HomeMy WebLinkAboutORDINANCE 143-54STATE OF COLOHAEO )
COUNTY OF LAR1ZR )ss.
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TOWN OF ESTES PARK)
The Board of Trustees of the Town of ±stes Park,Colo
rado,met 1nrOO4A meeting,in full conformity with law
and the ordinances and rules of said Town,at the Town 1all in
said Town,the regular place of meeting of said Board,on
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Ii ,the
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day of May,l91,at -‘
o’clock_.iii.,at which meeting there were present and answering
roll call:
Clarence A Graves
4 ..Ay
henry flannels
M..3.Poling
Georo H.Watson
C.L.iierzo
V.H.anton
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Layor:
Trustees:
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Treasurer:
Town ierk:
Absent:A’-’•)
Thereupon Trus tee (%/.2-ey e
and there was read in full the following ordinance:
introduced
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O1LANEJ NO.
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AN ORDiNANCE TO CONTRACT A INDBTEDNFSS
ON BEHALF’01 THE TOWN OF ESTES PARI,COLO
RADO,AND UPON TIE CREDIT TLO BY ISSU
ILG E01’DS OF SAID TOWN IN THE PRINCIPAL
SUM OF i%,OOO,FOR Thk PURPOSE OF LPhOV—
flG THS PUBLIC PARL.IN SAiD TO’N,PISC RIB—
ING THE FORM OF SAiD hOLDS,AND PROVIDING
FOR THh LEVY OF TAAhS TO PA THh SAE.
ThiREFORt,B IT ‘jrDA1iED BY TEE bOARD CF TRUSTEES Oi
THI TOWN OF ESTES PARK,LARI1LVR COUNTY,CoLORADO:
Section 1.That far the purpose of providing funds for
improving the public park in said Town,the Town shall issue its
hno,.,otiable counon bonds,in the principal sum ol’S145,OCO,dated
May 1,l95L,consisting of 145 bonds in the denomination of l,OOO
each,numbered 1 to 145,inclusive,payable in lawful money of tha
jUnited States of America,bearing inLerest payable semi-annually
on the 1st day of May and the 1st :,of i\ovember each year,cvi
denced by interest coupons attached to said bonds,and maturing c
iay 1st,as .oi1ows:
Amount kiaturity interest
),ooo l93 to 1957,mci.1-1/2%
14,000 l9D and 1959 2
5,000 i’6O to l96L,mci.2
Stud bonds and the coupons thereto attached shall be avable at t
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WHEREAS,at the regular 1;unciia1 electIon held in the
Town of Estes Park on the 6th day of ipri1,1951j,a majority of
the qualified electors el said Town,voting on the question,
authorized the To.vi to improve its public park;and
WhEREAS,at said election a majority of the taxpaying
electors of said Town,voting on the question,authorized the Tow
to issue its bonds in a principal amount of L5,OOc for such pur
pose;
office of the Town Treasurer in Estes Park,Colorado.Said bonds
shall be signed by the Mayor,attested by the Town Clerk,under
the official seal of said Town,countersigned by the Town Treasurer,
and shall be recorded in a book to be kept by Bald Town Clerk for
that purpose.All coupons shall bear the facsil.Lile signature of
the Treasurer of said Town.
Section 2.That the said bonds and the coupons attached
thereto shall be in substantially the following form:
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office of the Town Treasurer in Estes Park,Colorado,Said bonds
shall be signed by the 1ayor,attested by the Town Clerk,under
the official seal of said Town,countersigned by the Town Treasurer,
and shall be recorded in a book to be kept by said Town Clerk for
that purpose,All coupons shall bear the facsi1Jle signature of
the Treasurer of said Town.
Section 2.That the said bonds and the coupons attached
thereto shall be in substantially the following form:
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TOWL OP TES PARE.
PUBLIC PARK 1kPROV1ENT I3C.D
l,CoO
The Town of stes Park,in the County of Larimer and
State of Colorado,aoknow1ed ‘itself indebted and hereby promises
to pay to the bearer hereof the sum of
OM ThOUSAND DOLLARS
on the 1st day or kay,A.D.19 ,with interest thereon at the
rate of
____________________________
per centum f____________
per annum,payable semi-annual1 on the let day of May and the let
day of Nove;ther each year,upon presentation and surrender of the
I..‘:!annexed coupons as they severally eco::c due,both principal and
interest b,einC payable in lawful money of the United States of
Americ.at the office o the Town Treasurer in istes Park,Colorado.
