Anti-tax advocate Douglas Bruce urged El Paso County commissioners Thursday not to aid the city of Colorado Springs in collecting delinquent stormwater fees by attaching it to property tax bills.

The commissoners took no action on his request, asking County Attorney Bill Louis for an opinion on the legality of the county treasurer collecting the overdue fees as part of tax bills.

Bruce, a former county commissioner, contended that the legality of the city turning unpaid stormwater bills over to the county to be attached to property tax bills is in question.

He noted the city, in warnings to property owners about delinquent stormwater bills, cites a state law on taxation and assessment collection, yet the city argues the fees are not a tax. Rather, the city has maintained the charges, enacted by the City Council, are fees for service of a city enterprise.

Bruce also argued state law allows collection of taxes and assessments on property tax bills by municipalities, but the Stormwater Enterprise isn’t a municipality. Rather, it’s an enterprise, which the state constitution defines as a government-run business.

Louis advised commissioners and County Treasurer Sandra Damron not to speak publicly on the issue until he can research it.

Commissioner Wayne Williams noted the county paid its roughly $40,000 stormwater bill voluntarily, not as a mandatory fee, and that he shares Bruce’s concerns.

“I have concerns with the county tax rolls being used to collect a voluntary fee,” Williams said. “I’m not convinced this should be included on property tax assessments.”

The city, which began collecting stormwater fees in 2007, recently said it would turn hundreds of unpaid bills over to the county to be added to property taxes for collection.

Louis noted Damron is an independent elected official, and that commissioner have no say in the collection of taxes for other agencies.

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