Laserfiche WebLink
<br />. <br /> <br />. <br /> <br />Frank M. Akers <br />September 18, 1990 <br />Page Two <br /> <br />3. We are of the op1n1on that the Board of Directors of the <br />District has the power to enter into the Contract without an <br />election, although not necessarily for the reasons set forth in <br />your request for an opinion. <br /> <br />The "water supply exception" to the Colorado Constitution <br />to which you refer in your letter, is found in Article XI, section <br />6 of the Colorado Constitution. Subsection (1) of section 6 <br />provides that "No political subdivision of the state shall contract <br />any general obligation debt by loan in any form" unless the <br />question of incurring the debt has been approved after an election. <br />However, a "water supply exception" is contained in Subsection (3), <br />which reads: <br /> <br />(3) Debts contracted by a home rule city and <br />county, city or town, statutory city or town or <br />service authority for the purpose of supplying <br />water shall be excepted from the operation of this <br />section. <br /> <br />The District is a political subdivision of the state. <br />See C.R.S. 37-45-112(7). Accordingly, it is bound by the <br />provisions of Article XI, Section 6. However, the "water supply <br />exception" applies only to certain municipalities and to service <br />authorities. If the District is a "service authority:, then it <br />would fall within the "water supply exception", and it would be <br />clear that no election would be necessary. <br /> <br />However, it does not appear to us that the District is a <br />"service authority". Article XI, Section 6 was repealed and re- <br />enacted on November 3, 1970. The repeal and re-enactment was <br />accomplished pursuant to Senate Concurrent Resolution No.6, <br />entitled "Submitting to the Qualified Electors of the State of <br />Colorado an Amendment to Articles XI, XIV, and XX of the <br />Construction of the State of Colorado.. .", and a subsequent vote of <br />the people of the State. Pursuant to Senate Concurrent Resolution <br />No.6, and the subsequent election, section 17, Article XIV, <br />entitled "service Authorities", was added to the Colorado <br />Constitution. Thereafter, the Colorado Legislature passed a set of <br />statutes dealing with service authorities (see C.R.S. 32-7-101, et <br />sea. ), to implement the provisions of Article XIV, Section 17. <br />Since the amendments to Article XI, Section 6 and the addition of <br />Article XIV, Section 17, were both accomplished pursuant to Senate <br />Concurrent Resolution No. 6 and the subsequent election, it would <br />appear that the reference to "service authority" in Article XI, <br />section 6 is a reference to the service authorities created by <br />