§ 32-7-112 — Local authorization of functions, services, and facilities

(1) (a) No
service designated in section 32-7-111 shall be provided by a service authority
unless such service, together with the maximum ad valorem tax mill levy (other
than for debt purposes), if any, necessary to support each such service, has been
submitted to and authorized by a majority of the eligible electors voting thereon in
each county within the service authority.

(b) Any service submitted to the eligible electors for their approval or
rejection may be designated in general terms without limitation on concurrent or
contractual arrangements among the various local governments; but, if the service
is to be provided on an exclusive basis, as provided in subsection (2) of this section,
the proposition submitted to the eligible electors shall state that such service is to
be provided on an exclusive basis. Any mill levy limitation submitted for
authorization by the eligible electors shall be designated in specific terms, whether
the services to be supported thereby are on a concurrent or exclusive basis.

(c) Any proposition initiated after formation of a service authority shall be
submitted by resolution of the board, by resolution of a majority of the governing
boards of counties and municipalities, or by a petition signed by eligible electors of
the service authority in number not less than five percent of the votes cast in the
service authority for all candidates for the office of governor at the last preceding
general election.

(2) (a) At any general election following formation of a service authority, the
board may submit a proposal to the eligible electors providing that any one or more
services designated in section 32-7-111, including the types of services assumed
pursuant to section 32-7-143, shall be provided exclusively by the service authority.
The proposal may also be submitted at that time by resolution of a majority of the
governing bodies of counties and municipalities or by petition signed by the eligible
electors of the service authority in number not less than five percent of the votes
cast in the service authority for all candidates for the office of governor at the last
preceding general election.

(b) If a majority of the eligible electors voting at any general election
approve the designation of one or more services as exclusive, the board shall be
responsible and shall have final authority for the provision of the service within its
boundaries. Counties, municipalities, and special districts organized pursuant to
part 2 of article 20 of title 30, C.R.S., or article 1 or part 4 of article 4 of this title
shall be prohibited from providing the services within the boundaries of the service
authority. The designation shall not preclude a service authority from contracting
with local governments or the state government for any service; nor shall the
designation relieve local governments from the responsibility of providing the
service for a period of two years or until the time that the board can provide for the
orderly transfer of assets, liabilities, and obligations of the local governments to
the service authority.

Legislative History

Source: L. 72: p. 462, � 1. C.R.S. 1963: � 89-25-12. L. 81: (2)(b) amended, p. 1624, � 27, effective July 1. L. 85: Entire section amended, p. 1352, � 29, effective April 30. L. 92: Entire section amended, p. 900, � 146, effective January 1, 1993.