HomeMy WebLinkAboutORDINANCE 48-29ORDINANCE ?).48
Al ORDINANCE TO co’rPAcT AN I ETDESS 0$
BEHALF OF THE TOWN OP E8TES PARK,COLORADO,
AND UPON THE CREDIT THERF,liY I&UING ENDS
01 SAID TOWN TO THE AIOVNT OF 3EENT!FIVE
T1DUSANI)f75,OO0.Oo)DOlLARs,FOR THE ACU1—
517101 AND PURCHASE OF THE WATRiORLS YSTE
NO IN OPERATION IN SAID TO?R FOR FIRE AND
DOMESTIC PURPOSES,PRESCRIBING TRE OF
SAID BONDS,AND PROVIDING FOR ThE LEVYING OF
TAXES TO PA!71W SAME.
WliE.EAS,a majority of the electors of the Town of Estes Park1
who were taxpayers under the law,vUng on the ueetion at the regular eieo—
tion held April 2,1929,at the Town Hall,in the Town of Estee ?rk,approved
the acquisition and purch&ee ly said Town of the watermrks sy-stem now in
operation in said town for fire and domestic purpos.sj and -
EERNAS,the Board of Trustees of srid Town has ascertained and
deternined and hereby finds and declares that in order to acquire and purchace
the waterworks system now in operation in said Tows,it will be necessary
to issue the bonds of said Town in the s of Seventy Five Thousand ($75,000.)
Doflarsj end
WHEREAS,the Board of Trustees of said Town doe3 now deem it
necessary to proceed to acquire and purchase said watereorks and to issue the
necessary bonds to provide funds therefor:
NGW,TUEREX)RE,BE IT ORDAINED B!TIlE BOARD OP ThUSTEES OF TIlE
TOWN OP ESTES PARK,COLORADO:
Section 1.That for the purpose of providing funds for the
aaquiaitinn and purchase of the wateTrks system now in operation in said
Town for Lire and domestic purposes,said system to be owned,managed end
operated by the Town,the Town shall issue the negotiable coupon bond thereof1
in the aggregate amount of Seventy lire Thousand Dollars ($75,000.00),con
sisting of one bond in the denomination of Seventy Five Thousand Dollars
($7 5,000.00),payable in lwLul money of the United States of America,and
bearing inter9st from and after the first doy of April,1929,t the rate of
tour and one-half per oemim per annur.,payable semi—aniaUy on the first,
day of April and the first day of October in each year,ad evidenced by
VVVV.•2
intereat ooupona to be attached to said bond.Said bond sh&I1 be absolutely
due and pyab1e on the first day of April,1944,but shall be redeeab1e it
th,option of said To any time •fter the first dy of April,1939.Said
bond and the coupons thereto attached shall be pr;?.ble at the office of the
Town Treamwsr ct Estee Park,Colorado.Said bond ahiU boar date the first
dey of April,1929,and shall be signed by the Mayor,attested by the Town
Clerk and Recorder,under the official seal of said Town,counteraigned by
the Town Treamrer,and shall be recorded in a book to be kept by the said
Town Clerk for that purpose;
V
the coupons atttched to said bond shall bear the
original or the facsimile eignature of the arr of said Town.
Section 2.That the said bond and 1he coupons thereto attached
shall b in ubatcrntially the following form:
V’kV
—22 -
UNITEI)STATES OF 1UCi
STATE OF COLORADO
CoUNTY OF LANIMY!t TOWN OF ESTES PARE
ESTES PPX iATER B)ND
No.I $75,000.00
The Tom of Estee Park,in the County of Lrimer and State of
Colorado,acknowledges itself indebted and for value reoeivod hereby proises
to pay to bearer
SEVENTY FIVE TI)U SAND DOLtJRS
in lawful s0n57 of the United L3tate of ierica,on the first day of April,
A.1).l44,reserving the right to pay the seas at the pleasure of the Town,
at any tine f tar the first dy of April,A.I).1959,with interest thereon
at the rate of four and one-half pez centun per an,payable aesi—anmiaUy
on the First day of April and the First day of October in each year,upon
presentation and surrender of the smexed coupons as they severally beooae
die,both principal nd interest being pay’tble at the office of the Town
Treasurer at Estee Park,Colorado.
This bond is ia±nied by the Board of Trustees of the Town of Eates
Park for the purpose of tmpplying said Town with waters under the authority
of and in full conforraity itith the Constitution of the State of Colorado,the
provisions of Chapter OIJZflI,Copile4 Laws of Colorado,)J21,and all acts
aaendatory thereof and eupplenentl thereto,and in pursuance of an ordinance
of said Town duly adopted,publi shad and aade a law of acid Town prior to the
issuance of this bond;and it is hereby certified and recited that 41.the
requirements of law have been rally complied with by the proper officers in
the issue of this bond,and that the total debt of the Towns incluilng that
of this bond,does not exceed arr unit of indebtadnesa prescribed by the
Constitution or laws of the State of Colorado,and that provision has been
sade for the levy and colleotion of an annual tax sufficient to pay the inter
est on this bond and also discharge the principal thereof when the sane be
costs due.
