HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/21/2008 - SECOND READING OF ORDINANCE NO. 117, 2008, APPROPR I
ITEM NUMBER: 10
AGENDA ITEM SUMMARY DATE: October 21, 2008
FORT COLLINS CITY COUNCIL STAFF: Chuck Seest
Terri Bryant
SUBJECT
Second Reading of Ordinance No. 117,2008,Appropriating Proceeds from the Issuance of City of
Fort Collins,Colorado,Water Utility Enterprise,Water Revenue Refunding Bonds, Series 2008,in
the Maximum Aggregate Principal Amount of$19,000,000.
RECOMMENDATION
Staff recommends adoption of this Ordinance on Second Reading.
EXECUTIVE SUMMARY
Immediately following the October 21, 2008 Council meeting, the Board of the Water Utility
Enterprise will consider on second reading Ordinance No.006,which authorizes the issuance of City
of Fort Collins Colorado, Water Utility Enterprise, Water Revenue Refunding Bonds, Series 2008,
in the Maximum Aggregate Principal Amount of$19,000,000. The bonds will be issued to refund,
pay and discharge all of the outstanding Water Revenue Refunding Bonds and Improvement Bonds,
Series 1998.
The City will be paying off higher cost bonds with new bonds that will have lower interest rates. All
utility bonds are issued by the appropriate utility enterprise; however, the City Charter grants only
the Council the power to appropriate the funds. Therefore, this action by the Council is necessary
in order to appropriate the bond proceeds for the Water Utility. Authorizing the issuance of the
bonds and appropriating the proceeds are both necessary to complete the bond transaction. The final
rates will be determined by selling the bonds at a competitive sale later this year. This Ordinance,
was unanimously adopted on First Reading on October 7, 2008.
ATTACHMENTS
I. Copy of First Reading Agenda Item Summary - October 7, 2008.
(w/o original attachments)
ATTACHMENT 1
ITEM NUMBER: 12
AGENDA ITEM SUMMARY DATE: October 7, 2008
FORT COLLINS CITY COUNCIL FF: Chuck Seest
Terri Bryant
SUBJECT
First Reading of Ordinance No. 117,2008,Appropriating Proceeds from the Issuance of City of Fort
Collins, Colorado, Water Utility Enterprise, Water Revenue Refunding Bonds, Series 2008, in the
Maximum Aggregate Principal Amount of$19,000,000.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
FINANCIAL IMPACT
The Ordinance would approptte th jti Fund ceeds from bonds proposed to be
issued in Ordinance No. 006o ater U Enterprise, for the purpose of
refunding,paying and discharging all of the Enterprise's outstanding Revenue Refunding Bonds and
Improvement Bonds,Series 1998. The bonds being refunded have interest rates of4.25%to 4.75%;
the new bonds would result in an average interest rate of approximately 3.50%. Overall, the
transaction is estimated to yield cashflow savings of$1.2 million and net present value savings of
$1 million.
EXECUTIVE SUMMARY
After the regular Council meeting tonight, the Board of the Water Utility Enterprise will consider
an ordinance which authorizes the issuance of City of Fort Collins Colorado, Water Utility
Enterprise, Water Revenue Refunding Bonds, Series 2008, in the Maximum Aggregate Principal
Amount of $19,000,000. The Bonds will be issued to refund, pay and discharge all of the
outstanding Water Revenue Re OA
ov n nds, Series 1998.
The City will be paying off hiUTOS
bon hat will have lower interest rates.
The passage of Amendment 1d ent) by t Colorado voters in 1992,required
the City to form enterprises in order for its utilities to be able to issue municipal bonds without an
election. Since that time, all utility bonds have been issued by the appropriate utility enterprise.
However, the City Charter grants only the Council the power to appropriate the funds. Therefore,
this action by the Council is necessary in order to appropriate the bond proceeds for the Water
Utility. Authorizing the issuance of the bonds and appropriating the proceeds are both necessary
to complete the bond transaction. The final rates will be determined by selling the bonds at a
competitive sale later this year.
I
ORDINANCE NO. 117, 2008
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PROCEEDS FROM THE ISSUANCE OF CITY OF FORT COLLINS,
COLORADO, WATER UTILITY ENTERPRISE, WATER REVENUE REFUNDING BONDS,
SERIES 2008, IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $19,000,000
WHEREAS, upon passage on first and second reading of Ordinance No. 006 of the
Board of the City of Fort Collins, Colorado, Water Utility Enterprise (the "Bond Ordinance"),
the Enterprise intends to issue City of Fort Collins, Colorado, Water Utility Enterprise, Water
Revenue Refunding Bonds, Series 2008, in the Maximum Aggregate Principal Amount of
$19,000,000 (the"Bonds"); and
WHEREAS, the issuance of the Bonds and the appropriation of the Bond's proceeds are
necessary to complete the refunding of the City's Water Revenue Refunding Bonds, Series 2008;
and
WHEREAS, a portion of the Bonds proceeds, in the amount of $19,000,000, was not
included in the 2008 budget, and the appropriation of those proceeds is necessary to authorize
the payment to the refunded bond escrow agent and of bond issuance costs; and
WHEREAS, Section 19.3(b) of Article V of the City Charter provides that an enterprise
board of the City shall not exercise powers reserved to the Council by the City Charter or
otherwise (other than the power to issue revenue bonds and other obligations); and
WHEREAS, Article V, Section 9, of the Charter of the City of Fort Collins permits the
City Council to make supplemental appropriations by ordinance at any time during the fiscal
year, provided that the total amount of such supplemental appropriations, in conjunction with all
previous appropriations for that fiscal year, does not exceed the current estimate of actual and
anticipated revenues to be received during the fiscal year; and
WHEREAS, City staff has determined that the appropriation of the previously
unappropriated proceeds of the Bonds in the amount of $19,000,000 will not cause the total
amount appropriated in the relevant funds to exceed the current estimate of actual and
anticipated revenues to be received during the fiscal year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the previously unappropriated proceeds of the Bonds in the amount of
NINETEEN MILLION DOLLARS ($19,000,000) are hereby appropriated in the Water Fund for
payment to the refunded bond escrow agent and bond issuance costs contingent upon the final
adoption of the Bond Ordinance and the final sale and issuance of the Bonds by the Enterprise.
I
Introduced, considered favorably on first reading, and ordered published this 7th day of
October, A.D. 2008, and to be presented for final passage on 1 st day of October, A.D. 2008.
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ATTEST:
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City Clerk .�'��
Passed and adopted on final reading on the 21st day of October, A.D. 2008.
Mayor
ATTEST:
City Clerk