(1) Revenue bonds issued under this part 4
shall bear interest at a rate such that the net effective interest rate of the issue of
bonds does not exceed the maximum net effective interest rate authorized, payable
semiannually or annually, and evidenced by one or two sets of coupons, if any,
executed with the facsimile or manually executed signature of any official of the
municipality; except that the first coupon appertaining to any bond may evidence
interest not in excess of one year. The resolution authorizing the issuance of such
bonds shall specify the maximum net effective interest rate. Such bonds may be
issued in one or more series, may bear such date, may mature at such time not
exceeding the estimated life of the water facilities or sewerage facilities or both, to
be acquired with the bond proceeds, as determined by the governing body, but in no
event beyond forty years from their respective dates, may be in such denomination,
may be payable in such medium of payment, at such place within or without the
state, including but not limited to the office of any county treasurer in which the
municipality is located wholly or in part, may carry such registration privileges, may
be subject to such terms of prior redemption in advance of maturity in such order or
by lot or otherwise at such time with or without a premium, may be executed in such
manner, may bear such privileges for reissuance in the same or other denomination,
may be so reissued, without modification of maturities and interest rates, and may
be in such form, either coupon or registered, as may be provided by the governing
body.
(2) (a) The governing body may provide for preferential security for any
bonds, both principal and interest, to be issued under this part 4 to the extent
deemed feasible and desirable by such governing body over any bonds that may be
issued thereafter.
(b) Said bonds may be sold at, above, or below the principal amounts thereof,
but they may not be sold at a price such that the net effective interest rate of the
issue of bonds exceeds the maximum net effective interest rate authorized.
(c) Said bonds may be sold at public or private sale upon such terms and
conditions as the governing body shall determine; except that, if said bonds are
sold at public sale, notice of such sale shall be published once at least five days
prior to such sale in a newspaper circulating in the municipality and in a financial
newspaper published in either Denver, Colorado; San Francisco, California; Chicago,
Illinois; or New York, New York.
(3) Bonds may be issued with privileges for conversion or registration or
both, for payment as to principal or interest or both, and where interest accruing on
the bonds is not represented by interest coupons, the bonds may provide for the
endorsing of payments of interest thereon; and the bonds generally shall be issued
in such manner, in such form, either coupon or registered, with such recitals, terms,
covenants, and conditions, and with such other details as may be provided by the
governing body, except as otherwise provided in this part 4.
(4) Subject to the payment provisions specifically provided in this part 4, said
bonds, any interest coupons thereto attached, and any temporary bonds shall be
fully negotiable within the meaning of and for all the purposes of article 8 of title 4,
C.R.S., except as the governing body may otherwise provide; and each holder of
each such security, by accepting such security, shall be conclusively deemed to
have agreed that such security, except as otherwise provided, is and shall be fully
negotiable within the meaning and for all purposes of article 8 of title 4, C.R.S.
(5) Notwithstanding any other provision of law, the governing body in any
proceedings authorizing bonds under this part 4:
(a) May provide for the initial issuance of one or more bonds, referred to in
this subsection (5) as bond, aggregating the amount of the entire issue;
(b) May make such provision for installment payments of the principal
amount of any such bond as it may consider desirable;
(c) May provide for the making of any such bond, payable to bearer or
otherwise, registrable as to principal or as to both principal and interest and, where
interest accruing thereon is not represented by interest coupons, for the endorsing
of payments of interest on such bond; and
(d) May further make provision in any such proceedings for the manner and
circumstances in and under which any such bond may in the future, at the request
of the holder thereof, be converted into bonds of smaller denominations, which
bonds of smaller denominations may in turn be either coupon bonds or bonds
registrable as to principal or principal and interest, or both.
(6) If lost or completely destroyed, any security authorized in this part 4 may
be reissued in the form and tenor of the lost or destroyed security upon the owner
furnishing, to the satisfaction of the governing body: Proof of ownership; proof of
loss or destruction; a surety bond in twice the face amount of the security, including
any unmatured coupons appertaining thereto; and payment of the cost of preparing
and issuing the new security.
(7) Any officer authorized to execute any bond, after filing with the secretary
of state his manual signature certified by him under oath, may execute or cause to
be executed, with a facsimile signature in lieu of his manual signature, any bond
authorized in this part 4 if such a filing is not a condition of execution with a
facsimile signature of any interest coupon and if at least one signature required or
permitted to be placed on each such bond, excluding any interest coupon, is
manually subscribed. An officer's facsimile signature has the same legal effect as
his manual signature.
(8) The clerk of the municipality may cause the seal of the municipality to be
printed, engraved, stamped, or otherwise placed in facsimile on any bond. The
facsimile seal has the same legal effect as the impression of the seal.
(9) The ordinance or resolution authorizing any bonds or other instrument
appertaining thereto may contain any agreement or provision customarily contained
in instruments securing revenue bonds, including, without limiting the generality of
the foregoing, covenants designated in section 31-35-407.