THE CHARTER OF THE CITY OF COLORADO SPRINGS
HISTORICAL NOTE
On May 11, 1909 Colorado Springs electors, pursuant to the home rule provisions of Article XX of the State Constitution, adopted the Charter of the City of Colorado Springs. The original Charter created a commission form of government for the City. The legislative functions were vested in a City Council consisting of the Mayor and four at-large City Councilmembers. The Mayor was granted a salary of $3,600 per year, and each City Councilmember was granted a salary of $2,000 per year. The executive and administrative functions were vested in five departments: Water and Water Works; Finance; Public Safety; Public Works and Property; and Public Health and Sanitation. The Mayor was designated as Commissioner of the Department of Water and Water Works, and the City Council was required to designate one City Councilmember to be commissioner of each of the other departments. This latter provision was amended on April 1, 1913 to provide for the selection at general elections of City Councilmembers as commissioners.
The Charter provided that the Mayor was to be the Chief Executive Officer of the City. Upon the recommendation of the commissioner of the appropriate department, the Mayor appointed the heads of such departments and all other employees of the City. The Mayor was further empowered to suspend or remove any officer or employee in the public interest. The Charter allowed the Mayor to veto any or every item contained in appropriation ordinances, but such veto could be overridden by vote of four City Councilmembers (in effect, the entire City Council exclusive of the Mayor).
The Charter was substantially amended on July 6, 1920 to provide for a City Council-City Manager form of government in lieu of the previous commission form. The amended Charter provided for nine City Councilmembers to be elected at large for staggered six-year terms. City Council was required to elect biennially one of its members as president and another as vice-president. The president was required to preside at City Council meetings and had a voice and vote therein but no veto. He could use the title of Mayor but had little power except in times of public emergency. All members of City Council were required to serve without compensation.
Another 1920 amendment created the office of City Manager, who was to be employed by the City Council as the executive of the City. The City Manager was granted broad powers and duties, including the right to exercise the power and authority of the commissioner or head of any of the five departments originally created in 1909. Thus, the City Manager rather than individual City Councilmembers performed the functions of department commissioners as prescribed by the unamended portions of the Charter. The 1920 amendment also granted to discharged City Police and Fire Department employees the right to a hearing before the Civil Service Commission.
At a Special Election held on January 24, 1922, the Charter was amended to provide for the submission of the question of issuing bonds to a vote of the qualified taxpaying electors. However, in Pike v. School District No. 11 in El Paso County, 172 Colo. 413, 474 P.2d 162 (1970), the Colorado Supreme Court ruled that a state statute limiting the right to vote to taxpaying electors was unconstitutional. The Charter provision was therefore amended in 1977 to delete the requirement that an elector in bond issue elections must have paid a property tax within the City. See also, Karok v. City and County of Denver, 176 Colo. 406, 490 P.2d 936 (1971).
The Charter was amended again on April 5, 1927. This amendment expanded the election provisions of the Charter, and it included a provision for the registration of electors for municipal elections at the office of the City Clerk.
The Department of Utilities was created by an amendment to the Charter approved by Colorado Springs voters on April 4, 1939. The amendment provided for the manner of handling the funds and accounts of that department. On April 1, 1947 the Charter was amended to replace the Park Commission with a Department of Parks and Recreation, to be subject to the control of City Council. An amendment allowing the formation of a combined City-County Health Department was approved on April 5, 1949. On April 3, 1951 a definition of "taxpaying electors" and "city taxes" was added, and on April 5, 1959 a provision defining the terms "qualified electors" was inserted. Amendments to the Charter which were approved on April 4, 1961 included an expansion to the provisions concerning the vacancy of the offices of elected officials; a provision allowing the City to take up the last one-fifth of public improvement district bonds; and a section allowing the 1947 Public Library Law to govern public libraries in Colorado Springs. On April 12, 1963 the Charter was again amended to allow City Council to prescribe the method for registration of electors and authorizing the use of voting machines. The limitation on the City's indebtedness was increased from three percent to ten percent on April 6, 1965. The Charter was further amended on April 4, 1967 to allow recreational use of a portion of the City's Northfield and North Slope watersheds.
In April 1969 Colorado Springs electors approved two amendments to the Charter relating to the election of City Councilmembers. First, the term of City Councilmembers was reduced from six years to four years. Secondly, provision was made for the election of four district City Councilmembers and five at-large City Councilmembers, thereby eliminating the former section which provided that all nine were to be elected at large.
On April 1, 1975 the Charter was amended to provide for the popular election of the Mayor. Thus, City Council would consist of four at-large City Councilmembers, four district City Councilmembers, and a popularly elected Mayor. Another amendment adopted in 1975 expanded the vacancy and forfeiture provisions relating to the offices of Mayor, vice-Mayor and City Councilmembers. Also, a section was added to the Charter providing for the City's joint cooperation with other governmental units and for its participation with the private sector in the development of energy or water resources.
