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HomeMy WebLinkAboutMINUTES Estes Park General Improvement Sewer District No. 1 1970-05-11STATE OF COLORADO COUNTY OF LARIMER ) ss. ESTES PARK GENERAL IMPROVEMENT ) SEWER DISTRICT NO. 1 ) NOTICE OF MEETING NOTICE is hereby given that a meeting of the Town Board, ex-officio Board of Directors of Estes Park General Improvement Sewer District No. 1, will be held at 72 ,r/ /`BALL , Estes Park, Colorado, on Monday, the llth day of May, 1970, at the hour of 7: 3a o'clock P.M., at which meeting the Board will consider and take action re- lating to a Special Bond Election to authorize financing improvements for said District. GIVEN under our hands and the seal of said District as of the t day of Pal , 1970. (_S-E•A L. ) Presiden Secretary ACKNOWLEDGMENT OF NOTICE AND CONSENT TO MEETING We, the undersigned, members of the Town Board, ex- officio Board of Directors of Estes Park General Improvement Sewer District No. 1, Larimer County, Colorado, do hereby acknowledge receipt of the foregoing notice of a meeting, and we hereby waive any and all irregularities, if any, in such Notice and in the time and manner of service thereof upon us, and consent and agree to the holding of such meeting at the time and place specified in said Notice, and to the transaction of any and all business which may come before such meeting. - 10 - STATE OF COLORADO ) ) COUNTY OF LARIMER ) ss. ) ESTES PARK GENERAL IMPROVEMENT ) SEWER DISTRICT NO. 1 ) The Board of Trustees of the Town of Estes Park, Larimer County, Colorado, ex-officio the Board of Directors of Estes Park General Improvement Sewer District No. 1, met in regular session at the Town Hall in Estes Park, Larimer day, the llth day of May, 1970, at the P.M. There were present: Mayor, ex-officio Chairman and President: Councilmen, ex-officio Directors: Also present: Town Clerk, ex-officio Secretary: Town Treasurer, ex-officio District Treasurer: Absent: County, Colorado, on Mon - hour of 7:30 o' clock R A4sc71'T' Henry D. Dannels aca,91_0 fi / 2ocv✓FiE-2,.D E. S. Trri-ekson 46ex/1 f?2osSc— William F. Creve-; Sr. N. T. Petrocine Marvin L. Steele Harry B. Tregent Dale G. Hill Henry D. Dannels After consideration of other ing Ordinance: matters, Director introduced and there was read in full the f ollow- WILLSON a LAMM ATTORNEYS AT LAW DENVER, COLORADO ORDINANCE NO. 1-1970 AN ORDINANCE SUBMITTING TO THE QUALIFIED ELECTORS OF ESTES PARK GENERAL IMPROVEMENT SEWER DISTRICT NO. 1, ESTES PARK, COLORADO, THE QUESTION OF ISSUING BONDS OF SAID DIS- TRICT IN A PRINCIPAL AMOUNT NOT EXCEEDING $80,000, FOR THE PURPOSE OF PROVIDING FUNDS WITH WHICH TO PAY THE COSTS AND EXPENSES OF CONSTRUCTING A SANITARY SEWER COLLECTION AND TRANSMISSION SYSTEM FOR THE DISTRICT, AND ALL INCIDENTALS AND APPURTENANCES THERETO, PROVIDING FOR THE CONDUCT OF SAID ELECTION AND THE DETAILS THEREOF; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the Board of Directors of Estes Park General Improvement Sewer District No. 1 has determined and hereby deter- mines that the interest of the District and the public interest and necessity demand that provision be made for a complete sanitary sewage collection and transmission system, to be connected to ex- isting treatment and disposal facilities for the District; and WHEREAS, the present estimated cost of the proposed sanitary sewer facilities is approximately $80,000, and the prin- cipal amount of indebtedness to be incurred for such improvements shall not exceed such estimated costs, and the maximum net effect- ive interest rate to be paid on such indebtedness shall not exceed 8.00% per annum; and WHEREAS, it is necessary to submit to the qualified electors of the District the question of issuing negotiable coupon bonds of the District in such amount for said purpose; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, EX-OFFICIO THE BOARD OF DIRECTORS OF ESTES PARK GENERAL IMPROVEMENT SEWER DISTRICT NO. 1: WILLSON L4 LAM! ATTORNEYS AT LAW DENVER. COLORADO - 12 - 1. That a special election of the qualified electors of the District shall be at the Tyrol Motel, in said District, on Tuesday, the 9th day of June, 1970, between the hours of 7:00 o'clock A.M. and 7:00 o'clock P.M., of said day, at which election there shall be submitted, to the qualified electors of the Dis- trict, the questions stated in the forms of Ballot and Notice hereinafter set forth. 2. That it is hereby determined and declared that there are less than three thousand electors qualified to vote at said election, and that there shall be one district election precinct, the polling place to be as indicated above. The boundaries of the district election precinct shall be the same as the boundaries of the District. 