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517B "a �7 l t f 3 e t' S 1 3� I 1 } i i 1 i TOW11N OF TAOS ORDINANCES 3 YEAR, C, } i NUMBER, 7R ORDINANCE NO. S!7 v kid AN ORDINANCE AMENDING ORDINANCE NO. 201, PASSED AND ADOPTED ON THE 2d DAY OF DECEMBER, 1949 ; CONCERNING THE VILLAGE OF TAOS WATER AND SEWER REVENUE BONDS DATED NOVEMBER 1 , 1949 ; CONCERNING THE REQUIREMENTS FOR ISSUING JUNIOR LIEN BONDS ; CONCERNING THE CONTROL AND MANAGE- MENT OF THE WATER AND SEWER SYSTEM OF THE TOWN ; AND DECLARING AN EMERGENCY . WHEREAS, the Town of Taos , on the 2d day of Decem- ber , 1949 , then acting as a Village , has passed and adopted Ordinance No. 201 entitled: "An Ordinance declaring the necessity for issuing Water and Sewer Revenue Bonds of the Village of Taos, New Mexico, in the principal amount of $330 ,000 , payable out of the net income to be derived by said Village from the operation of its municipally owned water and sewer system for the purpose of making necessary improvv-.,:ents and extensions to said water and sewer system; authorizing the issuance and sale of such bonds , providing for the payment thereof and the interest thereon , and other details in connection with ti a issuance and payment of said bonds including the establishment of minimum rates and charges for water and sewer service: repealing all ordi- nances or parts thereof in conflict herewith, and uec larinh an emergency"; and WHEREAS, it is necessary for the betterment , ex- tension and improvement of the said water and sewer system that additional junior lien bonds be issued by said Town , and that direct control of said system be returned to the do- r : of Trustees of the Town ; and WHEREAS, Section 20 of said Ordinance No. 201 pro- ides in part that after the issuance of the Village of Water and Sewer Revenue Bonds , dated November 1 . l��'.y , in the original principal amount of $330, 000 .UO ( issut:.; pursuat r to Ordinance No. 201) no change , variation or alteration of i i any kind in the provisions of said Ordinance 201 should be made unless the owners of 75% of the outstanding bonds then consent in writing to such change or alteration ; and WHEREAS, there are now outstanding bonds numbers � - to in the total principal amount of $'' ��'���• ' and WHEREAS, Connecticut Mutual Life Insurance Company of Hartford, Connecticut, the owner of all outstanding bonds of said November 1, 1949 , series (i .e . , numbers to by letter dated .': ty 1961, has consented to the amendments to Sections 7(c) , 7(d) , 10, 11(i) and 11(j ) , and to the addition of Section 21 , all of said Ordi- nance No. 201, as more specifically designated below. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF TAOS , NEW MEXICO- Section A. That Section 7(c) of said Ordinance No . 201 be amended to read as follows "After making the payments hereinabove provided in paragraphs (a) and (b) of Section 7 of this ordinance , any remaining revenues derived from the operation of the said system may be applied to the. payment of any junior lien bonds to be issued hereafter . " Section B. That Section 7 (d) of said Ordinance No . 201 be amended to read as follows- "After making the payments hereinabove provided in paragraphs (a) and (b) of Section 7 of this ordinance, and also any payments which may be required pursuant to paragraph (c) of Section 7 of this ordinance , any remaining revenues derived from the operation of the system (but not more than 10% of the gross income from said system) shall be paid into an 'Extension and Bei'terment Fund ' for the purpose of extending, improving or repairing said system, and/or any revenues remaining after the payments required by the aforesaid paragraphs (a) , (b) , and (c) - 3- shall be used only for redeeming the senior lien bonds or for purchasing said bonds in the open market au not more than the redemp- tion price . " Section C. That Section 10 of said Ordinance No . 