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HomeMy WebLinkAboutORDINANCE 262-64Q - 0 AJOD AdOD Od3X O3X OJ3)s ORDINANCE NO.2 AN ORDINANCE TO CONTRACT AN INDEBTEDNESS ON BEHALF OF THE TOWN OF ESTES PARK,COLO RADO,AND UPON THE CREDIT THEREOF,BY IS SUING BONDS OF SAID TOWN IN THE PRINCIPAL AMOUNT OF $300,000,FOR THE PURPOSE OF SUPPLYING THE TOWN WITH WATER;PRESCRIBING THE FORM OF SAID BONDS;PROVIDING FOR THE LEVY OF TAXES TO PAY THE SANE;AND DECLAR ING AN EMERGENCY. WHEREAS,a majority of the voters of the Town of Estes Park,Colorado,who were taxpayers under the law,voting on the question at a municipal election heretofore held in said Town,by their vote approved and authorized the Board of Trustees of said Town to erect a system of waterworks for fire and domestic pur poses,the same to be owned and operated by the Town;and WHEREAS,the Town did erect and ever since said time has owned,operated and maintained a system of waterworks for said purpose;and WHEREAS,it is necessary to extend and improve said iwaterworks system in order to supply the said Town and the inhab itants thereof with a proper and adequate supply of water;and WHEREAS,there are not sufficient funds in the treasury of said Town to provide for the costs and expenses of supplying said Town with water and the Board of Trustees deems it advisable and necessary to issue coupon bonds of said Town for that purpose; and WHEREAS,the Town desires to authorize the issuance of .$3OO,O0O of General Obligation Water Bonds,and to issue and.de liver at this time $200,000 of said amount; -2- o..•:a AdOD AdOD THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,LARIMER COUNTY,COLORADO: Section 1.That for the purpose of providing funds to pay the costs and expenses of supplying the Town of Estes Park with water,the Town shall issue the negotiable coupon bonds there- of,dated July 1,1964,in the principal amount of $300,000,con sisting of 300 bonds in the denomination of $1,000 each,numbered I to 300,inclusive,payable in lawful money of the United States of America,bearing interest,payable January 1,1965,and semi annually thereafter on the 1st day of January and the 1st day of July each year,as evidenced by interest coupons attached to said bonds,and maturing on July 1,as follows: Amount Maturity Interest Rate $5,000 1965 4% 6,000 1966 and 1967 4% 7,000 1968 to 1973,md.4% 8,000 1974 4% 25,000 1975 3-3/4% 27,000 1976 3-3/4% 28,000 1977 3-3/4% 30,000 1978 3.60% 23,000 1979 3.60 11,000 1979 3-7/8% 56,000 1980 3-7/8% 33,000 1981 3-7/8% Bonds maturing in the years 1975 and thereafter shall be redeemable at the option of the Town on July 1,1974,and on interest payment dates thereafter,in inverse numerical order, at par and accrued interest. Said bonds and the coupons thereto attached shall be payable at the office of the Town Treasurer,in Estes Park, Co1orado,and shall be signed with the facsimile signature of the 1Mayor,sealed with the facsimile of the seal of said Town,attest !ied by the manual signature of the Town Clerk,countersigned with -3- j L AdOD AdODODXOi3X the facsimile signature of the Towti Treasurer,and shall be re corded in a book to be kept by the Town Clerk for that purpose. All coupons shall bear the facsimile signature of the Treasurer of said Town.Should any officer whose signature or facsimile signature appears on said bond/or the coupon thereto attached cease to be such officer before delivery of the bonds to the pur chaser,such signature or facsimile signature shall nevertheless valid and sufficient for all purposes. Section 2.That the said bonds and.the coupons attach ed thereto shall be in substantially the following form: -4- LQ AdOD I dO3 A103otj.JX 03 (Form of Bond) UNITED STATES OF AI€RICA STATE OF COLORADO COUNTY OF LARINER TOWN OF ESTES PARK WATER BOND No. _______ $1,000 The Town of Estes Park,in the County of Larimer and State of Colorado,acknowledges itself indebted and hereby promise to pay to the bearer hereof the sum of ONE THOUSAND DOLLARS on the 1st day of July,19,with interest thereon at the rate of _______________________________ per centum (%)per an .num,payable January 1,1965,and semi-annually thereafter on the 1st day of January and the 1st day of July each year,as evidenced by interest coupons hereto attached,both principal and interest bein payable in lawful money of the United States of America,at the office of the Town Treasurer,in Estes Park,Colorado,upon