AG opinion issued on C4C resolution

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Kids sing a song in an effort to persuade the EDC, right, to give $120.5 million in state money to City for Champions. It worked. - PAM ZUBECK
  • Pam Zubeck
  • Kids sing a song in an effort to persuade the EDC, right, to give $120.5 million in state money to City for Champions. It worked.

According to recently released Attorney General's Office opinion, the city's resolution with the state for the City for Champions tourism project is a "unique legal document" rather than an intergovernmental agreement (IGA).

The upshot of that opinion is that the City Council won't be required to approve the resolution, which specifies how $120.5 million in state sales tax money will be allocated among the four projects, what entity will control the money and other guidelines. If the document had been labeled an IGA, it would have required Council approval.

The opinion is listed on the agenda for tomorrow's meeting of the state Economic Development Commission in Denver, along with discussion of the C4C project, and two others granted money under the Regional Tourism Act, in Pueblo and Aurora.

We obtained the legal opinion from Bill Murray, a retired Army colonel who's been tracking the C4C project. He obtained it from Jeff Kraft, director of Business Funding and Incentives in the Colorado Office of Economic Development and International Trade.

Says Kraft in an email to Murray: "The Attorney General's informal legal opinion for OEDIT on this question is subject to attorney client privilege. However, OEDIT is voluntarily waiving that privilege and making the document available."

From the opinion, minus the statutory citations:

Question: Whether a resolution adopted by the Economic Development Commission under the Regional Tourism Act is a unique legal document governed by the Act, or an intergovernental agreement governed by the Intergovernmental Relationship statute.

Conclusion: A resolution adopted by the Commission under the RTA is a unique legal document governed by the Act, not an IGA governed by the IR statute.

Read the entire opinion, issued by Deputy Attorney General Bernie Buescher and First Assistant Attorney General LeeAnn Morrill:

See related PDF AGOpinionIGA.pdf

Attorney General John Suthers, who's said he supports City for Champions, will run for mayor of Colorado Springs in 2014.

Meanwhile, a proposal by City Councilor Joel Miller to submit a question to voters at the April 2015 election will be discussed at the Council's Sept. 23 meeting. The measure would require voter approval for construction of a sports stadium downtown.

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