201 be amended to read as follows: " hat nothing in this ordinance contained shall be construed in such a manner as to prevent the issuance by the Town of additional bonds or other obligations payable from the income de- rived from the operation of the said water and sewer system and constituting a lien upon said revenues junior to, but not prior or superior to or on a parity with, the lien of the bonds herein authorized nor' to prevent the issuance of bonds or other obligations refunding all or a part of the bonds herein authorized; provided, however, that the Town is not in default as to payments required to be made in Section 7 of this ordinance. " Section D. That Section 11(i) of said Ordinance No. 201 be amended to read as follows: "That immediately upon the effective date of this provision, the said water and sewer system shall be operated, controlled and supervised directly and solely by the Board of Trustees of the Town . The said Board of Trustees shall ad(.pt all rules , regulations and laws , not inconsistent with this ordinance , necessary to the efficient operation of the system. " Section E. That Section 11(j ) of said Ordinance No . 201 be amended to read as follows : "That immediately upon the of fec t-ive date of this provision , the manage: of the said system shall be under the direct control of and shall be respon- sible directly to the Board of Trustees of the Town . any new manager of the system shall be appointed by the Board of Trustees . Such manager -4- shall be fully qualified and experienced to operate and maintain a system in the manner provided by this ordinance . He shall be re- quired to file with the Town a Fidelity Bond in an amount not less than $ conditioned on the faithful performance � _h_ls duties and the prompt, diligent collection , enforcement and application of the rates and charges for services supplied by the system. " Section F. Said Ordinance No. 2 011 is also hereby amended by the addition of Section 21, which will read as follows -, "Section 21 . That in order to provide proper notice to all future holders of the aforesaid • outstanding bonds (numbers to both inclusive) tc the effect that this ordinance has been adopted and to the effect that its provisions have been consented to, the holders c,r. Lite outstanding bonds shall cause to be stamped or printed on each of such bonds the following endorsement: "The holder of this bond has consented to all of the provisions of Ordinance No. adopted by the Board of Trustees of the Town of Taos , New Mexico, on 1961, in- .v� r cluding but not limited to the manner of issuing junior lien bonds , and each subsequent holder hereof must accapt tois bond subject to the aforesaid con- sent and ordinance . " Se:tier G. That the officers of the Town of Taos !)r , and they hereby are , authorized and directed to take all ac-tion .necessary or appropriate to effectuate the provisions of this ordinance . Section H. That if any section, paragraph , clause or provision of this ordinance shall for any reason be held -5- to be invalid or unenforceable, the invalidity or unenforce- ability of such section , paragraph, clause or provision shall not change any of the remaining provisions of this ordinance . Section I. That all ordinances or resolutions , or parts thereof, inconsistent herewith are hereby repealed co the extent only of such inconsistency. This repealer shall not be construed to revive any ordinance or resolution , c.