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518 TOWN OF TAGS ORDINANCES YEAR: L93Y - NUMBER: J I p V-1 M. t. e", ORDINANCE NO. 510 AN ORDINANCE FRCTVIDING FOR THE EXTENSION) q ENLARGEMENT AND BETTERMENT OF THE JOINT WATER AND SEWER SYSTEM OF THE TOWN OF TAOS, AT A TOTAL COST OF NOT EXCEEDING $155,000.00 (EXCLUDING ANY SUCH COST DEFR/tYED BY SOURCES OTHER THAN REVENUE BOND PROCEEDS) ; DECLARING THE NECESSITY FOR MAKING AND ISSUING SECOND LIEN JOINT WATER AND SEWER REVENUE BONDS PAYABLE SOLELY OUT OF THE NET INCOME TO BE DERIVED FROM THE OPERATE, "; OF SUCH MUNICIPAL ITTILITY ; AUTHORIZING THE ISSUAN(I'E AND SALE OF SUCH REVENUE BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF $155 ,000,.00 -, PROVIDING THE FORM, TERMS AND CONDI- TIONS OF SUCH BONDS , THE MANNER OF EXECUTION THERE- OF , THE METHOD OF PAYING SUCH AND THE SECURITY THEREFOR; PROVIDING FOR THE DISPOSITION OF THE IN- COME DERIVED FROM THE OPERATION OF SAID JOINT SYSTEM; RATIFYING ACTION PREVIOUSLY TAKEN CONCERN- ING SAID JOINT SYSTEM AND SAID BONDS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY, WHEREAS, the Town of Taos (herein sometimes merely designated as the "Twm ") , in the County of Taos and State of New Mexico, is a legally and regularly created, organized and existing municipal corporation under the laws of the State of New Mexico, its full corporate name being "Town of Taos , " and has existed as such since the 7th day of 1934; and WHEREAS , the Town does now own and operate a joint water and sewer system, being a single operation (and herein- after referred to as the "Joint system" or "system") ; and WHEREAS , the interest of the Town and of the inhabitants thereof , and the public interest and necessity, demand the extension , enlargement and betterment of the joint water and sewer system, such undertaking being herein sometimes inerely designated as the "Project "; and -2- FILMED DOCUMENTS ARE THE BEST AVAILABLE COPIES. �, ,.:.,t,}r;�,at r',.,�a'`��rk.✓Y7i� �rw��'��"q'1�:•�"dy-��u�1��1�'A{��'�..� ' S-'a :`Tkr" r••'4:„i. �,�,'�.j,.'3'' t xvYA X_• } �(7 y + � �t C � r + x k �'t � �?�JT. ..d}2t.T�'R + «+ .v x p•,(�it tw,. 1 i .a kr :)..' 5 '�- :, a' � +•,�yt. .•�►". ! 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C'9'Jth !l � � .{�i�`SQ��+� w'k F• jN ''4 y(tYG WHEREAS, the Town (then operating as a 4illage) , pursuant to Ordinance No. 201, adopted and approved on the , 2nd day of December, 1949, as amended by Ordinance No. 317 , E passed, adopted, signed and approved on the 5th day of w July 1961, has issued its Village of Taos, New Mexico, Water and Sewer Revenue Bonds, Series November 1, 19497 sometimes herein referred to as the 1949 Bonds, in the aggregate principal of $ 3:30 ,000.00 , maturing serially in regular numerical oiuer on the first day of November in each of the years 1952 to 1979, both inclusive, bonds maturing in the years 1952 through 1957 bearing interest at the rate of four and one-fourth per centum (4-1/4%) per annum, and bonds maturing in ti-e years 1958 through 1979 , bearing interest at, the rate of four per centum (4%) per annum, payabLe May 1 , 1950 , and semiannually thereafter on the first days of November and May in each year, of which issue there are outstanding and unpaid bonds numbered 62 to .11E, both inclusive, in the aggregate principal amount ; ;s of $ 269,000.00 ; and WHEREAS, Section 10 of said Ordinance No. 201 , as amended by said Ordinance No . ,�1� provides as follows "Sot:* ion :0 • Thatnothing in this ordinance on to ined shall. be construed in such a manner as to prevent. t'r,.e issuance by the Toun of additional bonds cY other obligations payable from the income derived from t`r)e operation of the said water and sewer systF,�, and constituting a lien upon said re,:Fnues juntzr to, but not prior or superior to or on a parity with , the lien of the bonds hereir. authorized r,or to prevent the issuance of bonds or other obligations refunding all or a part of the bonds hFrF•. i1) a•at horized: provided, however, that the Town is tiuL in default as to payments required c: be made i Sec%ian 7 of this ordinance . " and WHEREAS, the Town is not in detailc as to the pay - ments required to be made in Section 7 J said Ordinance No, 201 ; and { 5.. :1'i':r; }^ .wt . : ti .. l at'�J 'i [ 15Fr. �}f. �, .s i.., f, �.f ;A t yy•t+at.7 lya,}.{+n• y ,'M� S v r.G. � ; � ' s•t1 iµl ' t ...�. f '�� e i 111 `St �•s a'� #Yi}�''�a�"i�`'��i}�'{t,F�t i WHEREAS, the revenues of the joint system for the year preceding the issuance of the bonds authorized by this ordinance have been adequate to pay the requisite amounts specified in said Section 7 of said Ordinance No. 201 and the principal and interest requirements of the bonds authorized by this ordinance ; and WHEREAS , the bonds herein authorized in the amount of $155,000 .00 shall be junior to said bonds dated November 1 , 1949 ; and WHEREAS , the Town of Taos has never pledged or in any way hypothecated the revenues derived from the operation of the joint system to the payment of any bonds or for any purpose, other than those indicated in said Ordi- nances Nos . 201 and 517 , with the result that the amount derived from the operation of said joint system may now be pledged lawfully and irrevocably for the redemption of the bonds herein authorized, subject only to those pledges designated in said ,)rdinan,Zes Nos . 201 and 517 ; and WHEREAS, in order to provide funds with which to defray the cost of acquiring the Project, the Town proposes to issue the revenue bonds of the Town , payable as to principal and interest solely out of the net income to be derived from the operation of such joint system; and WHEREAS, in order to authorize the making and issuance of its joint water and sewer revenue bonds , and in order to pledge the net income to be derived from the operation of said joint system to the payment of said bonds , and in order to comply with Sections 14-39-8 to 14-.39.• 13 , both inclusive , New Mexico Statutes Annotated, 1953 , and all laws amendatory thereof and supplemental thereto, it is necessary that an ordinance be adopted by the affirmative vote of three-fourths of all the members of the entire Board of Trustees of said Town declaring the necessity thereof , NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF TAOS, NEW MEXICO, Section 1 , Ratification . That all action (not inconsistent with the provisions of this ordinance) hereto- fore taken by the Board of Trustees of said Town of Taos , ', � ai5f• v ,� b't.r t� Ns7 '{j is F� {.Lf1, y '-.k4.-,l r+t �$ "'� w and the officers thereof, directed toward the extension, enlargement and betterment of the joint water and sewer system, and toward the issuance of the Town' s joint water and sewer revenue bonds, be, and the same hereby is , ratified, approved and confirmed, including, without limit- ing the generality of the foregoing, the sale of said bonds in the aggreg to principal amount of $1.55,000.00 to Quinn & Co, , Albuquer ue, New Mexico, and associates , for the pr.ir - cipal amount thereof and accrued interest thereon to the date of delivery, said bonds bearing interest as hereinafter provided. Section 20 Authorization of Betterments. . That the Town' s joint water and sewer system shall be, and the same is hereby ordered to be extended, enlarged and bettered at a total cost of not exceeding $155,000. 00, excluding any such cost defrayed or to be defrayed with moneys derived from any source other than revenue bond proceeds ; the same is hereby authorized; and the necessity thereof is hereby so declared, y Section 3 . Authorization of Bonds. That for the purpose of protecting the public health, conserving the property and advancing the ge.Lieral welfare of the citizens of the Town, and for the purpose of defraying the cost of such Project, it is hereby declared necessary that the Town make and issue, pursuant to the provisions of Chapter l& , Article. 39 , New Mexic c Statutes Annotated , 1953, and all other acts amendatory thereof or supplemental thereto, its bonds designated "Town of Taos, New Mexico , Joint Water and Sewer Revenue Bonds, Series July 15, 1961 . " payable both as to principal and interest solely out of the net income derived from the operation of the joint system, such "nt- t income" herein defined as being the gross income aftrr deduction only for the necessary and reasonable expense-, of operating and maintaining such joint system, and the Town pledges irrevocably , but not necessarily exclusively, such net income to the cayment of such bonds and th;- interest the. enn (subject to the payments requirp.d by the. afore-aid Ordinance No, 201 , as amended by the aforesaid Ordinance No. the proceeds th-: ►c: - r to be used solely for the uur - Section 4. Bond Details. That said bonds shall be issued in the aggregate principal amount of $155,000.00, shall be dated as of the fifteenth day of July, 1961, shall consist of 155 bonds, in the denomination of $1,000.00 each, numbered conaecutively from 1 to 155, inclusive, shall bear interest from date to maturity at the rate of five per centum per annum (5%) , ' as evidenced by coupons designated ":e, " attached to said bonds and shall bear additional interest at the rate of one per centum (1%) per &ovum from date to the first day of May, 1971, as evidenced by a second set of coupons designated "B" and attached to said bonds, all interest being payable May 1, 1962, and semiannually thereafter on the first days of November and May in each year, as evidenced by interest coupons attached to said bonds, and mature serially on the first day of November in each year, the bond numbers , amounts maturing and years of maturity all being as follows: Bond Numbers Amounts Years (All Inclusive) Maturing, Maturing 1 - 20 $209000.00 1980 21 - 40 200000.00 1981 41 - 60 20,000.00 1982 61 - 80 20,000.00 1983 81 - 100 209000.00 1984 101 - 120 200000.00 1985 121 - 140 20,000.00 1986 141 - 155 159000.00 1987 In the event any of said bonds shall not be paid at maturity upon presentation, it shall thereafter continue to draw interest at the same rate specified therefor hereinabove . Both principal and interest shall be payable in lawful money of the United States of America, without deduction for exchange or collection charges, at The First National Dank of. Denver, Denver, Colorado. Section 5. Prior Redemption . All bonds (i.e. , 1 through 155) are subject to prior redemption in inverse numerical order at the option of the Town of Taos, on the first day of May, 1971, or on any interest payment date thereafter, at a price equal to the principal amount thereof With accrued interest to the redemption date and a premium of four and one-half per. centum (4-1C2%) of the principal amount thereof. Notice of redemption shall be given by the Treasurer of the Town of Taos, in the name of the Tocm , by publication of such notice at least once, not more than sixty nor less than thirty days prior to the redemption date, in a newspaper of general circulation in the Town of Taos, and a copy of such notice shall be sent by registered tail at least thirty days prior to the redemption date to . the original purchasers of the bonds, the said Quinn & Co. , Albuquerque, New Mexico, and the aforenamed paying, agent, The First National Bank of Denver, Denver, Colorado. Such notice. shall specify the number or numbers of the bonds to be so redeemed (if less than all are to be redeemed) and the date fixed for redemption, and shall further state that on such redemption date there will become and be due and payable upon each bond so to be redeemed at The First National Bank of Denver, Denver, Colorado, the principal amount thereof with accrued interest to the redemption date , together with the stipulated premium, and that from and after such date . interest will cease to accrue. Notice having been given in the manner hereinbefore provided, the bond or bonds so called for redemption shall become due and payable on the redemption date so designated, and upon presentation tte_eof suusequent to the redemption data, the Town or Taos will so pay the bond or bonds so called for redemption. Section 6. Negotiability. That, subject to the payment provisions specifically made, or necessarily implied herein, the revenue bonds hereby authorized, shall be payable to bearer, fully negotiable , and shall have all the qualities of negotiable coupon paper, and the holder or holders there- of shall poaaoss all rights enjoyed by the holders of nagotiebla instruments under the provisions of the Negotiable In a trumcn to Law. Section 7 . Execution. Said bonds shall be signed by the Mayor in the name of the Town of Taos and attested by the Town Clerk, with the seal of the Town affixed thereto, and the interest coupons thereto attached shall be also -7- M q MI a>v$ ,xrt 1., i r6'r r .K �v,,'.th^+, } sR sx 1 r C�" rq ,.. 'E' t3 sa" •y. � � �.r: > �t; t 9e r§x� 3� ± a t x•-r�. a`.+ "�`'fie, .� � �`'''� � � �y` ' payable to bearer and shall be authenticated by the facsimile signatures of the officers as they appear on said bonds, which officers by the execution of said bonds shall adopt as and for their signatures the facsimiles thereof appearing on said coupons - Said bonds and coupons bearing the signature's of the officers in office at the timA, of the signing there- of shall be the valid and binding obligations of the Town of Taos , notwithstanding, that before the delivery thereof and payment therefor, any and all of the. persons whose signatures appear therecr. shall ha---re ceased to fill their respective offices . Sect.i r, A Source of Fav:ievt-_ All of said bonds., together with rr,P int,-:rest accruing tFereor, , shall be pay- able and collectible solely oat of the n�-'-t income to be derived from the operation+, of the joint water and sewer system, the income of which is so pledged , tre bolder or holders thereof may not look. to any general cr other fund EoT: the payment: rtf principal and interest on such obliga- tions , except the designated special funds pledged therefor ;xc7d such bonds shall not constitute an irdebt.e'dne,ss nor a (4 bt wi. thl-v tbgt-� ne ining of any c.onst.itotional or statutcry c,r limitation , nor shall they be. ccnsidered or Ft lu tr, bt; ge e-ral obligations of the T��wn ;;ec:.:L.31) a Bond and Coupon r orm Uat said bands and the cciar,crs theretc attached shall be- in substantially t-be following f;'rm i r i ,F't�{.r,ri iyrt t J iw (Form of Bond) UNITED STATES OF AMERICA STATE OF NEW MEXICO COUNTY OF TAOS TOWN OF TAOS JOINT WATER AND SEWER REVENUE BOND SERIES JULY 152 1961 NO. $12000.00 The Town of Taos, in the County of Tsos and State of New Mexico, for value received, hereby promisee to pay, upon presentation and surrender of this bond, to the bearer hereof, solely from the special funds provided therefor, as hereinafter set forth, on the first day of November, lg_, the principal sum of ONE THOUSAND DOLLARS and to pay solely from said special funds interest thereon at the rate of five per centum (5%) per annum, evidenced from date to maturity by one set of coupons designated "A" (plus additional interest at the rate of one per centum (1%) per annum from date to the first day of May, 1971, evidenced by a second set of coupons designated "B, " which are pre- sentable for payment separately and apart from other coupons) , all interest being payable on the first day of May, 1962 , and semiannually thereafter on the first days of November and May in each year, upon presentation and surrender of the annexed coupons as they severally become due . If upon presentation at maturity, payment of this bond is not made cs herein provided, interest shall continue at the same rate until the principal hereof is paid in full . Both principal and interest are payable in lawful money of the United States of America , without deduction for exchange or collection charges at The First National Bank of Denver, Denver, Colorado. This bond does not constitute an indebtedness of the Town of Taos within the meaning of any constitutional or statutory provision or limitation, shall not be con- sidered or held to be a general obligation of the Town, -9- FILMED DOCUMENTS ARE THE BEST AVAILABLE COPIES. "M I R P-i and is payable and collectible solely from the net revenues (i.e . , gross revenues less reasonable operation and main- tenance expenses) derived from the operations of the muni- cipal joint water and sewer system, the income of which is so pledged ; and the holder hereof may not look to any general or other fund for the payment of the principal of and in- r-rest on this obligation except the special funds pledged til-.erefor. Payment of the bonds of the series of which this is one and the interest thereon shall be made solely from, and as security for such payment there are pledged, pursuant to Ordinance No. 518 , adopted and approved the 5th day of J61Y —) 1961 , two special funds identified as the "Town of Taos Joint Water and Sewer Revenue Bonds, Series July 15 , 1961 , Interest and Bond Retirement Fund, " and as the "Town of Taos Joint Water and Sewer Revenue Bonds, Series July 15 , 1961 , Reserve Fund, " into which the Town covenants to pay respectively, from the net revenues derived from the operation of its joint water and sewer system (after provision only for payment into the "Taos Water and Sewer Revenue Bond Fund, " and the 'Reserve Fund,, " both pledged to the payment of the Town 's Water and Sewer Revenue Bonds , doted November I , 1949 , authorized by Ordinance No. V", 204 adopted and approved on the 2nd day of December, 1949, as amended and supplemented by Ordinance No. 517 passed, adopted signed and approved on the 5th day of July 1961) , sums sufficient to pay when due the principal of and the interest on the bonds of the series of which this is one , and to create and maintain a reasonable and specified reserve for such purpose . For a description of said funds and the nature and extent of the security aforded thereby for the payment of the principal of and interest on said bonds ., reference is made to said ordinance. The bonds of the series of which this is one are equitably and ratably secured by a lien oyi the designated net revenues ; said bonds, subject to WW FILMED DOCUMENTS ARE THE BEST AVAILABLE COPIES. the prior lien of the Town 's aforesaid Water and Sewer Revenue Bonds , dated November 1 , 1949 , constitute an ir- revocable first lien (but not necessarily an exclusively first lien) upon said net revenues derived from the operation of said joint system. Bonds in addition to the series of which this is ore on a parity therewith or subordinate hereto , may be issued and made payable from the net revenues and income of the joint system in the manner and upon the conditions provided in the ordinance authorizing the i ssuar,ce of this bond. The Town of Taos covenants and agrees with the holder of *-his bond and with each and every person who may become t_. ... -older hereof tl,at it will keep and perform all the cc,,enants of this ordinance , including, without limiting the generality of the foregoing , its covenant against the sale or mortgage of said joint system or any part thereof unless provision shall be made for the payment of the prin- cipal of and interest on the bonds of the series of which thl s i,- one , and including its covenant chat it will fix, :;,air,cain and collect rates for services rendered by said i­r system s.:fficient to produce revenues cr earnings to the cpe rating and maintenance charges and one hundred fifty pF: centum ',. 150%) of both the principal of and in- tc- r_sr. cn the bonds and any other obligations payable an- -��� : iv from the revenues of said joint system, including chi.: re se rvc therefor, This bond is one of a series of ::ne hundred and i rty • fivv bonds cf like tenor, amount and date , except as c.