Loading...
554A TOWN OF TAOS ORDINANCES YEAR: � 9 -- (n9 NUMBER: 7 ,�p lift Y J fi : .'•`hi+S; k�.�R' +ate �.�K` �, x * fl ' f.r��ry t4tJ.�tx Yt t. i Pki � gb � }nn t/w ��.Jp�p�r S;g�{fit { r � st C:� i.�i�4�,f t. :+ r �,+r' t'+•f,f��$'.�1..�,,rky k ! .� d'�r..��l �Sai �,�,�." '7'� � 't%K i�. � :§ Sy. «•r � k )x, '$. i.i s�. o• rr s�� Y`� � Qf 41, J7 t r t �1 k a i t N •'s i t.. y jr7�°w l .F4a i y Y .'t. t' 'ti < } ; .•,Yi. t t' , tf.� 'r a .. !i n f S f l 'V f }. ,/•df ..5. ..r y A a . P + r.:-� }z '�{ } °�° r s .zda l •t,a rr.� I i �`rj �P,/'r t R r : ( .r + .. � 4 r!�. .lt}'r l �� r., t ••A . �' .`,1. t, `��•�•�ir�� r Vii; ti .4 fart i�kd •��.W'1h+.4_.fj7�#{r.�'�,! ORDINANCE N0. y�`S Be it ordained by the Mayor and cotincil of ne mown of Taos , that , Whereas, the over-all activities have expanded to the point that there is now preeaing need for the services of the business manager to oversee the general operations of the Town of Taos, and, Whereas, the (o—verning body of the Town of Taos has heretofore gone on record by resolutions favoring the 'airing of a business- r,anacer , It is tl!erefore ordained that a business rnanarr-r b(> hired as soon as funds are available for this puxpoah and that a local roverni-tent division of the Statc r_)f !,ow be advised of the position of the Town in this matter to assist the Town in determining the procedure financially 4t. Reek the sexvioes of a Town manacier for the Town of Tor- Adopted a)t the Town of Taos on this the �. fl,9Alf January 1 g6 9 MAYOP Attest : 'Town clerk TOWN OF TAO ORDINANCES YEAR: I / �c 9 NUMBER,. ♦ • t { STATE OF NEW MEXICO ) COUNTY OF TAOS ) ss: TOWN OF TAOS ) The Board of Trustees of the Town of Taos, in the County of Taos, State of New Mexico, met in session in full conformity with law and the ordinances and rules of said Town on Tuesday the 19th day of August at the hour of 7:30 o'clock p. M. at Town Hall at which meeting there were present and answering the roll call the following, constitut- ing a quorum: Present: Mayor: Rumaldo Garcia Trustees: J. B. Martinez Martin Vargas Mrs. Lucille Pond Absent: Mrs. Tessie Oakeley constituting all the members of said Board. Thereupon, Trustee Pond introduced and there was read in full, the following Ordinance: -- 1 ORDINANCE NO, AN ORDINANCE RATIFYING ALL ACTION TAKEN BY AND FOR THE TOWN OF TAOS, NEW MEXICO TOWARD ACQUISITION, CONSTRUCTION, REPAIR, EXTENSION AND IMPROVEMENT OF RECREATIONAL FACILITIES: DECLARING THE NECESSITY FOR ISSUING RECREATIONAL REVENUE BONDS OF TAOS IN THE PRINCIPAL AMOUNT OF $16, 000. 00, PAYABLE OUT OF THE NET INCOME TO BE DERIVED BY SAID TOWN FROM THE NEW MEXICO CIGARETTE TAX, TO THE EXTENT PERMITTED BY LAW, FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING, REPAIRING, EXTEND- ING AND IMPROVING RECREATIONAL FACILITIES IN SAID TOWN; AUTHORIZING THE ISSUANCE AND SALE OF SUCH BONDS; PROVIDING FOR THE PAYMENT THEREOF AND THE INTEREST THEREON, AND OTHER DETAILS IN CONNECTION WITH THE ISSUANCE AND PAYMENT OF SAID BONDS; REPEALING ALL ORDINANCES, RESOLUTIONS OR PARTS THEREOF TN CONFLICT HERE- WITH; AND DECLARING AN EMERGENCY. WHEREAS, Chapter 50, Laws of New Mexico, 1968, provides for the assessment and collection of a special tax upon the sale of cigarettes sold within the said State and for a distribution of a part of such tax to the county and municipality recreational fund; and WHEREAS, Chapter 88, Laws of New Mexico, 1965, provides t:;at the proceeds of such cigarette taxes so distributed shall be used exclusively for recreational facilities within the municipalities and counties receiving such taxes, with the proviso that no such revenue shall be used for recreational facilities which exclude the use of such facilities by persons under twenty-one years of age; and WHEREAS, said Chapter 88, provides that municipalities receiving such cigarette taxes may issue revenue bonds payable solely out of the net income to be derived from such cigarette taxes; and 2 WHEREAS, The Board of Trustees of the Town of Taos has �Icw m inod to issue the revenue bonds hereinafter specified for the purpose of acquiring, constructing, extending, repairing and improv- ing recreational facilities in said Town of Taos; NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING 50D." OF THE TOWN OF TAOS, NEW MEXICO: Section 1. That all action (riot inconsistent with the provisions of this ordinance) heretofore taken by the Board of Trustees of the Town of Taos, and the officers thereof, directed toward the acquisition, con- struction, repair, extension and improvements of recreational facilities be, and the same hereby is, ratified, approved and confirmed. Section 2. That the public interest and necessity demand the acquisition, construction, repair, extension and improvement of recrea- tional facilities in the Town of Taos, Taos County, New Mexico, and it is hereby declared necessary that said Town issue its Town of Taos Recreational Revenue Bonds in the principal amount of $16, 000. 00, which bonds shall be payable solely out of the net income to be derived from the Now Mexico Cigarett'.::: Tax distributed to the Juvenile Recreational Fund of said Town and that said Town pledge, irrevocably, such net income and revenue to the payment of the bonds herein authorized, and the interest thereon, the proceeds of such bonds to be used solely for the purpose of acquiring, constructing, repairing and extending and improving said recreational facilities. Section 3. That to provide the funds and to meet the cost of such facilities, bonds of the Town of Taos, to be known as Town of Taos Recreational Revenue Bonds, Series September 1, 1969, are hereby 3 authorized to be issued in the aggregate principal amount of $16, 000. 00 pursuant to the provisic.-Ins of Chapter 88, Laws of New Mexico, 1965, a;:d all other laws thereunto enabling. Section 4. That said bonds shall be dated September 1, 1969, and shall be payable in regular numerical order without option of prior redemption on the first day of October in each of the years 1970 to 1975, inclusive, and shall bear interest payable April 1, 1970, and semi-annually thereafter on the first days of April and October, all as follows: Year Maturities Interest Rate 1970 $2, 000. 00 6% 1971 2, 000. 00 6% 1972 3-, 000. 00 6% 1973 3, 000. 00 6% 1974 3, 000. 00 6% 1975 3, 000. 00 6% Said bonds shall be in the denomination of $1, 000. 00 each, nun;bered 1 :o 16 inclusive; shall be payable, principal and interest, in lawful money of the United States of America, without deduction for e=xchange or collection charges, at the office of the Treasurer of the Town o: Taos, Taos County, New Mexico; shall be negotiable coupon bonds payable to bearer; and each of said bonds shall contain a recital that it is sued pursuant to the provisions of said Chapter 88, Laws of the State of ,�cw \icxico, 1965, and all other acts thereunto enabling, shall be signed in the name of the Town of Taos, by the Mayor and attested by the Municipal Clerk, and th-- seal of the Town affixed thereto, and the interest coupons tnoreto attached shall be authenticated by the facsimile signature of the \Municipal Treasurer:, 4 M Section 5. That said bonds and the coupons attached thereto shall be in substantially the following form, to-wit; 5 M •• UNITED STATES OF AMERICA STATE OF NEW MEXICO COUNTY OF TAOS TOWN OF TAOS RECREATIONAL REVENUE BOND No. $1, 000. 00 The Town of Taos, in the County of Taos, and State of New Mexico, hereby acknowledges itself indebted and for value received prc,m ise,-; to pay to the bearer hereof ONE THOUSAND DOLLARS on the lst day of October, 19 and to pay interest thereon at the rate o six percent (6%) per annum, as evidenced by coupons attached hereto, payable. semi-annually on the 1st day of April and October each year, commencing April 1, 1970, on surrender of such coupons as they sk:vorally become due, and thereafter, until this bond is paid. Both principal and interest on this bond are payable in lawful money of the Unl—Led States of America, free of exchange or collection charges, at the o`ficc of the Treasurer of the Town of Taos, Taos County, New Mexico, Payment of this bond and interest thereon shall be made solely from and as security for such payment there is pledged the Juvenile 11ccreational Revenue Fund of said Town, consisting of the proceeds of the New ivlexico Cigarette Tax to be distributed to said Town for such fund, all as provided in Ordinance No. 554-A adopted by the Board of Trustees of the Town of Taos, The Town of Taos covenants to pay from such income, sums sufficient to discharge, when due, the principal of and interest on the bonds of the series of which this is one. The town 6 of Taos, New Mexico, agrees with the holder of this bond and with each ..n:: every person who may become the holder thereof, that it will keep and, ):;rform all the covenants of said Ordinance. The holder of this bond may not look to any general or other fund of said Town for the payment of principal of or interest on this obligation, this bor:d be ing payable and collectible solely from the income so pledged. This bond is issued for the purpose of acquiring, constructing, r,;aairing, extending and improving recreational facilities in the Town of Taos, and is issued under and in strict compliance with the provisions of Chapter 88, Laws of New Mexico, 1965, and all other laws thereunto enaJ I ing. It is hereby certified that all conditions, acts and things required by Constitution and Laws of the State of New Mexico to exist, to have pened, and to have been performed, precedent to and in the issuance of this bond, exist, have happened and have been performed; and that the issue: of bonds of which this is one does not exceed any limitation prescribed by the Constitution or laws of the State of New Mexico. For the prompt payment of this bond and the interest thereon, t::� Town pledges the exercise of all its lawful powers. IN WITNESS WHEREOF, the Town of Taos, New Mexico, has caused this bond to be signed by its Mayor, sealed with its corporate s,;ai, attested by the Municipal Clerk, and the coupons thereto annexed to be signed with the facsimile signature of the Municipal Treasurer, as of t?-,o 1st day of September, 1969. (Do not s ign) (S 2i A L) Mayor ATTEST: !D,) nor sign) :iuipuT Cier 7 (Form of Coupon) No. On the lst day of April/October, 19 the Town of Taos, in the County of Taos and State of New Mexico, will pay to the bearer the amount shown hereon, in lawful money of the United States of America, free of exchange or collection charges, at the office of the Treasurer of the Town of Taos, Taos, New Mexico, solely from and secured by a pledge of the Fund designated in the bond to which this coupon is attached, being interest then due on its Town of Taos Recreational Revenue Bond, dated September 1, 1969, bearing No. ' (Facsimile Signature) reasurer 8 Section 6. That all of the income and revenue to be derived by the Town from said New Mexico Cigarette Tax under Section 72-14- I 1, N. vl. S. A. , 1953 Compilation, shall be placed in a .. pecial fund desio-nated the "Juvenile Recreation Fund". So long as bonds of this issue are outstanding, for the purpose of paying the interest on and c principal of said bonds, the Municipal Treasurer shall, each month, commoncing October 1, 1969, withdraw from the Juvenile Recreation Fund one-sixth (1/6) of semi-annual interest next due, and deposit the same in a special account entitled, "Town of Taos Recreational Revenue Bond, Interest and Sinking Fund, Series September 1, 1969, " in the First State Bank Taos New Mexico. The Town shall create in the First State Bank a fund to be known as the "Town of Taos Recreational Revenue Bonds, Series September 1, 1969, Reserve Fund. " On October 1, 1969 and monthly thereafter, there shall be deposited in said fund the sum of eighty-three ard' 33/100 ($83. 