On April 5, 1977 the Charter was amended by adding a so-called "safe-seat" provision which required any elected officer running for an elective City office, other than that currently held by him or her, to give a notice of intent to so run at least sixty days prior to the next election. Once the notice of intent is given and not withdrawn at least sixty-one days prior to the election, the office currently held is automatically vacated on the third Tuesday in April following the election.
In this same election, the five administrative departments originally created by the 1909 Charter were abolished, providing instead that City Council by ordinance may establish departments, divisions, offices or agencies and prescribe the functions thereof, other than those already provided for in the Charter. Another amendment abolished the Police Court and created a Municipal Court, its practice and procedure set forth by Colorado law, Colorado Supreme Court rules and City ordinances.
On April 3, 1979 several amendments to the Charter were approved by Colorado Springs electors. Included was a substantial revision of the Charter's election provisions. Sections relating to registration, form of ballots and the like were deleted, and a provision was substituted enabling City Council to regulate these matters by ordinance. Former Section 85(f), which defined a "qualified elector" as an elector qualified to vote in the City and registered to vote, was deleted. A Colorado Supreme Court decision held that requiring registration as a prerequisite to qualification as an elector was unconstitutional. See Francis v. Rogers, 182 Colo. 430, 514 P.2d 311 (1973). See also, Valdez v. Election Commission of City and County of Denver, 184 Colo. 384, 521 P.2d 165 (1974); Benson v. Election Commission, 62 Colo. 206, 161 P. 295 (1916).
Another 1979 amendment to the Charter completely revised the recall, initiative and referendum provisions so as to ensure their compliance with Articles V and XXI of the Colorado Constitution. A Colorado Supreme Court decision had held that the delegation to municipalities of the power to regulate recall elections under Colo. Const. Art. XXI, sect. 4, was limited to procedural matters and substantive provisions not in conflict with the State Constitution. Bernzen v. City of Boulder, 186 Colo. 81, 525 P.2d 416 (1974). See also, Shroyer v. Sokol, 191 Colo. 32, 550 P.2d 309 (1976). The 1979 revision to the recall, initiative and referendum provisions was therefore an attempt to comply with applicable provisions of the State Constitution pursuant to the dictates of the Colorado Supreme Court.
The 1979 amendment also added Section 145(a) providing for the removal of striking City employees and requiring all City employees to make an oath declaring that they will not participate in any manner in a strike against the City. In September 1979, a strike of City employees did occur and because of very strict interpretations placed upon Section 145(a) by an unsympathetic court, it was found as a practical matter that Section 145(a) in its original version was unenforceable. The section was further amended by Colorado Springs electors on February 19, 1980, eliminating most of the procedural requirements used by the court to hamper the City in its efforts to deal with the striking employees.
Another 1980 amendment adopted by the electors provided that division of the City into election districts shall take place at least 120 and not more than 150 days before any City election at which district City Councilmembers are to be elected. The previous Charter provision had required such districting to take place within 120 days after receipt of the United States decennial census for the City.
In the April 1985 Election, eleven proposed amendments to the Charter were considered. Four amendments were passed, including the granting of a fifteen-year non-exclusive franchise to Citizens Cable. Among the defeated proposals were amendments to allow City Council to issue water bonds without voter approval; to lease City property to other governmental entities for up to a 99-year term, or to issue sales and use tax bonds solely for capital improvements; a proposal limiting to 90 days the time in which to file petitions for initiated ordinances; and an amendment establishing salaries for Mayor and City Councilmembers. Later that same year, in August, the leasing proposal was again defeated. Two other proposed amendments were passed in this second Election of 1985, giving the City Clerk thirty days to count signatures in recall, referendum and initiative petitions, and requiring petitions for initiated ordinances to be filed within 180 days of issuance by the Clerk.
Until 1987, Section 4 of the Charter established a five-year residency requirement for Mayoral and City Councilmember candidates. This five-year requirement was declared unconstitutional. See Bird v. City of Colorado Springs, 181 Colo. 141, 506 P.2d 1099 (1973). The state's Municipal Election Code provides a one-year (12 consecutive months) residency requirement, which the Supreme Court upheld in Cowan v. City of Aspen, 181 Colo. 386, 509 P.2d 1269 (1973). As a home rule city, Colorado Springs' own Charter would normally overrule the state provision; however, as the City's five-year requirement had been invalidated by the court, the state's one-year requirement arguably applied to candidates for municipal office in Colorado Springs. In spite of this, electors turned down proposed amendments in 1977 and 1985 which would have reduced the residency requirement to one year. Finally, in 1987 electors brought the Charter into conformity with the court's view and the state statute by approving an amendment establishing the one-year residency requirement for Mayoral and City Councilmember candidates.
