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HomeMy WebLinkAbout1985-03 Requesting that the Colorado General Assembly Act as Quickly as Possible to Adopt House Bill 1134f i ' E' RESOLUTION N0. 3 Series of~1985 A RESOLUTION REQUESTING T~IRT THE COLORADO GENERAL ASSEMBLY ACT AS QUICKLY AS POSSIBLE TO ADOPT HOUSE BILL 1134 IN ORDER TO PROTECT LOCAL GOVERNMENTS AND THEIR TAX PAYERS FROM ANTITRUST LIABILITY. WHEREAS, the State of Colorado relies upgn local governments to carry out many Iicensing and regulatory activities and should provide local governments and their taxpayers with sufficient protection tq exercise that responsibility without the fear of expensive antitrust litigation and liability; and WHEREAS, the exposure of municipalities in Colorado and throughout the country to antitrust lawsuits has been expanddd as a result of recent decisions of the United States Supreme Court; and WHEREAS, the potential for damage awards and the substantial expense of defending antitrust litigation, even if successful, may inhibit municipalities from enacting or enforcing regulations which protect the public health, safety and welfare, but which also may be deemed to restrict competition; and WHEREAS, at least five Colorado municipalities already have been sued under the antitrust laws; and WHEREAS, other Colorado municipalities have been threatened with antitrust lawsuits for licensing or regulatory decisions; and WHEREAS, the cost to the taxpayers of Boulder, Colorado, in defending one federal antitrust lawsuit, which was settled prior to trial, was an estimated one-quarter million dollars; and WHEREAS, municipalities differ from private enterprise in that private enterprise is not charged with protecting the public health, safety and welfare through licensing and regulation; and WHEREAS, numerous protections from municipal licensing and regulatory actions, other than damages under the antitrust laws, are available such as, public notice, public hearing, public meeting and public record requirements, court review of actions, periodic elections and the rights of initiative, referendum and recall, and the continuing authority of the General Assembly or the people of Colorado to modify the statutory or constitutional authority of Colorado's municipalities; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF VAIL, COLORADO, that the Colorado General Assembly should act as~quickly as possible to adopt H.B. 1134 in order to protect local governments and their taxpayers from expensive anti- trust litigation and liability for local licensing and regulatory activity and that the Town support efforts of the Colorado Municipal League in this regard. INTRODUCED, READ, PASSED, AND ADOPTED at a regular meeting of the Town Gouncil of the Town of Vail, Colorado, held on February 5, 1985. Ken~''R.`Rose, Mayor Pro Tem ATTEST:~ r. Pamela A, Brandrneyer, own Clerk