Vote on the Ballot Issues!

City of Boulder voters see lots of dollars on the ballot this year: 6 ballot measures on taxes, 2 on debt limits, 1 on bond sales, and 2 others on non-financial topics. The two statewide ballot issues would affect public school funding – A 66 in the classroom and Prop AA in capital construction. The city measures focus on funding transportation and a municipal electric utility. Following passage of Amendment 64 last year, both the state and city have proposed taxes on recreational marijuana. There are no countywide ballot measures this year.

Each ballot issue has its own blog entry if you would like more information or you would like to make comments about the ballot issue. Please limit comments on this blog entry to general comments about the process or the election.

Please vote the whole ballot. In general, the further down the ballot you go, the more your vote counts! At the bottom of this blog entry are other ballot issue websites as well as a link to the County Clerk’s website


VOCABULARY

Amendment = Constitutional change
These can only be changed by a voter-approved constitutional amendment.

Proposition = Statutory change
These can be modified by the Colorado General Assembly.

Initiatives - denoted by numbers
Electors signed petitions to put these on the ballot.

Referenda - denoted by letters
The General Assembly or City Council put these on the ballot with a 2/3 supermajority vote or majority vote respectively.


STATE OF COLORADO BALLOT ISSUES

Amendment 66
Two-Tier Income Tax to Fund Public Education
Creates a two-tiered personal income tax with new funds going to preschool through grade 12 education.
yes

Proposition AA
State Marijuana Taxes
Imposes sales and excise taxes on recreational marijuana.
leaning yes


CITY OF BOULDER BALLOT ISSUES AND QUESTIONS

Ballot Issues -> New taxes
Ballot Questions -> Others

2A
Recreational Marijuana Tax
Imposes sales and excise taxes on recreational marijuana.
against

2B
Transportation Tax
Imposes a new 0.15% sales and use tax for 6 years to fund transportation.
leaning against

2C
Open Space and General Fund Tax
Continues a 0.33% sales and use tax, changing the revenue allocation from all for open space to 2/3 for open space for 16 years and from then on about 1/3 for open space in perpetuity. The remainder of the tax revenue would go into the general fund.
for

2D
Transportation and General Fund Tax
Continues a 0.15% sales and use tax, currently for open space, but reallocates revenue to transportation for 10 years and thereafter to the general fund through 2039.
leaning for

2E
Modify Process to Create a Municipal Electric Utility (Referendum)
Modifies the City Charter language approved by voters in 2011 as ballot measure 2C. See measure 210 below.
for

2F
Negotiated or Private Bond Sales
Allows the City of Boulder to negotiate bond sales rather than be limited to competitive, public bids.
leaning for

2G
Qualifications for Appointment to City Commissions
Allows people who are not city electors to serve on city commissions
leaning against

2H
Extend Moratorium on Oil and Gas Exploration
Extends moratorium on oil and gas exploration until early June 2018.
FOR

310
Modify Process to Create a Municipal Electric Utility (Initiative)
Modifies the City Charter language approved by voters in 2011 as ballot measure 2C. See measure 2E above.
AGAINST


GOVERNMENT SITES

Boulder County Clerk and Recorder – Elections Division
http://www.voteboulder.org
See a sample ballot, check your voter and ballot status, and learn about new registration and voting options. You may also contact the Elections Division at 303 413 7740.

Blue Book Online (Colorado Legislative Council)
http://www.colorado.gov/cs/Satellite/CGA-LegislativeCouncil/CLC/1200536134742
The real name of the Blue Book is the 2013 State Ballot Information Booklet. Available in English and Spanish.

City of Boulder 2013 Election webpage
https://bouldercolorado.gov/elections


MEDIA SITES

Boulder Weekly Election Guide 2013
http://www.boulderweekly.com/article-11846-election-guide-2013-full-list-of-boulder-weekly-endorsements.html

Daily Camera 2013 Voter Guide
http://www.dailycamera.com/local-election-news/ci_24301137/boulder-county-election-guide-candidates-ballot-issues

Denver Post Election 2013 webpage
http://www.denverpost.com/election2013


NON-PARTISAN SITES

League of Women Voters
LWV of Boulder County http://lwvbc.org/
LWV of Colorado (English and Spanish) http://www.lwvcolorado.org

