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HomeMy WebLinkAbout14062 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