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HomeMy WebLinkAboutMINUTES-12/12/1974-Regular3:2`.1' December 12, 1974 ' COUNCIL OF THE .CITY OF FORT COLLINS, COLORADO Council -:danger Form of Government Regular Meeting - 5:30 P.M. 1, J. W. N. Fead, duly elected Mayor for the City of Fort Collins, do hereby call the Council Meeting for December 5, 1974, to order; due to a lack of quorum, I declare this meeting adjourned 00 and it will again convene at 5:30 p.m. in the Council Chamber of the L^ C-) City of Fort Collins, City Hall on Thursday, December 12, 1974. ' W W ' ATTEST: A Regular Meeting of the Council of the City of Fort Collins was held on Thursday, December 12, 1974 at 5:30 P.M. in the Council Chamber in the City of Fort Collins City Hall. Mayor Fead called the meeting to order. Present: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Staff members present: Brunton, Bingman, Deibel, Parsons, Cain and Lewis. Also: City Attorney March, Jr., Minutes of R-oular Meeting of November 21, 1974 and Special Meeting of November 29, 1974 approved: Mayor Fead stated copies of the minutes had been received. Councilwoman ' Preble made a motion, seconded, by Councilwoman Gray, to approve the minutes of the regular meeting of November 21, 1974 and Special ;fleeting of November 29, 1974. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. 260 32 2 Ordinance adopted on second reading Changing the Time of City Council Meetings Councilwoman Reeves made a motion, seconded by Councilman Wilkinson, that Ordinance No. 59, 1974 be adopted on second reading. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. ' ORDINANCE NO. 59 , 1974 BEING AN ORDINANCE XMENDING SECTION 2-1 OF THE CODE OF THE CITY OF FORT COLLINS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 2-1 of the Code of the City of Fort Collins. be, and the same hereby is, amended to'read as follows:. "2-1. Time and Place of Council Meetings. "Under and by virtue of the provisions of Article II., Section 11, of the Charter of the City of Fort Collins, Colorado, the time and place of the regular meeting of the Council of the City of Fort Collins shall be the first and third Tuesdays of each month ' at the hour of 5:30 P.M. in the Council Chambers of the City Hall of the City of Fort Collins; provided, however, that if a national legal holiday falls on a regular meeting date, such meeting date shall then be the preceding Monday at the same hour and place." Section 2. This ordinance shall take effect on January 1, 1975. Introduced, considered favorably -on first reading, and ordered published this 21st day of November, A.D. 1974, and to be presented for final passage on the 128iday of December, A.D. 1974. ATTEST: City Clerk 1 261 32R. Passed and adopted on final reading thisl2th day of December, ' A.D. 1974. ATTEST, M�PrA A A /�144 4 G, City lark v\i First reading: November 21, 1974 (Yeas: 6, Nays: 0) 00 Second reading: December. 12, 1974 (Yeas: 7, Nays: 0) Published: November 26 � and December 17, 1974 W Attest: City Cler Ordinance adopted on second reading amending the Code relative to Unit Development Plans ' Councilwoman Gray made a motion, seconded by Councilwoman Preble, that Ordinance No. 60, 1974 be adopted on second reading. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. ORDINANCE NO. 60, 1974 BEING AN ORDINANCE AMENDING SECTION 118-83 OF THE CODE OF THE CITY OF FORT COLLINS BEING A PART OF THE ZONING ORDINANCE RELATING TO UNIT DEVELOPMENTS BE. IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That Section 118-83 of the Code of the City of Fort Collins be, and the same hereby is, amended by adding thereto an additional subsection E as follows: "E. Minor Amendments to ApprovedUnit Development Plans. Minor amendments to an approved unit development plan changing the location, siting or height of buildings and structures and similar. minor changes may be authorized and approved by the Planning ' Director without additional public hearings and without further action by either the Planning and 262 3 2-4 ' Zoning Board or the City Council. No such amend- ment may be approved by the Planning Director ' pursuant to this provision if the same would cause any -of the following: 111. A change in the use or character of the development. 112. An increase in the overall coverage of the site with structures. "3. Any increase in problems of traffic circulation and public utilities. 114. A reduction of more than three percent C3%) of the open space on the approved unit develop- ment plan. "b. A reduction of more than one percent C1%) of the off street parking and loading spaces on the approved unit development plan. 1'6. A reduction in pavement widths or rights of way for streets or easements. "7. An increase of greater than two percent ' C2%) in the gross leasable floor areas of commercial buildings. 118. An increase -of more than one percent fl%) in the residential density. "Ail other amendments to approved unit development plans shall require the approval of the City Council after study and report thereon by the Planning and Zoning Board." Introduced, considered favorably on first reading, and ordered published this 21st day of November, A.D. 1974, and to be presented for final passage on the 12thday of December, A.D. 1974. ATTEST: Assistant Mayor City Clerk- 1 263 32` Passed and adopted on final reading thisl2th day of December, A.D. 1974. ATTEST:.17 M2Yor / C- City Clerk 00 First reading: November 21,1974 (Vote: Yeas: 6, Nays: 0) USecond readine: December 12, 1974 (Vote: Yeas: 7, Nays: 0) W PublisliedrDates:._- November 26 and December 17, 1974. Attest: City Clerk Ordinance adopted on first reading relating to the Salaries of the City Manager and City Attorney ' This Ordinance was inadvertently not published, as required by the Charter, necessitating the reading at length and rescheduling of first and second readings. City Clerk, Verna Lewis, read the Ordinance at length: Councilwoman Reeves made a motion, seconded by Councilman Wilkinson, to adopt Ordinance No. 62, 1974 on first reading. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Ordinance authorized forcibly annexing the Sonoran View Annexation Assistant Paul Deibel, identified the area in question and stated this is a proposal for a "forced" annexation of 5 acres; an unincorporated area which has been surrounded by the City of Fort Collins for over three years. The Planning and Zoning hoard and Staff recommended approval. Councilman Russell made a motion, seconded by Councilman Bowling, to refer the natter to the City Attorney for preparation of the necessary legal docu- ment on annexation and Zoning. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Partial Replat of the Willow Lane P.U.D. ' Subdivision approved Assistant Planner, Paul Deibel, identified the area in question and stated the P.U.D. had been previously, approved by Council on August, 1973 and has been 264 3 2 6" partially developed. The replat proposes town houses instead of condominiums. The Planning and Zoning Board and the Staff reconnended approval of the partial replat. Councilman Wilkinson made a motion, seconded by Councilman Bowling, to approve the partial replat of the willow Lane P.U.D. Subdivision. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Sundance Hills P.U.D., First Filing approved Assistant Planner, Paul Deibel, identified the area in question, the pro- posal is for the first eight buildings for 36 units on approximately 4 acres. Council discussed the street names on the entire subdivision plat. The Planning and Zoning Board and the Staff had recommended approval of the P.U.D. Councilman Bowling made a motion, seconded by Councilman Wilkinson, to approve the Sundance Hills P.U.D. First Filing. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Resolution authorized regarding proposed changes in the Liquor Lams Legislative Representative, Councilwoman Nancy Gray, stated that she had con- ' taated Executive Director of the Colorado Municipal League, Mr. Ken Bueche, in regards to the recommendation made by the Liquor Licensing Authority. Mr. Bueche was concerned that there would not be staff time available to pull together legislation to make the changes recommended; Mr. Bueche felt per- haps the League could lobby for specific changes the Liquor Licensing Authority had put forth. She, therefore, recommended that Council should contact our legislators and that Mr. Bueche had also recommended an interim committee be formed to review the liquor laws in the summer. City Attorney March spoke to the questions raised by Council members on the intent of the recommendation. It was the consensus of the Council that this matter be referred to the City Attorney to draft a resolution which would endorse a study committee to review.changes in the liquor laws. Resolution adopted as amended adopting the report of the City Engineer on Street Lighting Improvement District No. 4 City Attorney March stated the report of the City Engineer was before the Council, some figures needed to be changed in the estimated construction cost to $32,593.00 and by adding City cost of $23,941.12. The resolution was then read by title. The resolution needed to be amended , by striking the word "none" at the end of the first partial paragraph and insert "all amounts in excess of $8,651.88, estimated to be $23,941.12. 265 Councilman Russell made a motion, seconded by Councilwoman Reeves, to amend the resolution as above. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson, Nays: None. Councilwoman Preble made a motion, seconded by Councilwoman Gray, to adopt the resolution, as amended. Yeas: Council members Bowling; Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. RESOLUTION 74-102 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPT- ING THE REPORT OF THE CITY ENGINEER ON THE ESTIMATES, COSTS AND ASSESSMENTS FOR STREET LIGHTING IMPROVE- MENT DISTRICT NO. 4, APPROVING THE DETAILS AND LC: SPECIFICATIONS FOR SUCH PROPOSED DISTRICT,:DETER- � MINING THE AMOUNT OR PROPORTION OF THE TOTAL COST W TO BE PAID BY A METHOD OTHER THAN ASSESSMENTS AGAINST PROPERTY IN THE DISTRICT, THE NUMBER OF INSTALLMENTS AND THE TIDE WITHIN WHICH THE COST OF THE IMPROVEMENTS ASSESSED AGAINST PROPERTY IN THE DISTRICT WILL BE PAYABLE, THE RATE OF INTEREST TO BE CHARGED ON UNPAID INSTALLMTENTS, THE PROPERTY TO BE ASSESSED FOR THE IMPROVEMENTS, THE METHOD OF MAKING SUCH ASSESSMENTS, AND THE DATE :HEN THE I COUNCIL WILL HOLD A HEARING AND CONSIDER THE ORDERING BY ORDINANCE OF THE PROPOSED IMPROVEMENTS WHEREAS, heretofore the City Council by resolution directed the City Engineer to make a complete survey of proposed Street Lighting Improvement District No. 4, includ- ing the preparation of a map, ;plans and specifications, and estimate of cost of the improvement's in said proposed district; and WHEREAS, the City Engineer has made his report and has presented the details and specifications for the proposed district. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: ' Section 1. That the report, plans, specifications, map and estimate as presented by the City Engineer for said district be and the same hereby are accepted and approved. Section 2. The following amount or proportion of the 32_. total cost of such improvements shall be paid by the City at large and not by assessments against property in the district, to -wit: . All amounts in excess of $8,651.88 estimated to be $23,941.12. Section 3. The property to be assessed for the improve- ments shall be as follows: All lots and lands abutting upon the streets to be improved with street lighting, to -wit: Lake Street from College Avenue west to Shields Street; and " Prospect Avenue from College Avenue west to Shields Street. Section 4. Assessments for the cost of installing the improvements in the district will be made as follows: Upon all lots and lands abutting on the streets improved in proportion as the frontage of each lot or 'tract of land is to the frontage of all lots and lards so improved. Section 5. Said assessments shall be payable in ten equal annual installments, with interest on the unpaid installments at the rate of six percent (6%) per annum. Section 6. That on the 21st day of January, 1975, at the hour of 5:30 o'clock P.M., or as soon thereafter as the matter may come on for hearing, in the Council Chambers of the City Hall, City of Fort Collins, is the date on which the Council of the City of Fort Collins will consider the ordering by ordinance of the proposed improvements and hear all complaints and objections that may be made and filed in writing concerning the proposed improvements by the owners 267 1 1 1 �32'4 1 L^ W W of any real estate to be.assessed or any persons interested generally. Section 7. The City Clerk be and she hereby is directed to give notice by pLtl.ication and mailing to the owners of property to be assessed and to all interested persons generally, all as set forth in Chapter 16 of the Code of the City of Fort Collins. Passed and adopted at a regular meeting of