Colorado Code § 23-20-122

Raising funds for university student memorial center
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(1) For the
purpose of raising funds from time to time for erecting, purchasing, otherwise acquiring,
reconstructing, improving, adding to, extending, bettering, equipping, and furnishing, or any
combination thereof, a student memorial center consisting of one or more buildings on the
campus of the university of Colorado, the board of regents thereof, designated as the "regents of
the university of Colorado" (in this section sometimes designated as the "board"), is authorized
to enter into contracts with persons or corporations advancing money for such purposes, under
which contracts the board is authorized to pledge the net income from the student memorial
center, its facilities, and special student fees assessed for the purpose of financing the student
memorial center or any part of such net income to the repayment of any sums so advanced and
interest thereon.
(2) The board shall not pledge the general income of the university or create any
mortgage upon property belonging to such institution or obligate the state of Colorado for the
purpose of repaying or receiving any funds raised or advanced under the provisions of this
section.
(3) For the purpose of evidencing any such loan, the board may issue, in its name and on
its behalf, notes, debentures, bonds, or other evidences of indebtedness, in this section
sometimes designated as "obligations".
(4) Any obligations may be refunded by the board, subject to provisions concerning their
payment and any other contractual limitations in any proceedings authorizing the issuance of the
obligations or otherwise appertaining thereto, by the issuance of obligations to refund, pay, and
discharge all or any part of outstanding obligations for the purpose of avoiding or terminating
any default, reducing interest costs or effecting other economies, or modifying or eliminating
restrictive contractual limitations concerning the outstanding obligations of the student memorial
center, or any combination thereof.
(5) Any obligations issued for refunding purposes either may be delivered in exchange
for the outstanding obligations being refunded or may be publicly or privately sold.
(6) No obligations may be refunded under this section unless the holders thereof
voluntarily surrender them for exchange or payment or unless they either mature or are callable
for prior redemption under their terms within ten years from the date of issuance of the refunding
obligations. Provision shall be made for paying the obligations within said period of time. The
principal amount of the refunding obligations may exceed the principal amount of the refunded
obligations if the aggregate principal and interest costs of the refunding obligations do not
exceed such unaccrued costs of the obligations refunded. The principal amount of the refunding
obligations may also be less than or the same as the principal amount of the obligations being
refunded so long as provision is duly and sufficiently made for the payment of the refunded
obligations.
(7) The proceeds of refunding obligations shall either be immediately applied to the
retirement of the obligations to be refunded or placed in escrow in any state or national bank
within the state which is a member of the federal deposit insurance corporation to be applied to
the payment of the obligations being refunded upon their presentation therefor. To the extent any
incidental expenses have been capitalized, such refunding obligation proceeds may be used to
defray such expenses. Any accrued interest and any premium appertaining to a sale of refunding
obligations may be applied to the payment of the interest thereon, the principal thereof, or both
interest and principal or deposited in a reserve therefor as the board may determine. Any such
escrow shall not necessarily be limited to proceeds of refunding obligations but may include
other moneys available for its purpose. Any proceeds in escrow, pending such use, may be
invested or reinvested in securities meeting the investment requirements established in part 6 of
article 75 of title 24, C.R.S. Such proceeds and investments in escrow, together with any interest
to be derived from any such investment, shall be in an amount at all times sufficient as to
principal, interest, any prior redemption premium due, and any charges of the escrow agent
payable therefrom to pay the obligations being refunded as they become due at their respective
maturities or due at any designated prior redemption date in connection with which the board
exercises a prior redemption option. Any purchaser of any obligation issued under this section
shall in no manner be responsible for the application of the proceeds thereof by the board or any
of its officers, agents, or employees.
(8) Refunding obligations may be made payable from any net revenues derived from the
student memorial center, or any portion thereof, notwithstanding that the pledge of such
revenues for the payment of the outstanding obligations being refunded is thereby modified.
(9) Obligations for refunding and obligations for any other purpose authorized may be
issued separately or in combination in one series or more.
(10) The board shall establish a maximum net effective interest rate for obligations
issued under this section. Such obligations shall bear interest at a rate or rates such that the net
effective interest rate of the issue of obligations does not exceed the maximum net effective
interest rate established. Such interest shall be payable semiannually or annually and evidenced
by one or two sets of coupons, if any, executed with the facsimile or manually executed
signature of any official or officials of the board; except that the first coupon or coupons
appertaining to any obligation may evidence interest not in excess of one year, and such
obligations may be in one series or more, may bear such date or dates, may mature at such time
or times not exceeding forty years from their respective dates, may be designated or
redesignated, may be in such denomination or denominations, may be payable in such medium
of payment, at such place or places within or without the state, may carry such registration
privileges, may be subject to such terms of prior redemption in advance of maturity in such order
or by lot or otherwise at such time or times with or without a premium, may be executed in such
manner, may bear such privileges for reissuance in the same or other denominations, may be so
reissued without modification of maturities and interest rates, and may be in such form, either
coupon or registered, as may be provided by resolution of the board.
(11) The obligations shall never be sold at a price such that the net effective interest rate
of the issue of obligations exceeds the maximum net effective interest rate established.
(12) Obligations may be issued with privileges for conversion or registration, or both,
for payment as to principal or interest, or both. If interest accruing on the obligations is not
represented by interest coupons, the obligations may provide for the endorsing of payments of
interest thereon. The obligations generally shall be issued in such manner, in such form, either
coupon or registered, with such recitals, terms, and provisions for subordination of subsequently
issued obligations and such covenants and conditions, and with such other details as may be
provided by the board, except as otherwise provided in this section.
(13) All obligations and the income therefrom shall be exempt from taxation, except
inheritance, estate, and transfer taxes.
(14) All moneys received from the issuance of any obligations authorized in this section
shall be used solely for the purpose for which issued and the cost of any project designated by
the board and authorized in this section, including interest or discount on obligations, or both;
cost of issuance of obligations; architectural, engineering, and inspection costs and legal
expenses; costs of financial, professional, and other estimates and advice; contingencies; any
administrative, operating, and other expenses of the board appertaining to a student memorial
center prior to and during such acquisition or improvement and equipment, and additionally
during a period of not exceeding one year after the completion thereof, as may be estimated and
determined by the board in any resolution authorizing the issuance of any obligations or other
instrument appertaining thereto, and all such other expenses as may be necessary or incident to
the financing, acquisition, improvement, equipment, and completion of said center or part
thereof, the placing of the same in operation, and also any provision or reserves for working
capital, operation, maintenance, or replacement expenses, or for payment or security of principal
of or interest on any obligations during or after such acquisition or improvement and equipment
as the board may determine, and also reimbursements to the board, any bank, other corporation,
or any other person of any moneys previously expended for the purposes of said center; except
that any accrued interest and any premium appertaining to a sale of obligations may be applied
to the payment of the interest thereon and the principal thereof, or both interest and principal, or
may be deposited in a reserve therefor, as the board may determine.
(15) The powers conferred by this section shall be in addition and supplemental to and
not in substitution for, and the limitations imposed by this section shall not affect, the powers
conferred by any other law. Obligations may be issued under this section without regard to the
provisions of any other law. Insofar as the provisions of this section are inconsistent with the
provisions of any other law, the provisions of this section shall be controlling.

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