Colorado Code § 32-15-107

Authorizing election
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(1) (a) For purposes of complying with the provisions
of section 20 (4) of article X of the state constitution and upon receipt of a notice from the
secretary of state stating that a valid petition has been filed and verified and the adoption of a
resolution by the board as set forth in section 32-15-106 (1)(f), the board may submit to the
registered electors within the geographical boundaries of the district, at the 1998 general
election, the question of whether the district shall be authorized:
(I) (A) To levy and collect, for a period commencing after the termination of the sales
tax levied and collected by the Denver metropolitan major league baseball stadium district
pursuant to section 32-14-105 and continuing for a period not to extend beyond January 1, 2012,
a uniform sales tax throughout the district at a rate not to exceed one-tenth of one percent upon
every transaction or other incident with respect to which a sales tax is levied by the state,
pursuant to the provisions of article 26 of title 39, C.R.S.; except that such sales tax shall be
levied on purchases of machinery or machine tools that are otherwise exempt pursuant to section
39-26-709 (1), C.R.S., to the extent that such purchases are subject to the sales tax levied by the
regional transportation district pursuant to section 29-2-105 (1)(d), C.R.S., to be held and
distributed pursuant to the provisions of section 32-15-111; and
(B) To levy and collect a tax upon admissions to a new stadium pursuant to section 32-
15-110.5 for a period not to extend beyond January 1, 2012, and at a rate not to exceed ten
percent upon every purchase of admission to such stadium, to be held and distributed pursuant to
the provisions of section 32-15-111; and
(II) To incur multiple-fiscal year financial obligations to be repaid from other multiple-
fiscal year financial obligations of the district or the revenues collected by the district, or both,
and to refund and refinance the bond anticipation notes and special obligation bonds authorized
without further approval of the voters even if, in the case of refinancing or refunding of bond
anticipation notes, such refinancing or refunding is at a higher interest rate.
(b) The summary for such petition shall include, but shall not be limited to, the
following statements:
(I) That the district will levy and collect the sales tax specified in paragraph (a) of this
subsection (1) for a period of time commencing after the termination of the sales tax levied and
collected by the Denver metropolitan major league baseball stadium district pursuant to section
32-14-105 and continuing for a period not to extend beyond January 1, 2012;
(II) The month, day, and year on which the sales tax levied and collected by the Denver
metropolitan major league baseball stadium district is projected to terminate and the month, day,
and year on which the sales tax levied and collected by the metropolitan football stadium district
is projected to commence; and
(III) A statement that the maximum principal amount of moneys to be raised by the
district for payment of costs of construction of the stadium through the issuance of multiple-
fiscal year financial obligations is two hundred sixty-six million dollars.
(c) The board may submit the question set forth in paragraph (a) of this subsection (1) to
the registered electors of the district:
(I) After being presented with a notice from the secretary of state stating that a valid
petition requesting the submittal of the question that is signed by the registered electors within
the geographical boundaries of the district in an amount equal to at least five percent of the total
number of votes cast within the geographical boundaries of the district for all candidates for the
office of secretary of state at the previous general election has been filed and stating that the
signatures on the petition have been verified in accordance with subsections (2) and (3) of this
section; and
(II) After the adoption of a resolution by the board as set forth in section 32-15-106
(1)(f).
(d) (I) Except as otherwise provided in subparagraph (III) of this paragraph (d), at the
election, the question appearing on the ballot shall be determined as follows:
(A) In the event that the board has determined that it is more cost effective and
economically viable to renovate Mile High stadium than to build a new stadium, the question
appearing on the ballot shall be as follows:
"SHALL THE METROPOLITAN FOOTBALL STADIUM DISTRICT TAXES BE
INCREASED (FIRST FULL FISCAL YEAR DOLLAR INCREASE) ANNUALLY AND BY
WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY THEREAFTER FROM
THE LEVY AND COLLECTION BY THE DISTRICT OF A ONE-TENTH OF ONE
PERCENT SALES AND USE TAX FOR A PERIOD NOT TO EXTEND BEYOND
JANUARY 1, 2012, OR UPON PAYMENT OF THE SPECIAL OBLIGATION BONDS,
WHICHEVER OCCURS EARLIER, COMMENCING AFTER THE TERMINATION OF THE
SALES AND USE TAX LEVIED AND COLLECTED BY THE DENVER METROPOLITAN
MAJOR LEAGUE BASEBALL STADIUM DISTRICT, WITH ALL OF THE PROCEEDS TO
BE USED AND SPENT, ALONG WITH FUNDS FROM OTHER SOURCES INCLUDING
THE PRIVATE SECTOR, FOR THE COSTS RELATING TO THE RENOVATION OF MILE
HIGH STADIUM; AND SHALL THE METROPOLITAN FOOTBALL STADIUM DISTRICT
BE AUTHORIZED TO ISSUE MULTIPLE-FISCAL YEAR FINANCIAL OBLIGATIONS
PAYABLE FROM THE PROCEEDS OF SAID ONE-TENTH OF ONE PERCENT SALES
AND USE TAX AND SAID FUNDS FROM OTHER SOURCES, WHICH AUTHORIZATION
SHALL INCLUDE THE AUTHORITY TO REFUND SUCH MULTIPLE-FISCAL YEAR
FINANCIAL OBLIGATIONS AND REFUNDING SPECIAL OBLIGATION BONDS
WITHOUT ADDITIONAL VOTER APPROVAL?"