33) Dollars. Such monthly payments shall continue until a reserve has been accumulated in an amount of Three Thousand Dollars. The moneys in the Reserve Fund shall be accumulated and maintained as a continuing reserve to be used, except as hereinafter provided, only to prevent deficiencies in the payment of the principal of and interest on the bonds hereby authorized resulting from the failure to deposit into the Bond Fund sufficient funds to pay said principal and interest as the same accrue. No payment need be made into the Bond Fund, the Reserve Fund or both, if the amount of the Bond Fund and the amount in the Reserve Fund total a sum at least equal to the entire amount of the bonds out- 9 standing, both as to principal and interest to their respective rY,aturities, aniJ both accused and not accrued, in which case moneys in said two funds in an amount at least equal to such principal and interest requirements shall be used solely to pay such as the same accrue. If, in any month, the Town shall, for any reason, fail to pay i:,lto the Bond Fund the full amount above stipulated from the income of the Juvenile Recreation Fund, then an amount shall be paid into said Bond Fund in such month from the Reserve Fund equal to the difference bo,tweon that paid and the full amount so stipulated. The money so used sizall be replaced in the Reserve Fund from the first revenues thereafter received in the Juvenile Recreation Fund, If, in any month, the Town Shall, for any reason, fail to pay into the Reserve Fund the full amount above stipulated, the difference between the amount paid and the amount so stipulated shall in a like manner be paid therein from the first revenues thereafter received in the Juvenile Recreation Fund. The moneys in the Bond Fund and Reserve Fund shall be used solely and only for the purpose of paying the principal and the interest on the bonds issued h�reu:der. - - - The monies in the Bond Retirement Fund and Reserve Fund may bo invosted or reinvested by the Municipal Treasurer in bills, certificates, of indebtedness, notes or bonds which are direct obligations of, or the pl i::cipal and interest of which obligations are unconditionally guaranteed ` by, ti:e 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; except that federal securities in the Reserve Fund shall so be 10 subject to redemption at face value or shall mature at least fifteen clays prior to the last principal payment date of the bonds herein authorized and outstanding at the time of such investment, or not later than five years, which ever limitation is shorter, at the date of the invcstnnent. The federal securities so purchased as an investment of n,onoys in any such fund shall be deemed at all times to be a part of s:1id fund, and the interest accruing thereon and any profit realized t-.crefrom shall be credited to the fund, and any loss resulting from S u C. investment shall be charged to the fund. The Municipal Treasurer si:all present for redemption or sale on the prevailing market any f c cr .l securities so purchased as an investment of moneys in the fund 'w Inc never it shall be necessary to do so in order to provide moneys to meet any payment or transfer from such fund. If collections are not sufficient to pay principal of and interest clue on said bonds in any year, the pledge of revenue herein specified shall continue until all of said bonds shall be paid, and bonds shall continue to bear interest as carried on said bonds until paid. Section 7. That so long as any of said bonds remain outstanding r1le Town shall not issue any additional bonds having a lien on the income in said Juvenile Recreation Fund, which lien shall be superior to lien of tho bonds authorized herein. Bonds having a lien on a parity with this issue may be issued if the income of the Juvenile Recreation Fund for the fiscal year preceding the proposed issue equals or exceeds one hundred fifty por cent (1,50%) of the maximum annual principal and interest recuircments of all bonds outstanding payable from said fund, together with the maximum annual principal and interest requirements of the Proposed issue. 11 � s Nothing in this Ordinance contained shall be construed in such a manner as to prevent the issuance by the Town of additional bonds or other obligations payable from the income or any revenues derived from the operation or the recreational facilities and the New Mexico Cigarette Tax and constituting a junior lien upon said revenue, provided that the Town is current in its payments on all bonds outstanding and reserve fund requirements. Section 8. That the bonds herein authorized shall be sold and delivered to Stern Brothers & qo. , Albuquerque, New Mexico, for cash, at par plus accrued interest. The proceeds from the sale a the bonds shall be deposited promptly in a separate account in the First State Bank and such proceeds shall be used solely for the purl;oses specified in this Ordinance. Section 9, That on•written request the Town shall furnish Stern Brothers & Co. complete operating and income statements of the said Juvenile Recreational Fund, in reasonable. detail, covering any designated period, and within ninety days after the close of each fiscal year, the Town shall cause to be prepared a complete financial audit of said Fund covering said fiscal year, such audit to be certified by an independent registered or certified public accountant. A true and correct copy of such audit shall be prepared in accordance with generally accepted auditing standards and shall show, among other things, whether or not the Town has complied with all of the requirements of this Orci;.:Aance. Section 10. That the provisions of this Ordinance shall constitute a contract between the Town and the owners and holders of said bonds or any of them, and such owners and holders or any of them may compel compliance with such provisions in any court of competent jurisdiction. 12 Section 11. That if any one or more sections or parts of this Ordinance shall be judicially held to be invalid or unenforceable, such judo-nzent shall not affect, impair or invalidate the remaining provisions o 4his Ordinance, the intention being that each provision hereof is scvcrabie. Section 12. That the officers of said Town are hereby authorized and directed to execute and deliver all requested certificates, affidavits an,J documents relating to the bonds authorized herein and the security ti-iereof, and to take all steps and proceedings, necessary to fully carry out the intend and purpose of this Ordinance. Section 13. That all ordinances, resolutions or parts thereof, in conflict or inconsistent herewith are hereby repealed to the extent only of such conflict or inconsistency. Section 14. That this ordinance shall be and remain irrepealable until the bonds authorized herein and the interest thereon shall have been iuliy paid, satisfied and discharged as herein provided. Section 15. That this Ordinance is declared an emergency measure on the ground of urgent public need, and it shall go into effect five days after its publication in its entirety. This. Ordinance was adopted by a two-thirds vote of all members Clected to the Board of Trustees at a meeting'of the Board of Trustees held on the 19th day of August 1969, and approved by the Mayor on Said ca,"te. APPROV � t Mayor (SEAL) ATTEST: l�r?; 13 It was then,moved by Trustee Pond and seconded by Trustee Vargas that all rules of this Board which, unless suspended, might prevent the final passage and adoption of said Ordinance i at this meeting, be and the same hereby are suspended. The question being upon the adoption of said motion and the suspending of the rules, the roll was called and the following results: Those voting AYE: J. B. Martine, Martin Vargas Mrs. Lucille Pond Those voting NAY: NONE Three members of the Board of Trustees having voted in favor of said motion, the presiding officer declared said motion carried and the i' rules suspended. Trustee Martinez then moved that said Ordinance be finally passed and adopted. Trustee Vargas seconded the motion. The question being upon the passage and adoption of said Ordinance, the roll was called with the following results: i Those voting AYE: J. B. Martinez Martin Vargas ; Mrs. Lucille Pond Those voting NAY: NONE Tree Mayor declared the motion passed. 14 J v w f I j The Mayor thereupon declared that a two-thirds majority of all the members of the entire Board of Trustees voted in favor thereof, the said motion was carried and the Ordinance duly passed and adopted. On motion duly adopted, it was ordered that said Ordinance be numbered 554-A , and, after approval by Mayor, be published in its entirety in the Taos News, a newspaper published and of general cir- culation within the Town of Taos, State of New Mexico. After consideration of unrelated business, the meeting was, on motion duly made and seconded, adjourned. DATED at Taos, New Mexico this 19th day of August , {2 - { 1969. Mayor (S E A L) ATTEST: Clerk 15 r d' STATE OF NEW MEXICO ) COUNTY OF TAOS ) ss: 1 J W N OF TA OS ) I, the duly chosen, qualified and acting Clerk of the Town of Taos, Mew 1\11exico, do hereby certify: 1. That the foregoing pages numbered from 1 to 15, inclusive, constitute a full, true and correct copy of the record of the proceedings t4'kc!n by the Board of Trustees of said Town at a special meeting thereof, l:c1c; on the 19th day of August 1969, insofar as said minutes relate to Ordinance No. 554-A copy of which is herein set forth, that said Copy of said Ordinance as contained in said minutes is a full, true: and correct copy of the original of said Ordinance as passed by two-thirds of the duly autho-, ized members of the entire Board of Trustees at said meeting. 2. That said original Ordinance has been duly authenticated by the signatures of the Mayor of the Town of Taos and myself as Munic,pal Clerk, sealed with the corporate seal of said Town signed and Npproved by the Mayor thereof, and recorded in the book of Ordinances of said Town kept for the purpose in my office, which record has been duly signed by the said officers and sealed with the seal of said Town. 3. 'ghat the Mayor and 3 members of the Board of Trustees w!rc present at said meeting, and that the members of said Board of T."U.LOUS voted on the passage of said Ordinance as in said minutes set forth. 