C.R.S. Section 37-47-145
Rights

  • powers of holders of bonds
  • trustees

(1)

Subject to any contractual limitations binding upon the holders of any issue or series of bonds of the district or subdistrict issuing bonds under this article, or the trustee therefor, including, without limitation, the restriction of the exercise of any remedy to a specified proportion, percentage, or number of such holders, and subject to any prior or superior rights of others, any holder of bonds, or the trustee therefor, shall have the right and power, for the equal benefit and protection of all holders of bonds similarly situated:

(a)

By mandamus or other suit, action, or proceeding at law or in equity, to enforce his rights against the district, subdistrict, or board of directors, or any combination thereof, or any of the officers, agents, and employees of the district or subdistrict to require and compel such district, subdistrict, or board or any of such officers, agents, or employees to perform and carry out their respective duties, obligations, or other commitments under this article and their respective covenants and agreements with the holder of any bond;

(b)

By action or suit in equity, to require the district or subdistrict to account as if it were the trustee of an express trust;

(c)

By action or suit in equity, to have a receiver appointed, which receiver may enter and take possession of any facilities and any pledged revenues for the payment of the bonds, prescribe sufficient fees, rates, and other charges derived from the facilities, and collect, receive, and apply all pledged revenues or other moneys pledged for the payment of the bonds in the same manner as the district or subdistrict itself might do in accordance with the obligations of the district or subdistrict; and

(d)

By action or suit in equity, to enjoin any acts or things which may be unlawful or in violation of the rights of the holder of any bonds and to bring suit thereupon.

Source: Section 37-47-145 — Rights - powers of holders of bonds - trustees, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-37.­pdf (accessed Oct. 20, 2023).

37‑47‑101
Legislative declaration - rivers named 37‑47‑102
Definitions 37‑47‑103
Creation and name of district 37‑47‑104
Board of directors 37‑47‑105
Allowance for directors 37‑47‑106
Vacancy in office of director 37‑47‑107
Powers of district 37‑47‑108
Principal office - meetings 37‑47‑109
Assessment and levy by board 37‑47‑110
Creation of subdistricts 37‑47‑111
Rules and regulations 37‑47‑112
Procedure for establishment of subdistricts 37‑47‑113
Time and place of hearing on petition 37‑47‑114
Recording of protest - procedure - decree - fee 37‑47‑115
Plan for subdistrict 37‑47‑116
Appointment of appraisers 37‑47‑117
Compensation of appraisers 37‑47‑118
Directors bound by financing plan 37‑47‑119
Assessments - procedure in making 37‑47‑120
Improvement district bonds 37‑47‑121
Assessments constitute perpetual lien 37‑47‑122
Directors to remedy defects in assessments 37‑47‑123
Record of assessments as evidence 37‑47‑124
Defects in notice perfected 37‑47‑125
Contracts of subdistricts 37‑47‑126
Issuance of general obligation bonds and revenue bonds 37‑47‑127
Board to certify assessments 37‑47‑128
Limitations on power to levy and contract 37‑47‑129
Investment of surplus funds 37‑47‑130
Sinking fund 37‑47‑131
Court confirmation 37‑47‑132
Subdistrict furnishing water to nonirrigated land 37‑47‑133
Election to authorize debt 37‑47‑134
Definition of elector 37‑47‑135
Elections 37‑47‑136
Election resolution 37‑47‑137
Conduct of election 37‑47‑138
Notice of election 37‑47‑139
Polling places 37‑47‑140
Election supplies 37‑47‑141
Election returns 37‑47‑142
Debt election contests 37‑47‑143
Covenants and other provisions in bonds 37‑47‑144
Liens on pledged revenues 37‑47‑145
Rights - powers of holders of bonds - trustees 37‑47‑146
Investments and securities 37‑47‑147
Rents and charges 37‑47‑148
Miscellaneous powers 37‑47‑149
Cooperative powers 37‑47‑150
Joint action entity 37‑47‑151
Correlative powers of political subdivisions
Green check means up to date. Up to date

Current through Fall 2024

§ 37-47-145’s source at colorado​.gov