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HomeMy WebLinkAboutMINUTES-03/11/1965-Regular1.44 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Thursday, March 11, 1965, at 1:30 o'clock P.M. Present: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. City Manager Boos, City Attorney March and City Engineer Fischer. Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that the reading of the minutes of the last regular meeting held March 4, 1965, be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guys and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The Rpplication of Morris G. Magie dba Town Pump, 124 North College, to the State of Colorado, for renewal of 3.2% beer license, was presented. Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that the Mayor and City Clerk be author ed to execute the approval of the licensing authority. Roll was called resulting as fol- lows: Ayes: Councilmen Johnson, Solwell, McMillan, Guyer and Councilwoman Quinn. Nayes None. The President ddclared the motion adopted. The application of Morris G. Magie dba Town Pump, 124 North College, to the for a renewal of non -intoxicating malt liquor license, accompanied by the required licens fee, was presented. Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that the license be granted subject to the issuance of the State license. Roll was calls resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwom Quinn. Nayes: None. The President declared the motion adopted. The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A PETITION FOR THE ANNEXATION OF LAYLAND SECOND ANNEXATION TO THE CITY OF FORT COLLINS; SETTING THE DATE FOR HEARING ON ORDINANCE APPROVING THE ANNEXATION THEREOF; AND GIVING NOTICE THEREOF WHEREAS, heretofore on the l}th day of March, A. D. 1965, a written presented to the Council of the City of Fort Collins in substantial compliance with t petition was provisions of Colorado Revised Statutes, 1953, 139-11-3, by the owners of hem°re than fifty P ofrthenfollowingfthe area and described landt,hsituuatteise the in the Countytof°Lorimer,ners Stateesiding in the aresE °f Colorado, t0"wiq: ct of and locaed Westaof thel6th P.m.,in1they the Count °ofSection Lorimar16StateTownship °rth, Range 69 rad°, within the boundaries as shown and considering* the East line of contained said NE4 to bear South 00°32100" East and with all bearings contained herein re la's thereto: the East Commencingine ofat esaid NE cSection orner fl6aid6l{Oc00 feetion t Thence North BQ)a00032'O°" East along 00 feet; Thence North 00032"00" East 660.00 feet to the True Poih3`30'" West 1320'' Thence North 89043'30" West 330.00 feet; Thence North 00°32'00" t of6Beg00nin9' feet; Thence South 89°43'30" East 330.00 feet; Thence South 00a32e00'" ddO. feet to the true point of beginning; East 66 and WHEREAS, said owners have requested that the above described to the City of Fort Collins and be included within the limits and lands be admitted jurisdiction thereof as an "A" Residential District, and WHEREAS, the Council of the City of Fort Collins has found the petition an the documents thereto attached meet the requirements of that 1 Statutes, 1953. . Colorado Revise the NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS thad the sameeisiherebytdesignated as t hemdato fore is etheby ahearing onccepted danhordat inan� 22, 1965, be an annexation of the above described territory and including the same within thPrlimitsthe jurisdiction Of the City of Fort Collins, and to be included as a part of "he limits District; BE IT FURTHER RESOLVED that the City Clerk be and he is herebyation in the Fort Collins ap ordered to publi notice of said petition and the date set for hearing on the ordinance such the wordsnandpfigureser basshed followschr16'a23 and 30,landlAprilp6t,er of1965,tae Ctha rov inithethe ann6issues u such notice be "NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is herewith given that a petition was presented on March !I-, 1965, to 145� March 11, 1 Council of the City of Fort Collins requesting that the following described land, situate in the County of Larimer, State of Colorado, to=wit: A tract of land located in the NF4 of Section 16, Township 7 North, Range 69 West of the 6th P.M., in the County of Larimer, State of Colorado,- contained within the boundaries as shown and considering the East line of said NE4 to bear' South 00032T00" East and with all bearings contained herein relative thereto: Commencing at the NE corner of said Section 16; Thence South 00032100" East along the East line of said Section 16 2640.00 feet; Thence North 89°43130" West 1320. 00 feet; thence North 00032,00" East 660.00 feet to the True Point of Beginning; Thence North 89°43'3O" West 330.00 feet; Thence North 00032100" West 660.00 feet; Thence South 89043'3O" East 330.00 feet; Thence South 00°32100" East 660.00 feet to the true point of beginning; be annexed and made a part of the City of Fort Collins a nd be included within the limits and jurisdiction thereof as an "A" Residential District. That said petition was signed by the owners of more than fifty per cent (50%) if the area and who comprise the majority of laubwners residing in the area of said land. That said petition was accepted by the Council of the City of Fort Collins on March 11, 1965, and that hearing on an ordinance approving said annexation will be held in the Council Chambers in the City Hall in the City of Fort Collins, Colorado, at the hour of 1:30 o'clock P.M. at a regular meeting of the Council to be held the 22nd day of April, A. D. 1965. That the landowners of the area proposed to be annexed may express their opposi- tion to the annexation and secure an election by complying with the provisions of Colorado Revised Statutes, 1953, 139-11-4. Dated at 1"ort Collins, Colorado, this llth day of March, A. D. 1965. /a/ Miles F. House City Clerk" Passed and adopted at's regular meeting of the Council held this llth day of March, A. D. 1965. 