16 z 4. That no other action was considered or taken in connection with the Town's recreation revenue bonds. IN WITLESS WHEREOF, I have hereunto set my hand and the seal of said Town of Taos, this 19th day of August , 1969. Clerk (S E A L) i 17 W any.rer< �1 t Hui-e attach Affidavit of Publication of Oj-dinalice 1 LEGAL ADVERTISEMENT »--1- Affidavit of Publication ORDINANCE NO. 554•A »...... AN ORDINANCE RATIFYING ALL ACTION TAKEN BY AND FOR State of New Mexico, THE,TO*N OF TAGS. NEW MEX- 1C0 TOWARD ;ACQ-UISITION, $5• CONSTRUCTION, REYPA% EX- County Of Taos TENTION AND ,IMPROVEMENT OF RECREATIONAL,FACILITIES:' DECLARING T H•E ..NECESSITY Ke i th Green FORISSUING RECREATIONAL I,.....»......................................................-....»......»....»..........»....»...............-....................»....»..». REVENUE BONDS OF TAOS IN THE I'RIN AYAL .AMOUNT OF being first dui sworn, declare and say that I am the (Business Manager) Editor of the $1600o.W PAYABLE OUT OF THE 8 Y Y $ ) ( ) NET IN8OME TO g�� DERIVED Taos News BY SAID TOWN FROM:.THE NEW MEXICOCIGARETT$ TAX TO ................................................................................_.................................................................0 a weekly newspaper, THE EXTENT. P ff' TEB BY LAW,FOR THE PU�O -OF AC- published in the English Language, and having a general circulation in the City and County QUIRING, `CON RE CT G RE- PAIRING E�,,''��''END (�}} ANip IM- of Taos, State of New Mexico, and being a newspaper duly qualified to publish legal notices PROVIDNO RIE 9'IONAL FA- CILITIES SAZ AUTH- and advertisements under the provisions of Chapter 167 of the Session Laws of 1937; that the ORIZING I'tE CIE AND SALE OF UCH ••'PROVID- publication, a copy of which is hereto attached, was published in said paper once each week ING FOIL Ziff l THERL''- OF AND THE THERE- ON AND* a AILS IN one ON- o " E Issv- for............................................consecutive weeks, and on the same day of each week in the regular ANCE A T'OF SAID BONDS•: 8P G .ALL OR- issue of the paper during the time of publication, and that the notice was published in the DINANOES R LUTIONS OR PARTS TI•{FAEOF IN' CONFIACT HEREWITH °'AND DECLARING newspaper proper, and not in any supplement, once each week for.........9n 9......................weeks AN EMERG NCY.pptt' of WHEREAS,ica Chapter 50, Laws r provides for the assessment and collection of a consecutively, the first publication being on the....2.i3.th......day of........AWms..t......................... special tax upon the sale of cig- arettes sold within the s��aid State of su h tax Itorlbheiocodhty and 19.69.., and the last publication on the..2A h.......day of......AIIGUS I...I...................... and icipailty recreational fund; that payment for said advertisement has been (duly made) or (assessed as court costs); that ofWNewezleohap1985,88,rovides the undersigned has personal knowledge of the matters and things t forth in this affidavit. that the proceeds of such cig- arette taxes so distributed shall be used exclusively for recrea-.L tional facilities within the munl- clpalltles and counties receiving; » ouch taxes, with the proviso that » ................ no such revemte shall be used for It Editor-Manager recreational facilities which ex- clude the use of such facilities by persons under twenty-qne .>j » Subscribed and sworn to before me this..........29..ih.................. years vt age; and WHL•REAS, said Chapter 88, provides that municipalities re- a- celving such cigarette taxes may a" Au r'u.-t Issue revenue bonds payable sole- day of........ ..................�1......................... �.,A.D., 19. F?,� ..y ..... .......... 1y out of the net Income to be derived from such cigarette tax- (; 7G 1 - . .............................................................K.....�.... sued n the a gate nc p amount of 516, 00 ppursuant to ion PL the Provision; of Cha ter 8d annual In(;erest nest ue., and de- Laws of New Mexico, 1985 and i aU other laws thereunto enabling posit the same to a special ac- It 4. That said bonds shall count entitled "Town of Taos F'. be dated September 1, 1969, and Recreational Wevenue Bond, In-'t! shall be payable in regular num- terest and Sinking und, Serles •'� erical order without option of gri- = September 1, 14169,' In the First.tzj,: or redemption on the first day State Bank, Taos New Mexico. YR Of October In each of the years The Town shalt create in the s 1970 to 1975, inclusive, and shall First State Bank a fund to be bear Interest payable April 1, known as the "Town of Taos Rec- t reatlonal Revenue Bonds, Serles '' after, and aefi-annually there) September 1, 1969, Reserve Fund." after on the first days of April ��"�" and October, all as follows: On October 1, 1969 and month- >; Year maturities Interest hate ly'thereafter, there shall be de-;:, 1970 $2,003,01) 6 5 Footled In said fund the sum of 1971' 2,000,00 6% elghty-three and 33/100 (383.33)';: 1972 31000,00 6% Dollars. Such monthly payments i 1971 31000,00 .6% shall continue until a reserve has 1974 3,000,00 6% been accumulated In an amount n, 1975 3,000,00 0% of Three Thousand Dollars. The :. Sald bonds shall be In the de- moneys in the Reserve Fund shall a_r nomination of$1,000.00 each, num- be accumulated and maintained r bered 1 to 16 inclusive; shall be as a continuing reserve to be payable, principal and Interest in used, except as hereinafter pro- lawful money of the United Slates vided, only to prevent deficiencies } of America,without deduction for in the payment of the prinelpal exchange or collection charges, at of and interest on the bonds here- the Office of the Treasurer of the by authorized resulting from the , Town of Taos, Taos County, New failure to deposit into the on Mexico; shall be negotiable cou- t Fund sufficient funds to pay said Pon bonds payable to bearer; principal and interest as the same and each of sal bonds shall con- accrue. fain a rental that 1t !a issued :_' No payment need be made into the Bond Fund, the Reserve Fund Pursuant to the provisions of said "hapter 88, Laws of the State of;- or both, if the amount of the New Mexico, 1965, and all other Bond Fund and the amount In the acts thereunto enabling, shall bet Reserve Fund total a stem at signed In the name of the Town t least equal to the entire amount Of Taos, by the Mayor and at-,• of the bonds outstanding, both as tested by the Atun>clpal Clerk, ; to principal and Interest to their An�•] IO, and the Lh.,Town affixed r spective maturities, and both I'thereto and the interest couppopns 'aecured and not accrued. In . thereto attached shall be authen- ' which case moneys In said two Of t ed by the tarsimlfe signature 1 funds In an amount at least equal of the Aiuhlclpal Treasurer. to such principal and Interest re- the coupons LLnehsa"Id cue dx and. qulnements shall be used solely to ay such as the same accrue.�• be In substantlaily the following if, in any month, the Town , form, to•tvlt. shall, for any reason, fall to pay VNITF,1) SiATF,R OF AMRRICA into the Bond Fund the furl U STATM OF NF.11' YfF.%ICO amount above stipulated from the •tY uo COUNTY OF TAOR t' income Of the Juvenile Recreation 'fa tin, T011,N OF TAO,9 Fund, then an amount shall be 'vile IIRCRi3ATIONAt, RByENiJE Paid Into said Bond Fund In such pass NO--- BOND month from the Reserve Fund Jo sit: 31,000.00 ;i equal to the difference between viol,. The Town of Taos in the Co, that paid and the full amount so uvaatt tyy of Taos, and Slate of Neny stipulated. The money so used paaaa self in. hereby acknowledges it- j shall be replaced 1n the Reserve Aopu sett Indebted ar,1 for value re. Fund from the first revenues via, celvcd promise, to pay to the � thereafter received in the Juve- 'dvzvl bearer hereof nile Recreation Fund. If, in any ltua ONE TIiOUSAND DOLLARS month, the Town shall, for any vuli On the 1st day of October, 19 reason fall to pay into the Re- aiswt and to pay Interest thereon at the : serve Fund the full amount above btlue! nt rate of six Perce (6%) per an- stipulated, the difference be- saga, num, as evidenced by coupons ; tween the amount paid and the elq attached hereto, payable semi-a».; amount 8o stipulated shall in a ojp, nosily on the 1sL day of April and like manner be paid therein from ulUp October each year, commencing the first revenues thereafter re- Aprii 1, 1970, on surrender of relved in the Juvenile Recreation 1r(l such coupons as they severalty , Fund. The moneys in the Bond tmj; become due, and thereafter, until Fund and Reserve Fund shall be anus' this hood 1s paid, Roth princtpat used solely and only for the pur- and Interest on this bond are_pay pose of paying the principal and sslo i able Jn Jawful money of the Untt- the interest on the bonds Issued Rath_ ed States of America, free of ex- . hereunder. 'rapur change or f the charges, At The moates in the Bond Retire- Inns' the oftlre of the Treasurer of the. ment Fund and Reserve Fund Town of Taos, Taoa County, New may be Invested or reinvested by lattre ]11e�lco, the :Municipal Treasurer In bills, jig, 1%rnent of this bond and inter•` cert'alcates, of Indebtedness, notes ui eat thereon shaft be shade solely or bonds which are direct obliga- tOl a from and as security for such tions of, or the principal and a� Payment there is pled interest of which obligations are venue Rcereatlona[ Revenue�F'und a3, {! unconditionally guaranteed by, the 'uen Of said Town, consistln of United States of America, �vhlch van+ Proceeds of the New rtextco CI a shall ue aublect to redemption at nob arette Tax to be distributed t� _face value by the-holder thereof said ied i for such tuna, all as at the option of such holder, or provided In or NO, 554•A which shall mature not later than adopted by the Board of Trustees , eighteen months from the date of of the Town of Taos The Town such Investment; except that fed- H Of Taos convenants to p era] securities to t.m Reserve. SIt such Income, sums autticT from y Fund shalt so be aublect to re-IIfI discharge, when due, the to ' demptlon at face value or shall I Pal of and Interest on the princl mature at least fifteen days prior( 6f Of the series of which this 11,one to the last prinelpal payment date The town c?f Taos, New :llexico, of the bonds herein authorized agrees with the holder of this and outstanding at the time of + bond and with each and ever such Investment, or not later than Person who may become the hot five years, which ever limitation er thereof that it 11.111 Beep apd is shorter, at the date of the in- Y perform all the cove»ante of sold 1; vestment. The federal securities Ordinance, so purchased as an Investment of The holder of this bond may moneys !n any such fund shall be not look to any, general or other deemed at all times to be a part fund of sold 1 of said fund, and the Interest ac- meat of rinclppal ofoortInterest truing thereon and any profit on this oellgatlon, this bond be- realized therefrom shall be cred- i :( Ing Payable and collectible sole- lted to the fund and any,loss re- ly from the Income•Sp pledged, sulting from such investment shall I; Th1a bond is issued for the pUr- he charged to the fund. The Mu- Pose t of, ecquirt � ,: etructing, ntelpal Treasurer shalt present for Ing repairing, t ding`+�f►d Ihiprov. redemption or sale on the prevaft- t fag recreational tacllitits in the ing market any federal securities = Town of Taos. grid Usfl�ued un- so purchased as an Investment Of I d� silo in strict comp]lance 111th . tics pros/afona of Chapter R8 La11s moneys n the fund whenever 1t of.N t shall be necessary to do so in Or- Of 1865, and all other der to provide moneys to meet 31 N.'4nto etlabllpr any payment or transfer from . i'etrl,y rerilflctf that such land. J °opd'Itots. is and thin fl11' `.' It collections are not sufficient quired by the ga, rc• to pay prinelpal of and lnterrst 1 `o w.s Constltutlon and ;" due on said bonds in any year, of the State of New -text• `'' the pledge of revenue herein to fxfKr. t° flute happiened, ; and to have beep perforated, specifled shall continue until all *> Cedent to and In the Is%ua , tire- 'of said bonds shall be paid. and this hO»d, exist, have happened bands.shall continue to bear Inter- " and hate been performed• and est as carried on said hoods un- that the Issue of bands of which tll paid. this is uhe doPK not exceed „»�, Section 7. That so long as any limitation prescNt•rd by the Cori• �of said bonds remain outstanding st,tuUrn ,,r laws of the State of Ithe Town shall not Issue any ad- z Nr'w Maxlco. g; ditionai bonds having a lien on For the he I t onvment or tnle the income in 'said Juvenile Rec- reation bond and the fat teat thereon, t;i;, Fund, which lien shall be p,edtres the exercise of ail ' superior to lien of the bonds au- IN)A11•illl ORwers. 