A District Court judge on Thursday rejected Douglas Bruce’s bid to force the city of Colorado Springs to mail to voters statements he provided in favor of his two Nov. 4 ballot initiatives that could eliminate the Stormwater Enterprise.

Fourth Judicial District Judge Thomas Kane upheld City Clerk Kathryn Young’s decision that pro and con statements aren’t required by state law because neither of Bruce’s measures deals with a new tax, increasing taxes or government debt.

Bruce’s two initiatives on the November ballot would make stormwater fees voluntary and phase out payments from city enterprises to the city, including Colorado Springs Utilities’ $26 million annual payment in lieu of taxes.

City spokeswoman Sue Skiffington-Blumberg said the judge cited requirements in the City Charter and state constitution and a 1996 Supreme Court decision in ruling the measures don’t have the content required to trigger pro-con statements.

“We would have been breaking the law, because they are not falling within the TABOR requirements,” she said, referring to the Taxpayer’s Bill of Rights, which was authored by Bruce and adopted by voters.

Skiffington-Blumberg said TABOR requires pro and con statements for measures regarding taxation, financing and spending, “and these did not qualify under those provisions.”

Bruce called the ruling “preposterous.”

“Why is the City Council saying it’s the end of the world if this passes but comes into court and says it doesn’t affect city revenue?” Bruce said.

He said he won’t appeal, because there’s no point.

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Contact the writer: 636-0238 or pam.zubeck@gazettedev.gazette.com

United States 302nd Airlift Wing Air Force Reserve Master Sergeant and flight engineer Jane Link, left, and First Lieutenant and navigator Kristi Miller do a pre-flight inspection of their C-130 Hercules aircraft. Photo by (THE GAZETTE/KIRK SPEER)

KIRK SPEER