1sl Harvey G. Johnson Mayor IATTEST: s/ Miles F. House ity Clerk Motion was made by Councilman Guyer, seconded by Councilwoman Quinn, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the emotion adopted. The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A PETITION FOR THE ANNEXATION OF THUNDERBIRD ESTATES NINTH ANNEXATION TO THE CITY OF FORT COLLINS; SETTING THE DATE FOR HEARING ON AN ORDINANCE APPROVING THE ANNEXATION THEREOF; AND GIVING NOTICE THEREOF WHEREAS, heretofore on the 4t1a day of March, A. D. 1965, a written petition was presented to the Council of the City of Fort Collins in substantial compliance with the pro visions of Colorado Revised Statutes, 1953, 139-11-3, by the owners of more than fifty per- cent (50%) of the area and who comprise the majority of landowners residing in the area of the following described land, situate in the County of Larimer, State of Colorado, to -wit: A part of the NW4 of Section 25, Township 7 North, Range 69 West of the 6th Prin- cipal Meridian in the County of Larimer, State of Colorado containing within the boundary lines as shown, and considering the North line of said NW!, to bear North 89045100" East and with all bearings contained herein relative thereto: Commencin at the Northwest corner of said Section 25; Thence North 89°45100" East 1,320.10 feet to the Northeast corner of the NW4 of the NW4 of said Section 25; Thence Sout 99o08125" East 1,318.39 feet to the Southeast corner of Thunderbird Estates Third Annexation, which point is also the Northeast corner of Thunderbird Estates Eighth Annexation and the True Point of Beginning; Thence South 09°40130" East 509.89 feet to the most easterly point on the outer boundary of said Thunderbird Estates Eighth Annexation; Thence along the easterly boundary of said Thunderbird Estates Eighth Annexation by the followdng courses: North 24047110" West 131.50 feet; North 13055750" West 126.98 feet; North 00000190" East 260.00 feot to the True Point of Beginning; containing 0.292 acres, more or less; and WHEREAS, said owners have requested that the above described lands be admitted to the City of Fort Collins and be included within the limits and jurisdiction thereof as an "A" Residential District, and WHEREAS, the Council of the City of Fort Collins has found that the petition and the documents thereto attached meet the requirements of Section 139-11-3, Colorado Revised Statutes, 1953. NOW, THEREFORE, BE IT RESOLVED BY -THE COUNCIL OF THE CITY OF FORT COLLiNS, that the aforesaid petition be and the same is hereby accepted and that April 22, 1965, be and 146 - Marsh il, 1965 T same is hereby designated as the date for the hearing on an ordinance approving the ann- ionof the above described territory and including the same within the limits and juris-ion of the City of Flirt Collins, and to be included as a part of "A" Residential Dis- t; BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered to publish notice of said petition and the date set for hearing on the ordinance approving the annexa- tion in the Fort Collins Coloradoan, the official newspaper of the City, in the issues of such newspaper published March 16, 23 and 30, and April 6, 1965, and that such notice be in;. w6rds and figures as follows: "NOTICE OF'PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is herewith given that a petition was presented on March 4, 1965, to the Council of the City of Fort Collins"requesting that the following described land, situate in the County of Larimer, State of Colorado,. to -wit: A part of the NWZ of Section 25, Township 7 North, Range 69 West of the 6th Principal Meridian in the County of Larimer, State of Colorado, contained within the boundary lines as shown, and considering the North line of said NW4 to bear North 89045100" East and with all bearings contained herein relative thereto: Commencing at the Northwest corner of said Section 25; Thence North 89045,00" East 1,320.10 feet to the Northeast corner of the NW2 of the NWT of said Section 25; Thence South 00008,25" East 1,318.39 feet to the Southeast corner of Thunder- bird Estates Third Annexation, which point os also the Norhteast corner of Thun- derbird Estates Eighth Annexation and t he True Point of Beginning; Thence South 09°40'30"'Ea6t 509.89 feet to the most easterly point on the outer boundary of said Thunderbird Estates Eighth Annexation; Thence along the easterly boundary of said Thunderbird Estates Eighth Annexation by the following courses;: North 24047110" West 131.50 feet; North 13055'5D" West 126.98 feet; North 00009100" East 260.00 feet to the True Point of Beginning; containing 0.292 acres, more or less; be, annexed and made a part of the Oity of Fort Collins and be included within the limits ! and jurisdiction thereof as an A Residential istrict. That said petition was signed by the owners of more than fifty per cent (50%) of the area and who comprise the majority of landowners residing in the area of said land. That said petition was accepted by the Council of the City of Fort Collins on March 11, 1965, and that hearing on an ordinance approving said annexation will be held in the Council Chambers in the City Hall in the City of Fort Collins, Colorado, at the hour of 1:30 ovelock P.M. at a regular meeting of the Council to be held the 22nd day of April, A. D. 1965. That the landowners of the area proposed to be annexed may express their opposi- tion to the annexation and secure an election b y complying with the provisions of Colorado Revised Statutes, 1953, 139-11-4. Dated at Fort Collins, Colorado, this llth day of March, A. D. 1965. /s/ Miles F. House City Clerk" Passed and adopted at a regular meeting of the Council held this llth day of March, A. D. 