Colorado Code § 37-48-157

Issuance of general obligation bonds - revenue bonds
Open in Lexace · Ask the AI about this section
(1) (a) In the name
of the subdistrict and not otherwise, when authorized by the plan of organization and decree of
court organizing said subdistrict to do so, the district may issue general obligations or bonds
which shall constitute a lien against the real property in said subdistrict. Said obligations shall
bear interest at a rate such that the net effective interest rate of the issue does not exceed the
maximum net effective interest rate authorized. Interest shall be payable semiannually, and said
obligations may be made payable in series becoming due not less than five years and not more
than fifty years after the date of issue. The bonds may be sold in one or more series at par, or
below or above par, at public or private sale, in such manner and for such price as the district, in
its discretion, shall determine. As an incidental expense of the issuance, the district, in its
discretion, may employ financial and legal consultants in regard to the financing of the official
plan. The district may exchange all or a part of its bonds for all or an equivalent part of property
or services included in the official plan for which the bonds are issued, the exchange to be
preceded by determination of the fair value of the property or services exchanged for the bonds.
Such determination shall be by resolution of the board of directors and shall be conclusive.
(b) Such bonds are to be paid from assessments levied from time to time, as the bonds
and interest thereon become due, against the taxable property in said subdistrict and not
otherwise. Such levies shall not be limited as to rate or amount; except that they shall not exceed
a rate reasonably required to yield funds needed to pay said bonds and interest as they mature,
plus any other amounts required for debt service, less the amount of any other funds available to
the subdistrict for payment of said bonds and debt service. The board of directors of said district
shall certify, to the boards of county commissioners of the several counties in which said
subdistrict or any part thereof is located, the amount of the levy necessary to be made upon the
taxable property in the subdistrict to yield the required funds becoming due on all outstanding
bonds at the same time that certifications of the district's mill levy assessment for general district
purposes are made, and the procedure for the assessment and collection of ad valorem taxes of
the county is, except as may be otherwise provided in this article, made applicable and is to be
followed in the levy of assessments for payment of taxes and collection of principal and debt
service on such general obligations or bonds. If the subdistrict has a board of managers, said
board of managers shall certify to the district board the amount of money needed to be raised by
such assessment, and the district board shall, if it deems the amount to be correct, thereupon
determine the levy necessary to raise such funds and certify the same to the boards of county
commissioners as provided in this section.
(2) (a) The subdistrict, in its own name, may issue revenue bonds to finance, in whole or
in part, the construction of works, reservoirs, or other improvements provided for in the official
plan for the beneficial use of water for the purposes for which it has been or may be
appropriated, whether or not the interest on such bonds may be subject to taxation. Such revenue
bonds shall be issued in such denominations and with such maximum net effective interest rate
as may be fixed by the board of directors of the district and shall bear interest such that the net
effective interest rate of the bonds does not exceed the maximum net effective interest rate
authorized. The bonds may be sold in one or more series at par, or below or above par, at public
or private sale, in such manner and for such price as the district, in its discretion, shall determine.
As an incidental expense of the issuance, the subdistrict, in its discretion, may employ financial
and legal consultants in regard to the financing of the official plan. The subdistrict may exchange
all or a part of its bonds for all or an equivalent part of property or services included in the
official plan for which the bonds are issued, the exchange to be preceded by determination of the
fair value of the property or services exchanged for the bonds. Such determination shall be by
resolution of the board of directors and shall be conclusive.
(b) The board of directors shall pledge only rental proceeds, service charges, user fees,
and other income, or any combination thereof, from such works, plans of water management, or
other improvements of the subdistrict, and neither the district nor the subdistrict shall be
otherwise obligated for the payment thereof. At the time said revenue bonds are issued, the board
of directors of the district shall make and enter in the minutes of the proceeding a resolution that
sets out the due dates of such revenue bonds, the rates of interest thereon, the general provisions
of the bonds, and a recital that the same are payable only out of the rental proceeds, service
charges, and other income, or any combination thereof that are pledged for payment of the
revenue bonds. In addition, the board of directors shall require the payment of rental charges,
service charges, or other charges by the political subdivisions, persons, or land owners that are to
use or derive benefits from the water or other services financed by the revenue bonds. Such
charges shall be sufficient to pay operation and maintenance expenses of any works or
improvements or any water management plan financed by the revenue bonds, to meet said
revenue bond payments, and to accumulate and maintain reserve and replacement accounts
pertaining thereto as set forth in such resolution. Such resolution shall be irrepealable during the
time that any of the revenue bonds are outstanding and unpaid. The revenue bonds shall be
signed "Water Users' Association No. .... in the Rio Grande Water Conservation District, By
............, President. Attest ..........., Secretary" or "Special Improvement District No. .... in the Rio
Grande Water Conservation District, By ........., President. Attest ............, Secretary", and they
shall be countersigned by the treasurer.

‹ Prev All Colorado sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.