Resolution 11310006.90000
WSS/gjz
9/ 12/06
RESOLUTION NO. 1131
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EDMONDS, WASHINGTON, OPPOSING
INITIATIVE 933 ENTITLED "AN ACT RELATING TO
PROVIDING FAIRNESS IN GOVERNMENT
REGULATION OF PROPERTY."
WHEREAS, Initiative 933 (I-933) will be presented to the voters of the
State of Washington at the general election on November 7, 2006, with the following
official Ballot Title:
Statement of the Subject: Initiative Measure 933 concerns
government regulation of private property.
Concise Description: This measure would require
compensation when government regulation damages the
use or value of private property, would forbid regulations
that prohibit existing legal uses of private property, and
would provide exceptions or payments.
Should this measure be enacted into law: Yes ❑
No ❑
WHEREAS, I-933 would require an agency, including a city government,
that "decides" to enforce or apply" any "ordinance, regulation or rule" to private property
which would result in "damaging the use or value of private property" to first "pay
compensation," as those phrases are defined and used in I-933, and
WHEREAS, I-933's definition of "damaging the use or value" would
dramatically lower the threshold for compensation far below constitutional limits; and
WHEREAS, I-933's definition of "private property" includes virtually all
interests in real as well as personal property, and
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WHEREAS, because I-933's definition of "damaging the use or value" of
private property includes no minimum threshold for the reduction of use or value,
virtually any limitation on the use of private property creates a cause for a compensation
claim for "damages" within the meaning of I-933, regardless of the importance of the
public protection achieved by such limitation, and
WHEREAS, by its terms, the provisions of I-933 are to be "liberally
construed" (Section 6) and its exceptions "shall be construed narrowly" (Section (2)(c),
and
WHEREAS, the exceptions listed in Section (2)(c) do not list nuisance
uses that typically would be precluded from residential neighborhoods, and thus I-933
would authorize claims for payment or waiver for city regulations that prohibit a wide
variety of obnoxious land uses and activities that would seriously degrade property values
of such residential neighborhoods, and
WHEREAS, I-933 would deprive local jurisdictions, including the City of
Edmonds, of the ability to adopt and enforce reasonable land use development standards
to mitigate traffic impacts, assure appropriate building height and lot coverage maxima,
provide for the preservation of open spaces and protection of environmentally sensitive
areas; and other general development regulations necessary to promote the public health,
safety, and welfare, and
WHEREAS, I-933 erroneously assumes that local jurisdictions have
authority to "decide" not to enforce or apply their duly adopted ordinances, regulations
and rules, without granting express authority to pay compensation or waive the
enforcement or application thereof, and
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WHEREAS, the Association of Washington Cities has estimated that the
state-wide annual administrative costs alone would be between [$60] million and [$76]
million, while the state-wide annual cost to cities for paying off claims is estimated to be
between [$3.5] billion and [$4.5] billion, and
WHEREAS, the impact of I-933 on city taxpayers in Washington is
estimated at between [$2,410] and [$3,078] per household every year, and
WHEREAS, the cost of processing and paying compensation for the
enforcement of reasonable development regulations under I-933 would far exceed the
requirements of both the federal and state constitutions and cripple the fiscal ability of the
City to provide needed public safety, infrastructure and other public services, and
WHEREAS, prior to adoption of this resolution, the City of Edmonds has
given notice of the meeting at which it was considered containing the official Ballot Title
of Initiative 933 and has afforded equal opportunity at the meeting for any person to
express an opposing view, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
Section 1. The City of Edmonds opposes adoption of Initiative 933, and
urges its rejection by the voters.
RESOLVED this 3rd day of October, 2006.
ATTEST/AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVE
MAY R, GA&f HA KENSON
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FILED WITH THE CITY CLERK: 09/29/06
PASSED BY THE CITY COUNCIL: 10/03/06
RESOLUTION NO. 1131
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