the City Council held this 12th day of December, 1974.. NOTICE TO THE OWNERS OF PROPERTY TO BE ASSESSED IN STREET LIGHTING IMPROVEMENT DISTRICT NO. 4 AND TO ALL INTERESTED PERSONS OF THE KINDS OF IMPROVEMENTS PROPOSED, THE NUMBER OF INSTALLMENTS, AND THE TIME IN WHICH THE COST OF SUCH IMPROVEMENTS WILL BE PAYABLE, THE RATE OF INTEREST TO BE PAID ON UNPAID AND DEFERRED INSTALLMENTS, THE EXTENT OF THE DISTRICT TO BE IMPROVED,. THE PROBABLE COST AND THE MAXIMUM COST TO BE ASSESSED, THE TIME WHEN THE CITY COUNCIL WILL CONSIDER ORDERING BY ORDINANCE THE PROPOSED IMPROVEMENTS AND HEAR COMPLAINTS AND OBJECTIONS, AND THAT A MAP OF THE DISTRICT AND DETAILS CONCERNING THE SAME ARE ON FILE AND CAN BE SEEN IN THE CITY CLERK'S OFFICE Public notice is hereby given to persons interested and to owners of property to be assessed in Street Lighting Improvement District No. 4 that the kind of improvements .proposed .for said district is: The installation of street 268 - 330 lighting on the streets in the District, and that the cost of said improvements as assessed will be payable in ten equal annual installments and that the rate of interest to be paid on unpaid and deferred installments will be six percent (6%) per annum and that the extent of the district to be improved is as follows: Lake Street from College Avenue west to Shields Street; and Prospect Avenue from College Avenue west to Shields Street, and that the probable cost of said improvements as shown by the total estimate of the City Engineer is $32,593.00 exclusive of the cost of collection, legal, advertising, engineering, financing, interest and other incidentals and that to said cost will be .added. an amount.equal to thirteen percent (13%) of such cost to cover the expense of collection, legal and advertising, ' `engineering, financing, interest during construction, and other incidentals and that assessments for the cost of such improvements within the district will be made as follows: upon all of the lots and lands abutting on the streets improved in proportion as the frontage of each lot or tract of land is to the frontage of all lots and lands so improved; and that the maximum cost to be assessed, exclusive of the cost of collection, legal and advertising, engineering, financing, interest during construction, and other incidentals, is as follows: $0.486 per front foot, and that on the 21st day of January, 1975, at the hour of 5:30 o'clock P.M., or as soon thereafter as the matter maay come on for hearing in ' the Council Chan4=ers in the City Hall, -Fort Collins; Colorado, :289 3:3 is the date that the'City Council will consider the ordering by ordinance of the proposed improvements and hear all complaints and.objections that may be made and filed in writing by the owners of any property to be assessed or perscns interested generally. All complaints or objections should be made in writing and filed -in the office of the. N City Clerk in the City Hall before said date; and 00 That a map of the district and estimates of cost, W schedules showing the approximate amount per front foot to be assessed upon the several lots or parcels of land within the district and all proceedings of the City Council in the premises are on file and can be seen and examined in the City Clerk's office during business hours at any time before ' said hearing. Dated at Fort Collins, Colorado, this 12th day of December, A.D. 1974.. City Clerk Policy with regards to accepting water from 5outhside'Ditches adopted City Attorney March spoke to the following policy, that the moratorium be lifted that stock in these companies be taken only at the following yield: Larimer County Canal No. 2 irrigating Company: Number of active shares (per Bittinger report) 116 Historic annual yield, 1913-1970 7,9.46.00 acre feet Yield per share 54.42 acre feet *This does not include priority 14 which is oxned by individual stockholders. 270 332 Arthur Ditch Company: Number of active shares (per Bittinger report) Historic annual yield, 1913-1970 Yield per share 1,210 5,193.00 acre feet 4.29 acre feet New Mercer Ditch Company: Number of active shares (per Bittinger report) 146 Historic annual yield, 1913-1970 5,392.00 acre feet Yield per share 36.93 acre feet Councilman Bowling made a motion, seconded by Councilman Wilkinson, to adopt the above policy with regards to accepting water from the Southside Ditches. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Notification of increase in resale Power Service Rates acknowledged City Manager Brunton stated Mayor Fead had received the notification of the increase in the City's cost of power resale from Mr. Al Hamilton, General 'Manager of the Platte River Power Authority. The Administration recommended that'Council officially acknowledge the notification from Platte River Power Authority. Councilman Wilkinson made a motion, seconded by Councilman Rhissell, to acknowledge receipt of the letter and resolution regarding the resale power service rates. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Ordinance authorized implementing the Water Rate increase City Manager Brunton stated this item was scheduled for discussion at a work session. Councilwoman Gray stated she thought Council had approvedthe increase in 1973 and was to be accompanied by an automatic increase on January 1, 1975. City Attorney March stated the present ordinance did not provide for the automatic increase and that an ordinance change would be required if Council wished the increase to go into effect on January 1, 1975. It was the consensus of the Council that the City Attorney be directed to prepare an ordinance on the increased rates to be presented on December 19, 1974 for hearing and first reading. 1 1 271 ' Emergency Ordinance adopted authorizing i the issuance of General Obligation Water Refunding'Bonds City Manager Brunton called on Mr. Owen Moore to -clarify the Water Refunding Ordinance and explain why the City is not refunding the Sewer Bonds at this time. Mr. Moore stated that when representatives of Boettcher and Company had met with the City Council on November 29, 1974 they had advised the Council that they would purchase government securities under the conditions which were outlined, since that time the government market has gotten stronger and the municipal market has gotten weaker. Therefore, Boettcher and Company was 00 requesting that their contract, dated November 29, 1974 which has a 30 business L' day option, be extended to 60 days, or an extension of 30 business days on jthe Sewer Refunding bonds. W 1 Councilwoman Preble made a motion, seconded by Councilwoman Reeves, to authorize a 30 business day extension to the contract with Boettcher and Company on the Sewer Refwiding. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. STATE OF COLORADO ) ) COUNTY OF LARIMER ) ss. ) CITY OF FORT COLLINS ) -The City Council of the City of Fort Collins, Colorado met in regular session, in full conformity with law and the ordi- nances -and rules of the City, at the City Hall, being the regu- lar meeting place of the Council, on Thursday, the 12th day of December, 1974, at 5:30 o'clock P.M. There were present and answering at roll call: Mayor: J. W. N. Fead . Assistant Mayor,:. Nancy P. Gray Councilmen: Charles D. Bowling Mabel Preble Margaret E. Reeves Jack Russell Earl Wilkinson 272 334 a Also present: City Manager:- Robert L. Brunton ' City Clerk: Verna Lewis Director of Finance: Charlie D. Cain City Attorney: Arthur I4arch, Jr. Absent: nov) e - Thereupon there was read and considered the following Ordinance: ORDINANCE 140. 64 1974 AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION 14ATER REFUNDING BONDS, SERIES 1974, IN THE PRINCIPAL AMOUNT OF $1,935,000, OF THE CITY OF FORT COLLINS, COLORADO, FOR THE PURPOSE .OF REFUND- ING $2,365,000 GENERAL OBLIGATION WATER BONDS DATED ' JUNE 1, 1965; PROVIDING FOR THE ESTABLISHMEidT OF AN ESCROW ACCOUNT FOR THE PAYMENT AND REDE%TTION OF THE OUTSTANDING BONDS TO BE REFUNDED; PRESCRIBING THE FORM'OF THE 1974 REFUNDING BONDS; PROVIDING FOP, THE APPLICATION OF THE. NET REVENUES OF THE WATER SYSTEM AND FOR THE LEVY OF TAXES TO PAY SAID RE- FUNDING BONDS AND THE INTEREST THEREON; PRESCRIBING OTHER DETAILS IN CONNECTION THEREWITH; AND DECLAR- ING All EMERGENCY. WHEREAS, the City of Fort Collins, in the County of Larimer and State of Colorado, is a political subdivision of the State, a body corporate and politic, and a home -rule city. pursuant to Article XX of the State Constitution and -the Charter of the City; and WHEREAS, the City Council (herein "Council") deems it ne-, cessary to authorize -by this Ordinance the issuance of nego- ' tiable, coupon, General Obligation Water Refunding Bonds, 273 Series 1974, of the City, to provide funds to refund and pay the outstanding General Obligation (dater Bonds of the City, described in this Ordinance; and WHEREAS, the City of Fort Collins, Colorado, by Ordi- nance heretofore adopted and approved by the City Council, has authorized the issuance of its General Obligation [dater Bonds, Series June 1, 1965, dated June 1, 1965, in the amount of $3,200,000 (herein the "1965 Issue"), of which there re- main outstanding the amount of $2,365,000, being bonds num- bered 168 to 640, inclusive, bearing interest payable semi- annually on June 1 and December 1 each year, and maturing on December 1 as follows: Bond Numbers Amounts Years Interest Rate ' (All Inclusive) Maturing 1.1aturing (Per Annum) 168 - 203 $180,000 1975 2.90% 204 - 240 185,000 1976 2.90% 241 - 279 195,000 1977 2.90% 280 - 319 200,000 1978 2.900/' 320 - 360 205,000 1979 3.00% 361 - 403 215,000 1980 3.00% 404 - 447 220,000 1981 3.00`/ 448 - 493 230,000 1982 3.00% 494 - 540 235,000 1983 3.10% 541 - 589 245,000 1984 3.10% 590 --640 255,000 1985 3.10% and WHEREAS, bonds maturing December 1, 1975 and thereafter, are redeemable prior to maturity at the option of the City, in inverse numerical order, on December 1, 1974 and on any in- terest payment date thereafter, upon payment of par and ac- crued -interest; and 274 336 WHEREAS, the City Council has determined that it is ne- cessary and in the best interests of the City that the out- standing water bonds described above, in the aggregate prin- cipal amount of $2,365,000 remaining outstanding, be refunded -(1) in order to remove restricting and ambiguous covenants and to permit the issuance of future general obligation. water bonds additionally secured by a pledge of net water revenues of the City, on a parity first lien basis, regardless of time of issuance, and without satisfaction of an earnings test, and thereby to permit the issuance of further bonds on more advantageous terms without question as to the existence of the superior prior pledges or liens; and (2) in order to re- duce rates and interest costs and to effect.other economies, thereby providing the City with a decrease in total debt .requirements in excess of $194,685, all to the benefit of the City and its inhabitants, in accordance with the Charter; and WHEREAS, General Obligation ?ater Refunding Bonds, Series L 1974, in the amount of $1,935,000, have been sold and awarded to Boettcher and Company, of Denver, Colorado, for cash, at par and accrued interest; THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO: Section 1. That for the purpose of providing funds with which to refund and pay $2,365,000 of itc 1965 Issue, above described, the City of Fort Collins, Colorado shall issue its General Obligati -on Water Refunding Bonds, Series 1974, in the principal amount of $1,935,000. Said Refunding Bonds J 275 1 1 3 3:7. shall be dated December 1, 1974; shall consist of 387 bonds in the denomination of $5,000 each, numbered 1 to 387, inclu- sive; shall bear interest at the rate of 6% per annum, paya- ble on June 1, 1975 and -semiannually thereafter on the 1st day of June and the 1st day of December each vear, and shall mature semiannually on June 1 and December 1, as follows: Amount Maturity $ 75,000 June 1, 1975 60,000 December 1, 1975 75,000 June 1, 1976 70,000 December 1, 1976 100,000 June 1, 1977 60,000 December 1, 1977 100,000 June 1, 1978 65,000 December 1„ 1978 100,000 June 1, 1979 75,000 December 1, 1979 100,000 June 1, 1980 90,000 December 1, 1980 100,000 June 1, 1981 100,000 December 1, 1981 115,000 June 1, 1982 100,000 December 1, 1982 125,000 June 1, 1983 105,000 December 1, 1983 125,000 June 1, 1984 120,000 December 1, 1984 50,000 June 1, 1985 25,000 December 1, 1985 The 1974 Refunding Bonds shall not be redeemable prior to their respective maturity dates. The 1974 Refunding Bonds and the interest coupons at- tached thereto shall be payable in lawful money of the United States of America, at the office of the Director of Finance, Fort Collins, Colorado. Section 2. The 1974 Refunding Bonds shall. be signed with the facsimile signature of the Mayor, with a facsimile of the seal of the City affixed thereto, attested by the manual.signature of the City Clerk, and countersigned by the facsimile signa- ture of the Director of Finance