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HomeMy WebLinkAboutORDINANCE 10-1918BE IT ORDAINED BY THE BOARD OF TRUSTEIS OP THE TOWN OF ESTES PARK,COLORADO: Section 1.That at the general election of municipal officers,to be held.in the Town of Estes Park on Tuesday,the second day of April,A.D.1918,the question of authorizing the oard of Trustees of said.Twn to contract an indebtedness on behalf of the Town and upon the credit thereof by issuing the bonds of the Town in the aggregate amount of nine thousand. (9,OOO.OO)dollars,for the purpose of constructing sewers for the Town,be and the san is hereby submitted to a vote of such qualified electors of the Town as shall,in the year next pre ceeding said election,have paid.a property tax therein,for their determination. section 2.The question so submitted.shall be voted. on at said.election by the voters qualified as aforesaid,at the following place in said.Town: HAYD BROTHERS’OFFICE in the Etea Park th’ug Store Building, The voting shall be by ballot of the form hereinafter provided.,and.said.election shall be in all respects,as nearly as may be,held and.conducted.in tho manner prescribed.by law in cases of elections for municipal officers. Section 3.The ballots to be used.in voting upon the question above submitted shall be prepared.and furnished.by the ORDINAIICE NO.10. I All ORDINAICE PROVIDING FOR THE SU.BNISSIOII TO A VOTE OF THE DULY QUALIFIED EL10’ORS OF THE TOWN OF ESTES PARK,AT THE GENERAL ELECTION OF MUNICIPAL OFFICERS,TO BE HELD IN SAID TO7N ON TUESDAY,THE SECOND DAY OF APRIL,A.D.l9lS,THE cU?sTIoN OF AUTHORIZING THE BOARD OF TRUSTEES OF SAID TOVi TO CONTRACT AN INDEBTEDNESS ON BE HALF OF THE TOWN AND UPON THE CREDIT THEREOF, BY ISSUING THE BONDS OP THE TOvI IN THE AGGRE GATE Ai.IOITJT OF NINE THOUSAND DOLLARS,FOR THE PURPOSE OF CONSTRUCTING SEWERS FOR THE TOWN. I H —--—-I Town Clerk to the judges of election,to be by them furnished to the voters,and shall be in the followinp printed form,and shall be deposited in a separate ballot box provided by the Town Clerk for such purpose: BONDS FOR CONSTRUCTION OF SEWERS. OFFIC IAL BALLOT FOR TWE ELECTIOT TO BE HELD Ill TIlE TOV1N OF E3TES PARZ ON TUESDAY,THE SECOND UAY OF APRIL,A.D.1918. question submitted: Shall the Board of Trustees of the Town of Estes Park be authorized to contract an indebtedness on behalf of the town and upon the credit thereof for issuing the bonds of the town in the aggregate amount of nine thousand dollars for the purpose of constructing sewers for the V town?V (The voter will place a cross (X)in the space opposite and to the right of the answer below which indicates his choice,and then deposit his ballot in the separate bal lot box provided for such purpose.) For bonds for construction of sewers, Against bonds for construction of sewers, The said ballots shall be cast by each voter by mark ing an (x)opposite his choice,in the manner now provided by law for voting upon amendments to the constitution of the State of Colorado. Section 4.No ballots for or against said question shall be received bythe judges,unless the person offering the same shall be a qualified elcctor of the Town of Estes Park,and shall,in the year next preceding said election,have paid a pro e ——2— z • gold coin of the United States,of the present standard.of weight and fineness,or the equivalent thereof,bearing in terest from and.after the first day of June,..D.l9l8,at the rate of six per centuni,per annum,payable se:i-annualir,on the first day of June and the first day of December,in each year.Said bonds shall be numbered in regu.lar and consequtive order,coimnencin with nur.iber one,and shall be payable in the order of their number on the first day of June,A.D.1933;said bonds and the coupons attached thereto shall be payable at the office of The Estes Park Bank,of Estes Park,Colorado,or at The Hanover National Bunk,in the City of New York,U.S.A.; said.bonds shall bear date the first day of June,1...D.lI3; shall be signed by the mayor and attested by the Town Clerk, under the official seal of said Tov;n,countersigned.by the Tcvrn Treasurer,and.shall be recorded.in a book to be kept by the Town Clerk for that purpose;there shall be attached to each bond.thirty coipons,numbered consecutively from one to thirty, both numbers inclusive,each coupon representing a semi annual instalment of interest on said bond to which it is attached,and securing the payment of interest as it accrues, which said coupon shall bear the original or fac-simile signa tuve of the Treasurer of said Town,and the number of the bond to vihich it is attached,and said coupons,when so made,executed and delivered as a part of said bond,sball be lawful obliga tions of said Town,securing the payment of said.interest in the hands of all parties to whom they may come.The Town re serves the privilege to pay said.bonds at any time after the first day of June,A.D.l928. Section 3.The said bonds and coupons shall be in substantially the following form: . -: F. —3- UNID STATES OF ARICA STATE OF COLORADO Tern of Estes Park No. County of Larimer, )ioo.oo. ESTES 2Aid SEWER BOND Series of 1918. The Town of Estes 2ark,in the County of Larimer and State of Colorado,hereby acknowledges itself indebted and. promises to pay to bearer One Hundred.