Boulder Chamber of Commerce
http://boulderchamber.com/pages/2013ChamberEyeontheBallot/


CITIZEN SITE

Your Colorado Ballot Initiatives Reference
http://www.coloradoballot.net/


PARTISAN SITES

Libertarian Party of Boulder County
http://lpboulder.org/?page_id=200

Boulder County Republicans
http://bocogop.org/elections-2013/

Boulder County Democratic Party
http://bocodems.org/VotingInfo/BallotIssues2013.aspx

Amendment 66 – Two-Tier Income Tax to Fund Public Education

Amendment 66 proposes a two-tier, personal income tax with new revenue (~$950 million in the first fiscal year) deposited in a separate fund for preschool through grade 12 (P-12) public education. The current, flat income tax rate is 4.63% on federal taxable income. Starting in tax year 2014, the rate would return to the 1990s level of 5% for federal taxable income of $75,000 or less and rise to 5.9% on amounts over $75,000. The $75,000 amount may be adjusted annually to reflect inflation.

This amendment also repeals Amendment 23, placed on the ballot by petition and approved by voters in 2000 to guarantee public education funding increases at 1% above inflation for 10 years and thereafter to keep pace with inflation. Rather, Amendment 66 also requires that at least 43% of state income, sales and excise tax revenue, collected at existing tax rates, be allocated to public education. In the last 13 budget years, the average share spent on P-12 education has been 46%.

Senate Bill 13-213, passed by the General Assembly, proposes a new formula for state and local education funding contingent on voter approval of Amendment 66.

Recommendation: yes

A criticism of Prop 103 in 2011 was that it didn’t go far enough. Amendment 66 is much more ambitious creating a permanent change to income tax rates.

Amendment 23, an initiative to increase public education, has had its text reinterpreted in recent years, resulting in less money going to education than supporters expected. Some people are understandably suspicious that Amendment 66 could also be subject to a future reinterpretation of funding formulas. Another argument stated against Amendment 66, particularly for Boulder, is that Boulder taxpayers will pay more money out than their (relatively wealthy) school district will receive. Finally, some education supporters oppose this measure because they don’t like the 2010 Senate Bill 191 education reforms on testing and teacher accountability that will get funded.

Meanwhile, in May the Colorado Supreme Court ruled 4-2 in Lobato vs State of Colorado that the state’s education funding system is “thorough and uniform” and that the state is not required to spend more on K-12 public education.

As one who doesn't like dedicated taxes, I can tolerate this one because public education is a major expense for state government. By considering the 43% as a minimum for education funding, having a strict limit seems more tolerable. There is always the risk that money may be spent unwisely, SB13-213 has some recordkeeping requirements to improve transparency.


Website for the Yes side (Colorado Commits to Kids)
http://coloradocommits.com/

Website for the No side (Coloradans for Real Education Reform)
http://www.coforrealedreform.com/


Amendment 66 (CONSTITUTIONAL) (Approved Ballot Language)

SHALL STATE TAXES BE INCREASED BY $950,100,000 ANNUALLY IN THE FIRST FULL FISCAL YEAR AND BY SUCH AMOUNTS AS ARE RAISED THEREAFTER BY AMENDMENTS TO THE COLORADO CONSTITUTION AND THE COLORADO REVISED STATUTES CONCERNING FUNDING FOR PRESCHOOL THROUGH TWELFTH-GRADE PUBLIC EDUCATION, AND, IN CONNECTION THEREWITH, INCREASING THE CURRENT STATE INCOME TAX RATE ON INDIVIDUALS, ESTATES, AND TRUSTS AND IMPOSING AN ADDITIONAL RATE SO HIGHER AMOUNTS OF INCOME ARE TAXED AT HIGHER RATES; REQUIRING THE RESULTING INCREASES IN TAX REVENUES BE SPENT ONLY FOR IMPROVEMENTS TO PRESCHOOL THROUGH TWELFTH-GRADE PUBLIC EDUCATION; ALLOWING ALL TAX REVENUES ATTRIBUTABLE TO THIS MEASURE TO BE COLLECTED AND SPENT WITHOUT FUTURE VOTER APPROVAL; REQUIRING AT LEAST 43% OF STATE SALES, EXCISE, AND INCOME TAX REVENUES BE DEPOSITED IN THE STATE EDUCATION FUND; AND REPEALING CERTAIN EXISTING PUBLIC EDUCATION FUNDING REQUIREMENTS?
- YES/FOR
- NO/AGAINST