1965. Harvey G. Johnson Mavor ATTEST: Miles F. House City k Cler Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: CITY OF FORT COLLINS WATER BOARD March 8, 1965 The Honorable, The Mayor and Council Members of the City of Fort Collins, Colorado Dear Messrs, and Madam: For the last several weeks the Water Board has met with representatives of the Fort Collins -Loveland Water District in an attempt to arrive at some feasible solution to the problems which inevitably arise when two organizations exist, in part, to serve water to the same area. We have appreciated the obvious good faith of the Districtis representatives in seeking these solutions, and we have attel# ed to fully reciprocate t heir attitude. A number ap ways to reconcile the aims and purposes of the City and the District, have been explored, and some of them have merit. The representatives of the District, however, have concluded that, insofar as t he District is concerned, only one alternative to the should lninis oybof� Their easetheentirewatersystem proposal is, in substance, that t he Oity 3 the District, be entitled to all its revenues, and, conversely, be responsible for its operation and maintenance, and assume the obligation of Its outstanding bond issue (now totaling, with principal and interest, about 1.8 million dollars). Your Water Board has carefully considered t he advantages and disadvantages of th proposal to the City and to the community as a whole. With a realization that the District system is primaray a system designed for rura consumption, that the purposes of the system are entirely different from the purposes and functions of the Ci.ty's system, and that the District encompasses a huge area reaching near- ly to Loveland, the Water Board cannot at this time recommend the acceptance of the Dis- trict's proposal. We have previously indicared that in proper circumstances the City should not hesitate to serve water for use outside of the City, but this concept presumes that the area so served will ordinarily de#elop as part of the City itself within a reasonabl time. While it would be impossible to say that the City would never grow to encompass the entire District, yet the criteria of "within a reasonable time" is here lacking. In short, we do not believe that it is the legitimate function of a City to obligate its citizen tax- payers to assume the dual obligations of the furnishing of water for purely rural purposes and the assumption of a rather heavy indebtedness, the benefitsof which are felt only indirectly and remotely by such citizens. The District and the Water Board have agreed to a moratorium as to new commit- ments for the furnishing of water within this area by either. This moratorium was proposed by the District as a good faith indication of its desire to work toward•a solution. Assum- ing the acceptance of this report by the Council, the moratorium should, in fairness to the District, be considered as lifted in order to allow t he District to complete plans which have been therewith curtailed. The Water Board regretsthat it has found no solution to this problem acceptable to the District. We wish again to commend the District for its earnest attempts -at nego- tiation; and we hope that further thought on both sides may yet resolve the matter. We stand ready to meet with representatives of this or any other district to explore common problems. For the Water Board: IsI. Ward H. Fischer, President During the discussion, the Council members requested an explanation,of what the moratorium, mentioned in the report, meant and Mayor Johnson explained this for the benefit of the Council. Motion was made by Councilman Johnson, seconded by Councilwoman Quinn, to accept the report of the Water Board and approve the action of said Board. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE TERMS OF AN AGREEMENT TO BE ENTER- ED INTO WITH WILLIAM B. ROBB WHEREAS, it is necessary that the City of Fort Collins erect a new fire station to more fully serve the citizens of the City of Fort Collins, and WHEREAS, it is necessary to employ an architect in connection with such undertakir and WHEREAS, an agreement has been negotiated with the said William B. Robb for his services as architect in connection therewith, which said agreement has .been approved by the City Manager and the City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS that the terms of said agreement be and the same are hereby approved; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby auth- orized to execute said agreement for an d on behalf of the City of Fort Collins. Passed and adopted at a regular meeting of the City Council held this llth day of March, A. D. 1965. Harvey G. Johnson Mayor . ATTEST: Is/ Miles F. House Motion was made by Councilman Guyer, seconded by Councilwoman Quinn, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, lwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the tion adopted. The following resolution was presented and read at length: F�148 March 11,_1%5 RESOLUTION F THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE APPLICATION BY THE CITY OF FORT OLLINS FOR THE TEMPORARY USE OF 75 ACRE FEET OF WATER OF THE NORTHERN COLORADO WATER CON- ERVANCY DISTRICT. 