(1OC.OO)Dollars,for value received,redeemable at the option of said Town after ten (lO)years,and absolutely due and payable fifteen (15)years from the date hereof,with interest thereon at the rate of six per centum,per annum,payable semi-annually,on the first day of Decenber and the first day of June in each year upmi esenta tion and surrender of the annexed couponsas they severally be come due,both principal and.interest payable at the office of The Estes 2ark 3ank,of Estes dark,colorado,or at holder’s option,at the office of The Hanover National Bank in the City of New York,U.S.A. Both the irincipal of this bond and the interest ther on are herebr made payable in gold coin of the United States of America of the present standard of weight and fineness,or the equivalent thereof,at the holder’s option. This bond is issued by the Board of Trustees of the Town of Estes Park for the purpose of constructing sewers for the Toi,under the authority of and in full conformity with the Constitution of the State of Colorado,the provisions of an act of the &eneral Assembly thereof,entitled,“An Act in Relation to Municipal Corporations”,approved Apri1 4th,A.D. I r 1— Ti - _____ I Av&’rs. IG ___ 18’?’?,and all amendatory and supplemental acts thereto,and under the authority of a vote of such duly qu1i:ied electors of saii Town as were taxpayers under the law at an election duly called and legally held on the second day of April, A.D.1918,and in pursuance of an ordinance of siä.Town duly adopted,published and made a law of said Town prior to the issuance of this bond;and it is hereby recited and certified that all the rejuirements of law have been fully complied with, by the proper officials in the issue of this bond. It is further certified that provision has been made for the levy and collection of an annual tax sufficient to pay the interest on this bond and also the principal thereof when the same become due. The faith and credit of the Town of Estes Park are hereby pledged for the punctual payment of the principal of this bond and the interest thereon. III TESTI1ffOITY IERiOP,the Board of Trustees of the Town of Estes Park has caused this bond to be signed by the Layor of said Town,attested by the Clerk thereof,under the seal of the Town,and countersLned by the Town reasurer,and has likewise caused the coupons hereto attached to be signed by the fac-simile signature of said Treasurer as of this first day of June,A.D.1918. Mayor. I .iing ___ -4- Ij Attest: Thwn Olerk. Count ersigned: Town Treasurer. (worm of C&tipon) 3.OO. On the first day of ,A.D.19 the Town of Estes Park,in the County of Larimer and State of Colorado,will pay the bearer three dollars at the office of The Estee Park Bank,of Estee Park,Colorado,or at the office of The Hanover National Bank in New York City,U.S.A., being six months interest on Estes Park Secr Bond,Series of 1918,jo. This coupon is payable in gold coin of the United States of America or its equivalent,at the option of the holdex (Fac-simile signatu’ ---:--- Town Treasurer. Section 4.Tiat said bonds,when duly executed,shall be delivered by the Town Treasurer to the Durchser thereof,ani the proceeds thereof shall be used soiy for the purpose he’in recited;but the purchaser of said.bonds shall in no manner be responsible for the application or disposal by said Towrl or any of its officers of any of the funds derived from the sale there Section 5.That the interest falling due on s’tid bonãs on December 1st,1918,shall be paid out of the general fund of said.Town,and for the purpose of reimbursing said.general fund for said half year’s interest,and to meet the interest accruir on said bonde on June 1st,1919,and December 1st,1919,there shall be levied in the year 1918 on all the taxable property ir said Town,in addition to all other taxes,a direct annut1 tax sufficient to produce the sum of Six Hundred we1ve (6l2.OC) —5— -- - No. I ____—- S I A fl• -ONI,l S Dollars;that in order to raise the necessary funds with which to pay the interest due after December 1st,1919,promptly and as the same accrues,there shall be levied upon all the taxable S property in said Town,in addition to all other taxes,the fo1liin direct annual tax;in each of the years 1919,1920, 1921 1922,1923,1924,1925,1926 and 1927,a tax sufficient to produce the sum of Pour Hundred Eight (-08.00)Dollars,in each year,for the purpose of paying the interest on said bonds, and in the year 1928,and annuaflv thereafter up to and includ inE’the year 192,there shall be levied on said property a direct annual tax to produce the sum of One Thousand Seven Hundred Sixty-eight (l76S.OO)Dollars,for the purpose of paying two instalments of said interest and producing the sum of One Thousand Three Hundred Sixty (l,60.OC)Dollars to pay the principal of said bonds;and said tax,when collected,shall be applied :i for the purpose of paying said interest and principal of