City of Colorado Springs / City Clerk / City Elections / Archived Elections / 2007, April 3 / 2007 Issues / 2007 Factual Summary

2007 Factual Summary - April 3, 2007

Pursuant to the provisions under the Fair Campaign Practices Act, §1-45-117(b)(I),CRS:

"Nothing in this subsection (1) shall be construed as prohibiting an agency, department, board, division, bureau, commission, or council of the state, or any political subdivision thereof from expending public moneys or making contributions to dispense a factual summary, which shall include arguments both for and against the proposal, on any issue of official concern before the electorate in the jurisdiction. Such summary shall not contain a conclusion or opinion in favor of or against any particular issue. As used herein, an issue of official concern shall be limited to issues that will appear on an election ballot in the jurisdiction."

This Factual Summary, authorized by Resolution No. 36-07, adopted February 27, 2007 by City Council, is submitted to all registered voters within the city limits of Colorado Springs.

Election Official:

Kathryn M. Young, CMC, CERA
City Clerk

 

Mail Ballot Election Date: April 3, 2007

 

The City of Colorado Springs submits what it asserts are arguments for and against these proposals. The proposals are set out in their entirety; you should read them and decide for yourself.

CROSS-OUT INDICATES DELETION OF EXISTING TEXT, WHERE APPLICABLE

CAPITALIZATION INDICATES INSERTION OF NEW TEXT, WHERE APPLICABLE


Issue A - REMOVAL OF OBSOLETE REFERENCES TO THE CITY TREASURER

Ballot Title:

"Shall the Charter of the City of Colorado Springs be amended to remove all obsolete references to the City Treasurer?"

Ballot Text:

Article III, Section 3-10(d). Appointments.

(d) Appointments. The Council shall appoint by the concurring vote of a majority of its members a City Attorney, a City Clerk, a City Treasurer and a City Auditor, whose duties, compensation, and tenure of office shall be as prescribed by ordinance. The office of City Clerk and City Treasurer may be held by one person. All votes upon appointments to office shall be upon roll call and recorded.

Article VII, Section 7-90(c)(2)(v). The Taxpayer?s Bill of Rights - Election Provisions

(v) Two summaries, up to five hundred (500) words each, one (1) for and one (1) against the proposal, of written comments filed with the City Clerk Treasurer by thirty (30) days before the election. No summary shall mention names of person or private groups, nor any endorsements of or resolutions against the proposal. Representatives obeying these rules shall write this summary for their petition. The City Clerk shall maintain and accurately summarize all other written comments.

Article XIII, Section 13-10. Officers, Employees.

The Mayor and Councilmembers shall be the legislative officers of the City. The City Manager, City Attorney, City Clerk, City Treasurer, City Auditor, and all department heads appointed by the City Manager shall be the administrative officers of the City. All other persons employed by the City shall be City employees.

Arguments For:

  • The City Charter Advisory Committee recommended removal of the City Treasurer position from the Charter because the functions and duties of this position are being conducted by the Finance Director.
  • Makes the City Charter consistent with today?s City operation.

Arguments Against:

  • Removing provisions may diminish the historical character of the City Charter and make research more difficult.
  • City Council?s direct authority over the City Treasurer?s position will be transferred to the City Manager.

Issue B - TERM LIMITS FOR MAYOR

Ballot Title:

"Shall the Charter of the City of Colorado Springs be amended to provide for term limits for the office of Mayor to read as follows:

City Charter Article II, § 2-10(a)(2); Limitation of Terms for Mayor.

Limitation of Terms for Mayor. Commencing with the April 3, 2007 general municipal election, no person shall be elected to the office of Mayor for more than two (2) consecutive terms, except that any person who is elected to the office of Mayor for two years or less of a term to which some other person was elected Mayor, may be elected to the office of Mayor for two (2) additional consecutive terms of office. Any person who is elected to the office of Mayor for more than two years of a term to which some other person was elected Mayor may be elected to the office of Mayor for one (1) additional consecutive term. Persons holding the office of Mayor for two (2) consecutive terms may again be elected to the office of Mayor at the next general municipal election after termination of the consecutive terms?"

Ballot Text:

Article II, Section 2-10(a)(2). Limitation of Terms for Mayor.

(a) Elective Officers ? Terms ? Limitation of Terms for Mayor and Councilmembers

(2) Limitation of Terms for Mayor. Commencing with the April 2, 1991 3, 2007 general municipal election, no person shall be elected to the office of Mayor for more than two (2) consecutive terms, except that any person who is elected to the office of Mayor for TWO (2) YEARS OR less than two (2) years of a term to which some other person was elected Mayor, may be elected to the office of Mayor for two (2) additional consecutive terms of office. Any person who is elected to the office of Mayor for MORE THAN two (2) or more years of a term to which some other person was elected Mayor may be elected to the office of Mayor for one (1) additional consecutive term. Persons holding the office of Mayor for two (2) consecutive terms may again be elected to the office of Mayor at the next general municipal election after termination of the consecutive terms.

Arguments For:

  • The proposed City Charter change makes term limits for the office of Mayor consistent with the term limits for other Councilmembers and does not affect the term for the current presiding Mayor.

Arguments Against:

  • The current City Charter provision limits the overall term for the office of Mayor to no more than eight (8) years.

Issue C - STIPEND FOR MAYOR AND COUNCILMEMBERS

Ballot Title:

"Shall Article XIII, Section 13-20 of the Charter of the City of Colorado Springs, be amended, in part, to read: Stipend For Mayor and Councilmembers. The Mayor and Councilmembers shall receive an annual stipend of $12,000 payable pursuant to ordinance?"

Ballot Text:

Article XIII, Section13-20. Stipend for MAYOR AND Councilmembers.