(_. ,.rid maturity, authorized for the purp;:•se of pay- in,; tf:e costs of extending, enlarging and bettering, the water and sF?wer system of the Town of Taos , in an amo,inr not exceeding $ 155 , 000 . 00 (excluding any cost de- f raved by sources c�tf.er than revenue bond proceeds) , ."1:is bond is one of a series subject to prior redemption in inverse numerical order at the option c)f the Town .p the first day of May, .971 , or on any interest: pay- ment date thereafter , at a price equal to the principal a(TioUllt hereof, accrued interest hereon tc: the redemption FILMED DOCUMENTS ARE THE BEST AVAILABLE COPIES. date, and a premium of four and one-half per centLun (4-1/2%) of the principal amount hereof. Redemption shall be made upon not less than thirty days ' prior notice by publication and by mailing in the manner and upon the conditions pro- vided in the ordinance authorizing the Issuance of this bond. This bond is subject to the conditions, and every holder hereof by accepting the same agrees with 'hligor and every subsequent holder hereof , that (a) the ivery of this bond to any transferee shall vest title in this bond and in the interest coupons attached hereto in such transferee tc tee same extent for all prirposes as would the delivery under like circumstance s of any negotiable instrument payable to bearer , (b) the obligor and any agent of the obligor may treat the bearer of this bond as the absolute owner hereof for all purposes, and shall not be affected by any notice to the contrary; (c) the principal of and the interest on this bond shall be paid, and this bond and each of the coupons appertaining thereto are transferable, free from and without regard to any equities between the obligor and the origi.nal or any intermediate holder hereof, or any or cross-clai-ins , and fd) the surrender to the obligor or any agent of the obligcr of this bond and each of the coupons shall be a good discharge to the obligor for the same It is fur&er certified, recited and warranted that. all the requirements of law have been fully complied with by the proper officers of said Town in the issuance of this bond -. anL1 this bond is issued purs .,ant to and in strict cocformity With the Constitution and laws of the :state of New Mexico, and particularly under the terms and provisions -if Article *39 , Chapter 14 , New Mexico Statutes Anr.ctated, 1.953 , akid all laws amendatory thereof and sup- pie-mental thereto 1N WITNESS WHEREOF the Town of Taos has caused this bond to be signed by its . yor, sealed with its corporate seal , attested by its Town Clerle.; and the coupons hereto annexed to be authenticated with the facsimile -12- WA c^'yR''}s `" h 5 } signatures of said Mayor and Clerk, all as of the fifteenth day of July, 1961 . fDo Not Sign) Mayor (SEAL,) Attest, _ (Do Not SS' n) Town UZZ- k t� r Fnd of Fore: of Bond) -�13� +r, >..rr�� dz r."„n e4•v w -' ,b� i+�K> "" .�1..7- fr'4}'+` f. .. .;r+Y�.�� �` � b'1 � ;� t..t ai^'""(�n�'.••;t Y� '�M:'�i. �y�"`W;.I�p.'.�' of?i i�4es, '{'_,`F ?k + ¢. K ! ��kY .t, .'�- +��, �'1i,� �'�} ',t " y ix [ � A� l +; t i ,+r; y'� �: 1 �. 6`. t�� � •-�"' �• ' yy �, •d S�..J pi k�tj;:- t ,Aar }.. ai f �` � t't t •N+ y '+�' EI ""k. ti Ji J. (Form of Coupon) $25.00 $39 .65 Coupon No. * S 5.00 $ 7 .93 On the first day of November, 19_, **(unless the bond to which this coupon is attached has been called for prior redemption) , the Town of Taos, in the County of Taos and State of New Mexico, will pay to bearer in lawful money of the United States of America , without deduction for exchange or collection charges, at the office of the Town Treasurer in Taos , New Mexico,Yhe Fist Nat vnal Sauk of Denver, DenvK, Co6rade TWENTY-FIVE AND N0/100 DOLLARS THIRTY-NINE AND 65/100 DOLLARS FIVE AND NO/100 DOLLARS SEVEN AND 9 3/100 DOLLARS solely from and secured by a pledge of two special funds created from the net revenues derived from the operation of the joint water and sewer system of said Town, such amount being **,ninemmont s ' and sixteen days '*** interest on its Joint Water and Sewer Revenue Bonds, Series July 15, 1961 , and bearing Bond No. _ (Facsimile Signature) Mayor (Facsim to ;signature) Town Clerk * ( Insert "A " or "B" as well as the number of the coupon . ) **(Insert in all coupons maturing on and after November 1 , L97L . ) ***( Insert "nine months ' and sixteen days '" in all coupons numbered A-1 and B- 1 only. ) (End of Form of. Coupon) -14- -x Section 10 . Period of Usefulness . That it is hereby determined and recited that the period of usefulness of the facilities to be acquired with the proceeds of the bonds herein authorized is not less than twenty-six years, three months and sixteen days from the date of said bonds, i . e , from the fifteenth day of Ju 1y, 1961 . Section 11 . Bond Execution and Delivery. That the Mayor and the Town Clerk are hereby authorized and direc .ed to prepare and execute said bonds as herein pro- vided and the Town Treasurer to deliver them to the lawful purchaser thereof on receipt of the agreed purchase price . Section 12 , Disposition of Bond Proceeds , n , Accrued Interest and premium. That all moneys received as accrued interest at the time of delivery of the bonds herein authorized from the sale thereof and any premium therefor shall be deposited into the 1961 Bond Find (further described in Section 15 of this ordinance) , to apply on the payment of interest next due on the bonds payable therefrom B. Acquisition Account , That except as herein nrherwise provided, the proceeds derived from the sale of t `7c_ s�iL(l 1961 bonds shall be deposited promptly upon the recei.at thereof in the First State Bank of Taos , Taos , New Mex : cr. , which nzcount. shall be known as the "Taos, New Mc�xicc . ,Joint Water. and Sewer Revenue Bcmds , Series July 15 ., Isiriun Account , " herein sometimes designated as tl,LC- Akaj,,i :>i_tion Account , The moneys in the Acquisition " . count . except as herein otherwise specifically provided, i 1 be tised solely for the purpose of acquiring, extensi � { t.11111argemonts and betterments to the system, except that ai , , system .is completed as herein provided, all money, if an, remaii)ing in the Acquisition Account shall be deposited into 0-0' 1901 RL'SOrve Fund ( further described in Section 15 of Chas or t:ar ::E Money,, shall. be withdrawn from said Acquisi .. i 1•n Ccouc)r nn I •Y :upon warrants or checks drawn by the Ma I JIlk! (; 1ei-k of the Town . No such warrant for any sum for con - "ruction work shall be issued untLi the Board of Trustees has received a certificate from the Consuiting Engineer certifying that such a sum is doe and owing for the work of 15- o ,i,f.r;, .a ..- . ., i w '. .-�� .v 1. } ':•Yt r ��' f,ly a„�ti.�Y.`� y,S i�'},+ such construction , nor until the Board of Trustees has adopted a resolution accepting such certificate and direct- ing the drawing of such warrant or check. C . Purchasers Not Responsible for Misuse of Proceeds . That the purchaser of the bonds herein authorized, however, shall in no manner be responsible for the applica- tion or disposal of the Town or by its officers of the funds derived from the sale thereof or of any other funds herein designated . Section 13. Fiscal Year. That for the purpose ()'I- this ordinance the municipal joint water and sewer sy:. -em shall be operated upon a fiscal year basis commencing the first day of July and ending on the 30th day of June . Section 14 . Income Fund.. That so long as any of the bonds hereby authorized shall be outstanding, either as to principal or interest , all income and revenues derived from the operation of the joint system shall be Oe})o�ittrti into a special fund designated "Taos , New Mexico, .Toilet Water and Sewer System picome Fund, " (previously rEfE r.re_:' to in Lhe saiO Ordinance No 201 as the "Taos W ftt. r. and Sewer Revc!nue Fund ") , and hereinafter sometimes ac t-,iggOted as "Income Fund , " Section 15 ^dmi:,istration of Income Fund , That ! ong as and, of the bonds hereby authorized shall be out - �, t citht r as to principal or interest , the. following ;1<1 ;;.rlit5 sh-111 be Aare from the Income Fund: Or3cratton_ and Maintenance Fund. First� y, there sh.i l : ,,: r;er aside t. 3ch month as an operation and maintenance SUCK rc-dsonah '..e' percentage of the Income Fur.cl as the c,i '[ Lust ee s shall. determine to be reasonable and r the prupi. r operation and maintenance of said :,%,sL :>ln ; '10(l said moneys shall be used Solely therefor ir... 1 •:;iin�. , '; . r. not limited to the cost of all salaries , iabot• , mace- i"Its , adequate- ins:.1:•ance , ant'. ;an:i proper charges .-or,cerni.ng the ; l)d rcivell!_e i�:.f pis herein designattd and i-ereafter �luti�cri ecl in cr.�n��c .:Lic With O e '1oi.1)r sVstetr. any si,rplus Alt Lhe End] of ttte vear au,d '1Clt. needed for - 16- 6 !,MP operation and maintenance purposes , shall be transferred to the Income Fund and be used for the purposes thereof, as herein provided. B. Principal and Interest Requirements for 1949 Bonds . Secondly, there shall be deposited each month in a trust account with the Mercantile National Bank, Dallas Texas, to be designated, "Taos Water and Sewer Revenue Bond Fund, " one-sixth ( 1/6) of the next maturing installment of interest on all of said bonds outs t nding, and not later than October 1 , 1951 , and each month thereafter one-twelfth ( L/ 12) of the next maturing installment of principal of said bonds outstanding.. C . 1949 Reserve Fund.. Thirdly, in addition to such deposits of interest and principal., in each of the years L950 and L951 there shall, be deposited in said Bond Fund in substantially equal monthly installments , not less than a total Of $5 )000 ., 00 , to be held as a Reserve Fund, and commencing on January 1 , 1952 , and each month thereafter, there shall bo deposited in said Reserve Fund 20% of the mo-i t h I y deposits of interest and principal , until the Re-i e rve Fund shall contain a sufficient amount to pay in -id-,-a i,c o cwo years ' requirements of interest and principal on !�.iid bonds . in addition to the requirements for the t year , Such Reserve Fund shall be maintained at socr. amount )ntil it shall be sufficient to pay the interest oil alld principal of all of said bonds outstanding . The WOO( 1"'; in said Reserve Fund may be invested in direct obli - gat- loiis of t1k-.e Unirced States of America and any income hi, . f r 11 be placed to the credit of said Bond Fund D. PrinciRf�l and Interest Requirements for 1961. 0 i'-OL11thly, and subject to the aforesaid provisic,iis . t -torn any nioneys remaining in the Income Fund, i . e . , from clfic- vot. income and revenues , there shall be deposited and a bank account to be known as the '"Town of Taos water and Sewer Revenue Bonds , Series July 1- 5 , 1961 and Bond Retirement Fund , " herein sometimes referred to as th(� 1961 Bond Fund , the following i Monthly, commencing on the Hirst day of a . L.ht mont:h immediately succeeding the delivery _i any of the . 17 - FILMED DOCUMENTS ARE THE BEST AVAILABLE COPIES. t. :f �4 i ;vl 4:} df( '13 j'�,cr p`S 2 rSr t`�s,+l `"r f • ��NN 5 iG^ { A", Sir a, CB. , bonds , an amount in equal monthly installments necessary, together with any moneys therein and available therefor, to pay the next maturing installment of interest on t9e bonds then outstanding, and monthly thereafter commencing on the first day of May, 1962 , one-sixth of the amount necessary to pay the next maturing installment of interest on the outstanding bonds authorized hereby, 2 ., Monthly, commencing on the first day of November, 1979 , one.-twelfth of the amount necessary to pay the next maturing installment of principal on the bondE authorized hereby. E. 1961 Reserve Fund. Fifthly, and concurrently with the payments required by the next preceding Paragraph P, except as provided in Paragraphs F and G of this Sec- tion 15 of this ordinance, and in addition to the moneys required to be deposited in the 1961 Reserve Fund by Section 12 of this ordinance .., monthly commencing on the first day of the first month following the delivery of any portion of the Town 's July 15 , 1961 , bonds, the sum of $200.00 per month sr,a L L be deposited monthly ($2 ,400 ..00 annually) into a bank ncr_uunt tc be known as the "Town of Taos Joint Water and .cwc r- Revenue Bonds , Series July 15 , 1961 , Reserve Fund, " herein somer.i.mes referred to as the 1961 Reserve Fund, un- i 1 there has been ac,�- muIated $ 30,000 .00 therein and rf e reaf ter such amount or amounts , it any , shall. be deposited wt;nt-hty from any moneys remaining in the Income Fund into -,ie Joint Reserve Fund necessary to maintain said $30 ,000 ,00 . The monk,.'•, in the Reserve Fund shall be accumulated and wAl !)tuit-ed as a continuing reserve to be used, except as re 1 ,1af ter provided in Paragraphs F and G of this section , (.)I-, 'ty to pre,!ent deficiencies in the payment of the principal an i interest on the bands hereby authorized resulting Grin-r the fai f uze to deposit: into the 1961 Bond Fund suf- � ' . � t:rjt. finds t,) pay said principal and interest as the arf:e accrue . P . TermLnation of Payments in 1961 Funds . No payment deed be made into the 1961 Bond Fund, tt,e 1961 Reserve Fund , or bcth , it the amount in the. 1961 Bond Fund • 18- lKk � I I "�Wv' 40 1 1 r .1 U P"� Ov, and the amount in the 1961 Reserve Fund are at least equal to the entire amount of -:he outstanding bonds herein au- thorized, both as to principal and interest to their respective maturities , and both accried and not accrued, in which case moneys in said two funds in an amount at least equal to such prirc.,.paj and interest r,.quirements shall be used solely to pay s-ich as the same accrue, and any moneys in excess there-of in said two funds and any other moneys derived from the operation of the joint system may be used in any lawful manner determined by the Board of Trustees of said Tow—, , G Defravirz-Delinjuencies for 1961 Bond and 1961 Reserve Furd.-, if , in ary momith , the Town shall , for any reason , fail to pay into the 1961 Bone, Fund the full amount abo%ie stipolatrd from the net jr. -OMr a.,nd revenues , _ of the joint system, ti,en an amount. sha', 1 be paid into the 1.961 Bond Fund in q ,::h month from the 1961 R( serve Fund eyaal t ., the diffF.rcn:t• b,-.tween that paid from said net income aad revenues and the Full amount sc; s? ipulaLed , 11,E :rvinc , so LjsPJ sf,hl' : br- replaced in the 1961 Resr-rue Fund from ri-a fi !: .i;t tc -(-ojFs thereafter rpcc .Lued from the Ot �ra. jjirt sys! pm not reyojiLred to be oth.er-41se f1pp! Led If 1 n any month, O.e Tcun shall , fcr any reason , L dj ) t C-, pi y I rj t C, 1 *t,e 1961 Resrrve 1 --ird he f v. i amo-Int ab,j ;t. stij­, , 3uzd frcri rlk- incomi and re rF a its of tLe 1961 cy�: reiri , ut.e difterence bet�een the amoort L,3-. (j and the ,vt?k),.jnt so Ship-dated 31,311. in a like rr.an-,er 'b(- Paid thele 'l-, rc. fAisr rr-.ven,.,e-s thereafter receiuc.d frorrn tlre "P. ratir-1 of the kint system not require- d rc be ath,Pr:-ise P, �11.( 1*1C:1':e - I ' 9bl .)I i.C-_0, 1 Ys in the 1961 Bo-d Fund a-d -, � t ! iZt_ -;e rv-e Funo hall by _iscd solely and only i -,r rlv pi_-rpost .-A pjyj -g Ir.c- l)ri-nc,. pdJ of and the :Lnterc-sL on Lhe bonds issued . ued f.rcivided, hovever , that ar-�Y rrorvF-ys -Whii. t may be. at any rime in r-Ac_ess $30 ,000 00 .!-1 the 19611 Re -_,f2rve Fu­cl may bc- -.,:4Lchdrawn therefro,a :rtd 'ised as herein Provided '13-Y ni- t and r,ivenue.s (.IerL .lPd t1011; 0:( � CjiilL C'Y S Vein . 4 f, E; t ;if' Moneys ""4, 1.4 E'i I S 1'1 d L T'j_- . 19 l cram 1,{t other provision of this section, any moneys in any fund designated in this section not needed to defray operation and maintenance expenses for the joint system for the current fiscal year nor to defray principal avid interest require- ments for bonds payable from the joint system 's revenues for the current and next succeeding fiscal year may be invested or reinvested by the Town Treasurer in direct obligations of, or obligations the principal and interest of which are unconditionally guaranteed by, the United States of America , which shall be subject to redemption at face value by the holder thereof at the option of such holder, or which shall mature not later than eighteen months from the date of such investment. The obligations so purchased as an investment of moneys in said fund shall be deemed at all times to be a part of said fund, and the interest accruing thereon and any profit realized therefrom shall be credited to she fund , and any loss resulting from such investment shall be charged to the fund. The Town Treasurer shall present for redemption or sales on the prevailing market any obliga- tions so purchased as an investment of moneys in the fend whenever it shall be necessary to do so in order to provide moneys to meet any payment or transfer from such fund,. I Exrension_ and_Betterment Fund. After making the payments hereto above provided in Paragraphs A through H of Section 15 of this ordinance , any remaining revenues derived from the operation of the system (but not more than 107C :.:I the gross income from said system) may be paid into a "Laos Water and Sewer System Extension and Betterment Furd " for the p-irpose of extending, improving or repairing said system , provided th<:t the principal , interest anci reserve requirements of any additional bonds issued pur-SUant to Seccion 11 of this ordinance , shall have priority over said Extension and Betrermt.-nt Fund as to any current revenues remaining after the payments necessitated by Paragraphs through H of said Scar. ti_rn 15 . ,' , Bank / ccounts for 1961 Bonds The a fore.sd i cl 1961 Bond Fund and 1961 Reserve Fund shall he maintained and kept separate from all other funds and accc ;nts in The First -20- National Flank of Denver, Denver, Colorado, or its successor, and the aforesaid Taos Water and Sewer System Extension and Betterment fund in any bank or banks , each of which is a member of the Federal Deposit Insurance Corporation. Each monthly payment- shall be glade into the proper fund and account on tb.e first day of each month ,, except that when the first day of any month shall be a Sunday or a legal holiday, than such payment shall. be made on the next preceding secular clay . K . Surpl .is Revenues of the System , After making t•rc l,ayments hereinaboae provided in Paragraphs A to J , both 1r,(-_l ,,-iv< of Se.- Tien 15 of this ordinance , any remaining + '�- , ;� 1 ► ' .� '.a:rF i ti-d may be applied to any other law- fl:l cl..,� B;,ar.d of Tr•.;stees may direct . 1 t•.ri.aL, ty of t i en Treat the bonds t;: ....r (I 3 t;_-i-Q i o , :, t.o :he payment of all necessary r� .,:,t :;:�h :.C- PYr:f:; s,= ::i: ;he operacz:,n and maintenance of <- nci ,ubi�:.t to paynte its rF ;uired by the n.-, ic,:S Nk)s �01 and % ! to be made into the 1-1.6 j --Yjc-r tSord i'und" and a "Reser,J,: tC• Cr.? ray:7.1F11C of the. Town_s. Water ant: dS, UatF.ta iJo:,embcr J , 1949 , constitute an : l vst- 'b 'L not. ?eccssari2 j7 all exclusively first-) derived from r*rc- oreratior• of said � ci SYSCI, M. ecra r 17 , Additional Bonds . A . Pa_,. t Y Lien Bonds . That nothing in this ordi- iiincia cooL.,i4,ned shall. be co.-istrued in such a manner as to prevent the by the Town of additional bonds or other ob!igat f:,rt; sayable from the income derived from the ..peraLi„n of the : :Dint system and constituting a lien upon said : ovpnues ,.n a rarity with, but not prior or superior L'e lien .,f trc bonds herein authorized , nor cc prevent the issuance r f bends or other obligations re:+Dnding all or • i part of the bonus t,crein authorized ; provided, however, that ti.e Tcw, is not_ in defziult as to any payments required to be Iaade ir. Paragraphs A to r or Section 15 of this ordi•- nance ; and provided farther, that before any stich additional A • 21 _ _,. ,• E. ,fY.'strxat ti;•i'y';ti y, ^_,• `i',iG•.�..,� Y 71 y Ft.'�,�`.. : ki 't ^^i)?