Colorado Code § 22-42-128

Effect of article X, section 20 on bonded indebtedness authorized prior to November 4, 1992
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(1) The general assembly hereby finds and declares that:
(a) Section 20 (4) of article X of the state constitution provides that, beginning on
November 4, 1992, school districts must have voter approval in advance for increases in bonded
indebtedness and property tax mill levies;
(b) A sizeable amount of bonded indebtedness had been authorized by school district
electors at elections held pursuant to section 22-42-102 prior to the adoption of section 20 of
article X;
(c) In approving the question of incurring bonded indebtedness, the voters acknowledged
that the board of education of the school district would annually certify the amount needed for its
bond redemption fund to make principal and interest payments on the bonds, that a property tax
would be levied annually to produce such certified amount, and that the property tax mill levy
would be raised or lowered annually to produce such certified amount;
(d) Once bonded indebtedness was incurred, the voters of the district, as well as the
bondholders, had a reasonable expectation that further voter approval would not be required;
(e) The purpose of section 20 (4) of article X is to allow the electors of school districts to
have a voice in bonded indebtedness increases and property tax mill levy increases;
(f) The purpose of section 20 (4) has already been fully satisfied because the question of
incurring bonded indebtedness, and the method for paying such indebtedness through an
adjustment to the property tax mill levy, has already been approved by the voters at elections
held prior to November 4, 1992; and
(g) The purpose of section 20 (4) would not be further satisfied by requiring voter
approval each time the mill levy needs to be adjusted to produce the revenue necessary to pay
school district bonded indebtedness authorized at elections held prior to November 4, 1992.
(2) Bonded indebtedness authorized at elections held pursuant to section 22-42-102 prior
to November 4, 1992, or the refunding of such bonded indebtedness, which involve a property
tax mill levy or a pledge of a property tax mill levy pursuant to section 22-42-118 to provide
revenues to the school district to make bonded indebtedness payments or to cover default or
deficiencies in bonded indebtedness payments, is not affected or impaired by the passage of
section 20 of article X of the state constitution.

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