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HomeMy WebLinkAbout004 - 02/13/1929 - PROVIDING FOR THE ISSUANCE OF NEGOTIABLE COUPON BONDS IN THE AGGREGATE AMOUNT OF $70,000 FOR THE PUR n t • ORDINANCE NO 4, 1929 AN ORDINANCE PROVIDING FOR THE ISSUANCE BY THE CITY OF FORT COLLINS, LARIMER COUNTY, COLORADO, OF ITS NEGOTIABLE COUPON BONDS IN THE AGGREGATE AMOUNT OF SEVENTY THOUSAND DOLLARS ($70,000 ) TO BE DENOMI- NATED REFUNDING BONDS, FOR THE PURPOSE OF REFUNDING A LIKE AMOUNT OF OUTSTANDIITG BONDED INDEBTEDNESS OF SAID CITY WHICH WILL BECOME REDEEM- ABLE AT THE OPTION OF SAID CITY ON THE FIRST DAY OF MARCH, A D 1929, PRESCRIBING THE FORM OF SAID REFUNDING BONDS AMID PROVIDING FOR THE LEVY AND COLLECTION OF AN ANNUAL TAX TO PAY THE SAME, PRINCIPAL AND INTER- EST, 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 Municipal Railway Purchase Bonds, in the amount of Seventy Thousand Dollars ($70,000 ) dated March 1, 1919, due and payable March 1, 1934, redeemable after Burch 1, 1929, bearing interest at the rate of Five (5) per centum per annum, said indebtedness being outstanding bonds due and unpaid, and redeemable at the option of said city on and after March 1, 1929, and WHEREAS, 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 Seventy Thousand Dollars ($70,000 ) or any part thereof, and WHEREAS, by a resolution duly adopted on the 13th day of February, A D 1929, 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 1, 1919, the amount of bonds so determined upon to be issued as aforesaid, being the sum of Seventy Thousand Dollars ($70,000 ) 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 -1- i r WHEREAS, the City Council has heretofore determined that said refunding bonds so to be issued in the aggregate amount of Seventy Thousand Dollars ($70,000 ) 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 said refunding bonds and cause the same to be exchanged, dollar for dollar, for the bonds to be refunded as afore- said, 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 provided 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 March 16th, 1921, and appearing as Chapter 237 of the Session Laws 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 Seventy Thousand Dollars ($70,000 ) 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 1929, 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 Seventy Thousand Dollars ($70,000 ) Section 3 That said bonds hereby authorized shall be negotiable in form, payable to bearer shall bear date the 1st day of March, A D 1929, shall bear interest at the rate of Four (4,%) per centum per annum, payable semi-annually on the 1st days of March and -2- i < • September in each year, shall consist of Fifty-six Bonds in the denomination of $1,000 each, and Twenty-eight Bonds in the denomi- nation of $500 each, said bonds shall mature as follows to-wit $2,500 of bonds being due on March lst of each of the years 1934 to 1961, both inclusive, the city reserving the right to redeem all of the bonds outstanding on or at any time after the first day of March, A D 1939 The principal of said bonds and the interest accruing thereon shall be payable in gold coin of the United States of America of, or equal to, the present standard of weight and fineness, at the City Treasurer's Office, Fort Collins, Colorado Said bonds shall be signed by the Commissioner of Safety & Ex-Officio Mayor, countersigned by the Commissioner of Finance & Ex-Officio City Treas- urer, 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 obli- gations 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 LARIMER CITY OF FORT COLLINS REFUNDING BOND No SERIES OF 1929 The City of Fort Collins, Larimer County, Colorado, for value received hereby acknowledges itself indebted and promises to pay to bearer the sum of Dollars, in gold coin of the United States of America of, or equal to, the present standard of weight and fineness, on the, lst day of March, A D 19 , with interest thereon from the date hereof at the rate of Four per centum per annum, payable semi-annually in like medium, on the first days of March and September in each year, as evidenced by interest coupons here- to attached, both principal and interest payable at the City Treasurerts Office, Fort Collins, Colorado, upon presentation of this bond or said coupons respectively The city reserves the right to redeem this bond on or at any time after the first day of March, A D 1939 -3- 4 1# y 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 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 inter- est 