HomeMy WebLinkAboutResolution 33 - 2022 Race based covenantsCITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 33
Series of 2022
TITILE: A RESOLUTION DECLARING RACE AND RELIGION BASED
COVENANTS ON REAL POPERTY WITHIN THE CITY OF WHEAT
RIDGE TO BE ILLEGAL AND UNENFORCEABLE AND IN
CONNECTION THEREWITH, DIRECTING CITY STAFF TO TAKE
CERTAIN ACTIONS IN RELATION THERETO
WHEREAS, the City of Wheat Ridge is a home rule municipality operating under
a charter approved by its electors and governed by its City Council; and
WHEREAS, the City of Wheat Ridge was incorporated in 1969. At that time, the
City included a number of subdivisions which had been platted in Jefferson County in the
earlier part of the twentieth century. Some of these subdivisions contained private
covenants precluding sales based on race or religion; and
WHEREAS, in 1948, in the case of Shelley v. Kraemer, the Supreme Court of the
United States struck down race and religion based covenants as illegal and judicially
unenforceable. The Supreme Court of Colorado, relying on Shelley v Kraemer, likewise
has ruled that restrictive covenants based on race or religion are unenforceable, holding
that “the United States Supreme Court has extracted any teeth which such a covenant
was supposed to have, no rights, duties, or obligations can be based thereon” Capital
Federal Savings & Loan v Smith (1957); and
WHEREAS, the Colorado State Legislature has previously enacted Colorado
Revised Statues Section 38-30-169, equipping private citizens with a mechanism to
remove race and religion based covenants from their communities; and
WHEREAS, the City Council finds and declares such covenants are antithetical to
the values of the City and its residents and wishes to take such actions as are legally
available to it to declare such covenants illegal and unenforceable, and to provide
mechanisms for their removal from title to public and private property.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council:
Section 1. Race and Religion-based covenants declared illegal and
unenforceable. The City Council, in full agreement with the United States Supreme
Court, the Colorado Supreme Court and the Colorado State Legislature, hereby declares
that real estate covenants based upon race or religion are illegal and unenforceable and
are antithetical to the values of the City and its residents.
Section 2. Direction to City Staff. The City Council hereby directs the City
Manager and staff, with the assistance of the City Attorney, to take the following actions
in furtherance of this resolution:
• Conduct a review of the title of City owned properties, and to the extent any such
property is found to contain a race or religion based covenant, promptly create
documents as permitted by CRS 38-30-169 to remove such covenants.
• Bring forward for Council consideration an ordinance amending the City's Land
Use Code to require a plat note be affixed upon approval of re-subdivisions of
property within the City advising that race or religion-based covenants on real
property are illegal and unenforceable.
• Draft and provide appropriate forms for use by private property owners to facilitate
their action in removing race and religion-based covenants from their private
property, as permitted by CRS 38-30-169.
Section 3. Effective date. This Resolution shall be effective upon approval by the
City Council and electronic signature by the Mayor.
DONE AND RESOLVED this _25th_ day of _July 2022.
Bud Starker, Mayor
ATTEST:
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Stephen Kirkpatrick, City Clerk