Loading...
617 TOWN OF TAGS ORDINANCES YEAR: J921 NUMBER: 617 t ORDINANCE N0, 617 AN ORDINANCE MAKING BENT STREET A ONE-WAY ST REST WHEREAS, a hazardous traffic condition has been created by the narrowness of part of Bent Street; and , WHEREAS, traffic safety will be enhanced by the making of Bent Street into a one-way street, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF TAOS, that: Bent Street from its intersection with North Pueblo. Road to its intersection with Placitas Road shall be, and the same hereby is, made a one-way street, run- Ming from East to West. PASSED by the Mayor and Council of the Town of Taos, this 1st day of November, 1972. Mayor'= Town oi- :aos Ai' •ST: t � i r } i TRANSCRIPT OF PROCEEDINGS TOWN OF TAOS, NEW MEXICO GASOLINE TAX REVENUE BONDS SERIES 1,1AY 11 1972 $69 ,000.00 STATE OF NEW MEXICO ) COUNTY OF TAOS ) ss. TOWN OF TAOS ) I The Board of Trustees of the Town of Taos , Taos County, New Mexico, met in session in full conformity with law and r the ordinances and rules. of said Town, at the Town Hall in said Town, being the regular meeting place of said Board, on the 10th day of May 1972, at the hour of 7 :30 o'clock P M. Upon roll call the following were found to be present: Mayor : Philip Can Jr. Board of Trustees Fernando Valdez Martin Varaaa Ernest Santistevan Absent: Thereupon, there was introduced, read and considered the following Ordinance, to-wit: 1 I . ORDINANCE NO. 617 AN ORDINANCE AUTHORIZING THE TOWN OF TAOS, .NEW MEXICO, TO ISSUE GASOLINE TAX REVENUE BONDS I14 THE PRINCIPAL M40UNT OF $60 , 000 . 00 PURPOSE OF IMPROVING STREETS I14 SAID TOWN, SUCH B0I4DS AND THE INTEREST THEREON TO BE PAID SOLELY OUT OF THE MOTOR FUEL TAX PROCEEDS . WHEREAS , Section 8 of Chapter 170 of the 1967 Laws of the State of New Mexico provides that "an amount equal to the revenue that would be derived from a state-wide tax of nine-tenths of one cent ($ . 009) per gallon on motor fuels as imposed by Sections 64- 26-2 and 64-26-68- New Mexico Statutes Annotated, 1953 Compila- tion, and Section 6 of this act, less those deductions allowed by law, shall be paid to the treasurers of municipalities and H- class counties in the proportion that the taxable motor fuel i sales in each of the municipalities and H-class counties bears to the aggregate taxable motor fuel sales in all of these municipalities and H--class counties . " and WHEREAS , Chapter 244 of the 1967 Laws of the State of New Mexico provides that gasoline tax revenue bonds may be issued for the purpose of laying off , opening, constructing, repairing and otherwise improving municipal buildings , alleys , streets , public roads and bridges , or any combination thereof, and that the municipality may irrevocably pledge up to 80% of the motor fuel tax proceeds distributed to municipalities under the said Chapter 170 of the 1967 Laws of the State of New Mexico; and WHEREAS , the Town of 'Taos has outstanding $70 , 000 . 00 of airport revenue bonds dated April 1, 1966 , and $30 , 000 airport revenue bonds dated September 1 , 1967 , which bonds constitutc a first and second lien against all of the motor fuel tax proceeds i f distributed to the Town of Taos under Chapter 170 of the 1967 Laws of the State of New Mexico; and WHEREAS , under Ordinance No. 544 adopted March 4 , 1966 , and Ordinance No. 550 adopted August 2 , 1967 , the Town of Taos may issue additional bonds having a junior or subordinate lien on motor fuel tax proceeds distributed to it under Chapter 170 of the 1967 Laws of the State of New Mexico, provided that it is current in the payment of principal of and interest on the outstanding bonds and has made the deposits required by Section 7 of said Ordinance Nos. 544 and 550 , which conditions the Town finds and determines it has met; THEREFORE , BE IT ORDAINED BY THE GOVERNING BODY OF THE TOWN OF TAOS , NEW MEXICO: Section 1 . That there shall be issued Gasoline Tax Revenue Bonds , Series May 1, 1972 , of said Town in the principal amount of $69 , 000 . 00 , consisting of 69 bonds in the denomination of $1,000 . 00 each, numbered 1 to 69 , inclusive, dated May 1, 1972 , bearing interest and maturing as follows : "A" Coupon Amount Maturity Rate $5 , 000. 00 May 1 , 1973 4% $5, 000 . 00 P-lay 1 , 1974 4% $5 , 000. 00 May 1 , 1975 4% $5 , 000 . 00 May 1 , 1976 4% $5 , 000 . 00 May 1 , 1977 4% $5 , 000 . 00 May 1 , 1978 4 . 30% $5 , 000 . 00 May 1 , 1979 4 . 30% $5 , 000. 00 May 1 , 1980 4 . 70% $5 , 000 . 00 May 1 , 1981 4 . 70% $5 , 000 . 00 May 1, 1982 4 . 70% $5 , 000 . 00 May 1 , 1983 5% $5 , 000 . 00 I•lay 1 , 1984 5% $91000 . 00 May 1. . 1985 54. 