Colorado Code § 30-20-522

Board can issue bonds - form - legislative declaration
Open in Lexace · Ask the AI about this section
(1) To carry out
the purposes of this part 5, the board is hereby authorized to issue bonds of the district. Such
bonds shall bear interest at a rate such that the net effective interest rate of the issue of bonds
does not exceed the maximum net effective interest rate authorized, payable at such times as
determined by the board, and shall be due and payable in installments at such times as
determined by the board and extending not more than twenty years from date of issuance. The
form and terms of said bonds, including provisions for their sale, payment, and redemption, shall
be determined by the board. To the extent required by section 20 of article X of the Colorado
constitution, such bonds shall not be issued unless first approved at an election held for that
purpose in accordance with articles 1 to 13 of title 1, C.R.S. If the board so determines, such
bonds may be redeemable prior to maturity, with or without payment of a premium, but no
premium shall exceed three percent of the principal thereof. The bonds shall be executed in the
name of and on behalf of the district and signed by the presiding officer of the board with the
seal of the district affixed thereto and attested by the secretary of the board. Such bonds shall be
in such denominations as the board shall determine. Interest coupons, if any, shall bear the
original or facsimile signature of the presiding officer of the board. Under no circumstances shall
any of said bonds be considered or held to be an indebtedness, obligation, or liability of the
counties or municipalities in which the district or any portion thereof is located, and bonds
issued pursuant to the provisions of this part 5 shall contain a statement to that effect.
(2) The general assembly finds and declares that:
(a) In performing its duties under section 20 of article X and section 6 of article XI of the
Colorado constitution, the general assembly must balance the interests of controlling public debt,
preserving local control, and reasonably restraining most of the growth of government;
(b) In balancing these constitutional interests through the exercise of its legislative
authority, the general assembly has enacted limitations on the ability of county public
improvement districts to incur indebtedness;
(c) A statutory restriction has been imposed on the amount of bonded indebtedness that
county public improvement districts can incur with voter approval;
(d) From time to time, changes to such limitations imposed on county public
improvement districts are necessary in order to keep these constitutional interests properly
balanced in light of changing circumstances;
(e) Section 20 (1) of article X of the Colorado constitution prohibits the weakening of
"other limits on district revenue, spending, and debt" without future voter approval;
(f) No change in county public improvement district debt occurs by virtue of statutory
changes that increase a limit when the debt would not actually increase without such district
voter approval;
(g) Any actual weakening of county public improvement district debt limitation occurs
only when such district voter approval is obtained under an increased limit; and
(h) By requiring voters to give approval at the county public improvement district level
for any weakening of a county public improvement district limit on debt, the voter approval
requirement of section 20 (1) of article X of the Colorado constitution is satisfied in a manner
achieving a reasonable result through legislative harmonization of constitutional provisions.

‹ Prev All Colorado sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.