Colorado Code § 37-5-106

Conservancy bonds
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(1) The board of directors may, if in its judgment it
seems best, issue conservancy bonds (Schedule Form IV) in an amount not to exceed ninety
percent of the total amount of the construction fund assessment, exclusive of interest, levied
under the provisions of articles 1 to 8 of this title, in denominations of not less than one hundred
dollars, bearing interest from date at a net effective interest rate determined by said board, to
mature at annual intervals within thirty years commencing not later than five years after date, as
may be determined by the board of directors, both principal and interest payable at a place or
places determined by the board of directors and designated in the bonds. Said bonds shall be
signed by the president of the district, and the seal of the district shall be thereunto affixed and
attested by the signature of the secretary. The semiannual payments of interest shall be
evidenced by coupons bearing a lithographed or engraved facsimile of the signature of the
treasurer of the district. In case any officer whose signature or certificate appears upon bonds or
coupons issued pursuant to articles 1 to 8 of this title ceases to be an officer before the delivery
of such bonds to the purchaser, such signature or certificate shall nevertheless be valid and
sufficient for all purposes, the same as if he had remained in office until the delivery of the
bonds.
(2) All of said bonds, when executed, shall be delivered to the treasurer of said district,
who shall sell the same in such quantities and at such times as the board of directors may order
to meet the payments for the works and improvements of the district. Said bonds may be sold
below par, but they shall be sold at such a price that the total payment of principal and interest is
not greater than would have been required if the bonds had borne the net effective interest rate
when issued and had been sold for par and accrued interest. The bonds shall show on their faces
the purpose for which they are issued and shall be payable out of money derived from the
construction fund. A sufficient amount of the assessments shall be appropriated by the board of
directors for the purpose of paying the principal and interest of bonds, and the same shall, when
collected, be set apart in a separate fund for that purpose and no other. All bonds and coupons
not paid at maturity shall bear interest at the net effective interest rate when issued, from
maturity until paid, or until sufficient funds have been deposited at the place of payment. Any
expenses incurred in the issue and sale of said bonds and in paying bonds and interest thereon
may be paid out of any funds in the hands of the district treasurer.
(3) The board of directors, in making assessment levies provided in this article, shall
take into account maturing bonds and interest on all bonds and shall make ample provision for
the payment thereof. In case the proceeds of the original assessments made under the provisions
of articles 1 to 8 of this title are not sufficient to pay punctually the principal of and the interest
upon all bonds issued under this article, then the board of directors shall make such additional
levy or levies against the appraised benefits as may be necessary for such purposes, and under no
circumstances shall any assessment levies be made that will in any manner or to any extent
impair the security of any bond issued under this article or the fund available for the payment of
the principal thereof and interest thereon. But no bond issue under this article, or the assessment
made to pay the same, shall have a priority of lien over any other bond issued or assessment
made under this article. Said district treasurer shall, at the time of taking office, execute and
deliver to the president of the district a bond with good and sufficient sureties to be approved by
the said board of directors, conditioned that he shall account for and pay over as required by law
and as ordered by said board of directors all moneys received by him on the sale of such bonds,
or from any other source, and that he will sell and deliver such bonds to the purchaser or
purchasers thereof, according to the terms prescribed in this article and not otherwise, and that he
will, when ordered by said board to do so, return to said board, duly canceled, all bonds not sold,
which said bonds shall remain in the custody of the president of the district, who shall produce
the same for inspection or for use as evidence whenever and wherever legally required to do so.