(B) In the event that the board has determined that it is more cost effective and
economically viable to build a new stadium than to renovate Mile High stadium, the question
appearing on the ballot shall be as follows:
"SHALL THE METROPOLITAN FOOTBALL STADIUM DISTRICT DEBT BE
INCREASED (PRINCIPAL AMOUNT), WITH A REPAYMENT COST OF (MAXIMUM
TOTAL DISTRICT COSTS) AND SHALL DISTRICT TAXES BE INCREASED (FIRST
FULL FISCAL YEAR DOLLAR INCREASE) ANNUALLY AND BY WHATEVER
ADDITIONAL AMOUNTS ARE RAISED ANNUALLY THEREAFTER FROM THE LEVY
AND COLLECTION BY THE DISTRICT OF [A (____) PERCENT ADMISSIONS TAX AND
FROM THE LEVY AND COLLECTION OF] [THIS CLAUSE TO BE INSERTED IF
DETERMINED TO BE APPROPRIATE BY THE DISTRICT] A ONE-TENTH OF ONE
PERCENT SALES AND USE TAX WITH ALL OF THE PROCEEDS OF SUCH DEBT AND
TAXES TO BE USED AND SPENT, TOGETHER WITH FUNDS FROM OTHER SOURCES
INCLUDING THE PRIVATE SECTOR, FOR THE COSTS RELATING TO THE
CONSTRUCTION OF A NEW FOOTBALL STADIUM TO BE LOCATED WITHIN THE
DISTRICT SUBJECT TO THE FOLLOWING LIMITATIONS:
M THE SALES AND USE TAX SHALL COMMENCE AFTER THE TERMINATION OF THE
SALES AND USE TAX LEVIED AND COLLECTED BY THE DENVER METROPOLITAN
MAJOR LEAGUE BASEBALL STADIUM DISTRICT AND SHALL NOT EXTEND
BEYOND JANUARY 1, 2012, OR THE PAYMENT IN FULL OF SUCH DEBT,
WHICHEVER OCCURS EARLIER;
M [THE DEBT SHALL BE EVIDENCED BY NOTES, BONDS, OR CONTRACTS INCLUDING
NOTES, BONDS, OR CONTRACTS TO REFUND OTHER NOTES, BONDS, OR
CONTRACTS EVEN IF THE REFUNDING IS AT A HIGHER RATE OF INTEREST;] [THIS
PARAGRAPH TO BE INSERTED IF DETERMINED TO BE APPROPRIATE BY THE
DISTRICT]
M THE DEBT SHALL BE PAYABLE FROM THE PROCEEDS OF SUCH TAX, INVESTMENT
INCOME, AND SUCH OTHER DISTRICT REVENUES AS THE BOARD OF DIRECTORS
MAY PLEDGE FOR SUCH PAYMENT;
M THE DEBT SHALL HAVE SUCH TERMS AND CONDITIONS AS THE BOARD OF
DIRECTORS OF THE DISTRICT MAY DETERMINE, INCLUDING PROVISIONS FOR
REDEMPTION PRIOR TO MATURITY WITH OR WITHOUT PAYMENT OF THE
PREMIUM;
M [THE ADMISSIONS TAX SHALL NOT EXTEND BEYOND JANUARY 1, 2012, OR THE
PAYMENT IN FULL OF SUCH DEBT, WHICHEVER OCCURS EARLIER;] [THIS
PARAGRAPH TO BE INSERTED IF DETERMINED TO BE APPROPRIATE BY THE
DISTRICT]
AND SHALL THE PROCEEDS OF SUCH DEBT AND TAXES AND ANY INVESTMENT
INCOME THEREFROM AND ANY OTHER REVENUES OF THE DISTRICT BE
COLLECTED AND SPENT WITHOUT LIMITATION OR CONDITION, AS A VOTER-
APPROVED REVENUE CHANGE UNDER SECTION 20 OF ARTICLE X OF THE
COLORADO CONSTITUTION OR ANY OTHER LAW?"