In addition to the reduction in the residency requirements just discussed, the 1987 Election amended the Charter by providing a method for filling a vacancy in the office of Mayor. Electors also approved an amendment which terminated the Surplus-Deficiency Fund for improvement district bonds pursuant to the Federal Tax Reform Act of 1986 and an amendment which allowed leasing of City property by City Council to other governmental entities for up to 99 years -- excepting park property. Once again, salaries for Mayor and City Councilmembers were turned down.
In 1989 electors considered three proposed amendments to the Charter. Approved were provisions for filling City Councilmember vacancies and for publishing ordinances in newspapers of either general or limited circulation. A proposal to allow City Council to grant franchises without voter approval was again defeated.
In April 1991 City voters were faced with five Charter amendment proposals, all of which passed. Two were "housekeeping" matters, making all references to City Councilmembers gender-neutral and amending references to the Department of Utilities to simply "Utilities." The other three amendments, however, generated some controversy. One amendment limited the Mayor and City Councilmembers to two consecutive terms. The other two amendments limited taxation powers of the City: Amendment 3 required voter approval in advance for any new tax, rate increase, higher mill levy, tax extension, or termination of tax exemptions, or any change in the City's tax policy that would result in a net gain to the City in revenue, and further, it limited fiscal year spending according to a prescribed formula; Amendment 4 limited the general City property tax to 7 mills in 1991 and phased out sales and use taxes on utility and telecommunications services, and phased out the 5% capital improvement sales and use tax beginning in 1993, and further limited the sales and use tax rate to 2% unless raised by voters or by a declared emergency.
Voters were faced with eleven ballot questions in the April 1993 Election. Only two measures were defeated, one to maintain the City's sales tax at .5% for capital improvements, and the other to pay the Mayor and City Councilmembers an annual salary. Among the significant measures passed were an annual goals-setting session for City Council; a limitation on special district debt; a requirement that circulators of city recall, initiative and referendum petitions be registered electors of the City; and an open meetings law that meets state requirements. Voters also changed the number of City Councilmember votes, from two-thirds to a majority, needed to remove the City Manager, and added a new section to the Charter making the Utilities Director an appointee of City Council instead of an employee selected and managed by the City Manager.
The April 1995 Election proposed six Charter issues, four of which were approved. One amendment provided that every legislative and administrative officer of the City and all other employees required by law shall be required to take an oath or affirmation to support the Constitution of the United States, Constitution of the State of Colorado, and the City of Colorado Springs Charter. An annual stipend of $6,250 was approved for City Councilmembers. The Manager of Utilities was authorized to designate the utilities departments with the approval of City Council, and provisions were made that City Council shall not sell, convey or lease all or any substantial part of the property of Utilities without an affirmative vote of the electors, excepting those transactions that occur in the ordinary course of business.
The April 1997 Election proposed one Charter issue, which voters approved. The amendment gave the Civil Service Commission the authority to classify employment in the Police and Fire Departments and to determine selection processes as to fitness and eligibility of candidates for employment.
In the Coordinated Election of November 2, 1999, Colorado Springs voters considered three Charter amendment proposals. The first sought to amend section 7-90(c)(2) to provide that the local TABOR election notices have the same form and substance as the state constitutional TABOR provisions. The second proposed to amend Charter section 12-30(b) by requiring that petition circulators be City residents and by deleting the requirement that they be registered voters. Finally, the third proposal would have changed the title of Charter section 14-40 from "Continuation" to "Discharges or Reduction in Grade" and would have provided that appeal hearings held by the City's Civil Service Commission be limited to an examination of the administrative hearing record below and oral argument, in lieu of de novo review. All three measures were defeated by sizable margins.
The General Municipal Election held on November 7, 2000 presented three local referendum issues to city voters: (1) whether Adelphia Cable Communications should receive a nonexclusive cable television franchise for at least 10 years but not more than 15; (2) whether Wideopenwest Colorado should receive a similar franchise; and (3) whether the revenues generated for the City from these franchise agreements be exempt from TABOR fiscal year spending limitations. The vote was to approve both franchises but to keep franchise revenues subject to TABOR provisions in the Charter.
In the April 3, 2001 Municipal Election, one major and fairly controversial measure (but not a Charter issue) faced voters. Known as "SCIP '01," the referendum asked voters to approve a 9% sales and use tax to fund certain enumerated capital improvements City-wide, including street construction and maintenance, traffic improvements, drainage, and recreation facilities, as well as public safety personnel, equipment and operational needs. The measure failed.