3. Ballots to be used in voting upon the question submitted shall be in substantially the following form: - 13 - OFFICIALBALLOT ESTES PARK GENERAL IMPROVEMENT SEWER DISTRICT NO. 1 ESTES PARK, LARIMER COUNTY, COLORADO SPECIAL BOND ELECTION JUNE 9, 1970 Question Submitted: "Shall Estes Park General Improvement Sewer District No. 1, Estes Park, Larimer County, Colorado, issue its general obligation negotiable coupon bonds in a principal amount not exceeding $80,000 for the pur- pose of providing funds for construction of a complete sanitary sewage collection and transmission system, facilities and service, together with all incidental and appurtenant facilities, for the District and its inhabitants, such bonds to bear interest at a net effective interest rate not exceeding 8.00% per annum, payable semi-annually, to mature serially within 20 years from their date, and may be redeemable at the option of the District at such time or times and in such manner, upon payment of such premium, or premiums, if any, not exceeding 3% of principal, as may later be determined by the Board of Directors?" FOR THE SEWER BONDS AGAINST THE SEWER BONDS (The elector shall indicate his vote by placing a cross (x) in the square opposite the words expressing his choice.) - 14 (To appear on Back of Official Ballot): "Official Ballot of Estes Park General Improvement Sewer District No. 1, Estes Park, Larimer County, Colorado, for Bond Election held June 9, 1970. (Facsimile Signature) Secretary's - 15 - 4. That at said election there shall be provided separate ballot boxes and separate ballots, identical except for color, for the qualified taxpaying electors of the District and the qualified electors of the District who are not taxpaying electors. The Secretary of the Board shall supply the poll- ing place with two ballot boxes, one to be designated Ballot Box "A", in which shall be deposited white ballots of the qualified electors of the District who are not taxpaying electors, and the other to be designated Ballot Box "B", in which shall be deposited colored ballots of the qualified taxpaying electors of the District. An "elector" or "qualified elector" of the District is a person who, on election day, is qualified to vote at general elections in this State, and Who has been a resident of the District for not less than thirty (30) days; or Who or whose spouse, owns taxable real or personal property within the District, whether said person resides in the Dis- trict or not. A "taxpaying elector" is an elector who, or whose spouse, owns taxable real or personal -property within the District, whether said person resides within the District or not. The Secretary shall cause to be prepared and delivered to the election officials of the polling place, a sufficient num- ber of ballots printed on white and colored paper, both of which shall contain the same statement of the proposal to be voted upon and the same instructions concerning the manner of marking the ballot. 5. That /t14. Seft0e0dc-Vc?� , /1.A .cNra���L and c24nic,s, .c/./Rz ..01. qualified electors of the District, shall act as Judges of said election and they shall each receive $ /.f°-= cash for their services. - 16 - 6. That said election shall be held and conducted as nearly as may be in thesame manner as general elections are held and conducted in this State. 7. That immediately after the closing of the polls, the Judges of election shall open Ballot Box "A", and count and canvass the ballots therein, and at the conclusion of said canvass, they shall open, count and canvass the ballots in Ballot Box "B". Separate and distinct records shall be made of the canvass of each ballot box, and the Judges of election shall promptly thereafter certify the result to the Secretary of the District. The returns of said election shall be canvassed and the result declared at the next regular or special meeting of the District Board. 8. The Secretary of the District shall cause a Notice of said election to be published one a week in not less than three Rocha- si✓ Gig2 77? consecutive weekly editions of the es r kTLr-a 1, Estes Park, Colorado, a newspaper of general circulation in the District, the first publication of such Notice to be not less than twenty (20) days prior to the date of the election. As nearly as possible said publications shall be on the following dates: May , 21 May �2, May .0, and June ., 1970 Such Notice shall be in substantially the following form: - 17 - NOTICE OF SPECIAL BOND ELECTION ESTES PARK GENERAL IMPROVEMENT SEWER DISTRICT NO. 1 ESTES PARK, LARIMER COUNTY, COLORADO JUNE 9, 1970 PUBLIC NOTICE IS HEREBY GIVEN That on Tuesday, the 9th day of June, 1970, between the hours of 7:00 o'clock A.M. and 7:00 o'clock P.M., at