§ 32-13-107.5 — Legislative declaration - submission to voters - severability

Colorado § 32-13-107.5

• Jurisdiction: Colorado
• Title 32: Special
• Art.: Scientific and Cultural Facilities District

Text

(1) The general assembly hereby finds, determines, and declares that the extension
of the sales and use taxes imposed pursuant to section 32-13-105 are extensions of
expiring taxes subject to the provisions of section 20 (4)(a) of article X of the state
constitution and are subject to voter approval; that the tax proceeds resulting from
the taxes which the voters may be asked to extend are subject to the fiscal year
spending limit of the Denver metropolitan scientific and cultural facilities district
imposed by section 20 (7)(b) of said article X; that said constitutional provision
limits the growth of district revenues by restricting the increase of fiscal year
spending to the rate of inflation plus annual local growth; that the ballot questions
specified in section 32-13-105 fully disclose to the voters that the amount of tax
proceeds resulting from the taxes which they may be asked to extend will be
subject to increase after the current fiscal year based upon the factors of inflation
and annual local growth specified in section 20 (7)(b) of said article X; and that this
disclosure in said ballot questions is for informational purposes only as the growth
in the amount of tax proceeds is permitted to occur only at the rate permitted by
section 20 (7)(b) of said article X.

(2) The purpose of this article is to secure a dependable source of revenue to
be used by the Denver metropolitan scientific and cultural facilities district to assist
scientific and cultural facilities within said district as set forth in this article and to
provide for a source of revenue which will grow in proportion to the expanding
financial needs of scientific and cultural facilities. However, in the event that it is
found by a court of competent jurisdiction that the provisions of section 20 of
article X of the state constitution do not permit an extension of an expiring tax
which incorporates such growth in revenues, the portions of the ballot questions set
forth in section 32-13-105 which provide for an adjustment of permissible revenues
based on inflation and annual local growth shall be deemed to be severable from
the remainder of such ballot questions and that the valid portions of the ballot
questions are not so essentially and inseparably connected with or dependent upon
the invalid portions that the valid portions would not have been enacted without the
invalid portions.

Legislative History

Source: L. 94: Entire section added, p. 475, � 4, effective March 31.