-;'1r.sd4 let y t, # d 41 aj + i parity bonds or other parity obligations are authorized or actually issued, other than refunding bonds or other refund- ing obligations , the earnings derived from the operation of said joint system for each of the two fiscal years immediately preceding the date of the issuance of such additional parity obligations shall have been sufficient to pay the costs of operation and maintenance for each such, fiscal year, and, in addition , sufficient to pay an amount representing one hundred forty per centum ( 140%) of the maximum principal and interest requirements for a single ensuing fiscal year on the outstanding revenue bonds and other obligations of the Town payable from the revenues of the ,joint system and the ;.,,;,bonds or other obligations proposed to by issued. B- Certification of_Earni^gs A written certifi- cati.an by an independent Certified Fsblic Accountant that said earnings , when adiristed as hereinafter provided, are sufficient to fray said amcunt.s , shall be conclusively pre- sumed t-c be accurate in determining the right of the Town to authorize issx.iF , sell and deliver said additional bonds or ,.bci.gatio �s on a parity with the bonds herein authorized.. 4 Consideration of j.ncrease in Costs , In deter- i..:.iriK w er.her or not additional parity bonds or cther parity obii.gation may be issued as aforesaid, consideration k:l.al _ bt- gL -aer to a^f probdb: c increasc-• .;bat nct. reduct <<:n) � n !,jErx3t. l ::x:7 = "r.j !T•dl.' tr1`dn:E' e .<penSes rr:at• will resv: r_ from ti t. c-xpt-nd. t,irf ui 11-he funds proposed r.o b�- derived from t.1e issI-lance. °-►d sale of the said boa ds or ether obligations . G ^icr L.zen Bonds Nothing t- erein contained st,,, 11 be constroed so as to prevent the Town tram iss►ri»g 1 ,, 6s or obi i.gaticns payable from the :-ex:enues of the s-, ; ':em and 1 avin)? a lien thereon subordi»ate , i -fcricr and tc tl^ e . t.Hn of the bonds authorizea t 'l, btu Lsstied by tt-. i s oscii.y)ance E L-F-r, or_Lien Bonds Not Permissible Notlr; ng hr :��ic• c�n�a� nc-d shad l be con strlred sa as E:o �' E nTit. Li-,e Tcwn to issue b%nds E.- other obligar. i_.,,. .; } ay.,b: F• from tre revenues of the systctr, and having a li«n thereon l;ric.r and sriperior to the bonds heroin a ithorized tc. bt- iss _ec! F . Additional Bonds to Have Same Principal and Interest Payment Dates . Any additional. parity or subordinate bonds or cther parity or subordinate obligations issued in . compliance with the terms hereof shall bear interest payable semiann,jally on the first days of May and November in each year , except that the first coupon appertaining to any bond or other obligation may represent interest accruing for any period not in excess of one year ; and such obligations shall mature: on the first day of November in the years designated by the Board during the term of' said bonds or other obliga.- tions Sect•ioo IE . Ref•.inding' Bonds , That the provisions of Section 1: hereof arc- subject to thr- exception that if at any time after the bonds or crhF. obligations herein or hereafter authorized, or any part thereof , shall have been iss-.:ed , th.e Board stall find it desirable to refund said be%,)tI.s or Tither obligations, said bonds or other obligations , or nny Fart thereof , may be reiQnded (but only with the ccnsont of the 'nc;ider or holders thereof , unless the bonds ;r or-her obligations have mat•.ired, or are then callable for redemption . a-id nave been properly called) , without rho- priority of ,re lien for the payn. pnt of the �dA :,� ohligJLI ns 0- t:rF revers -s of tl:c• system, except A of Section 1 *7 hereof , provided, F-ooit :c- r. rt ,ac bends cr other obligations r e : ien of which �r. cr rye system is prior and superior to the le trciof_-- cf tr.e bonds herein authorized , including Ci-.& 1 yL.y b; ds . may be refunded as in this iz:ction provided .o,, c.i, issuaoct: ri- bonds or other obligations the lie: of on said is cn a parity with the; lien therecu c .e ponds herein ao�h,orized . The refunding bonds or so issued shall enjoy ccr,;rlete L- JUal i ty �+ lien tHiLK the ,...,rtion of said bonds or otter cbiigations which is nor rpi-; ~ded, if any there be :, and tKe holder or of . the r,� Lb--nding bonds or otbc-r -)bligations shall he to all cf the. rights and rrivilcrges enioyed by rho nol-der or holders ,i the bonds or orl-.hr obligations : ' l 3 VA TI I iV r !;' t z { is * t v refunded thereby. The refunding bonds or other obligations shall be issued, subject to the provisions of Paragraph F of Section 17 hereof, with such details as the Board may by ordinance provide ; provided, however, that if only a part of the outstanding bonds or other obligations is refunded, and if such bonds or other obligations are refunded in such manner that the interest rate thereof is increased or if any refunding obligation matures at an earlier date than the maturity date of the corresponding obligation refunded thereby, then such obligations may not be refunded without the consent of the holder or holders of the unrefunded portion of said obligations ; and that the refunding bonds or other obligations shall either be sold for cash at not less than the par value and accrued interest, and the pro- ceeds thereof shall be used to pay the obligations refunded, or if so permitted by law and then only with the consent of the holder or holders of the obligations refunded, the refunding obligations shall be delivered dollar for dollar in exchange for the bonds or other obligations refunded. Section 19 .. Equality of Bonds . That the bonds authorized to be issued hereunder and from time to time shall not be entitled to any priority one over L,�-.o other in the application of the revenues of the system, reg,ard) ess of the time or times of their issuance , it being the intention of the Board that there shall be no priority amnn�,, the bonds regardless of the fact that they may be -Issued and delivered at different times . Section 20 . Compulsory Sewer Connections . That the Boark-I4 has determined, and does hereby determine , that IL is ` or the best interest of the Town and the inhabitants the re,Df for bealth anti sanitary purposes that inhabited property be connected to the sewer facilities of the joint syst:t_:,,m- nod the Board hereby orders that the owners of inh;�bitcd property within the Town , any boundary of such propt- r-ty being within two hundred feet of a sewer service Iii-e- , shall. connect such property to the line without expense to the ne Town within sixty days from the date of pubiicaLion of this ordinance or if such a line is not then -.24- N i�J -.g available within sixty days from the date such a line is extended to within two hundred feet of a boundary line of the tract or parcel of land. The Town shall enforce and compel such connection in the case of a failure so to con- nect within the time herein prescribed by suit, action, or special proceedings in equity or at law; and the Town may prescribe rules and regulations to govern, regulate and enforce such connections, including but not limited to fixing penalties for the failure so to connect, and to entering into agreements with the State of New Mexico, or any public corporation or political subdivision thereof, or any agency or instrumentality there.*.-of, e.g. , the County of Taos or its health department, if any, necessary or desirable to effect the provisions hereof. Section 21 . Protective Covenants . That the Town hereby covenants and agrees with each and every holder of her eby bonds issued hereunder: A . Use of Bond Proceeds. That the Town, with the proceeds roceeds derived from the sale of the bonds herein authorized , wilt ilt proceed without delay to extend, enlarge and better the system, as hereinabove provided . B. Payment of Bonds Herein Authorized. That the Town will promptly pay the principal of and the interest on every bond issued hereunder and secured hereby at the place , on the dates and in the manner specified herein and in said bonds and in the coupons thereto appertaining according to the true intent and meaning hereof . Such principal and interest are payable solely from the net income to be derived from the operation of and the resultant rates and cb,jrges fc,r the use of , and the products and service rendered by, the system, and nothing in the bonds or coupons or in this ordinance shall be construed as obligating the Town to L'(7,iceir. any of said bonds , principal or interest , from anti the Folder or holders thereof may not look to, any general or other fund except the income which is so pledged under the provisions of this ordinance . C . Use Charges ., That while the bonds authorized herein or any of them remain outstanding and unpaid, the -25- V, �Yl U j r:T­w e 54 rates for all services rendered by the system to the Town and to its inhabitants and to all consumers within or,,fith- out the boundaries of said Town shall be reasonable and just, taking into account and consideration the cost and value of the system and the proper and necessary allowances for the depreciation thereof and the amounts necessary for the re- tirement of all bonds and other securities or obligations payable from the revenues of the system, the accruing in- terest thereon , and reserves therefor; and there shall be charged against all purchasers of service, including said Town , such rates and amounts as shall be adequate to meet the requirements of those and the preceding sections hereof, and which shall be sufficient to produce revenues or earnings annually to pay the annual operation and maintenance ex- penses , and both the principal of and interest on bonds and any other obligations payable annually from the revenues thereof , including the reserves therefor, all of which revenues , including those received from the Town , shall be subject to distribution to the payment of the cost of operating and maintaining the system and the payment of principal of and interest on all obligations payable from the revenues of the system, including reasonable reserves therefor , Insofar as practicable , all. users of water shall Lie metered. Before water or sewer services are made ,available to any new customer, an adequate deposit (to be determined by the Board of Trustees) shall be made. No free service , facilities nor commodities shall. be furnished by said system to anyone, including but not limited to the Town , r-hat should the Town elect to use for municipal pur- poses water supplied by, electrical energy furnished through , or the sewer facilities of , said system, or any combination Lhereof , or in any other manner use the system, or any part thereof, any use of the system by or of the services rendered Hereby ru the Town , or any department , board or agency thereof , will be paid for from the Town 's general fund or other available revenues at the reasonable value of the use so made , or -service , facility or commodity so rendered -, that all the income so Iderived from the Town shall be deemed to -26- ' .< .W'�TJ'-r�;4,` +4• 9t ft tkW3''; ` ftL, jai .'S.T (Ft n yt" ? r� ';? :<. �t'''�-'tva,�'"" ' r.^.•..+r p� y ,, t •1 ' :!,';' i + j'`''kr 't',� :1'i i..'krt 3� "-F' i t,r.`t S,iGw. t,:.` �y. :+ ex'. z.µ,{ t ', � ' ry ti,t:.�v'C ;a "5y t r '• >. be income derived from the operation of the system, to be used and accounted for in the same manner as any other income derived from the operation of the system. The charges so required to be made by the Town shall include a reasonable payment for fire hydrant service, which charge shall be not less than $8 .•00 per hydrant per month ($96 .00 per hydrant per year) ,, payable in equal monthly installments and beginning June 1 , 1961 . Said rental shall include all water needed by the Town for fire Protection , and water and sewer service needed by all Town offices , the street depart- ment , fire department , public parks and the To7alien ed swimming pool . The Town is granted by statute upon Each lot or parcel of land In the Tow* for the charges imposed hereunder for water and services supplied by the system to the owner thereof , rind the Town e:Kpressly covenants and agrees that it will cause each such lien to be perfected in accordance witit the provisions of Section 14-39-3 to Section 14-.39-•6 , New Mexico Statutes Annotated, 1953 Covpi l a t ion , as from time to time amended, and the. Town 7c,,enant-.s and agrees than it will take all steps necessary to on f c rce s%i!h. l :en as to each piece of prcperty the owner which shall ':)r: delinquent for more than six months in the ;';�ti►nc,T c of charges imposed he reunder- !;. i "_y_ of gt.ara�ts . That the Town will forth - vi r.h arJ iri any event prior to the delivery of any of the bonds ite re i r. '�tl:;�rized , fix , establish. and levy the ra ;:L s an-1 ch,jrges: wh' ch are required by Faragraph C of n 11 of t.l:is ordinance , if such action be necessary 11'.t."t+l0:* Ntw reduz.tion in any initial or (; v fisting rate fc,r tl:e s', .tem may be made unless, ';'he Town has fully coml: li-ed with the pro ►.' I,(. O.t ­ l) of this ordinance for -it least ripe f . sea i ~r. ,uaiately preceding such rnd'artio+l of c }:r i +t ] L1 :7 � : c;Ll: �i:::t'ti71e Tne audit required by the : r.tiopenden t % ;:tta-fir. by F,iras;raplh 1� of this Secti..'n i �f this nrdi 101 the full f : s i year imrnedi at.c i y 1•reti.eding such lt.'ULtC�. lvCi diSCL0:ir17 [Gait t11t3 ESt.lmc)ted, !-, '( .: 5 r('s'.Ilting t . FILMED DOCUMENTS ARE THE BEST AVAILABLE COPIES. ; �,�C.:t,t f '.,rt..V, r ..r H day µ 4 �::"'tr'ay.. ^'j_ i", ac t�.. a •a s w;.�x.. ..q�.�'� R : '�t'2 ,�?f;tf'�'��j"*''•��?°,y?•'kL � ,�F,"+1�3. 41f, t 1 .'�< i� Rtr< Z t •� A f M . ` t. ;'r " Y 'Fit_ y 9.X'j,F .r'i- t e .1 v� x" 2 ff ..... r;,�x R���.� :�!• �M 7 from the proposed rate schedule, after its proposed reduc- tion , will be sufficient to pay an amount at least equal to the annual cost for said period of operation and maintenance, and , in addition , one hundred fifty per centum (150%) of both the principal of and the interest on bonds and any other obligations paya"Ae annually from the revenues of the system, including reasonable reserves for all such bonds . E.. Efficient Operation , That the Town will operate said system so long as any of the bonds herein n,ithorize.d are outstanding, to maintain said system in efficient operating condition and to make such improvements, c:xt:ensions , enlargements . repairs and betterments thereto as may be necessary or advisable to ins',,re its economical and efficient operation at all times . F. Records . That so long as any of the bonds rtmain outstanding proper books of record and account will he kept by the rows separate and apart from all other records and acco!ints , sl-t:wing complete and correct; entries of all transac7ions :-elating to the system,. Such books si :i t l i.ni• 1 -jde .' b•.t not nFt7Pssarily be limited to) monthly 1 . The n .;i-,;b :r of Customers by classes . t ;'he re,-,en•ses received from charges by including but not necessarily Limited L,j ?,siti.•:: . t : c;n by rater facilities and sewer facilities _ A detailed statement of the expenses of to Inspect . That any holder of any of t h• ,.,ncis ,-ny �i;,l.y a ith.oriaed agent or agents of slic•h ► i- ;-haI It ha tht r ;g•r,t at all reasonable times to A ! se:_ords , a_,..c jnts and data reLating thereto and f l e, t st er•, er _l all properties comprising said ti t tam E; d t That the Town further agrees Lhat it wi l i , :�� tc,i;� sixty dais following the close of eact-, fiscal veiil' • cause all audi r of soch.. books and accounts to be made by an inclependent Certified Public Acco,_ir)tant , or an agent 2b - of the State Auditor of the State of New Mexico showing the receipts and disbursements for the account of the system, and that such audit will be available for inspection by any holder of any of the bonds. Each such audit, in addition to whatever matters may be thought proper by the accountant to be included therein , shal.l. include the following: 1 .• n statement in detail of the income and expenditures of the system for such fiscal year, and in detail of the `otal water consumption , including but not necessarily limited to domestic consumption , water used for fires and flushing mains , and water consumed or lost and unaccounted for, 'and total sewerage treatment by classes of customers . 2 A balance sheet as of the end of such fiscal year, including all funds created by the various ordinances and other proceedings authorizing the issuance of outstanding bonds and other obligations payable from the revenues of the system . 3. The accountant 's comment regarding the 111aT:;ier in which the Town has carried out the requirements 1�f tnis ordinance , and any other ordinance and other pro- c••. edings aut} crizing the issuance of outstanding bonds or :.:'er' c�hlil;�ttions payable from the revenues of the system, ono Oio accountant 's recommendation for any charge or im- ,�_��vr>n:rnL it L1:6 ,operation of the system, 4 . A list of the insurance policies in force , Lhc• 01)d rt 't.11e fiscal year, setting out as to each pc, ( icy Lh • air:ouilc of the policy, the risks covered, the n : n;c of Llze insurer and the expiration date of the pol i r:; 5 A recapitulation of each fund or account, a <1 nV tale var'Lous ordinances and other proceedings iss..iance of outstanding bonds and other payable from the revenues of the system , into tWIci arl put moneys derived from the opera ion of the or deri o d from the sale of the securities , Such anaiy6is to show tht;, balance in such fund at the beginning oi' Lhe riscal vear, Li•,e deposits and withdrawals during said year , and the ba i ance - at-. the end of said year. - 2y. i 6 . The number of metered water connections,' - (unmetered water connections , fire hydrant connections, tered sewer connections , and unmetered sewer connections �. at the beginning and at the end of the fiscal year. 7 � The number of customers per class of customers and revenues per class of customers , including but not necessarily limited to classification by water facilities and sewer facilities . A similar audit and report shall be prepared by Town employees immediately after the expiration of each six months of each fiscal year. All expenses incurred in the making of the audits and reports required by this section shall be regarded and paid as a maintenance and o.,peration expense . The Town agrees to furnish forthwith a copy of each of such audits and reports to the holder of any of the bonds at his request, and without request to Quinn & Co . , Albuquerque, New Mexico, i .e. , the purchaser of the bonds from the Town , and to The lirst National Bank of Denver , Denver , Colorado, i .e . , the above-named paying agent bank, or to any successor paying agent bank, after each :;uch audit and report has been prepared, and that any such �)(-tcarr shall leave the right to discuss with the accountant T person making the audit and report the contents thereof il."d to ask for ssch additional information as he may ;p,o�onabl.y require . The Town shall publish a sommary of such annual .audit at least once in a newspaper within Three months from the end of the fiscal year . Billing Procedure . That all bills for water , or facilities , sewer service or facilities , i :r a:;v COMbinilrion thereof. , furnished or served by or c,uV,h � ip system shall be rendered to customers on a 1:t2"GlarlV established day of each and every month either mcnthly in advance or in the month next succeeding Lhe month j� .M,,h ich the service was rendered and shall be due within tWV11t1,1 day_, from t:he date renderedy and in the event said bi 1l .,, r,re not paid within twenty days after the date when reti6ered, wat.er and water service shall he discontinued, and the rates and charges clue shall be collected in a lawful - 30- M�. � t f�.. ry' .r� � �! �} ..F F y� ,,F�}{ �y,.�e'A•St`F'•'�= i FY.f'�. � ''H a.�.L �' .� .