Town of Timnath Expresses Strong Opposition to Proposed Ballot Initiative Amending the Town Charter
November 15, 2023
The Town Council of Timnath, Colorado, has taken a decisive stance by passing Resolution No. 68, Series 2023, firmly opposing a proposed ballot initiative aimed at amending the Town Charter to include a prohibition on the annexation of properties with open mining permits. This resolution reflects the Council’s concern that the proposed initiative would have detrimental effects on the Town and its residents.
The proposed initiative, submitted by a committee of five residents, seeks to restrict the Town’s ability to annex properties with open mining permits. However, the Town Council has raised significant objections to this initiative, citing multiple reasons for its opposition.
Critical Points of Opposition Include:
- Increased Risk of Litigation: Passing the initiative could expose the Town to an increased risk of litigation, leading to higher costs for residents and legal uncertainties.
- Conflict with Town Goals: The proposed initiative conflicts with the goals outlined in the Town Comprehensive Plan and Charter, which were developed through extensive community engagement.
- Ineffectiveness in Achieving Environmental Goals: The Council argues that the initiative’s goals, such as protecting the environment, nature, wildlife, and communities, would not be adequately achieved, as the Town already has no authority under state statute to assume oversight responsibility of reclamation.
- Restriction of Property Rights: The initiative would limit the rights of property owners and the Town Council, potentially infringing upon the constitutional rights of citizens to petition for annexation.
In light of these concerns, the Town Council has adopted Resolution No. 68, Series 2023, formally opposing the proposed ballot initiative. The resolution emphasizes the importance of preserving the current annexation process outlined in the Colorado Constitution and state statutes.
This decision was reached following careful consideration of the potential impacts on property rights, community development, and the environment and the risk of legal challenges.
The Timnath Town Council introduced, moved, and adopted the resolution on November 14, 2023.