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HomeMy WebLinkAboutORDINANCE 40-1927I) ,_NO.‘-,‘) AN ORDINANCE CREATING AN flROVE!NT DISTRICT IN THE TOWN OF ESTES PARK,COLORADO,TO BE ICNON AS ESTES PARK STR’ET flROV1tENT DISTRICT NO.1,CRDERD4G THE CONSTRUCTION THEREIN OF STREET RIPROVEMENTS,PROVIDING FOR THE ISSUE OF THE BOiSJDS OF THE DISTRICT IN PAENT FOR SAID IMPROVEMENTS AiD PROVIDING FOR THE GUARANTY CF THE PAYMENT OF SAID BO1DS BY THE TOV OF ESTES PARK. WHEREAS,the Board of Trustees of the Town of Estee Park,Colorado,pursuant to “An Act relating to local improve ments in cities and towns,”approved April 9,1923,and upon the requisite petition subscribed by the owners of a majority of the frontage to be assessed for the local improvements here inafter described,by resolution,duly found and declared that there existed a necessity for the creation of Estee Park Street Improvement District No.1,and the construction therein of certain street improvements,as described in said petition; and WHEREAS,the town engineer has made his report in the premises,and has filed with the clerk of 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 law and said resolution required;and VIHEREA$,by resolution duly passed and adopted by said Board of Trustees on the 25th day of August,A.D.1927, the report so made and I iledby Sãjd town engineer was adopted, and the said report,together with details,specifications, estimates,maps and schedules,was approved and adopted by said Board;and WHEREAS,by said resolution,adopted as aforesaid,the said Board of Trustees directed the Town Clerk to publish in the Estes Park Trail,a newspaper of general circulation in said 2. / **[ . the;efore,this ordinance shall take effect immediately after its final passage and publication. Section 3.The reasons why this ordinance is thus necessary are that it is intended to provide for the expenses of maintenance of said Town and tc provide for the protection of the peace,health and safety of the inhabitants of the /_z 1_1_z -L MAYOR. I,Chas.F.HjX,Clerk of the Town of E5tes Ptrk,Colorado,do hereby certify that the above and foroing Ordinance was duly published in the E5tes rk Trail,a news1aper iublished and in general cixculation ;iithin the corporate Undts of the said Town of Estee fark,on the day of )ay,1927. Given under my hand and the ceal A.D.,1927. I Town. INTflODWED,READ,PASSED AND ADOPTED,this 9th day of !y,A.D.1927. Attest: - Clerk. of said Town,on the day of ay, Clerk. 0 Town of Estee Park,notice of a proposition to create said district,and that on September 26,A.D.1927,at 7:00 o’clock P.M.,all complaints and objections that might be made in writing concerning the proposed improvements by the owner or owners of any real estate to be assessed,or any person or persons interested generally,would be heard and deterTuined by the Board of Trustees of said Town of Estee Park before final action of said Board thereon,and that after the determination of all complaints and objections was made,said Board of Trus tees would take up and consider an ordinance creating said district and ordering the improvements in.said resolution and notice proposed;and AIIEREAS,the Town Clerk,by advertisement for a period of more than twenty days prior to the said 26th day of September, A.D.1927,published in the said Estes Park Trail,a newspaper of general circulation in the Town of Estee Park,gave notice in form and substance of the matters and things above mentioned as having been ordered to be given,in all respects in accordance with law and said order;and 7HBEAS,at said meeting of the 26th of September and at an adjourned meeting held the 3rd day of Cctober,A.D.1927, the Board of Trustees of said town duly considered the protests and objections filed in response to said notice,and duly heard and considered all evidence adduced in support of said protests and objections;and WHBEAS,after a full and careful consideration of said protests and objections and the evidence in support thereof,the Board of Trustees has.determined and hereby determines that said protests and objections are unfounded in fact and in law, and has overruled and hereby overrules said protests and objections; 3. . THEREFORE,BE IT ORDAflED BY T BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO: Section 1.That said improvements hereinbefore de scribed and referred to,consisting of street improvements,all as in the petition for said improvements set forth and described, were duly ordered after notice duly given,and hearing duly had, and that the petition required by law was presented to said Board of Trustees,and that said petition was subscribed by the required number of owners,all as required by law. Section 2.Said improvements shall consist of con crete curbs and gutters on both sides of Elkhorn Avenue from the intersection of said avenue with the east boundary of the Town of Istes Park,and west to the intersection of said avenue with the east bank of Fall River That the Board of Trustees has determined that said Street Improvement District shall consist of the lots and lands in said town fronting and abutting on said avenue between the points hereinbefore specified,described as follows: RAil the north side of ilkhorn Avenue east of MacGregorLane;lots 5 and 6 oi block 2;Lots 4 to25,inclusive,in Block 3;West half of Lot 5 and Lots6to22,inclusive,in Block 5;Lots 14,15,21,22,and 23 Block 6” Section 3.That said district shall be known as and the name is hereby designated Estes Park Street Improvement Dis trict No.1. Section 4.That the construction of the street improve ments in and for said district,as shown by the plans,specifica tions and maps thereof prepared by the town engineer and approved by the Board of Trustees of said town,and now on file in the 4.I C office of the Cleric of said town,be and the same is hereby authorized and ordered. Section 5.That by virtue of and in pursuance of the aforesaid law,local improvement bonds of the town be issued for the purpose of paying for the local improvements in this ordinance described and provided to be constructed in said Street Improvement District No.1,in an amount not to exceed the whole cost of said improvements,including engineering, inspection,collection,other incidental expenses and interest, as in said law provided. Section 6.The said bonds shall be dated November 1, A.D.1927,shall bear the name of the district improved,shall be payable to bearer five years from and after the date thereof, subject to call and prior payment as by law provided,shall be subscribed by the Mayor,attested by the Town Clerk,mider the seal of the town,shall be payable out of the moneys collected on account of the assessments made for said improvements,shall bear interest at the rate of six per centum per annum,payable semi-annually,shall have ten coupons thereto attached,attested by the original or facsimile signature of the Town Clerk evidenc ing said interest,shall be in denominations ‘, dollars of%c.