HomeMy WebLinkAbout001 - 01/20/1939 - PROVIDING FOR THE ISSUANCE OF NEGOTIABLE COUPON BONDS IN THE AGGREGATE AMOUNT OF $55,000 FOR THE PUR ORDINANCE NO 1, 1939
AN ORDINANCE PROVIDING FOR TBE ISSUANCE BY THE CITY
OF FORT COLLINS, IARDa R COUNTY, COLORADO, OF ITS iM OTIABLE
COUPON BONDS IN THE AGGREGATE A11OUPT OF FIFTY-FIVE THOUSAND
DOLLARS ($p553,000 ) TO BE DENOMINATED REFUNDING BONDS, FOR THE
PURPOSE OF REFUNDING A, LIKE AMOUNT OF OUTS°I'I-I.NDING BONILD
INDEBTEDNESS OF SAID CITY 19ILCH WILL BECOME RED .BLE AT THE
OPTION OF SEID CITY ON THE FIRST DAY OF MARCH, A D 1939 ,
PRESCRIBING THE FORM OF SAID REFUNDING BONDS AND PROVIDING FOR
THE LEFTY AND COLLECTION OF AN ANNUAL TAX TO PAY THE SP.IM,
PRINCIPAL AND INTEREST REPEALING ALL ORDINANCES, RESOLUTIONS
OR PARTS THEREOF IN CONFLICT HEREWITH, AND DECLARING AN
EMERGENCY
WHEREAS, the City of Fort Collins , Colorado, has
heretofore issued and there are now outstanding and unpaid its
negotiable coupon bonds consisting of City of Fort Collins 4%
Refunding Bonds of the Series of 1929 , in the amount of Fifty-
five Thousand Dollars ($550000) , dated March 1, 1929 , due and
payable serially on March 1, 1940 to March 1, 1961 inclusive,
redeemable after March 1, 1939 bearing interest at the rate of
four (4) per centum per annum, said indebtedness being outstanding
bonds due and unpaid , and redeemable at the option of said City
on or at any time after March 19 1939 , and
VJfMRFAS, there are and will be no funds in the
treasury of said City available for the redemption of the
balance of said outstanding bonded indebtedness in the amount
of Fifty-five Thousand Dollars ($55,000) 9 or any part thereof,
and
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VEEREAS, by a resolution duly adopted on the 20th
aay of January A D 1939, the City Council of the City of
Fort Collins, Colorado, determined to issue , in accordance with
the laws of the State of Colorado , particularly Chapter 237,
Session Laws of Colorado, 1921, new bonds to be denominated
Refunding Bonds, the same to be exchanged dollar for dollar
for the bonds to be refunded, or to be sold at the option of
the City and the proceeds used to pay and redeem a like amount
of the outstanding bonded indebtedness of said City dated March
11 1929 , the amount of bonds so determined upon to be issued as
aforesaid, being the sum of Fifty-five Thousand Dollars ($55,000)
and the certificate of such determination having been heretofore
duly made and entered in and upon the records of said City as
required by law, and
WHEREAS, the City Council has heretofore determined
that said refunding bonds so to be issued in the aggregate
amount of Fifty-five Thousand Dollars ($55,000) shall be sold
or exchanged dollar for dollar, for the bonds to be refunded,
and said City Council believe it to be their duty to issue
saga refunding bonds and cause the same to be exchanged, dollar
for dollar, for the bonds to be refunded as aforesaid, or to be
sold and the proceeds used to pay and redeem a like amount of
said outstanding bonded indebtedness, as and in the manner
provicaed by law
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF FORT COLLINS, LARIMER COUNTY, COLORADO
Section 1 That by virtue and in pursuance of
an Act of the General Assembly of the State of Colorado,
entitled "An Act to enable cities and towns to refund their
bonded indebtedness " approved Larch 16th, 1921, and appearing
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as Chapter 237 of the Session IAws of Colorado, 1921, and in
accordance with the provisions of the Charter of said City
there shall be issued negotiable coupon bonds of said City of
Fort Collins , to be denominated Refunding Bonds in the amount
of Fifty-five Thousand Dollars ($55,000) for the purpose of
refunding a like amount of the outstanding indebtedness of
said City redeemable at the option of said City on and after
the 1st day of March, A D 1939, and which said indebtedness
the City Council of said City has and does hereby determine to
call in and pay and redeem
Section 2 That the Mayor and City Clerk of
said City of Fort Collins be and they are hereby authorized and
directed to have prepared negotiable coupon refunding bonds of
said City in the said aggregate amount of Fifty-five Thousand
Dollars ($p55,000 )
Section 3 That Baia bonds hereby authorized
shall be negotiable in form, payable to bearer, shall bear
date the lst day of March, A D 19399 shall bear interest at
the rate of Two and one-half (22yO) per centum per annum, payable
semi-annually on the 1st days of March and September in each
year , shall consist of Fifty-five Bonds in the denomination of
$1,000 each, said bonds shall mature as follows , to-wit $$3,000
of bonds being due on March 1st of each of the years 1940 to
1957 both inclusive and $1000 on March 1, 1958, the City
reserving the right to redeem any part or all of the bonds