(4) The said treasurer shall promptly report all sales of bonds to the board of directors,
and the board of directors shall issue warrants upon the treasurer at the proper time for the
payment of the maturing bonds so sold and the interest payments coming due on all bonds sold,
and said treasurer shall place sufficient funds at the place of payment to pay the same. In case
warrants are not issued by the board of directors as provided in this section, then the treasurer
shall of his own accord place funds at the place of payment, and the canceled bonds and coupons
shall be accepted in lieu of such warrants. The successors in office of any such district treasurer
shall not be entitled to said bonds or the proceeds thereof until he has complied with all the
foregoing provisions applicable to his predecessor in office; but, if it is deemed more expedient
to the board of directors, as to moneys derived from the sale of bonds issued or from any other
source, said board may by resolution select some suitable bank or banks or other depository,
which depository shall give good and sufficient bond, as temporary or assistant treasurer, to hold
and disburse said moneys on the orders of the board of directors as the work progresses, until
such fund is exhausted or transferred to the district treasurer by order of the said board of
directors. For such deposit the district shall receive not less than two percent interest per annum.
The funds derived from the sale of said bonds shall be used for the purpose of paying the cost of
the works and improvements and such costs, expenses, fees, and salaries as may be authorized
by law and shall be used for no other purpose.
(5) If at the time when the bonds are ready to be issued, the board of directors is of the
opinion that such bonds cannot advantageously be issued and sold in whole or in part, the board
may sell parts only of the entire issue or may pledge all or part of said issue as collateral to a
loan, but no partial sale or pledge shall be made without the order of the board made and entered
of record, and no pledge shall be made at a greater margin than at the rate of one hundred dollars
of bond principal for ninety dollars of loan.
(6) The district may borrow money from the United States government and provide for
the repayment thereof in the manner provided for the payment of bonds, and the board of
directors may make any necessary regulations to provide for such payment.
(7) A party who has not sought a remedy against any proceeding under articles 1 to 8 of
this title until after bonds have been sold shall not for any cause have an injunction against the
collection of taxes or assessments for the payment of said bonds.
(8) Articles 1 to 8 of this title shall, without reference to any other law of the general
assembly of the state of Colorado, be full authority for the issuance and sale of the bonds
authorized in articles 1 to 8 of this title, which bonds shall have all the qualities of negotiable
investment securities as provided by article 8 of title 4, C.R.S. and when executed and sealed in
conformity with the provisions of articles 1 to 8 of this title and when sold or pledged in the
manner prescribed in this article, and the consideration therefor received by the district shall not
be invalid for any irregularity or defect in the proceedings for the issue, sale, or pledge thereof
and shall be incontestable in the hands of a holder in due course. No proceedings in respect to
the issuance of any such bonds shall be necessary except such as are required by articles 1 to 8 of
this title.
(9) Whenever the owner of any coupon issued pursuant to the provisions of articles 1 to
8 of this title presents such bond to the treasurer of the district, or to such bank or other
depository as the board of directors of the district may for such purpose designate as registrar,
with a request for the conversion of such bond into a registered bond, the said treasurer, bank, or
other depository shall cut off and cancel the coupons of any such coupon bond so presented and
shall stamp, print, or write upon such coupon bond so presented, either upon the back or the face
thereof, as may be convenient, a statement to the effect that the said bond is registered in the
name of the owner and that thereafter the interest and principal of said bond are payable to the
registered owner. Thereafter and from time to time, such bond may be transferred by such
registered owner in person or by attorney duly authorized on presentation of such bond for
registration as before, a similar statement being stamped, printed, or written thereon. Such
statement stamped, printed, or written upon any such bond may be substantially in the following
form:
"This bond is registered in the name of (here insert name of owner) pursuant to the
provisions of the conservancy law of Colorado, and the interest and principal thereof are
hereafter payable to such owner.
Treasurer (or Registrar)
Conservancy District.
Date ............"
(10) If any bond is registered as provided in subsection (9) of this section, the principal
and interest of such bond shall be payable to the registered owner. The treasurer of the district
shall enter in a register of said bonds to be kept by him or in a separate book the fact of the
registration of such bond and the name of the registered owner thereof, so that the register or
book shall at all times show what bonds are registered and the name of the registered owner
thereof.
(11) All bonds issued by any conservancy district pursuant to articles 1 to 8 of this title
shall be exempt from all state, county, municipal, school, and other taxes imposed by any taxing
authority of the state of Colorado.

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