Colorado Code § 31-25-534.5

Issuing refunding bonds
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(1) The governing body of a municipality may
issue one or more series of bonds to refund all or any portion of the outstanding bonds issued by
one or more improvement districts pursuant to section 31-25-534. Any such bonds shall be
issued in accordance with the provisions of article 56 of title 11, C.R.S. In such case, for
purposes of complying with the requirements of article 56 of title 11, C.R.S., any bonds issued to
refund all or any portion of the outstanding bonds of one or more improvement districts shall be
deemed to be revenue bonds, the refunded bonds shall be deemed to be revenue obligations, and
the assessments shall be deemed to be revenue.
(2) Any bonds issued pursuant to this section may refund all or any portion of the
outstanding bonds of one or more improvement districts and may be secured by a combination of
assessments levied on all or a specifically identified portion of the assessed property located
within such districts.
(3) Two or more series of bonds may be issued to refund the outstanding bonds of one or
more districts, and each series may be secured by assessments levied on different portions of the
assessed property located within the districts that have outstanding bonds.
(4) Except as otherwise provided in subsection (5) or (6) of this section, in connection
with the issuance of refunding bonds pursuant to this section, the governing body may amend the
ordinance imposing the assessment to modify all or any portion of the following terms
describing the assessment as specified in the ordinance:
(a) The rate of interest the governing body charges on unpaid installments;
(b) Any penalty for prepayment of an assessment;
(c) The principal balance due and owing on the assessment;
(d) The dates upon which unpaid assessments are due;
(e) The number of years over which unpaid assessments are due; or
(f) Any other term specified in the ordinance as necessary to make the ordinance
conform to the requirements of this section.
(5) Before the governing body may amend the ordinance imposing the assessment to
increase the amount of principal and interest due and owing under the assessment, the number of
years over which unpaid assessments are due, or the amount of any unpaid assessments, the
governing body shall:
(a) Obtain consent in writing to the amendment to the ordinance from the owner of each
tract of land that would be affected by the amendment; or
(b) (I) Set a place and time, not less than twenty days nor more than forty days after the
date of such setting, for a hearing on the proposed amendment.
(II) Thereupon, the clerk of the governing body shall cause notice by publication to be
made of the pendency of the proposed amendment, a summary of the terms of such amendment
as described in subsection (4) of this section, and of the time and place of the hearing on the
proposed amendment.
(III) All complaints and objections made in writing concerning the proposed amendment
by the owners of any property in the district shall be heard and determined by the governing
body before final action is taken. If the owners of the tracts upon which more than one-half of
the affected assessments, measured by the unpaid assessment balance, submit written protests to
the amendment to the governing body on or before the date specified in the notice, the governing
body shall not adopt the proposed amendment. Any proposed amendment may be modified,
confirmed, or rescinded prior to passage of the ordinance authorized under subsection (4) of this
section.
(6) Notwithstanding any other provision of law, in order either to issue refunding bonds
or to amend an ordinance of the governing body imposing an assessment pursuant to this section,
the governing body shall make written findings that:
(a) The obligation of the municipality shall not be materially or adversely impaired with
respect to any outstanding bond secured by the assessments; and
(b) The principal balance of any assessment shall not increase to an amount such that the
aggregate amount that is assessed against any one particular tract of land exceeds the maximum
benefit to the tract that is estimated to result from the project that is financed by the assessment
and refunding of the outstanding bonds.

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