� ..:� � � t +' ..'tJ,`i� ,-';'.4.. {'S '�� �"' °K i.t .c 't'•3k 1; "x �".�;}'r.=r 'fai �' yi .F .i'Z�t'L.S ��.��l l:..t� 4 .iy f. �f.<J� '��•-�: 4 �' `.{ v`1 �t 1� 1L t„ } �<r � Ny j..`x. r Y ems, [�' •� 4� �x � �.};��p �,, ' � �•�?• cif .t-lr?'`� at. •l�e;,�d; .F�t' ,, .1 �, sir •��`� �,F., ir,. "�r �r;�#rFti�^'�.��`.;;,ej, b 1� a" 'L�g7'T},=,^,��=a�y'?:eS",++`�`�a,y"'��i�. '' {t''�f��„ .l i;,,; . = t y'''t .J' �C E .t i '•,�S t `k - -•� fli.l� r� � '4 �.r t �4. { y t'�}} }� `t;•`Y�L ,J i.. •.r �i 'TT f}.�4 k V ft �'4P � G'Y t t. Y manner. Water charges and sewer charges may be billed jointly with each other or separately; and each such joint bill shall �; show separately water and sewer charges . If said monthly total bill is not paid by the designated settlement date, the water service to the customer will be discontinued. Said service will not be started until said total bill and a service charge of $5 .00 (for the reconnection) have been paid in full , J. Use of 1961 Bond and Reserve Funds. That the 1961 Bond Fund and the 1961 Reserve Fund, shall be used solely and only, and said funds are hereby pledged, for the purpose of paying the interest on and the principal of the bonds herein authorized, except for those moneys in the 1961 Bond Fund and in the 1961 Reserve Fund as are in excess of the interest on and principal of said bonds , both accrued and not accrued, to their respective maturities . K. Charges and Liens Upon System, That from the revenues of the system the Town will pay all taxes and assessments or other mrnicipal or governmental charges , if any , lawfully levied, assessed upon or in respect to said system , or any part thereof , when the same shall become due , :ind it will duly observe and comply with all valid require- ments of any municipal or governmental authority relative rc; any part of said system;, and the Town will not create fr-r r.c. be created any lien or charge upon. said system ,3r the rejen�,c- s therefrom except as permitted by this ol*dinance , or it wi l 1 make adequate provision to satisfy and disc harF;E within sixty days after the same shall accrue , 11 i.iwl ul c i.iir s and demands for labor, materials , supplies c.'r n0lor obj ..-cts , which_ if unpaid, might by law becomt a ipon said' system or upon the revenues therefrom; pr.o- v� i - .dr•, , '. r,at nothing herein shall require the Town l + �� or caiise be discharged, or make provision. for `,,jcY! t a-� nssv.ssmont . lion or charge before the t_imE when payriert: ther,3uf sfka t l be due or so long as the val ldi ty thereof sl al ' bF- cc,utEsted in good Eaith by appropriate Leg,] i procc_'edi Iles • • 31 ;.ram :� t3 r .Y, y1' s ..e S .fYtt,a dif 7. r �`�f44.'�.`#.�d'�i t:i t' fr+C+o gP °+ e t b t p.fvi1+ F W Ny iW a >r h •.{. o-i;R�+ . J "Ts .�,�. .3 ti5:1C:; r 3. Ir:}' KS..'; • '.'' ;'rx:•j, y. ,fi w 31 1 t •tr. 'Rr `. r r: :. - _x.,•s p? L s'� )♦t .s. 1 '`"� ,; 7jt. ,1C ! ,,y 4. ra�'r itx}. ttr`N•. Y r r J.. .r' '?k,{,xa $;i 1 �ps.a; t.� A:f j r,,,,,{{ �,,�tn jja. tyi.kF A13,. ��PP t r ri t .Y 7 3 •lc. .i& "2'A..`d:. R J; WaS' f kt` t .Y•xr'i': :tk".,6.1 st'��.�d3 n Op L. Insurance . That the Town in its operation of the system will carry fire and extended coverage insurance, workmen 's compensation insurance and public liability in- surance and other types of insurance in such amounts and to such extent as is normally carried by private corporations operating public utilities of the same type . The cost of such insurance shall be considered one of the operating costs of the system. In the event of property loss or damage , insurance proceeds shall be used first for the purpose of restoring or replacing the property lost or damaged, any remainder shall be treated as net income , and shall be subject to distribution in the manner provided hereinabove in Section 15 hereof, for net income and revenues derived from the operation of the system.. M. Competing System. That as long as any of the bonds hereby authorized are outstanding, the Town shall not grant any franchise or license to a competing system, nor shall it permit during said period (except as it may legally be required to do so) any person , association , firm or corporation to sell water, water service or facilities , or Ft-•wer service or facilities , to any consumer, public or private , within the Town . N . Alienating System.. That the Town will not sell , lease , mortgage , pledge , or otherwise encumber, or in any :Wanner dispose of, or otherwise alienate, the system, or any part thereof, including any and all extensions and add-I t i.ons that may be made thereto, until all the bonds _ rein authorized to be issued shall have been paid in full , both principal and interest , or unless provision has been matte 'k herefer , except that the Town may sell any portion of paid property which shall have been replaced by other prop- erty of at least equal value , or which shall cease to be necessary for the efficient operation of the system, but in no manner nor to such extent as might prejudice the security for the payment of the bonds herein authorized, provided, however, that in the event of any sale as aforesaid, the pro- ceeds of such sale shall be distributed as net income of the system in accordance with the provisions of Section 15 hereof . -32- 1P 0. Extending Interest Payments . That in order to prevent any accumulation of coupons or claims for interest after maturity the Town will not directly or indirectly, extend or assent to the extension of the time for the payment of any coupon or claim for interest on any of the: bonds issued hereunder and it. will not directly or indirectly be a party to or approve any arrangement for any such extension or for the purpose of keeping alive any of said coupons ; and in case the time for payment of any such coupons shall be extended , such coupon or installment or installments of incerest after s,;ch extension or arrangement shall not be r:ntitled in case of default hereunder to the benefit or security of this ordinance except subject to the prior payment in f.:: 1 of the principal of all bonds issued here- und,?r and then ot:t standing, and of matured interest on such oonc?s the payment cf which has not been extended. • P . Surety Bonds , That each municipal official Or other person having c!istody of any funds derived from cep ura tik.-n of O.e s;stem, or responsible for their handling, he bonded in an amount at least equal to the total _ in t:-s custody at any one time , which bond shall be ••c:i ; a ont-d Laj.og the proper application of said funds . The ;:c d shall be considered -e of the j•, � , t.i are 1-11C systr.m . ` Mana emery t . That- tree. Town shall .t- r: t-n,ed end qu a l if:.ed manager Ear the join t :,a ���. � :. 14�• �Lc:: :;h,, : 1 he under the direct control c:i. . �:•�;� sl �:.E' a: Yec: tly to said Board of Trustees . Tt:e :. , I •+ r:atl:,ger �;hal i be confined tc, ti:P. etficienr. , ;"f Lhe sysLern and to t�.e admin i 5tr, I'l1C i. . �:�:� . *Is:; The City Clor.: shall be liable o r ,i,;?. ,t:: •, :::,n;�-rn1ng th& ; cint sys.F;.m , ,nciudind 1 rtt ; '1 . Iax, :3 Ccci:-`ds' all billings anl� cnllocLlcrs `r r.,,ae•.•5 ., :, f,�:cc,r :: :;t ct rates for service ;cstablisheu a[,�i _ cntrolled b}• c}.e 1i.-,ard or 'Trustees), enforcement of all b011d COVc 13nL- s �: :d rho purchase of materials and supplies neede.J for tr:e off : cie r,t operation of thr. system , upon receij�;: o£ a 1.urc1-.as,:, order from the afcresai .-i Manager . In - 33- �r the event of default on the part of the Town in paying principal of or interest on said bonds promptly as each falls due , or in the keeping of any covenants herein con- tained , and if such default shall continue for a period of sixty days , or if the net revenues of the system in any fiscal year should fail to equal at least the amount of the principal of and interest on the revenue bonds and other obligations (including all reserves therefor specified in the authorizing proceedings , including but not limited to this ordinance) payable from said net revenues in that fiscal year, the Town shall retain a firm of competent m.3nagemen t engineers skilled in the operation of water and sewer systems to assist the management of the system so long as such default continues or the net revenues are less than the amount hereinabove designated. R. Performing Duties . That the Town will faith- fully and punctually perform all duties with respect to the ,s system required by the Constitution and laws of the State of New Mexico and the ordinances and resolutions of the T,,Wrl , including but not limited to the making and collecting �f Y-ea sonable and sufficient rates and charges for services rendered or furnished by the system as hcreinbefore pro- vided , and the proper segregation of the revenues of the < < ern anti their application to the respective funds . b Other Liens . That other than as provided by ordinance , there are no liens or encumbrances of any nIture , w!•,atsuever, on or against said system or the ;�i s . ,_ri.ved or to be derived from the operation of the T. To Y.istence . That the Town will maintain 5 corporate i �, nti Cy .and existence so .long as any of the he•t�J� hf.rc:in a Litt' crized remain outstanding. Ca !etion Bonds . That in order to insure of the Project . and to protect the holder or- ;folders of the bonds , the Town will require that the c:cntract.cr tc whom is given any contract for cons tru•:tion to the Project to supply a completion bond or ;pond! satisfactory to the Town , and that any sum or sums -34 - J., derived from said completion bond or bonds shall be used within six months after such receipt for the completion of said construction , and if not so used within such period, shall be placed in and be subject to the provisions of the Income Fund provided for herein . Section 22 .. Events of Default. That each of the following events is hereby declared an "event of default, that is to say,: A. Payment of the principal of any of the bonds herein authorized to be issued shall not be made when the same shall become due and payable, either ac maturity, or by proceedings for prior redemption, or otherwise . B. Payment of any installment of interest shall not be made when the same becomes due and payable or within thirty days thereafter . C . The Town shall for any reason be rendered incapable of fulfilling its obligations hereunder. D. The Town shall make default in the due and punctual performance of its covenants or conditions , agree- ments and provisions contained in the bonds or in this ordi- oance on its part: to be performed, and if such default 'ihall cortin-le for sixty days after written notice specify- 1 -Z SUCF default arc] requiring the same to be remedied shall have been given to the Town by the holders of twenty- ti ,�c per cent: in principal ncipal amount of the bonds then out- s tandi ng Section 23 . Remedies for Defaults . That urin the h,;ppening and continuance of any of the events of default: as Faro vitle(I to Section 22 of this ordinance. , then and in evr.-ry case L1,e holder or holders of not less than twent%­ j' i - ; finer centv--. in principal amount of the bonds then out- -Lnciiuding but not Limited to a trustee or trustees !'.1ijill p.rc:ceed against the Town , its governing body , AIIii it ;; agerts , officers and employees to protect and enforce the rights (,.I ;illy holder of bonds or coupons under tEis or. dinance t--y ifi,indai.-ms cr other suit , action or special pro- cC(a(Avgs in equi. t.y or, at Idw, in any court of compet*:ent- i -.ir.isdiction , either f�,r the appointment of a receiver or -35- for the specific performance of any covenant or agreement contained herein or it an award of execution of any power herein granted for the enforcement of any power, legal or equitable remedy as such holder or holders may deem most effectual to protest and enforce the rights aforesaid, or thereby to enjoin any act or th.ir.g which may be unlawful or in violation of any right of any bondholder, or to require the governing body of the Town to act as if it were the trustee of an expressed trust , or any combination of such remedies . All such proceedings at law or in equity shall be instituted, had and Maintained for the equal benefit of all holders of the bonds and co.ipons then outstanding. Any rocciver appc,in- ted in any proceedings to protect the rights of such holders here•.tr.der , the consent to any such appoint- being hereby expressly granted, may enter and take possession of the system,, operate and maintain the same , prescribe rates , fees or, charges and collect , receive and apply all revenues arising after the appointment of such receiver in the same manner as the Town itself might do . V.%e failure of any such holder so to proceed shall not :71?1 evc. t:lie T,,-wn or ar,y of its officers , agents or employees a,.nv liability fcr fail:jre to perform any duty. Each .:r privile-gE of 3nv such holder (or trustee thereof) is to any other right or privilege , ,! c- Fsorcisc. c : ally right or privilege by or on behalf A. :►o� i�,; ld�:r sea :. i net be deemed a waiver of any other tiFc .- 1 .",^ Duties ';p;;n Defaults . Thar upon the y c',t ten e rents of default as pro:iided in :r 22 vi .:r:l.s ordinance , r.Le Town in addition , will do r��< r acts o-� behalf Of ar�d for the hcltiers .� �,•. T c1s, .3:,(1 t,) rrotect and preserve the security c :.'..e ; ..yn'.0`1r. f their bonds and cOUAGns and to p5yIr,enc cf the principe 't of and interest on said ;it7 itl �::. ..•ilt� t .;Y oS r,KE 0riu-.e become due . All proceeds do ri ved L".c.*P f ic,m , yo 1 olig aS any of the bonds herein atlthorized, =,s to pri::cl.pa'_ or i:nt-rrest , arc outstanding and shall lac. paid i-- i o t'r.e 19' 9 Bond Fi.1^d , if a-ny 1919 3 E, i 7t Y 1 I' ..:).` 5 r+'4.'t'.1. .f.. ....V .r..C �+Y7,.y+t1';v4.?. •� x'j,.V.g j x. t i `S 'r� y ; '5,. '+•' �t,: � ti f z Ir i �'' .Ct'� A 1 i i,i��f .�.�x:f r +.F'13 S a�J�`y fis I.. bor,ds be outstanding, or if not, then into the 1961 Bond Fund, or in the event of bonds hereafter issued and out- standing during said period of time on a parity with the bonds herein authorized, into such bond funds on an equitable and prorated basis, and used for the purposes therein pro- vided . In the event the Town fails or refuses to proceed as in this section provided, the holder or holders of not less than twenty-five per cent in principal amount of the bonds then outstanding, after demand in writing, may pro- ceed to protect and enforce the rights of the bondholders as he reinabove provided. Section 25 . Prior Charge Upon Lower Rates . That if it should be legally determined that any legislative or other body, commission or authority has power lawfully to prescribe a lower schedule of rates than that contemplated by this or other ordinances , and if such lower rate shall be prescribed, then the payment of interest on and the principal of said bonds , issued pursuant to the provisions of this ordinance , shall constitute a first and prior charge on the revenues received from said system, together with the bonds and other obligations the lien or liens of which is or are on a parity on such revenues with the lien there- on of the bonds herein authorized, subject to any right of any holder of any of the outstanding 1949 bonds , anything i.v this ordinance- contained to the contrary notwithstanding. Section 26 Delegated Powers . That the officers of the Town be , and they hereby are authorized and directed co rake ail action necessary or appropriate to effectuate t.hu provisions of this ordinance , including, without limiting t ho gene ra 1 i ty of the foregoing: A . The printing of said bonds ; B . The execution of such certificates as may be reasonably required by the purchasers thereof relating , inter a l i 1'i , tL, the signing of the bonds , the tenure and identity of the mov icipal officials , delivery of the bonds and the re.uei.pt of the bond purchase price and the absence of li.ti- .,aLiun , pending or threatened , affecting the validity thereof. 37 - Section 27 . Amendment of Ordinance . A. Consent Needed. That this ordinance may be amended or supplemented by the Board in accordance with the laws of the. State of New Mexico, without receipt by the Town of any additional consideration , but with the written consent of the holders of three-fourths of the bonds authorized by this ordinance and outstanding at the time of the adop- tion of such amendatory or supplemental ordinance (not in- cluding in any case any bonds which may then be held or owned for the account of the Town, but including such refunding bcnds as may be issued for the purpose of refund- ing bonds TIC,V owned by the Town) ; provided, however, tha L nr, such ordinance shall have the effect of permitting: 1 . An extension of the maturity of any bond authorized by this ordinance ; or 2 . A reduction in the principal amount of ' rMV bond, the rare of interest thereon , or the redemption Premium payable thereon , or 3 . Vrie creation of a lien upon or a pledge of reve��ues ranking prior to the lien or pledge created by ,1•,is urd-inancF , or reduction of theprincipal amount of :,.,rds renu: rr.d for ccnsent to such amendatory or supplement.-11 The esr.ablishment of prioricies as between :+s i:,suetl a��i✓ c-u 5;:anding under the provisions of this or o ' F;e modification of or :anything affecting _f t:t l.,oiders of lass than all of the bonds , �,. tro_,::ent Bir,clin� on Successor Rolder' s of A,inds 1 rr,,.• hcitl,�:r> c•L a; lt:asL seventy-give r.er centum (757.) in of,;,ount of the bonds outstanding as in : r:c•d , at the time of the adoption of such or the predecessors In title of such }_ ',e c oi-isented to and appr:.ved the -,&,ption C.f: rL•ln ::iC_,vided , no holder of any bond whott:C:r Gr t.-OL i:uch holder shall have consented to or shah have revoked any consent as in this section provide(l, shall have any right or interest to object to the adoption of such amendatory ordinance or to object to any of the terms or provisions therein contained or to the operation thereof or to enjoin or restrain the Town from taking any action pursuant to the provisions thereof„ C . Consent Irrevocable for Six Months . Any consent given by the holder of a bond pursuant to the pro- visions of this section shall be irrevocable for a period of six months from the date of the publication of the notice above provided for and shall be conclusive and binding upon all future holders of the same bond during such period. Such consent may be revoked at any time after six months from the date of the publication of such notice by the holder who gave such consent or by a successor in title by filing notice of such revocation with the Clerk, but such revocation shall not be effective if the holders of seventy- five- per centum ( 75%) in aggregate principal amount of the hands outstandirg as in this section defined have , prior !:c) the attenipted re •:ucation , consented to and approved the amendatory ordinance referred to in such revocation ,. 1) . Proof of Consent . The fact and date of the -Xecution of a- instrument under the pro°•risions of this 5r� l:itr; m.ay be (.,roved by the certificate of any officer in all', oi. sdictic,..' wbc-, by the laws thereof is authorized tc. tak.r cf deeds within such jurisdiction , ti••,; t C►, : ;)erson .i.gn ng s-ich instrument acknowledged before him t.hcreuf ,, or may be proved by an affidavit c;i to such execution sworn to before such officer F . Fro.•f of Ownership of Bonds . The amount a!=,! c.t L-he bonds h.el.d by any person executing such Lr.s . •.•.in;f.r: C and t-hc• date of his holding the same may be i;y a .E ; i executed by a responsible bank or L. :-us:. cLwpany st:c,winl; that on the date therein mentioned ti-ac}; per. scn had -,r deposit with such bank or trust company coil boi,ds describe :.