4 WHEREAS, the City of Fort Collins has acquired 76-acre foot units of water of they orthern Colorado Water Conservancy District, and WHEREAS, the Board of Directors of the Northern Colorado ''later Conservancy Dis- riot require that the City of Fort Collins enter into a temporary use permit agreement with, aid District for the transfer of said water, and WHEREAS, the Northern Colorado Water Conservancy District has submitted approp- ` iate forms of temporary use permit agreements to be entered into by the City of Fort Oollins NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that he Mayor and City Clerk be and they hereby are authorized and directed to apply for the emporary us: of said 75 acrd fee t of water by entering into the temporary use permit agree ents with the Northern Colorado Water Conservancy Dist3•alct. ) t Passed and adopted at a regular meeting of the CityJ Council held this llth da C f March, -A. D. 1965. Y v v /s/ Harvey G. Johnson TTEST: Mayor sl Miles F. House Motion was made by Councilman Colwell, seconded by Councilman McMillan, that this solution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, lwell, McMillan, Guyer and Councilwoman Quinn. Wes: None. The President declared the tion adopted. The following communication was presented and read at length: TTY COUNCIL, CITY OF FORT COLLINS unicipal Building ort Collins, Colorado ntlemen: March 11,,1965 The ;he capitol stock dofsthe North ePoudreby eIrrigation rs for sale to the City of Fort Collins, 48 shares of 'ayment to be made in cash upon transfer of the certOluificate at a price of $500.00 per share. ;he event this offer is accepted, the undersi icate representing such shares. In Lease back said water right on a year to gbasishall have the right, at his option, to and in the event the undersigned exercisesear a period but to exceed two (2) Y said for errs, 'ore, shall be the assessments for that year on saidon for any one year, the rental, there' sxeucises this option for any one year, he shall stock. In the event the undersigned ;he City Clerk, City of Fort Collins, advisi declare such election by notice given to :oming year, and this hot ice shall be delivered that intends le aster is to be used. It is understood thatt on or before to use said water for the -or t he year 1965, Is undersi March 1 of the year in which the fined will lease back the water rights This offer will remain opera for anPeriod of one week from this date, and acceptance -his offer may be made by notifying the as and Payton, Colorado. In the event this o gned t he °` and payment made, therefore within six (6)fweeis so at ttie follow; llowhe haresddress stiall beBox36,errea £rOm date of acceptance. Sincerely yours, Motion was made by Councilman C Edens Colwell /s/ A. A. , seconded by Councilman McMillan, to accent the offer of1+8 shares of North Poudre Irrigation Company stock and refer the matter tD the ity Attorneyto notify Mr. Edden of the a dre°f• Roll was called resulting as ollows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn, Vayes'! one. The President declared the motion adopted. The following communication was Presented and read at length: embers of The City Council unicipal Building ort Collins, Colorado ntlemen: March 11, 1965 I am the owner of 19 acre-feet units of the Northern Colorado Water Conservancy strict which are attached to property that I own at 2620 West Elizabeth Street. I wish 149 **i.,* See Page 16? Petition to offer them for sale to the City of Fort Collins at a price of $100.00 per unit, or a total of $1,900.00, payable when the transaction has been approved by the Northern Colorado Water Conservancy District. I will pay the $15.00 transfer fee required by the District, and will furnish an Abstract for the purpose of the City's attorney opinion to the District, I will execute the necessary application for transfer to the District and will secure he Mortgage holder's signature. It is my understanding that a new water main is being installed near my property to which I could connect. I would accordingly, make my offer conditioned upon approval of my request for the furnishing by the City of domestic water service for my property upon receiving 1 — 5/8 inch water tap for which I will pay all the charges payable, being con- sumer for outside the City limits. I also plan at some future date to request annexation to the City of Fort Collins; and if the City accepts my offer to sell, I would want the sale of the above water to be considered as a partial fulfilment of any obligation I may have to sell water to the City at the time of such annexation. I also have with the property, 29/30 ths. of 1 share of the Pleasant Valley and Lake Canal Ditch capital stock which I will retain for my farming purposes. If the City accepts the offer within the next 10 days, it will be considered a binding obligation on both parties. Yours very truly, /s/ Margaret Baer Motion was made by Councilman Johnson, seconded by Councilman Guyer, to accept the offer and refer same to the City Attorney to prepare the necessary agreement. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. A quit claim deed from the Board of County Commissioners for a portion of land which is part of Lemay Avenue was presented. Motion was made by Councilwoman Quinn, second ed by Councilman McMillan, that this quit claim deed be accepted and the City Clerk ordered to record same. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Council woman Quinn. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: WEST FORT COLLINS WATER DISTRICT City of Ft. Collins City Council PO Box 580 Fort Collins, Colorado Gentlemen: March 9, 1965 West Fort Collins Water District requests permission to serve Jack Quick with a water tap on highway 14 and 287 North West of Ft. Collins approximately 400 feet south of Davis Skelgas. Your immediate attention on this matter will be greatly appreciated and .should there be any questions, please don't hesitate to call an us. Thank you, we remain: Yours very truly, West Ft. Collins Water District /s/ Al Treiber During the discussion the Mayor explained that there was a more or less verbal agreement of reciprocity between the City and the West Fort Collins District to serve rural water consumers not in the district by the City or the district, which ever would be the most economical for the water users. Motion was made by Councilman Johnson, seconded by Councilman Guyer, that the request be approved and the