Colorado Code § 37-48-185

Covenants and other provisions in bonds
Open in Lexace · Ask the AI about this section
(1) Any resolution providing
for the issuance of any bonds under this article payable from pledged revenues and any indenture
or other instrument or proceedings pertaining thereto may at the discretion of the board of
directors contain covenants or other provisions, notwithstanding that such covenants and
provisions may limit the exercise of powers conferred by this article, in order to secure the
payment of such bonds, in agreement with the holders of such bonds, 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, without limitation,
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 or subdistrict issuing bonds,
derived or to be derived, from any source designated;
(b) The acquisition, improvement, or equipment of all or any part of properties
pertaining to any project or any facilities;
(c) The creation and maintenance of reserves or sinking funds to secure the payment of
the principal of and the interest on any bonds or of the operation and maintenance expenses of
any facilities, or part thereof, and the source, custody, security, regulation, use, and disposition
of any such reserves or funds, including, without limitation, the powers and duties of any trustee
with regard thereto;
(d) Limitations on the powers of the district or subdistrict to acquire or operate, or permit
the acquisition or operation of, any structures, facilities, or properties which may compete or
tend to compete with any facilities;
(e) The vesting in a corporate or other trustee or trustees of such property, rights,
powers, and duties in trust as the board of directors may determine, which may include any or all
of the rights, powers, and duties of the trustee appointed by the holders of bonds, and limiting or
abrogating the rights of such holders to appoint a trustee, or limiting the rights, duties, and
powers of such trustee;
(f) Events of default, rights, and liabilities arising therefrom and the rights, liabilities,
powers, and duties arising upon the breach by the district or subdistrict of any covenants,
conditions, or obligations;
(g) The terms and conditions upon which the holders of the bonds 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 other charges, and collect,
receive, and apply all revenues thereafter arising therefrom in the same manner as the district or
subdistrict itself might do;
(h) A procedure by which the terms of any resolution authorizing bonds or any other
contract with any holders of district or subdistrict bonds, including, without limitation, an
indenture of trust or similar instrument, may be amended or abrogated, and as to the proportion,
percentage, or amount of bonds the holders of which must consent thereto, and the manner in
which such consent may be given;
(i) The terms and conditions upon which any or all of the bonds 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
(j) All such acts and things as may be necessary or convenient or desirable in order to
secure the bonds or, in the discretion of the board of directors, tend to make the bonds 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 to the board of directors power to do in the
name and on behalf of the district or subdistrict all things in the issuance of district or subdistrict
bonds and for their security, except as expressly limited in this article.

‹ 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.