( in such certificate Section 28 . Ordinance IrrEIL alable That after any of the bonds herein ait.horized are: iss•.jed, this ordinance _ -.39- FILMED DOCUMENTS ARE THE BEST AVAILABLE COPIES. shall be and remain irrepealable until the bonds and the interest thereon shall be fully paid, cancelled, and dis- charged, as herein provided. Section 29 ., Severability Clause . That if any section , paragraph, clause or provision of this ordinance shall for any reason be held to be invalid or unenforceable , the invalidity or unenforceability of such section , paragraph, clause or provision shall not affect, sny of the remaining provisions of this ordinance ., Section 30 Repealer Clause , That all by-laws , orders , resolutions and ordinances , or parts thereof, in- . consistent herewith are hereby repealed to the extent only of such inconsistency, This repealer shall not be construed to revive any by-law, order, resolution or ordinance, or part: thereof, heretofore repealed. Section 31 , Emergency Clause. and Effective Date . ThAL this ordinance is necessary for the preservation of the public health , peace and safety of the inhabitants of _ the Town , and that by reason of the fact that extensions , enlargements and betterments to tlie: system are immediately ronuired. dhis ordnance is hereby declared to be an t�_a)ergency measure on the ground of urgent public need, and , - �•rt: fora , immediately upon its adoption by at least a + s 1 cix t y of a ! I cif the f-,-il ly authorized members of the �nr ire Board and upon: its, final passage this ordinance shaI1 hc_ rozorded in the bock of ordinances of the Town kvr.•t- f-or that. purpose, authenticated by the signatures of Mayor and 'town Cierk., and shall be published in the a newspaper published and of circulation in the Town of Taos., in accordance with Rild sai-d ordinance shall be in full force and effect c?ays ��fter s,-,ch, publicaLion . PA.SSF.D ADCPTE.D. SIGNED AND APPROVED this Of July Mayor at,( r c Town'-Clerk _ 0 ORDINANCE NO. 510 AN ORDINANCE PROVIDING FOR THE EXTENSION, ENLARGEMEVT AND BETTERMENT OF THE JOINT WATER s AND SEWER SYSTEM OF THE TOWN OF TAOS, AT A TOTAL COST OF NOT EXCEEDING $1559000.00 (EXCLUDING ANY SUCH COST DEFRAYED BY SOURCES OTHER THAN REVENUE BOND PROCEEDS) ; DECLARING THE NECESSITY FOR MAKING AND ISSUING SECOND LIEN JOINT WATER AND SEWER � • REVENUE BONDS PAYABLE SOLELY OUT OF THE NET INCOME TO BE DERIVED FROM THE OPERATION OF SUCH MUNICIPAL UTILITY ; AUTHORIZING THE ISSUANCE AND SALE OF SUCH REVENUE BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF $155 ,000.00 ; PROVIDING THE FORM, TERMS AND CONDI- TIONS OF SUCH BONDS , THE MANNER OF EXECUTION THERE- OF , THE METHOD OF PAYING SUCH AND THE SECURITY THEREFOR; PROVIDING FOR THE DISPOSITION OF THE IN- COME DERIVED FROM THE OPERATION OF SAID JOINT SYSTEM; RATIFYING ACTION PREVIOUSLY TAKEN CONCERN- ING SAID JOINT SYSTEM AND SAID BONDS; REPEALING ALL ORDINANCES IN CONFLICT. HEREWITH; AND DECLARING' AN F.MU RG E;NCY . WH ER.E4S , the Town of Taos 'herein sometimes merely ' designated as the "Town ") , in the County of Taos and State of New Mexico, is a legally and regularly created, organized and existing municipal corporation under the laws of the State of New Mexico, its full corporate name being "Town of Taos) " and has existed as such since the 7th day of igy , 1934; and WHEREAS, the Town does now own and operate a joint water and sewer system, being a single operation (and herein- after referred to as the "joint system" or "system") ; and WHEREAS, the interest of the Town and of the inhabitants thereof , and the public interest and necessity, demand the extension, enlargement and betterment of the joint water and sewer system, such undertaking being herein ' sometimes merely designated as the "Project"; and i -2- WHEREAS , the Town ( then operating as a l:'illage) , pursuant to Ordinance No. 201, adopted and approved on the 2nd day of December, 1949 , as amended by Ordinance No. fl7 passed, adopted, signed and approved on the 5th day of , JuIX 1961 , has issued its Village of Taos, New Mexico, Water and Sewer Revenue Bonds .. Series November 1, 1949 , sometimes herein referred to as the 1949 Bonds , in the aggregate principal amount of $3.30 ,G00.00 , maturing serially in regular numerical order on the first day of November in each of the years 1952 to 1979 , both inclusive; bonds maturing in the years 1952 through 1957 bearing interest l at the rate of four and one-frurth per centum (4-1/4%) per annumy and bonds maturing in the years 1958 through 1979 , bearing interest at, the rate of four per centum (4%) per annum, payable May 1, 1950, and semiannually thereafter on the first days of November and May in each year, of which Issue there are outstanding and unpaid bonds numbered 62 co 3,V_, both inclusive , in the aggregate principal amount i $ 269,000.00 a n d Wr'EREAS , Section 10 of said Ordinance No. 201, as amended by said Ordinance No , J17 provides as follc-ws "Se,:! ;.or 10 . That noching In this ordinance onto fined shall be construed in such a manner as t,. prevent. me issuance by the Town of additional bonds cY Other obligations payable f-. C;m the income derived from the operation of the said wate..r and sewer systFT and constituting a lien upon said re,,enues junLzr to, but not prior or superior to or on a parity with, the lien of the bonds herein i aurf,orized nor to prevent the issuance of bonds or ether obligations refunding all or a part of the bonds rc-rcin a-athorized. provided, however, that the Toa-., is not in default as to payments require6 s:e be mdde i 7 Section 7 of this ordinance , " and WHEREAS, the Town is not in deia,ilc as to the pay- ments reauir �d tj be made in Section 7 _f said Ordinance coo• '1U1 ; and „ WHEREAS, the revenues of the joint system for the year preceding the issuance of the bonds authorized by this ordinance have been adequate to pay the requisite amounts specified in said Section 7 of said Ordinance No. 201 and the principal and interest requirements of the bonds authorized by this ordinance ; and WHEREAS , the bonds herein authorized in the amount of $155,000.00 shall be junior.- to said bonds dated November 1 , 1949 ; and WHEREAS, the Town of Taos has never pledged or in any way hypothecated the revenues derived from the operation of the joint system to the payment of any bonds or for any purpose , other than those indicated in said Ordi- nances Nos. 201 and 517 , with the result that the amount derived from the operation of said joint system may now be pledged lawfully and irrevocably for the redemption of the bonds herein authorized, subject only to those pledges designated in said Ordinances Nos. 201 and _,517—r and WHEREAS , in order to provide funds with which to defray the cost of acquiring the Project, the Town proposes to issue the revenue bonds of the Town, payable as to principal and interest solely out of the net income to be derived from the op,.!ration of such joint system; and WHEREAS, in order to authorize the making and i.s!�uance of its joint water and sewer revenue bonds , and in order to pledge the net income to be derived from the operation of said joint system to the payment of said bonds , and in order to comply with Sections 14-39-8 to 14-39- 13, both inclusive , New Mexico Statutes Annotated, 1953 , and all laws amendatory thereof and supplemental thereto, it is necessary that an ordinance be adopted by the affirmative vote of three-fourths of all. the members of the entire Board ;. of Trustees of said Town declaring the necessity thereof . NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF TAOS, NEW MEXICO: Section 1 . Ratification . That all action (not inconsistent with the provisions of this ordinance) hereto- fore taken by the Board of Trustees of said Town of Taos, 1 and the officers thereof, directed toward the extension, enlargement and betterment of the joint water and sewer system, and toward the issuance of the Town' s joint water and sewer revenue bonds, be, and the same hereby is, ratified, approved and confirmed, including, without limit- ing the generality of the foregoing, the sale of said bonds in the aggregate principal amount of $155,000.00 to Quinn 6 Co. , Albuquer4ue, New Mexico, and associates , for the prin - cipal amount thereof and accrued interest thereon to the date of delivery, said bonds bearing interest as hereinafter provided. Section 2. Authorization of B,Ltterments . That the Town' s joint water and sewer system shall be, and the same is hereby ordered to be extended, enlarged and bettered at a total cost of not exceeding $155,000.00, excluding any such cost defrayed or to be defrayed with moneys derived from any source other than revenue bond proceeds ; the same is hereby authorized ; and the necessity thereof is hereby so declared. y Section 3. Authorization of Bonds. That for the purpose of protecting the public health, conserving the property and advancing the general welfare of the citizens of the Town, and for the purpose of defraying the cost of such Project , it is hereby declared necessary that the Town make and issue, pursuant to the provisions of Chapter 1/-, , Article 39, New Mexice Statutes Annotated, 1953, and all other acts amendatory thereof or supplemental thereto, its bonds designated "Town of Taos , New Mexico, Joint Water and Sewer Revenue Bonds , Series July 15, 1961 ," payable both As to principal and interest solely out of the aet income derived from the operation of the joint system, such "rrt income" herein defined as being the gross income aft.rr deduction only for the necessary' and reasonable expanses of operating and maintaining such joint system, and the Town pledges irrevocably, but not necessarily exclusive:.y, such net income to the payment of such bonds and tha, interEst thereon (subject to the payments required by the. aforesaid Ordinance No. 201 , as amended by the: aforesaid Ordinance No. the proceeds th-iroof to be used solely for the v,,r- +. )L acquiring iLE :'r 1hCL . i Section 4. Bond Derails . That said bonds shall be issued in the aggregate principal amount of $155,000.00, shall be dated as of the fifteenth day of July, 1961, shall ccasist of 155 bonds, in the denomination of $1,000.00 each, n u:.oered consecutively from 1 to 155, inclusive, shall bear interest from date to maturity at the rate of five per ccmtum per annum (5%) , *as evidenced by coupons designated ".A, " attached to said bonds and shall boar additional interest at the rate of one per centum (1%) per ann= from dste to the first day of May, 1971, as evidenced by a second set of coupons designated "B" and attached to said bonds, all interest being payable May 1, 1962, and semiannually thereafter on the first days of November and Ilay in each year, as evidenced by interest coupons attached to said bonds, and mature serially on the first day of November in each year, the bond numbers, amounts maturing and years of maturity all being as follows: Bond Numbers Amounts Years (All Inclusive) t?siturinp. mat,! -ing 1 - 20 $20,000.00 1980 21 - 40 209000.00 1981 41 - 60 20,000.00 1952 61 - 80 20,000 .00 1983 81 - 100 209000.00 1984 101 - 120 20,000 .00 1985 121 - 140 20,000.00 1986 141 - 155 159000.00 1987 In the event any of said bonds shall not be paid at maturity upon presentation, it shall thereafter continue to draw interest at the same rate specified therefor hareinabove. Both principal and interest shall be payable in lawful money of the United States of America, without deduction for exchange or collection charges, at The First National Bank of Denver, Denver, Colorado. Secfian 5. Prior Redemption. All bonds (i.e. , 1 through 155) are subject to prior redemption in inverse numerical order at the option of the Town of Taos, on the first day of May, 1971, or on any interest payment date thereafter, at a price equal to the principal amount thereof with accrued interest to the redemption date and a premium I I -6r 1 of four and one-half per cen tum (4-1/2%) of the principal amount thereof. Notice of redemption shall be given by the Treasurer of the Town of Taos, in the name of the Town , by publication of such notice at least once, not mole than sixty nor less than thirty days prior to the redemption date, in a newspaper of general circulation in the Town of Taos, and a copy of such notice shall be sent by registered mail at least thirty days prior to the redemption date to the original purchasers of the bonds, the said Quinn & Co. , Albuquerque, New Mexico, and the aforenamed paying agent, The First National Bank of Denver, Denver, Colorado. Such notice shall specify the number or numbers of the bonds to be so redeemed (if less than all are to be redeemed) and the date fixed for redemption, and shall further state that on such redemption slate there will become and be due and payable upon each bond so to be redeemed at The First National Bank of Denver, Denver, Colorado, the principal amount thereof with accrued interest to the redemption date, together with the stipulated premium, and that from and after such date interest will cease to accrue. Notice having beett given in the manner hereinbefore provided, the bond or bonds so called for redemption shall become due and payable on the redemption date so designated, and upon presentation thereof at said bank, together with all appurtenant coupons maturing subsequent to the redemption date, the Town of Taos will so pay the bond or bonds so called for redemption . Section 6. Negotiability. That, subject to the payment provisions specifically made, or necessarily implied herein, the revenue bonds hereby authorized, shall be payable to bearer, fully negotiable, and shall have all the qualities of negotiable coupon paper, and the holder or holders there- of shall possess all rights enjoyed by the holdere of negotiable instruments under the provisions of the Negotiable Iu s trumen t s Low. Section 7 . Execution. Said bonds shall be signed by the Mayor in the name of tha Town of Taos and attested by the Town Clerk, with the seal of the Town affixed thereto, and the interest coupons thereto attached shall be also -7- payable to bearer and shall be authe.•.iticated by the facsimile signatures of the officers as they -,ppear on said bonds , which officers by the execution of said bonds shall. adopt as and for their signatures the facsimiles thereof appearing on said coupons . Said bonds and coupons bearing the signatures of the officers in office at the time gat the signing there- of shall be the valid and binding obligations of the Town of Taos , notwithstanding that before the delivery thereof and payment therefor, any and all or rh,e persons whore signatures appear thereen shall hawe ceased to fill their respective offices . Sect.i3r, g Soorce of Favment: All of said bonds .. together with rh.P. intexest accruing thereor, shall be pay- able and col lect ib i e so1F•l y c,st of the n,7-t income to be ierived from the operation of the join;' water and sewer system, the income' of which is so pledged, the holder or holders thereof ray not look to any general cr other Band fog - the payment cf principal and interest, on such obliga- ti :.)ns , cxcrpc the designated special funds t.:iedgFd therefor ::11d such bonds shall not constitute an irdebt.edve-ss nor f:.t wi thLn r„t•rni.ng, of ony conscito:ional oz sratutcry imtracicr . nor shall :'r,ey be considered o: bc, eerie al bl igat inns of rile- Tz,u— Sec: : 3,� Bond and Coupon i arm :r.at said bonJAs . : lyand rh(.. c.),ipers thereto attached shall bE t C. 1.01 lowing f [�xm I l (Form of Bond) UNITED STATES OF AMERICA STATE OF NEW MEXICO COUNTY OF TAOS TOWN OF TAOS JOINT WATER AND SEWER REVENUE BOND SERIES JULY 15, 1961 "0. $1100m0 The Town of Taos, in the County of Taos and State of New Mexico, for value received, hereby promises to pay, upon presentation and surrender of this bond, to the bearer hereof, solely from the special funds provided therefor, as hereinafter set forth, on the first day of November, 19_, the principal sum of ONE THOUSAND DOLLARS and to pay solely from said special funds interest thereon at the rate of five per centum (5%) per annum, evidenced from a� Y., date to maturity by one set of coupons designated "A" (plus additional interest at the rate of one per centum (1%) per annum from date to the first day of May, 1971, evidenced by a second set of coupons designated "B, " which are pre- for payment separately and apart from other coupons) , all interest being payable on the first day of May, 1962 , and semiannually thereafter on the first days of November and May in each year, upon presentation and surrender of the annexed coupons as they severally become due. If upon presentation at maturity, payment of this bond is not made as herein provided, interest shall continue at the same rite until the principal hereof is paid in full. Both principal and interest are payable in lawful money of the United States of America, without deduction for exchange or t collection cherges at The First National Bank of Denver, Denver, Colorado. This bond does not constitute an indebtedness of the Town of Taos within the meaning of any constitutional or statutory provision or limitation, shall not be con- sidered or held to be a general obligation of the Town, _9. and is payable and collectible solely from the net revenues (i .e . , gross revenues less reasonable operation and main- tenance expenses) derived from the operations of the muni- cipal joint water and sewer system, the income of which is so pledged; and the holder hereof may not look to any generc or other fund for the payment of the principal of and in- terest on this obligation except the special funds pledged therefor. . Payment of the bonds of the series of which this is one and the interest thereon shall be made solely from, and as security for such payment there are pledged, pursuant to Ordinance No. 518 , adopted and approved the 5th day of MY , 1961 , two special funds identified as the "Town of Taos Joint Water and Sewer Revenue Bonds , Series July 15 , 1961 , Interest and Bond Retirement Fund, " and as the "Town of Taos Joint Water and Sewer Revenue Bonds, Series July 15 , 1961 , Reserve Fund, " into which the Town covenants to pay respectively, from the net revenues derived from the operation of its joint water and sewer system (after provision only for payment into the "Taos Water and Sewer Reven-ie Bond Fund, " and the "Reserve Fund, " both pledged to the payment of the Town 's Water and Sewer Revenue Bonds , dated November 1 , 1949 , authorized by Ordinance No . *(tax, 204 adopted and approve.d on the 2nd day of December., 1949 , as amended and supplemented by Ordinance No. 517 passed, adopted signed and approved on the 5rh day of July , 1961) , sums sufficient to pay when due the principal of and the interest on the bonds of the series of which this is one , and to create and maintain a reasonable and specified reserve for such purpose . For a description of said funds and the nature and extent of the security aforded thereby for the Payment of the principal of and interest on said bonds, reference is made to said ordinance . The bonds of the series of which this is one are equitably and ratably secured by a lien on the designated net revenues ; said bonds, subject to r + the prior lien of the Town 's aforesaid Water and Sewer Revenue Bonds , dated No,,ember 1 , 1949 , constitute an ir- revocable first lien (but not necessarily an exclusively first lien) upon said net revenues derived from the operation -f said joint system. Bonds in addition to the series of which this is one on a parity therewith or subordinate thereto , may be issued and made payable from the net revenues and income of the joint system in the manner and upon the conditions provided in the ordinance authorizing the issuance of this bond. The Town of Taos covenants and agrees with the holder of this bond and with each and every person who may become the holder hereof that it will keep and perform all the covenants of this ordinance , including, without limiting the generality of the foregoing, its covenant against the sale or mortgage of said joint system or any part thereof unless provision shall be made for the payment of the prin- cipa i of and interest on the; bonds of the series of which this is one. , and including its covenant that it will fix, maintain and collect rates for services rendered by szli� I . i,lt-- system sufficient to produce revenues or earnings to ,.:.;y the c'perating and maintenance charges and one hundred fifty per centum 1, 150%) of both the principal of and in- ter; st. can the bends and any other obligations payable an- ,�;� : iv from the rF ';enues of said joint system, including thy- reserve therefor, This bond is one of a series of ;;ne hundred and fifty - fivv bonds cf like tenor, amount and date , except as t(: v, .im.lher ind maturity, authorized for the purpk'se of pay- i-nt; t}:(-, :osts of Extending, enlarging and bFttering the of it (_ G',) te. r and sewer system of the Town of Tacs , in an amwjut not exceeding $ 1.55 ,000.00 (excluding any cost de- r ra,:,•+,i by sour_c .s ort—.er than revenue bond proceeds) , "Tis bond is one of a series subject to prior redeinpti ::n in inverse numerical order Et the option of the Town on the first day of May, : 971 , or cn any interest pay- ment date thereafter , at a price equal to the principal amount hereof, accrued interest hereon ru the redemption - 11- date, and a premium of four and one-half per centum (4-1/2%) of the principal amount hereof . Redemption shall be made i upon not less than thirty days ` prior notice by publication and by mailing in the manner and upon the conditions pro- vided in the ordinance authorizing the issuance of this bond. This bond is subject: to the conditions, and every holder hereof by accepting the same agrees with the obligor and every subsequent holder hereof, that (a) the delivery of this bond to any transferee shall vest title in this • bond and in the interest coupons attached hereto in such . transferee to the same extent for all purposes as would the delivery under like circumstancPs of any negotiable instrument payable to bearer; (b) the obligor and any agent of the obligor may* treat the bearer c;f this bond as the absolute owner hereof for all purposes , and shall not be affected by any-:,notice to the contrary; (c) the principal of and the interest on this bond stall be paid, and this bond and each of the coupons appertaining thereto are transferable , free from anu without regard to any equities between the obligor .