'thorized herein. Bonds having a If` N1T`�� WIjERI;OF, lien on a parity with this Issue Turin of Taua, New Mexico, tja� may be Issued if the Income of roused this bond to be signed by the Juvenile Recreation Fund for its MAY(', sealed 1%40 Its corpor• the fiscal year preceding the pro- ate aeul, attested by the -funs l_ posed issue equals or exceeds one pal C'cc,c, and the e„upons the e• hundred fifty per cent (150%) of f, annexed to be signed with the the maximum annual principal r 1110palii7re.surerre ayr»r he tfu• and Interest requirements of all day of September, t the !et t bonds outstanding payable from ; Lu not sign) 969, - said fund, together with the Max. All Imum annual Ordinance pal and Inter- (S FA�,) est requiremer the proposed AT't�c issue. +1, Nothing in t con- e tamed shall be construed in auch a manner as.to prevent the Is- _. - -•---< . .... Town of additional STATE 011 NIEW M E X I C 0 ) COUNTY Ol{ "l.'Y\OS ) ss: TOWN 01.-� TA OS > 1�ach of tho undersigned, being first duly sworn, on oath deposes and says: 1 . That they are, respectively, the Mayor, Clerk and Treasurer of the Town of Taos, Taos County, New Mexico, 2. That the Town of Taos , New Mexico was duly incorporated under the genral laws of the State of New Mexico, in the year 1934; that there is no litigation threatened or pending concerning the validity of such incorporation or the right of any of the officers of said Town to hold his respective position. 3. That from the day of 1969, up to and including the date of this affidavit, the fo l wing have been and now are the duly elected or appointed officers 'of said Town, to-wir: Mayor: Rumaldo Garcia Trustees: J. B. Martinez Martin Vargas Mrs. Lucille fond Mrs. Tessie Oakeley Clerk: Carolyn R. Parr Treasurer: Carolyn R. Parr 4. "That the gross revenues derived from the state cigarette tax distributed to said Town for the last fiscal year were $ 6. o d S. That there are no liens or encumbrances of any kind or nature against the revenues to be derived from said cigarette tax, except these prescribed in the Ordinance of said Town, authorizing the Recreational 19 Revenue Boni.1s, dated September 1, 1969, in the principal amount of 16, 000. 00. 6. That there is no litigation threatened or pending relating hi any way to the validity of said Recreational Revenue Bonds, or any of thCm, or the right of the Town to construct, extend, repair and improve recreation facilities of said Town with the proceeds of said bonds, or to receive revenues out of which said bonds and the interest thereon shall be paid. Mayor er h �sfi ���✓ ' reasurer Subscribed and separately sworn to before me this day of 1969. Notary Oblic My commission expires: S - ,:?y- 73 20 .Jp SIGNATURE CERTIFICATE I, the undersigned, do hereby certify that I am personally aeduaintod with Rumaldo Garcia, Mayor and Carolyn R. Parr, Clerk and 'Treasurer of the ']'own of Taos, New Mexico; that I know the above mentioned officers held their vespective positions on the date of the eXCCUtion and delivery of that certain issue of Recreational Revenue Bonds, dated September 1, 1969, of the Town of Taos, New Mexico, consisting of 16 honds in the denornination of $1, 000. 00 each, numbered from 1 to 16, inclusive, and maturing on the 1st day of October, in the years 1970 to 1975, inclusive. I further Certify that I am acquainted with the signatures of said officials and know that the signatures appearing on said bonds are the signatures of said officials, respectively and that said officials have to this certificate subscribed their respective signatures and affixed the seal of said Town, as follows: , Mayor i Jerk '1.'rcasurc Signed and Certified this y� day of 1969. First State Bank of Taos j Taos, New Mexico (BANK SEAL) B y Assistant Vice Presirbnt 21 STATE' OF NE,W MEXICO )1 COUN'CY 013 TA OS ) ss: TOWN 01? TA OS ) It is hereby certified by the undersigned, the duly qualifed and Acting; T]-easurer of the Town of Taos, New Mexico, that on the day Of 1969, said Town delivered to Stern Brothers and Co. , its Recreational Revenue Boixls, dated September 1, 1969, in the pri ncipal amount of $16, 000. 00 consisting of 16 bonds in the denomination of $1, 000. 00 each, slumbered from I to 16, inclusive, and said City acknowledges receipt of the agreed purchase price, as follows: Principal $16, 000. 00 Accrued Interest y Premium NONE Total s.ILo a g .2d IN WITNESS WHERE0F,. he has hereunto set his hand at Taos, New Mexico, this day of r , 1969.I'L Treasur (S E A L) 22 The TOWN OF TAOS, ON OCT. 1, I' The TOWN OF TAOS, — ON APR. 1, ?? in lire County of Taos and State of New Mexico, will pay to the tearer the in the County of Taos and State of New Mexico, will pay to the bearer the amount shown hereon, In lawful money of the United Slates of America, tree 1975 amount shown hereon, In lawful money of the United States of America, free 1975 of exchange or collection charges at the office of the Treasurer of the Town ;f of exchange or collection charges at the office of the Treasurer of the Town of Taos, Taos, New Mexico, solely from and secutld by a pledge of the Fund J of Taos, Taos, New Mexico, solely from and secured by a pledge of the Fund t designated in the bond to which this tarpon is attached, being Interest then $30.00 designated in the bond to which this coupon Is attached, being Interest then 1.30.00 due on ill due on Its $ t�JpT _E�t1 J TOWN OF TAO dter S�t M r 1�9 fbe r t( NO ��t TOWN OF T datett efi4eiSibbl,�f, . Ef�ar�li 0.J. 7� Treasurer No. 12 Treasurer No. 11 '; The TOWN OF TAOS, -- ON OCT. 1, The TOWN OF TAOS, in the County of Taos and Stale of New Mexico, will pay to lire bearer the in the County of Taos and Stale of New Mexico, will pay to lire hearer the amount shown hereon, In lawful money of the United States of America, free amount shown hereon, in lawful money of the United Stales of Americ.s, free of exchange or collection charges at the office of the Treasure of the Town 1974 of exchange or collection charges at the office of the Treasurrr of the Town 1974 y of Taos, Taos, New Mexico, solely from and secwed by a pledge of the Fund %1 of Taos, Taos, New Mexico, solely from and secured by a pledge of the Fund e designated In the bond to which this coupon is attached, being Interest then $30.00 designated in the bond to which this coupon Is attached, being interest then 30.00 due on its _ m! on Ih TOWN OF TAO E NAkrftE Nflriy TOWN OF TAO A rRPVB U D� z daEd S rem r,l�1�i9 e NQt date S�nI j�96�9, My i O�� ".. Treasurer No. 10 /Treasurer No. 9 The TOWN OF TAOS, ON OCT. 1, r —V The TOWN OF TAOS, ON APR. 1, :? in the Comfy of Taos and State of New Mexico, will pay to the bearer the in the teounlY of Taos and State of New Mexico, will pay to the bearer the amount shown hereon, in lawful money of the United Stales of America, free amount shown hereon, in lawful money of the United States of America, free of exchange or collection charges at the office of the Treasurer of the Town 1873 of exchange or collection charges at the office of lire Treasurer of lire Town 1973 of Taos, Taos, New Mexico, solely from and secured by a pledge of the Fund of Taos, Taos, New Mexico, solely from and secured by a pledge of the Fund designated In the bond to which this coupon Is attached, being Interest then $30.00 designated in the bond to which this coupon Is attached, being Interest then e'0.00 due on its due on its TOWN OF Tdac�SC m�l r Ai9, et+ � ; `r TOWN CF TAO �Ci{E Ti�}(1A HVE U+ ( VD' A {� dat�_4tmtt,lexe81 NO��' Treasurer No. 8 Treasurer No. 7 The TOWN OF TAOS, ON OCT. 1, ;F The TOWN OF TAOS, ON APR. 1, in the County of Taos and State of New Mexico, will pay to the bearer the -? in the County of Taos and Stale of New Mexico, will pay to the hearer the amount shown hereon, In lawful money of the United Slates of America, tree amount shown hereon, in lawful money of the United States of America, free of exchange or collection charges at the office of the Treasurer of the Town 1972 rr of exchange or collection charges at the office of the Treasurer of the Town 1972 of Taos, Taos, New Mexico, solely from and secured by a pledge of the Fund of Taos, Taos, New Mexico, solely from and secured by a Pledge of the Fund designated in the bond to which this coupon is attached, being interest then $30.00 designated in the bond to which this coupon Is attached, being interest then $30.00 due on its due on it. I TOWN OF TAOd E (Ai1bNAf RtV I N TOWN OF TAO WATIl'�pAly �VE]�1UE da*�i! S Yem1 Ar lx,1969 e N� t dab Itlfmhor x,'• 969, Vfea�f I lO"ri ; Trr�«uer No. 6 Treasurer No. 5 �c C" The TOWN OF TAOS, ON OCT. 1, i� The TOWN OF TAOS, ON APR. 1, in Uu• County of Taos and Slate of New Mexico, will pay to the bearer the in the County of Taos and State of New Mexico, will pay to the bearer the ' amount shown hereon, in lawful money of the United Slates of America, free 1971 amount shown hereon, in lawful money of the United Stales of America, free 1971 of eWiangr or collection charges at the office of the Treasurer of the Town D of exchange or collection charges at the office of the Treasurer of the Town of Taos, Taos, New Mexico, solely from and secured by a pledge of the Fund x of Taos, Taos, New Mexico, solely from and secured by a pledge of the Fund designated In the bond to which this coupon is attached, being Interest then $30.00 designated in the bond to which this coupon Is attached, being interest then $30.00 due or, is due on Its TOWN OF TAOI, E IZI A1r"095'V�IU t 67'7 j\L' TOWN OF TA0 EdRtATF6f0Ata R$V l( } D��L;t T' ' datcS em6n ,l'y"J969��cl� Ot � dat�ejSePt6mr.11969, eaxiOy.