presentation and surrender of said coupons and this Bond as they severally become due. (The following clause to be inserted in bonds maturing on July 1,1975,and thereafter) This Bond is redeemable at the option of the Town on July 1,1974,and on interest payment dates thereafter in inverse numerical order,at par and accrued interest. This Bond.is issued by the Board.of Trustees of the Town of Estes Park,Colorado,for the purpose of supplying water to said Town and its inhabitants,under the authority of and in full conformity with the Constitution of the State of Colorado,the provisions of Chapter 139,Article 32,Colorado Revised Statutes -5- AdOD AUODO3Xoax 1953,and all other laws thereunto enabling,and pursuant to an Ordinance of said Town,duly adopted,published and made a law of said Town prior to the issuance of this Bond. It is hereby certified and recited that all the require ments of law have been fully complied.with by the proper officers of said Town in the issuance of this Bond;that the total debt of the Town,including that of this Bond,does not exceed any limit of indebtedness prescribed by the Constitution or laws of the State of Colorado,and that provision has been made for the levy and collection of annual taxes sufficient to pay the interest on and the principal of this Bond when the same become due. The full faith and credit of the Town of Estes Park, Colorado,are hereby pledged for the punctual payment of the prin cipal of and the interest on this Bond. IN TESTIMONY WHEREOF,the Board of Trustees of the Town of Estes Park,Colorado,has caused this Bond to be signed with the facsimile signature of the Mayor of said Town,attested by the manual signature of the Town Clerk,countersigned with the fac simile signature of the Town Treasurer,sealed with the facsimile lof the seal of the Town,and the attached coupons to be signed with the facsimile signature of the Town Treasurer as of the 1st day of July,1964. (Facsimile signature) (FACSIMILE) $E A L ) ATTEST: (Do not sign) Town Clerk Mayor COUNTERSIGNED: (Facsimile Signature) Town Treasurer —6— AdOD Oei3X OJ3X (Form of Coupon) jNo $ On the 1st day of ary, 19,*(unless the bond to which this coupon is attached has been called for prior redemp tion,)the Town of Estes Park,in the County of Larimer and State of Colorado,will pay to bearer __________________________ DOLLARS in lawful money of the United States of America,at the office of the Town Treasurer,in Estes Park,Colorado,being six months’ interest on its Water Bond dated July 1,l96L,bearing No. _______ (Facsimile Signature) Town Treasurer *(This clause to be inserted in coupons maturing January 1,1975, and thereafter) —7— 1dO3,AdOD O3X.OJX Section 3.That when said bonds have been duly executed as aforesaid,they shall be sold and delivered to the purchaser thereof,and the proceeds thereof shall be used for the purpose of paying the costs and expenses of supplying the Town of Estes Park with water and for no other purpose whatsoever,but neither the purchaser of said bonds nor any subsequent holder of any of them shall be responsible for the application or disposal by said Town or any of its officers of any of the funds derived from the sale thereof. Section 4.For the purpose of paying the interest ac cruing on said bonds promptly as the same becomes due,and for the 1 purpose of providing for the ultimate payment and redemption of said bonds,there shall be levied on all the taxable property in said Town,in addition to all other taxes,direct annual taxes in each of the years 1964 to-,inclusive,sufficient to produce the principal of and interest on outstanding bonds as the same become due and payable. Said taxes when collected shall be deposited in a special fund to be known as TtEstes Park Water Bond Fund,July 1, $1964”,and such Fund shall be applied solely to the purpose of the 1payment of the interest on and the principal of said bonds,re Ispectively,and for no other purpose whatever until the indebted- ‘ness so contracted under this Ordinance,both principal and inter est,shall have been fully paid,satisfied and discharged,but ‘nothing herein contained shall be so construed as to prevent said ‘Town from applying any other funds or revenues that may be in the Town Treasury and available for that purpose to the payment of said interest or principal as the same respectively mature,and upon any such payments,the levy or levies herein provided may thereupon be diminished to that extent. -8- tqusoUli-tpJosTw1.oISU0TSTAOJdsnottu;uuoT;uuit;3J‘;oiiSUoTSA-oid1TfflJ14pTTAUTioz-tdurtL;ojouT1S;umpn,ijDflS‘pTAUTtOqD..IOUUflppnEpqouuTpiostiijos;dosuoi;szomouo;t;qj,UOTDp8J1DsTpPU‘PTduqisiuusuoiu-x;uipuspuoqptsunq[dJ.xuipuqOli1flp.IQSTW.PU0PIJVL110I0Spdizuurpiospa;DTUUOOUTSJdJOSDUUTpJO[IV9uotopwt;todsoqutJa14sspuoqpts;odtDuTJdpu.sai;uio;umdi.1;o.prtddpuioqdqrtp.DIEOOU13MS2ClJLDflSpu‘uoiiSIUTpuspuoqpiesoIdTouTJdt;o;uwid;ojpunjuut;Jo;osod.xndJ0Jt.iqppTAOIdJUUU1UTSXT40flSDTODpU-‘‘IEIpiOpTputSXOUOTIIODpU;04tflTOJ1SUOTSTAOJd;no&x.xpu04‘DUutpIQST1;oSUOTSTAOJd;o;ourutsuoT3oi.pns-t‘sxutoutIAwtJoqppti.