+nd the original o; any intermediate holder hereof, or any st: r -nits or cross-claims , and %d) the surrender to the (jD1igc r or any a,;enr of the obligcr of this bond and each ,i chc ons shall be a good discharge to the obligor for the same It is furr.Ker certified, recited and warranted thaL all the requirements of law have been fully complied with by the proper officers of said Town in the issuance ci this bond -. and this bond is issued puns .ant to and in strict cocfo:-mity with the Constitution and :Laws of the ;fate of New Mexico) and particularly under the terms and Provisions of Article 39 , Chapter 14, New Maxico Statutes -�nr.otated, 19153 , and all laws amendatory thereof and sup- plemental thereto.. IN WITNESS WHEREOF the Town t-E Tao: has caused this bond to be signed by its Mayor, sewed with its corporate seal , attested by its Town Clerk, and the coupons hereto annexed to be authenticated with the facsimile - L?- r; signatures of said Mayor and Clerk, all as of the fifteenth day of July, 1961 . �Do _Not Sign) Mayor (SEAL.) Attest: _ (Do Nor�Sig.n) Town Uer1c - Fnd of Fors: of Bond) i i • 13 • (Form of Coupon) $25. 00 $39 .65 Coupon No. * S 5 .00 $ 7 .93 On the first day of November, 19_, **(unless the bond to which this coupon is attached has been called for prior redemption) , the Town of Taos, in the County of Taos and State of New Mexico, will pay to bearer in lawful money of the United States of America, without deduction for exchange or collection charges, at the office of the Town Treasurer in Taos , New Mexico,Tho Frot'N Tonal Bask of Danver, Denver, Colovcb TWENTY-FIVE AND NO/100 DOLLARS THIRTY-NINE AND 65/100 DOLLARS FIVE AND NO/100 DOLLARS SEVEN AND 93/100 DOLLARS solely from and secured by a pledge of two special funds created from the net revenues derived from the operation of the joint water and sewer system of said Town , such amount being ***nine months ' and sixteen days '*** interest six months o!s its Joint Water and Sewer Revenue Bonds, Series July 15 , 1961 , and bearing Bond No. (Facsimile Signature) Mayor (Facsimile Signature) Town Clerk *'(Insert "A " or "B" as well as the number of the coupon . ) **(Insert in all coupons maturing on and after November 1 , 1971 . ) ***(Insert '4iine months ' and sixteen days '" in all coupons numbered A-1 and B- 1 only. ) (End of Form of Coupon) - 14- Kam'_ Section 10 . Period of Usefulness . That it is hereby determined and recited that the period of usefulness of the facilities to be acquired with the proceeds of the bonds herein authorized is not less than twenty-six years , three months and sixteen days from the date of said bonds , i .e .. , from the fifteenth day of July, 1961 . Section 11 . Bond Execution and Delivery. That the Mayor and the Town Clerk are hereby authorized and directed to prepare and execute said bonds as herein pro- vided and the Town Treasurer to deliver them to the lawful purchaser thereof on receipt of the agreed purchase price . Section 12 . Disposition of Bond Proceeds . A . Accrued Interest and Premium. That all moneys received as accrued interest at the time of delivery of the bonds herein authorized from the sale thereof and any premium therefor shall be deposited into the 1961 Bond Fund (further described in Section 15 of this ordinance) , to apply on the p. yment of interest next due on the bonds payable therefrom B. Acquisition Account, That except as herein ^rl-&rwise provided, the proceeds derived from the sale of ! `-t: s:,.d 1961 bonds shall be deposited promptly upon the recei.;)r thereof in the First State Bank of Taos , Taos , New Mox , cc , which account shall be known • as the "Taos , New ,point Water and Sewer Revenue Bonds , Series July 15 .• 1gr, 1 , AOqui.sition Account , " herein sometimes designated as t!-tc A quisition Account , The moneys in the Acquisition '..'count , except as herein otherwise specifically provided, �h,, be used sole:y for the purpose of acquiring, extensi . � call argem,-�nts and betterments to the system, except that ar : t tho system is completed as herein provided, all money, if any . remaining in the Acquisition Account- shall be deposited into Ltlol il.ibI Reserve Fund (further described in Section 15 of this or:� :icar;:E• ': , Moneys shall be withdrawn from said Acquisi •- , <.•n ,ccoun only upon warrants or checks drawn by the May,. r jn,i Clerk of the Town . No such warrant for any sum for con - ,truct•ion work shall be issued until the Board of Trustees has received a certificate from the Consulting Engineer certifying that such a sum is due and owing for the work of n 15- such construction , nor until the Board of Trustees has adopted a resolution accepting such certificate and direct- ing the drawing of such warrant or check. C . Purchasers Not Responsible for Misuse of Proceeds . That the purchaser of the bonds herein authorized, however, shall in no manner be responsible for the applica- tion or disposal of the Town or by its officers of the funds derived from the sale thereof or of any other funds herein designated . Section 13 . Fiscal Year. That for the purpose of this ordinance the municipal joint water and sewer system shall be operated upon a fiscal year basis commencing the first day of July and ending on the 30th day of June . Section 14 , Income Fund. That so long as any of the bonds hereby authorized shall be outstanding, either as to principal or interest, all income and revenues derived from the operation of the joint system shall be L.-opr,si tuu into 'a special fund designated "Taos , New Mexico, .1oi,-it Water and Sewer System ,I ncome Fund, " (previously reft•r'red to in i:he saia Ordinance No. 201 as the "Taos ► � r nn,i Sew;:•r Revenue Fund ") , and hereinafter sometimes rc� 1 y ac.signated ZIs "Income Fund. " Section 15 ^d~i:,istrati:,n of income Fund . That ' ! cing. as any of tht-. bonds hereby authorized shall be out- as to principal or interest , the following shall be made from the Income Fund., n Opvrat ,.on and Maintenance Fund . Firstly, there yeti 1 : ;), qer as:.de rac:h month as an operation and maintenance: :such -rt.•asonable percentage of the Income Fu..d as the Bt: rc: of Tr-ustres shall determine to be reasonable and tia r 1 cr . he prc;po r operation and maintenance of sa i d %Leln ; anti ,did moneys sha11 be used solely therefor bur— not limited to the cost of all salaries . neccs>ary repairs , iabc.r , maceri.als , adequate insurance , arlc; bnnik co11-ection and c;cher proper charges concerning the accounts and revenue bonds herein designaced and hereafter nuthorizod in ci)nnc.:t.iC,TI wi th the joint system any surplus remaining at the end of the fiscal vear and nat needed for lh- operation and maintenance purposes, shall be transferred to the Income Fund and be used for the purposes thereof, as herein provided . B. Principal and Interest Requirements for 1949 Bonds . Secondly, there shall be deposited each month in a trust account with the Mercantile National Bank, Dallas Texas, to be designated, "Taos Water and Sewer Revenue Bond Fund, " one-sixth ( 1/6) of the next maturing installment of interest on all of said bonds outstanding, and not later than October 1 , 1951 , and eacKmonth thereafter one-twelfth ( 1112) of the next maturing installment of principal of said bonds outstanding. C . 1949 Reserve Fund ., Thirdly, in addition to such deposits of interest. and principal; in each of the years L950 and 1951 there shall be deposited in said Bond Fund in substantially equal monthly installments , not less than a total of $5 , 000 :00 , to be held as a Reserve Fund, and co!nineiic ing on January . , 1952 , and each month thereafter, ;.hurl shall bc� deposited in said Reser-e Fund 20% of the :no'lt1-•ly deposits of interest and principal , until the Re ier%ie. Fund shall cons:ai.n a sufficient amount to pay in i,!�,a;,c,� two years ' requirements of interest and principal �:n s i1.d bonds . in addition to the requirements for the c r;-er.t year . Such Reserve Fund shall be maintained at socr; ai-i:ount -until it snail be sufficient to- pay the interest on ;30d principal of all of said bonds outstanding. The in said Reserve Fund may be investEd in direct cbli- ;r;,r of t�•e. United States cf America and any income t,)-m sF:a1 i be placed to the credit of said Bond Fund D. Principal and interest Requirements for 19 , L nLis . Fourthly, and subject to the aforesaid provisicn5 . I0 M any moneys remaining in the Income Fund, i. . e . , from chc ilol. Income and revenues , there shall be deposited and aai .i i-,cc, a bank account to be known as the "Town of Taos .3oInt Water and Sewer Revenue Bonds , Series July 15 , 1961 I :�t �r� 5r and Bond Retirement Fund , " herein sometimes referred to as the 1961 Bond Fund, the following 1. Mon th1y, commencing on the first day of e.he cnL�nth immediate 1 y succeeding the delivery of any the 17 - bonds , an amount in equal monthly installments necessary, together with any moneys therein and available therefor, to p:y the next maturing installment of interest on the bonds then outstanding, and monthly thereafter commencing on the first day of May, 1962 , one-sixth of the amount necessary to pay the next maturing installment ,of interest on the outstanding bonds authorized hereby. 2 . Monthly, commencing on the first day of November, 1979 , one-twelfth of the amount necessary to pay the next maturing installment of principal on the bonds authorized hereby. E. 1961 Reserve Fund. Fifthly, and concurrently with the payments required by the next preceding Paragraph D, except as provided in Paragraphs F and G of this Sec- tion 15 of this ordinance , and in addition to the moneys i-aquired to be deposited in the 1961 Reserve Fund by Section 12 of this ordinance , monthly commencing on the first day { 0 rho_, first month following the delivery of any portion of t the 'fown ' s July 15, 1961 , bonds , the sum of $200.00 per month sr,a i L be deposited monthly ($2 ,400 .00 annually) into a bank account tc be known as the "Town of Taos Joint Water and %cwc r Revenue Bond:, , Series July 15 , 1961 , Reserve Fund, " ,,rein somerimes referred to as the 1961 Reserve Fund, anti 1 there has been ac%;m•jlated $ 30 ,000 .00 therein and rtereaf ter such amuunt or amounts , if any , shall be deposited n (.nlchly from any moneys remaining in the Income Fund into �.� .;cint Reserve Fund necessary to maintain said $30,000 ,00 . 'Ihc nione ., in the Reserve Fund stall be accumulated and ;-,,:ji stained as a contiruing reserve t�o be used, except as r ,_ relnaf ter provided in Paragraphs F and G of this section , linty to present deficiencies in the payment of the principal an,i interest on the bonds hereby authorized resulting ' �ru�r. Lhe failure to deposit into the 1961 Bond Fund suf- i `,--� cnr. funds to pay said principal and interest as the accrue . F . Termination of Payments in 1961 Funds. No p;:vn:ent reed be made into the 1961 Bond Fund, the 1961 Rotie.vc Fund , or bct:h , if the amount in the 1561 Bond Fund • i�' 4 and the amount in the 1961 Reserve Fund are at least equal to the Entire amoo-t of the outstanding bonds herein au- thorized, both as to principal and interest to their respective maturities , and both accr -,ed and not accrued, in which case moneys in said two funds in an amount at least equal ro such princ.,pa: and interest requirements shall be used solely to pay s•:cn as the same accrue , and any moneys in excess there-of in said two fends and ainy other moneys derived from the operation of the joint system may be used in any lawful manner determined by the Board of Trustees of. said Tow; . 0 . Defrayinzz Delinquencies for 1961 Bond and 1961 Re serve Funds i f , in any month., the Town shall , for any reason , fail to Flay into the 1961 Bond Fund the full amount above stipolated from the net: income and revenues . of the joint system, tf,en an amount. shrai 1 be paid rite the 1961 Bond Fund in s.Jch month From the 1961 Re .serve Fund 1 t.> the difrercncE• bF t.ween t: --at Maid from said net income and revent.Jes and t.he. LAI : amount cc, stipulated , The :),-,nc y so used siha; : be rEplaced in the 1961 ResF•rue Fund ..rom the ii!: ,st thereafter reef..i•?ed from the �.,. - ,Lion •-3f .n ;;,inn. system not re .;._iired to be otl;.er4.Lse �,pi -Led , F i� any month . tr.e Tc,-,n shall ,, for any reason , Fai r:` ay i,,to [.,.e 196i R( s,- rve 1 '_"d * he L1!: 1 amount abovv -3t1.l••: . 3tcF d > rcin rat [ incomi.- and Of t'r.e 1961 '; =ys.em , tte di fference between the amoun t pa. d and the :itllv'..n[ so stipulated s1.all in a like manner be rjaid Lf.erei- tr ,;7. , rc• ilrsr rE.,'enues thereafter receivcd lro[r: t['e d':.tit"I Of L}..F! l::lnt :%ySten) no+- re-qui redtc bt ot:C•F'.�-ise. d :lAl ifs the 196'_ Bo^d Fund and ;h( : 9b 1 r Und sh• t l l b�.- used solely and only f ,r tl,e Purpost .A payi-,g ,r.e pri-%: al of and the inter�:st ors the bonds issoed :.cry ;,r,dc r F.rovided, however , that an} r ori.;:ys Wh,i Lr. riay be at any time in olf $30 , 000 . 00 in the 1961 Reserve Fu!ld may bF withdrawn therefrom ind used as herein provided fo.• ,act and r,.venues derived fro;r. tl:E. ,; Oint. ystc,n. Moneys N,.s wirhst.andiri: ary • 19 other provision of this section , any moneys in any fund designated in this section not needed to defray operation and maintenance expenses for the joint system for the current fiscal year nor to defray principal and interest require- ments for bonds payable from the joint system 's revenues for the current and next succeeding fiscal year ray be invested or reinvested by the Town Treasurer in direct obligations of, or obligations the principal and interest of which are unconditionally guaranteed by, the United States of America , which shall be subject to redemption at face value by the holder thereof at the option of such holder, or which shall mature not later than eighteen months from the date of such investment . The obligations so purchased as an investment of moneys in said fund shall be deemed at all times to be a part of said fund, and the interest accruing thereon and any profit realized therefrom shall be credited to the fund , and any loss resulting from such investment shall be charged to the fund, The Town Treasurer shall present for redemption or sales on the prevailing market any obliga- tions so purchased as an investment of moneys in the fend whenever it shall be *necessary to do so in order to provide moneys to meet any payment or transfer from such fund, I Extension and Betterment Fund, After making the payments hereirabove provided in Paragraphs A through H of Section 15 of this ordinance , any remaining revenues derived from the operation of the system (but not more than 10 _:i c e gross income from said system) may be paid into a 11'aos Water and Sewer System Extension and Betterment Fund " for the purpose of extending , improving or repairing said system, provided that the principal , interest and reserve requirements of any additional bonds issued pursuant to Section 11 of this ordinance , shall have priority over said Extension and &-tterment Fund as to any currant revenues •r(:::)ai:iir,g after the pay%-,ents necessitated by Paragraphs P, tl)rougli H of said Section 15 . .' Bank Accounts for 1961 Bonds . The aforesaid Lti61 Bond Fund and 1961 Reserve Fund shall be maintaiped and kept separate from ail other funds and acco-:nts in The First • 20- iN National Bank of Denver, Denver, Colorado, or its successor, "k, and the aforesaid Taos Water and Sewer System Extension and Betterment Fund in any bank or banks , each of which is a member of the Federal Deposit Insurance Corporation. Each monthly payment shall be made into the proper fund and account on the first day of each month, except that when the first day of any month shall be a Sunday or a legal holiday, then !iuch payment shall be made on the next preceding secular day , K . Surplus Revenues of the System . After making the he payments hereinabove provided in Paragraphs A to J, both incl ,isive of Se.- tien 15 of this ordinance , any remaining in J (z * acome Ftjc,d may be applied to any other law- .-is r Board of Trustees may direct. 10 . Priority of lien .. That the bonds to the payment of all necessary c.f the operation and maintenance of n arld sub ec:t io paynienLs rejuired by the S Nos 201 and i to be made into the .1-1d S -wer RevertlE Bond Furd " and a "Reserik� ( tO Lt.P paynenC of the Town s Water anti dated No ,,ember i , 1949 , constit'jte an ibit- "b L not, r,ecessarily an exclusively first derived from tne operation of said -:A'C [ 1 "'t' 1"' . Additional Bonds A . Parity Lien Bonds . That nothing in this ordi- nancu shall be construed in such a manner as to prevent the by the Town of additional bonds or other obLigati..ins payable from the income derived from the - sperauion of the ! -jint system and constituting a lien upon said ievPnue.s cm a parity with, but not prior or superior to, the tinn cf L - bonds herein authorized, nor to prevanL the issuance t,f bc,-)cls or other obligations refunding all or a part of the bonds Y-crein authorized , provided , however , that the Tcwx, i.s noL i-) default ns to any payments required to be made ir. Paragraphs A to F of Section 15 of this ordi.