| Has the
Council "decided" it doesn't want to be the urban renewal authority? |
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Reading the Ballot Issue 2A opposition's campaign literature,
you might come away thinking that the Council actually has "decided"
that it did not want the power of urban renewal and the up to $77
million that comes with it—that the Council, to
use Mayor Sisk's words in a different context, wanted to "abrogate their
responsibility and give their responsibility to a (non-elected) board." You might come away thinking that because
the opposition has been stating—misstating—that the 2A proponents want to "overturn"
a decision of the Council to put the Louisville Revitalization
Commission (seven unelected persons) in charge of urban renewal. The
opposition's remarkable misunderstanding of our constitution. Before
we show why that is simply wrong, let's first discuss how astonishingly
misguided such a statement is in our democracy, regardless of its
factual error. The Colorado Constitution reserves to the People of
every city the power of initiative
and referendum. These powers give the People the absolute right to directly enact legislation and to
veto laws enacted by their representatives. The history of
initiative and referendum prove a truism: these basic tools of
democracy are used when the People's representatives failed to enact
laws the People favor or enact laws the People oppose. The Colorado
Supreme Court has held that the power of initiative is a constitutional
right "of the first order." So, the opposition's objection to Ballot
Issue 2A—that it will
"overturn" a Council decision is a breathtakingly fundamental
misunderstanding of our constitutional democracy. It is so misguided
that there is almost nothing that can be said other than that the 2A
opponents need to return to democracy basics and read the Colorado
Constitution. They need to understand that We the People hold the absolute right
to "overturn" our representatives' decisions. The
opposition's basic factual error. Now for the 2A opponents'
factual misrepresentation. They state that the Council actually has
made a decision to give the LRC urban-renewal powers and control over
the $77 million. This is not close to being true. The 1971 Louisville
City Council created
the Louisville Urban Renewal Authority (LURA) to accomplish one
purpose: application for and distribution of Community Block Grants.
After a few years, LURA had no other purpose and ceased all operations.
In December 2003, it was "reactivated";
in August 2004, its name was changed
to the "Louisville Revitalization Commission." When in December 2006,
the City Council approved the urban renewal plan for the Hwy 42
corridor, under state law only one entity could implement the plan: the
existing LURA. As a result, the Council has never
voted to "give" power to the LRC because the LRC was
automatically invested with the power as the city's long-time urban
renewal authority. Council member Don Brown in October 2007
engaged in terribly
improper behavior: although he was a self-disclosed member of the
special-interest anti-2A group, Louisville Moving Forward, he sponsored
a resolution condemning Ballot Issue 2A and invited the entire Council,
including two other members (Sheri Marsella and Dave Clabots) who also
were members of LMF, to pass the resolution. Even Mr. Brown at the
hearing on the resolution acknowledged that the Council did not
"decide" in December 2006 to give the powers of urban renewal to the
LRC..
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