Proposition AA – State Marijuana Taxes

Amendment 64, which changed the state constitution to permit a recreational marijuana industry, also directed the state legislature to enact an excise tax up to 15% with the first $40 million in annual revenue going to public school construction. The Colorado General Assembly has referred a proposed 15% excise tax on marijuana sold by a cultivation facility as well as a 10% sales tax on retail recreational marijuana to fund regulation of marijuana. The excise tax is not expected to garner $40 million for at least 2 years, but the cost of the tax would be passed on to the retail costumer through a higher sale price. The 10% sales tax is in addition to current state and local sales taxes on retail purchases - 8.21% in the city of Boulder.

Cities and counties which allow retail marijuana sales will receive 15% of the revenue from the 10% sales tax. If approved, Prop AA would allow the General Assembly to increase the sales tax up to 15% without a further vote of the electorate. At a later date, the General Assembly may seek voter approval of a higher excise tax effective in 2017.

Regulation costs of recreational marijuana include funding the Marijuana Enforcement Division which oversees testing, tracking and labeling of marijuana. Added costs for health, education and public safety are also cited by proponents of the sales tax.

Recommendation: leaning yes

Although I don’t favor raising money for public school construction from marijuana tax money and there are still issues with marijuana sales being illegal under federal law, if the good citizens of Colorado want to impose big taxes on marijuana, so be it. Opponents say that the high taxes will drive people to a black market, defeating the financial purpose of legalizing marijuana.

The Campaign to Regulate Marijuana Like Alcohol supported Amendment 64, but alcohol doesn’t have a similar special sales tax as proposed in this ballot issue. On the other hand, the state sales tax on cigarettes is 4.2 cents per cigarette.


Website for the Yes side (Committee for Responsible Regulation)
http://www.yesonpropaa.com

Website for the No side (No on Prop AA Campaign)
http://www.NoOverTaxation.org – It seems the site has gone offline.
http://www.colorado420.com/ (Colorado 420 Coalition)


Proposition AA (STATUTORY) Approved Ballot Language

SHALL STATE TAXES BE INCREASED BY $70,000,000 ANNUALLY IN THE FIRST FULL FISCAL YEAR AND BY SUCH AMOUNTS AS ARE RAISED ANNUALLY THEREAFTER BY IMPOSING AN EXCISE TAX OF 15% WHEN UNPROCESSED RETAIL MARIJUANA IS FIRST SOLD OR TRANSFERRED BY A RETAIL MARIJUANA CULTIVATION FACILITY WITH THE FIRST $40,000,000 OF TAX REVENUES BEING USED FOR PUBLIC SCHOOL CAPITAL CONSTRUCTION AS REQUIRED BY THE STATE CONSTITUTION, AND BY IMPOSING AN ADDITIONAL SALES TAX OF 10% ON THE SALE OF RETAIL MARIJUANA AND RETAIL MARIJUANA PRODUCTS WITH THE TAX REVENUES BEING USED TO FUND THE ENFORCEMENT OF REGULATIONS ON THE RETAIL MARIJUANA INDUSTRY AND OTHER COSTS RELATED TO THE IMPLEMENTATION OF THE USE AND REGULATION OF THE RETAIL MARIJUANA AS APPROVED BY THE VOTERS, WITH THE RATE OF EITHER OR BOTH TAXES BEING ALLOWED TO BE DECREASED OR INCREASED WITHOUT FURTHER VOTER APPROVAL SO LONG AS THE RATE OF EITHER TAX DOES NOT EXCEED 15%, AND WITH THE RESULTING TAX REVENUE BEING ALLOWED TO BE COLLECTED AND SPENT NOTWITHSTANDING ANY LIMITATIONS PROVIDED BY LAW?
- YES/FOR
- NO/AGAINST

City of Boulder 2A - Recreational Marijuana Tax

Just as the state is proposing excise and sales taxes, the city would like to cash in on recreational marijuana sales also. In 2014 this ballot issue would impose an excise tax of 5% and a sales tax of 3.5%. It would also permit City Council to increase each tax up to 10% in future years without voter approval.

