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HomeMy WebLinkAboutORDINANCE 232© 4 — ORDINANCE NO. AN ORDINANCE CREATING AN IMPROVNT DISTRICT IN THE TOWN OF ESTES PARK, COLORADO,TO BE KNOWN AS COUNTRY CLUB MANOR SANITARY SEWER DISTRICT;ORDERING THE CONSTRUCTION THEREIN OF SEWER IMPROVEMENTS AND PROVIDING FOR THE ISSUE OF BONDS OF SUCH DISTRICT IN PAY- WENT OF SAID IMPROVEMENTS. WHEREAS,the Board of Trustees of the Town of Estes Park,Colorado,pursuant to Section 2,Article 2, Chapter 89,Colorado Revised Statutes,l93 by resolution, duly found and declared that there existed a necessity for the creation of Country Club Manor Sanitary Sewer District, Estes Park,Colorado,and the construction therein of cer tain sewer improvements;and WIREAS,the Engineer designated by said Board of Trustees has made his report in the premises,and has filed with the Clerk of the said Town all the maps and certificates of his survey,as well as schedules,plans, specifications,approximations of cost,and all other matters and things in complete form and substance as by the law and said resolution required;and 1EREAS,by resolution duly passed and adopted by said Board of Trustees on the 6th day of July,1962,the report so nade and filed by said Engineer was adopted,and the said report,together with details,specifications, estimates,naps,schedules and all other matters and things required by law and said resolution was approved by said Board of Trustees;and WHEREAS,by said resolution,the said Board of Trustees directed the Town Clerk to publish the required notice according to Subdivision 6 of Section 2,Article 2, Chapter 89,Colorado Revised Statutes,l93;and -1- •0 WHEREAS,the said Town Clerk,by advertisement for a period of more than twenty (20)days prior to the 3rd day of August,1962,published in the ‘TEstes Park Trail’t, a newspaper of general circulation in the Town of Estes Park, gave notice in accordance with said law and resolution;and WHEREAS,more than twenty (20)days have elapsed since the date of the first publication of said notice; ThEREFORE BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO: Section 1.That the said Board of Trustees finds that said improvements hereinbefore described and referred to,consisting of sewer improvements,were duly ordered after notice duly given,and after hearing duly held,all as required by law. Section 2.That Country Club Manor Sanitary Sewer District be,and the sane is hereby established and created out of that portion of the Town of Estes Park, Colorado,consisting of Lots described as follows,to-wit: Lots One (1)to Six (6),both inclusive, Block One (1);Lots One (1)to Twelve (12), both inclusive,Block Two (2);Lots One (1) to Twelve (12),both inclusive,Block Three (3);Lots One (1)to Six (6),both inclusive, andLot Twelve (12),Block Four (Lv);Lots Seven (7)to Eleven (11),both inclusive, Block Five (5);Lots One (1)to Ten (10), both inclusive,Block Six (6);Lots One (1) to Twenty-three (23),both inclusive,Block Seven (7);Lots One (1)to Thirty-seven (37) both inclusive,Block Eight (8):Lots One (1) to Thirty-Six (36),both inclusive,Block Nine (9);Lots One (1)to Twenty-four (2L), both inclusive,and Lots Twenty-seven (27) to Thirty-eight (38),both inclusive,Block Ten (10);Lots One (1)to Twenty-four (21%), both inclusive,Block Eleven (11)of Country Club Manor Addition to the Town of Estes Park, Colorado; Section 3.That the construction of the sewer improvements in and for said district,as shown by the plans, specifications and map thereof prepared by the Engineer desig nated by said Board of Trustees,and approved by the Board of -2- Trustees of said Town,and now on file in the office of the Clerk of said Town,be and the same is,hereby authorized and ordered. Section L.That by virtue of and in pursuance of the aforesaid law,local improvement bonds of the said Town be issued for the purpose of paying for the local improvements in this Ordinance described and provided to be constructed in said Sanitary Sewer District,in an amount not to exceed the whole cost of said improvement,including engineering,inspection,legal,collection,other incidental expenses and interest,as in said law provided. Section 5.That said bonds shall be dated September 1,1962,shall bear the name of the district improved,shall be payable to the bearer ten years from and after the date thereof,subject to call and prior pay ment as by law provided,shall be subscribed toby the Mayor, attested by the Town Clerk,under the seal of the Town,shall be .ayable out of the moneys collected on account of the assessments made for said improvements,shall bear interest at the rate of six percent per annum,payable semi-annually, shall have twenty coupons thereto attached,attested by the facsimile signature of the Town Clerk evidencing said interest, shall be in denominations of one thousand dollars or five hundred dollars each,or both,except the last bond of the issue,which may be in any convenient denomination,and shall be numbered consecutively from one upward.The principal shall be payable at the office of the Town Treasurer, and interest shall be payable at the office of the Town Treasurer. Section 6.The said improvement bonds shall be issued from time to time by the Town Treasurer on estimates of the Engineer appointed 