` Treasurer No. 4 / Treasurer No. 3 f' I+ The TOWN OF TAOS, ON OCT. 1, I' The TOWN OF TAOS, ON APR. 1, in the County of Taos and Stale of New Mexico, will pay to the bearer the ;; in the County of Taos and Slal! of New Mexico, will pay to lire bearer the amount shown hereon, In lawful money of the United States of America, free 1970 = amount shown hereon, In lawful money of the United States of America, free 1970 of exchange or collection charges at the office of the Treasurer of the Town ,� of exchange Cr collection charges at the office of the Treasurer of the Town st of Taos, Taos, New Mexico, solely from and sKuied by a pledge of the Fund r1 of Taos, Taos, New Mexico, solely Iron and secured by a pledge of the Fund r. designated in the bond to which this coupon Is attached, being Interest then $30.00 designated In the bond to which this coupon is attached, being interest then $35.00 due on its _ due on Its TOWN OF TAO EQFF�A AItrRE tl � ,J� 1 TOWN OF TAGS C A�;�ftfgFOV� U ss da� Slkmiti969eC!�t ti datSm '1'� 'Ie° � 17"1a 1 c.. Treasurer No. 2 r Treasurer No. 1 f 1 Ti\ I r 1 UNITED STATES OF AMERICA I nEb� O STATE OF NEW MEXICO ! N2 COUNTY of TAOS j TOWN OF 'LAOS ,t RECREATIONAL REVENUE BOND The Town of Taos, in the County of Taos, and State of New Mexico, �h hereby acknowledges itself indebted and for value received promises to pay to the bearer hereof ONE THOUSAND DOLLARS on the 1ST DAY OF OCTOBER, I � and to pay interest thereon at the rate of six percent (6%) per annum, t as evidenced by coupons attached hereto, payable semi-annually on the 1st day of April and October each year, commencing April 1, 1970;.on surrender of suo,coupons as they siverally become due, And thereafter, y until this bond is paid. Both'pflncipal and Interest`on this bons(af6 payable o lawful riitbley'fif#h0 united �r , v States of.America,;free of e>Schitfge or collection ch4fges; at th�.tiif(ce of th�T;easuref of#tie T6wp of;;Taos, j Taos County,New Mexico r Payment of this bond and interest thereon shalt bemade solely from;and as security;fgr such',pp�*ent ,�►� there Is pledged;#h6 tuveni10 Recmationit R' r nue fiiod;of said'T "n consisti�jg of the;orodeeds of Cite New Mexico.digdrettei fax to be distributed to t64 Town for'such fund, all as provided in;Ordipence No;�S54 A adopted tiyi,the Board of Trusteos of the Tue/n'of Taos The Towp Of,T6os covenafitts to poy; rem sui hArtaome, I sums§uffictent�to discharge,'when due tti6 principal M,And interest' thg bons of the Set(es of whhi l'i this .rr is one. The"TowA of Taos, New Mexico agrees'with the holder of this bond end'with eaehsind every,;lferson who may',9COh7e the holder,thereof, that it Will keep and perfortTi a1l`the covenants of said DrdmanCrt6 !rr Thy`bolder,of this bond;may not lo,,te any genital or:6thef;fund Af said Town for the payirSent of � prmdpel'of or 666st on this obligation, this bond being paym 4nd collectible solely from the income so pledged, j This.bond is,;issued If the" purpose.:,of, acquiring, constdticthf�, repairing, extending and tr»{t(oving ., recreational faeiiiti6s in the Town of Taos,"44is issued under and in strict compliance with the provisions of Chapter 88,Laws of New MexiCO,:1965,aqd 81f other lvs thereunto enabling ` " ;i •� 'i b It is hereby certified that $40 conditions , ',things e y" li ahtf ngs rquired bte" onstitusiid Lairs of IFS r„ C tion� f th !)►er Stl,to of New Mexico t� exist, to have happened, and to have been performed, precedent to and in the issu- ance of this bond, exist, have happened and have been performed; and that the issue of bonds of which this is one does not exceed any limitatio- p,,scribed by the Constitution or laws of the State of New Mexico. .I for the prompt payment of this and the interest thereon, the Town pledges the exercise of all its •� lawful powers. Vljr IN WITNESS WHEREOF, the Town of Taos, New Mexico, has caused this bond to be signed by its Mayor, ., sealed with its corporate seal, attested by the Municipal Clerk, and the coupons thereto annexed to be � signed wlih the facsimile signature of the Municipal Treasurer, as of the 1st day of September, 1969. T ATTEST: I i I .............................................................. Ma or L� Municipal Clerk Y I � ' ��(fr(r� 11�, r"�4�' �IR W�'� tiY- +'Vtu', � r,+',.»'`it6�� �4.'rd?''''+t��,''i'r•�`4`uf5�lga�i:!,� •. �... _,_,may._ .. _.-.T N- . UNITED STATES OF AMERICA STATE OF NEW MEXICO j COUNTY OF TAOS { TOWN OF TAOS .� AIM RAM i I '! 6% h a RECREATIONAL REVENUE BOND X14. DATED SEPTEMBER 1, 1969 I ! DUE OCTOBER 1, r INTEREST PAYABLE APRIL 1 AND OCTOBER 1 COMMENCING ON APRIL 1, 1970 � I PRINCIPAL AND INTEREST PAYABLE AT THE OFFICE OF THE TOWN TREASURER ' TAOS, NEW MEXICO �� STATE OF NEW MEXICO COUNTY OF TAOS ) ss: TOWN OF TAOS ) The Board of Trustees of the Town of Taos, in the County of Taos, State of New Mexico, met in session in full conformity with law and the ordinances and rules of said Town on Tuesday r the 19th day of August at the hour of 7:30 o'clock P. M. at Town Hall at which meeting there were present and answering the roll call the following, constitut- ing a quorum: Present: Mayor: Rumaldo Garcia _ Trustees: J. B. Martinez Martin Vargas Mrs. Lucille Pond Absent: Mrs. Tessie Oakeley con$riiuting all the members o. said Board. � Thereupon, Trustee Pond introduced and there was read in full, the following Ordinance: ORDINANCE NO. 554-A AN ORDINANCE RATIFYING ALL ACTION TAKEN BY AND FOR THE TOWN OF TAOS, NEW MEXICO TOWARD ACQUISITION, CONSTRUCTION, REPAIR, EXTENSION AND IMPROVEMENT OF RECREATIONAL FACILITIES: DECLARING THE NECESSITY FOR ISSUING RECREATIONAL REVENUE BONDS OF TAOS IN THE PRINCIPA L AMOUNT OF $16, 000. 00, PAYABLE OUT OF THE NET INCOME TO BE DERIVED BY SAID TOWN FI:OVI THE NEW MEXICO CIGARETTE TAX, TO THE EXTENT PERMITTED BY LAW, FOR THE PURPOSE OF ACQUIR LNG, CONSTRUCTING, REPAIRING, EXTEND- ING AND IMPROVING RECREATIONAL FACILITIES IN SAID TOWN; AUTHORIZING THE ISSUANCE AND SALE OF SUCH BONDS; PROVIDING FOR THE PAYMENT THEREOF AND THE INTEREST THEREON, AND OTHER DETAILS IN CONNECTION WITH THE ISSUANCE AND PAYMENT OF SAID BONDS; REPEALING ALL ORDINANCES, RESOLUTIONS OR PARTS THEREOF IN CONFLICT HERE- WITH; AND DECLARING AN EMERGENCY. WHEREAS, Chapter 50, 1,:ws of New Mexico, 1968, provides for the assessment and collection of a special tax upon the sale of cigarettes sold within the said State and for a distribution of a part of such tax to the county and municipality recreational fund; and WHEREAS, Chapter 88, Laws of New Mexico, 1965, provides that the proceeds of such cigarette taxes so distributed shall be used exclusively for recreational facilities within the municipalities and counties receiving such taxes, with the proviso that no such revenue shall be used for recreational facilities which exclude the use of such acilities by persons under twenty-one years of age; and WHEREAS, said Chapter 88, provides that municipalities receiving such cigarette taxes may issue revenue bonds payable solely out of the net income to be derived from such cigarette taxes; and 2 WHEREAS, The Board of Trustees of the Town of Taos has doLern-i incd to issue the revenue bonds hereinafter specified for the purpose of acquiring, constructing, extending, repairing and improv- ing recreational facilities in said Town of Taos; NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF' THE TOWN OF TAOS, NEW MEXICO: Section 1. That all action (not inconsistent with the provisions of this ordinance) heretofore taken by the Board of Trustees of the Town of Taos, and the officers thereof, directed toward the acquisition, con- ; struction, repair, extension and improvements of recreational facilities be, and the same hereby is, ratified, approved and confirmed. Section 2. That the public interest and necessity demand the acquisition, construction, repair, extension and improvement of recrea- tional facilities in the Town of Taos, Taos County, New Mexico, and it is hereby declared necessary that said Town issue its Town of Taos RL.!Creational Revenue Bonds in the principal amount of $16, 000. 00, \vhic'n bonds shall be payable solely out of the net income to be derived from tine New Mexico Cigarette Tax distributed to the Juvenile Recreational Fund of said Town and that said Town pledge, irrevocably, such net income and revenue to the payment of the bonds herein authorized, and the interest thereon, the proceeds of such bonds to be used solely for the purpose of acquirinb, constructing, repairing and extending and in;proving said recreational facilities. Section 3. That to provide the funds and to meet the cost of such facilities, bonds of the Town of Taos, to be known as Town of ' Taos Recreational Revenue Bonds, Series September 1, 1969, are hereby 3 t authorized to be issued in the aggregate principal amount of $16, 000. 00 pursuant to the provisions of Chapter 88, Laws of New Mexico, 1965, and all other laws thereunto enabling. Section 4. Tha,- said bonds shall be dated September 1, 1969, and shall be payable in regular numerical order without option of prior redemption on the first day of October in each of the years 1970 to 1975, inclusive., and shall bear interest payable April 1, 1970, and semi-annually thereafter on the first days of April and October, all as follows: Year Maturities Interest Rate 1970 $2, 000. 00 670 1971 2, 000. 00 67 1972 3, 000. 00 6% 1973 3, 000. 00 6% 1974 3, 000. 00 6% 1975 3, 000. 00 6% Said bonds shall be in the denomination of $1, 000. 00 each, ~� numb.-rod 1 to 16 inclusive; shall be payable, principal and interest, in lawful money of the United States of America, without deduction for exchange or collection charges, at the office of the Treasurer of the Town of Taos, Taos County, New Mexico; shall be negotiable coupon bonds payable to bearer; and each of said bonds shall contain a recital that it is issued pursuant to the provisions of said Chapter 88, Laws of the State of Noy,, Mexico, 1965, and all other acts thereunto enabling, shall be signed in the name of the Town of 'Taos, by the Mayor and attested by the Municipal Cle.'k, and the seal of the Town affixed thereto, and the interest coupons ,noreto attached shall be authenticated by the facsimile signature of the ,Municipal Treasurer., 4 Section 5. That said bonds and the coupons attached thereto shall be in substantially the following form, to-wit: 5 • o UNITED STATES OF AMERICA STATE OF NEW MEXICO COUNTY OF TAOS TOWN OF TAOS RECREATIONAL REVENUE BOND IN 0. $1, 000. 