C.R.S. Section 31-35-409
Remedies of bondholders

(1)

Subject to any contractual limitations binding upon the holders of any issue of bonds or the trustee therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion or percentage of such holders, any holder of bonds or trustee therefor has the right and power, for the equal benefit and protection of all holders of bonds similarly situated:

(a)

To enforce his rights against the municipality and its governing body and any of its officers, agents, and employees by an action in the nature of mandamus or other suit, action, or proceeding at law or in equity and to require and compel such municipalities or such governing body or any such officers, agents, or employees to perform and carry out their duties and obligations under this part 4 and their covenants and agreements with the bondholders;

(b)

To require the municipality and the governing body thereof to account as if they were the trustee of an express trust by action or suit in equity;

(c)

To enjoin any acts or things which may be unlawful or in violation of the rights of the bondholders by action or suit in equity; and

(d)

To bring suit upon the bonds.

(2)

No right or remedy conferred by this part 4 upon any holder of bonds or any trustee therefor is intended to be exclusive of any other right or remedy, but each such right or remedy is cumulative and in addition to every other right or remedy and may be exercised without exhausting and without regard to any other remedy conferred by this part 4 or by any other law.

Source: Section 31-35-409 — Remedies of bondholders, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-31.­pdf (accessed Oct. 20, 2023).

31‑35‑101
Powers - canals - water rights - diversion - ratification of prior rights 31‑35‑102
Ditch and canal management 31‑35‑103
Trustees of waterworks - duties 31‑35‑104
First election of trustees 31‑35‑105
Trustees - qualifications 31‑35‑106
Regular election of trustees 31‑35‑107
Trustees - quorum - existing boards - secretary 31‑35‑108
Acts of board - meetings - vacancies - compensation and bond 31‑35‑109
Semiannual statement of condition 31‑35‑110
Annual statement of estimate 31‑35‑111
Election 31‑35‑201
Leasing of water - no rights vested 31‑35‑301
Construction of water mains 31‑35‑302
Petition - plans - contract 31‑35‑303
Necessity declared by ordinance 31‑35‑304
Streets and alleys - eminent domain 31‑35‑305
Sidewalks - assessment - hearing - lien 31‑35‑306
Other laws not affected 31‑35‑401
Definitions 31‑35‑402
Powers 31‑35‑403
Authorization of facilities and bonds 31‑35‑404
Bond provisions 31‑35‑405
Signatures on bonds 31‑35‑406
Tax exemption 31‑35‑407
Covenants in bond ordinance 31‑35‑408
No municipal liability on bonds 31‑35‑409
Remedies of bondholders 31‑35‑410
Construction of part 4 31‑35‑411
Pledge of other utility revenues 31‑35‑412
Refunding bonds 31‑35‑413
Incontestable recital in bonds 31‑35‑414
Application of bond proceeds 31‑35‑415
Continuing rights of bondholders 31‑35‑416
Validation 31‑35‑417
Effect of and limitations upon validation 31‑35‑501
Creation of board 31‑35‑502
Board - appointments - removal - bonds - meetings 31‑35‑503
Oath - officers 31‑35‑504
Board’s administrative powers 31‑35‑505
Meetings of board 31‑35‑506
Additional administrative powers 31‑35‑507
Budgets, accounts, and audits 31‑35‑508
Records of board 31‑35‑509
Conflicts in interest prohibited 31‑35‑510
Authorization of facilities 31‑35‑511
Implementing powers 31‑35‑512
Additional powers of municipality 31‑35‑513
Financial powers of municipality 31‑35‑514
Other powers of board 31‑35‑601
Owner to be notified 31‑35‑602
Resolution adopted 31‑35‑603
Cost of connection ascertained 31‑35‑604
Work accepted - assessment - certified copy filed - lien 31‑35‑605
Appropriation from general fund 31‑35‑606
Assessments payable - proviso 31‑35‑607
Payment in installments optional 31‑35‑608
Installment payments - due date - interest 31‑35‑609
Default in payment - penalty 31‑35‑610
Discount for cash payment 31‑35‑611
Payment of assessments - default - sale 31‑35‑612
Owner of interest may pay his share 31‑35‑613
When collections paid to municipality 31‑35‑614
Construction of part 6 31‑35‑615
Governing body to fix rates and charges 31‑35‑616
Revenue kept in separate fund 31‑35‑617
Failure to pay rates and charges - lien 31‑35‑618
Prior rates and charges declared valid 31‑35‑619
Surplus revenue diverted to general fund 31‑35‑701
Cities or towns may provide service outside boundaries 31‑35‑702
Governing body agency of state 31‑35‑703
Publication of ordinance 31‑35‑704
Contents of ordinance 31‑35‑705
Protest - board of adjustment 31‑35‑706
Continuing annual charges 31‑35‑707
Date and place of payment 31‑35‑708
Nonpayment - penalty - lien 31‑35‑709
Voluntary discontinuance by owner 31‑35‑710
Duty to maintain system 31‑35‑711
Rates may be collected by action 31‑35‑712
Owner to obtain permit - penalty
Green check means up to date. Up to date

Current through Fall 2024

§ 31-35-409’s source at colorado​.gov