• part thereof, heretofore repealed. Section J. That because of the fact the Town does not not? have an adequate water and sewer system it is neces- sary to defray forthwith the cost of improvements thereto, this ordinance is necessary for the preservation of the public health, peace and safety of the inhabitants of the Town of Taos, Taos County, New Mexico, and that this ordi- -nance is hereby declared to be an emergency on the ground of urgent public need; and, therefore , immediately upon its final passage, this ordinance shall be recorded in the book of ordinances of said Town kept for that purpose, authenti- . cated by the signatures of the Mayor and 'Town Clerk, shall . be published in the Taos News a legal newspaper published and of general circulation in s n i d Town , PASSED; ADOPTED, SIGNED AND APPROVED this 5th day of July 1961 . /s/ Gilbert C. Rivera Mayor SF_At.) Attest, _ __/s/ Molly 0. Rivera Town Clerk NO -6- .4-1 V!7, off" :J W" i'�ULM J. J �a 'J ORDINANCE NO. Sly AN ORDINANCE AMENDING ORDINANCE NO. 201, PASSED AND ADOPTED ON THE 2d DAY OF DECEMBER, 1949 ; CONCERNING THE VILLAGE OF TAOS WATER AND SEWER REVENUE BONDS DATED NOVEMBER 1 , 1949 ; CONCERNING THE REQUIREMENTS FOR ISSUING JUNIOR LIEN BONDS ; CONCERNING THE CONTROL AND MANAGE- MENT OF THE WATER AND SEWER SYSTEM OF THE TOWN ; AND DECLARING AN EMERGENCY . WHEREAS , the Town of Taos , on the 2d day of Decem- ber, 1949 , then acting as a Village , has passed and adopted Ordinance No. 201 entitled: "An Ordinance declaring the necessity for issuing Water and Sewer Revenue Bonds of the Village of Taos , New Mexico, in the principal amount of $330 ,000 , payable out of the net income to be derived by said Village from the operation of its municipally owned water and sewer system for the purpose of making necessary improvements and extensions to said water and sewer system; authorizing the issuance and sale of such bonds , providing for the payment thereof and the interest thereon , and other details in connection with the issuance and payment of said bonds including the establishment of minimum rates and charges for water and sewer service : repealing all ordi - nances or parts thereof in conflict herewith., and declaring an emergency"; and WHEREAS, it is necessary for the betterment , ex- tension and improvement of the said water and sewer sv�tem that additional junior lien bonds be issued by said Town , and that direct control of said system be returned to the Boar(" of Trustees of the Town ; and WHEREAS , Section 20 of said Ordinance No, 201 pi vides in part that after the issuance of the Village of Water an(I Sewer Revenue Bonds , dated November I , I n the original principal amount of $330 , 000 . 00 ( issued puvsudi to Ordinance No . 201) no change , variation or alteration of -2- Ur'j, am M any kind in the provisions of said Ordinance 201 should be made unless the owners of 75% of the outstanding bonds then consent in writing to such change or alteration ; and WHEREAS, there are now outstanding bonds numbers 62 t 0 WD in the total principal amount of 2690000*00 and WHEREAS, Connecticut Mutual Life Insurance Company of Hartford, Connecticut , the owner of all outstanding bonds of said November 1, 1949 , series (i .e , , numbers 62 to 330 ) , by letter dated July Ad—$ 1961, has consented to the amendments to Sections 7(c) , 7 (d) , 10, 11(1) and 11(j ) , and to the addition of Section 21 , all of said Ordi- nance No . 201, as more specifically designated below. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF TAOS, NEW MEXICO� Section A. That Section 7 (c) of said Ordinance No. 201 be amended to read as follows � "After making the payments hereinabove provided in paragraphs (a) and (b) of Section 7 of this ordinance , any remaining revenues derived from the operation of the said system may be applied to the payment of any junior lien bonds to be issued hereafter . " Section B. That Section 7 (d) of Faid Ordinance No . 20L be amended to read as follows - "After making the payments hereinabove provided in paragraphs (a) and (b) of Section 7 of this ordinance , and also any payments which may be required pursuant to paragraph (c) of Section 7 of this ordinance , any remaii,ing revenUe-S derived from the operation of the system (bUt not more than 10% of the gross income from said system) shall be paid into an 'Extension and BetLement Fund ' for the purpose of extending, improving or repairing said system, and/or any revenues remaining after the paymenLs required by the aforesaid paragraphs (a ) , (b) , and (c) - 3- [ t. `4��?zy!'