§ 37-45-142 — Bond elections - subsequent elections

(1) No debt required by
section 37-45-139 to be submitted to the electors of the district shall be incurred
unless the proposition to create such debt is first submitted to and approved by the
electors of the district.

(2) In the event it appears from the returns that the proposition submitted
has been approved by a majority of those voting at the election as required under
subsection (1) of this section, the district is authorized to incur such indebtedness or
obligations, enter into such contract, or issue and sell such bonds of the district, all
for the purpose and object provided for in the proposition submitted under this
section and in the resolution therefor and in the amount so provided and at a net
effective interest rate not exceeding the maximum net effective interest rate
recited in such resolution. Submission of the proposition of incurring such
obligation or bonded or other indebtedness at such an election shall not prevent or
prohibit submission of the same or other propositions at subsequent elections
called for such purpose.

(3) (a) The board, having received approval at an election to issue bonds and
having determined that the limitations of the original election question are too
restrictive to permit the advantageous sale of the bonds so authorized, may submit
at another election held for such purpose:

(I) The question of issuing the bonds, or any portion thereof, at a higher
maximum net effective interest rate than the maximum interest rate or maximum
net effective interest rate approved at the original election; or

(II) The question of issuing the bonds, or any portion thereof, to mature over a
longer period of time than the maximum period of maturity approved at the original
election.

(b) An election held pursuant to this subsection (3) shall be held in
substantially the same manner as an election to authorize bonds initially, except as
may be required for the submission of the limited question or questions permitted
under this subsection (3).

(c) If a majority of those voting at an election held pursuant to this
subsection (3) fails to approve the changes submitted, such result shall not impair
the authority of the board at a later time to issue the bonds originally approved
within the limitations established at the first election.

Legislative History

Source: L. 37: p. 1355, � 35. CSA: C. 173B, � 49. CRS 53: � 149-6-37. C.R.S. 1963: � 150-5-37. L. 70: p. 439, � 5. L. 71: p. 1347, � 3.