of the City. The interest 276 338 coupons Attached to said bonds shall bear the facsimile sig- nature of the Director of Finance, and when issued as afore- said as part of said bonds, shall be the binding obligations of the City according to their import. Should any officer whose manual or facsimile signature appears on said bonds or the interest coupons attached thereto cease to be such offi- cer before delivery of the bonds to the purchaser, such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes. Section 3. That the Refunding Bonds and the interest coupons attached thereto shall be in substantially the fol- lowing form: (Form of Bond) UNITED STATES OF AIIERICA STATE OF COLORADO COUNTY OF LARIMER CITY OF FORT COLLINS GENERAL OBLIGATION WATER REFUNDING BOND SERIES 1974 No. $5,009 The City of Fort Collins, in the County of Larimer and State of Colorado (herein the "City"), hereby acknowledges itself indebted and promises to pay to. the bearer hereof the sum of FIVE THOUSAND DOLLARS June on the 1st day of December, 19_, with interest thereon at the rate of six per centum (6%) per annum, payable on June 1, 1975 and semiannually thereafter on the 1st day of June and the ' lst day of December each year, at the office of the Director 277 of Finance; in Fort Collins, Colorado, upon presentation and ' surrender of said coupons and this bond as they severally be- come due. Bonds of this issue are not callable for redemption pri- or to their respective maturity dates. This bond is issued by the City Council of the City of Fort Collins, Colorado, for the purpose of providing funds OG with which to refund General Obligation [dater Bonds of the L7 City, under the authority of and in full conformity with the W Constitution of the State of Colorado and the Charter of said City, and pursuant to an ordinance duly adopted, pub- lished and made a law of said City prior to the issuance of this bond. ' It is hereby certified and recited that all the require- ments of law have been duly complied with by the proper of- ficers of the City in the issuance of this bond; that the total debt of the City, including that of this bond, does not exceed any limit of indebtedness prescribed by the Constitu- tion or laws of the State of Colorado or the Charter of the City; and that provision has been made for the levy and col- lection of annual taxes on all of the taxable property in the City and the application of the net revenues of the municipal waterworks system of the City sufficient to pay the interest on and the principal of this bond when the same become due. The full faith and credit of the City of Fort Collins, Colorado are hereby pledged for the punctual payment of the principal of and interest on this bond. 278 3-4 (' IN TESTIMONY IIMEREOF, the City Council of the City of Fort Collins, Colorado has caused this bond to be signed with the facsimile signature of. the ?Mayor, sealed with a facsimile of the seal of the City, attested by the manual signature of the City Clerk, countersigned with the facsimile signature of the Director of Finance, and the interest coupons attached hereto to be signed with the facsimile signature of the Di- rector of Finance, as of the 1st day of December, 1974. (FACSIMILE SEAL) ATTEST: (Do Not Sipn) City C1 COUNTERSIGNED: (Facsimile Signature) Mayor (Facsimile Signature) Director o T.inance (Form of Interest Coupon) No. $_ June On the 1st day of December, 19_, the City of Fort Collins, in the County of Larimer, State of Colorado, will pay to the bearer the amount shown hereon in lawful money of the.United States of America, at the office of the Director 279 1 a of Finance, in Fort Collins, Colorado, being interest then ' due on its General Obligation Water Refunding Bond,'Series 1974, dated December 1, 1974, bearing No. (Facsimile Signature) Director of :inance Section 4. When said Refunding Bonds have been duly L7 executed, the Director of Finance is hereby directed to de- j `Q liver the bonds to the purchaser thereof on receipt of the agreed purchase price therefor. The proceeds of the Refund- ing Bonds shall be used only for the purpose.stated therein and for paying the costs and expenses incurred incidental to the issuance of said bonds and for no other purpose whatever. Neither the purchaser of said bonds nor the subsequent holder of 'any of them shall be responsible for the application or disposal by the City, or any of its officers, of any of the funds -.derived from the sale thereof. Section 5. For the purpose of providing, the necessary funds to meet the interest accruing on the Refunding Bonds as the same becomes due, and for the purpose of providing for the payment.of the said bonds as they mature, there shall be levied on all the taxable property of the City, in addition to all other taxes, direct annual taxes sufficient to pay said interest and principal promptly as the same become due, and said taxes when collected shall be applied solely for the purpose of the payment of the interest on and the principal of the bonds,- respectively, and for no other purpose what- 342 V ever until the indebtedness so contracted under this Ordi- nance, both principal and interest, shall have been fully paid, satisfied and discharged; but nothing herein contained ' shall be so construed as to prevent the City from applying any other funds available or committed for that purpose to the payment of said interest or principal as the same, re- spectively, mature, and upon such payments, the levies herein provided may thereupon to that extent be diminished. The sums produced by the levies hereinabove provided to meet the interest on the Refunding Bonds and to discharge the prin- cipal thereof when due are hereby applied for that purpose, and said amounts shall be included in the annual budget reso- lutions and the appropriation ordinances to be adopted and passed by the Council in each year, if such actions shall be ■ necessary to effectuate the provisions of this Ordinance, while any of the Refunding Bonds herein authorized, either as to principal or interest, are outstanding, or unpaid. No Char- ter, statutory or constitutional provisions enacted after the issuance of the Refunding Bonds herein authorized shall in any manner be construed as limiting or impairing the obligation of the City to levy ad valorem taxes without limitation of rate or amount for the payment of the principal of and inter- est on the.bonds herein authorized. Section 6. The City hereby irrevocably pledges'to pay the principal of and