matter be referred to the Water Board for notification thereof. Roll was called resulting as follows: Ayes: Councilmen hnson, Colwell, McMillan, Guyer and Councilworra n Quinn. Nayes: None. The President eclared the motion adopted. Councilman R. L. Colwell introduced the following ordinance: Motion was made by ouncilman Johnson, seconded by Councilwoman Quinn, that the following ordinance entitled: ORDINANCE .NO. 15a 5 150 March 11, 1965__,__ "AN ORDINANCE AUTHORIZING THE ISSUANCE BY THE CITY OF FORT COLLINS, COLORADO, OF THE CITY'S- NEGOTIABLE, COUPON "CITY OF FORT COLLINS, COLORADO, SEWER REFUNDING AND IMPROVEMENT REVENUE` BONDS, SERIES JUNE 1, 1965" IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,492,OOO.00; PROVIDING FOR THE REFUNDING, PAYMENT AND DISCHARGE AT THEIR RESPECTIFE MATURITIES OF THE CITY'S OUT- STANDING REVENUE BONDS PAYABLE OUT OF AND SECURED BY A PLEDGE OF REVENUES TO BE DERIVED 3 FROM THE OPERATION OF THE CITY'S MUNICIPALLY OWNED AND OPERATED SEWER SYSTEM; AUTHORIZING 0 THE DEPOSIT OF FUNDS SO TO REDEEM SUCH OUTSTANDING BONDS; SUTHORIZING THE IMPROVEMENT AND EXTENSION OF SAID SEWER SYSTEM BY THE CONSTRUCTION AND OTHER ACQUISITION OF ADDITIONAL SEWAGE COLLECTION AND TREATMENT FACILITIES AND EVERYTHING NECESSARY OR INCIDENTAL THERETO;¢ AUTHORIZING THE ISSUANCE OF SUCH BONDS IN ANTICIPATION OF THE COLLECTION OF REVENUES OF SUCH SYSTEM FOR SUCH IMPROVEMENTS AND EXTENSIONS; PROVIDING THE FORM; TERMS AND CONDITIONS`. OF THE SEWER REFUNDING AND IMPROVEMENT BONDS, THE MANNER OF THEIR EXECUTION, THE METHOD OF PAYING THEM, AND THE SECURITY THEREFOR; PROVIDING FOR THE COLLECTION AND DISPOSITION OF REVENUES DERIVED AND TO BE DERIVED FROM SAID SEWER SYSTEM; PROVIDING OTHER DETAILS CONCERN-h ING THE REFUNDING AND IMPROVEMENT BONDS, SAID SEWER SYSTEM, THE BONDS TO BE REFUNDED, AND h FUNDS APPERTAINING THERETO, INCLUDING BUT NOT LIMITED TO COVENANTS AND AGREEMENTS IN CON- ° NECTION THEREWITH; RATIFYING ACTION PREVIOUSLY TAKEN AND PROVIDING THE EFFECTIVE DATE HERE- OF. " and read in full•at this meeting, as aforesaid, be passed on first reading and published in full in the Fort Collins Coloradoan, a newspaper of general circulation published in the City of Fort Collins, in its issue of March 16, 1965, and that said ordinance, at least ten, days after it is published as aforesaid and after a public hearing is held thereon at the meeting hereinafter designated, be considered for final passage at a r egular meeting of the, City Council to be held at the Council Chambers in the City Hall, in Fort Collins, Colorado' on Thursday, the lst day of April, 1965, at the hour of 1:30 o'clock P.M. The question being upon the adoption of said motion, the roll yera asCcalledncil'pith the following result: Ayes: Councilmen Johnson, Colwell, Quinn. Nayes: None. The President declared the motion adopted. Councilman McMillan introduced the following resolution which was read in full: RESOLUTION A RESOLUTION PROVIDING FOR THE PUBLIC SALE OF THE NE 1,TY OFORT COLLINS, COLORADO, SEWER 1965 REFUNDING AND IMPROVEMENT REVENUE BONDS, SERIES WHEREAS, the City of Fort Collins (herein sometimes designated asythe "City"), the Connty of "arimer and State of Colorado, has determined, Improvement hereby deeemine, that the City of Fort Collins, Colorado Sewer Refunding Series June 1, 1965 (herein sometimes designated as the "Bonds)), as authorized by an ordl nance entitled: City of Fort Collins, Colorado, of the CAity�sdinance negotiableh6coupoh °Cityissuance FortbCollinshe , Colorado, Sewer Refunding and Impcipal amount of VZvei ment Revenue Bonds, Series June 1, 1965" in tandadischargeregate patntheir respective matuvi-C' 000.00; providing for the refunding, payment ties of the City's outstanding revenue bonds payable out of and secured by a pledgeof etof revenues to be derived from the m eration of the City's municipally owned and open � sewer system; authorizing the deposit of funds so to redeem such outstanding bonds,'dp authorizing the improvement and extension said sewer system by the construction an N other acquisition of additional e collection and treatment facilities and every thing necessary or incidental thereto; authorizing the issuance of such bonds it,anti cipation of the collection of revenues Of such system for such improvements and exten'I sions; providing the form, terms and conditions of the sewer refunding and improve' meet bonds, the manner of their execution, the method of paying them, and the secuT' therefor; providing for the collection and disposition of revenues derived and to he derived from said sewer system. providing other details concerning the refunding ann, improvement bonds, said sewer system, the bonds to be refunded, and funds appertainit8: thereto, including but not limited to covenants and agreements in connection ther6wl ratifying action previously taken and providing the effective date hereof." introduced and passed on first reading on the llth day of March, 1965, should be publicly sold after he final adoptibon of said ordinance. Now, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS:, Section 1. That Subseries I and Subseries R of the City of Fort Collins, Colo" rado, Sewer Refunding and Improvement Revenue Bonds, Series June 1, 1965, ih the princiPoI amount of 2,492,OOO.00 be, and the same hereby are ordered to be, publicly advertisedf• sale; and that the City Council, on Thursday, the 6th day of May, 1965, at the hour of 1' 31 o'clock P.M. at City Hall Council Chambers in the City, will causesealed bids to be re' ceived and to be opened publicly fort he purchase of the bonds of each Subseries. Section 2. That the are, authorized and directed: Mayor and the Director of Finance be, and t he same hereby A. To have 'published a notice of sale of the bonds at least once at least five days prior to the sale date in each of the following: )1) The Fort Collins Coloradoan, a newspaper circulating in the City, and (h) Daily Journal, a financial newspaper published in Denver, Colorado, (being Ypublished Denver ork,New York),and Colorado; Sari Francisco, California; Chicago, Illinois; or New B. To cause copies of such notice, the Official Notice of Bond Sale or sum�st thereof to be published os' or furnished to such other financial journals and to such et pective bidders as may be determined by said officers and t he City's Fiscal Agent. Section 3. That said notice of bond sale to be so published shall be in subatan tially the following form: (Form of Notice of Bond Sale for Publication) NOTICE OF BOND SALE 151 March 11, 1965 CITY OF FORT COLLINS, COLORADO SEWER REFUNDING AND IMPROVEMENT REVENUE BONDS SERIES JUNE 1, 1965 - $2,492,000.00 + NOTICE IS HEREBY GIVEN that the City Council of the City of Fort Collins, Colorad on Thursday, the 6th day of My, 1965, at the hour of 1:30 o'clock P.M., M.S.T., at 'ity Hall, City of Fort Collins, Colorado, in Council Chambers, will cause sealed bids to be received and opened publicl for the purchase of the negotiable, coupon improvement bonds in the principal amount of 2,200.000.00, designated as Subseries I (herein sometimes designated as the "improvement bonds") and the negotiable, coupon refundings bonds in the principal amount of $292,000.00, designated as Subseries R (herein sometimes designated as the"refunding bonds"), comprising the City of Fort Collins, Colorado, Sewer Refunding and Improvement Bonds, Series June 1, 1965, in the aggregate principal amount of $2,492,000.00 (herein sometimes designated as t he "1965 revenue bonds"). The 1965 revenue bonds shall be dated June 1, 1965, and shall be payable to bearer. Both principal and interest of the 1965 revenue bonds shall be payable at t he office of the Director of Finance and ex-officio City Treasurer, in Fort Collins, Colorado. The improvement bonds shall consist of 440 bonds in the denomination of $)5,000.00 each, numbered consecutively in regular numerical order from I-1 to I4440, both inclusive, bearing interest at a rate or rates of not exceeding four and one-half per centum (4-2%) pe: annum from date until maturity, interest being payable on December 1, 1965, and semiannuall; thereafter on June 1 and December 1 in each year, and shall mature serially in regular numerical order on December 1 in each of the designated amounts and years: Amounts Maturing Years Maturing Amounts Maturing Years Maturing %500000.00 1967 $130,000.00 1977 55,000.00 1968 140,000.00 1978 60,000.00 1969 145,000.00 1969 65,000.00 1970 150,000.00 1980 65,000.00 1971 155,000.00 1981 70,000.00 1972 16o,0o0.o0 1982 75,000.00 1973 165,000.00 1983 120,000.00 125,000.00 1974 1975 170,000.00 175 OOO.00 1984 1985 125,000.00 1976 In conformity with the City Charter, improvement bonds maturing on and before December 1, 1974, shall be subject to prior redemption in regular numerical order on June 1 1967, or on any interest payment date thereafter, for t he principal amount, accrued inter- est and a premium of five per centum (5%) of principal. The prior redemption option herein - above provided shall not be exercised for the purpose of refunding the bonds called for prior redemption without the specific written consent to such call by the holders of those bonds, except as hereinafter provided. Improvement bonds maturing on and after December 1, 1975, shall be subject to prior redemption for all purposes, in inverse numerical order on December 1, 1974, or on any interest payment date thereafter, for the principal amount, accrued interest and a premium of one centum (1%U of principal. The refunding bonds shall consist of 60 bonds in the denomination of $5,000.00 each, except bonds numbered R-1 and R-2, which shall be in the denomination of $1,000.00 each, numbered consecutively in regular numerical order from R-1 to R-60, both inclusive, refunding bonds numbered R-1 to R-15, both inclusive, bearing interest at a rate or rates c not exceeding two and three -fourths per centum (2-3/4%) per annum, refunding bonds numbered R-16 to R-60, both inclusive, bearing interest at a rate or rates of not exceeding three and one-fourth per centum (3-44) per annum, interest being payable on December 1, 1965, and semiannually thereafter on June 1 and December 1 in each year, and shall mature serially in regular numerical order on June 1 in each of the designated amounts and years: nts Years Maturing Amounts Maturing Years Maturing $32,000.00 1966 $35, 000.00 1970 35,000.00 1967 40, 000.00 1971 35,000.00 1968 40, 000.00 1972 35,000.00 1969 40, 000.00 1973 In conformity with the City Charter., refunding bonds maturing on or before June 1, 1973, shall be subject to prior redemptionfbr all purposes on December 1, 1965, or any interest payment date thereafter, for the principal amount, accrued interest and a premium of five per centum (5%) of principal. The= interest on all 1965 revenue bonds shall be evidenced by only one set of coupons (,supplemental interest coupons, i.e. "$" coupons are not permitted). Not more than one interest rate shall be stated for the bonds of any maturity of a subseries. The maxi- mum interest spread permitted for the improvement bonds is 2% per annum. Subject to desig- nated reservations,t he bonds of each subseries shall be sold to the highest and best bidder for each subseries. The 1965 revenue bonds are payable both as to principal and interest solely from, and their payment is additionally secured by a pledge of t he net revenues derived from the operation of t he sewer system, pursuant to an ordi=nce known as the 6-1-65 sewer revenue bond ordinance, introduced on March 11, 1965, reference to which is made for further details The legality of the 1965 revenue bonds will be approved by Messrs. Dawwon, Nagel, Sherman & Howard, Attorneys at Law, Denver, Colorado, whose opinion, together with the printed bonds (including that opinion printed• thereon), and a certified transcript of legal proceedings, will be furnished to the purchaser of each subseries without charge. The official Notice of Bond Sale, of which this publication is a condensation, said ordinance, a prospectus and financial and other information concerning said bonds and the City may be obtained from its Fiscal Agent, Boettcher and. Company, 828 Seventeenth Street, Denver, Colo- rado 80202, and from Miles F. House, City Clerk, Fort Collins, Colorado. 