Of seven questions before voters in the following November 6, 2001 Election, only one involved the Charter. That proposed amendment sought to align the mailing of notices for City TABOR elections with the state's constitutional provision, thus saving the City a significant amount of money and duplication of effort. The voters approved this measure, but voted down all but one of the remaining six issues before them, which sought funding for various capital improvement programs including transportation, stormwater, Platte/Chelton intersection improvements, police and fire, public works equipment and road maintenance, and parks and recreation projects. The measure known as B-4 for police and fire was the only one of these to pass.
In the Municipal Election of April 5, 2005, three of five Charter proposals passed. One measure prevents any planning, building, funding or financing of a convention center without prior voter approval. A second requires City Council to maintain a strategic plan prioritizing City goals and establishing measurable outcomes, including the comprehensive plan and a five-year capital improvements plan. This measure also requires an annual "State of the City" report to be made to citizens by the Mayor. The third requires the City budget to include City Council stipends and expenses, to declare the amount of money required to fund the budget, and to apportion the City budget among the general City, utilities and hospital funds based on a City Council-determined allocation methodology. The two Charter proposals rejected by voters included a pay raise for Mayor and City Councilmembers and an elimination of the 30-word limitation on tax and bonded-debt ballot titles.
The General Municipal Election of April 7, 2009, resulted in the passage of one Charter proposal which amended Article VII, Section 7-90(b)(5) of the Charter of the City of Colorado Springs as it related to the definition of "Enterprise". The measure amended the prior enterprise definition in the Charter to the same enterprise definition as provided by the Colorado Constitution. The amendment to the definition provided the enterprises of the City to apply for federal grants and federal funds.
The General Municipal Election held on November 2, 2010 proposed a substantial change from the City Council-Manager form of government that voters had instituted on July 6, 1920, to provide for a City Council-Mayor form of government. The amended Charter now provides for the election of a new fifth at-large City Councilmember so that City Council is comprised of five at-large members and four district members from whom the members shall elect a President of City Council. The positions of City Manager and Vice-Mayor have been eliminated. The new Mayor is now the chief executive and head of City government, is responsible for all executive and administrative affairs, works for the City full time, holds no other paid position, will develop the budget in line with the City's strategic plan, acts to approve or disapprove ordinances finally passed by the City Council with certain specified exceptions, may disapprove specific line items in any ordinance appropriating funds, and appoints, subject to confirmation by City Council, the City Clerk, City Attorney, Municipal Judges, Chief Financial Officer or Controller, Police Chief, Fire Chief and lead managers of Public Works, Parks, Community Development, and the Airport.
The voters passed Charter amendments at the General Municipal Election held on April 5, 2011 to change in the number of at-large City Councilmembers from three to six, to change the current number of election districts from four to six and Article IV was amended to authorize the Mayor to attend and be heard at any meeting of City Council.
The voters passed two Charter amendments at the General Municipal Election held April 7, 2015 to remove a requirement for the Mayor to sign Utility contracts, and to allow City Council direct oversight of its staff.
The voters passed one Charter amendment at the General Municipal Election held April 4, 2017, to require an affirmative vote of a super majority of sixty percent (60%) of the electors of the City voting upon that question to sell, convey or lease all or any part of the City's water system, wastewater system, electric light and power system, gas system or other such utility system designated by City Council.
The voters passed two Charter amendments at the November 3, 2020 Coordinated Election concerning the conveyance of City-owned parkland. To avoid conflicting language in the Charter, both questions contained a stipulation specifying that if both proposed Charter amendments were approved at the election, only the measure receiving the most affirmative votes would become effective. The Charter is now amended to add a new section 11-80 requiring that a voluntary conveyance of parkland which is included on the Parkland Designation List shall only be permitted with the approval of a majority of votes cast at a general or special election of the qualified electors of the City, following a referral of the question by a super-majority vote of not less than seven (7) members of the City Council, with the exception of those conveyances specifically exempted within section 11-80.
The voters passed a Charter amendment to Article VII, section 7-90(c)(2) at the April 6, 2021 General Municipal Election. The amendment eliminated the Charter requirement that a ballot title for a tax or bonded debt increase be limited to a maximum of thirty (30) words.
The foregoing is a review of major amendments to the Charter since its adoption in 1909. Reference should be made to the Charter itself in order to ascertain in detail its contents. In reviewing the Charter, it must be remembered that a Charter is the organic law of a home rule municipality, and extends to all its local and municipal matters. Colo. Const. Art. XX, sect. 6. Colorado Springs, as a home rule city, possesses every power of the Colorado state legislature as to local and municipal matters, unless restricted by the terms of its Charter. See, Service Oil Co. v. Rhodus, 179 Colo. 335, 500 P.2d 807 (1972); Veterans of Foreign Wars v. Steamboat Springs, 195 Colo. 44, 575 P.2d 835 (1978). Thus, the Charter of the City of Colorado Springs is not a grant of powers to the City; rather, it is a limitation on powers given the City under the home rule provisions of the State Constitution, as determined by the citizens of Colorado Springs.