HomeMy WebLinkAboutresolution.council.005-85RECORD OF PROCEEDINGS
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RESOLUTION NO. ~-
(Series of 1985)
A RESOLUTION SUPPORTING THE EFFORTS OF THE COLORADO MUNICIPAL
LEAGUE URGING THE COLORADO GENERAL ASSEMBLY TO ACT AS QUICKLY AS
POSSIBLE TO ADOPT LEGISLATION PROTECTING LOCAL GOVERNMENTS AND
THEIR TAXPAYERS FROM EXPENSIVE ANTITRUST LITIGATION AN LIABILITY
WHEREAS, the State of Colorado relies upon local governments
to carry out many licensing and regulatory activities and should
provide local governments and their taxpayers with sufficient pro-
tection to exercise that responsibility without the fear of expen-
sive antitrust litigation and liability; and
WHEREAS, the exposure of municipalities in Colorado and
throughout the country to antitrust lawsuits has been expanded 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
City of Aspen, already
and
with
and
five Colorado municipalities, including the
have been sued under the antitrust laws;
WHEREAS, other Colorado municipalities have been threatened
antitrust lawsuits for licensing or regulatory decisions;
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 regulations; and
RECORD OF PROCEEDINGS
100 Leaves
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 meet-
ing and public record requirements, court review of actions, peri-
odic elections and the rights of initiative, referendum and
recall, and the continuing authority of the General Assembly or
the people of the State of Colorado to modify the statutory con-
stitutional authority of Colorado's municipality.
NOW, THEREFORE, BE
CITY OF ASPEN, COLORADO:
Section 1
That the
IT RESOLVED BY THE CITY COUNCIL OF THE
Colorado General Assembly should act as quickly as
possible to adopt H.B. 1~4 in order to protect local govern-
ments and their taxpayers from expensive antitrust litigation and
liability for local licensing
City of Aspen support efforts
this regard.
Dated: ~_
I, Kathryn S.
and regulatory activity and that the
of the Colorado Municipal League in
, 1985.
~ St~'r~~ ·
Koch, duly appointed and acting City Clerk do
Council of the City of Aspen,
// , 1985.
Kathryn S/Koch, City Clerk
resolution adopted by the City
Colorado, at a meeting held on
certify that the foregoing is a true and accurate copy of that