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HomeMy WebLinkAboutORDINANCE 099-44ORDINANCE NO.________ AN ORDINANCE ADOPTIN3 A PLAiT FOR THE ACQUI SITION OF AN ELECTRICAL GENERATING PLANT AND DISTRIBUTION SYSTEM TO BE ONED AND OPERATED BY THE TOVN OF ESTES PARK;PROVIDING FOR AN ELECTION AT IHICH THE QUESTION OF APPROVING THIS ORDINANCE SHALL BE SUBMITTED TO A VOTE OF THE QUALIFIED PROPERTY ELECTORS OF THE TOVIN OF ESThS PARK AS SHALL IN THE NEXT YEAR PRECEDING THE YEAR OF ELECTION HAVE PAID A PROPERTY TAX THEREIN;and DECLARING AN EMERGENCY ‘7HEREAS,at an election of the qualified property electors of the Town of Estes Park,o1orado,held on the 7th day of September,1943,it was determined that said Town should acquire by purchase or condemnation,the present electrical distribution systeu owned by the Public Service Company of Colorado,and serving the Town of Estes Park and its inhabitants, such acquisition to be financed by the issuance of municipal bonds in an amount not to exceed Ninety-five thousand (95,OOO) Dollars payable solely from the revenues of the system to be acquired;,and, HEREAS,the plan so adopted at said election,did not contemplate the acquisition of any facilities for the genera tion of the electrical energy or for the acc1uisition of any of the distribution system or facilities of the Public Service Company of Colorado lying outside of the coporate iLAits of said Town of Estes Park;and, VHEREAS,the Board of Trustees of the Town of Estes Park Colorado,has instituted condemnation proceedings to acquire said distribution system as authorized by said election held on the 7th day of September 1943;that said condemnation pro ceedings are now pending and incomplete and no part of the Ninety-five thousand (95,OOO)Dollars of revenue bonds so authorized at said election has been issued and sold;and, WFThREAS,the Public Service Company of Colorado,has offered to sell to the Town of Estes Park,Colorado,for the sum of Two hundred twenty-five thousand ($225,000)Dollars, its entire generating plant and ditribution system now iccated near the Town of Estes Park,Colorado and used to serve said Town end its inhabitants,as well as the surrounding territory, and, WHEREAS,the Board of Trustees of the Town of Estee Park, Larimer County,State of Colorado,has determined and does here by determine forthith to accept said offer of the Public Service Company of Colorado,subject to the approval of a majority of the qualified property electors at an election to be called and held for such purpose. N0 THEREFORE,IT IS HERE3Y ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PA}K: Section 1.That the Town of Estes Park Colorado acquire an electrical generating plant and distribution system (said electrical plant and distribution system to be acquired in the manner hereinafter set forth in section 2 of this ordinance) to •be owned,managed and operated by said Town and to consist of poles,wires,insulators,transformers,meters,drops,hydro electric and diesel electric power generators and all of the usual components of an electrical generating plant and distri bution system. Section 2.That the Town of Estee Park,Colorado, shall acquire by purchase the .ectrical generating plant and distribution system now owned and used by the Public Service Company of Colorado,for the purpose of distributing electrical energy to the Town of Estee Park,and its inhabitants and the surrouiding territory,but excluding the suo-station and the equiirnent used in connection therewith now connected with the transmission line of the U.S.Bureau of Reclamation;that the Town of Estee Park shall acquire by purchase the complete electrical generating plant and distribution system owned by the Public Service Company of Colorado,and including the hydro electric plant and two oil engine generators located on Fall River west of the Town of Estes Park,together with all auxi liaries and appurtenances relating thereto,as well as all land,penstock,buildings,rights of way and easements. Section 3.That the Town of Estee Park shall also ac quire by purchase,tools,equipment,supplies,materials and such other equipment as may be necessary or proper in connec tion with the ownership,management and operation of said electrical generating plant and distribution system to oe acquired. Section 4.That the full purchase price to be paid by said Town in acquiring said electricalAdistribution system is the sum of 225,OOO.OO.Such price ill be paid by issuing municipal interest-bearing obligations br such amount,payable, interest and principal,solely out of the income of such utility; and the obligation of said bonds shall be chargeable solely against the income of