3 All Bonds shall carry supplemental "B" coupons . Bonds numbered 1 through 25 shall carry 4% coupons from date to their respective maturity dates , and bonds 26 through 69 shall carry 1 .4% coupons from date through May 1, 1977. Bonds maturing on and after May 1 , 1978 , are subject to prior redemption at the option of the Town in inverse .nirnerical order on May 1, 1977 , or any interest payment date thereafter on payment of principal, interest to redemption date and a premium of three per cent (3%) of principal. Notice of redemption shall be given by registered mail to the original purchasers and by notice published in a legal newspaper in the Town of Taos, both at least 30 days prior to the date of redemption. Interest is payable November 1, 1972, and semi-annually thereafter on the first day of May and November each year. Said bonds shall be signed by the Mayor of said Town and sealed with its corporate seal, attested by the Municipal Clerk. The principal of and interest on said bonds shall be payable at the Centinel Bank of Taos , Taos , New Mexico. Section 2 . Said bonds and the interest coupons to be attached thereto shall be in substantially the following form: 4 (Form of Bond) UNITED STATES OF AMERICA STATE OF NEW MEXICO COUNTY OF TAOS TO-NN OF TAOS GASOLINE TAX REVENUE BOND, SERIES MAY 1 , 1972 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 , on the lst day of Play, 19 the sum of ONE THOUSAND DOLLARS and to pay interest thereon as evidenced by coupons designated "A" at the rate of per centum (�%) per annum, payable November 1 , 1972 , and semi-annually thereafter on the lst day of May and the lst day of November each year, and additional interest as evidenced by coupons designated "B" at the rate of per centum ( %) for the period from May 1 , 1972 , to May 1, 19 (*) , upon presentation and surrender of such annexed coupons as they severally become due. Both principal of and interest on this bond are payable in lawful money of the United States of America, at the Centinel Bank of Taos , Taos New Mexico. Payment of this bond and interest thereon shall be made solely from the revenues to be derived from eighty per centum (80%) of the amount received by the Town of Taos , New Mexico, from taxes on motor fuels and special. fuels collected by the State of New Mexico and transmitted to the Tom under the provisions of Chapter 170 of the 1967 Laws of the State of New Mexico. The Town of Taos , New Mexico, agrees with the 5 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 the Ordinance of said Town authorizing bonds of this issue . Bonds of this series maturing on and after May 1, 1978 , are redeemable at the option of the Town on May 1, 1977 , and on any interest payment date thereafter in inverse numerical order, upon payment of principal, interest to redemption date, and a premium of three per centum (3%) of principal. It is expressly agreed that the holder of this bond may not look to any general or other funds of said Town for the payment of principal or interest on this obligation, this bond being payable and collectible solely from the proceeds of said motor fuel tax. The bonds of this issue are subject to the prior lien on such revenues of "Airport Revenue Bonds" of the Town of Taos , dated April 1 , 1966 , and "Airport Revenue Bonds" of the Town of Taos dated September 1 , 1967. This bond is issued for the purpose of improving streets in said Town, and is issued under and in strict compliance with the Constitution and laws of the State of New Mexico , particularly Chapters 170 and 244 , 1967 Laws of the State of New Mexico, and pursuant to Ordinance No. 617 of said Town, duly adopted, approved and published prior to the issuance of this bond. 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 happened and to hava- been performed, precedent to and in the issuance of this bond, Exist, have happened and have been performed; and that this bond does not exceed any limitation prescribed by the Constitution or laws of the State of New Mexico . 6 t For the payment of this bond and the interest thereon the Town of Taos , New Mexico, pledges the exercise of all its lawful corporate powers . IN WITNESS WHEREOF, the Town of Taos , New Mexico, has caused this bond to be signed by its Mayor and sealed with its corporate seal, attested by the Municipal Clerk, and the coupons hereto anne:;ed to be signed with the facsimile signature of its Treasurer, as of the lst day of May, 1972 . (Do not sign) Mayor (S E A L) ATTEST: (Do not sign) Municipal Clerk (*) Maturity date of the bond should appear in bonds numbered 1 through 25 , and May 1, 19 '7 should appear in bonds numbered 26 through 60. .c 7 (Form of "A" Coupon) I No. $ On the 1st day of May/November , 19 unless the bond to which this coupon is attached, if callable has been called for prior redemption, 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, at the Centinel Bank of Taos, Taos , New Mexico, solely from eighty per cent (80%) of the amount received by the Town of Taos , New Mexico, from taxes on motor fuels and special 1 fuels collected by the State of New Mexico and transmitted to the Town under the provisions of Chapter 170 of the 1967 Laws of the State of New Mexico, as provided in the bond to which this coupon is attached, being the interest than due on its Gasoline Tax Revenue Bond, Series May 1, 1972, bearing No. (Facsimile Signature) Treasurer 8 (Form of "B" Coupon) i No. $ On the 1st day of May/November, 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, at the Centinal Bank of Taos , Taos , New Mexico, solely from eighty per cent (80%) of the amount received by the Town of Taos , 'New Mexico, from taxes