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The faitai and credit of the Toii of Zstes Park are hereby
punotual payaenb of the prinDipal nd ixztereñ on this bond,
IJ T!STI3XNY RER7!X)F,the Bod ef Tstees of the Town of
Iie tea Park has caused this band to be signed by the Lyr of said Toe
attested y the Clerk thareof,under the seal of the Town and coiuitersigned
by-its Treasurer as of the first day of April,A.D.l92.
ATTE3T:
OOUNBIGNED
Town Clerk
Toz.Tr;urr
V.V
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VVV
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pledged for the
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—24-
flora of Ooupon)
$1,687.60
April,
On th first d ,f Ootøber,A.D.18 ,bbs town of
sates Park,in the County of Lctri.er aLI4 5at of Co1o:ido,wU].pay to bearer
ON T)U3A f3i iUNDREt EIG?!SLVU A!)50/100 Dot1s,in 1nwfiI.money of
the United States of Aner1ea,at the office of the Town Treasurer1 ste F ark1
Coior&ia,being six mntbs itc’tit Ofl !e.ite Frk kt.r Bond dated April
1,18%,and bearing
,.L
(Do not sign)
Trea3urer
—25—
4.
Section 5.That n said band has been duly executed as afore—
said,it 3ha11 be delivered to the purchaser thereof,and said bond and the
funds raised thereby shall be applied solely to the purpose aforesaid,of the
acquisition snd purchase of the terworks system noW in oporsition in said
Thwri for fire and domestic purposes within and for said Tosn,and for no
øther purpos.whatsoever,but the purchrser of said bond ahnll in no manner
be responsible for the application or disposal by said Towu,or any of its
officers,of a of the funds derived frog the sale thereof.
Section 4.The interest due on said bond on October 1,1929,
shall be paid out of the general fund of said Toi,and for the purpose of
reimbursing said fund and for the purpose of meeting the interest accruing
threafter on the said bond prosiptly and as the same accrues,and for the
purpose of creating a sinking fund fer the ultimate payment end redemptien
of the said bond,there shall be levied on all the taxabl,property in said
Town,in addition to all other taxes,direct annual taxes in the following
smounta and at the fóflo’ing times,to—witc
In the year 1929,a tax sufficient to produce the sum
of $5,062.50 for intareet
In aob of the years 1930 to 1957,inclusive,a tax
sufficient to produce the sun of $3,575.00 for interest;
In each of the years 1958 to 1942k inclusive a tax
sufficient to produce the sun of $18,375.00,being
$3,575.00 for interest aid *15,000.00 for principal;
In the year 1943,a tax sufficient to produce the
sum of i,€87.5O for interest.
And said taxes when collected,shall be applied solely to
the purpose of the payment of the maid interest and principal of seiA bond,
respectively,and for no other purpose whatever,until the indebtedness so
contracted,under this ordinance,both principal and interest,shall have been
fully paid,atiafted and discharged,but no thin herein contained shall be
so construed as to prevent said Town frosi applying any other funds that nay
be in the Teen treasury ftnd avai1b1e for that purpose,to the payment of said
interest or principal,as the same resp.otively mt’ture,and the levy or levies
herein provided for nay thereupon to that extant be diminished,
2
And the sums hereinbafore provided for to meet the interes4 on
said bonds ad to discharge the principal thereof hen due,aro hereby appro
printed for that purpose,and said azont for each year shall also be inclucle4
in the annual appropriation bills pasoed by the oard of Trnatees of
in each year,rpect1ely.
section 5.It shall be the duty of the Board of Trustees of V,
said Town,annually,at the tine and in the manner provided by law for levy—IVIV
ing other Town taxes,if such action shell be neoeasex to effectuate the V
provisions of this ordinance,to ratify and carry out the provisina hereof
with re’orence to th.levying and collection of taxes;and shall requze the
officers of and for said town to levy,extend and collect such taxes in the
manner provided by law for the purpos.of creating a fund for the p.yment of
the principal of said boud1 and interest thereon,and such taxes,alien col
lected,ihail be kept for and applied only to the payment of the interest and
principal of said bonds as hereinbeforo specified.
Section 6.AU ordinances,by—laws and regulations of the
Town of Estes Park in conflict ith this ordinance are hereby repealed.
Section?.!fter said b4s are issued this ordinance ahall
be and remain irrepealable until said bonde and the interest thereon shall
hay,b•en fully paid,satisfied and discharged1 as herein provided.