This bond is issued by the oard of Trustees of the Town
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of Estes Park for the purpose of litiproving the public park ia said
under the authority of and in full confornity with the Con—
stitution of the State of Colorado,the provisions of Chapter 163,
Colorado Statutes Annotated,1935,and all other laws thereunto
enabling,and pursuant to an ordinance of said Town duly adopted,
published and made a law of said Town prior to the issuance of
this bond.
It i hereby certified and recited that all bne require
ments of law have been fuU’coxaplied with by the proper officers
of said Town in the issuance of this bond;that the total debt of
said Town,including that of this bond,doea not exceed any limit
of indebtedness prescribed by the Constitution or laws of the State
of Colorado;that at a regular election lawfully called and held
in said Town on the 6th day of April,A.D.l9.5L.,the issuance of
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S1LTE OP CDLORADO
U11 TED STATES CF AMERICA
COJTY OF LAR1M!,i
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ATTEST:
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this bond was authorizd by the electors of the Town qualified to
vote upon the question of issuing the same;that provision has
been made for the lev and collection of annual taxcs sufficient
to pay the interest on and the principal of this boid when the
same beco;ie due.
The faith and credit of the Town of Estes Park are here
by pledged for the punctual payment of the principal of and the
interest on this bond.
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IN TSTI1cThY WBLFCLOF,the Board of Trustees of t1’e Town
o’i.stes Park-,on behalf of said Town,has caused this bond to be
signed by the ayor of said T1ow,attested by the clerk thereof,
under the seal of the Town,and countorsigned by its Treasurer,
and the attached coupons to be signed with the facsimile signature
of the Town Treasurer,as ol the 1st day of)ay,A.D.l95i.
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No.
(acsimI1e Signature)
Town Tre.surer
(Form of Coupon)
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On the first day of M,A.D.1 ,the Thwn ofNovember,
iates Park,in the County of Larimer and State of Colorado,prom
ises to pay to the bearer
____________________________
DOLLARS
in lawful money of the United States of America,at the office of
the Town Treasurer,in Estes Park,Colorado,being six months’in
terest on its Public Park Impov.ment Bond,dated Iay 1,19514.,
Section 3.That when said bonds have been duly exuted
as aforesaid,they shall be delivered to the purchaser thereof,
and the proceeds shall he used for the purpose of iiproing the
public park in said Town,and for no other purpose whatsoever,but
the purchaser of said bonds,or any subsequent holder,shall in no
manner be responsible for the application or disposal by said Town,
or any of its officers,of any of the funds derived fron the sale
thereof.
Section L.The interest to become due on saId bonds in
the sear 19%)÷ shall be advanced from the renerni fund of said ‘cwn0
For t1e purpoze of reinLursing such fund,and paying the principal
of and the interost on said bonds promptly and as the same becomes
due,and for the purpose of providing for the ultii:iato redemptIon
of said bonds,there shall be levied on all the taxable property
.in said Town,in addition to all other taxes,direct annual taxes
in the years l9L to 1963,inclusive,sufficIent to ray the inter
est on and principal of said bonds as the same become due and pay
able respectively.
Said taxes,when collected,shall be deposIted in a spe
cial fund to be known as the “Public Park Improvement Bond Fund”
and such fund shall be aolied solely to the purpose of the payment
of the interest on and the principal of said bonds,respectively,
and for no other purpose whatever until the indebtedness so con
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tracted under thIs ordina both prLcipal and interest,shall
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have been duly paid,satisfied and discharged,but nothing herein
contained shall be so construed as to prevent said Town from apply
ing any other funds that may be in the Town treasury and available
for that purpose,to the payment of said interest or prIncipal,as
the same respective1 ntature,and upon such paents the levy or
1eies herein provided may thereupon to that extent be diminished.
