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I ' <br /> AFFIDAVIT OF <br /> PUBLICATI0v <br /> 1 � <br /> ORDINANCE NO.815 -• I <br /> AN ORDINANCE AUTHORIZING THE' <br /> EXECUTION AND DELIVERY OF A LOAN <br /> STATE OF COLORADO, CONTRACT BETWEEN THE STATE OF <br /> County of Morgan. ss. COLORADO FOR THE USE AND BENEFIT <br /> OF THE DEPARTMENT OF NATURAL <br /> RESOURCES, COLORADO WATER <br /> Fern H. S e nc e r _ CONSERVATION BOARD AND THE CITY <br /> p —_ , OF FORT MORGAN,COLORADO AND <br /> being of lawful age and first duly sworn on his oath, THE CITY OF FORT MORGAN, <br /> COLORADO WATER WORKS AND <br /> states that he is the _ Circulation tilgrt_--__--_ of 1 DISTRIBUTION ENTERPRISE SETTING <br /> FORTH THE TERMS AND PROVISIONS OF <br /> The Fort Morgan Times; that The Fort Morgan Times A LOAN IN PRINCIPAL AMOUNT OF <br /> is a daily newspaper of general circulation and printed <br /> and published in the City of Fort Morgan in the County wiiEREA�s,pursuant toga resolution pass' <br /> of Morgan, State of Colorado; that said daily newspaper Mond a `°Colorado >o <br /> has been published in said Morgan County, Colorado, u. �.�Morgan")on November referred to <br /> uninterruptedly and continuously during the period of at 1993,the City has established the Croy of Fart <br /> least twelve months next prior to the first issue thereof Morgan,Colorado,Water watts and D;ai union <br /> Ordinance No. -Enterprise(hereinafter referred to as "the <br /> containing the annexed --.......-- ---.- .■_-- Eaton:nue")as an anaphors afther City within the <br /> meaning of Art: X., 120 of.the,Cofore4o <br /> 815 . <br /> ------- - ----..-----.__-._._.._ Canmmtiorr and. - - .- <br /> WHEREAS.the Ctty of Fort Morgan on behalf of <br /> -- ---------_-__-- the Enterpsiac has made application to the State of <br /> Colorado Water Conservation Board.(hereinafter <br /> ------------- refaced to as"the State")fora loan in the amount <br /> that said daily newspaper is a dail; newspaper and of 35.500,000,the attire premeds of which are to <br /> qualified for that purpose within the meaning of the Act be used to pant the Enterprise to participate in the Sainhear water Supply-Project,(hereinafter <br /> of the General Assembly of the State of Colorado, ap- referred to as "the Project")of the Northern <br /> proved March 30, 1923, and entitled, An Act to amend Colorado water Conservancy Disricu and. <br /> an Act entitled 'An Act concerning legal notices, adver- WHEREAS,the state has approved a loan not to <br /> tisements and publications and the fees of printers and exCeQd$5,500,000 to help pay for the cost of <br /> publishers thereof, and to repeal all acts and parts of constructing the Project Therdore:BE IT ORDAINED BY THE COUNCIL OF <br /> acts in conflict with the provisions of this act,' " being FORT MORGAN: <br /> Section 1 to 10 inclusive pages 404 to 409 inclusive of 1.The fowl of the Loan Contrast requited by the <br /> Chapter 139 (pertaining to legal notices and advertise- State as security for repayment of borrowed funds <br /> ments) of the Session Laws of the State of Colorado for and any changes ere u may be necessary in <br /> 1923, as amended by Chapter 113, Session Laws 1931; the opinion of the enemy and the bond counsel <br /> for the Enterprise to effectuate the intentions of <br /> Ordinance Nq. 815 _ the puttee.or to comply with the provisions of <br /> that the annexed app-ble law,ate hereby approved. <br /> 2.The Mayor and the(Sty Cledt are authorized I <br /> ---.._.._.-- ---------- -- and directed to execute and deliver the Loan Con- <br /> was published in the regular daily and entire issue of tract tO the State. <br /> 3.This:Ordinance is,and shall constitute,a <br /> Thor S daE - legislative measure.and after the Lam Contract is <br /> said daily newspaper on ......__.._____._._ ,L of each executed and delivered,this Ordinance shall <br /> constitute an irrevocable contract between the <br /> successive <br /> day for a period of __1 insertions; City,the Enterprise and the State,.and Lt is <br /> be and shall x�aia e <br /> that the first publication of said _Ordinance No. until thaloan covered by the Loan Contract shall <br /> be fully paid;satisfied a discharged- - <br /> —_____ 4.All aetim not moeadstms rah the provisions <br /> a ZS -•----------_-- -----—..---•-----.._._ of this Ordinance heretofore taken by the Cuy and <br /> was in the regular daily issue of said daily newspaper the or the officers thereof,and directed • <br /> July 1&5._ toward the execution and delivery of the Loan <br /> dated ---_J"'`7..6t''i_____.--.-.--._--- -_-•--•---• Contract is-hereby ratified, approved and <br /> and the last publication thereof was in the daily issue confirmed. <br /> 5.All ordinances,tesolutiaos:orders and other <br /> cl 6t —� is2 _ instruments, or parts thereof,inconsistent <br /> of said newspaper dated _L1_0- <br /> ._..— T -- herewith are hereby repealed to the extern only of <br /> IN WITNESS WHEREOF, I have hereunto set my such inconsistency.This repealer shall not be <br /> construed to revive any ordinance,resolution. <br /> t order or.other instrument, or part thereof. <br /> hand this .. th__-- day of ._Ju1,T — , 19� �- ,' haatofore <br /> i' ,.i.If, • --repealed.••.subaectim,pangaph t clause or : <br /> _----Ali rV--- 1 .�f12r ��y.— ' , t L. • .'• of this Ordinance a. 1 for an <br /> to be invalid or u nenforcesbie,the <br /> -- _---_-- .- ---='f •• t' • or une nforceability thereof shall not <br /> r y of the remaining sections,subsections.•,,r aragrapbs, clauses or provisions of this <br /> STATE OF COLORADO, ( 4 �'' :� „ ..- <br /> County of Morgan SS. !; � ..;• ordinance is necessary for the immediate <br /> T• •, anon tithe peace,health and safety. <br /> Subscribed and sworn to before me, D,PASSED ON FIRST READING AND <br /> ••---------_ �" SHRED PUBLISHED the 20th day of June. l <br /> — - <br /> Robert :'J, Spencer ---.---._---____-- l TIE CITY COUNCIL OF FORT MORGAN. '• <br /> a Notary Public in and for the County and State afore- COLORADO <br /> By:/Mme:P.Zwetzig. i <br /> F':-':1 H. Spencer Mayer <br /> said by --l— - — —..— _ — this ATTEST: <br /> -2.t:l_-- day of . . Jl,1 ..__., A.D. 19...95 Is/Nancy J.Lockwood <br /> Feb Cc' PASSED APPROVED AND ADOPTED AS <br /> My commiss expires -- s--� 17— AMENDED ON FINAL READING the 5th day <br /> of July,1995. <br /> � -- _ THE CITY COUNCIL OF FORT MORGAN, <br /> (j Notary Public COLORADO <br /> By:Mamas P.Zwe tzig. <br /> Mayor <br /> ATTEST: <br /> Is/Nancy .J.Lockwood <br /> City <br />