THE MAYOR AND All Councilmembers shall receive an annual stipend of $6,250 $12,000 payable pursuant to ordinance. The City of Colorado Springs shall not provide City paid benefits to THE MAYOR AND Councilmembers other than those mandated by federal or state statute.

Arguments For:

  • The personal expense of holding public office may deter citizens from running for a City Council seat.
  • Increasing the stipend will cost each Colorado Springs resident approximately 13 cents a year, may attract a broader cross-section of qualified candidates and promotes economic and social diversity among the candidates.

Arguments Against:

  • The increased expense of the stipend could be used for other budgetary priorities.
  • Citizens are aware of the current $6,250 annual stipend and candidates continue to run for City Council seats.

Issue D - REMOVAL OF THE CITY MANAGER FROM MANAGEMENT RESPONSIBILITIES OVER MEMORIAL HEALTH SYSTEM

Ballot Title:

"Shall Ordinance Number 1856, passed by the voters in 1949, be amended solely to remove the responsibility of the City Manager to provide general supervision and control over the management of Memorial Health System?"

Ballot Text:

Subject to the general supervision and control of the City Council and the City Manager, the supervision of the management of Memorial Hospital shall be vested in said Board, and subject to such general supervision and control, it shall exercise complete control over the operation, expenditures, personnel and employee matters, betterments, improvements, repairs, equipment, fiscal and other policies of the hospital, and said Board generally shall be empowered and authorized to do all things, not in conflict with the City Charter, for the operation, maintenance and development of Memorial Hospital. The Board shall advise the City Manager and Council of the amount deemed necessary to be raised by tax levy for the hospital for the ensuing fiscal year. If a school of nursing is maintained in conjunction with Memorial Hospital, the Board shall have like powers in the management of said school of nursing.

Arguments For:

  • The initiated ordinance contains language that does not clearly identify the City Manager?s authority.
  • Memorial Health System will continue to be governed by the City Council, who will retain its general supervision and control of Memorial Health System, and City Council?s appointed Board of Trustees will retain their daily oversight responsibilities for Memorial Health System.
  • The initiated ordinance has been in existence for 58 years and there is no longer a need for the City Manager to have this management responsibility.

Arguments Against:

  • The current ordinance providing the City Manager with general supervision over Memorial Health System has not created any concerns in the past and provides a level of managerial authority.
  • Memorial Health System has served the community very well and has managed to flourish over the years with the existing language.
  • The current ordinance provides an external oversight of Memorial Health System that is independent of the Board and Executive Director.

Issue E - NONEXCLUSIVE FRANCHISE ? PORCHLIGHT COMMUNICATIONS, INC.

Ballot Title and Text:

"SHALL A NONEXCLUSIVE FRANCHISE BE GRANTED TO PANOPTIC, INC., DBA PORCHLIGHT COMMUNICATIONS, INC. ("PORCHLIGHT"), TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE TELEVISION SYSTEM AND TO PROVIDE CABLE TELEVISION SERVICES WITHIN THE CITY OF COLORADO SPRINGS ("CITY"), WHERE THE FRANCHISE PROVIDES THAT CASH GRANTS SHALL BE PAID TO THE CITY TO BE USED FOR EDUCATIONAL AND GOVERNMENTAL ACCESS AND FOR TELECOMMUNICATIONS AND INFORMATION TECHNOLOGY PROGRAMS, REQUIRES ADDITIONAL CHANNELS FOR EDUCATIONAL AND GOVERNMENTAL ACCESS, ESTABLISHES CUSTOMER SERVICE STANDARDS, ESTABLISHES CONSTRUCTION STANDARDS, REGULATES RATES AND CHARGES AS PERMITTED BY LAW, REQUIRES INSURANCE AND BONDS, IMPOSES OTHER REQUIREMENTS, HAS A TERM NOT TO EXCEED TEN (10) YEARS, AND IS APPROVED BY THE CITY COUNCIL; PROVIDED THAT ANY FUNDS PAID BY PORCHLIGHT TO THE CITY AS GRANTS UNDER THE FRANCHISE AGREEMENT BE EXEMPT FROM THE SPENDING AND REVENUE LIMITS OF THE TAXPAYER'S BILL OF RIGHTS, KNOWN AS "TABOR" (COLORADO CONSTITUTION ARTICLE X, SECTION 20 AND CITY CHARTER ARTICLE VII, SECTION 7-90)?"

Arguments For:

  • Porchlight Communications, Inc. will make a monthly grant to the City for use of public rights-of-way and is paying the election costs for this ballot question.
  • The franchise agreement brings competition to the local cable television market and does not preclude or eliminate future competition.
  • The franchise agreement requires Porchlight Communications, Inc. to provide a customer service office in Colorado Springs and to maintain the customer service standards established by the City.
  • Subscribers will not have new education and government channels to learn and remember.
  • Porchlight Communications, Inc. intends to use high capacity fiber-optic technology to connect customers to its network which will enhance performance and service to customers.

Arguments Against:

  • The franchise agreement does not require Porchlight Communications, Inc. to provide cable service city-wide and initially competition will only be in neighborhoods selected by Porchlight Communications, Inc.
  • Subscribers will pay $1.53 per month for Porchlight Communications, Inc. to have access to the city?s rights-of-way.
  • The franchise agreement is for 10 years. Changes in technology over that period could render the terms and conditions of the agreement obsolete.
  • Additional education and government channels will not be immediately available until certain programming thresholds on the current six (6) channels are reached.
  • The franchise agreement does not require the customer service standards to be any higher than the current standards.


The City of Colorado Springs submits what it asserts are arguments for and against these proposals. The proposals are set out in their entirety; you should read them and decide for yourself.