��t r�'("'3ais. tn•.i CJy,.:��[��r a�+R�,�r�s,�f3ty .+it k'Py K i.r:.�ijr�k�'t;';,�.�.,F� ',}�.itft+,__`�{d AL:�•'� }, t < � ,�•.. �. ri{ x•14 t�-`K e ytr t 4 # i. it fi t' r.., �!' '{u,;PY.'j�rk':4. `j. '�'tt uF# S 2 *'��.r�3u� :t T-.; .,{ 1 i x x : e ,rl,iFy[ y h •;+ fr Yi ay [: .y ;y { >? t: a+WO kk....r>� �i� i. 4; rk#, 'it .y. -i 3�t{F'{I''Q"�:'•.�•''t`�r'•'� S•S•ts r( e -.d F' <r�`t rA i"��� 11•i{� Jy.,di� ;.n �Y'+`}� �_i'�R S `i i:"t4. . '� S "�� ��!-$: c.tai''.• ' .F S :Lt(xt; 1' 2 j4 "'''�v"'S .„�i'F"''y,. t kt'. d:1 � _ i 'SV' -t{{ [`}{`r(qq, .'� y?... } c f :a:.. > r f 2 l.Y. 1. �" 2j ♦ 3 '�. �� C C{:^t' i 'fl, 4Z � 44 i r rt •4'{'iMt! .t i: ei`. f d'.t S 7A 4 tot'4N-d`1i.C71� .i. ! !r'� iIIi'�4 :r "'! d' 15., .y E ',j Y rP>t. { e t r' tl .{. ,6yr i �•• t ,. {1 �,'{r I. x.£{J nFht ;Y-•?- i -Y4 .{.rt. .. ,. r�' t: s k•� th. -•�,.,"[ }j k' .;,'`.(r t; A `pc'9;:'�s�si,..,�5i..:•t `n'>vr,:j r r jdT x. -} i "x �! .; } .rT^ .t���[�•tr J,� 1 ,'> o two ./ S. 4r; ?•., �. ..:�• 7+ r tr a .�r• r ; x F' y v}.JSJ p:f't q+rff ztt Y .r4rl`'r YCA..� Yt{'' rf } �Ti � �t.i.iGi +M1+` ., � y [ �k ' s t f .i �i , w•�� }' ) # v t )f r� '' 7 r. dYa�( 'd d J(z 't S� shall be used only for redeeming the senior lien bonds or for purchasing said bonds in the open market at not more than the redemp- tion price . " Section C. That Section 10 of said Ordinance No. 201 be amended to read as follows: "That nothing in this ordinance contained shall be construed in such a manner as to prevent the issuance by the Town of additional bonds or other obligations payable from the income de- rived from the operation of the said water and sewer system and constituting a lien upon said revenues junior to, but not prior or superior to or on a parity with, the lien of the bonds herein authorized nor to prevent the issuance of bonds or other obligations refunding all or a part of the bonds herein authorized; provided, however, that the Town is not in default as to payments required to be made in Section 7 of this ordinance . " Section D. That Section 11(i) of said Ordinance No, 201 be amended to read as follows ,, '.Uhat immediately upon the effective date of this provision , the said water and sewer system shall be operated, controlled and supervised directly and solely by the Board of Trustees of the Town . The said Board of Trustees shall adopt all rules , regulations and laws , not inconsistent with this ordinance , necessary to the efficient operation of the system• " Section E. That Section 11(j ) of said Ordinance No . 201 be amended to read as follows: "That immediately upon the effective date of this provision , the manager of the said system shall be under the direct control of and shall be respon- sible directly to the Board of Trustees of the Town . Any new manager of the system shall be appointed by the Board of Trustees Such manager -4- t +u SVi, �F.ry� t�'i7'f t#kytt• CS r'}fi'i ' ["7 sr i:r' ''.r 4. rr�r;�'d i�., j .n?.rj.e • l" [ � ,,4-.e c� .c 2(�, 'i« 4+r i�r�r°, �};' {'�" + ` , .r F�"s • .•nK'►';•n`•'�•1111 f r.. «r . "�c`:'• .s,�1�y �;.....t!,,.,�:n: _;1;?c 1.� �"yr;r,i.4Fi.'"?,XN;r�,�,b r.d_r4�i, '�'..o2�r,;tv.r 3� . 'xt`i �i ` i>�•l�i. ;f i. � �f �' r`I r :t`r r, "y,'"S. �;�rv. �+,!`n+'� r 'a,Y°yy 4 z y.�!s 4:��.t��y„ �j nt� yk•: .} :.i i , ,r.r- FSt' y A; � Ff f:n�:,',. � '�7.hSr•rZ` ,.i'[,tk ri'l.R'�.12 (�'i r/.r,,/ t• j,t,:(.ack` I: fi ,i :F"'ir ,h„. F h 'r� t. ` F �a' x•$'� 1� }� f :1 A•(�' Itr. �. 'x;� ♦'• .. Sfr LS '' S.rg. itl .Y -t.; �. ,i l� � S t , ! j•y,�aa !�' ;y ..,c � �y� i, .'