Colorado Code § 32-11-554

Covenants and other provisions
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(1) Any resolution providing for the
issuance of any bonds or other district securities under this article payable from pledged
revenues, and any indenture or other instrument or proceedings pertaining thereto, may at the
discretion of the board contain covenants or other provisions, notwithstanding such covenants
and provisions may limit the exercise of powers conferred by this article, in order to secure the
payment of such securities, in agreement with the holders of such securities, including without
limitation covenants or other provisions as to any one or more of the following:
(a) The pledged revenues and, in the case of general obligations, the taxes to be fixed,
charged, or levied, and the collection, use, and disposition thereof, including but not limited to
the foreclosure of liens for delinquencies, the discontinuance of services, facilities, or use of any
properties or facilities, prohibition against free service, the collection of penalties and collection
costs, and the use and disposition of any moneys of the district, derived or to be derived from
any source designated in this article;
(b) The acquisition, improvement, or equipment of all or any part of properties
pertaining to any project or the facilities;
(c) The creation and maintenance of reserves or sinking funds to secure the payment of
the principal of and interest on any securities or of operation and maintenance expenses of the
facilities, or part thereof, and the source, custody, security, regulation, use, and disposition of
any such reserves or funds, including but not limited to the powers and duties of any trustee with
regard thereto;
(d) A fair and reasonable payment by the district from its general fund or other available
moneys to the account of any designated facilities for services rendered thereby to the district;
(e) The payment of the cost of any project by delineating the purposes to which the
proceeds of the sale of securities may be applied, and the custody, security, use, expenditure,
application, and disposition thereof;
(f) The temporary investment and any reinvestment of the proceeds of bonds, any other
securities, any taxes, or any pledged revenues, or any combination thereof, in securities meeting
the investment requirements established in part 6 of article 75 of title 24, C.R.S.;
(g) The pledge of and the creation of a lien upon pledged revenues or the proceeds of
bonds or other district securities pending their application to defray the cost of the project, or
both such revenues and proceeds of such securities, to secure the payment of bonds or other
securities issued under this article;
(h) The payment of the principal of and interest on any securities, and any prior
redemption premiums due in connection therewith, and the sources and methods thereof, the
rank or priority of any securities as to any lien or security for payment, or the acceleration of any
maturity of any securities, or the issuance of other or additional securities payable from or
constituting a charge against or lien upon any pledged revenues or other moneys pledged for the
payment of securities and the creation of future liens and encumbrances thereagainst;
(i) The use, regulation, inspection, management, operation, maintenance, or disposition,
or any limitation or regulation of the use of all or any part of the facilities or any property of the
district pertaining thereto;
(j) The determination or definition of pledged revenues from the facilities or of operation
and maintenance expenses of the facilities, the use and disposition of such revenues, and the
manner of and limitations upon paying such expenses;
(k) The creation of special funds and accounts pertaining to any pledged revenues or to
the bonds or other securities issued under this article;
(l) The insurance to be carried by the district or any person in interest and use and
disposition of insurance moneys, the acquisition of completion, performance, surety, and fidelity
bonds pertaining to any project or funds, or both, and the use and disposition of any proceeds of
such bonds;
(m) Books of account, the inspection and audit thereof, and other records pertaining to
any project, the facilities, or pledged revenues;
(n) The assumption or payment or discharge of any obligation, lien, or other claim
relating to any part of any project, the facilities, or any securities having a lien on any part of any
pledged revenues or other moneys of the district;
(o) Limitations on the powers of the district to acquire or operate, or permit the
acquisition or operation of, any structures, the facilities or properties of which may compete or
tend to compete with the facilities;
(p) The vesting in a corporate or other trustee such property, rights, powers, and duties in
trust as the board may determine which may include any or all of the rights, powers, and duties
of the trustee appointed by the holders of securities, and limiting or abrogating the right of such
holders to appoint a trustee, or limiting the rights, duties, and powers of such trustee;
(q) Events of default, rights, and liabilities arising therefrom, and the rights, liabilities,
powers, and duties arising upon the breach by the district of any covenants, conditions, or
obligations;
(r) The terms and conditions upon which the holders of the securities or any portion,
percentage, or amount of them may enforce any covenants or provisions made under this article
or duties imposed by this article;
(s) The terms and conditions upon which the holders of the securities or of a specified
portion, percentage, or amount thereof, or any trustee therefor, shall be entitled to the
appointment of a receiver, which receiver may enter and take possession of any facilities or
service, operate and maintain the same, prescribe fees, rates, and charges, and collect, receive,
and apply all revenues thereafter arising therefrom in the same manner as the district itself might
do;
(t) A procedure by which the terms of any resolution authorizing securities, or any other
contract with any holders of securities, including but not limited to an indenture of trust or
similar instrument, may be amended or abrogated, and as to the proportion, percentage, or
amount of securities the holders of which must consent thereto, and the manner in which such
consent may be given;
(u) The terms and conditions upon which any or all of the securities shall become or may
be declared due before maturity, and as to the terms and conditions upon which such declaration
and its consequences may be waived; and
(v) All such acts and things as may be necessary or convenient or desirable in order to
secure the securities, or in the discretion of the board tend to make the securities more
marketable, notwithstanding that such covenant, act, or thing may not be enumerated in this
article, it being the intention of this article to give the board power to do in the name and on
behalf of the district all things in the issuance of district securities and for their security except as
expressly limited in this article.

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