City Council Wants Water Board Subject to TABOR Limits

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City Council wants water board subject to TABOR limits Page 1 of 2 The Pueblo Chieftain Online Select file then print to print this article. Publish Date Thursday July 4th, 2002 City Council wants water board subject to TABOR limits By MARGIE WOOD The Pueblo Chieftain The fight between City Council and the Pueblo Board of Water Works heated up another notch on Wednesday, as the council gave notice it may try to pull the water works under state tax restrictions. In an offer to settle a lawsuit the water works filed against the city last fall, City Attorney Tom Jagger asked the board to agree that the city charter doesn't obligate the council to approve an ordinance that would "adversely affect the orderly growth and development of the city." The conflict stems from the Water Works' plan to lease surplus water to Pueblo West Metropolitan District. The Board of Water Works is an autonomous entity under the city charter, but it needed council's approval of an ordinance to provide water outside the city. Council rejected the ordinance last November, and the water board filed suit against the city. Early last month, council announced plans to submit a charter amendment requiring voter approval for sale of water outside the city limits. That was set for its second hearing before council Monday night, but it will be withdrawn whether or not the lawsuit is. settled, Jagger said Wednesday. If the suit isn't settled, council will substitute a different charter amendment package for the November ballot An additional element in that package would declare the water works subject to the Taxpayers' Bill of Rights. The second hearing on that proposal would be July 22. The Board of Water Works met Wednesday afternoon in an executive session to consider the settlement letter, and issued a statement that it was "disappointed with the latest correspondence coming out of City Hall." Board member Mike Stillman, who delivered the statement, said, "We feel this is a reckless manipulation of the Pueblo City Charter and is an apparent harassment of the water works - particularly, stripping the board of its status as an enterprise. We look forward to the opportunity for the public to voice their choice, whether they prefer an independent water board or City Hall running Pueblo's water utility." After the Taxpayers' Bill of Rights amendment to the state constitution was approved in 1992, the Water Works said it is an "enterprise" which sells water, not a taxing body which would be restricted by TABOR. To make sure of that, the city and water board cooperated in 1995 to amend the city charter to say the water board cannot impose taxes. Voters approved that amendment with very little fanfare. Council president Mike Occhiato said Wednesday that the prospect of a charter amendment subjecting the water works to TABOR "isn't a threat - it's just an issue that has come up several times." http: / /www. chieftain.com/ print /thursday /news/articles /nil.htm 7/7/2002 2'd 821809281L Ia1lsTW '3 PIo -aeH e2.17=60 20 80 Inr