1'52 By order of the City Council dated March 11, 1965. Isl Haruey G. Johnson Mayor City of Fort Collins (SEAL) ATTEST: Is/ Miles F. House City Clerk (End of Form of Notice for Publication) Section L}. That the official notice of bond sale shall be in substantially the following form: (Form of Official Notice of Bond Sale) OFFICIAL NOTICE OF BOND SALE CITY OF FORT COLLINSCOLORADO SEWER REFUNDING AND IMPROVEMENT REVENUE BONDS SERIES DONE 1, 1965 - 2,492,000.00 PUBLIC NOTICE IS HEREBY GIVEN that the City Council of the City of Fort Collins (herein sometimes designated as the City Council and as the City," respectively), in the County of Larimer and State of Colorado, on Thursday, the 6th day of May, 1965, at the hour of 1:30 o'clock P.M., Mountain Standard Time, at City Hall Council Chambers, in Fort Collins, will cause sealed bids to be received and to be opened publicly for the purchase of two subseries of the negotiable, coupon, sewer refunding and improvement revenue bonds of the City, particularly described below; BOND PROVISIONS SERIES: "City of Fort Collins, Colorado, Sewer Refunding and Improvement Revenue Bonds, Series June 1, 1965, in the ,aggregate principal amount of 2,492,000,00 (herein some times designated as the 111965 revenue Bonds") , payable to bearer, and consisting of two subseries designated as Subseries I and Subseries R, as follows: A. Subseries I. The bonds comprising Subseries I (herein sometimes designated each,as t heissmprovementued for Bonds") shall co nsidtsof 440 bonds in the denomination of $5,000.00 purpose principal amount of 2 200 000.00, numbered consecutively in regular numerical order from I-1 to I_ , and being numbered and maturing serially in regular numerical orde9 , both inclusive, December in each of the designated amounts and years, as follows: on the first day of Bond Numbers Amounts All Inclusive) Maturing Years Maturing I - 1 to I - 10 50,000.00 1 -11'to I - 21 55,000.00 1967 I -22 to I - 33 60,000.00 1968 I -34 to I - 46 65,000.00 1969 1 -47 to I - 59 65,000.00 1970 1 -60 to I - 73 70,000.06 1971 I -74 to I - 88 75,000.00 1972 I -89 to 1 -112 120,000.00 1973 I 113 to I -137 125,000.00 1974 I 138 to I -162 125,Qo0.00. 1975 1-163 to I -188 130,000.00 1976 I-189 to I -216 140,000.00 1977 1-217 to 1 -245 145;000.00 1978 I-246 to 1 -275 150,000.00 1979 I-276 to I -306 155,000,00 1980 1-307 to I -338 160,000.00 1981 1-339 to 1-371 165.000.00 1982 I-3 2 to 1-405 170,000.00 1983 I-406 to I 440 175,000.00 1984 ; and 1985 B. Subseries R. The bonds comprising Subseries R (herein sometim s designateda9l the"Refundin Bonds shall consist of 60 bonds in the denomination of ti 0a des each, issued for theexcept for dpurposered R-1 andhereinafte rstated,which inshall the principal amouhe mination of $1,000.00 ea'h,' egular numberedcandvmturingrseriallyuinrregularical dnumericaer from l orderRonOtheoth inclusiveOf 00and'being er' of the designated amounts and years, as follows: first day of June in each Bond Plumbers All Inclusive) Amounts Maturing Years R- 1 to R- 8 32,000.00 Maturing R- 9 to R-15 35,000.00 1966 R-16 to R-22 35,000.00 1967 R-23 to R-29 35,000.00 1968 R-30 to R-36 35,000.00 1969 R-37 to R-44 40,000.00 1970 R-45 to R-52 40,000.00 1971 R-53 to R-60 40,000,00 1972 1973 153 PRIOR REDEMPTION A. Subseries I Improvement Bonds numbered I-1 to 1-112, both inclusive, maturing on and before the first day of December, 1974, shall be subject to redemption prior to their respective murities, at the option of -the City, in regular numerical order on the first day of June, 1967, or on any interest payment date thereafter prior to•matur- ity, upon payment of the principal amount of each bond so redeemed, accrued interest there- on to the redemption date, and a premium consisting of five per centum (50 of the Princi- pal amount of each Improvement Bond so redeemed.. The prior redemption option hereinabove provided shall not be exercised for the purpose of refunding the Improvement Bonds called for prior redemption without the specific written, consent to such call by the holders of those bonds, except as hereinafter provided. For all purposes, including refunding, Improvement Bonds numbered I-113 to I-440, both inclusive, maturing on and after the first day of December, 1975, shall be subject to redemption prior to their respective maturities, at he Option of the City, in inverse numerical order, on the first day of December, 1974, or on any interest payment date thereafter prior to maturity, upon payment of the principal amount of each bond so redeemed, accrued interest thereon to the redemption date, and a premium consisting of one per centum (1%) of the principal amount of each bond so redeemed. B. Subseries R. For all purposes, Refunding Bonds numbered R-1 to R-60, both inclusive, maturing on or before the first day of June, 1973, shall be subject to redemp- tion priop to their respective maturities, at the option of the City, in regular !numerical order, on the first day of December, 1965, or on any interest payment date thereafter prior to maturity, upon payment of t he principal amount of each Refunding Bond so redeemed, accrued interest thereon to the redemption date, and a premium consisting of five per cent - um (5%) of the principal