HomeMy WebLinkAboutResolution-1984-0887
RESOLUTION NO. 317
Series of 1984
TITLE: RESOLUTION IN OPPOSITION TO SENATE BILL 194 CONCERNING INITI-
ATIVE AND REFERENDUM ON ZONINGS
WHEREAS, the United States Constitution guarantees citizens
the right to petition the Government for redress of grievances, and
WHEREAS, the Colorado Constitution also guarantees the right
of initiative and referendum to all citizens, including the registered
voters of all municipalities on legislative matters, and
WHEREAS, the Supreme Court has declared that zoning and rezoning
are legislative matters and subject therefore to both initiative and
referendum, and
WHEREAS, the Colorado Senate has passed Senate Bill 194 which
purports to strip citizens of this constitutional right to initiative
and referendum on zoning and said bill is in the House for consider-
ation, and
WHEREAS, it is not possible through statute to repeal a right
guaranteed by the Constitution and therefore the statute, if passed,
will set up numerous and expensive lawsuits on this issue, and
WHEREAS, the land use of their community is of vital interest
and importance to municipal residents, and
WHEREAS, municipal councilmen may grant rezonings that do not
reflect the will of their constituents and said constituents have a
right to seek reversal of such decisions through referendum rather
than costly litigation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Wheat Ridge, urges the Colorado legislature to defeat Senate
Bill 194 so that citizens retain their constitutional right to
initiative and referendum on all legislative matters.
BE IT FURTHER RESOLVED, that the City Council of the City of
Wheat Ridge, urges Governor Richard Lamm to veto Senate Bill 194 if
the legislature is so imprudent to pass it.
RESOLVED this 12th day of March, 1984.
ATTEST:
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FRANK S~ITES, MAYOR
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