the interest on the Refunding Bonds from the net revenues of the municipal waterworks system (herein , 281 343 "system"). The City hereby reserves the right to secure, ' without restriction, any water bonds and refunding water bonds of the City hereafter issued equally and ratably with the December 1, 1974.Refunding Bonds. The City also hereby commits itself to fix and annually to maintain rates and charges for water and services furnished by the system which, together with moneys on hand and available therefor, will be x sufficient to pay operation and maintenance expenses of the system and the principal of and interest on all bonds and W other obligations of the system, as they respectively become due. The term "net revenues" as used 'herein refers to the gross revenues of the system after the payment of operation and maintenance expenses. The term "operation and maintenance expenses" as used herein means all current reasonable and ne- cessary expenses of operating, maintaining and repairing the system, but does not include any allowance for depreciation or capital replacements and improvements. 'Section 7. The terms "municipal waterworks system" or "system" as used herein shall include not only the property comprising the waterworks system of the City of. Fort Collins at the present time, but all additions and betterments thereto and improvements and extensions thereto which may hereafter be constructed or acquired by the City. Section 8. The City hereby additionally irrevocably covenants and agrees with each and every holder of the Re- funding Bonds that so long as any of said bonds remain out- standing: 282 344 (a) It will continue to operate and manage the system in an efficient.and economical manner and keep and maintain separate accounts of the receipts and disbursements thereof ' in such manner that the revenues thereof may at all times be readily and accurately determined (b) It will not sell or alienate any of the property constituting any part or all of the system in any manner or to any extent as might -reduce the security provided for the payment of the Refunding Bonds, but the City may sell any portion of such property which shall have been replaced by other similar property of at least equal value, or which shall cease to be necessary for the efficient operation of the system. (c) The rates for all services rendered by the system to the City and to its inhabitants and to all consumers with- ' in or without the boundaries of the City shall be reasonable and just, taking into account and consideration the cost and value of the system and the proper and necessary allow- ances for the depreciation thereof and the amounts necessary for the retirement of all bonds and.other securities or ob- ligations payable from the revenues of the system, and the "accruing interest thereon. (d) There shall be charged against all purchasers of service such rates and amounts as shall be adequate to meet" the requirements of this and the preceding secitons hereof, and said rates and amounts from the system shall be sufficient to satisfy the requirements of Section 6 hereof. f 283 345 ' (e) The City shall cause all rates, fees and service charges appertaining to the system to be collected as soon as reasonable, shall prescribe and enforce rules and regula- tions for the payment thereof and for the connection with and the disconnection from properties of the system, and shall provide methods of collection and penalties, including x but not limited to denial of service for non-payment of such U Cc] rates, fees and service charges, to the end that net revenues W of the system shall be adequate to meet the requirements hereof. (f) At regular periods each year it will render bills for water services furnished. Until paid, all water rates, ' fees, tolls and charges shall constitute a lien on the prop- nd the City shall take.whatever action is le- erty served, a gally permissible promptly to enforce and collect delinquent water rates, fees, tolls and charges, and to enforce said liens. (g) At least once each year it will furnish Boettcher and Company, purchasers of the Refunding Bonds, with a com- plete statement of the receipts and disbursements of and for the system for the fiscal year inLmediately preceding such statements. (h) it will carry workmen's compensation, public lia- bility and other forms of insurance on insurable system ' property, in such amounts as is customarily carried on prudently operated systems of like character. 284 346 Section 9, The proceeds derived from the sale of the Refunding Bonds authorized herein, in an amount not less than $1,935,000, and the accrued interest on the bonds be- ing refunded, shall be deposited ,ith the First National �. Bank, Fort Collins, Colorado (hereinafter the "Bank,"), in a separate fund and escrow account hereby created and known as the "City of Fort Collins General Ob- ligation dater Bonds, Series 1965, Escrow Account", herein designated as the "Refunding Escrow Account" or "Escrow Ac- count", which account shall be at all times sufficient,to- gether with any interest to be deriaved from the investment — and any temporary reinvestment of the deposits, or any part thereof, in direct obligations of or obligations guaranteed by the United States of America, to pay the principal of and interest on the outstanding issue to be retired, at their re- spective maturities, as follows: 1965 Issue: Bonds numbered 168 to 640, inclusive, maturing in the years 1975 and thereafter, shall be paid and retired at their respective maturity dates, at the office of the Director of Finance, in Fort Collins, Colorado, according to their origi- nal terms. Interest on the outstanding bonds of. the 1965 Issue shall be paid as the same accrues, according to the original terms of said bonds, until said bonds mature. Section 10.. The Bank shall invest the funds on deposit in the Refunding Escrow Account in direct.obligations of or 1 1 285 4?. obligations guaranteed by the United States of America, and ' shall fully secure any cash balance in said account in the manner required by law for other trust funds. Section 11. If for any reason, at any time, the funds on hand in such -Refunding Escrow Account shall be insuffi- cient to meet the payments required as the same shall be ,y about to become due and payable, the City Council of the City U shall forthwith deposit in such Refunding Escrow Account W such additional funds as may be required fully to meet the amount so about to become due and