- nance ; and provided furLher, that before any stich additional _21 - • parity bonds or other parity obligations are authorized or actually issued, other than refunding bonds or other refund- ing obligations , the earnings derived from the operation of said joint system for each of the two fiscal years immediately preceding the date of the issuance of such additional parity obligations shall have been sufficient to pay the costs of operation and maintenance for each such fiscal year, and, in addition , sufficient to pay an amount representing one hundred forty per centum (140%) of the maximum principal and interest requirements for a single ensuing fiscal year on the outstanding revenue bonds and other obligations of the Town payable from the revenues of the joint system and the -.,'bonds or other obligations proposed to be issued. B. Certification of_Earni^gs . A written certifi- cari on by an :ndepe.1dent Certified Public Accountant that said earnings , when adi :isted as her,,inafter provided, are sufficlent to pay said amounts , shall be conclusively pre- S:JMQd Lc be accurate In determining the right of the Town to :�uthorir.e . issue , sell and deliver said additional bonds or :.:� .) gaCions on a -arity with, the bonds herein authorized,. Considera ;lon or Increase in Costs . In deter- ,:.Ang w'r.er.ber or not additional parity bonds or other 1,.i.iry obligations may be Issued as aforesaid, consideratic.n to ar..y probable increase .;bat nct reducritin) in r.teYat.i:.:7 .,3 mat'ttc•,•ance expenses that will resuir. from F:*x pena_, t,jr.- of the funt-is proposed to be de.rlved from the issuance And sale of the said bonds or other obligations , � C _ unior Lie:, Bonds , Nothing t,erein contained sb:. '. 1 be constrt)Fd so as -o prevent the Town from issuing b,:nds or, other obiigations payable from the revenues of the syss -em and Vaving a lien t.hereor subordinate , inferior and >»: r rc tt.e lien of the- bonds authorized to be lss,ied by i 1 tt-_is ordina%1ce E S jL,_rior Lien Bonds Not Permissible idotl' ; ng he:roir. contained shall be construed so as to rt rmit E' e Tcwn to issue bends cr other obligetic:is }.dyable- from tte l revEnoes of the system and having a lien th,ereor Frier and s-iperior to the bonds l.eroin authorized to be iss :Pd •21 - T F . Additional Bonds to Have Same Principal and Interest Payment Dates . Any additional parity or subordinate bonds or other parity or subordinate obligations issued in compliance with the terms hereof shall bear interest payable semiannually on the first days of May and November in each year , except that the first coupon appertaining to any bond or other obligation may represent interest accruing for any period not in excess of one year ; and such obligations shall mature on the first day of November in the years designated by the Board during the term of said bonds or other obliga-- tions Section lb . Refunding' Bonds , Thdt the provisions of Section 1; hereof are subject to the exception that if at any time after the bonds or other obligations herein or h,�reaf t,�-r authorized, or any part thereof , shall have been issoed , the Board shall find it desirable to refund said bonds or ether obligations , said bonds or other obligations, or any part thereof , may be refunded (but only with the ccylseilt of the h-cider or holders thereof , unless the bonds cat' other obligations have marred, or are then callable for redemption a-id r..ave been properly called) , without the Fri-ority of zhc-- lien for the payment of the r� ; . ••dl -.-tig obligations o- tt (= revenx-s of 0:r• system, except t^ 'raragrar.'K /% of Section i; 1- ereof . provided , rt-at bonds or other obligations the lien of which tic• :i-`1,1F, s -i t+e system is prior and s aperior to the cf tr.e bonds herein authorized, including ti& 191-9 b--~•ds . may be refunded as in this section provided b,, t ht i ssuevice of bonds or other obligations the lien of ,,)hi ,', nin sdid rel:r jc. s is on a parity with t'r;e lien thereco t .f bonds herein aothoriz.ed . The refunding bonds or or;•ki SO issued shall enjoy complete equality of � ien wit.F. tY & I...,rtion of said bonds or other cbligations which is not- ref,snded, if any there be . and the holder or h 0 1 plc:Y•4 (-'If the re Lunding bonds or other shall be subrogated to all of the. rights and Frivikges enjoyed by the holder or holders „f the bends or ot-h -r obligations 73- refunded thereby. The refunding bonds or other obligations shall be issued, subject to the provisions of Paragraph F of Section 17 hereof, with such details as the Board may by ordinance provide ; provided, however, that if only a part of the outstanding bonds or other obligations is refunded, and if such bonds or other obligations are refunded in such manner that the interest rate thereof is increased or if any refunding obligation matures at an earlier date than --he maturity date of the corresponding obligation refunded thereby, then such obligations may not be refunded without the consent of the holder or holders of the unrefun ded portion of said obligations ; and that the refunding bonds or other obligations shall either be sold for cash at not less Char; the par value and accrued interest, and the pro- ceeds thereof shall be used to pay the obligations refunded, or i ' so permitted by law and then only with the consent of she holder or holders of the obligations refunded, the refu;1cling obligations shall be delivered dollar for dollar in oxcharige for the bonds or other obligations refunded. Section 19 .. Equality of Bonds. That the bonds -horized ro be issued hereunder and from time to time :r_::r-,anding shall not be entitled to any priority one over other in the app1= cation of the revenues of the system, regardless of the time or times of their issuance , it being thf- :mention of the Board that there shall be no priority arnon" the bonds regardless of the fact that they may be a_ cual ly issued and delivered at different times . Section 20 . Compulsory Sewer Connections . That :he Board has determined, and does hereby determine , that c s . or the best interest of the Town and the inhabitants :.hereof fc•r health and sanitary purposes that inhabited - proper(-y be connected to the sewer facilities of the joint sVst:,-Tm; and the Board hereby orders that the owners of : ri%Zrzbited property within the Town , any boundary of such ,)rop rty 'being wich.in two hundred feet of a sewer service i rf: , shall connect such property to the line without eXPOILIse Lo the Town within sixty days from the date of publication of this ordinance or if such a line is not then f� available within sixty days from the date such a line is extended to within two hundred feet of a boundary line of the tact or parcel of land. The Town shall enforce and compel such connection in the case of a failure so to con- nect within the time herein prescribed by suit, action, or special proceedings in equity or at law; and the Town may prescribe rules and regulations to govern, regulate and enforce such connections , including but not limited to fixing penalties for the failure so to connect, and to entering into agreements with the State of New Mexico, or any public corporation or political subdivision thereof, or any agency or instrumentality thereof, e.g. , the County of Taos or its health department, if any, necessary or desirable Lo effect the provisions hereof. Che ection 21 . Protective Covenants . That the Town nants and agrees with each and every holder of ssued hereunder: . Use of Bond Proceeds. That the Town, with the rived from the sale of the bonds herein authorized , d without delay to extend, enlarge and better the hereinabove provided. B. Payment of Bonds Herein Authorized. That the Town will promptly pay the principal of and the interest on t�veiy bond issued hereunder and secured hereby at the place , on the antes and in the manner specified herein and in -a b-ut;ds and in the coupons thereto appertaining according to the. true intent and meaning hereof. Such principal and in; rest are.' payable solely from the net income to be derivc,d from the operation of and the resultant rates and charges for r.hc- use of, and the products and service rendered by, the system, and nothing in the bonds or coupons or in this ordinance shall be construed as obligating the Town to ri' acem any of said 'bonds, principal or interest, from and .-he i- o l der or holders thereof may not look to, any general or- other fund except the income which is so pledged under tFse provisions of this ordinance . C . Use Charges , That while the bonds authorized herein or any of them remain outstanding and unpaid, the - ?5- a rates for all services rendered by the system to the Town and to its inhabitants and to all consumers within or faith- out the boundaries of said Town shall be reasonable and just, taking into account and consideration the cost and value of the system and the proper and necessary allowances for the depreciation thereof and the amounts necessary for the re- tirement of all bonds and other securities or obligations payable from the revenues of the system, the accruing in- terest thereon , and reserves therefor; and there shall be charged against all re.irchasers of service, including said Town , such rates and amounts as shall be adequate to meet the requirements of those and the preceding sectic,- s hereof, and which shall be sufficient to produce revenues or earnings annually to pay the annual operation and maintenance ex- penses , and both the principal of and interest on bonds and any other obligations payable annually from the revenues thereof, including the reserves therefor, all of which revenues , including those received from the Town, shall be subject to distribution to the payment of the cost of operating and maintaining the system and the payment of principal of and interest on all obligations payable from the revenues of the system, including reasonable reserves therefor , Insofar as practicable all users of water shall :)e met:ered, Before water or sewer services are made mailable to any new customer, an adequate deposit (to be de c e rniine d by the Board of Trustees) shall be made . No free service , facilities nor commodities shall be furnished by Said system to anyone, including but not limited to the Town , Ehat should the Town elect to use for municipal pur- pr)6os water- supplied by, electrical energy furnished through, or the sewer facilities of, said system, or any combination tnure•jr , or in any other manner use the system, or any part thereof, any use of the system by or of the services rendered L"ereby :u the Town , or any department , board or agency ,hereon , will be paid for from the Town °s general fund or other available revenues at the reasonable value of the use so made , or service , facility or commodity so rendered; that all the income so derived from the Town shall be deemed to -26- be income derived from the operation of the system, to be used and accounted for in the same manner as any other income derived from the operation of the system. The charges so required to be made by the Town shall include a reasonable payment for fire hydrant service , which charge shall be not less than $8 ••00 per hydrant per month ($96 .00 per hydrant per year) . payable in equal monthly installments and beginning June 1 , 1961 . Said rental shall include all water needed by the Town for fire protection , and water and sewer service needed by all Town offices, the street depart- ment , fire department , public parks and the Town owned swimming pool , The Town is granted by statute a\ lien upon Each lot or parcel of land {r the Town for the charges imposed hereunder for waver and services supplied by the systrtm to the owner thereof, and the Town expressly covenants and agrees that it will cause each such lien to be perfected in accordance wir.it the provisions of Section 14-39-3 to Section 14-•39-6 , New Mexico Statutes Annotated, 1953 Cor p i 1 a t ion . as from time to time amended, and the Town and agrees than it will take all steps necessary tr, enforce s-.i::h, lien as to each piece of prcperty the owner whic1. sl:ail delinquent for more than six months in the i•_t•y;ne-t of charges imposed hereunder, i eLy_or Charges That the Town will forth - vi th arli,l in any event prior to the delivery of any of the bon(,s here-in a.jthorized, fix, establish, and levy the ra "US ,Ii'ld Charges wh ch are required by Paragraph C of 11 of tLis ordinance , if such act-ion be necessary No rt• dc: tion in any initial or e), isting rate for Ll.e system may be made unless: The Town has fully complied with they pro•- cf 15 of this ordinance for at least '.he- F . . ; : i • cal yr:�; i I.r&diate1y preceding such reduction of th0 �i t i a 1 r",t:P sc<<c:t?•Jle . 'retie audit required by the Independent by Faragraph H of this Secrien 21 z)f Lhis ordi ;oi the full fis._al year immediately preceding sucl: '—%26 tct_ 6V- disci.Ose5 that the estimated rc 'e : <<:s resulting � 7 . from the proposed race schedule , after its proposed reduc- tion , will be sufficient to pay an amount at least equal to the annual cost for said period of operation and maintenance , and, in addition , one hundred fifty per centum ( 150%) of both the principal of and the interest on bonds and any other obligations payable anr.•.:aily from the revenues of the system, including reasonable reserves for all such bonds . E. " Efficient operation .. That the Town will operate said system so long as any of the bonds herein authorized are outstanding, to maintain said system in efficient operating condition and to make such improvements, c:xtensiorrs , enlargements , repairs and betterments thereto as may be necessary of advisable to insure its economical and efficient operation at all times . F . Records . That so long as any of the bonds ;-r-:naiii outstanding . proper. books of record and account will !le kvpt by tie rows separate and apart from all other :'ecordb and ac- pants , shc•wing complete and correct entries 47 (.ransac�isms relating to the system, Such books i n,' 1 ode b,:t not nE-:Pssarily be limited to) monthly •_ .1 s s h A; -1 1 . The n :reber of customers by classes . "he roven•.ies received from charges by irci uding but not necessarily limited to AbSI l lC:.si : Gn by water facilities and sewer facilities i A detailed statement of the expenses of to Ins pec* . That any holder of any of ,my duly aJth.orized agent or agents of st;cn i; ---ha It h-a,c' the rigs:t at all reasonable times to az-.:(-;jnts and data relating thereto and ti e v,t err. cr.� all properties comprising said ti kilts That the Town further agrees that it Willi , 4 0r in sixty da% s following the close of each fiscal vec;r ' Cause all audit of such books ana acco'.lnts to be made by an, independent Certified Public Accosantant, or an agent 2b • x r xc +e': .,• iti 1 .. i yC" ,+,(.� . r. F x,t� �tti iy � 4 =t.ci, 2 � su0. 4.S":y�?'t yT.ff ,t;Fti irlc?,}.�i,`k'`'s.� ��t .�)�.rt .r rf:��t�4fy�-lit i� � s', 'tiPl:•,� i of the State Auditor of the State of New Mexico showing the receipts and disbursements for the account of the system, and that such audit will be available for inspection by any } holder of any of the bonds . Each such audit, in addition to whatever matters may be thought proper by the act'ountant to be included therein , shall include the following: L. A statement in detail of the income and expenditures of the system for such fiscal year, and in detail of the total water consumption , including but not necessarily limited to domestic consumption, water used for fires and flushing mains , and water consumed or lost and unaccounted for, and total sewerage treatment by classes of customers . 2 . A balance sheet as of the end of such fiscal year, including all funds created by the various ordinances and other proceedings authorizing the issuance of outstanding bonds and other obligations p.3yable from the revenues of the system . 3. The accountant 's comment regarding the ajan,Der in which the Town has carried out the requirements E r_nis ordinance , and any other ordinance and other pro- C(-e0ings authorizing the issuance of outstanding bonds or :t.her obligations payable from the revenues of the system , ino t.iiL• accountant 's rFcommendation for any charge or im- r�: yavc�n+EnG in thr operation of the system,. 4 , A list of the insurance policies in force at tnc- cnd Ot the fiscal year, setting out as to each taut icy Lhe amour+t of the policy, the risks covered, the n,,1me of t_he insurer and the expiration date of the polio 5 A recapitulation of each fund or accol.)nt <I nv ':he various ordinances and other proceedings r,l:t7)•i:7 tnA the issuance of outstanding honds and other ig Lip:`ns payable from the revenues of the system , into Lund are pat moneys derived from the operation of the or derived from the sale of the securities , s►.tcF ana t ysi ;; to show the balance in such fund at the beginning of the tisc:al ve-jr, ti-e deposits and withdrawals during said year , and the ba i anc:e at. the end of said year , - 29- 6 . The number of metered water connections, unmetered water connections , fire hydrant connections, metered sewer connections, and unmetered sewer connections at the beginning and at the end of the fiscal year. 7 . The number of customers per class of customers and revenues per class of customers, including but not necessarily limited to classification by water facilities and sewer facilities . A similar audit and report shall be prepared by Town employees immediately after the expiration of each six months of each fiscal year. All expenses incurred in the making of the audits and reports required by this section ;;hall be regarded and paid as a maintenance and operation expense , The Town agrees to furnish forthwith a copy of each of such audits and reports to the holder of any of the bonds at his request, and without request to Quinn & Co . , Albuquerque, New Mexico , i .e. , the purchaser of the bonds from the Town , and to The First National Bank of Deaver , Denver, Colorado, i . e .. , the above-named paying agent bank, or to any successor paying agent bank, after each --uch ,audit and report has been prepared, and that any such !L$ . ,ir r st,a 1 l have the right to discuss with the accountant person making the audit and report the contents thereof to ask. for sach additional information as he may c- iiabl.y require , The Town shall publish a summary of f� such annual audit at least once in a newspaper within cr,re months from the end of the fiscal year . 1 . Billing Procedure . That all bills for water, sc?•v•i.ce of facilities , sewer service or facilities , ar;v combination thereof. , furnished or served by or (A.,$1.}: the system shall be rendered to customers on a established day of each and every month either !r(.r, Lh ! y in advance or in the month next succeeding the month ,.,;.-Lc h the service was rendered and shall be due withim t-Wei)ty days from the date rendered ; and in the event said 1:= 1. i s, are noc paid within twenty days after the date when ren6urud, water and water service shall be discontinued, and the rates and charges due shall be collected in a lawful —30- a manner. Water charges and sewer charges may be billed jointly with each other or separately; and each such joint bill shall show separately water and sewer charges . If said monthly total bill is not paid by the designated settlement date, Lhe water service to the customer will be discontinued. Said service will not be started until said total bill and a service charge of $5 .00 (tor the reconnection) have been paid in full . J . Use of 1961 Bond and Reserve Funds . That the 1961 Bond Fund and the 1961 Reserve Fund, shall be used solely and only, and said funds are hereby pledged, for the ?,.:Nose of paying the interest on and the principal of the co—G:s l.erein auchc._z:d, exce=C ",. C:.cSa r,,::ay' 196 t Bond Fund and in the 1961 Reserve Fund as are in excess c,f the interest on and principal of said bonds, both accrued and not accrued, to their respective maturities . K. Charges and Liens Upon System, That from the revenuc.