Rights and powers of security holders.

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(1) Subject to any contractual limitations binding upon the holders of any issue or series of assessment debentures or assessment bonds or the trustee therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion, percentage, or number of such holders, any holder of such securities or trustee therefor has the right and power for the equal benefit and protection of all holders of the securities similarly situated:

  1. By mandamus or by other suit, action, or proceeding at law or in equity to enforce hisrights against the urban district, the board, and any other of the officers, agents, and employees of the district, and to require and to compel the district, the board, or any such officers, agents, or employees to perform and to carry out their respective duties, obligations, or other commitments under this article and under their respective covenants and agreements with the holder of such securities;

  2. By action or by suit in equity to require the urban district to account as if it is thetrustee of an express trust;

  3. By action or by suit in equity to have appointed a receiver, which receiver may takepossession of any accounts and may collect, receive, and apply all assessments, other revenues, and other moneys pledged for the payment of the securities in the same manner as the urban district itself might do in accordance with the obligations of the district; and

  4. By action or by suit in equity to enjoin any acts or things which might be unlawful orin violation of the rights of the holder of any such securities and to bring suit thereupon.

Source: L. 69: p. 797, § 144. C.R.S. 1963: § 89-21-144.


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