payable. Section 12. The Bank shall from time to timeredeem all or a portion of the obligations in said Refunding Escrow Account, in sufficient amounts "so that the proceeds there- from and the interest thereon as the same accrues will be sufficient to meet the interest requirements on the out- standing Issue as such interest accrues, and to pay or call in and redeem said bonds at their respective maturities, ac- cording to the schedule hereinabove set forth. Section 13. The Mayor, Clerk and Director of Finance of the City shall,. and they are hereby authorized and directed to take all necessary or appropriate action toward the exe- cution of a proper Escrow Agreement with the Bank concerning the deposits in, investments of and disbursements from said Refunding Escrow Account, and such other agreements as may be necessary or desirable to effectuate the provisions of this Ordinance and comply with the requirements of law. 286 348 Section 14. On or about the date when the Refunding Bonds are delivered, or within a reasonable time thereafter, the Director of Finance is authorized and directed to publish a notice of refunding one time in a newspaper published in the City. Section 15. The City covenants and agrees that it will make no use of the proceeds of the bonds authorized herein which might cause such obligations to be arbitrage bonds within the meaning of Section 103(d) of the Internal Revenue Code of 1954, as amended, and the Regulations proposed and in effect thereunder. Section 16. 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 re- , maining provisions of this Ordinance, it being the intention that the various provisions hereof are severable. Section 17, All ordinances or parts thereof in conflict with this Ordinance are hereby repealed. Section 18. After said Refunding Bonds are issued, this Ordinance shall be and remain irrepealable until said bonds and the interest thereon shall have been fully paid, satis- fied.and discharged. Section 19. By reason of the fact that the municipal bond market and the government bond market are subject to sudden and unpredictable changes, the savings and other ad- vantages afforded to the City by refunding the issue of out- ' standing General Obligation Water Bonds described in this Or- 237 3 49 1 N DD L0 U W W 1 1 dinance could be drastically reduced or eliminated, thus jeopardizing the entire plan of refunding, all to the detri- ment of the City and its inhabitants, it is hereby declared that an emergency exists, and that this Ordinance is neces- sary for the immediate preservation or protection of public health,.property or safety, and that this Ordinance shall be- come effective immediately, and shall be numbered and record- ed in the Ordinance Record, authenticated by the signatures of the Mayor and of the City Clerk, shall be published in the Coloradoan ,.a newspaper of the City published and of general circulation therein, within 5 flays after passage, and such publication shall also be au- thenticated by the signatures of the Mayor and City Clerk. INTRODUCED, PRESENTED AND FINALLY PASSED THIS 12TH DAY OF DECEMBER, 1974. ( S E A L ) ATTEST: —City C re_r R_ �Li �i. rifi Thereupon Councilwoman Gray moved that said Ordinance be passed and adopted as read, as an emer- gency ordinance. Councilman Bowline seconded the motion. 350 h The question being upon the passage and adoption of the Ordinance, the roll was called with the following result: Those voting AYE: Mayor: J. W. N. Fead Councilmen: Charles Bowling Nancy P. Gray Mabel Preble Margaret E. Reeves Jack Russell Earl Wilkinson Those voting NAY: none The presiding officer thereupon declared that, the Mayor and at least four members of the entire Council having voted in favor thereof, the motion was carried and the Or- dinance duly passed and adopted as an emergency ordinance. It was then ordered that said Ordinance be recorded by the City Clerk in the Ordinance Record of the City, and a copy'of said Ordinance be published in a newspaper of wide circulation in the City. After consideration of other business to come before the City Council, the meeting was adjourned. ( S E A L ) ATTEST: U7-Z L_� A�'_ rty Clerk 1 1 go 1 1 Presented as an Emergency Ordinance December 12, 1974 Published December 17, 1974 Attest: c'ty Cier (Vote: Yeas: 7, Nays: 0) _ ..... _ Escrow agreement between the City of Fort Collins and the First National Bank of Fort Collins approved Mayor Fead stated a motion was necessary to approve the escrow agreement relating to General Obligation hater Bonds. Councilman Bowling made a motion, seconded by Councilwoman Preble, to approve the escrow agreement and authorize the Alayor and City Clerk to execute the agreement. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Citizen Participation 1.• Nancy York, South Whitcomb, addressed the Council on the priorities of City spending and concerns for social services. Councilwoman Gray responded to the funding for Social Services under revenue Sharing. Mayor Fead stated Council shares Nis. York's concerns but many of the things she. had pointed out in expenditures are from ear marked funds and not at Council's discretion to spend. 2. K2vin Keane, 1712 Concord Drive, addressed the Council and requested (a) to make it a matter of urgent priority to find out what the situation is (based on an article that there are cancer producing substances in the air in Fort Collins), (b) if the situation is indeed found to be gave, to spare no effort to eliminate the problem if it is within the City limits, and if outside the City, to take some other action. City Manager Brunton responded to the question by saying that a meeting has been set to discuss this with state officials and a report would be Tade to the Council. Appeal from National Conrenience Stores dba Shop 'n Go Markets for two 3.2% Fermented Malt Beverage Licenses denied by the Liquor Licensing Authority taken under advisement City Attorney March stated this was an appeal that is to be on the record, the Council has received copies of the transcripts from the Liquor Licensing Authority hearing, the City Clerk had furnished a list of the existing outlets in the City, the address and type of outlet, also a copy of the resolution and findings of the Authority in acting on.the two applications. State law generally requires that in considering an application for a license, the Authority considers the needs of the neighborhood and the desires of the inhabitants in the neighborhood. The ?on J J u neighborhood established for both applications was a 2,000 foot radius. The City Attorney suggested that Council hear the arguments of the proponents for license, in relation,to both the hearings; Assistant City Attorney Myatt is in attendance and could respond to the arguments. The possible actions of the Council would be to: 1. Refer back to the Authority for further proceedings. 