As with the sales tax, this sales tax would be in addition to the current sales tax on retail sales. Revenue generated from these taxes would go into the general fund although the stated purpose of the added revenue would be to pay administrative expenses and fund substance abuse programs associated with retail marijuana.

Recommendation: against

Under Prop AA, the city would be entitled to a share of the state sales tax while still getting its regular sales tax on recreational marijuana sales. The state would also pick up much of the regulation cost. If the city didn’t want to be greedy, perhaps it should have conditioned this measure taking effect on the state measure failing to garner a majority.


Registered Issue Committee for the For side (Committee to Regulate Responsibly)
No known website

No known Issue Committee or website for the Against side


CITY OF BOULDER BALLOT ISSUE NO. 2A (Approved Ballot Language)
RECREATIONAL MARIJUANA TAX

SHALL CITY OF BOULDER TAXES BE INCREASED BY ($3,360,000 FIRST FULL FISCAL YEAR DOLLAR INCREASE) ANNUALLY AND BY SUCH AMOUNTS AS ARE RAISED ANNUALLY THEREAFTER BY THE IMPOSITION OF AN EXCISE TAX OF 5 PERCENT IN 2014 AND UP TO 10 PERCENT THEREAFTER ON THE CULTIVATION FACILITY AT THE AVERAGE MARKET RATE AT THE POINT OF TRANSFER FROM THE CULTIVATION FACILITY AND AN ADDITIONAL SALES AND USE TAX OF 3.5 PERCENT IN 2014 AND UP TO 10 PERCENT THEREAFTER ON RECREATIONAL MARIJUANA AS PROVIDED IN ORDINANCE NO. 7916 COMMENCING JANUARY 1, 2014 WITH SUFFICIENT REVENUES FROM THE EXCISE AND SALES AND USE TAX TO BE USED FOR PUBLIC SAFETY, ENFORCEMENT AND ADMINISTRATIVE PURPOSES AND FOR COMPREHENSIVE SUBSTANCE ABUSE PROGRAMS INCLUDING WITHOUT LIMITATION PREVENTION, TREATMENT, EDUCATION, RESPONSIBLE USE, INTERVENTION, AND MONITORING, WITH AN EMPHASIS ON YOUTH, AND WITH THE REMAINDER USED BY THE GENERAL FUND; AND IN CONNECTION THEREWITH, SHALL THE FULL PROCEEDS OF SUCH TAXES AT SUCH RATES AND ANY EARNINGS THEREON BE COLLECTED, RETAINED, AND SPENT, AS A VOTER-APPROVED REVENUE CHANGE WITHOUT LIMITATION OR CONDITION, AND WITHOUT LIMITING THE COLLECTION, RETENTION, OR SPENDING OF ANY OTHER REVENUES OR FUNDS BY THE CITY OF BOULDER UNDER ARTICLE X SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW?
- FOR THE MEASURE
- AGAINST THE MEASURE


See Ordinance 7916 to refer 2A to the voters.
https://www-static.bouldercolorado.gov/docs/Ordinance_7916_Recreational_Marijuana-1-201308271402.pdf

City of Boulder 2B - Transportation Tax

This ballot measure would impose a new 0.15% sales and use tax for 6 years to fund transportation projects. If both 2B and 2D pass, the 0.15% tax revenue would continue through 2029. The City of Boulder has a long list of deferred transportation projects.

Recommendation: leaning against

Fixing potholes should be a core city service and, in line with the 2008 Blue Ribbon Commission report, should be paid for out of general fund monies. We have had a dedicated 0.6% sales and use tax for transportation since 1967, but we shouldn’t create more dedicated taxes nor float 20-year bonds (like ballot issue 2A in 2011) to fund short-term transportation projects.

The city staff and elected officials have felt for some time that transportation is underfunded. The voters renewed sales taxes in 2008 and 2009 while ending earmarking of the revenues. In 2010 they approved an increase in the accommodations tax, also adding to the general fund. Did any of that money go to transportation? If not, what was deemed more important? Perhaps the city should better justify this request for a new tax.

Boulder has a large and complex transportation system with residents and visitors using many modes of transportation. Not surprisingly, there is disagreement on whether current transportation dollars are being well spent. The city’s Transportation Master Plan (TMP) is being updated this year and will look out to 2035. The TMP will no doubt reconsider future projects if 2B (and 2D) don’t pass. Even if only 2C passes, there will eventually be freed-up money in the general fund that could go to transportation.