5y said Board of Trustees,and approved by the Board of Trustees,but the Mayor and Board of Trustees may use said bonds at par for the payment of -3- engineering and other clerical expense and costs of inspec tion,or the Mayor,with the approval of the Board of Trustees,may sell sufficient of said bonds at par to pay said expenses in cash.The Town Treasurer shall make and preserve a record of all bonds issued hereunder in a suit able book kept for that purpose. Section 7.That said bonds and the coupons thereto attached shall be in substantially the following form: UNITED STATES OF ARICA STATE OF COLORADO COUNTY OF LARfl4ER TOWN OF ESTES PARK COUNTRY CLUB MANOR SANITARY SEWER DISTRICT No. ____________ $____________ The Town of Estes Park,in the County of Larimer and State of Colorado,for value received,acknowledges itself indebted and hereby promises to pay to the bearer hereof the sum of ____________________________________DOLLARS, in lawful money of the United States of America,on the 1st day of September,A.D.,1972,subject to call and payment, however,at any time prior thereto,with interest thereon from date until payment at the rate of six per centum per annum,payable semi-annually on the first days of September and March in each year,the principal and interest being payable at the office of the Town Treasurer upon presenta tion and surrender of the attached coupons or this bond as they severally become due. This bond is issued for the purpose of paying the cost of sewer improvements in Country Club Manor Sanitary Sewer District,in the Town of Estes Park,by virtue of and in full conformity with Article 2,Chapter 89,Colorado Revised Statutes,1953,and an ordinance of said Town duly adopted,approved,published and made a law of said Town prior to the issue hereof. —Li— 0 This bond is payable out of the proceeds of a special assessment to be levied upon real estate situate in the Town of Estes Park,Colorado,in said Country Club Manor Sanitary Sewer District specially benefited by said improvements,and the amount of the assessments to be made upon the real estate in said district for the paient thereof with accrued interest,is by the aforesaid Statutes,made a lien upon said real estate in the respective amounts to be apportioned to said real estate and assessed by an ordinance of said Town,and it is hereby certified and recited that the total issue of bonds of said town for said district, including this bond,does not exceed the amount authorized bylaw,that every requirement of law relating to the creation of said Country Club Manor Sanitary Sewer District the making of said local improvements,and the issue of this bond,has been fully complied with by the proper officers of said town, and that all conditions required to exist,and things required to be done precedent to and in the issue of this bond to render the same lawful and valid,have happened,been property done and performed,and did exist in regular and due time,form and manner,as required by law, IN TESTIMO1\IY 111BEOF,the Town of Estes Park has caused this bond to be subscribed by it’s Mayor,attested by the Town Clerk,under the seal of the town,registered by the Town Treasurer,and the interest coupons hereto attached to be attested by the facsimile signature of the Town Clerk, this 1st day of September,A.D..,1962. MAYOR ATTEST: TOWN CLERK TOWN TREASURER - 0 (Form of Coupon) No.____________ On the first day of Septnber,A.D.,19,the Town of Estes Park will pay to the 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 local improvement bond issued for the construction of local improvements in Country Club Manor Sanitary Sewer District,Estes Park,Colorado, provided this bond shall not have been heretofore paid; attached to bond dated September 1,1962,bearing No. _______ (Facsimile signature) TOWN CLERK Section 8.The Town Clerk is hereby authorized and directed to have printed such bonds as may be required to meet the actual cost of said improvements,as herein provided, and when said bonds are rrepared,to deposit the same with the Town Treasurer,to be issued as hereafter directed by the Board of Trustees. Section 9.That the Town Clerk be and he is hereby authorized to advertise for bids to construct said improvements by advertisement once a week for three consecutive weeks in the “Estes Park Trail”,a newspaper of general circulation,pub lished in such town. Section 10.The Board of Trustees herewith finds, determines and declares that this Ordinance is necessary for the immediate preservation of the public peace,health and safety,and whereas in the opinion of the Board of Trustees an emergency exists,because the lack of a sanitary sewer in said district threatens the preservation of the health of said town,this Ordinance shall take effect and be in force five (5)days after its final passage and adoption. -6- © Section 11.All Ordinances or parts thereof in conflict herewith are hereby repealed.This Ordinance,after its passage,shall be recorded in a book kept for that purpose, shall be authenticated by the signatures of the Mayor and Town Clerk,shall be published in the’stes Park Trai]’,a newspaper published in said town,and shall be irrepealable until the indebtedness herein provided for shall be paid in full. ___ MAYOR ATTEST: ;‘2 -7—