00 The Town of Taos, in the County of Taos, and State of New Mexico, hereby acknowledg(;s itself indebted and for value received promises to pay to the bearer hereof ONE THOUSAND DOLLARS on the 1st day of October, 19 and to pay interest thereon at the rate Of six percent (6%) per annum, as evidenced by coupons attached hereto, payable semi-annually on the 1st day of April and October each year, commencing April 1, 1970, on surrender of such coupons as they severally become due, and thereafter, until this bond is paid. Both pri.lcipul and interest on this bond are payable in lawful money of the Uniuod States of America, free of exchange or collection charges, at the office of the Treasurer of the Town of Taos, Taos County, New Mexico. Payment of this bond and interest thereon shall be made solely from and as security for such payment there is pledged the Juvenile Recreational Revenue Fund of said Town, consisting of the proceeds of the New Mexico Cigarette Tax to be distributed to said Town for such fund, all as provided in Ordinance No. 554-A adopted by the Board of Trustees of the Town of Taos, The Town of Taos covenants to pay from such income, sums sufficient to discharge, when due, the principal of and interest on the bonds of the series of which this is one. The town 6 e �a oi' Taos, New Mexico, agrees with the holder of this bond and with each and every person who may become the holder thereof, that it will keep anti perform all the covenants of said Ordinance. The holder of this bond may not look to any general or other fund of said Town for the payment of principal of or interest on this obligation, "::s bond be ing payable and collectible solely from the income so pledged. Tiiis bond is issued for the purpose of acquiring, constructing, repairing, extending and improving recreational facilities in the Town of Taos, and is issued under and in strict compliance with the provisions of Cn"- pter 88, Laws of New Mexico, 1965, and all other laws thereunto enabling. It is hereby certified that all conditions, acts and things required by the Constitution and Laws of the State of New Mexico to exist, to have happ;;i-iad, and to have been performed, precedent to and in the issuance cf ti::s bond, exist, have happened and have been performed; and that mo issue of bonds of which this is one does not exceed any limits_ion prescribed by the Cons*itution or laws of the State of New Mexico. For the prompt payment of this bond and the interest thereon, Town pledges the exercise of all its lawful powers. IN WITNESS WHEREOF, the Town of Taos, New Mexico, has caused this bond to be signed by its Mayor, sealed with its corporate --- seal, attested by the Municipal Clerk, and the coupons thereto annexed to ire signed with the facsimile signature of the Municipal Treasurer, as of the 1st day of September, 1969. _ (Do not sign) ` (5 E Q Mayor ATTEST: 'h.:) nor s ign un:cipaTCier 7 (Form of Coupon) No. $ On the 1st day of April/October, 19 the Town of Taos, in the County of Taos and State of New Mexico, will pay to the bearer , the amount shown hereon, in lawful money of the United States of America, free of exchange or collection charges, at the office of the Treasurer of the Town of Taos, Taos, New Mexico, solely from and secured by a pledge of the Fund designated in the bond to which this coupon is attached, being interest then due on its Town of Taos Recreational Revenue Bond, dated September 1, 1969, bearing No. _ (Facsimile Signature) reasurer 8 Md r Section 6. That all of the income and revenue to be derived by uhc Town from said New Mexico Cigarette Tax under Section 72-14- :-:. :, N. \:. S. A. , 193 Compilation, shall be placed in a special fund ueaignated the "Juvenile Recreation Fund". So long as bonds of this ibsue ..re outstanding, for the purpose of paying the interest on and p:incipal of said bonds, the Municipal Treasurer shall, each month, con;i:,o;;cing October 1, 1969, withdraw from the Juvenile Recreation and one-sixth (1/6) of semi-annual interest next due, and deposit the in a special account entitled, "Town of Taos Recreational Revenue interest and Sinking Fund, Series September 1, 1969, " in the First State Bank P Taos , New Mexico. The Town shall create in the First State Bank a fund to be known as the "Town of Taos Recreational Revenue Bonds, Series September 1, 1969, Reserve Fund. " On October 1, 1969 and monthly t:--reater, there shall be deposited in said fund the sum of eighty-three 33/100 ($83. 33) Dollars. Such monthly payments shall continue until a reserve has been accumulated in an amount of Three Thousand Dollars. moneys in the Reserve Fund shall be accumulated and maintained as c. continuing reserve to be used, except as hereinafter provided, only to lorevent deficiencies in the payment of the principal of and interest on the uo;�:s hereby authorized resulting from the failure to deposit into the 3ond t=und sufficient funds to pay said principal and interest as the same accrue. No payment need be made into the Bond Fund, the Reserve Fund or bot , if the amount of the Bond Fund and the amount in the Reserve Fund total a sun, at least equal to the entire amount of the bonds out- 9 w sranding, both as to principal and interest to their respective maturities, anJ both accuued and not accrued, in which case moneys in said two fund-s---'- in u a,;:Ount -.c least equal to such principal and interest,requirements s;;all be used solely to pay such as the same accrue. If, in any month, the Town shall, for any reason, fail to pay inro Elie Lond Fund the full amount above stipulated from the income of the Juvenile recreation Fund, then an amount shall be paid into said Bond Fund in such month from the Reserve Fund equal to the difference b. m on ;:hat paid and the full amount so stipulated. The money so used shall be replaced in the Reserve Fund from the first revenues thereafter received in the Juvenile Recreation Fund. If, in any month, the Town shall, for any reason, fail to pay into the Reserve Fund the full amount above stipulated, the difference between the amount paid and the amount so stipulated shall in a like manner be paid therein from the first :--venue:, thereafter received in the Juvenile Recreation Fund. The moneys in Elie Bond Fund and Reserve Fund shall be used solely and only for the pur ose of paying the principal and the interest on the bonds issued hereurder. The monies in the Bond Retirement Fund and Reserve Fund may invested or reinvested by the Municipal Treasurer in bills, certificates• of i-"'Obredness, notes or bonds which are direct obligations of, or the and interest of which obligations are unconditionally guaranteed by, tine United States of America, which shall be subject to redemption az 1:ace value by the holder thereof at the option of such holder, or shall mature not later than eighteen months from the date of such investment; except that federal securities in the Reserve Fund shall so be 10 subject to redemption at face value or shall mature at least fifteen d :ys prior to the last principal payment date of the bonds herein aut;:orized and outstanding at the time of such investment, or not later than five years, which ever limitation is shorter, at the date of the inv`snn,;nt. The federal securities so purchased as an investment of r„oneys in any such fund shall be deemed at all times to be a part of said fund, and the interest accruing thereon and any profit realized ther--from shall be credited to the fund, and any loss resulting from such investment shall be charged to the fund. The Municipal Treasurer shall present for redemption or sale on the prevailing market any :e,:cral securities so purchased as an investment of moneys in the fund wi-,enever it shall be necessary to do so in order to provide moneys to r„aet any payment or transfer from such fund. if collections are not sufficient to pay principal of and interest Lie on said bonds in any year, the pledge of revenue herein specified s',ali continue until all of said bonds shall be paid, and bonds shall continue to bear interest as carried on said bonds until paid. Section 7. That so long as any of said bonds remain outstanding z1io Town shall not issue any additional bonds having a lien on the income � in said Juvenile Recreation Fund, which lien shall be superior to lien of ti;i: bonds authorized herein. Bonds having a lien on a parity with this issu,2 may be issued if the income of the Juvenile Recreation Fund for the fiscal yoar preceding the proposed issue equals or exceeds one hundred fifty p%r cent (1507) of the maximum annual principal and interest recluirements of all bonds outstanding payable from said fund, together \�,ith thu maximum annual principal and interest requirements of the llri,'.-C,'. issue. 11 subject to redemption at face value or shall mature at least fifteen J1.1y:; prior to the last principal payment date of the bonds herein authorized and outstanding at the time of such investment, or not later tl.an five: years, which ever limitation is shorter, at the date of the invesu iclit. The federal securities so purchased as an investment of nioneys in any such 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 investi.ient shall be charged to the fund. The Municipal Treasurer shall present for redemption or sale on the prevailing market any federal securities so purchased as an investment of moneys in the fund whenever it shall be necessary to do so in order to provide moneys to meat any payment or transfer from such fund. If collections are not sufficient to pay principal of and interest dui o:1 said bonds in any year, the pledge of revenue herein specified s .all continue until all of said bonds shall be paid, and bonds shall continue to bear interest as carried on said bonds until paid. Section 7. That so long as any of said bonds remain outstanding t c Town shall not issue any additional bonds having a lien on the income ' in said Juvenile Recreation Fund, which lien shall be superior to lien of dio bonds authorized herein. Bonds having a lien on a parity with this issue may be, issued if the income of the Juvenile Recreation Fund for the fiscal year preceding the proposed- issue equals or exceeds one hundred fifty p.-r cent (150%) of the maximum annual principal and interest requirements of all bonds outstanding payable from said fund, together �tilitl; th;.� maximum annual principal and interest requirements of the proposed issue. 11 Nothing in this Ordinance contained shall be construed in such Man;;cr as to prevent the issuance by the '-'town of additional bonds oir otl,`:r oblibatio ,s payable from the income or any revenues derived `.on' the operation or the recreational facilities and the New Mexico Ciga:-ctte Tax and constituting a junior lien upon said revenue, provided t;:at tho Town is current in its payments on all bonds outstanding and rescrve fu,-id requirements. Section b. That the bonds herein authorized shall be sold a .d �, lLvered to Stern Brothers & Co. , Albuquerque, New Mexico, for cl sh, at par plus accrued interest. The proceeds from the sale Gk ti^.e bonds shall be deposited promptly in a separate account in the First State Hank and such proceeds shall be used solely for the purposes specified in this Ordinance. Section 9. That on written request the Town shall furnish Stern B,o.he rs & Co. complete operating and income statements of the said Juve:lile Recreational Fund, in reasonable detail, covering any designated and within ninety days after the close of each fiscal year, the To,%­n shall cause to be prepared a complete financial audit of said Fund covey ing said fiscal year, such audit to be certified by an independent r&gis t,:�red or certified public accountant. A true and correct copy of suc:: audit shall be prepared in accordance with generally accepted uditi;;g standards and shall show, among other things, whether or not 71-wn has complied with all of the requirements of this Ordinance. Section 10. That the provisions of this Ordinance shall constitute a coi-In act beLween the Town and the owners and holders of said bonds or 1",V of them, and such owners and holders or any of them may compel compliance with such provisions in any court of competent jurisdiction. 