HomeMy WebLinkAbout1985-03 Requesting that the Colorado General Assembly Act as Quickly as Possible to Adopt House Bill 1134f
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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:~
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Pamela A, Brandrneyer, own Clerk