outstanding on or at any time after the first day of March,
A D 1949
The principal of said bonds and the interest
accruing thereon shall be payable in lawful money of the
United States of America , at the City Treasurer' s Office ,
Fort Collins, Colorado Said bonds shall be signed by the
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Commissioner of Safety & Ex-Officio Mayor, countersigned by
the Commissioner of Finance and ij�x-Officio City Treasurer, with
the seal of said City affixed thereto, and attested by the City
Clerk of said City The interest accruing on said bonds shall
be evidenced by semi-annual interest coupons thereto attached,
bearing the engraved facsimile signature of the Treasurer of said
City, and when so executed such coupons shall be the binding
obligations of the City according to their import
Section 4 Said bonds and coupons to be attached
thereto shall be in substantially the following form
UNITED STATES OF AMERICA
STATE OF COLORADO COUNTY OF L&RIMER
CITY OF FORT COLLINS
REFUNDING BOND
No 011000 00
SERIES OF 1939
The City of Fort Collins, Larimer County, Colorado,
for value received hereby acknowledges itself indebted and promises
to pay to bearer the sum of One Thousand Dollars, in lawful money of
the United States of America , on the 1st day of March, A D 19 ,
with interest thereon from the date hereof at the rate of Two and
one-half (2-2-%) per centum per annum, payable semi-annually in like
medium, on the first gays of March and September in each year as
evidenced by interest coupons hereto attached, both principal and
interest payable at the City Treasurer' s Office, Fort Collins,
Colorado, upon presentation of this bond or said coupons res-
pectively The City reserves the right to redeem this bond on
or at any time after the first day of March, A D 1949
This bond is issued by the City of Fort Collins,
Colorado, for the purpose of paying , redeeming and refunding a like
amount of outstanding unpaid, payable, lawful and valid bonds of
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said City, and the lawful and valid indebtedness evidenced
thereby under , by virtue of and in full conformity with the
provisions of an Act of the General Assembly of the State of
Colorado, entitled "An Act to enable cities and towns to
refund their bonded indebtedness" , approved March 16, 1921,
being Chapter 237 Session Laws of Colorado, 1921 and pursuant
to the Charter of said City and an ordinance duly adopted by
the City Council of said City at a lawful meeting thereof,
held prior to the issuance of this bond , and it is hereby
certified and recited that all acts and things required to be
done and conditions and things required to exist precedent to
and in the issuing of this bond to render the same lawful and
valid have happened, been properly done and performed, and do
exist in regular and due time form and manner as required by
law, and that the total debt of said City of Fort Collins,
including that of this bond, exceeds neither the statutory
nor the constitutional limitations of the State of Colorado
or the Charter of said City, that said total debt is not
increased by the issuance hereof, and that provision has been
made for the levy and collection of a direct annual tax on
all the taxable property of said City sufficient to pay the
principal and interest of this bond as the same respectively
come due
The full faith and credit of the City of Fort
Collins are hereby pledged for the punctual payment of the
principal of and the interest upon this bond
IN WITNESS W MEOF, the City of Fort Collins,
Iarimer County, Colorado, by its City Council, has caused
this bond to be signed by its Commissioner of Safety and
Ex-Officio Mayor, countersigned by its Commissioner of
Finance and Ex-Officio City Treasurer, and sealed with its
corporate seal, and attested by its City Clerk, and has caused
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the annexed interest coupons to be executed with the
engraved facsimile signature of its said Treasurer, this
1st day of March, A D 1939
Commissioner of Safety & Ex- fficio
Mayor
Countersigned
Commissioner of Finance & Ex-Officio
Attest City Treasurer
City Clerk
(Form of Coupon)
No � 12.50
March
On the First day of September, A D 19_, the
City of Fort Collins , in the State of Colorado, promises to
p4y to the bearer Twelve and 50/100 - Dollars in lawful money
of the United States of America , at the City Treasurer' s Office,
in Fort Collins Colorado , being six months+ interest on its
Refunding Bond, Series of 1939, dated March 1, A D 1939
No
Commissioner of Finance and Ex-Officio
City Treasurer
Section 5 That when issued, the refunding bonds
hereby authorized shall be exchanged, dollar for dollar, for
the bonds to be refunded, or shall be sold ana the proceeds
used solely for the payment of the said outstanding bonded
indebtedness consisting of Fifty-five Thousand Dollars ($55,000)