12 . a r Section 11. That J any one or more sections or parts of this 0;-dim',ncc: shall be judicially held to be invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining provisions of Ordinance, the intention being that each provision hereof is sev�:rable. Section 12. That the officers of said Town are hereby authorized and directed to execute and deliver all requested certificates, affidavits an,d documents relating to the bonds authorized herein and the security ti:c;reof, and to take all steps and proceedings. necessary to fully carry out the intend and purpose of this Ordinance. Section 13. That all ordinances, resolutions or parts thereof, In conflict or inconsistent herewith are hereby repealed to the extent only of such conflict or inconsistency. Section 14. That this ordinance shall be and remain irrepealable until the bonds authorized herein and the interest thereon shall have been Willy paid, satisfied and discharged as herein provided. Section 15. That this Ordinance is declared an emergency measure on the ground of urgent public need, and it shall go into effect five days after its publication in its entirety. This. Ordinance was adopted by a two-thirds vote of all members elected to the Board of Trustees at a meeting of the Board of Trustees held on the 19th day of August 1969, and approved by the Mayor on said date. APPRO r Mayor (S E A L) ATTEST: Ci�:rk 13 It was then moved by Trustee Pond and seconded by Trustee Vargas that all rules of this Board which, unless suspended, might prever,t the final passage and adoption of said Ordinance ut this meeting, be and the same hereby are suspended. Tire question being upon the adoption of said motion and the suspending of the rules, the roll was called and the following results: Those voting AYE; J. B. Martine, Martin Vargas Mrs. Lucille Pond Those voting NAY: NONE Three members of the Board of Trustees having voted in favor of said motion, the presiding officer declared said motion carried and the rules suspended. Trustee Martinez then moved that said Ordinance be finally passed and adopted. Trustee Vargas seconded the motion. The question being upon the passage and adoption of said Ordinance, the roll was called with the following results: Those voting AYE: J. B. Martinez Martin Vargas Mrs. Lucille Pond Those voting NAY: NONE The Mayor declared the motion passed. 14 + 1 The Mayor thereupon declared that a two-thirds majority of all the members of the entire Board of Trustees voted in favor thereof, the said motion was carried and the Ordinance duly passed and adopted. On motion duly adopted, it was ordered that said Ordinance be numbered 554-A and, after approval by Mayor, bepublished in its f entirety in the Taos News, a newspaper published and of general cir- culation within the Town of Taos, State of New Mexico. After con-:deration of unrelated business, the meeting was, on motion duly rnac',-• and seconded, adjourned. DATED at Taos, New Mexico this 19th day of August , 1969. Mayor (S E A L) ATTEST: Cl:rk 1 15 STATE OF NEW MEXICO ) i COUNTY OF TAOS ) ss: TOWN OF TAOS ) The Board of Trustees of the Town of Taos, in the County of Taos, State of New Mexico, met in session in full conformity with law and the ordinances and rules of said Town on Tuesday the i gt:, day of August at the hour of 7:30 ` o'clock P. M. at Town Hall at which meeting there were present and answering the roll call the following, constitut- ing a quorum: Present: Mayor: Rumaldo Garcia ' Trustees: J. B. Martinez Martin Vargas Mrs. Lucille Pond Absent: Mrs. Tessie Oakeley constituting all the members of said Board. _ Thereupon, Trustee Pond introduced and there was read in full, the following Ordinance: ORDINANCE NO. 554-A AN ORDINANCE RATIFYING ALL ACTION TAKEN BY AND FOR THE TOWN OF TAOS, NEW MEXICO TOV�IARD ACQUISITION, CONSTRUCTION, REPAIR, EXTENSION AND IMPROVEMENT OF RECREATIONAL FACILITIES: DECLARING THE NECESSITY FOR ISSUING RECREATIONAL REVENUE BONDS OF TAOS IN THE PRINCIPAL AMOUNT OF $16, 000. 00, PAYABLE OUT OF THE NET INCOME TO BE DERIVED BY SAID TOWN FROM THE NEW MEXICO CIGARETTE TAX, TO THE EXTENT PERMITTED BY LAW, FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING, REPAIRING, EXTEND- 1NG AND IMPROVING RECREATIONAL FACILITIES IN SAID TOWN; AUTHORIZING THE ISSUANCE AND SALE OF SUCII BONDS; PROVIDING FOR THE PAYMENT THEREOF AND THE INTEREST THEREON, AND OTHER DETAILS IN CONNECTION WITH THE ISSUANCE AND PAYMENT OF SAID BONDS; REPEALING ALL ORDINANCES, RESOLUTIONS OR PA .,TS THEREOF IN CONFLICT HERE- WITH; AND DECLARING AN EMERGENCY. WHEREAS, Chapter 50, Laws of New Mexico, 1968, provides for the, assessment and collection of a special tax upon the sale of cigarettes sold within the said State and for a distribution of a part of such tax to the county and municipality recreational fund; and WHEREAS, Chapter 88, Laws of New Mexico, 1965, provides that the proceeds of such cigarette taxes so distributed shall be used exclusively for recreational facilities within the municipalities and counties receiving such taxes, with the proviso that no such revenue shall be used for recreational facilities which exclude the use of such facilities by persons under twenty-one years of age; and WHEREAS, said Chapter 88, provides that municipalities recelving such cigarette taxes may issue revenue bonds payable solely out of the net income to be derived from such cigarette taxes; and 2 WHEREAS, The Board of Trustees of the Town of Taos has detcrmincd to issue the revenue bonds hereinafter specified for the purpose of acquiring, constructing, extending, repairing and improv- i«g r4crcational facilities in said Town of Taos; NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF' THE TOWN OF TA OS, NEW MEXICO: Section 1. That all action (not inconsistent with the prov �- ions of this ordinance) heretofore taken by the Board of Trustees of the Town of Taos, and the officers thereof, directed toward the acquisition, con- struction, repair, extension and improvements of recreational facilities be, and the same hereby is, ratified, approved and confirmed. Section 2. That the public interest and necessity demand the acquisition, construction, repair, extension and improvement of recrea- tional facilities in the Town of Taos, Taos County, New Mexico, and it is hereby declared necessary that said Town issue its Town of Taos Recreational Revenue Bonds in the principal amount of $16, 000. 00, which bonds shall be payable solely out of the net income to be derived from the New Mexico Cigarette Tax distributed to the Juvenile Recreational Fund of said Town and that said Town pledge, irrevocably, such net ;: come and-revenue to the payment of the bonds herein authorized, and the interest thereon, the proceeds of such bonds to be used solely for the purpose of acquiring, constructing, repairing and extending and improving said recreational facilities, Section 3. That to provide the funds and to meet the cost of such facilities, bonds of the Town of Taos, to be known as Town of Taos Re:reational Revenue Bonds, Series September 1, 1969, are hereby 3 i .,uthorizcd to be issued in the aggregate principal amount of $16, 000. 00 pursuant to the provisions of Chapter 88, Laws of New Mexico, 1965, and all other laws thereunto enabling. Section 4. That said bonds shall be dated September 1, 1969, and sh::ll be payable in regular numerical order without option of prior r,:demption on the first day of October in each of the years 1970 to 1975, inclusive, and shall bear interest payable April 1, 1970, and semi-annually thereafter on the first days of April and October, all as follows: Year Maturities Interest Rate 1970 $2, 000. 00 6 J 1971 2, 000. 00 6% 1972 3, 000. 00 6% 1973 3, 000. 00 6% 1974 3, 000. 00 6 f 1975 3, 000. 00 6% Said bonds shall be in the denomination of $1, 000. 00 each, numbered 1 to 16 inclusive; shall be payable, principal and interest, in 1.wfu1 money of the United States of America, without deduction for exchange or collection charges, at the office of the Treasurer of the Town of Taos, Taos County, New Mexico; shall be negotiable coupon bonds payable to bearer; and each of said bonds shall contain a recital that it is issued pursuant to the provisions of said Chapter 88, Laws of the State of New Mexico, 1965, and all other acts thereunto enabling, shall be signed :n the name of the Town of Taos, by the Mayor and attested by the Municipal Clerk, and the seal of the Town affixed thereto, and the interest coupons t :ercto attached shall be authenticated by the facsimile signature of the Mluinicipal Treasurer.. 4 a; Section 5. That said bonds and the coupons attached thereto shall be in substantially the following form, to-wit: 5 UNITED STATES OF AMERICA STATE OF NEW MEXICO COUNTY OF TAOS TOWN OF TAOS RECREATIONAL REVENUE BOND No. $1, 000. 00 The Town of Taos, in the County of Taos, and State of New ,Mexico, hereby acknowledges itself indebted and for value received promises to pay to the bearer hereof ONE THOUSAND DOLLARS on the 1st day of October, 19 and to pay interest thereon at the rate or six percent (67) per annum, as evidenced by coupons attached hereto, ayable semi on the 1st day of April and October each year, con;:l:cncini; April 1, 1970, on surrender of such coupons as they S.verally become due, and thereafter, until this bond is paid. Both principal and interest on this bond are payable in lawful money of the United States of America, free of exchange or collection charges, at the ol"ice of the Treasurer of the Town of Taos, Taos County, New Mexico. Payment of this bond and interest thereon shall be made solely z front and au security for such payment there is pledged the Juvenile Recreational Revenue Fund of said Town, consisting of the proceeds of the New Mexico Cigarette Tax to be distributed to said Town for such und, all as provided in Ordinance No. 554-Aadopted by the Board of l rustces of the Town of Taos, The Town of Taos covenants to pay from such income, sums sufficient to discharge, when due, the principal of and interest on the bonds of the series of which this is one. The town 6 of Taos, New Mexico, agrees with the holder of this bond and with each and every person who may become the holder thereof, that it will keep a,:u perform all the covenants of said Ordinance. Tip(; holder of this bond may not look to any general or other fund of said Town for the payment of principal of or interest on this obligation, this bond be ing payable and collectible solely from the income so pledged. This bond is issued for the purpose of acquiring, constructing, r c!pairing, extending and improving recreational facilities in the Town of Taos, and is issued under and in strict compliance with the provisions of Chapter 88, Laws of New Mexico, 1965, and all other laws thereunto enabling. It is hereby certified that all conditions, acts and things requir ed by the Constitution and Laws of the State of New Mexico to exist, to hav-. happened, and to have been performed, precedent to and in the issuance r of this bond, exist, have happened and have been performed; and that me issue of bonds of which this is one does not exceed