§ 23-15-117 — Payment of bonds - nonliability of state

Colorado § 23-15-117

• Jurisdiction: Colorado
• Title 23: Postsecondary Education
• Art.: Colorado Educational and Cultural

Text

Bonds and notes issued
by the authority shall not constitute or become an indebtedness, a debt, or a
liability of the state, the general assembly, or any county, city, city and county,
town, school district, or other political subdivision of the state or of any other
political subdivision or body corporate and politic within the state, and neither the
state, the general assembly, nor any county, city, city and county, town, school
district, or other political subdivision of the state shall be liable thereon; nor shall
such bonds or notes constitute the giving, pledging, or loaning of the faith and
credit of the state, the general assembly, or any county, city, city and county, town,
school district, or other political subdivision of the state or of any other political
subdivision or body corporate and politic within the state, but such bonds or notes
shall be payable solely from the funds provided for in this article. Unless by specific
pledge in an act of issuance as authorized by law, the issuance of bonds or notes
under the provisions of this article shall not obligate, directly, indirectly, or
contingently, the state or any subdivision thereof nor empower the authority to levy
or collect any form of taxes or assessments therefor or to create any indebtedness
payable out of taxes or assessments therefor or make any appropriation for their
payment, and such appropriation or levy is prohibited. Nothing in this section shall
prevent or be construed to prevent the authority from pledging its full faith and
credit or the full faith and credit of a participating educational institution or cultural
institution to the payment of bonds or notes authorized pursuant to this article.
Nothing in this article shall be construed to authorize the authority to create a debt
of the state within the meaning of the constitution or statutes of Colorado or to
authorize the authority to levy or collect taxes or assessments; and all bonds issued
by the authority pursuant to the provisions of this article are payable and shall state
that they are payable solely from the funds pledged for their payment in
accordance with the resolution authorizing their issuance or with any trust
indenture, mortgage, or deed of trust executed as security therefor and are not a
debt or liability of the state of Colorado. Unless by specific pledge in an act of
issuance as authorized by law, the state shall not in any event be liable for the
payment of the principal of or interest on any bonds of the authority or for the
performance of any pledge, mortgage, obligation, or agreement of any kind
whatsoever which may be undertaken by the authority. No breach of any such
pledge, mortgage, obligation, or agreement shall otherwise impose any pecuniary
liability upon the state or any charge upon its general credit or against its taxing
power.

Legislative History

Source: L. 81: Entire article added, p. 1108, � 1, effective July 1. L. 89: Entire section amended, p. 991, � 8, effective April 8. L. 98: Entire section amended, p. 607, � 11, effective May 4. L. 2008: Entire section amended, p. 1066, � 12, effective May 22.