(II) Except as otherwise provided in subparagraph (III) of this paragraph (d), the ballot
title shall be a statement of the language included in the question set forth in sub-subparagraph
(B) of subparagraph (I) of this paragraph (d); except that the title shall substitute the words "THE
METROPOLITAN FOOTBALL STADIUM DISTRICT DEBT SHALL BE INCREASED" for
"SHALL THE METROPOLITAN FOOTBALL STADIUM DISTRICT DEBT BE
INCREASED", shall substitute the words "DISTRICT TAXES SHALL BE INCREASED" for
the words "SHALL DISTRICT TAXES BE INCREASED", and shall substitute the words "THE
PROCEEDS OF SUCH DEBT AND TAXES AND ANY INVESTMENT INCOME
THEREFROM AND ANY OTHER REVENUES OF THE DISTRICT SHALL BE" for the
words "SHALL THE PROCEEDS OF SUCH DEBT AND TAXES AND ANY INVESTMENT
INCOME THEREFROM AND ANY OTHER REVENUES OF THE DISTRICT BE", and the
title shall end with a period instead of a question mark.
(III) The ballot question specified in subparagraph (I) of this paragraph (d) may be
modified by the proponents of a petition or by the district to the extent necessary to conform to
the legal requirements for ballot questions and titles.
(IV) If at any election a majority of the registered electors within the geographical
boundaries of the district voting on the question vote affirmatively on the question specified in
paragraph (d) of this subsection (1), then the sales tax and the admissions tax shall be levied,
collected, and distributed as provided for in this article.
(2) The provisions of article 40 of title 1, C.R.S., regarding the following subject matter
shall apply to petitions that may be submitted pursuant to subsection (1) of this section: Form
requirements and approval; circulation of petitions; elector information and signatures on
petitions; affidavits and requirements of circulators of petitions; and verification of signatures,
including, but not limited to, cure of an insufficiency of signatures and protests regarding
sufficiency statements and procedures for hearings or further appeals regarding such protests.
The provisions of article 40 of title 1, C.R.S., regarding review and comment, the setting of a
ballot title, including, but not limited to, the duties of the title board, rehearings and appeals, and
the number of signatures required shall not apply to petitions that may be submitted pursuant to
subsection (1) of this section.
(3) Any petition shall be filed with the secretary of state at least ninety days before the
1998 general election. Any petition shall be valid only for the 1998 general election. Notice of
any question to be submitted to the registered electors within the geographical boundaries of the
district after verification of the signatures on any petition filed with the secretary of state and at
which election such question shall be submitted shall be filed by the board in the office of the
secretary of state prior to fifty-five days before such election.
(4) (a) For purposes of complying with the provisions of section 20 of article X of the
state constitution and upon the adoption of a resolution by the board, the board may submit to
the registered electors within the geographical boundaries of the district, at a general election or
at an election held on the first Tuesday in November of an odd-numbered year, the question of
whether the district is authorized to collect and spend revenues in excess of the fiscal year
spending limitation of the district.
(b) If at any such election a majority of the registered electors within the geographical
boundaries of the district voting on the question vote affirmatively on the question of whether
the district is authorized to collect and spend excess revenues, then the district shall collect and
spend such revenues as provided for in this article.
(5) The provisions of subsection (1) of this section concerning the sales tax shall not be
applicable if the authority of the district to levy and collect any sales tax approved by the
registered electors has expired pursuant to the provisions of this article. The provisions of
subsection (1) of this section concerning the admissions tax shall not be applicable if the
authority of the district to levy and collect any admissions tax approved by the registered electors
has expired pursuant to the provisions of this article.
(6) Prior to the general election at which any question is to be submitted to the registered
electors pursuant to subsection (1) of this section, the board shall hold at least two public
hearings in each of the counties included, in whole or in part, within the district.
(7) No public moneys from the state, any city, town, city and county, or county shall be
expended by the public entity or by any private entity or private person to advertise, promote, or
purchase commercial promotion or advertisement to urge electors to vote in favor of or against
any question submitted at an election pursuant to the provisions of this article.
(8) Prior to submitting a question to the registered electors of the district pursuant to this
section, the district shall enter into an agreement with the franchise requiring the franchise to pay
for all costs of the district associated with the election at which the question is submitted to the
voters pursuant to this section.

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