Sales taxes hit poor people the hardest. Some people have argued that the city should raise transportation funds from drivers, perhaps by increasing parking fees or from their employers through an in-commuter head tax. Originally a Transportation Maintenance Fee was considered, partly because it is deemed more stable, but CU, the federal labs and the school district would have been subject to it and probably would have opposed the ballot measure.


Website for the For side (Moving Boulder Forward)
http://movingboulderforward.org/

Website for the Against side
No known website. Info on opposition website is appreciated.


CITY OF BOULDER BALLOT ISSUE NO. 2B (Approved Ballot Language)
SALES AND USE TAX

SHALL CITY OF BOULDER TAXES BE INCREASED ($4,482,200 FIRST FULL FISCAL YEAR DOLLAR INCREASE ANNUALLY) BY INCREASING THE SALES AND USE TAX BY 0.15 CENTS FOR THE PERIOD OF JANUARY 1, 2014 TO DECEMBER 31, 2019 WITH ALL OF THE REVENUES COLLECTED USED TO FUND TRANSPORTATION CONSTRUCTION AND SERVICES SUCH AS MAINTENANCE OF PAVEMENT, CONSTRUCTION OF TRANSPORTATION INFRASTRUCTURE, TRANSIT SERVICE AND OTHER TRANSPORTATION PURPOSES? AND IN CONNECTION THEREWITH, SHALL THE FULL PROCEEDS OF SUCH TAX AT SUCH RATE AND ANY EARNINGS THEREON BE COLLECTED, RETAINED, AND SPENT, AS A VOTER-APPROVED REVENUE CHANGE WITHOUT LIMITATION OR CONDITION, AND WITHOUT LIMITING THE COLLECTION, RETENTION, OR SPENDING OF ANY OTHER REVENUES OR FUNDS BY THE CITY OF BOULDER UNDER ARTICLE X SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW?
- FOR THE MEASURE
- AGAINST THE MEASURE


See Ordinance 7913 to refer 2B to the voters.
https://www-static.bouldercolorado.gov/docs/Ordinance_7913_0.15_new_tax_for_transportation-1-201308271403.pdf

Transportation Maintenance Fee FAQ (on the city website)
https://bouldercolorado.gov/transportation/transportation-maintenance-fee-faq

Transportation Master Plan – 2013 update process
https://bouldercolorado.gov/transportation/tmp

City of Boulder 2C - Open Space and General Fund Tax

Boulder voters love “open space” and in 1967 became the first community in the nation to tax itself to acquire and preserve open space. The original sales and use tax dedicated to open space has been increased twice:
1967: 0.40%
1990: 0.73% (additional 0.33%)
2004: 0.88% (additional 0.15%)
Parks and Rec, a different, but somewhat related, department, has also had separate dedicated sales taxes over the years.

Currently, the 0.33% sales tax is set to expire at the end of 2018. (See ballot issue 2D regarding the 0.15% sales tax which is set to expire at the end of 2019.) If this ballot measure is approved, the 0.33% sales tax would never expire, but would be reallocated for 16 years so that 2/3 of it goes for open space and 1/3 to the general fund. Thereafter, the ratio would essentially flip with 0.10% going for open space and the remaining 0.23% going into the general fund.

Recommendation: for

Each department in the city has a Master Plan with 3 levels of planning depending on funding available: a Fiscally Constrained Plan for a minimum amount of funding, an Action Plan requiring a higher level of funding and a Vision Plan including the most ambitious ideas. With a successful extension of the 0.33% and 0.15% sales taxes, the Open Space Department would have hopes of attaining its Vision Plan while most city departments are operating under a Fiscally Constrained Plan. Let’s get the city’s budget better balanced and then go back to the voters to ask for more open space revenue if we still want it.


Website for the For side (Moving Boulder Forward)
http://movingboulderforward.org/

Website for the Against side
No known website. Info on opposition website is appreciated.


