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2806RESOLUTIO N NO. 2806 •A RESOLUTION OF THE CITY OF MOSES LAKE, WASHINGTON, OPPOSING INITIATIVE 933, ENTITLED "AN ACT RELATING TO PROVIDING FAIRNESS IN GOVERNMENT REGULATION OF PROPERTY" RECITALS: 1.Initiative 933 (1-933) will be presented to the voters of election on November 7, 2006, with the following offici Statement of the Subject: Initiative Measure 933 tion of private property. Concise Description: This measure would require c ment regulation damages to use or value of private prop tions that prohibit existing legal uses of private prop exceptions or payments. Should this measure be enacted into law? Yes[ ] N 2.1-933 would require an agency, including a city government, that "de cides" to "enforce or apply" suit in "damaging the use any "ordinance, regulation or rule" to private property which would r or value of private property" to first "pay compensation," as those phrases are defined and used in 1-933. the State of Washington at the general al Ballot Title: oncerns government regula- mpensation when govern- erty, would forbid regula- erty, and would provide o[ ] wer the threshold for •3. 1-933's definition of "damaging the use or value" would dramatically lo compensation far below constitutional limits. s well as personal 4. 1-933's definition of "private property" includes virtually all interests in real a property. 5. Because 1-933's definition of "damaging the use or value" of private prope minimum threshold for the reduction of use or value, virtually any limitation on the property creates a cause for a compensation claim for "damages" within the mea regardless of the importance of the public protection achieved by such limitation. rty includes no use of private ing of 1-933, 6. By its terms, the provisions of 1-933 are to be "liberally construed" (Section 6) and its e "shall be construed "narrowly" (Section(2)(c). xceptions 7.The exceptions listed in Section (2)(c) do not list nuisance uses that typically wo precluded from residential neighborhoods, and thus 1-933 would authorize claims for pay or waiver for city regulations that prohibit a wide variety of obnoxious land uses and activ that would seriously degrade property values of such residential neighborhoods. 8.1-933 would deprive local jurisdictions, including the City of Moses Lake, of the ability to adop 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. uld be ment 'ties 9. 1-933 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. • Adopted by the City Council on October 24, 2006 ATTEST: 4 Ronald C. Cove C)--.--. ,.....--,--t7L---------0 I.L., nance Director • RESOLUTION 2806 PAGE 2 October 24, 2006 10, The Association of Washington Cities has estimated that the state-wide annual adminis- trative costs to cities 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. 11.The impact of 1-933 on city taxpayers in Washington is estimated at between $2,410 and $3,078 per household every year. 12.The cost of processing and paying compensation for the enforcement of reasonable development regulations under 1-933 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. 13.Prior to adoption of this resolution, the City of Moses Lake has given notice of the meeting at which it was considered containing the official BallotTitle of Initiative 933, and has afforded equal opportunity at the meeting for any person to express an opposing view, now, therefore, be it RESOLVED: 1. The City of Council of the City of Moses Lake, Washington, that the City of Moses Lake opposes adopting of Initiative 933, and urges its rejection by the voters. • •