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HomeMy WebLinkAboutORDINANCE 40-72-0 STATE OF COLORADO ) COUNTY OF LARIM2R )ss. TOWN OF ESTES PARK The Board of Trustees of the Town of Estes Park,Colo rado,met in egulcr session at the Town Hall in the Town,on Monday,the 23rd day of October,1972,at 7 3Q o’clock P.M. Upon roll call the following were present: Mayor:Harry B.Tregent Mayor Pro Tern:Glenn Prosser Trustees:Robert E.Burge-s-s H.Bernerd Dannejs N.T.Petrocine Rollen Sutter Robert E.Wagner Also present: Town Clerk:Dale G.Hill Town Treasurer:NT.Petrocine Town Attorney: ____________________ Absent:J,.,-//Zg.cs Thereupon Trustee //‘/,1 introduced and there was read in full the following Ordinance: —22 — ORDINANCE NO./‘t.-77 AN ORDINANCE TO CONTRACT AN INDEBTEDNESS ON BEHALF OF THE TOWN OF ESTES PARK.,COLORADO, AND UPON THE CREDIT THEREOF BY ISSUING GENERAL OBLIGATION BUILDING BONDS OF.THE TOWN IN THE PRINCIPAL AMOUNT OF $600,000 FOR THE PURPOSE OF IMPROVING AND FURNISHING AN EXISTING BUILD ING AND CONSTRUCTING AND FURNISHING A NEW BUILDING,BOTH TO BE USED FOR MUNICIPAL PURPOSES;PRESCRIBING THE FORM OF SAID BONDS AND PROVIDING FOR THE LEVY OF TAXES TO PAY THE BONDS AND THE INTEREST THEREON;AND DECLARING AN EMERGENCY. WHEREAS,at a special municipal election duly called and held in the Town of Estes Park,Colorado,on Tuesday,October 17,1972,a majority of the registered,qualified electors voting thereat,approved the question of issuing general obligation bonds of the Town in the principal amount not exceeding $600,000,for the purpose of improving and furnishing an existing building,and constructing and furnishing a new building,both to be used for municipal purposes;and WHEREAS,the results of said election have been duly canvassed and certified,as required by law;and WHEREAS,the Board of Trustees has determined it is necessary and advisable at this time to authorize the issuance of said bonds in the amount of $600,000 for said purpose; BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,LARIMER COUNTY,COLORADO: Section 1.Bond Details.That for the purpose of improving and furnishing an existing building,and constructing and furnishing a new building,both to be used for municipal purposes,the Town shall issue its general obligation negotiable coupon bonds in the principal amount of $600,000,each to be designated “General Obligation Building Bond.”The bonds shall be —23 — Ti,0.0 dated November 1,1972 and consist of 120 bonds in the denomination of $5,000 each,numbered 1 to 120,inclusive,bearing interest payable on May 1,1973,and semi-annually thereafter on the 1st day of May and the 1st day of November each year,as evidenced by interest coupons attached to said bonds,and maturing serially on November 1,as follows: Amount Maturity Interest Rate $20,000 1973 5—1/4% 25,000 1974 5—1/4% 30,000 1975 and 1976 5—1/4% 65,000 1977 5—1/4% 70,000 1978 5—1/4% 75,000 1979 5—1/4% 80,000 1980 4.80% 100,000 1981 4.80% 105,000 1982 4.80% The net effective interest rate of this issue of bonds is ________% per annum. Bonds of this issue are not redeemable prior to their respective maturity dates. The bonds and the interest coupons attached thereto shall be payable in lawful money of the United States of America, at the Office of the Town Treasurer,in Estes Park,Colorado. Section 2.Form and Execution of Bonds and Interest Coupons.The Bonds shall be signed with the facsimile signature of the Mayor of the Town,sealed with a facsimile of the seal of the Town,attested by the manual signature of the Town Clerk and countersigned with the facsimile signature of the Town Treasurer. The interest coupons attached to said bonds shall bear the facsimile signature of the Town Treasurer,and when issued as aforesaid as part of said bonds,shall be the binding obligations of the Town according to their import.Should any officer whose —24 — 0 0” manual or facsimile signature appears on said bonds or the interest coupons attached thereto cease to be such officer before delivery of the bonds to the purchaser,such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes. The bonds and the interest coupons attached thereto shall be in substantially the following form: —25 — 0 0 (Form of Bond) UNITED STATES OF AMERICA STATE OF COLORADO COUNTY OF LARIMER TOWN OF ESTES PARK GENERAL OBLIGATION BUILDING BOND No.