City of Boulder Ballot Question 2C (Approved Ballot Language)
Sales and Use Tax Extension

Without raising additional taxes, shall the existing 0.33 cent City sales and use tax for the acquisition and preservation of open space land, approved by the voters by Ordinance No. 5222, be extended beyond the current expiration date of December 31, 2018; and beginning January 1, 2019 designating 0.22 cent of every dollar taxed to fund the acquisition and preservation of open space land; 0.11 cent of every dollar taxed to fund services such as fire, police, libraries, parks, recreation, human services and other general fund purposes; and beginning January 1, 2035 designating 0.10 cent of every dollar taxed to fund the acquisition and preservation of open space land; and 0.23 cent of every dollar taxed to fund services such as fire, police, libraries, parks, recreation, human services and other general fund purposes as a voter approved revenue change?
- For the measure
- Against the measure


See Ordinance 7912 to refer 2C to the voters.
https://www-static.bouldercolorado.gov/docs/Ordinance_7912_0.33_sales_tax_for_open_space_and_general_government-1-201308271450.pdf

City of Boulder 2D - Transportation and General Fund Tax

Ballot measures 2B, 2C and 2D were presented as a package by City Council. Measure 2B is a new 0.15% sales tax to fund transportation through the end of 2019. Measure 2D would continue through 2039 the 0.15% sales tax first collected in 2004 for open space, but beginning in 2020 it would fund only transportation. If both 2B and 2D pass, there will be a continuous 0.15% sales tax for transportation through 2029 at which time the sales tax revenue will go to the general fund where transportation will have to make a case for a share of it.

Recommendation: leaning for

I would prefer to see the renewed 0.15% sales tax go directly to the general fund instead of stopping for 10 years in the Transportation Dept. If transportation is so important and underfunded, then the city manager and City Council should be allocating more money for it from a bigger general fund instead of tying their hands with a dedicated tax. Starting in 2029, the city leaders will have to make those decisions or will be back asking the voters for more money.



Website for the For side (Moving Boulder Forward)
http://movingboulderforward.org

Website for the Against side
No known website. Info on opposition website is appreciated.


City of Boulder Ballot Question 2D (Approved Ballot Language)
Sales and Use Tax Extension

Without raising additional taxes, shall the existing 0.15 cent city sales and use tax approved by the voters by Ordinance No. 7301, be extended beyond the current expiration date of December 31, 2019 until December 31, 2039, with 100 percent of the revenues collected to fund transportation construction and services, such as maintenance of pavement, construction of transportation infrastructure, transit service and other transportation purposes until December 31, 2029 and beginning January 1, 2030, 100 percent of the revenues collected to fund services such as fire, police, libraries, parks, recreation, human services and other general fund purposes?
- For the measure
- Against the measure


See Ordinance 7922 to refer 2D to the voters.
https://www-static.bouldercolorado.gov/docs/Ordinance_7922_0.15_tax_for_transportation_and_general-1-201309061505.pdf

City of Boulder 2E - Modify Process to Create a Municipal Electric Utility (Referendum)

In 2011 voters in the city of Boulder narrowly approved 2C to pursue a municipal electric utility. Measure 310 was placed on the ballot this year via the petition process, and it would modify the process to create the utility. This referred measure, 2E, is in direct conflict with 310. If both measures pass, then whichever measure receives more votes will take effect.

Measure 2E limits debt related to acquisition costs to $214 million, while allowing stranded costs to be paid for either in the $214 million or through utility rates. It allows customers living outside of the city to serve on the utility advisory board which recommends rates to City Council who then makes the final determination on utility rates. It ensures that brokerage fees are competitive without specifying any numerical limits. It also specifically allows elections on utility issues to be held at any general municipal or special election.

Recommendation: for

The city attorney cautioned against putting this measure on the ballot saying that the ballot language about an additional debt limit could open the door to a lawsuit. Perhaps the best thing is for both this measure and 310 to fail so there is no change to the current situation. The proposed section about the utility advisory board is worthwhile though, in my opinion. The other issues are primarily in direct response to 310 and would otherwise be mostly unnecessary.

Please note that the proposed amendment to Charter section 185 has language that is different from the language in measure 2G.


