The Colorado Springs city clerk has refused to publish statements favoring two measures on the November 4 ballot, claiming they aren’t covered by state law requiring that the arguments for and against a proposal be mailed to voters ahead of elections.

Douglas Bruce, who wrote and gathered signatures to place two questions on the ballot that would overhaul how city enterprises operate, said the rejection of his statements shows city officials are trying to manipulate the election’s outcome.

In a letter to Bruce on Monday, City Clerk Kathryn Young said the Taxpayers Bill of Rights requires written comments to be filed only for measures dealing with a new tax, tax rate increases, mill levy increases or a change directly causing an increase in tax revenue.

Bruce, who wrote TABOR, disputed the city’s claim, saying TABOR requires comments on any non-recall measure.

Even if that wasn’t the case, Bruce maintains the measures are TABOR-related because they deal with government enterprises, which are defined by TABOR.

One measure would require enterprises – city-owned entities that operate as businesses supported by independent revenues – to operate only with “voluntary customer contracts,” which would disallow the mandatory Stormwater Enterprise’s mandatory fees that went into effect in January 2007. The other would phase out transfers between enterprises and the city’s general fund, phasing out over 10 years Colorado Springs Utilities’ $26-million payment in lieu of taxes to the city.

“This has to do with enterprises, government businesses that are exempt from the TABOR revenue limit,” he said, referring to TABOR’s cap on new revenue that tax-supported government agencies can collect year to year.

“You can’t be an enterprise if you take money by force,” he said, citing a Supreme Court decision forbidding enterprises from imposing taxes.

He also noted the measures would bring about revenue changes that would affect the city’s TABOR spending limit, the very heart of TABOR.

Young cited a 1996 Supreme Court case in which the court ruled the notices aren’t necessary.

“We’re basing the decision because of how TABOR is established in both the city and the state and off of a Colorado Supreme Court ruling,” she said. “We’re following the law.”

El Paso County Clerk and Recorder Bob Balink, who oversees elections, rejected an appeal by Bruce on Tuesday. Bruce filed a lawsuit late Tuesday seeking to overturn the city’s decision. A hearing was set for Thursday.

In a related matter, the City Council on Monday decided not to mail out factual summaries about the measures, a common practice through the years which also has rankled Bruce.

He said the summaries are optional, but in the past the city has sent summaries to registered voters written by city officials without input from both sides.

Young said the council directed her not to mail summaries, because “the initiatives are pretty vague.”Contact the writer: 636-0238 or pam.zubeck@gazettedev.gazette.com