on motor fuels and special fuels collected by the State of New Mexico and transmitted to the Town under the provisions of Chapter 170 of the 1967 Laws of the State of New Mexico, as provided in the bond to which this coupon is attached, being the interest then due on its Gasoline Tax Revenue Bond, Series May 1, 1972 , bearing No. (Facsimile Signature) Treasurer 9 Section 3. The bonds of this issue shall be sold and delivered forthwith to Robert E. Swezer Company, Omaha, Nebraska, in accordance with their contract of purchase. The proceeds of the bonds shall be deposited in a special trust account in The Centine l Bank of Taos, Taos New Mexico, and shall be withdrawn only for ti improving street facilities in said Town, on written estimates of the engineer in charge of construction, such estimates to be approved by the Board of Trustees. Section 4. Each month of each year hereafter commencing in May, 1972 , so long as any of said bonds are outstanding, the Town shall comply with its commitments for the payment of principal and interest and reserve under Ordinance Nos. 544 and 550 . The Town shall thereafter each month transmit to the Centinel Bank of Taos , Taos , New Mexico, the paying agent, for the purpose of paying interest on and principal of the bonds authorized by this Ordinance, one-sixth (1/6th) of the total amount of interest next due and one-twelfth (1/12th) of the amount of principal next due on said bonds. If in any month the portion of the motor fuel taxes pledged are insufficient to make the payments above required, then monthly deposits shall be increased to the maximum amount of said pledge until the deficiency has been cured. 10 r s Section 5. Said receipts from such excise tax are irrevocably pledged for the payment of said bonds and the interest thereon. Said bonds shall constitute a third and prier charge and lien on such receipts, subject only to the prior lien of the Town of Taos "Airport Revenue Bonds ", dated April 1, 1966 , and "Airport Revenue Bonds " of the Town of Taos dated September 1, 1967 . Nothing herein shall be construed to prevent the issuance of obligations having a junior or subordinate lien on the proceeds of said excise tax; provided, however, that the Town is current in the pay- ment of interest and principal of outstanding bonds, payable out of said excise tax. Section 6 . The Town shall promptly mail to Robert E . Swezer Company duplicate slips or communications indicating deposits of such receipts of its share of such excise taxes , and annually the Town shall furnish said company a statement of all receipts and disbursements from said source for the preceding fiscal year. Section 7. That if any one or more sections or parts of this Ordinance shall be adjudged unenforceable or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance , it being the intention that the various provisions hereof are severable . ;F Section 8. All ordinances or parts of ordinances in S 'r conflict herewith, are hereby repealed . Section 9. This Ordinance shall be and remain irrepealable until said Gasoline Tax Revenue Bonds, Series May 1, 1972, and the interest thereon, have been fully paid, satisfied and dis- charged as herein provided . 11 i r Section 10 . This Ordinance shall become effective five (5) days after its publication in its entirety. IN WITNESS WHEREOF, this Ordinance was adopted by the affirmative vote of three-fourths of all the members of the Board of Trustees of the Town of Taos , New Mexico, and after due examination, approved by the Mayor of said Town and attested by the Clerk, and the corporate seal of said Town affixed on this 10thday of May, 1972 . APPROVED: ayor (S EA L) ATTEST: C- A-1 tJ Municipal Clerk 12 Trustee Lawrence SantistevaEhen moved that said Ordinance be passed and adopted as read. Trustee Fer_•nand o Valdez seconded the motion. The question being upon the passage and adoption of said Ordinance, the roll was called with the following result: Those voting AYE: Trustees : Lawrence Santistevan Fernando Valdez Martin Vargas Ernest Santistevan fihose voting NAY: The presiding officer thereupon declared that four Trustees having voted in favor thereof, the said motion was carried and the said Ordinance duly passed and adopted. Thereupon the meeting adjourned. 1 4 MWIor (S E A L) ATTEST: i I Municipal Clerk 13 STATE OF NEW MEXICO ) COUNTY OF TAOS ) ss. TOWN OF TAOS ) I , KATE ROMERO , the Municipal Clerk of the Town of Taos, New Mexico, do hereby certify that the foregoing copy of Ordinance No. 617 is a true and correct copy of said Ordinance, duly adopted at and appearing among the official minutes of a meeting of the Board of Trustees of the Town of Taos, New Mexico, held on the 10th day of May 1972; that said Ordinance has been duly published as required by law, and has been duly recorded in a book kept for that purpose in my office; and that the fore- going copy of the minutes of said meeting is a true and correct copy of the minutes as the same appear in the official records of said Town. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of said Town, this - - day of May 1972. Munic pal Clerk (S E a L) 14