C.R.S. Section 37-46-143
Covenants and other provisions in bonds

(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.

Source: Section 37-46-143 — Covenants and other provisions in bonds, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-37.­pdf (accessed Oct. 20, 2023).

37‑46‑101
Legislative declaration 37‑46‑102
Definitions 37‑46‑103
District body corporate - area 37‑46‑104
Board of directors 37‑46‑105
Compensation of directors 37‑46‑106
Vacancies - secretary and treasurer 37‑46‑107
General powers 37‑46‑108
Principal office - meetings 37‑46‑109
Authority of board to levy taxes 37‑46‑109.3
Taxes - determination and collection 37‑46‑109.4
Levies to cover district’s deficiencies 37‑46‑110
Organization 37‑46‑111
Rules and regulations 37‑46‑112
Petition 37‑46‑113
Notice of hearing on petition 37‑46‑114
Protesting of petitions 37‑46‑114.5
Alternative procedure for organizing a subdistrict 37‑46‑115
Board of directors to prepare plans 37‑46‑116
Appointment of appraisers 37‑46‑117
Compensation of appraisers 37‑46‑118
Board bound by financing plan 37‑46‑119
Directors may make assessments 37‑46‑120
Improvement district bonds 37‑46‑121
Assessments perpetual lien 37‑46‑122
Invalid assessments - board remedy 37‑46‑123
Assessment record as evidence 37‑46‑124
Remedies in case of faulty notice 37‑46‑125
Lawful contracts 37‑46‑126
Issuance of general obligation bonds and revenue bonds 37‑46‑126.2
Subdistrict’s levy of taxes 37‑46‑126.3
Levy and collection of subdistrict’s taxes 37‑46‑126.4
Levies to cover subdistrict deficiencies 37‑46‑126.5
County to levy and collect 37‑46‑126.6
Delinquent taxes 37‑46‑127
Maintenance assessment 37‑46‑128
Annual levy limit 37‑46‑129
Investment of surplus funds 37‑46‑130
Sinking fund 37‑46‑131
Court confirmation 37‑46‑132
Allocation of water or service 37‑46‑133
Election to authorize debt 37‑46‑134
Definition of elector 37‑46‑135
Elections 37‑46‑136
Election resolution 37‑46‑137
Conduct of election 37‑46‑138
Notice of election 37‑46‑139
Polling places 37‑46‑140
Election supplies 37‑46‑141
Election returns 37‑46‑142
Debt election contests 37‑46‑143
Covenants and other provisions in bonds 37‑46‑144
Liens on pledged revenues 37‑46‑145
Rights - powers of holders of bonds - trustees 37‑46‑146
Investments and securities 37‑46‑147
Rents and charges 37‑46‑148
Miscellaneous powers 37‑46‑149
Cooperative powers 37‑46‑150
Joint action entity 37‑46‑151
Correlative powers of political subdivisions
Green check means up to date. Up to date

Current through Fall 2024

§ 37-46-143’s source at colorado​.gov