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At the November 3, 2009, Coordinated Election, the voters of Colorado Springs approved an initiated ordinance, "Issue 300" 1 . The initiated ordinance presented to the voters did not define terms or give guidance for its implementation. The wording of Issue 300 is reasonably susceptible to more than one meaning. The City Council is authorized to enact legislation to implement and facilitate the evident purposes of Issue 300 by defining words and phrases in the initiated ordinance presented to the voters. To that end, the City Council hereby implements the intent of the voters by giving meaning to Issue 300 as a whole and construing Issue 300 to harmonize its provisions with the City Charter. (Ord. 10-27)
Notes
| 1 | 1. The Coordinated Election results were certified by the El Paso County Clerk and Recorder to the Colorado Secretary of State on November 16, 2009. There were 53,290 votes for the initiated ordinance, 44,402 votes against the initiated ordinance. |
Excluding sales and use taxes forwarded from enterprise customers, all enterprise payments to the City shall phase out in eight (8) or fewer equal yearly steps starting in January 2010, with all yearly savings passed on as reductions to each customer bill in dollar amounts as equal as possible. Hereafter, all loans, gifts, and subsidies between an enterprise and the City or another enterprise are prohibited. (Ord. 10-27)
Notes
| 1 | 2. Notice of initiated ordinance election results ordinance 09-137, dated December 2, 2009. |
The following definitions apply to this article:
ALL YEARLY SAVINGS PASSED ON AS REDUCTIONS TO EACH CUSTOMER BILL IN DOLLAR AMOUNTS AS EQUAL AS POSSIBLE: Enterprise fees, rates, and charges as established in the regular course of business after consideration of relevant financial factors, including any savings resulting from the phaseout of enterprise payments to the City.
ASSET: A tangible or intangible thing of value regardless of whether the thing of value provides direct or measurable benefits to the City or the enterprise. "Asset" includes, but is not limited to: a) cash and other funds; b) services, including studies and reports, provided by consultants, c) police and fire services consumed or made available, d) street and traffic services consumed or made available, e) all other City services used, consumed or made available, f) memberships in organizations that provide technical advice and services, and g) any other thing that confers value or is intended to confer value. "Asset", as the term relates to a specific enterprise, includes only the proportional share of the total cost of an asset that is allocated to the enterprise by way of the budget adopted by City Council.
CITY: The municipal government of the City of Colorado Springs, Colorado. For purposes of this article only, "City" does not include enterprises of the City.
CONSIDERATION: Anything of value, and includes any direct or indirect service, benefit, cash, or other tangible or intangible asset, regardless of whether or how the service, benefit, or other tangible or intangible asset can be measured. Consideration may be measured, in whole or in part, by the amount of taxes that would have been paid by the enterprise if the enterprise were a taxable entity. The determination of consideration is administrative in nature.
ENTERPRISE: A business function that: a) qualifies as an "enterprise" under Colorado Constitution article X, section 20(2)(d), b) qualifies as an "enterprise" under Charter subsection 7-90(b)(5), and c) is classified as an enterprise by the City. Enterprise includes the municipal enterprises, Colorado Springs Utilities, and MHS Enterprise.
GIFT: A benefit or a transfer of an asset without consideration. "Gift" includes the transfer of funds made solely because an enterprise is exempt from the obligation to pay taxes. "Gift" does not include a transfer of funds if the funds are held in a fiduciary capacity. "Gift" does not include the transfer of funds to the general revenues of the City of the remaining surplus of the net earnings of Colorado Springs Utilities if the transfer is authorized in the annual budget and appropriation ordinance adopted by City Council, as provided in Charter subsection 6-40(b). "Gift" does not include a transfer of funds to satisfy an obligation existing as of the date Issue 300 became effective, or a transfer of funds required by law. "Gift" does not include a transfer of funds for the purpose of making an investment, or a transfer of funds that represents a return on an investment. "Gift" does include payments and subsidies.
HEREAFTER: Following immediately in sequence of time or order. For purposes of interpreting Issue 300, the prohibition against all loans, gifts or subsidies between an enterprise and the City shall become effective from and after the required publication of the initiated ordinance in accord with City Charter subsection 12-60(b)(2)(i).
LOAN: The undertaking of a financial obligation of the City by an enterprise, or the undertaking of a financial obligation of an enterprise by the City, where the undertaking extends past the fiscal year. "Loan" does not include the undertaking of an obligation that extends past the fiscal year if the obligation is secured with adequate present cash reserves irrevocably pledged and held for all future payments.
PAYMENT: The transfer of assets or other benefits without equivalent consideration.
SUBSIDY: Providing funds or things of value for the purpose or with the knowing effect of augmenting the resources of another entity. (Ord. 10-27; Ord. 15-68)
A. This article applies to the City, all municipal enterprises, Colorado Springs Utilities, and MHS Enterprise.
B. Any relevant factors may be considered when administratively determining and valuing consideration to be paid for assets, services, and benefits, including direct billed services, shared services and the administrative proration of costs for assets, services, or benefits. Relevant factors may include taxes, fees, rates, and charges that an enterprise would be required to pay the City if the enterprise were a for profit business.
C. Issue 300 shall not be read to conflict with Charter subsection 3-10(e) or to prohibit the payment of fair compensation to the City Attorney, City Clerk, Chief Financial Officer, and City Auditor from being apportioned among the enterprises. When construed in accord with this article, Issue 300 does not conflict with Charter subsection 3-10(e).
D. Issue 300 shall not be read to conflict with Charter subsection 6-40(b) or to prohibit the appropriation of any remaining surplus of the net earnings of Colorado Springs Utilities to the general revenues of the City by City Council in its annual budget and appropriation ordinance. When construed in accord with this article, Issue 300 does not conflict with Charter subsection 6-40(b).
E. Issue 300 shall not be read to conflict with Charter subsection 7-30(c) or to prohibit City Council from apportioning its budget among the City's general fund, Colorado Springs Utilities, and MHS Enterprise based upon a reasonable allocation method as City Council may determine. When construed in accord with this article, Issue 300 does not conflict with Charter subsection 7-30(c).
F. Issue 300 shall not be read to conflict with Charter section 7-90 or to prohibit the City from establishing, or maintaining enterprise operations. When construed in accord with this article, Issue 300 does not conflict with Charter section 7-90.
G. Issue 300 shall not be read to conflict with Charter sections 13-80 and 13-90 or to prohibit the City Attorney and the City Attorney's Assistants from serving as the legal advisor to the City and the enterprises. When construed in accord with this article, Issue 300 does not conflict with Charter sections 13-80 and 13-90.
H. Issue 300 shall not be read to conflict with any other provision of the Charter as now exists or as may be amended in the future. (Ord. 10-27; Ord. 11-19; Ord. 15-68)
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