Chapter 3.35
Unfunded Mandates
Sections:
3.35.010 Purpose.
The State and Federal government(s) continue to pass sweeping legislation that creates undue hardship on municipalities. Municipalities have extremely limited personnel and financial resources to maintain public order, promote public health and ensure public safety. State and Federal agencies pass rules and requirements without any regard to understanding a municipality’s ability to fund said rules and requirements. The State and Federal governments require municipalities to incur financial burdens and, in some cases, incur indebtedness, without any meaningful financial relief from these top-down mandates that overwhelm local taxpayers and rate payers of the City and negatively impact the quality of life of our citizenry. [Ord. 798, 2023.]
3.35.020 Definitions.
“Federal agencies” means the United States’ bureaucracy including all State agencies, bureaus and committees writing rules for the Federal purposes.
“Federal government” means the United States Congress.
“Municipalities” means the City of Brownsville and other municipal corporations.
“Rate payers” means the citizens of the City of Brownsville who are customers of any municipal, existing or future, utility services; services that derive funding from user fees and service charges.
“State agencies” means the State of Oregon’s bureaucracy including all State agencies, bureaus and committees writing rules for State purposes.
“State government” means the State of Oregon’s legislative assembly.
“Taxpayers” means the citizens of the City of Brownsville.
“Unfunded mandates” means any statute, policy, program and other instrument of the State and/or Federal governments that imposes expenditures by a municipality to comply with the statute, law, rule, or requirements of either higher government. [Ord. 798, 2023.]
3.35.030 Method of funding.
The City of Brownsville will not fund, pass any associated legislation in support of, or commit any personnel resources with regard to any unfunded mandates. In order for the City of Brownsville to fund any mandates, statutes, rules, requirements or other programs of either the State or Federal governments the State and/or Federal governments shall:
A. Provide municipalities with immunity from any tort liability incurred directly or indirectly from unfunded mandates.
B. Provide outright grants to each effected municipality to cover the costs of the mandate being imposed.
C. Providing loan opportunities shall not be considered an adequate funding measure.
The City of Brownsville does not have the financial ability to incur the financial liability or the general liability from these government edicts. [Ord. 798, 2023.]