$5,000 The Town of Estes Park,in the County of Larimer and State of Colorado,acknowledges itself indebted and hereby promises to pay to the bearer hereof the principal sum of FIVE THOUSAND DOLLARS on the 1st day of November,19,with interest thereon at the rate of ______________________________ per centum C %) per annum,payable on May 1,1973,and semi—annually thereafter on the 1st day of May and the 1st day of November each year,both principal and interest being payable in lawful money of the United States of ?merica,at the Office of the Town Treasurer,in Estes Park,Colorado,upon presentation and surrender of said coupons and this Bond as they severally become due. Bonds of this issue are not redeemable prior to their respective maturity dates. This Bond is issued by the Board of Trustees of the Town of Estes Park,Colorado,for the purpose of improving and furnishing an existing building,and constructing and furnishing a new building,both to be used for municipal purposes,under the authority of and in full conformity with the Constitution and Laws of the State of Colorado,and pursuant to an Ordinance duly adopted,published and made a law of the Town prior to the issuance of this Bond and that the issuance of this Bond was authorized at an election duly called and held in the Town of Estes Park, on the 17th day of October,1972. —26 — ot 0 It is hereby certified and recited that all the require ments of law have been duly complied with by the proper officers of the Town in the issuance of this Bond;that the total debt of the Town,including that of this Bond,does not exceed any limit of indebtedness prescribed by the Constitution or Laws of the State of Colorado;and that provision has been made for the levy and collection of an annual tax on all the taxable property in the Town sufficient to pay the interest on and principal of this Bond when the same become due. The full faith and credit of the Town of Estes Park, Colorado,are hereby pledged for the punctual payment of the principal of and interest on this Bond. IN TESTIMONY WHEREOF,the Board of Trustees of the Town of Estes Park,Colorado,has caused this Bond to be signed with the facsimile signature of the Mayor of the Town,sealed with a facsimile of the seal of the Town,attested by the manual sianature of the Town Clerk,countersigned with the facsimile signature of the Town Treasurer,and the interest coupons attached hereto to be signed with the facsimile signature of the Town Treasurer,as of the 1st day of November,1972. (FACSIMILE) S E A L )TOWN OF ESTES PARK,COLORADO ATTEST:By (Facsimile Sianature) Mayor (Manual Signature)COUNTERS IGNED: Town Clerk (Facsimile Signature) Town Treasurer —27 — 0 Section 3.Disposition of Bond Proceeds.When said bonds have been duly executed,the Town Treasurer is hereby directed to deliver the bonds to the purchaser thereof on receipt of the agreed purchase price therefor.The proceeds of the bonds shall be used only for the purpose of improving and furnishing an existing building,and constructing and furnishing a new building,both to be used for municipal purposes;and for paying the costs and expenses incurred incidental to the issuance of said bonds and for no other purpose whatever.Neither the purchaser of said bonds nor the subsequent holder of any of them shall be responsible for the application or disposal by the Town,or any of its officers, of any of the funds derived from the sale thereof. The proceeds of the bonds herein authorized shall be used only for the purposes recited above;provided,however,that any portion of the bond proceeds may be temporarily invested pending such use in securities or obligations which are lawful in vestments for municipalities in the State of Colorado.The tem porary investment of the bond proceeds,or any portion thereof, shall be of such nature and extent,and for such period,that the bonds of the Town shall not be or become arbitrage bonds within the meaning of Section 103(d)of the Internal Revenue Code,and pertinent regulations,and such proceeds,if so invested,shall be subject to the limitations and restrictions of said Section 103 (d)(4),as the same now exists or may later be amended,and shall further be subject to any applicable regulations of the Internal Revenue Service. Section 4.Payment of Principal and Interest.If necessary,the amount of interest to become due on said Bonds on May 1,1973 and November 1,1973,and the principal amount due on November 1,1973,shall be advanced from any other fund or funds —29 — 0 0 STATE OF COLORADO •GENERAL INCUMBENCY COUNTY OF LARIMER )ss. CERTIFICATE TOWN OF ESTES PARK V The undersigned,each for himself,being first duly sworn on oath,deposes and says: 1.That they are,respectively,the duly elected or appointed,qualified and acting Mayor,Town Clerk,and Town Treasurer of the Town of Estes Park,Colorado. 2.That the Town of Estes Park,Larimer County,Colo rado,is a municipal corporation of the State,duly organized and existing under and by virtue of the general laws thereof relating to towns,and that the Town was incorporated in the year /9/7 3.That for the period from the 28th day of August, 1972,to and including the date of this Affidavit,the following have been and now are the duly elected,or appointed,qualified and acting members of the Board of Trustees or officers of the Town of Estes Park: Mayor:Harry B.Tregent Mayor Pro Tem:Glenn Prosser Trustees:Robert E.Burgess H.Bernard Danners N.T.Petrocine Rollen Sutter Robert E.Wagner Town Clerk:Dale G.Hill Town Treasurer:N.T.Petrocine Town Attorney:/ —37 — IN WITNESS WHEREOF,We have hereunto set our hands and the official seal of the Town of Estes Park,Colorado,this day of __________________, 1972. % ‘yor Town Clerk Town Treasurer Subscribed and sworn to before me this ______ day of ____________________ 1972. My commission expires J4’/t97L (NOTARY / SEAL) _______________ Nothry Public a 38 — 0 Q I STATE OF COLORADO COUNTY OF LARIMER )ss.NO-LITIGATION CERTIFICATE TOWN OF ESTES PARK ) The undersigned officers of the Town of Estes Park, Larimer County,Colorado,being at the date of this Certificate about to issue that certain series of negotiable coupon General Obligation Building Bonds,dated November 1,1972,in the principal amount of $600,000,for the purpose of improving and furnishing an existing building,and constructing and furnishing a new build ing,both to be used for municipal purposes,hereby certify as follows: 1.That no litigation of any nature is now pending or threatened restraining or enjoining the issuance or delivery of said bonds or the levy or collection of any taxes to pay the interest on or principal of said bonds,or in any manner questioning the authority or proceedings for the issuance of said bonds or for the levy or collection of said taxes,or affecting the validity of said bonds or the levy or collection of said taxes; 2.That neither the corporate existence of the Town, the present boundaries thereof,nor the rights of the officers to hold their respective offices,is being contested or challenged; 3.That no authority or proceedings for the issuance of said bonds has or have been repealed,revoked or rescinded; 4.That no bonds of the Town have been heretofore issued under or pursuant to such proceedings; —39 — 0.0 5.That,so far as is known nothing exists to hinder or prevent the Town from issuing such bonds. IN WITNESS WHEREOF,the Board of Trustees of the Town of Estes Park,Colorado,has caused this Certificate to be signed by the Mayor and the Town Treasurer,sealed with the seal of the -tt’1LtTh Town and attested by the Town Clerk,this _____ day of ____________ 1972. (SEAL) Town Treasurer ATTE —40 — 0:0 STATE OF COLORADO ) SS..CERTIFICATE OF VALUATION COUNTY OF LARIMER ) I, _________________________________, County Clerk and Recorder of Larimer County,Colorado,do hereby certify that the actual value of the taxable property within the Town of Estes Park,Larimer County,Colorado,being the actual value for the year 197,as shown by the official records of the County Assessor’s office,was and is $______________________ IN TESTIMONY WHEREOF,I have hereunto affixed my off I cial signature and the seal of said County,at Fort Collins,Colo rado,this day of ____________________, 1972. (SEAL) ___________________ County Clerk and Recorder Larimer County,Colorado EXAMINED and found correct as to valuation this day of - ,1972. County Assessor Larimer County,Colorado —42 — FACSIMILE SIGNATURE CERTIFICATE STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Before me,the undersigned authority,personally appeared, who,being by me first duly sworn on oath,deposes and says: 1.That lie (she)is the duly and lawfully elected or ap pointed,qualified,sworn and acting officer of the Town of Estes Park,Colorado as indicated below: NAME TITLE TERM EXPIRES T.Petrocine Town Trasurer 797 *fFill in name of officer exactly as his (her)signature appears in in Item 3) 2.That the signature appearing below is my own manually executed signature in the form and manner used to execute all of ficial documents in my official capacity,hereinabove designated. 3.That hereto affixed is an impression of the official seal of the Town of Estes Park,Larimer County,Colorado _____________________________, as the same has been authorized and üied for official documents. (S E A L SIGNATURE TITLE 77 /Town Treasurer Subscribed and sworn to before me this/r)q day of ____ ,1972. My commission expires /7 S E A L ) ____________________________ Notary Public Original filed in the office of the Secretary of State, on the _____ day of _________, 1972. Byron A,.Anderson Secretary of State By ____ Title____ —45 — .0 STATE OF COLORADO ) COUNTY OF LARIMER )ss.DELIVERY CERTIFICATE TOWN OF ESTES PARK I,N.T.Petrocine,Town Treasurer of the Town of Estes Park,Larimer County,Colorado,hereby certify that on this date the Town delivered to Boettcher and Company,Denver, Colorado,the purchaser thereof,its General Obligation Building Bonds,in the principal amount of $600,000,dated November 1,1972, consisting of 120 bonds in the denomination of $5,000 each,numbered 1 to 120,inclusive,and the Town acknowledges receipt of the full purchase price therefor,as follows: Principal Amount:$600,000 Premium: __________________ Accrued Interest From November 1,1972: ______________ TOTAL: _______________ It is hereby further certified that the statements made in the Affidavits or Certificates appearing at pages 38 to 46,inclusive,concerning the issuance of said General Obligation Building Bonds,of the Town,including but not limited to provisions therein relating to officers of the Town,their signatures and the absence of litigation,remain true and correct to and including the date of this Certificate;and each of the paragraphs therein set forth is herein incorporated by specific reference. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Town,this _____ day of _______________, 1972. p. Town Treasurer —46 —