-dollars,or both,except the last bond of the issue,which may be in any convenient denomina tion,and shall be numbered consecutively from one upward.The principal and interest shall be payable at the office of the Town Treasurer. Section 7.That said bonds and the coupons thereto attached shall be in substantially the following form: 5. C . UNID STATES OF A1ERICA State of Colorado, County of Larimer. Town of Estes Park Street Improvement District No.1. iTo. The Town of Estee Park,in the County of Larimer and State of Colorado,for value received,acknowledges itself in— debted and hereby promises to pay to the bearer hereof the sum of DOLLARS, in lawful money of the United States of America,on the first day of November,A.D.1932,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 May and November in each year, both principal and interest being payable at the office of tbe Town Treasurer,upon presentation 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 improvements in Street Improvement District No.1,in the Town of Estee Park,by virtue of and in full confomity with an act of the General Assembly of the State of Colorado,entitled,11An Act relating to local improvements in cities and towns,”approved April 9,1923,all other laws thereunto enabling and an ordinance of said town duly adopted,approved,published and made a law thereof prior to the issue of this bond. 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 Street Improvement District No.1, specially benefited by said improvements,and the amount of the assessments so to be made upon the real estate in said district 6. 4AZ .. for the payment hereof,with accrued interest,is by the afore said act,made a lien upon said real estate on a parity with the tax lien for general taxes,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 by law,that every requirement of law relating to the creation of said Street Improvement District No.1,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 properly done and performed,and did exist in regular and due time,form and manner,as required by law. IN T?STICNY WHE:REOF,the Town of Estee Park has caused this bond to be subscribed by its Mayor,countersigned by the Town Treasurer,attested by the Town Clerk,under the seal of the town,and the interest coupons hereto attached to be signed with the original or facsimile signature of the Town Clerk,this first day of November,A.D.1927. (Seal) __________________ Mayor. Attest: Town Clerk. Countersigned: wn Treasurer. 7. •. (Form of Coupon) Io. ___________ May On the first day of November,A.D.19 ,the Town of Estee Park will pay to the bearer __________________________ dollars in lawful money of the United States of Jmerica,at the office of the Town Treasurer,in Estee Park,Colorado,being six months’interest on its local improvement bond issued for the construction of local improvements in Street Improvement District No.1,Estee Park,Colorado,provided this bond shall not have been heretofore paid.Attached to bond dated November 1,1927 bearing No..(Facsimile signature) Town Clerk. GUARANTY C1RTIFICAT Payment of the within bond is guaranteed by the Town of Estes Park,Colorado,by Ordinance numbered ________ of said town,which ordinance was adopted,duly approved and made a law of said town on the 26th day of September,A.D.1927,by a two- thirds vote of all the members of the Board of Trustees of the Town of Estee Park,Colorado. Attest:Mayor. Town Clerk. R g 8. Section 8.That pursuant to the authority vested in the Board of Trustees of the Town of Estee Park,by Section 33 of the aforesaid law,the Town of Fetes Park,Colorado does hereby guarantee the payment of all the said local improvement bonds of Street Improvement District No.1,Estee Park,Colorado, which bonds are particularly described in and authorized by this odinance,and that the Mayor and Town Clerk of the Town of Estee Park be,and they are hereby authorized and directed to endorse on each of the aforesaid local improvement bonds the following guaranty: “Payment of the within bond is guaranteed by the Town of Estee Park,Colorado by Ordinance numbered _______ of said town,which ordinance was adopted,duly approved and made a law of said town on the 26th day of September,A.D. 1927,by a two-thirds vote of all the members of the Board of Trustees of the Town of Estee Park,Colorado. Attest: Town Clerk.” Mayor. Section 9.The Town Clerk is hereby authorized and directed to have prepared such bonds as may be required to meet the actual cost of said improvements,as herein provided,and when said bonds are prepared,to deposit the same with the Town Treasurer,to be issued as hereafter directed by the Board of Trustees. N Section 10.That the Mayor and Town Clerk be and they are hereby authorized to advertise for bids to construct said improvements,once a week for three consecutive weeks,in the Estee Park Trail,a newspaper of general circulation,published in such town. Section 11.All ordinances or parts thereof in con flict herewith are hereby repealed. 9. Section 12.3y reason of the fact that the completion at the earliest possible date of the improvements in said Street Improvement District is necessary to the immediate preservation of the public safety,a special emergency is declared to exist, and this ordinance shall take effect five days after publication. Section 13.This ordinance,after its passage,shall be recorded in a book kept for that purpose,shall be authenti cated by the signature of the Mayor and Town Clerk,shall be published in the Estes Park Trail,a newspaper published in said town,and shall be irrepealable until the indebtedness herein provided for shall be paid in full. ADOPTED AN’D PROVED thi s _______ day o ____________ A.D.1927. (Seal)Mayor. Attest: wn Clerk. 10.