Title
Resolution Requiring City Attorney Written Opinion on Legality of Transferring Voter Approved Street Millage Funds to Public Art Fund
Body
Whereas, The previous City Administrator prepared and submitted to City Council a draft FY13 budget; and
Whereas, The draft FY13 budget includes a transfer of funds from the voter approved "street millage" fund to the "public art" fund; and
Whereas, The previous City Administrator and his staff publically acknowledged that advice was sought and attained from the City Attorney on the legality of transferring funds from the voter approved "street millage" fund to the "public art" fund; and
Whereas, The City Charter states that the City Attorney may "advise the heads of administrative units in matters relating to their official duties when so requested, and shall file with the Clerk a copy of all the Attorney's written opinions"; and
Whereas, The Clerk does not have a record of the City Attorney's written opinion on the legality of transferring funds from the voter approved "street millage" fund to the "public art" fund; and
Whereas, State law requires that voters have, "A clear statement of the purpose for the millage" when asked for a tax levy; and
Whereas, The voter approved street and bridge reconstruction millage did not include a clear statement that funds would be used for public art;
RESOLVED, City Council directs the City Attorney to provide a written opinion on the legality of transferring funds from the "street millage" fund to the "public art" fund as proposed in the FY 13 draft budget; and
RESOLVED, The City Attorney shall provide the written opinion to City Council by Monday, April 16, 2012; and
RESOLVED, The City Attorney shall file said written opinion with the Clerk in accordance with the City Charter.
Sponsored by: Councilmembers Kunselman and Briere