such utility.No obligation by way of general obligation DDnd shall oe incurred by the Town of Estee Park in making such acquisition. Section 5.That a special election is hereby called and shall be held in said Town on the 11 th day of September,l94 at which time there shall oe submitted to such qualified pro perty electors of said Town as shall in the next year preceding the year of the election have paid a property tax therein,the question of approving this ordinance. Section 6.That the question so submitted shall be voted on at said election by the voters qualified as aforesaid -5- •• at the following polling place/in the v cinct in said Town: umbe-r Numoor polling Place The vote shall be by ballot of the form hereinafter provided, and said election shall be held and conducted in all respects as nearly as may be in the manner prescL’ibed by law in cases of elections for municical officers. Section 7.That the ballots to be used in voting upon the question above submitted shall oe prepared and fur nished by the Town Clerk and Recorder to the judges of election, to be by them furnished to the voters,shall be substantially in the following printed form,and shall ce deposited in a ballot box provided by the Town Clerk and Recorder for such purpose. -6- - ; TOWN OF ESTES PARK,COLOPADO ELECTRICAL GENERATING PLANT AND DISTRIBUTION SYSTEM ELECTION. September //1944. OFF IC IAL BALLOT uestion submitted: Shall Ordinance No.?of the Town of Estes Park,approved the/9th day of August 1944,adopting a plan for the acquisition of a municipal electrical generating plant and distrioution system to be financed by the issuance of municipal bonds in the amount of not to exceed 25O,OOO,payable solely from the revenues of the system pro posed to oe acquired,be approved? FOR the approval of Ordinance No.and for the acquisition of a municipal :: electrical generating plant and : distribution system AGAINST the approval of Ordinance No.______ for the acquisition of a municipal : electrical generating plant and : distribution system : Each elector shall prepare his ballot,indicating his approval or disapproval of the proposition submitted by placing a cross CX)opposite the group of words on his ballot which expresses his choice,and shall then deposit his ballot in the ballot box provided for such purpose. —7— Section 8.No ballot for or against said question shall be received by the judges unless the person offering the same shall be a qualified property elector of the Town of Estes Park and shall in the next year preceding the year of the election have paid a property tax therein. Section 9.The fo1lowin named persons are hereby appointed as judges and clerks of said election,to-wit: Judges LL c% Clerks -8— (Th Section 10.The vote cast at said election on the question aforesaid shall be canvassed and returned,and the return made and the result declared in the same manner,as nearly as may be,as provided by law for the canvass,return,and declaration of the result of votes cast at an election of muni cipal officers. Section 11.A notice of the time and place of said election shall be published in the Estes Park Trail,a news paper of general circulation printed in the Town of Estes Park, in the County of Larimer and State of Colorado,at least fifteen (15)days before such election;and also a copr of such notice shall be posted at the place of voting at least fif teen (15)days before such election announcing the time,place, and object of the election;and the Town Clerk and Recorder of said Town is hereby charged with the duty of effectuating this provision.Such notice shall be in substantially the follow ing form: -9- TOWN OF ESTES COLORADO NOTICE OF SPECIAL ELECTION SEPTEM5ER 1944. PUBLIC NOTICE In pursuance of Ordinance No.9?of the Town of Estes Park,Colorado,adopted and approved on the 14t day of August,1944,PUBLIC NOTICE IS HEREBY GIVEN that a special election has been called to be held on______________________ the 1/day of September,A.D.1944,at the polling pisee hereinafter designated in the Town of Estes Park, at which election there will be submitted to such qualified property electors of the Town of Estes Park as shall in the next year preceding the year of the election have paid a property tax therein,the following question: “Shall Ordinance No. _______of the Town of Estes Park,approved the_jyday of august, 1944,adopting a plan for the acquisin of a municipal electrical generatiNG,fano dis tribution system to be financed by 1Jice of municipal bonds in the amount o1,25O,00O, payaole solely from the revenues of the sys tem proposed to be acquired,be approved?” The poiis will be open from 7:00 A.M.to 7:00 P.M. The ballots to be