HomeMy WebLinkAboutresolution.council.002-83RECORD OF PROCEEDINGS
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RESOLUTION NO. ~
(Series of 1983)
WHEREAS, the exposure of municipalities in Colorado and
throughout the country to federal antitrust lawsuits has been
greatly expanded as a result of recent decisions of the United
States Supreme Court; and
WHEREAS, the potential for treble damage awards and the sub-
stantial expense of defending antitrust litigation, even if the
defense is successful, may inhibit municipalities from enacting or
enforcing regulations which are necessary to protect the public
health, safety and welfare, but which also may be construed to
restrict competition; and
WHEREAS, at least four Colorado municipalities, including the
City of Aspen, Colorado, and the County of Pitkin, Colorado,
already have been sued under the federal antitrust laws, which
lawsuits challenge various regulatory activities of the munici-
palities and which lawsuits claim damages, when trebled, exceeding
$100 million each; and
WHEREAS, the cost to the taxpayers of one Colorado munici-
pality in defending one of these lawsuits, which was settled prior
to trial, exceeded $250,000; and
WHEREAS, the potential damage awards from antitrust lawsuits
and the cost of defense directly threaten the fiscal integrity of
these municipalities; and
WHEREAS, municipalities differ from private enterprise in
that private enterprise is
tecting the public health,
WHEREAS, the intended
not charged with the legal duty of pro-
safety and welfare; and
protection to claimants of treble
damages under the federal antitrust laws are not necessary because
of the numerous present protections from municipal regulations
available to such claimants such as, public notice, public
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hearing, public meeting and public record requirements, court
review of actions, periodic elections and the right of initiated
referendum and recall, and the continuing authority of the state
General Assembly or the people of Colorado to modify the statutory
and constitutional authority of Colorado's municipalities; and
WHEREAS, state legislation does not provide any certain solu-
tion to the foregoing problems and years of litigation will be
necessary to decide whether any state legislation meets the test
established by the U.S. Supreme Court for local government anti-
trust immunity; and
WHEREAS, federal legislation can address the problem directly
by seeking a specific exemption from the federal antitrust laws
for local governments and all or some of their activities in the
same manner as the states are held exempt; and
WHEREAS, as an alternative to outright exemption, federal
legislation could eliminate damages from the antitrust remedies
available against local governments and their taxpayers; and
WHEREAS, local governments should not be imperiled when
engaging in traditional local government regulatory activities
such as zoning, enacting and enforcing building and fire codes,
regulating the use of public rights-of-way, licensing, franchising
and the myriad of other regulatory activities traditionally
engaged in by local governments;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That the Congress of the United States hereby is urged to act
immediately to enact legislation providing exemptions for munici-
palities from federal antitrust liability to the same extent and
in the same manner s the states are now exempted.
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Section 2
That the City of Aspen's representatives in the U.S. Congress
and the entire Colorado Congressional Delegation are hereby urged
to actively support federal legislation providing antitrust exemp-
tion for Colorado municipalities.
Section 3
That the City Clerk is directed to send certified copies of
this Resolution to the below-named members of the Colorado Con-
gressional Delegation and other interested parties and groups:
The Honorable Gary Hart
United States Senator
221 Russell Senate Office Building
Washington, D.C. 20510
The Honorable William L. Armstrong
United States Senator
1321Dirksen Senate Office Building
Washington, D.C. 20510
The Honorable Ray Kogovsek
House of Representatives
430 Cannon House Office Building
Washington, D.C. 20515
The Honorable Timothy E. Wirth
House of Representatives
2454 Rayburn House Office Building
Washington, D.C. 20515
The Honorable Hank Brown
House of Representatives
1319 Longworth House Office Building
Washington, D.C. 20515
The Honorable Patricia Schroeder
House of Representatives
2410 Rayburn House Office Building
Washington, D.C. 20515
The Honorable Ken Kramer
House of Representatives
114 Cannon House Office Building
Washington, D.C. 20515
Colorado Municipal League
1155 Sherman Street, Suite 210
Denver, Colorado 80203
National Institute of Municipal Law Officers
1000 Connecticut Avenue N.W.
Suite 800
Washington, D.C. 20036
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Dated:
1983.
H~or ~
I, Kathryn S. Koch, duly appointed and acting City Clerk do
certify that the foregoing is a true and accurate copy of that
resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held ~/~c~/~c~..~ /~ , 1983.
Kathryn S~och, City Clerk