the Tyrol Motel, in the District, there will be submitted to the qualified electors of Estes Park General Improve- ment Sewer District No. 1 the following question: Question Submitted: "Shall Estes Park General Improvement Sewer District. No. 1, Estes Park, Larimer County, Colorado, issue its general obligation negotiable coupon bonds in a principal amount not exceeding $80,000 for the pur- pose of providing funds for construction of a complete sanitary sewage collection and transmission system, facilities and service, together with all incidental and appurtenant facilities, for the District and its inhabitants, such bonds to bear interest at a net effective interest rate not exceeding 8.00% per annum, payable semi-annually, to mature serially within 20 years from their date, and may be redeemable at the option of the District at such time or times and in such manner, upon payment of such premium, or premiums, if any, not exceeding 3% of principal, as may later be determined by the Board of Directors?" There shall be two ballot boxes at the polling place, one to be designated Ballot Box "A" in which shall be deposited white ballots of the qualified electors of the District who are not taxpaying electors, and the other to be designated Ballot Box "B" in which shall be deposited colored ballots of those qualified electors who are also taxpaying electors of the District. Ballots to be used in voting on the foregoing question will be furnished by the Secretary of the District to the Judges of Election, to be by them furnished to the electors. Each elec- tor voting at said election shall deposit in the appropriate bal- lot box a ballot whereon shall be printed the questions to be voted upon and the words "FOR THE BONDS" and "AGAINST THE BONDS" follow- ing each question. The elector shall indicate his vote on each question by placing a cross (x) in the square opposite the words on the ballot which express his choice. No ballot will be received by the Judges of Election unless the person offering the same shall be a qualified elector of the District. An "elector" shall be defined as a person who, at the time of election, is qualified to vote in general elections in the State of Colorado, and - 18 - (a) Who has been a resident of the District for not less than thirty days; or (b) Who or whose spouse owns taxable real or personal property within the District, whether said person resides within the district or not. A "taxpaying elector" is an elector who, or whose spouse, owns taxable real or personal property within the District, whether said person resides within the District or not. Persons obligated to pay general taxes under a contract to purchase real property within the District shall be considered owners. Electors otherwise qualified need not be registered in order to vote. Persons who are otherwise fully qualified to vote on said question at such election, but who, on election day shall be absent from Larimer County, or by reason of their work or the nature of their employment are likely to be absent and fear they will be absent from said County, or because of serious illness or physical disability, or for reasons based upon the doctrines of established religions shall be unable to attend the polls, may apply in writing to the Secretary of the District, c/o The Town Clerk, 211 East Elk- horn Avenue, P.O. Box 1200, Estes Park, Colorado 80517, for an ab- sentee ballot not later than the Friday immediately preceding the election. IN WITNESS WHEREOF, the Board of Directors of Estes Park General Improvement Sewer District No. 1, Estes Park, Larimer County, Colorado, has caused this Notice to be given as of the llth day of May, 1970. ( S E A L ) /s/ Dale G. Hill Secretary Publish in: The st�e�� '1 Publish on: May L&, May 2, May 2g" and June 1970. - 19 - 9. Persons who are otherwise fully qualified to vote at said election on said question but who shall be absent from Larimer County on election day, or by reason of their work or the nature of their employment are likely to be absent and fear they will be absent from said County, or because of serious illness or physical disability, or for reasons based upon the doctrines of established religions shall be unable to attend the polls on said day, may apply in writing to the Secretary of the District for ab- sentee ballots. Application for said ballots shall be made to the Secretary, c/o The Town Clerk, 211 East Elkhorn Avenue, P.O. Box 1200, Estes Park, Colorado 80517, and must be made not later than the Friday immediately preceding the Election. Separate Ballot Boxes shall be used at the polls for ballots cast in person by voters at the polls and for absentee ballots. 