(1) The board of directors may, if in its
judgment it seems best, issue conservancy bonds (Schedule Form IV) in an amount
not to exceed ninety percent of the total amount of the construction fund
assessment, exclusive of interest, levied under the provisions of articles 1 to 8 of
this title, in denominations of not less than one hundred dollars, bearing interest
from date at a net effective interest rate determined by said board, to mature at
annual intervals within thirty years commencing not later than five years after date,
as may be determined by the board of directors, both principal and interest payable
at a place or places determined by the board of directors and designated in the
bonds. Said bonds shall be signed by the president of the district, and the seal of
the district shall be thereunto affixed and attested by the signature of the
secretary. The semiannual payments of interest shall be evidenced by coupons
bearing a lithographed or engraved facsimile of the signature of the treasurer of
the district. In case any officer whose signature or certificate appears upon bonds
or coupons issued pursuant to articles 1 to 8 of this title ceases to be an officer
before the delivery of such bonds to the purchaser, such signature or certificate
shall nevertheless be valid and sufficient for all purposes, the same as if he had
remained in office until the delivery of the bonds.
(2) All of said bonds, when executed, shall be delivered to the treasurer of
said district, who shall sell the same in such quantities and at such times as the
board of directors may order to meet the payments for the works and improvements
of the district. Said bonds may be sold below par, but they shall be sold at such a
price that the total payment of principal and interest is not greater than would have
been required if the bonds had borne the net effective interest rate when issued
and had been sold for par and accrued interest. The bonds shall show on their faces
the purpose for which they are issued and shall be payable out of money derived
from the construction fund. A sufficient amount of the assessments shall be
appropriated by the board of directors for the purpose of paying the principal and
interest of bonds, and the same shall, when collected, be set apart in a separate
fund for that purpose and no other. All bonds and coupons not paid at maturity shall
bear interest at the net effective interest rate when issued, from maturity until paid,
or until sufficient funds have been deposited at the place of payment. Any
expenses incurred in the issue and sale of said bonds and in paying bonds and
interest thereon may be paid out of any funds in the hands of the district treasurer.
(3) The board of directors, in making assessment levies provided in this
article, shall take into account maturing bonds and interest on all bonds and shall
make ample provision for the payment thereof. In case the proceeds of the original
assessments made under the provisions of articles 1 to 8 of this title are not
sufficient to pay punctually the principal of and the interest upon all bonds issued
under this article, then the board of directors shall make such additional levy or
levies against the appraised benefits as may be necessary for such purposes, and
under no circumstances shall any assessment levies be made that will in any
manner or to any extent impair the security of any bond issued under this article or
the fund available for the payment of the principal thereof and interest thereon. But
no bond issue under this article, or the assessment made to pay the same, shall
have a priority of lien over any other bond issued or assessment made under this
article. Said district treasurer shall, at the time of taking office, execute and deliver
to the president of the district a bond with good and sufficient sureties to be
approved by the said board of directors, conditioned that he shall account for and
pay over as required by law and as ordered by said board of directors all moneys
received by him on the sale of such bonds, or from any other source, and that he will
sell and deliver such bonds to the purchaser or purchasers thereof, according to the
terms prescribed in this article and not otherwise, and that he will, when ordered by
said board to do so, return to said board, duly canceled, all bonds not sold, which
said bonds shall remain in the custody of the president of the district, who shall
produce the same for inspection or for use as evidence whenever and wherever
legally required to do so.
