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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />Institutional Considerations <br /> <br />The question as to whether the Julesburg Irrigation District could hold an election to <br /> <br /> <br />vote on the Referendums presented here and to hold and annual election to elect new <br /> <br /> <br />Board members was researched by Fisher, Brown and Gunn, the Attorney for the <br /> <br />District. It was their opinion that both elections could be held on the same day if the <br />requirements for each were satisfied, <br /> <br />Since it is not yet clear as to whether the District falls under the Taxpayer's Bill of Rights <br />( "TABOR" ), the CWCB felt that until certain pending cases before the Courts are <br />decided, it would be in the best interests of the District to comply with TABOR, in <br />seeking approval for a CWCB Loan. See Appendix F, <br /> <br />In a Special election held on December 2, 1997, electors gave a majority approval to <br /> <br /> <br />the District to borrow not in excess of $ 510,469,00 form the Colorado Water <br /> <br /> <br />Conservation Board of the State of Colorado, as per Referendum B, A vote of ( 53 ) <br /> <br /> <br />YES and ( 23 )NO authorizes the District to raise the assessment by $ 2,00 per acre, for <br /> <br /> <br />District bonded acres, from $ 18.00 to $ 20.00 per acre per year to facilitate the <br /> <br /> <br />repayment of said loan, <br /> <br /> <br />On December 12, 1997, a Statement of Intent to Contest the Election was filed in <br />District Court, Sedgwick County, The Contestors requested that the District Court find <br />the wording and instructions on the ballot to be misleading and improper, and that the <br />official results of the election be canceled. The District Court, upon consideration and <br /> <br />12 <br />