AGO 90-12.

Case Date:October 29, 1990
Colorado Attorney General Opinions 1990. AGO 90-12. STATE OF COLORADO OFFICE OF THE ATTORNEY GENERAL FORMAL OPINION OF DUANE WOODARD Attorney General Opinion No. 90-12 AG Alpha No. EX AD AGARV October 29, 1990Honorable Roy Romer Governor 136 State Capitol Denver, Colorado 80203-1792 RE: Whether Article XIV, Section 17 of the Colorado Constitution precludes the formation of the Denver Metropolitan Major League Baseball Stadium District despite the favorable public vote on September 6, 1990.Dear Governor Romer: You have requested a legal opinion concerning a possible constitutional attack upon the validity of the legislation which created the Denver Metropolitan Major League Baseball Stadium District (the "Baseball Stadium District"). Your question concerns the application of a specific provision of Article XIV, section 17 of the Colorado Constitution pertaining to the formation of a regional service authority. SPECIFIC QUESTIONS PRESENTED AND CONCLUSIONS Is the Denver Metropolitan Major League Baseball Stadium District a "service authority" within the meaning of article XIV, section 17 of the Colorado Constitution, subject to the constitutional requirement that the district may be formed only upon the approval of the majority of qualified electors in the territory included in the district? No. Is the Colorado General Assembly required by the state constitution to create a regional service authority as the only political subdivision permitted to provide services within a multi-county jurisdiction? No. ANALYSIS During the 1989 legislative session the Colorado General Assembly passed House Bill 1341 creating the Baseball Stadium District. 1989 Colo. Sess. Laws ch. 293. The Baseball Stadium District covers a multi-county area within metropolitan Denver. The legislation defined the district as "a body corporate and politic and a political subdivision of the state." Section 32-14-104, C.R.S. (1990 Supp.). The stated legislative purpose for establishing the district was to provide a mechanism for financing and constructing a major league baseball stadium in the Denver metropolitan area. Section 32-14-102, C.R.S. (1990 Supp.). The new legislation authorized the board of directors of the Baseball Stadium District to submit to registered electors within the district the question whether to approve an additional sales tax levy to...

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