(4) The said treasurer shall promptly report all sales of bonds to the board of
directors, and the board of directors shall issue warrants upon the treasurer at the
proper time for the payment of the maturing bonds so sold and the interest
payments coming due on all bonds sold, and said treasurer shall place sufficient
funds at the place of payment to pay the same. In case warrants are not issued by
the board of directors as provided in this section, then the treasurer shall of his own
accord place funds at the place of payment, and the canceled bonds and coupons
shall be accepted in lieu of such warrants. The successors in office of any such
district treasurer shall not be entitled to said bonds or the proceeds thereof until he
has complied with all the foregoing provisions applicable to his predecessor in
office; but, if it is deemed more expedient to the board of directors, as to moneys
derived from the sale of bonds issued or from any other source, said board may by
resolution select some suitable bank or banks or other depository, which depository
shall give good and sufficient bond, as temporary or assistant treasurer, to hold and
disburse said moneys on the orders of the board of directors as the work
progresses, until such fund is exhausted or transferred to the district treasurer by
order of the said board of directors. For such deposit the district shall receive not
less than two percent interest per annum. The funds derived from the sale of said
bonds shall be used for the purpose of paying the cost of the works and
improvements and such costs, expenses, fees, and salaries as may be authorized by
law and shall be used for no other purpose.
(5) If at the time when the bonds are ready to be issued, the board of
directors is of the opinion that such bonds cannot advantageously be issued and
sold in whole or in part, the board may sell parts only of the entire issue or may
pledge all or part of said issue as collateral to a loan, but no partial sale or pledge
shall be made without the order of the board made and entered of record, and no
pledge shall be made at a greater margin than at the rate of one hundred dollars of
bond principal for ninety dollars of loan.
(6) The district may borrow money from the United States government and
provide for the repayment thereof in the manner provided for the payment of bonds,
and the board of directors may make any necessary regulations to provide for such
payment.
(7) A party who has not sought a remedy against any proceeding under
articles 1 to 8 of this title until after bonds have been sold shall not for any cause
have an injunction against the collection of taxes or assessments for the payment
of said bonds.
(8) Articles 1 to 8 of this title shall, without reference to any other law of the
general assembly of the state of Colorado, be full authority for the issuance and
sale of the bonds authorized in articles 1 to 8 of this title, which bonds shall have all
the qualities of negotiable investment securities as provided by article 8 of title 4,
C.R.S. and when executed and sealed in conformity with the provisions of articles 1
to 8 of this title and when sold or pledged in the manner prescribed in this article,
and the consideration therefor received by the district shall not be invalid for any
irregularity or defect in the proceedings for the issue, sale, or pledge thereof and
shall be incontestable in the hands of a holder in due course. No proceedings in
respect to the issuance of any such bonds shall be necessary except such as are
required by articles 1 to 8 of this title.
(9) Whenever the owner of any coupon issued pursuant to the provisions of
articles 1 to 8 of this title presents such bond to the treasurer of the district, or to
such bank or other depository as the board of directors of the district may for such
purpose designate as registrar, with a request for the conversion of such bond into
a registered bond, the said treasurer, bank, or other depository shall cut off and
cancel the coupons of any such coupon bond so presented and shall stamp, print, or
write upon such coupon bond so presented, either upon the back or the face
thereof, as may be convenient, a statement to the effect that the said bond is
registered in the name of the owner and that thereafter the interest and principal of
said bond are payable to the registered owner. Thereafter and from time to time,
such bond may be transferred by such registered owner in person or by attorney
duly authorized on presentation of such bond for registration as before, a similar
statement being stamped, printed, or written thereon. Such statement stamped,
printed, or written upon any such bond may be substantially in the following form:
This bond is registered in the name of (here insert name of owner) pursuant
to the provisions of the conservancy law of Colorado, and the interest and principal
thereof are hereafter payable to such owner.
Treasurer (or Registrar)
Conservancy District.
Date ............
(10) If any bond is registered as provided in subsection (9) of this section, the
principal and interest of such bond shall be payable to the registered owner. The
treasurer of the district shall enter in a register of said bonds to be kept by him or in
a separate book the fact of the registration of such bond and the name of the
registered owner thereof, so that the register or book shall at all times show what
bonds are registered and the name of the registered owner thereof.
(11) All bonds issued by any conservancy district pursuant to articles 1 to 8 of
this title shall be exempt from all state, county, municipal, school, and other taxes
imposed by any taxing authority of the state of Colorado.