4% Refunding Bonds of the Series of 1929 , dated March 1, 1929,
and they shall not be issued until the said outstanding bonds
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to be refunded have been called in and cancelled in an
amount equal to or in excess of the bonds so issued and all
accrued interest on any of said bonds to be refunded shall be
paid before such refunding bonds are issued in exchange therefor
Section 6 For the purpose of paying the interest
accruing on said bonds ana the creating of a sinking fund for
the ultimate payment and redemption of said bonds , there shall
be levied on all taxable property in said City, in addition to
all other taxes direct annual taxes, in the following amounts
and at the following times, to-wit
YEAR OF LEVY FOR INTEREST FOR PRINCIPAL TOTAL
1939 $ 1337 50 3000 00 4337 50
1940 1262 50 3000 00 4262 50
1941 1187 50 3000 00 4187 50
1942 1112 50 3000 00 4112 50
1943 1037 50 3000 00 4037 50
1944 962 50 3000 00 3962 50
1945 887 50 3000 00 3887 50
1946 812 50 3000 00 3812 50
1947 737 50 3000 00 3737 50
1948 662 50 3000 00 3662 50
1949 587 50 3000 00 3587 50
1950 512.50 3000 00 3512 50
1951 437 50 3000 00 3437 50
1952 362 50 3000 00 3362 50
1953 287 50 3000 00 3287 50
1954 212 50 3000 00 3212 50
1955 137.50 3000 00 3137 50
1956 62 50 3000 00 3062 50
1957 12 50 1000 00 1012 50
And said taxes when collected shall be placed in
a fund to be called the 'Redemption Fund to Pay Refunding Bonds
dated March 1, A D 1939" and said taxes shall be applied solely
for the purpose of the payment of said interest and principal of
said bonds respectively, and for no other purpose whatever until
the bonds authorized under this ordinance, principal and interest ,
shall have been fully paid, satisfied and discharged, but nothing
herein contained shall be so construed as to prevent said City
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from applying any other funds that may be in the treasury of
the City and available for that purpose to the payment of the
said interest or principal as the same respectively mature and
the levy or levies provided for may thereupon to that extent
be diminished
Section 7 That the provisions of this ordinance
and each of the bonds and the interest coupons issued pursuant
thereto shall constitute , and the same are hereby declared to be
a binding and irrevocable contract between said City and the
holder from time to tune of each of said bonds and the interest
coupons thereto appertaining
Section 8 That after said bonds are issued
this ordinance shall not be altered or repealed until the bonds
hereby authorized shall have been fully paid, both principal and
interest
Section 9 All ordinances or resolutions, or
parts thereof, heretofore adopted in conflict with the pro-
visions hereof, be and the same hereby are repealed
Section 10 This ordinance, after its passage ,
shall be recorded in the City Book of Ordinances kept for that
purpose authenticated by the signatures of the Mayor and the
City Clerk, and shall be published in the official newspaper
of the City and shall be in full force and effect as provided
by law
Section 11 That it is necessary for the
refunding proceedings herein provided for to be completed as
soon as vossible for the reason that the bonds to be refunded
are called for March 1, 1939 and a material saving in interest
will be effected by this refunding, therefore, it is hereby
declared that an emergency exists, that this Ordinance is
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necessary for the preservation of the public peace health
and safety and shall become effective upon its passage , the
previous reading and publication of this Ordinance being
expressly waived ana dispensed with because of the emergency
herein expressed
Passed and adopted, signed and approved this
20th day of January A D 1939
(Seal)
Mayor
City C erk
STATE OF COLORADO, )
ss
County of Larime r )
I , MILES F HOUSE, City Clerk of the City
of Fort Collins, do hereby certify and declare that the fore-
going Ordinance , consisting of eleven (11) Sections, was duly
proposed and read at length at a regular meeting of the City
Council held on the 20th day of January, A D 1939 , and vas
duly adopted and ordered published in the Fort Collins Exnress-
Courier, a daily newspaper and the official newspaper of the
City of Fort Collins by the unanimous vote of all the members
of the City Council, as an emergency ordinance in accordance
with the provisions of Sections 6 and 7 of Article IV of the
City Charter, of the City of Fort Collins, and thereafter and
on to-wit the 24th day of January, A D 1939, said Ordinance
No 1 was duly published in the Fort Collins Express-Courier,
a daily newspaper published in the City of Fort Collins,
Colorado
IN WITNESS WHEREOF, I have hereunto set
my hand and affixed the seal of said City, this 24th day of
January, A D 1939 /
City Clerk