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 WHEREOF, the City of Fort Collins, Larimer County, Colorado, by its City Council, has caused this bond to be signed by its Commissioner of Safety & Ex-Officio Mayor, countersigned by its Commissioner of Finance & Ex-Officio City Treasurer, and sealed with its corporate seal, and attested by its City Clerk, and has caused the annexed interest coupons to be executed with the engraved facsimile signature of its said Treasurer, this 1st day of March, A D 1929 COMMISSIONER OF SAFETY & EX-0 I IO MAYOR COUNTERSIGNED OMMISSIONER OF FINANCE & EX-OFFI IO CITY TREASURER ATTEST CITY CLERK (Form of Coupon) No March On the First day of September, A D 19 , the City of Fort Collins, in the State of Colorado, promises to pay to the bearer Dollars in gold coin of the United States of America of, or equa o, the present standard of weight and fineness, at the City Treasurer's Office, in Fort Collins, Colorado, being six months + interest on its Refunding Bond, Series of 1929, dated March 1, A D 1929 NO COMMISSIONER OF FINANCE & EX-OFFICIO -4- CIlY TREASURER 4 y y Z 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 and the proceeds used solely for the payment of the said outstanding bonded indebtedness consisting of $70,000 Municipal Railway Purchase Bonds dated March 1, 1919, and they shall not be issued until the said outstanding bonds 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 and the creating of a sinking fund for the ultimate pay- ment and redemption of said bonds, there shall be levied on all taxable property in said Cit3 , in addition to all other taxes direct annual taxes, in the following amounts and at the following times, to-wit YEAR OF FOR FOR LEVY INTEREST PRINCIPAL TOTAL 1929 $4,200 ---- $4,200 1930 2,800 ---- 2,800 1931 2,800 ---- 2,800 1932 211800 ---- 2,800 1933 21750 $20500 5,250 1934 2,650 2,500 5,150 1935 2,550 2,500 59050 1936 22450 2,500 4,950 1937 2,350 2,500 4,850 1938 2,250 2,500 4,750 1939 2,150 2,500 4,650 1940 2,050 2,500 4,550 1941 1,950 2,500 4,450 1942 12850 2,500 4,350 1943 1,750 2,500 4,250 1944 1,650 2,500 4,150 1945 1,550 2,500 4,050 1946 19450 2,500 3,950 1947 1,350 29,500 31850 1948 11250 2,500 3,750 1949 19150 2,500 3,650 1950 1,050 21500 3,550 1951 950 2,500 3,450 1952 850 20500 35350 1953 750 2$ 00 3,250 1954 650 2,500 3,150 1955 550 2,500 3,050 -5- Ak YEAR OF FOR FOR LEVY INTEREST PRINCIPAL TOTAL 1956 450 2,500 2,950 1957 350 2,500 2,850 1958 250 2,500 2,750 1959 150 2,500 2,650 1960 50 2,500 2,550 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 1929", 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 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 con- stitute, and the same are hereby declared to be a binding and irrevocable contract between said City and the holder from time to time 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 provisions hereof, be, apd the same hereby are repealed Section 10 That it is necessary for the refunding proceedings herein provided for to be completed as soon as possible in order that the said City may obtain the benefit of the present unusually high price -6. of municipal bonds and an emergency is therefore hereby declared, and that it is necessary for public peace, health and safety that this ordinance become effective twenty-four hours after publication as required by law, therefore this ordinance, immediately upon its passage, shall be recorded in the book of ordinances of said City kept for that purpose, and authenticated by the signatures of the Mayor and City Clerk, and shall be published once in "The Fort Collins Express Courier", a newspaper published within the limits of the said City, as required by law and ordinances of said City, and shall be in full force and effect twenty- four hours after such publication PASSED AND ADOPTED, SIGNED AND APPROVED THIS 13th DAY OF FEBRUARY, A D 1929 COMMISSIONER - (SEAL) MA0 91 ATTEST ...: urn CLERK -7- t a 1 4 � � STATE OF COLORADO ) SS COUNTY OF LARIMER ) I, A J ROSENOW, City Clerk of the City of Fort Collins, do hereby certify and declare that the foregoing ordinance consisting of ten (10) sections was duly proposed and read at length at a regular adjourned meeting of the City Council held on the 13th day of February, A D 1929, and was duly adopted and ordered published in the Fort Collins Express-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 towit the 18th day of February, A D 1929, said Ordinance No 4 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 18th day of February, A D 1929 CITY CLERY� -S-