&ction 0.This ordinance,imnediately on its final pasage
shall be recorded in the Town book of ordinances kept for that purpose,authen
ticatod by the signatures of the L&yor and Clerk,and shall be published in
The Estes Park Trail,a neaspiper published and of general circulation in said
Town,
Bection 9.reason of th.fact that the saterirks system
now in operation ifl said Town is available only for iinnediate purchase and
prompt action on the part of the Town is necessary,en emergency is deliared
to exist,and this ordinance shall be in full force and effect five days
after publication.
PA38D,ADOPThD A1D AFPIiDV%D,this 8th dity of Api1,1929.
(SEAt)
%wu Clerk
1
I’
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Xt was then moved L.i Grace
by Trustee C •N.Ropkw.ll that all rules of this Board which eight pre—
vent,unlos suspended,the final passage and adoption of this ordinance at
this meeting,be and the same are hereby-suspended for the purpose of pereit
ting the final passing Sand adopting of said ordinance at this meeting.
The question being upon the adoption of said motion and the
suspension of the rules,the roil was called,with the following result*
Those voting Aye:Trustees Grace,Ji,Low,Preston,Rivers
and Rockwell.
Those voting Nay:None.
j1 uiewbers of the Board of Trustees having voted in favor
of said motion,the presiding officer declared said motion carried and the
rules suspended.
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Trustee G1.n H.Prestoathen moved that said ordinance entitled:
An Ordinance to contract an indebtedness on behalf of the Town of Rates Park,
Colo”ado,and upon the credit thereof,by issuing bonds of said Town a the
amount of Seventy Five Thousand ($Th,000.OO)Dollars,for the cictquisition
and purchase of the watarworks system now in operation in said Town for fire
and domestic purposes,prescribing the form of said bonds,and providing for
the le’vying of taxes to pay the same!heretofore introduced and read in full
at this mezting,be now placed upon its passage.
Trustee E.R.Riy,j seconded the motion,and the uea—
tion being upon the placing of said ordinance upon its page,the roll was
called with the following result:
Thoew voting Aye:Trustees Grace,Low,Preston,Rivers
and Rockwell.
Those voting Nay:None.
The presiding officer declared to.motion carried and the
ordinance placed upon its passage.
Trustee Clyde M.Low then moved that said ordinance be
passed and adopted as read.
—29
Trustee L.E •seconded the sotion.
The question being upon the passage and adoption of eaid
ordinance,the roil wau called with the foflo;ving result:
Tbose voting r.:Trustees Grace,Low,?reaton Rivers
and ockweU.
Those voting Nag:None.
The presiding offioer thereupon declarod that tb—fourths
of all of the truetee elected Iv’.vin voted in favor thereof,the said motion
was carried and the said ordinance duly passed and adopted.
On totion duly adopted,it was ordered that said ordinance
be numbered 48 and after aP?TOVal by the yor be publised in The Estes
Park Trail,the official newspaper of the To an,and be recorded according to
law.
(Seal)
ATflS!e*
STATE OF COLORADO,)
)
COUNTI OF LARIME,)
TOWN Of 5TES PARK.)
I,C{ARLW 1.BIX,Town Clerk and Recorder of the Town of
Estee Park,do hereby certify that the foregoing fourteen pages,numbered
from 12 to 25,inclusive,constitute a full and correct copy of the record
of proceedings of the Board of Trustees of aaid Town,taken at a regular
meeting thereof,held on the 6th day of April,1929,insofar as said minutes
relate to the passage of an ordinance,a copy of which is therein set forth,
entitled,“An Ordinance to contract an indebtedness on behalf of the Town of
Estee Park,Colorado,and upon the credit thereof,by issuing bonds of said
Town to the amount of Seventy Five Thousand (75,OOOOO)Doflars,for the
acquisition and purchase of the waterworks system now in operation in said
Town for fire and domestic purposes,prescribing the form of said bonds,and
providing for the lwvying of taxes to pay the same”.That said copy of said
ordinance contained in said minutes is a full,true and correct copy of the
original of said ordinance as passed by the Board of Trustees at said meeting;
that said original ordinance has been duly authenticated by the signatures of
the presiding officer of the Board of Trustees and myself,as Clerk and Re—
corder of said Town,and sealed with the corporate see].of said To ;cn,and
signed and approved by the Mayor,and recorded in the book of ordinances of
said Ton kept for that purpose in my offie which record has been duly signed
by the said officers az4 sealed with the s,al of said.Town;that acid ordi
nance was on April l2th 1929,published in full in The Istes Park Trail,
a newspaper published and of general circulation in said Town,the same being
the official newspaper of said Town.
I further certify that the Mayor and members of the Board
of Trustees were present at said meeting,and that the members of said Board
i:D
voted on the passage of said ordinanoe as in said minutes set forth..
IN .iITNSS WR’,I have hereunto set y hand and the
seal of s’.id Town,this 12th day of April,1929.
