§ 32-1-606 — Bonded indebtedness of consolidated districts

(1) Except as
otherwise provided in subsection (3) of this section and approved by the eligible
electors pursuant to section 32-1-602 (2)(e), all of the outstanding bonded
indebtedness of any special district which becomes part of a consolidated district
or which has all of its services completely consolidated shall be paid and
discharged by the taxpayers having taxable property within the boundaries of the
special district which incurred the bonded indebtedness. The board of the
consolidated district shall levy a general property tax annually, for so long as may
be necessary to pay the bonded indebtedness according to its terms, upon the
properties lying within the boundaries of the special district which incurred the
bonded indebtedness as the boundaries existed when the special district became a
part of the consolidated district. The levying of the tax shall not prevent the board
of the consolidated district from imposing special rates, tolls, or charges for
services and facilities afforded within the boundaries of the indebted special
district or made available to the properties lying within the indebted special district.

(2) Except as otherwise provided in subsection (3) of this section and
approved by the eligible electors pursuant to section 32-1-602 (2)(e), all of the
outstanding bonded indebtedness of any special district which consolidates less
than all of its services into a consolidated district shall remain the obligation of the
special district which incurred the bonded indebtedness and shall be paid and
discharged by the taxpayers having taxable property within the boundaries of the
indebted special district. The board of the special district which incurred the
bonded indebtedness shall levy a general property tax annually, for so long as may
be necessary to pay the bonded indebtedness according to its terms, upon the
properties lying within the boundaries of the indebted special district. The levying
of the tax shall not prevent the board of the consolidated district from imposing
special rates, tolls, or charges for services and facilities afforded within the
boundaries of the indebted special district or made available to the properties lying
within the indebted special district.

(3) Nothing in this section shall prevent a consolidated district from being
bound by preconsolidation agreements which have been entered into between or
among consolidating districts and which have become part of the terms and
conditions of consolidation as set forth in the court order under section 32-1-603
(4), including the assumption of all or part of the outstanding bonded indebtedness
of all of the consolidating special districts by the consolidated special district.

Legislative History

Source: L. 81: Entire article R&RE, p. 1567, � 1, effective July 1. L. 85: Entire section amended, p. 1115, � 4, effective July 1. L. 92: (1) and (2) amended, p. 881, � 115, effective January 1, 1993.