Website for the For side (Empower Our Future)
http://empowerourfuture.org/

Website for the Against side (Voter Approval of Debt Limits)
http://voterapprovalofdebtlimits.com/


City of Boulder Ballot Question 2E (Approved Ballot Language)
Electric Utility Amendments, $214 million acquisition debt limit and superseding other initiatives

Shall the Boulder Home Rule Charter be amended pursuant to Ordinance No. 7920, to limit the portion of bonds or other obligations issued for the purpose of purchasing or otherwise acquiring the existing assets of the electric system and for paying stranded costs in one complete payment to an amount not-to-exceed $214 million, which amount may be increased annually by the Denver-Boulder-Greeley Consumer Price Index, and without limiting the authority of the utility to issue bonds or other obligations in any amount for all other lawful purposes in compliance with the Charter and other applicable laws, and without limiting the authority of the utility to pay stranded costs as a part of rates rather than as one complete payment; and limiting the underlying fees and other costs of issuance of the bonds to amounts paid by other similarly situated utilities; limiting the utility’s service area to an area supporting safe and reliable service to its customers; providing for elections at special or general elections; requiring the utility advisory board to advise the council on rate making; providing for customer choice for out of city customers; for out of city customers to be represented on the utility advisory board; and to provide that, if this ballot question receives more votes than all other initiatives which pertain to debt limitations or the adoption of a new Section 188 of the city Charter, then this measure shall become law and such other initiatives shall not be implemented?
- For the measure
- Against the measure


See Ordinance 7920 to refer 2E to the voters.
https://www-static.bouldercolorado.gov/docs/Ordinance_7920_Alternative_Ballot_Measure-1-201308271452.pdf

City of Boulder 2F - Negotiated or Private Bond Sales

The City Charter only allows the city to sell bonds using a competitive bid process. Measure 2F would allow for a private or negotiated bond sale with the city manager’s recommendation and City Council’s vote of approval.

Recommendation: leaning for

The issue of private bond sales has come to the fore now because a new municipal electric utility wouldn’t have a bond rating and could be subject to higher rates to compensate for the underwriters’ increased risk. In a private bond sale, Boulder could explain why the bonds would not be such a risky investment and could also have a preference to sell bonds to local investors. The concern with private, negotiated bond sales is the fear of corruption or influence known as “pay to play.” In the early 2000s Boulder County and BVSD were both pressured to move away from negotiated bond sales (Daily Camera, October 27, 2013). In the case of this ballot measure, the City Council vote to approve negotiated bonds would be subject to public scrutiny.


City of Boulder Ballot Question 2F (Approved Ballot Language)
Negotiated or Private Bond Sales

Shall Section 98, “Term of bonds - disposal of bonds” of the Charter of the City of Boulder be amended as described in Ordinance No. 7910 to give the City the option to sell bonds or other obligations by a negotiated or private sale when determined to be to the best advantage of the City?
- For the measure
- Against the measure


See Ordinance 7910 to refer 2E to the voters.
https://www-static.bouldercolorado.gov/docs/Ordinance_7910_Term_of_Bonds-1-201308271457.pdf

City of Boulder 2G - Qualifications for Appointment to City Commissions

This ballot measure removes the requirement that people serving on city commissions be electors while still requiring a residency requirement. It is an improvement over the similar 2008 measure because it provides consistency throughout the Charter when the city commission members’ qualifications are mentioned. However, this measure seems to be in conflict with this year’s 2E measure! The Human Relations Commission requested that City Council place this measure on the ballot.

Recommendation: leaning against

Concerns that I had in 2008 have not been addressed: What about commissions with quasi-judicial authority? What about commissioners swearing an oath to uphold the Constitution?

Currently, the only diversity requirement for most city commissions is gender balance. When putting this measure on the ballot, why wasn’t there a requirement that a majority of each commission be electors?

Under ballot measure 2E, municipal utility customers who live outside of the city may serve on the utility advisory board. Similarly other people, even electors, living outside of the city use city services and might like to serve on commissions, but are currently not allowed. Note that if both 2E and 2G pass, then there are two different proposed amendments to section 185 of the Charter.

FYI – The city has a Youth Opportunities Advisory Board with members ages 14 to 18 appointed by the city manager. Members of city commissions under consideration in this ballot measure are appointed by City Council.

