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RESOLUTION NO. 14062
A RESOLUTION OPPOSING “AMENDMENT 74”, AN
ATTEMPT TO AMEND THE COLORADO CONSTITUTION TO
DRASTICALLY LIMIT STATE AND LOCAL GOVERNMENT
SERVICES AT A HIGH COST TO TAXPAYERS
WHEREAS, local government services are essential to the citizens of City of Pueblo;
and
WHEREAS, Amendment 74 has been written by certain out-of-state corporate
interests to change the text of the Colorado Constitution, Article II, Section 15, which dates
back to 1876 and threatens basic governmental services; and
WHEREAS, Amendment 74 declares that any state or local government law or
regulation that “reduces” the “fair market value” of a private parcel is subject to “just
compensation;” and
WHEREAS, while Amendment 74 is shrouded in simple language, it has far reaching
and unintended impacts; and
WHEREAS, under the current Colorado Constitution, a property owner already has
the right to seek compensation from state or local governments; and
WHEREAS, Amendment 74 would expand this well-established concept by requiring
the government – i.e., the taxpayers – to compensate private property owners for virtually any
decrease whatsoever in the fair market value of their property traceable to any government
law or regulation; and
WHEREAS, Amendment 74 would create uncertainty because it is not clear what the
language actually means or how it can be applied; and
WHEREAS, Amendment 74 would severely limit the ability of Colorado’s state and
local governments to do anything that might indirectly, unintentionally, or minimally affect the
fair market value of any private property; and
WHEREAS, Amendment 74 would drastically diminish the ability of our state and local
governments to adopt – let alone attempt to enforce – reasonable regulations, limitations, and
restrictions upon private property; and
WHEREAS, Amendment 74 would place laws, ordinances, and regulations designed
to protect public health and safety, the environment, our natural resources, public
infrastructure, and other public resources in jeopardy; and
WHEREAS, Amendment 74 would directly impact zoning, density limitations, and
planned development; and
WHEREAS, Amendment 74 would make inherently dangerous or environmentally
damaging activities prohibitively costly to attempt to limit or regulate, even in the interest of
public health, safety, and welfare; and
WHEREAS, any arguable impact upon fair market value – however reasonable or
justified or minimal or incidental or temporary – resulting from state or local government action
could trigger a claim for the taxpayers to pay; and
WHEREAS, governments would be vulnerable to lawsuits for almost every decision
to regulate or not to regulate, making regular government function prohibitively expensive for
the taxpayer; and
WHEREAS, similar efforts have been attempted and defeated in other states, such as
the states of Washington and Oregon; and
WHEREAS, the fiscal impact for similar language in Washington was estimated at $2
billion dollars for state agencies and $1.5 billion for local governments over the first six years;
and
WHEREAS, individuals filed several thousand claims against state and local
governments with an estimated value in excess of several billions of dollars in claims in
Oregon before the residents repealed the takings initiative three years after its passage;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
City of Pueblo opposes Amendment 74 and strongly urges a vote of NO this
November.
SECTION 2.
The officers and staff of the City are authorized and directed to perform any and all
acts consistent with this Resolution to effectuate the policies and procedures described
herein.
SECTION 3.
This Resolution shall become effective immediately upon final passage.
INTRODUCED October 9, 2018
BY: Robert Schilling
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
ACTING CITY CLERK
City Clerk’s Office Item # Q-2
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: October 9, 2018
TO: President Christopher A. Nicoll and Members of City Council
VIA: Brenda Armijo, Acting City Clerk
FROM: Sam Azad, City Manager
A RESOLUTION OPPOSING “AMENDMENT 74”, AN ATTEMPT TO
SUBJECT:
AMEND THE COLORADO CONSTITUTION TO DRASTICALLY LIMIT
STATE AND LOCAL GOVERNMENT SERVICES AT A HIGH COST TO
TAXPAYERS
SUMMARY:
Attached is a Resolution which expresses the City Council’s opposition to Amendment 74 which
is a statewide ballot issue on the November 6, 2018 ballot.
PREVIOUS COUNCIL ACTION:
Not applicable to this Resolution.
BACKGROUND:
Section 1-45-117 (b) (III) (A), C.R.S., of the Colorado Fair Campaign Practices Act, authorizes
the governing body of a political subdivision of the State of Colorado to pass a Resolution or to
take a position of advocacy in support of or opposition to statewide or local ballot issues. This
Resolution expresses the City Council’s opposition to Amendment 74 which is a statewide ballot
issue on the November 6, 2018 ballot.
Under the current Colorado Constitution, a property owner has the right to seek compensation
from state or local governments in eminent domain cases when private property is condemned
for a public use. Amendment 74 would expand this well-established concept by requiring the
government – i.e., the taxpayers – to compensate private property owners for virtually any
decrease whatsoever in the fair market value of their property traceable to any government law
or regulation.
FINANCIAL IMPLICATIONS:
If Amendment 74 passes, the City of Pueblo would be vulnerable to lawsuits for almost every
decision to regulate or not to regulate, making regular government function prohibitively expensive
he fiscal impact for similar language in the State of Washington was
for the taxpayer. T
estimated at $2 billion dollars for state agencies and $1.5 billion for local governments
over six years.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Resolution.
STAKEHOLDER PROCESS:
Not applicable to this Resolution.
ALTERNATIVES:
Passage of Amendment 74 would severely limit the ability of Colorado’s state and local
governments to do anything that might indirectly, unintentionally, or minimally affect the
fair market value of any private property.
RECOMMENDATION:
Pass the Resolution.
Attachments:
Proposed Resolution