And the sums hereinbefore provided to meet the interest
on said bonds,and to dIschare the principal thereof when due,
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are hereby appropriated for that purpose,and said amount for each
year shall also be included in the annual budget and tI appropria
tion bills to be adopted and passed by the Board of Trustees of
said Town in each year respectively.
Section 5.It shall be the duty of the Board of Trustees
of said Town,annually,at the time and in the manner provided by
lar for levying other Town taxes,if such action shall be neces
sary 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 said Board shall require the officers of
and for said Tovri to levy,extend and collect such taxes in the
manner provided by law for the purpose of creating a fund for the
payment of the principal of said bonds and interest thereon,and
such taxes,when collected,shall be kept for and applied only to
the payment of the interest and principal of said bonds as herein-
before specified.
Section 6.All ordinances,or parts thereof,in conflict
with this ordinance,are hereby repealed.
Section 7.After said bonds are issued,this ordinance
shall be and remain irrepealable until said bonds and the interest
thereon shall have been fully paid,satisXied and discharged.
Section 6.This ordinance,imyediatel on its passage,
shall be recorded in the Town Book of Ordinances kept for that pur
pose,authenticated by the signatures of the Mayor and Clerk and
shall beublithedas required by law.
Section 9.Because the improvements to the public park
are imperatively needed by said Town,it is hereby declared that an
emergency exists,that thIs ordinance is necessary to the immediate
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preservation of the public peace,health and safety and shall be
in full force and effect five days after its publication.
ATOPTED AD APPROVED,this
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day of kay,A.D.
1 951.
ii MayOr
(SEAL)
Those votin NAY:
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members of the Board of Trustees having voted
favor of said motion,the presidin officer declared said no
tion carried and the rules suspended.
Trustee J 71)then moved that said
ordinance heretofore introduced and read in full at this meeting
be now placed upon its passage.
ustee A.G.1f seconded the motion and
the question being upon the placing of said ordinance upon it pas
sage the roll was called with the following result:
Those voting AYE:
Trustees:z ;•-Mirt 7?-C.1);
-A.&‘
Henry Dannels
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It was then moved by Trustee
and seconded by Trustee that all rules
of this Board which might prevent,unless suspended,the final pas
sage and adoption of this ordInance at this meeting,be and the
same are hereby suspended for the purpose of permitting the final
passage and adoption of said ordinance at this meeting.
•The question being upon the adoption of’said motion and
the suspension of the rules,the roll was called with the follow
ing result:
Those voting AYE:
Trustees:—&onl1 /P C
-GZ Diy 4j;-f;1??
Henry Dannela
M.J.Poling
George H.Watson
C.L.iierzog
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the motion carried and
M.J.Poling
George Ii.Watson
C.L.Herzog
Those voting IAY:
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The presidin:officer declared
the ordinance placed upon its passae.
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ordinance be passed and adopted as read.
Trustee 1’ps )‘73,J seconded the motion.
The question being upon the passage and adoption of said
ordinance,the roll was called with the following result:
Those voting AYE:
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Trustees:-F.
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then moved that said
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Henry Dainels
M.J.Poling
George Ii,Watson
C.L.herzog
Those voting NAY:,64_
The presiding officer thereupon declared that
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of all the Trustees elected having voted in favor thereof,the said
motion was carried and the said ordinance duly passed and adopted.V
[•On motion duly adopted,it was ordered that said ordin
ance be numbered )%?,and after approval by the Kayor,be
published 1n7.(,.c1.r ,a newspaper of
general circulation in said Town,and recorded according to law.yor•f S E A L
ATTEST:
I,V.H.Fanton,Town Clerk of the Town of Estes Park,
Colorado,do hereby certify that the foregoing pages numbered 13
to 23,inclusive,contain a full and correct copy of the record of
proceedings of the Board of Trustees of said Tovn,taken at a
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meeting thereof,held at the Town Lall,the regular
meeting place of said board in said Town,on the
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day of
I:ay,A D.195t4,insofar as said proceedings relate to the passage
and adoption of the ordinance therDin set forth.