Registered Issue Committee for the For side (Yes on 2G)
No known website

No known Issue Committee or website for the Against side

City of Boulder Ballot Question 2G (Approved Ballot Language)
Qualifications for Appointment to City Commissions

Shall section 130 of the Charter be amended pursuant to Ordinance No. 7914 to provide that city residents may be appointed to serve on city commissions even if they are not city electors, if they are at least eighteen years old and if they have resided in the city of Boulder for at least one year immediately prior to their appointment, and shall related changes be made to Charter sections 74, 157, 172 and 185 so that qualifications for service on the Planning Board, the Parks and Recreation Advisory Board, the Open Space Board of Trustees and the Electric Utilities Board be consistent in this respect?
- For the measure
- Against the measure


See Ordinance 7914 to refer 2G to the voters.
https://www-static.bouldercolorado.gov/docs/Ordinance_7914_Charter-1-201308271457.pdf

City of Boulder 2H - Extend Moratorium on Oil and Gas Exploration

This ballot measure would extend City Council’s 1-year moratorium on the city accepting and processing any permits that could result in oil and gas exploration. Voters are being asked to extend the moratorium until June of 2018. Ordinance 7907 noted several public health impact studies in process as well as litigation against communities which have banned fracking and asked the city manager to monitor progress of both. This ballot measure does allow that after June of 2016 City Council by a two-thirds majority may conclude that accepting and processing permits earlier than June of 2018 is warranted.

Recommendation: FOR

Since there are no operators with active wells in the city, this ballot measure has only a possible preventative effect. There is no immediate effect except perhaps as a statement of solidarity with other communities.




Website for the For side (Yes on 2H)
http://www.frackfreecolorado.com/boulder.htm

Facebook Page for the Against side (Boulder Citizens for Rational Energy Decisions)
https://www.facebook.com/BoulderCRED


City of Boulder Ballot Question 2H (Approved Language)
Oil and Gas Exploration Moratorium Extension

Shall Ordinance No. 7907 be amended to extend the current moratorium on new oil and gas exploration until June 3, 2018 and to set legal standards and the council voting requirements for lifting the moratorium amended pursuant to Ordinance No. 7915?
- For the measure
- Against the measure


See Ordinance 7915 to refer 2H to the voters.
https://www-static.bouldercolorado.gov/docs/Ordinance_7915_Fracking-1-201308271458.pdf

See Ordinance 7907 detailing the original moratorium on oil and gas exploration.
https://documents.bouldercolorado.gov/weblink8/0/doc/121284/Page1.aspx

City of Boulder 310 - Modify Process to Create a Municipal Electric Utility (Initiative)

This measure would place four constraints on the process of creating a municipal electric utility. It would require voters to approve the dollar amount of any debt that the utility wishes to undertake, would require out-of-city customers to be included in the debt votes, would limit elections to November in odd-numbered years, and would limit brokerage fees to 1% of bond sales.

This initiated measure, 310, is in direct conflict with 2e. If both measures pass, then whichever measure receives more votes will take effect.

Recommendation: AGAINST

The election dates and brokerage fee constraints are unneeded and some might say mean-spirited. The constraint requiring enfranchising out-of-city residents on debt votes is contrary to current election law. Much of the area in question could be annexed to the city under existing agreements, but neither the city nor the affected future customers are clamoring for annexation. Finally, the debt limit constraint is more severe than TABOR. With all the complaints that TABOR generates, why would we want to go further than TABOR?




Website for the For side (Voter Approval of Debt Limits)
http://voterapprovalofdebtlimits.com/

Website for the Against side (Empower Our Future)
http://empowerourfuture.org/


City of Boulder Ballot Question No. 310 (Approved Ballot Language)

Shall Article XIII of the Charter of the City of Boulder be amended by the addition of a new section 188 “Limitations on Debt,” that provides (a) before the electric utility enterprise issues any debt, voters must approve the amount of the utility’s debt limit and the total cost of debt repayment that the utility will incur, both to be stated in dollars in any ballot question; and (b) the utility’s service area shall not extend to areas outside the city limits unless registered electors in those areas are permitted to vote in these debt limit and repayment cost elections; and (c) such elections shall be held on the dates of general municipal elections; and (d) any brokerage fees for managing any sale of bonds or other indebtedness shall be limited to one percent of proceeds?
- For the measure
- Against the measure


See Ordinance 7919 to put 310 on the ballot after petition requirements were met.
https://www-static.bouldercolorado.gov/docs/7919_Initiated_Measure-1-201308301129.pdf