The Next Door debate about the recall petition to restore the residents’ right to vote on the proposed new bond debt has strayed away from the actual statutes and the actual documents.
A few residents don’t want to restore their right to vote and are working very hard to stop other residents who do want to get their right to vote back.
These are indeed crazy times.
The “don’t want to vote” residents keep asking questions, don’t want to research the statutes and documents to answer the questions, but suggest that because they ask these questions, they also have the answers.
These indeed are crazy times.
Maybe this will help – to those who “don’t want to vote”
1. Do you agree that CRS 32-1-906 and related statutes provide the residents with the ultimate “check and balance” on the board – the right to recall them?
32-1-906. Directors subject to recall – applicability of laws
2. Do you agree that:
On November 7, 2006, there was an election?
At that election the voters voted to pass several ballot issues?
At that election the only voters were employees of Brookfield?
At that election these 8 voters/employees of Brookfield voted to take away the future residents’ right to vote and gave it to the Board of Directors?
First and Only Election Certificate of Election Results, 2006-11-07
3. Do you agree that the District can place on the ballot at an election ballot issues for the voters to vote on – just like Brookfield did in 2006?
CRS 32-1-1101 (1.5) (d)
If taxes are to be levied or debt is to be created within an area of the special district, the board shall submit a ballot issue approving such taxes or debt to the eligible electors within such area at a regular special district election or at a special election held on the Tuesday after the first Monday of November in an even-numbered year or the first Tuesday of November in an odd-numbered year conducted in accordance with the provisions of this article and section 20 of article X of the state constitution. In addition to any other matters, the ballot issue shall provide that the tax to be levied for services, programs, and facilities within such area is in addition to any other taxes imposed by the special district.
CRS 32-1-1101 (2):
2) Whenever the board determines, by resolution, that the interest of the special district and the public interest or necessity demand the acquisition, construction, installation, or completion of any works or other improvements or facilities or the making of any contract with the United States or other persons or corporations to carry out the objects or purposes of such district, requiring the creation of a general obligation indebtedness exceeding one and one-half percent of the valuation for assessment of the taxable property in the special district, the board shall order the submission of the proposition of issuing general obligation bonds or creating other general obligation indebtedness, except the issuing of revenue bonds, at an election held for that purpose. The resolution shall also fix the date upon which the election will be held. The election shall be held and conducted as provided in articles 1 to 13.5 of title 1, C.R.S. Any election may be held separately or may be held jointly or concurrently with any other election authorized by this article. If the issuance of general obligation bonds is approved at an election held pursuant to this subsection (2), the board shall be authorized to issue such bonds for a period not to exceed the later of five years following the date of the election or, subject to the provisions of section 32-1-1101.5, for a period not to exceed twenty years following the date of the election if the issuance of such bonds is in material compliance with the financial plan set forth in the service plan, as that plan is amended from time to time, or in material compliance with the statement of purposes of the special district. After the specified period has expired, the board shall not be authorized to issue bonds which were authorized but not issued after the initial election unless the issuance is approved at a subsequent election; except that nothing in this subsection (2) shall be construed as limiting the board’s power to issue refunding bonds in accordance with statutory requirements.
4. Do you agree that other Districts regularly place ballot issues on the ballot – like Ken-Caryl ballot issue to have the voters vote on whether or not to issue new bond debt. (Note that the District Manager for Ken-Caryl District is the same as the Solterra District)?
5. Do you agree that the 2000+ residents know better than 8 employees of Brookfield what is in the residents’ best interests?
6. Do you agree that there is a citizen initiative power to place ballot issues on the ballot for the city, the county, the state, but not metro districts?
7. Do you agree that the only way to place a ballot issue on the ballot is by a vote of the Board of Directors?
8. Do you agree that the Solterra Board of Directors has refused to place the ballot issue on the ballot – that would restore the residents’ right to vote on bond debt?
9. Do you agree that you don’t have a right to stop me from voting?
John Henderson