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City raids wastewater fund, creates secret tax

by: McGuffey

Tue Jun 23, 2009 at 22:01:45 PM MDT


Denver needs to cut $70 million from its budget. Taxpayers fear the city will shift costs onto us rather than make real cuts. These fears get more intense when you read the damning expose in Westword.

Denver homeowners are taxed for our wastewater runoff. The money is supposed to be used for maintaining storm drains. But Mayor Hickenlooper is using these tax dollars to pay for almost everything except the wastewater system.

How can we trust the city to tell us what budget cuts need to be made when they are using tricky accounting like this?

McGuffey :: City raids wastewater fund, creates secret tax
From the article:

As money got tighter in recent years, city officials started dipping into the fund to help pay for such services as emergency snow removal and street repair. Over the past three years, in fact, nearly $29 million has been pulled from the fund to "reimburse" other agencies within Public Works, such as Street Maintenance. Another $9 million has paid for sweeping streets and paving alleyways. And $14.6 million went to buy land that Public Works plans to use for a new general facility; in March, $27.9 million was taken from the fund for the design and construction of a new campus with state-of-the-art offices, warehouses and maintenance garages for every Public Works agency but Wastewater.

This regular raiding of the Storm Drainage Enterprise Fund has occurred without the official approval of Denver City Council or city residents, leading some critics to call the practice a secret tax on property owners. And last week, the Denver Auditor's Office moved up its audit of this enterprise fund.

Cox, who lets her mortgage company handle her property taxes, doesn't pay much attention to the Stormwater Utility fee; as a lifelong Denver resident, she understands the importance of bringing the city's sewer system into the 21st century. Even so, she says, "If I'm going to pay more taxes, I'd like to know where the money is going. I don't think they should tell you that it's being used for the storm drains and then use it for something else."

Read it all at Westword.

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Lawsuit
Denver taxpayers could sue the city over this. If they can find a lawyer. All the bid wigs at major firms are either on retainer by the city or are donors and friends of the celebrity mayor.

waste
Yes. This Westword story should have dropped like a brick on the Hick administration. but instead the consensus seems to be 'Oh well.' Apparently Denver citizens have unwavering faith that their leaders will be straight with them on tax increases. Well, Hick has already raised taxes on you, you just don't know it because you're paying it through higher fees/ 'Oh well'./  

I don't understand
I finally read the article and I don't understand something. For snow removal for the big blizzards it says the city took money from the Storm Drain fund. I thought the city took money from the contingency fund for snow removal. That is what the public was told. Does anyone know about this? Did the mayor mislead us about where the snow removal money came from?

This all came up again when City Council decided to take money from the city contingency reserves to pay for more free child care. They said if you dip into reserves for snow you should dip in for child care also.


Rain catchment
Will Denverites who harvest rain be able to request a wastewater tax exemption?  

Douglas Bruce weighs in
Westword posted an update to the story here:

Now cantankerous tax cutter Douglas Bruce -- author of the 1992 tax limitation amendment that, along with Amendment 23, has forced governments in Colorado into a budgetary vice grip -- has decided to weigh in on the legality of Denver's TABOR loophole. Apparently, he just returned from a vacation to China. (Not the red one, hopefully.) Here are his thoughts via e-mail:

   Diversion of funds makes the enterprise illegal because it is not a "business" but a front for laundering general fund spending. The supreme court has ruled in the E-470 case* that enterprises cannot impose taxes. Also, it ruled that a fee is exempt from TABOR only if the money is earmarked for a specific purpose and not transferred to another spending pot.

   The Denver Drainage Diversion scheme, as well as Wastewater and other enterprises, violate both legal standards. They are cash cows for other purposes. Their rates are de facto taxes and should return to their 1992 level. People are wising up to the fee v. tax abuse, as with the car registration "fee" doubling this year.



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