Loading...
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. —25 — 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 HV•V VV: V V •V VVV ,‘ VV •V pledged for the A • VVV V.:;:• —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’ —28 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. -‘ 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 . r (j .4 .4’ , 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 —