§ 37-26-109 — District to file verified return - decree

Colorado § 37-26-109

• Jurisdiction: Colorado
• Title 37: Water and
• Art.: Refunding Bonds

Text

(1) After the expiration of
ninety days from the date of the first publication of said notice, said district shall
file in the proceeding in said district court its verified return of its acts under the
order of the court theretofore made, attaching thereto affidavits of the printers or
publishers of said newspapers of the publication of said notice in three newspapers.

(2) Thereupon said court shall forthwith hear said cause and shall enter a
decree of court adjudging that all owners and holders of said bonds, or interest
coupons to be retired or refunded by said plan and proceeding of the district, who
have not within ninety days after the date of the first publication of said notice filed
in said court their written dissent and objections to the proceedings have consented
that their said bonds or interest coupons be retired or refunded under the proposed
plan. In the decree the court shall direct the officers of said district to deposit with
the Colorado water conservation board, as trustee for the persons entitled thereto,
the pro rata part of the cash or refunding bonds which, under said settlement,
belongs to the holders of said bonds, claims for interest, or interest coupons whose
consent was so obtained by said court proceedings.

(3) Said decree shall further provide that, upon the payment of said money or
bonds or interest coupons to the Colorado water conservation board as trustee, said
bonds or interest coupons so held by said holders shall be deemed paid and no
longer an obligation of said district and that, upon the surrender to the Colorado
water conservation board of said bonds, together with the unpaid interest coupons
belonging to same, the Colorado water conservation board shall pay on demand to
said holders their pro rata part of the moneys or bonds so deposited with it as
trustee and shall mark said bonds canceled and deliver same to the drainage
district.

Legislative History

Source: L. 33: p. 457, � 7. CSA: C. 57, � 103. CRS 53: � 47-7-9. C.R.S. 1963: � 47-7-9. L. 91: (2) and (3) amended, p. 892, � 22, effective June 5.