said.bonds respectively,and for no other purpose whatever,until the indebtedness so contracted under this or dinance,principal and interest,shall have been fully paid, satisfied and.discharged;but nothing herein contained shall be so construed as to prevent said Town from aDplying any nthr funds that may be in the treasury of the Town and available for that purposes to the payment of interest or principal on said bonds,as the same respectively mature,and the levy or levies herein provided for may thereupon to tTh.at extent be diminished,and upon the pay ment of the principal of any of the bonds issued hereunder in said manner by the use of the fund herein irovided for,the levy or -levies herein provided for the payment of interest may to that xtent be diiuinished,and then in that event the tax levy here- above provided for may for the next succeeding year be reduced so as to raise only such an amount as m be necessary to neet the interest on such bonds when and.as the s°me accrues,to gether with the sum herein provided.for necessary to extinguish the rincipa1 of said bonds when due. And.the sums hereinabove provided for to meet the inter est on said bonds and to discharge the principal thereof when due,are hereby appropriated for that purpose;and said amount for each year shal.also be included in the annual appropriation bins passed by the Board of Trustees of said Town in each of the said years successively. Section 6.It shall be the duty of the Board of TrusteeE of said Town,annually,at the time and in the manner provided by law for the.levying of other taxes if such action shall be necessary to effectuate the provisions of this ordinance to ratify and carry out the provisions hereof with reference to the levying and.collection of taxes;and.shall recjuire the officers of and for said Town to lovy,extend.and collect such taxes in the manner provided by law for the purpose of creating a fund for the payment of the princital of said bonds,and said taxes,when collected.,shall be kept for and apilied only to the payment of the interest and pncial of said bonds,as here inbefore specified. Section 7.All ordinaices,by-laws and regulations of the Town of Estes Park in conflict with this ordinance are hereby - repealed. $ection 8.This ordinance shall be and remain irrepeal able until said bonds and the interest thereon shall have been fully paid,satisfied and discharged as herein provided. Section 9.This ordinance is hereby declared and found to be necessary for the immediate preservation of the public peace,health and s2fety. Section 10.This ordinance is thus necessary to the L ±. AT.A.Y —7— r immediate preservation of the public peace,health and safety for the fol1owin reasons:It i reauired in order that said Town may raise funds for the constru.ction of sewers in order to maiitain and.to imrove the sanitary conditions of said Town and,of its inhabitants and others,and is a measure de signed to better sanitary conditions. Section 10.If any section,paragraph,clause,sen tence,phrase,or part hereof,of this ordinance is for any reason held invalid,such invalidity shall not affect the v1id- ity of the reraining portions of this ordinance.The Board of Trustees of the Town of Estee Park hereby declares that it would have passed this ordinance,and each section,paragraph,ciinse, sentence,phrase or part hereof,irrespective of the fact that any one or more sections,para?.’raphs,clauses,sentences, phrases or parts hereof be declared invalid. Section 11.This ordinance immediately upon its passage, shall be recorded in the book of ordinances of said Town,kept for that purpose,authenticated by the signatures of the mayor and clerk,and shall be published by posting copies thereof in the three public places within the limits of the said Town of Estee ark,as designated by the resolution adopted on Jtme 11th, 1917,by the Board.of Trustees of said Town,and shall be so posted as there is no newspaper L’Lished within or which has a general circulation within the limits of said Town. Section 12.This ordinance shall take effect and be in force unon the expiration of five days after it has been so posted. Intrduced,read,passed,adopted d ordered published by the affirmative vote of all the members elected to said Soard of Trusteec taken by ayes and noes. At test: iIay T. Cloi ,1.—8— ••.:j I A STATE OF COLOAiO, QOUiY OF LRIi’a, TON OF ESTES P{UC. ——,O1ernd Recorder of the said Town of/stes 2ark,do hereby certify t3at the abe and foregoing ordinance was du1ypub1ished,’)read,;aed and adopted at a regular meeting of the Board of Trustees of the Te of Estes Park,duly adjourned and held on the —2?— day of — ,A.D.1918,and said ordinance was d1y ilish/J by poetine copies thereof in the three pu11ic places rjt1 the limits of said Town of Estes Park,as designat ed by the resolution adopted by the Board of Trustees of said Town,on June 11th,1917,and that said.copies were so posted on the day of A.D.1913. IN WITU IERiOP,have hereto set my hand and affixed the seal of said Town on this day —, A.D.1918. ---------Tovn C1yk and ecorder. f*. SE —9— S t i •,