Co. Const. art. XIV, § 17 — Article XIV / Section 17
CO Const., Article XIV, Section 17
Status: in_force

Service authorities. (1) (a) The general assembly shall provide by statute for the organization, structure, functions, services, facilities, and powers of service authorities pursuant to the following requirements: (b) A service authority may be formed only upon the approval of a majority of the registered electors voting thereon in the territory to be included. (c) The territory within a service authority may include all or part of one county or home rule county or all or part of two or more adjoining counties or home rule counties, but shall not include only a part of any city and county, home rule city or town, or statutory city or town at the time of formation of the service authority. No more than one service authority shall be established in any territory and, in no event, shall a service authority be formed in the metropolitan area composed of the city and county of Denver, and Adams, Arapahoe, and Jefferson counties which does not include all of the city and county of Denver and all or portions of Adams, Arapahoe, and Jefferson counties. (d) The boundaries of any service authority shall not be such as to create any enclave. (e) No territory shall be included within the boundaries of more than one service authority. ​ (2) (a) The general assembly shall also provide by statute for: (b) The inclusion and exclusion of territory in or from a service authority; (c) The dissolution of a service authority; (d) The merger of all or a part of two or more adjacent service authorities, except that such merger shall require the approval of a majority of the registered electors voting thereon in each of the affected service authorities; and, (e) The boundaries of any service authority or any special taxing districts therein or the method by which such boundaries are to be determined or changed; and (f) The method for payment of any election expenses. (3) (a) The general assembly shall designate by statute the functions, services, and facilities which may be provided by a service authority, and the manner in which the members of the governing body of any service authority shall be elected from compact districts of approximately equal population by the registered electors of the authority, including the terms and qualifications of such members. The general assembly may provide that members of the governing body may be elected by a vote of each compact district or by an at-large vote or combination thereof. Notwithstanding any provision in this constitution or the charter of any home rule city and county, city, town, or county to the contrary, mayors, councilmen, trustees, and county commissioners may additionally hold elective office with a service authority and serve therein either with or without compensation, as provided by statute. (b) A service authority shall provide any function, service, or facility designated by statute and authorized as provided in paragraphs (c) and (d) of this subsection. (c) All propositions to provide functions, services, or facilities shall be submitted, either individually or jointly, to the registered electors in the manner and form prescribed by law. (d) Each such function, service, or facility shall be authorized if approved by a majority of the registered electors of the authority voting thereon; but if the service authority includes territory in more than one county, approval shall also require a majority of the registered electors of the authority voting thereon in those included portions of each of the affected counties. (e) Notwithstanding the provisions of paragraphs (b), (c), and (d) of this subsection, where, upon formation of a service authority, any function, service, or facility is already being provided in at least four counties or portions thereof by a single special district, regional planning commission or metropolitan council, or an association of political subdivisions, the general assembly may provide, without a vote of the registered electors, for assumption by one or more service authorities of such function, service, or facility. (f) Notwithstanding the provisions of paragraphs (b), (c), and (d) of this subsection, a service authority may contract with any other political subdivision to provide or receive any function, service, or facility designated by statute; but a service authority shall not be invested with any taxing power as a consequence of such contract. (4) (a) A service authority shall be a body corporate and a political subdivision of the state. (b) Any other provision of this constitution to the contrary notwithstanding, any service authority formed under this article and the statutes pursuant thereto may exercise such powers to accomplish the purposes and to provide the authorized functions, services, and facilities of such authority as the general assembly may provide by statute. (c) Notwithstanding the provisions of article XX of this constitution, any authorized function, service, or facility may be provided exclusively by the authority or concurrently with ​ other jurisdictions as may be prescribed by statute, subject to the provisions of subsections (3)(c), (3)(d), (3)(e), and (3)(f) of this section. Source: L. 69: Entire section added, p. 1247, effective January 1, 1972. L. 84: (1)(b), (2)(d), (3)(a), and (3)(c) to (3)(e) amended, p. 1144, effective upon upon proclamation of the Governor, L. 85, p. 1791, January 14, 1985. L. 2000: (3)(a) amended, p. 2777, effective upon proclamation of the Governor, L. 2001, p. 2391, December 28, 2000.