2. Sustain the decision of the Authority. 3. Reverse the decision of the Authority and remand the matter to the Authority with direction to grant the license. The hearing followed. Attoney Jameeachrlocations ocat onsseparately. City Attorney1cantsMyatt�respondedd nlbehalf mofttreating the Licensing Authority. (A complete transcript of this hearing was made by the Court recorder). Councilman Russell made a motion, seconded by Councilwoman Reeves, to take this matter under advisement and render a decision at a later date. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Washington Park -selected as site for ' new Library Mayor Fead stated this was a hearing and requested that there not be repetition of statements; background information would be presented by the Administration first, then Library Board Chairman, Mrs. Bennett, would make a statement, then public discussion. City Manager Brunton started the presentation. The following then spoke to the subject: 1. Sarah Bennett read from a prepared statement in support of the Library Park. . 2. Robert Clark, Chairman of the Art Center Work Group of DT2, also speaking for Debbie Ray, Chairman of the Library Work Group, spoke in favor of the Washington Park site for the new library. 3. Marie Nelson, 301 East Prospect, creaking as an individual and as Chairman of the Steering Committee of DT2, spoke in favor of the Washington Park site. 4. Frank Johnson, member of the Library Board, spoke in favor of the Library Park site. 1 291 A 5. Tom Bennett, 1513 Lakeside avenue, spoke in opposition to moving the ' library, also opposed to destroying parkland. Dr. Bennett stated he did not see why the library could not exist at the present site with branch. libraries. 6. William Justus Wilkinson, 429 South Whitcomb, spoke in opposition to the Washington Park site. 7. Wynette Payne, S16 South Washington, Reading Resource Director for Poudre R-1, spoke in opposition to the Washington Park site: 8. David Watrous, member of the Library Board, spoke in opposition to the Washington Park site. ti 9. Shirley Svedman, 1916 Sequoia, spoke in opposition to the Washington Park site. W W 10. Charles Shepardson, 421 South Howes, spoke in opposition to the Washington Park site. 11. Dick Stevens, 723 South Washington, a member of the DT2 Library Work Group, spoke in favor of the Washington Park site. 12., Merta Cook, Executive Director of DT2, spoke in favor of the Washington Park site. ' 13. Jim Cox, 1751 Nedra Drive, spoke to Council's retaining an architect to do schematic design drawings of Library Park site. 14. ' Wilson Wilmarth, 749 Cherokee Drive, a member of the Library Board, spoke in opposition to the Washington Park site. 15. Ted Gatteau, 1400 La Porte Avenue, spoke in favor of the Washington Park Site. 16. Arvin Lovaas, 304 East Myrtle, spoke to retain the Library Park as a park site and for another site selection for the library, endorsed the branch library concept and stated he hoped green belt development and open space development would not be neglected, 17.. Bill Tietz, 1717 Rangeview Drive, spoke to the need of having a Master Plan for the downtown area. 18. Herb Brower, 421 South Howes, -spoke in favor of the Washington Park site. 19. Helen Haas, a property owner, spoke to maintaining the library at the present site. 20. Luther Hickman, 1418 INiedbee, spoke in favor of the Library Park site. ' Councilman Wilkinson stated lie would like to propose a compromise which could enable the City to place the Library at the present site; that being acquiring of additional property within one and one half blocks of the Center .'Point as 292 3!3-4 7 1-3 outlined by Barton -Ashman (Oak and College) to establish parking area for the library and the downtown area. Councilwoman Gray stated she had decided to support the'.19ashington Park site for several reasons; number one being that Mathews Street was one of the most charming areas of town, secondly, she felt Council had a responsibility to plan for the future, and she felt the library would add to the Washington Park area. Councilwoman Preble agreed with Councilwoman Gray, adding that it would. improve this part of town. Councilman Bowling agreed with Councilman Wilkinson in combining parking facilities, and he would forward that proposal. Mayor Fead stated lie could favor no way of putting the library in Lincoln Park without deteriorating the park and closing out the green space in an area where it would be difficult to acquire green areas without displacing people; he felt we should retain the old building and make use of it, and by using the park area in Washington Park, there is a replacement in Martinez Park, therefore, he supported the Washington Park site. Councilwoman Reeves stated the theme of the National League of Cities had been urban conservation, Council should therefore look to areas that needed upgrading, therefore, she favored putting the new library at Washington Park, keeping the present park at the old library site, by putting an art gallery there and keeping the museum there. Councilman Russell stated lie felt the Library Park eras not a children's play park, and he also favored Councilman Wilkinscn's suggestion,that he felt the Council had had input from a great many people wishing to have Library Park be the site of the new facility. Councilman Russell made a motion, seconded by Councilman Bowling, that the plan presented by Councilman Wilkinson be accepted; that the present library site be retained and that additional parking be acquired. Yeas: Council members Bowling, Russell and Wilkinson. Nays: Council members Fead, Gray, Preble and Reeves. Mayor Fead declared this motion defeated. Councilwoman Preble made a motion, seconded by Councilwoman Gray, that Washington Park be designated as the new library site and have some pre- liminary sketches made. Yeas: Council members Fead, Gray, Preble and Reeves. Nays: Council members Bowling, Russell and Wilkinson. Adj ourmient Councilman Bowling made a motion, seconded by Councilman Russell, that the Couincil adiourn. Nays: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. F1ayour ATITSr: 1 1 r ity C erd`Q 293