! '>+• t � 7A... t i.. 4i- 1 t+.s..i.. # + j u ..z r fi s� Ztfrt t shall be fully qualified and experienced to operate and maintain a system in the manner provided by this ordinance. He shall be re- quired to file with the Town a Fidelity Bond in an amount not less than r --- conditioned on the faithful performance of his duties and the prompt, diligent collection, enforcement and application of the rates and charges for services supplied by the system. " Section F . Said Ordinance No. 201 is also hereby amended by the addition of Section 21, which will read as follows -, "Section 21 . That in order to provide proper notice to all future holders of the aforesaid outstanding bonds (numbers 62 to 3_, both inclusive) to the effect that this ordinance has been adopted and to the effect that its provisions have been consented to, the holders of the outstanding bonds shall cause to be stamped or printed on each of such bonds the following endorsement: "The holder of this bond has consented to all of the provisions of Ordinance No, 61,7 , adopted by the Board of Trustees of the Town of Taos , New Mexico, on _, 1961 , in- cluding but not limed to the manner of issuing junior lien bonds , and each subsequent holder hereof must accept this bond ;:object to the aforesaid con- sent and ordinance . " Section G . That the officers of the Town of Taos be , and they hereby are, authorized and directed to take all action necessary or appropriate to effectuate the provisions of this ordinance , Section H. That if any section , paragraph , clause or provision of this ordinance shall for any reason be held -5- f 4-'•4 �3K tr�t;k�M, y�'5��k� � +�a � �. ;a ;��f {1' +o ��),,*(+(�6pT�i'if� i4- 14i f;4 { y. A 51F'5�44 •kr % !;•i'''ta k �t L- I '°>r'.,,{:•�4 fia S '�, a`y § .Y� F't}7 .ti�f , {�.�� . ','.7'ta•'t� .wF`_ Tt .F tj� • t 4 � y�k. r�Y�,.sl �,r ff :�r 4• f t �'�.•x i;i0�� r„ ; W.• t F .,,, ; r<§'i* .iii Ys 'W f.i 4 4 � f�' ,i .✓r r��:�� ..,i. �`,.* ,t',`�-,�''r. { �yS��` ;sY �' a ,} �i TAN �4 )" >. I '}'Y,'.� rR' ',"„4.a "}�t t,. I w{' fi.0 " < ...a4k 1'• y`n ^*� Y.K:'d .i� u•;# ''}tv. x'r� � } .}' �} 5� �' a4A.•� s ��i..y r,rr a ti. t � 4 ���;� o '�°�' � �:i � s �",'� '� ',..� < .; �;F' g'43T.,���tt'�;`r'$.�+°i )i,'Y,�'A-;'��•,r?��. f�'n { '� ;§.. �1 �• S"stt.Ft•�a;.k••t•�,I�,`.."4.�' sY. a»' t,Y t,'�. P,, c�.�'^� '#'?IAA. S,; ? i t. ;'t t ;�:.�i":Yr�+,. tx•r�,. G .3._.3T t �� ,v �.yy _,...i,�.i xl'atF"i � .,r!.t: ':3Z�'�°t�4"'� ° i:�i.i�a i��r�f c „,,1 «`':r .i�, �..;@ t .V r 1 }} `�55 d #. y,- {J.. .[4_� 'y..ii.�1..'y' '. Y� �Y :i e•.. .b., Yip §`�'S�`4 S �7" t f. .ryv 1 .•-v y7 ''} t :k^' s..•,::r •'J.'F' �i"{9 �. i r y'�'t,ia 5 {{ i . » � Y i J r yy t - r {1 4%.tq�;, 4.1--r �� Y� '•.� '� �1,;�! t. 1 ,• � ;. . 5KDii:�.t�•,- y ni `r A7i5;�iP,y'i ',S }i< Sii+Tj1 Fr^.rti A i, ,p�,C. I{,f .r•. qr t i+y �" " '1 'ti al� .{.,S � ,p�e. t kyKl �ejh�5.�.i' � t�� 'Z 3'¢�'�1't 4—r4 d ; T7 tl t y t ..�` •f ., c 4 { k', xT A ? r t p +'',`,A 1, -rye T t 5 iru ! r .3 '}r ,•r { At - S r ;5� t } y t .�tE+.. r 4, 3 hr i r ` t.a ite 'S r5,ty�, {I i ?fit! F j stir}: to be invalid or unenforceable, the invalidity or unenforce ability of such section, paragraph,. clause or provision shall not change any of the remaining provisions of this ordinance . Section I . That all ordinances or resolutions, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be cons`.rued to revive any ordinance or resolution, or part thereof, heretofore repealed. Section J . That because of the fact the Town does not now have an adequate water and sewer system it is neces- sary to defray forthwith the cost of improvements thereto, this ordinance is necessary for the preservation of the public health, peace and safety of the inhabitants of the Town of Taos, Taos County, New Mexico,, and that this ordi- narice is hereby declared to be an emergency on the ground of urgent public need; and, therefore, immediately upon its final passage , this ordinance shall be recorded in the book of ordinances of said Town kept for that purpose, authenti- cated by the signatures of the Mayor and Town Clerk, shall be published in the Taos News a legal newspaper published and of general circulation in said Town . PASSED, ADOPTED, SIGNED AND APPROVED this 5th day of July 1961 , /s/ Gilbert C. Rivera Mayor r s r.AL Attest, _ ,s/ Molly O. Rivera Town Clerk -- -6-