The November ballot question on whether Fort Collins may get into the broadband business as a municipal utility will proceed as planned.

District Court Judge Thomas French on Monday issued a ruling that dismissed arguments offered by community activist Eric Sutherland in contesting the wording of the ballot question submitted to city voters.

French ruled the language approved by City Council for the Nov. 7 election properly follows state law and “there are no legal grounds to cause the submission clause to be rewritten.”

French’s decision could be appealed, but that would not stop the election from going forward, said City Attorney Carrie Daggett. The city’s ballot language will be certified to the Larimer County Clerk’s Office, which is coordinating the election.

Sutherland presented five grounds for contesting the ballot language, including that an additional comma was needed to clarify what a “yes” or “no” vote would mean.

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French ruled the sentence and the clause were not confusing as written and did not need additional punctuation.

The judge also dismissed Sutherland’s contention that the ballot language does not comply with various aspects of the Taxpayers' Bill of Rights, or TABOR, amendment to the state constitution.

If approved, the measure would amend the City Charter to allow but not require the City Council to establish a telecommunications utility to offer services such as high-speed internet. The utility would be a standalone entity or part of the city’s Light and Power Utility.

The utility would issue up to $150 million in revenue bonds to fund construction and operations of a fiber optic network. The bonds would be repaid through charges paid by customers, city officials say.

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French agreed with the city’s attorneys that the ballot issue was not subject to TABOR because it is not a tax issue. The intention behind the charter amendment is not to create debt but to authorize the council approve a new utility, French stated in his ruling.

The city’s utilities are operated as enterprises, or government-owned businesses, and do not require voter approval to issue debt.

During a Friday court hearing, Sutherland said he was proposing a “new theory of law” regarding TABOR. He also proposed revised ballot language that he claimed would meet the requirements of the law.

In his ruling, French stated he found no defects in the original ballot language.

Kevin Duggan is a Coloradoan senior reporter covering local government. Follow him on Twitter, @coloradoan_dugg, and on Facebook at Coloradoan Kevin Duggan.

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