C SEAL)
*
2
än Clerk
.
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,
434
32
STATE 0?COLORLDO,
)
COU!T DP IJ1tMi
It%••,7-L ‘
hereby certified by the under:3ied,the duly elected,
Mayor,Clerk and Treasurer of the Town of Estes Parks in
1.That the 1920 official population of the Town of Estes Park
300 and that the present estimated population is
_________
2.That the Town of Estea Park was organised and is operiting
under the prov1sion of Chapter CLXIII,Coepiled Laws of Colorado,1921,and
all mondmente thereof,and that the Tows of Estee Park was incorporated in
the year end that the validi of such incorporation has never been
questioned.
5.That the Town,as originally incorporated,has neve been
cono1idated with or :e:eI to w cther.’unicfpa)ity.
4.T1vt no territory baa been disconnected from the Town as
orginail incorporated.
5.That at the present tine,the Town and the ina1iitants
therecf are uppliod with ‘ater from the wat:eyste to be acquired by pur-.
chase 3y said Town.
6.That from the 1t day of February,1929,up to and inclu
ding the 2nd day of April,1929,the fo11ovdn we:e the duly elected,qualified
and acting officers of said Town,to—wit:
Mayor:3amuel Service
Town Clerk:Charles P.Hj
Town Treaaurer:Albert Hayden
TRUSTEES:Albert Hayden E,L Iiverm
C.M.Low H.0.Preston
A.K.Holmes Frank C.Bond,appointed
Acting Mayor
That from the 2nd day of Ipril,1929,to and including
the date of this certificate,the following were the duly elected,¶lualified
and acting officers of said Tovu,to—it
--
cuaiif lad
the tate
It is
and acting
of Colorado:
(Th
A
Mayor:FTank C.Bond
Town Clerk Charles F.Hix
Town Treasurer:L.E.Grace
TRUSTEES:B.E.Grace Glen H.Preston
C.Byron Hail E.R.Rivers
V Clyde M.Low 0.N.ockvell
7.That there is no Utigation pending,and,so far as is
known to the Board oi Trustees of the Town of Estee Park,no threatened
litigation with respect to the proposed water bond in the aggregate amount
of Seventy Five Thousand (76,OOo.OO)Doilars,to bear date April 1,1929,
for the purpose of providing funds for the ac:uisition and purchase of the
waterworks aye teri now in operation in said Town,and that nothing exiat to
hinder or prevent the issue of said bonda in strict con.iormity with law.
IN VJTNES$iI1EREOF,the Board of Trustees of the Town of
Estee Park has caused this certificate to be made and executed under the
ea1 of the Town,this 22nd day of April,A.B.1929.
-
—
L_/A
Mayor /
Town Trea er
(SEM4)
——
STATE OF GQLORADO,)
)SS:
COUNTY OF LARIMER.)
The undersigned,the duly elected,qualified and acting
Mayor,Clerk and Treasurer and members of the Board of Trustees of the Town
of Estee Park,in the State of Colorado,being first separately sworn cn oath,
and each for himself and not one for another,deposes and says:
That the proceeds,and every-part thereof,of the water bond
issue of said Town,dated April 1,1929,in the amount of Seventy—Five Thou
sand (#75,000.00)Dollars,will be used solely and exclusively for the purpose
of acquiring by purchase the waterworks system now in operation in said Town,
and for no other purpose whatsoever.
I -
/Zt L /
/Mayor
Treasurer /
Trustees:
___________________________
-
‘
Subscribed and separately sworn to before me this 22nd
day of April,1929.My commission expires August 21,1929
(SEAL)Notary Public
—36 —
In the Matter of
STES PARK,C0L0iiD0,ATF.R B0ID
SEVE1TY FIVE TIDJ5AND DOLLAPS
Dated April 1,i92.
The undersigned,Aasistant Cashier of the Estes Park Bank
of Estes Park,Colorado,hereby certifies that he is personally ac-uaiuted
with Frank C.Bond,Mayor,Charles F.Hix,Clerk and L.E.Grace
Treasurer of the Town of Estes Park;that he knows that the above mentioned
officers were the Mayor,Town Clerk and Treasurer upon the date of the exe
cution aud delivery of that certain water bond issued by the Town in the
amount of Seventy Five Thousand f $75,000.00)Dollars dated April 1,1929;
that he is acquainted with the signatures of said officers and knows that the
signatures arpearing upon said bond are the signatures of such officers,
respectively;and that said officers have to this certificate attached their
respective signatures as follows:
t/
aaayor
_
Town Clerk
Town Treasur r
SIGNED AND CERTIFIED this 23rd day of April,A.0.
1929.-
4L4/Z/j%ø
tsiftant Cashier of the Etes Park
Bank,Eites Park,Colorado
(Bank Seal)
—37 —