any limitation prescribed by the Constitution or laws of the State of New Mexico. For the prompt payment of this bond and the interest thereon, the Town pledges the exercise of all its lawful powers. IN «'ITNESS WHEREOF, the Town of Taos, New Mexico, has ca;ised this bond to be signed by its Mayor, sealed with its corporate , al, attested by the Municipal Clerk, and the coupons thereto annexed CC) bC; signed with the facsimile signature of the Municipal Treasurer, as of the 1st day of September, 1969. (Do not s ign) (S E A L) Mayor ATTEST: (Do not s k-rn) Ni unlclpal Cler 7 (Form of Coupon) No. $ On the 1st day of April/October, 19 the Town of Taos, in the County of Taos and State of New Mexico, will pay to the bearer the amount shown hereon, in lawful money of the United States of America, free of exchange or collection charges, at the office of the Treasurer of the Town of Taos, Taos, New Mexico, solely from and secured by a pledge of the Fund designated in the bond to which this coupon is attached, being interest then due on its Town of Taos Recreational Revenue Bond, dated September 1, 1969, bearing No. (Facsimile Signature) reasurer i 8 M1� Section 6. That all of the income and revenue to be derived by tine Town from said New Mexico Cigarette Tax !ender Section 72-14- lam. 1, N. X4. S. A. , 1953 Compilation, shall be placed in a special fund designated the "Juvenile Recreation Fund". So long as bonds of this issue are, outstanding, for the purpose of paying the interest on and principal of said bonds, the Municipal Treasurer shall, each month, conimencing October 1, 1969, withdraw from the Juvenile Recreation Fund one-sixth (1/6) of semi-annual interest next due, and deposit the same in a special account entitled, "Town of Taos Recreational Revenue pond, Interest and Sinking Fund, Series September 1, 1969, " in the First State Bank , Taos , New Mexico. The Town shall create in the First State Bank a fund to be known as the "Town of Taos Recreational Revenue Bonds, Series September 1, 1969, Reserve Fund. " On October 1, 1969 and monthly t:Ic;reafter, ffare shall be deposited in said fund the sum of eighty-three and 33/100 ($83. 33) Dollars. Such monthly payments shall continue until a reserve has been accumulated in an amount of Three Thousand Dollars. T o moneys in the Reserve Fund shall be accumulated and maintained as------.. a continuing reserve to be used, except as hereinafter provided, only to ,3, event deficiencies in the payment of the principal of and interest on the hereby authorized resulting from the failure to deposit into the Bo::d Fund sufficient funds to pay said principal and interest as the same L-Lccruel. No payment need be made into the Bond Fund, the Reserve Fund o-1- boti:, if the amount of the Bond Fund and the amount in the Reserve Fund total a sum at least equal to the entire amount of the bonds out- 9 r standing, both as to principal and interest to their respective maturities, anl-1 buul accured and not accrued, in which case moneys in said two funds i;: LM :u»ount at least equal to such principal and interest requirements shad be used solely to pay such as the same accrue. If, in any month, the Town shall, for any reason, fail to pay into tl:e Bond Fund the full amount above stipulated from the income of t;:e juvenile Recreation Fund, thug an amount shall be paid into said 5onci Fund in such month from the Reserve Fund equal to the difference bet vc..m that paid and the full amount so stipulated. The money so used s"all be replaced in the Reserve Fund from the first revenues thereafter rcCc:,ved in the Juvenile Recreation Fund. If, in any month, the Town !:all, for any reason, fail to pay into the Reserve Fund the full amount above stipulated, the difference between the amount paid and the amount so stipulated slv.11 in a like manner be paid therein from the first evenues thereafter received in the Juvenile Recreation Fund. The moneys in Me- Bond Fund and Reserve Fund shall be used solely and only for the ;)ur;)ose of paying the principal and the interest on the bonds issued hcereunder. The monies in the Bond Retirement Fund and Reserve Fund may b invested' or reinvested by the Municipal Treasurer in bills, certificates. of indebtedness, notes or bonds which are direct obligations of, or the principal and interest of which obligations 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 V'?1-11 shall mature not later than eighteen months from the date of such investment; except that federal securities in the Reserve Fund shall so be 10 stIbjcct to redemption at face value or shall mature at least fifteen L,:�ys prior to the last principal payment date of the bonds herein a*11:1:o.ized and outstanding at the time of such investment, or not later than five years, which ever limitation is shorter, at the date of the investment. The federal securities so purchased as an investment of n.cneys in any such 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 Municipal Treasurer sham present for redemption or sale on the prevailing market any federal securities so purchased as an investment of moneys in the fund whet;never it shall be necessary to do so in order to provide moneys to ii:zet any payment or transfer from such fund. If collections are not sufficient to pay principal of and interest duc on said bonds in any year, the pledge of revenue herein specified shall continue until all of said bonds shall be paid, and bonds shall continue to bear interest as carried on said bonds until paid. Section 7. That so long as any of said bonds remain outstanding :::e Town shall not issue uny additional bonds having a lien on the income in said ;uvenile Recreation Fund, which lien shall be superior to lien of t1:e bonds authorized herein. Bonds having a lien on a parity with this may be issued if the income of the Juvenile Recreation Fund for the I 5cfii year preceding the proposed issue equals or exceeds one hundred fif�Ly per cent (150%) of the maximum annual principal and interest Cc;':Lrements of all bonds outstanding payable from said fund, together %vith maxii. lm annual principal and interest requirements of the P.oposcd issue. 11 r Nothing in this Ordinance contained shall be construed in such as to prevent the issuance by the Town of additional bonds or otin�_!r obligations payable from the income or any revenues derived f ron 1 the operation or the recreational facilities and the New Mexico Cigarotte Tax and constituting a junior lien upon said revenue, provided tha� tl-:e Town is current in its payments on all bonds outstanding and reserve fund requirements. Section 8. That the bonds herein authorized shall be sold and delivered to Stern Brothers & Co. , Albuquerque, New Mexico, for cash, at par plus accrued interest. The proceeds from the sale of t1no bonds shall be deposited promptly in a separate account in the First State Bank and such proceeds shall bl used solely for the purposes specified in this Ordinance. ` Section 9. That on written request the Town shall furnish Stern 3rothc,rs & Co. complete operating and income statements of the said Juvenile Recreational Fund, in reasonable detail, covering any designated poricu, and within ninety days after the close of each fiscal year, the l ow n shall cause to be prepared a complete financial audit of said Fund covering said fiscal year, such audit to be certified by an independent registored or certified public accountant. A true and correct copy of such audit shall be prepared in accordance with generally accepted au��irin,r standards and shall show, among other things, whether or not the Town has complied with all of the requirements of this Ordinance. Section ld. That the provisions of this Ordinance shall constitute contract between the Town and the owners and holders of said bonds or any of them, and such owners and holders or any of them may compel - -� co:liPlia:nce w ith such provisions in any court of competent jurisdiction. 12 Section 11. That if any one or more sections or parts of this Ordinance shall be judicially held to be invalid or unenforceable, such jgn;ont shall not affect, impair or invalidate the remaining provisions of this Ordinance, the intention being that each provision hereof is sovcrable. Section 12. That the officers of said Town are hereby authorized and directed to execute and deliver all requested certificates, affidavits and documents relating to the bonds authorized herein and the security thereof, and to take all steps and proceedings. necessary to fully carry out the intend and purpose of this Ordinance.. Section 13. That all ordinances, resolutions or parts thereof, In conflict or inconsistent herewith are hereby repealed to the extent only of such conflict or inconsistency. Section 14. That this ordinance shall be and remain irrepealable Until the bonds authorized herein and the interest thereon shall have been paid, satisfied and discharged as herein provided. Section 15. That this Ordinance is declared an emergency measure o;; tic ground of urgent publ;c need, and it shall go into effect five days after its ;publication in its entirety. his Ordinance was adopted by a two-thirds vote of all members elected to the Board of Trustees at a meeting of the Board of Trustees held on tin,; 19th ,day of August 1969, and approved by the Mayor on said date. APPROV } Mayor S L A L) ATTEST: 13 It was then moved by Trustee Pond and seconded by Trustee Vargas that all rules of this Board which, unless suspended, might prevent the final passage and adoption of said Ordinance at this meeting, be and the same hereby are suspended. The question being upon the adoption of said motion and the suspending of the rules, the roll was called and the following results: Those voting AYE: J. B. Martine Martin Vargas Mrs. Lucille Pond Those voting NAY: NONE Three members of the Board of Tru,tees having voted in favor of said motion, the presiding officer declared said motion carried and the rules suspended. Trustee Martinez then moved that said Ordinance be finally passed and adopted. Trustee v areas seconded the motion. The question being upon the passage and adoption of said Ordinance, the roll was called with the following results: Those voting AYE: J. B. Martinez Martin Vargas Mrs. Lucille Pond Those voting NAY: NONE The Mayor declared the motion passed. 14 1 i The Mayor thereupon declared that a two-thirds majority of all the members of the entire Board of Trustees voted in favor thereof, the said motion was carried and the Ordinance duly passed and adopted. On motion duly adopted, it was ordered that said Ordinance be numbered 554-A , and, after approval by Mayor, be published in its entirety in the Taos News, a newspaper published and of general cir- culation within the Town of Taos, State of New Mexico. After consideration of unrelated business, the meeting was, on motion duly made and seconded, adjourned. DATED at Taos, New Mexico this 19th day of August , 1969. ayor (S E A L) ATTEST: Clerk 15 s fit; i t{ r� i% $230, 000 i TOWN OF TAOS, NEW MEXICO r SALES TAX REVENUE BONDS SERIES SEPTEMBER 1, 1969 rJ j a ' � E: t �'', •-µms: 6'y= C $16, 000 TOWN OF TAOS, NEW MEXICO RECREATIONAL REVENUE BONDS SERIES SEPTEMBER 1, 1969 �y4 :s