used in voting upon the question above submitted will be prepared and furnished by the Town Clerk and Recorder to the Judges of election,to be by them furnished to the voters,and shall be deposited in a ballot box provided by the Town Ulerk and Recorder for such purpose. The question so suumitted will be voted on at said election at the following polling place: The Town Hall,in the Town of Estes Park,Colorado. -10- •• * The election will be held and conducted as nearly as may be in the manner prescribed by law in the case of elections for municipal officers. At said election only qualified property electors (duly registered)of said Town as shall in the next year pre ceding the year of said election have paid a property tax there in will be permitted to vote on the question submitted. TN WITNESS VIHEREOF,the Board of Trustees of the Town of Estes Park,in the Uounty of Larimer and State of olorado,has caused this notice to be published and posted as required by law,this day of August,1944. C?J W, Town Clerk and Recorder. (SEAL) -11 — Q. Section 12.This ordinance,after its adoption,shall be recorded in the book of ordinances of the Town of Estes Park kept for that purpose;shall be authenticated by the signatures of the Mayor and Town Clerk and Recorder;shall be published in full in the Fetes Park Trail,a newspaper of general circulation published in the Town of Estes Park,in its issue of ,1944,and shall take effect and be in force upon the expiration of five (5)days after it has been so published. Secticn 13.That by reason of the fact that the Town of Estee Park and its inhabitants are not properly or adequately supplied with electric light and power service at the present time,and by reason of the necessity of effectuating without delay the legislative policy of the Board of Trustees as herein declared,it is hereby declared that an emergency exists and that this ordinance is necessary for the immediate preservation of the public peace,health,and safety. Section 14.It is the intent ci this ordinance to provide the board of trustees of the Town of Estee Park with an alternativ method of acquiring a municipal electric light and power system for said town by purchase of an electrical generating plant and distribution system as herein set forth,but should the board of trustees of said Town fail to acquire an electrical generating plant and distribution system from the Public Service Company of Colorado under the provisions of this ordinance,then said board of trustees may proceed to acquire a distribution system under the terms and provisions of Ordinance No.97 of said Town,passed and adopted on the 9th day of August 1943. PASSED ARD ADOPTED,SIGNED AND APPROVED this]day of August 1944. (SEAL)Mayor ATTEST: Town Clerk and Recorder -12- • . 4 It was then moved by Trustee and seconded by Trustee that all rules of this Board which might prevent,unless suspended,the final passage and adoption of this ordinance at this meeting be and the same are hereby suspended for the purpose of per mitting the final passage and adoption of said ordinance at this meeting. The question oeing upon the adoption of said motion and the suspension of the rules,the roll was called with the following result: Those voting aye:Trustees__________________________ Those voting nay: ____________________________________ cL,.members of the Board having voted in favor of said motion,the presiding officer declared said motion carried and the rules suspended. Trustee then ixioved that said ordinance heretofore introduced and read in full at this meet ing be now placed upon its passage. Trustee seconded the motion; and the question being upon the placing of said ordinance upon its passage,the roll was called with the following result: Those voting aye:Trustees_____________________________ Those voting nay:_______ _____________________________ The presiding officer declared the motion carried and the ordinance placed upon its passage. -13— Trustee then moved that said ordinance be passed and adopted as read.Trustee f .seconded the motion. The question being upon the passage and adoption of said ordinance,the roll was called with the following result; Those voting aye:Trustees Wt2s1) c7’ Those voting nay:__________________________________ The presiding officer thereupon declared that a majority of all the trustees elected having voted in favor thereof, the said motion was carried and the said ordinance duly passed and adopted. On motion duly adopted,it was ordered that said ordinance b numbered and after approval by the Mayor be puolished as in said ordinance designated and be recorded according to law. Mayor (Seal) Attest Town 1erk and Re&dr -14-