That attached hereto,marked “Exhibit A,”is an affidavit
of publication of said OrdiiarDD as paSsed and adopted by said
Board of Trustees at said meeting;that said original Ordinance
has been duly authenticated by the signatures of the 1ayor ad my-
self,as Clerk of said Town,sealed with the corporate seal of
said Town,signed and approved by the iayor thereof,and recor&ed
1n the Book of Ordinances of said Town kept for that purpose in my
office,
U WITNESS WHE1h.OF,I have hereunto set my hand and the
seal of the Town of Estes Park,Colorado,this d.y of May,
195)4,
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STATE OF COLORADO )
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COUETY Oi LARIMER )ss.
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TOWN OF ESTS PAnK)
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STATE OF COlORADO )
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COUN OF lARIMER
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TOWN OF Sr?PATV)
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The undersigned,each for himself and not one for an
other,being fIrst duly sworn on oath deposes and says:
1.That they are,respectively,the d1.Ll elected,quali
fied and acting Mayor,Clerk and Treasurer of the Town of Estea
Park,Colorado.
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2.That the Town of Estes Park,Larimer County,Colo
rado,is a municipal corporation of saId State,duly organized and
existLig under and by virtue of the general laws tLexcof relating
to towns and that the said Town of istes Park was incorporated in
the year /)/?
3.That frora the 22nd day of Iarch,A.D.l9L,to the
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day of April,19513.,the following were the duly elected,
qualified and acting officers of said Town,to-wit:
!Iayor:Clarence A.Graves V
Trustees:B.J.&cConnell
C.L.Herzog
Henry Dannels
M.J.Poling
Gecrc H.‘Vatson
Treasurer:G.E.Casey
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Town Clerk:V.H.Fanton V
That from the
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day of April,A.D.l9513,to and
inc1udin the date of this certificate,the following have been and
now are the duly elected and qualified officers of iJ Town,to-
wit:
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Henry Dannels
M.J.ing
George H.Jatson
Treasurer:C.L.Herzog
Town Clerkt V.Ii.Fanton
L.That on the day of
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195!,
said Town delivered to the purchasers thereof,its P:b1ic Park In
proveinent Unds in the principal amount of 4L5,oOQ,dated Yay 1,
l95L,consisting of L5 bonds in the denonination of l,OOO each,
numbered 1 to 5,inclusive,receiving Lull consideration therofor.
5.That there is no litigation pending,and so far as
is known to the undersigned,no thröatened litigation with refer
ence to the issuance of said Public Park Improvement.Bonds,nor
does anything exist to hInder or prevent the issuance of said
bonds,
6.That the equalized assessed valuation of the taxable
property in said Town for the year 1952 was öt ,and
for the year 1953 was 3a.,and that said Town has out
standing General Obligation Bonds as
e
That in the sinking fund for the payment of outstanding
General Obligation Bonds,there is the aount o’________________
IN WIThLSS WHEREOF,We have hereunto set our hands and
the official seal of the Town of Estes Park,Colorado,this /
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Mayor:Clarence A.Graves
Trustees:-
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Ia,o4).204)0a,a,02I-q—•;--
IN THE RATTER OF ZSTE PARK,CCLCThTC
PL3LlC PARK IMPROVEkiERT OLDS
DATED IAY 1,19.
IN THE ACU1T OF 5,OOO
The undersigned,
__________________________,
of Rstes
•Park,Colorado,hereby certifies that he is personally acquainted
with Clarence A,Graves,the kaor;V.H.Fanton,Town Clerk;and
C.L.herzo,Treasurer,of the Town of Estes Park,Colorado;that
he knows the above-mentioned officers were the 1’ayor and Clerk and
Treasurer,respectively,of said Town,on May 1,19514,and on the
date of the execution and delivery of that certain series of bonds
issued by said Town,in the aggregate amount of I5,OOO,designated
“Public Park I.rovement Bonds,”bearing date the 1st day of May,
l95L,consisting of lJr5 bonds in the denomination of 1,OOO eaci,
numbered 1 to I5,inclusive;that he is acquainted with the signa
tures of said officers and knows that the sinatures appearing upon
said bonds are the signatures of such officers,respectively,and
that said officers have to this certificate subscribed their re—
spective signatures as follows:
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19514.
SIGNED AND CERTIFIED this day of
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of stes Park,C,a’ado
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