10. That if any one or more sections or parts of this Ordinance shall be adjudged unenforceable or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance, it being the intention that the various provisions hereof are severable. 11. That since this Ordinance is one enacted for the purpose of calling a special election, it shall be finally published i fca,liza.A) 4%4Z.Ei7E in The Fetes--rar_: T.e4.1 on the 14th day of May, 1970, and shall be in full force and effect five days after said final publication. INTRODUCED, READ AND FINALLY ADOPTED This llth day of May, 1970. ( S E A _L _) Ma or Ex-officio President Ex officio Secretary - 20 - Thereupon Director moved that the foregoing Ordinance, read in full at this meeting, be finally passed and adopted as presented be published in full in The Est s U Purk Trail, a newspaper of general circulation, published in the Town of Estes Park, in its issue of May 14, 1970, and that said Ordinance, after its publication as aforesaid shall be in full corce and effect five days. after said publication. Directorseconded the motion and the question being upon the final passage and adoption of said Ordinance, the roll was called with the following result: Those voting AYE: Mayor: RonaldBz odic '947-'T Directors: Henry D. Dannels �+G�2.�r�o is ,p3.eo4v.✓fiic7—D 4 evAl AsosS[-?2_- W �-- �— N. T. Petrocine Marvin L. Steele Harry B. Tregent Those voting NAY: 4 members of the Board having voted in favor of the final passage and adoption of said Ordinance, and said number being at least three -fourths of the total membership thereof, the presiding officer thereupon declared said motion carried. Thereupon, after consideration of other matters, the meeting was adjourned. —2: ( S E A L ) Ma rP TCx� Ex-officio President ATT Town Clef k _Ex-officio Secretary - 21 - STATE OF COLORADO COUNTY OF LARIMER ) ss. ESTES PARK GENERAL IMPROVEMENT ) SEWER DISTRICT NO. 1 ) I, Dale G. Hill, Town Clerk of the Town of Estes Park, and ex-officio Secretary of Estes Park General Improvement Sewer District No. 1, Estes Park, Colorado, do hereby certify that the foregoing pages numbered 11 to 21, inclusive, are a true and cor- rect copy of a portion of the record of the proceedings of the Board of Directors of said District, had and taken at a regular meeting of said Board, held at the Town Hall, in Estes Park, in Larimer County, Colorado, on Monday, the llth day of May, 1970, commencing at the hour of 73{0 o'clock Y.M., as recorded in the official record book of the proceedings of said District kept in my office, and that said proceedings were duly had and taken; that the meeting was duly held; that present at said meeting, all as Notice of said meeting was duly form herein set forth page 10. WITNESS my hand and the seal of said District, affixed this / Z- day of May, 1970. ( S E A L ) the persons named therein were therein shown; and further, that given as required by law in the Secretary - 22 - (Please read carefully and fill in completely before signing) STATE OF COLORADO ) COUNTY OF LARIMER ) ss. ESTES PARK GENERAL IMPROVEMENT ) SEWER DISTRICT NO. 1 ) and says: ELECTOR'S AFFIDAVIT The undersigned, being first duly sworn on oath, deposes that I am qualified to vote at general elections in the State of Colorado, and that I have been a resident of Estes Park General Improvement Sewer District No. 1 for not less than thirty days; * 'that I am qualified to vote at general elections in the State of Colorado, and that I (or my spouse) own taxable real or personal property within Estes Park General Improvement Sewer District No. 1. 1970. Elector Subscribed and sworn to before me this 9th day of June, Judge of Election *(Indicate applicable phrase or phrases by placing a cross (x) in the box preceding the appropriate words). - 23 - (Form of Return Identification Envelope For Use in Absentee Voting) (Please read carefully and fill in completely before signing) From: STATE OF ) ) ss. COUNTY OF ) I, according to *i law, depose and say: in the State Park General thirty days; * , being first duly sworn that I am qualified to vote at general elections of Colorado, and that I have been a resident of Estes Improvement Sewer District No. 1 for not less than in the State that I am qualified to vote at general elections of Colorado, and that I (or my spouse) own taxable real or personal property within Estes Park General Improvement Sewer District No. 1; that my residence and post office address is and that I herein enclose my ballot in accordance with the pro- visions of the Colorado Election Code of 1963. Elector Subscribed and sworn to before me this day of , 1970. ( S E A L ) Official's Signature Title of Officer *(Indicate applicable phrase or phrases by placing a cross (x) in the box preceding the appropriate words). - 24 -