-s of the system the Town will pay all taxes and , ssessmencs cr or-Eer municipal or governmental charges , if r,t:y , lawfully ie ied, assessed upon or in respect to said 5vsceri , or any part ti.erecf , when the some shall become due , .;OL12 it wI l l d.,!v .;bser -e and c•trr.ply with all valid require - :-VOrs or .any mmiicipa ; cr governmental authority relative L.C. any part of said system , and the Town will not create c,r •r r<-: be created any lien or charge upon said system. t_�.v rE -,;ena(•s therefrom except as permitted by this .jr;'inarce , o it will make adequate provision to satisfy ,in.i disrhaz within sixty days after the same stall accrue , ., i s 1 Ow: u i c i„l,.s and demands for labor, ma teria ls , supp l i e s ' r other o'bj-�'cts , which; if unpaid, might by law becomt a .zpon siid system or upon the revenues cheiefrom; pro- ,�; ! r.at ncthiz,g herein shall require the Town ar ca,}tie t be discharged, or make provision for a:, , F,,a It COX ":ssSS>»ent , lion or charge before the time when pavnwr t ther,!vf shn 11 be due or so long as the validity r;lerLii)f steal : bF• contested in good faith by appropriate legal proceedings . • • 3i L. Insurance . That the Town in its operation of the system will carry fire and extended coverage insurance, workmen ' s cc;npensation insurance and public liability in- surance and other types of insurance in such amounts and to such extent as is normally carried by private corporations operating public utilities of the same type. The cost of such insurance shall be considered one of the operating costs of the system. In the event of property loss or damage, insurance proceeds shall be used first for the purpose of restoring or replacing the property lost or damaged, any remainder shall be treated as net income , and shall be subject to distribution in the manner provided hereinabove in Section 15 hereof, for net income and revenues derived from the operation of the system. M. Competing System, That as long as any of the bonds hereby authorized are outstanding, the Town shall not grant any franchise or license to a competing system, nor shall it permit during said period (except as it may legally be required to do so) any person, association , firm or corporation to sell water, water service or facilities , or Ft wt•r service or facilities , to any consumer, public or E: ;i va to , within the Town. N . Alienating System_ That the Town will not sel : , lease , mortgage , pledge, or otherwise encumber, or in :!ny manner dispose of, or otherwise alienate , the system, or J)arc thereof, including any and all extensions and ildd; ;. ions that may be made thereto, until all the bonds %orc Ln authori.zed to be issued shall have been paid in full , .)Lh ,Jrincipal and interest , cr unless provision has been r 'Jde ;hirefor , except that the Town may sell any portion of said proper .y which sha11. ►zave been replaced by other prop- erty of at least equal value , or which shall cease to be nocessary for the efficient operation of the system, but in no manner nor to such extent as might prejudice the security for the payment of the bonds herein authorized, provided, however, that in the event of any sale as aforesaid, the pro- ceeds of such sale shall be distributed as net income of the system in accordance with the provisions of Section 15 hereof . -32- 0. Extending Interest Payments. That in order to prevent any accumulation of coupons or claims for interest after maturity the Town will not directly or indirectly, extend or assent I:o the extension of the time for the payment of any coupon or c.lr,im for interest on any of the bonds issued hereunder ,and it will not directly or indirectly be a party to o'r approve any arrangement for any such extension or for the purpose of keeping alive any of said coupons ; and in case the time for payment of any such coupons shall be extended, such coupon or installment or installments of i.ncez-est after sich extension or -o-rangement shall not be entitled in case of default hereu,-: ',�r to the b,-• nefit or security of this ordinance except subject to the prior payment in tell of the principal of all bands issued here- under and then outstanding, and of matured interest on such ponds the payment of which has not been extended. F . Surety Bonds .. That each municipal official or other person having c .istody of any funds derived from operati%-?n of Oie system, or responsible for their handling, be bondcd in an amount, at least equal to the total in I.,-s custody at any one time , which bond shall be di t 10r)('d 01,09 thc-- groper application of said funds . The r f ,j-,-I. !�cnd shall be considered ,-ne of. the L,orcit.i v . ; st .; . :. rhr system . s� ('o.rp. - tenl.`Management . That the Town shall i I-i •rI"1t-reed and qualified ma-iager for the joint _ ; • ;i, :;�. , .l ?t..,r 4�t,r Shall he under the direct control c: L. ?:,�.: r, ti,.�)t•�a 1 :1..4'' kli rec t 1y to said Board of Trustees . flee !.! " " I .I ''i Ild tr.aIldger shall be confined t.r, the e tficietl !. � i , t r•i, t ;;f th,e system, and to thk• administr,u . ,)n .: 'Ji�1f_; The City Clerk shall be liable l-or c l. . r i :t. : c,,n. f•rning the. ; cint system , including 0 . , rccords , all billings an.; col loc Liens f nt ,_src(-rr.-. nt c-f rates for service (cst.ablished a:,d lk�d by th.O Li.),ird of Trustees), enforcement. of all l-,c:nci t t-e purchase of materials and supplies ncedell for c,:e e f 1 I c' is Dt operation of thc_ b stem , upon rece; p:r of a l.urcl,.,st> order from the afcresaid Manager 11) - 33- the event of default on the part of the Town in paying principal of or interest on said bonds promptly as each falls due , or in the keeping of any covenants herein con- tained, and if such default shall continue for a period of- sixty days , or if the net revenues of the system in any fiscal year should fail to equal at least the amount of the principal of and interest on the revenue bonds and other obligations (including all reserves therefor specified in the authorizing proceedings , including but not limited to this ordinance) payable from said net revenues in that fiscal year, the Town shall retain a firm of competent management engineers skilled in the operation of water and sewer systems to assist the management of the system so long as such default continues or the net revenues are less than the amount hereinabove designated. R, Performing Duties . That the Town will faith- fully and punctually perform all duties with respect to the system required by the Constitution and laws of the State cif New Mexico and the ordinances and resolutions of the T .wri , including but not limited to the making and collecting c,f reasonable and sufficient rates and charges for services rendered or furnished by the system as hereinbefore pro- .:ided , and the proper segregation of the revenues of the !., ,: gem and their application to the respective funds . 5 Other Liens . That other than as provided by r!titi ordinance , there are no liens or encumbrances of any nature , whatsoever, on or against said system or the v� i�uts ;ieri.ved or to be derived from the operation of the s a r.;• T. Toran 's Existence . That the Town will maintain s corporate identity and existence so long as any of the honds herein auchcrized remain outstanding. it Completion Bonds . That in order to insure thc of the Project , and to protect the holder or 'ioldcrs of the bonds , the Town will require that the cent :act cr to whom is given any contract for construction .,p}!t rt AiTiing to the Project to supply a completion bond or ndi; satisfactory to the Town , and that any sum or sums -34- derived from said completion bond or bonds shall be used within six months after such receipt for the completion of said construction , and if not so used within such period, sh.a1L be placed in and be subject to the provisions of the Income Fund provided for herein . Section 22 . Events of Default. That each of the following events is hereby declared 311 "event of default, " that is to say. A. Payment of the principal of any of the bonds herein authorized to be issued shall not be made when the same shall become due and payable, either at maturity, or by proceedin6s for prior redemption , or otherwise . B. Payment of any installment of interest . shall not be made when the same becomes due and payable or within thirty days thereafter. C . The Town shall for any reason be rendered incapable of fulfilling its obligations hereunder. D. The Town shall make default in the due and punctual performance of its covenants or conditions, agree- Tent.s and provisions contained in the bonds or in this ordi- oance on ir.s part: to be performed, and if such default �r.al i cortin•.ie for sixty days after written notice specify- ! -z such default apd requiring the same to be remedied shhall have been given to the Town by the holders of twenty- ; i .'c per cent in principal amount of the bonds then out- Section 23 . Remedies for Defaults . That upon the h,:,ppening and cor.t:inuance of any of the events of default as p�7ovided it Section 22 of this ordinance , then and in 1 evvey case Lh:e t,oLder or holders of not less than twenty- i i .•t, per centuT. in principal amount of the bonds then out- ; r,ciing , in, _Iuding but not limited to a trustee or trustees •�:.: '. t.r , m6y prc:ceed against the Town , its governing body , . n1741 i t : agcrts , officers and employees to protect and enforce Lhe rights cf aiiy holder of bonds or coupons under this ordinance by mjndamus or other suit, action or special pro- in equity or at law, in any court of competent i %irisdictlon , either for the appointment of a recfive.- or - 35- x#v5Y' f!'�kd,i zAiat..t .a 'y18s �`: ..s• z no n T 4 y v 'tQ t.yR ,I for the specific performance of any covenant or agreement contained herein or in an award of execution of any power herein granted for the enforcement of any power, legal or equitable remedy as such holder or holders may deem most effectual to prote=t and enforce the rights aforesaid, or" thereby to enjoin any act or thing which may be unlawful or in violation of any right of any bondholder, or to require the governing body of the Town to act as if it were the trustee of an expressed trust, or any combination of such remedies . All such proceedings at law or in equity shall be instituted, had and maintained for the equal benefit of all holders of the bonds and coupons then outstanding. Any receiver appointed in any proceedings to protect the rights of such holders hereunder , the consent to any such appoint- ment being hereby expressly granted, may enter and take possession of the system, operate and maintain the same , prescribe rates, fees or charges and collect , receive and apply all. revenues arising after the appointment of such receiver in the same manner as the Town itself might do. Ti.,e failure of any such holder so to proceed shall not re jeve the Town or any of its officers , agents or employees .'. t any liability for failare to perform any duty. Each _;r privilege of. any such holder (or trustee thereof) is a,:)Cl t:+.r*ulat; •:e to any other right or privilege , rr:t t: v Fs+1rcise c any right or privilege by or on behalf Of any 'r►.: 1der i rc.t be deemed a waiver of any other r 1 �',�.C C 17 (:r i V1 ..E g,? tl:E IE?Of . tipct ► Duties '_;pon Defaults . TEat upon the P AI 5 ;. �l;p •.i ns; „r a: y of the events of default as provided in :,:,n of trLi.s ordinance , the Town in addition , will do al i pr:;., r acts on behalf of and for the holders r,. -,(ls and -_c. ,;Fo­, to protect and preserve the security i :-. r '.1.e raympnt cf their bonds and coupons and to p.)YIrIC;)t a+ the principal of and interest on said ht�nctc �:; .•.ill t ;y as tl.e sacre become due . Ail proceeds derived tix.-e f i om . so l ong as any of the bonds herei-; authorized , r : the as tc+ prir.cipal or interest , are outstanding and ,;>> Ad . shall be paid irro the 1949 Bond Furd , if any 1949 - 36- . bonds be outstanding, or if rot, then into the 1961 Bond Fund, or in the event of bonds hereafter issued and out- standing during said period of time on a parity with the bonds herein authorized, into such bond funds on an equitable and prorated basis , and used for the purposes therein pro- vided. In the event the Town fails or refuses to proceed as i.n this section provided, the colder or holders of not less than twenty-five per cent in principal amount of the bonds then outstanding, after demand in wrsting, may pro- ceed :.o protect and enforce the rights of the bondholders as hereinabove provided. Section 25 . Prior Charge Upon Lower Rates . That if it should be legally determined that any legislative or other body, commission, or authority has power lawfully to prescribe a lower schedule of rates than that contemplated by this or other ordinances , and if such lower rate shall be prescribed, then the payment of interest on and the principal of said bonds , issued pursuant to the provisions of Lhis ordinance , shall constitute a first and prior charge c,r. Lhe revenues received from said system, together with t.-kc bonds and other obligations the lien or liens of which is or are on a parity CA such revenues with the lien there - � :,n Of ch` bonds 't..erein authorized, subject to any right of :lily -C) " ':er or any of the outstanding 1949 bonds , anything i:, t.lhis ordinanc,- contained to the contrary notwithstanding. Section 26 , Delegated Powers . That the officers the Town be, and they hereby are authorized and directed t.o ake all action necessary or appropriate to effectuate :.hu ,)_:.)visions of this ordinance , including, without limiting y,e::e ra l i ty of the foregoing: A . The printing of said bonds ; B . The execution of such certificates as may be <tsunably rewired by the purchasers thereof relating, inter to t:he sini.ng of the bonds, the tenure and identity Of thL' mj,nicipal officials , delivery of the bonds and the of. the bond purchase price and the absence of liti- ;:� ;:iun , p:nding or threatened, affecting the validity thereof. - 37- Section 27 . Amendment of Ordinance . A. Consent Needed. That this ordinance may be amended or supplemented by the Board in accordance wish the laws of the State of New Mexico, without receipt by the Town of any additional consideration, but with the written consent of the holders of three-fourths of the bonds authorized by this ordinance and outstanding at the time of the adop- tion of such amendatory or supplemental ordinance (not in- cluding in any case any bonds which may then be held or owned for the account of the Town, but including such refunding bcnds as may be issued for the purpose of refund- ing bonds Tiot owned by the Town) ; provided, however, that no such ordinance shall have the effect of permitting: 1 , An extension of the maturity of any bond authorized by this ordinance - or 2 , A reduction in the principal amount of filly bond,I the rate of interest thereon , or the redemption premium payable thereon ; or 3 . Ifte creation of a lien upon or a pledge of revenues rank.L.. .*rig prior to the lien or pledge created by 0-,is ordinance , or reduction of the principal amount of :�..,rds re- jul- re-d for consent to such amendatory or supplemental i.n--j,)c car Thc esrablishment of priorities as between J boud,., tl'-,sued and cut.sr.anding under the provisions of this W.*k,injT1,­o ; or 0 The modification of or anything affecting A rhc, holders of less than all of: the bonds 8. C.(.YI .,(-nL Binding on Successor Holders of Bends . holders of at leaSt seventy-five per centum (75%) in j,rink* zrP,i ] t,mount of the bonds outstanding as in at the time of the adoption of such ora; n..'Iice 1, or the prede(,essors in title of such consented to and apprc.ved the. adoption Onte t-e o!_ i:-, h(: r,_­in provided , no holder of any bond wheth(--r or UOL such holder shall have consented to cr shall have 3P- revoked any consent as in this section provided, shall have any right or interest to object to the adoption of such amendatory ordinance or to object to any of the terms or provisions therein containec' or to the operation thereof or to enjoin or restrain the Tcwn from taking any action pursuant to the provisions thereof,. C . Consent Irrevocable for Six Months . Any consent given by the holder of a bond pursuant to the pro- visions of this section shall be irrevocable for a period of six months from the date of the publication of the notice above provided for and shall be conclusive and binding ) IL' future holders of the same bond during such period . Such consent may be revoked at any time after six months from the date of the publication of such notice by the holder who gave such consent or by a successor in title by f i !. ink; notice of such revocation with the Clerk, but such revocation shall not be effective if the holders of seventy- five per centum (75% ) in aggregate principal amount of the honcts outstandirg as in this section defined have, prior :o :itten:'pted rP ':uCdtion , consented to and approved the .:rnelld,; ory ordinance referred to in such revocation .. D . Prcof of Cc.nsent . The fact and date of the : xE ruti� c-.f a,zv inst r.ume-t ender the pro-visions of this may nr- ;:roved by the certificate of any officer in nd i c t i:::� ::i�;, by the laws thereof is authorized tc ;f deeds within such jurisdiction , ti .� : c;ur Signing s1.1: instrument acknowledged before him r.ricreof , or may be proved by an affidavit c•i : n� ss to such execution sworn to before such officer E . Fro;:•f of Ownership of Bonds . The amount ailti ::r7•:;rz, Of the bonnds }geld by any person executing such :)id thc: date of his holding the same may be f� •���- c? i-y a r:E r: ; fi ace executed by a responsible bank ;)r c;,mpany sr.,. :ing that on the date therein men ti ont d s-ac;. person had ;r dYposit with such bank or trust company :nr bonds described in such certificate. Seccicn 28 . Ordinance :rr�ji alable That after any of the bonds herein authorized are iss•.sed, this ordinance -.39- z t shall be• and remain irrepealable until the bonds and the interest thereon shall be. fully paid, cancelled, and dis- charged, as herein provided. Section 29 . Severability Clause . That if any t scction , paragraph, clause or provision of this ordinance shall for any reoscn be held to be invalid or unenforceable , the invalidity or inenforceability of such section , paragraph, clause or provision small not affect any of the remaining provisions of this ordinance. Section 30 Repealer Clause , That 11 by-laws, crc.ers , resolutions and ordinances, or parts thereof, in consisL,�nt l.erewith are hereby repealed to the extent only of such inconsistency . This repealer shall not be construed rovive any by-l.aw, order, resolution or ordinance, or part: thereof, heretofore repealed. Section 31 , E'm,�rgency Clause and Effective Date . rh3L L-his ordinance is necessary for the preservation of p•.,b Lic health , peace and safety of the inhabitants of , r.'r.c Town , and that by reason of the fact that extensions , tn1Arge:.cnts and betterments to the system are innediately r uirt•:i . t;;is c_d"2ance is hereby declared ro be an m,f•asure c;n the groir•d of urgent p;!b•lic .need. and , 2'l: LGL"Erg im-mediately •jp.,n its ad,;ption by at least a the f-illy autrcriz d members of the ­,' 2re Sc,�r'd and upor !. : s final passage this ordinance Di re:.,;r6ed in the bock of ordinances of the Town ict ;; t. r(;r tr.iit 1' irposc , authenticated by the signatures of t ` . Mayor rind 'roc,n Clerk, and shall be published it the ;i�; _ a newspaper published and of ri 2-cul .ition ::I) the Towr of Taos , in accordance with anti said ordinan shay_ be in full force and effect i1 days after sucl: plblication . P".SSED ADCPTED. SIGNED AND APPROVED this July ; 96 Mayor