-oidxuumi4;irtpufflt41;‘inuu‘iiopieso-SflJOpJOJ0;npTflqU11841çUOI3D-Ddsa..tJtUDUTUMOIpTS0SSflJ1JOpJ04iqpsSdpidopq0;S-t-tTUOTTJd0Jddpu;pnqTflUU1;UTflDUtqOS[.It’1.pJ0;UflOfflpTSpU‘asodndl1p-‘°JP;IIdo.xdcIJ0J13TdTDUTJd;xOsTp0pUspuoqpiesUO9JUTU10p8pTAoJdaio;-qUTJsinns‘q;pU9PUOpTS08OUflSSI30.TUpIDUTssudX94903jj£d0;&rssoU;unou1uyXEROcopycopyxcpocopyyro AUOD AaoDoxOX Qij Section 9.This Ordinance,immediately on its passage, shall be recorded.in the Town Book of Ordinances kept for that purpose,authenticated by the signatures of the Mayor and Clerk, and shall be published,as required by law. Section 10.By reason of the fact that the Town and.its çinhabitants must be properly and adequately supplied with water, it is hereby declared that an emergency exists,that this Ordi nance is necessary to the immediate preservation of the public peace,health and safety,and that it shall be in full force ad effect five days after publication. ADOPTED AND APPROVED,this 8th day of June,1964. (S E A L) ____________ ATTEST)//-) Town Clerk -10- :0 - ).dOD Od3X L. 1 AUOD OdJX AcO3 It was then moved by Trustee,%?//yL,y’and second ed by Trustee ______________ ,that all rules of this Board which, unless suspended,might prevent the final passage and adoption of this Ordinance at this meeting,be and the same are hereby suspended.. The question being upon the adoption of said motion and the suspension of the rules,the roll was called with the fol lowing result: Those voting AYE: Trustees: Those voting NAY: __________________________ members of the Board.of Trustees having voted in favor of said motion,the presiding officer declared said :motion carried and the rules suspended. Trustee 2.ze /,./‘-,then moved that said Ordinance be passed and adopted as read.Trustee seconded the motion. The question being upon the passage and adoption of said Ordinance,the roll was called with the following result: Ronald C.Brodie Henry D.Dannels •M.Hunter L.Leo Martin Carl Swanson Harry B.Tregent C -11 - Those voting NAY: _________________________ The presiding officer thereupon declared that, of the Trustees elected.having voted in favor thereof,the said motion was carried and the said Ordinance duly passed and adopted I On motion duly adopted,it was ordered that said Ordi nance be numbered C2 ,and after approval by the Mayor, be published in /‘‘-,<-7a,’/,a newspaper of general circulation in said Town,and be recorded according to law. (SEAL) ATTEST / Town Clerk •doj OJ3< ?d0D AdOD OdX; -oeX Those voting AYE: Trustees:Ronald C.Brodie Henry D.Dannels C.N.Hunter L.Leo Martin Carl Swanson Harry B.Tregent Mayor -12 - AdO O13X Oe33X STATE OF COLORADO ) ) COUNTY OF LARIMER )ss. ) TOWN OF ESTES PARK ) I,Dale G.Hill,Town Clerk of the Town of Estes Park, ILarimer County,Colorado,do hereby certify that the foregoing pages numbered 1 to 12,inclusive,constitute a true and correct copy of the record of the proceedings of the Board of Trustees of said Town,taken at a regular meeting thereof,held.at %e ___________________________________ in Estes Park,the reg ular place of meeting of said Board,on Monday,the 8th day of kjune,l96,insofar as said proceedings relate to the passage and adoption of the Ordinance therein set forth. That attached hereto is an Affidavit of Publication of said Ordinance as passed and adopted by said Board of Trustees at said meeting;that said.original Ordinance has been duly authen by the signatures of the Mayor and myself,as Clerk of said Town,sealed with the corporate seal of said Town,signed and recorded in the Book of Ordinances of said Town kept for that purpose in my office. IN WITNESS WHEREOF,I have hereunto set my hand and the seal of the Town of Estes Park,Colorado,this _____ day of June, 1964. (SEAL) __________ Town Clerk -13 -