amount of each bond so redeemed. An option to call the bonds of either subseries may be exercised independently of any option to call bonds of the other subseries. In each instance thirty (30) days' prior notice shall be -given by publication and by mail addressed (among others) to any original purchaser of the bonds of a subseries or the manager of any purchasing syndicate. The Cha-ter of the City of Fort Collins requires that all bonds be subject to prior redemption. INTEREST RATES AND LIMITATIONS: A. The maximuminterest rates are as follows: 1. Four and one-half per centum (4-1/2%) -per annum for improvement Bonds numbered I-1 to I-440, both inclusive; and 2. Two and three -fourths per centum (2-3/4%) per annum for Refunding Bonds numbered R-1 to R-15, both inclusive; and 3. Three and one-fourth per centum (3-4%) per annum for Refunding Bonds numbered R-16 to R-60, both inclusive. B. The maximum interest spread permitted for the Improvement Bonds is two per centum 20 per annum, i.e., the maximum rate of interest accruing on any Improve- ment Bond prior to its maturity cannont exceed the minimum rate of interest accru- ing on any other Improvement •13ond prior to its maturity by more than two per centum (2/) per annum. There is no maximum interest spread for the Refunding Bonds. Interest on all of the 1965 revenue bonds shall be evidenced until maturity by only one (1) set of coupons (supplemental interest coupons, i.e., "B" coupons, are not permitted) payable to bearer and payable on the first day of December, 1965, and semiannually thereafter on the first days of June and December in each year. It is permissible to bid different or "split" interest ra es for said bonds, without limitation as to the number of rates speci- fied, as sta ed only in the bid; provided, however, one interest rate only shall be stated for any maturity of any subseries. Each rate stated must be in a multiple of one-eithth (1/8) or one -twentieth (1/20) of one per centum (1%) per annum. If any 1965 bond shall not be paid upon presentation at its maturity, it shall draw interest at the rate of six per centum (6%) per annum until the principal thereof is paid in full. PAYMENT: Both the principal of and the interest on the 1965 revenue bonds will be payable to bearer in lawful money of the United States of America, without deduction for exchange or collection charges, at the office of the Director of Finance and ex-officio City Treasurer, in Fort Collins, Colorado. BOND ORDINANCE: The ordinance authorizing the issuance of the 1965 bonds is known as the 6-1-65 sewer revenue bond ordinance and was intorduced and passed on first reading on the llth day of March, 1965. ` NO REGISTRATION FOR PAYMENT: The 6-1-65 sewer revenue bond ordinance contains, and the bonds shall contain, no provision for the registration of the bonds for payment as to principal, or interest, or as to both principal and interest. SECURITY: All 1965 revenue bonds will, in the opinion of bond c3insel, be payable both as to principal and interest, solely from, and the payment of the bonds is secured by a pledge of, and they constitute an irrevocable and first lien (but not necessarily an exclusively first lien) upon, the revenues derived from the operation of the City's munici- pal sewer system (herein sometimes designated as the "system"), except for revenues derived from the City's existing sewer trunk line assessments, sewer main line assessments, and sew- er tap fees, and except for the plant investment fees which the City will impose by ordi- nance No. 17, 1965, to be finally passed and adopted on the !Z�h day of April, 1965, subject only to the payment of all necessary and reasonable expenses of the operation and mainte- nance of the system; and as securityibr such payment there are exclusively pledged, pursuant to the 6-1-65 sewer revenue bond ordinance, two special funds identified as the "City of Fort Collins, Colorado, Sewer Refunding and Improvement Revenue Bonds, Series June 1, 1965, Interest and Bond Retirement Fund," and the "City of Fort Collins, Colorado, Sewer Refunding and Improvement Revenue Bonds,. Series June 1, 1965, Reserve Fund," into which the City covenants to pay from the net revenues derived from the sewer system, sums sufficient to pay when due the principal of and the interest on the bonds and to accumulate in about nine (9) years and to maintain thereafter a continuing deb# service reserve for such purpose in the sum of $180,000.00. 154 — -- Marsh 11., 1965 OUTSTANDING BONDS: The City has issued no bonds which are now outstanding and to which any revenues derived by the City from the operation of the system are pledged for their payment, excepting, however, the City of Fort Collins Sewer and Water Bonds, dated March 1, 1948 (hereafter sometimes designated as the "1948 revenue bonds"), issued in the original principal amount of $195,000.00, consisting of 195 bonds in the denomination of $1,000.00 each, and maturing serially on March 1 in varying amounts of principal in each of the years 1949 bo 1967, both inclusive, of .which bonds in the principal amount of 035,000.09 are presently outstanding, consisting of bonds numbered 156 to 170, both inclusive, and 176 to 195, both inclusive, and the City of Fort Collins Sewer Improvement Revenue Bonds, Series January 1, 1959 (herein sometime designated as the "1959 revenue bonds") issued in the original principal amount of 0300,000.00, consisting of 300 bonds in the denomination of 1,000.00 each, and maturing serially on the first day of January in varying amounts of principal in each of the years 1960 to 1974, both inclusive, of which bonds in the prin- cipal amount of $257,000.00 are presently outstanding, consisting of bonds numbered 44 to 300, both inclusive. The principal of the Refunding Bonds (with other moneys) will be used to refund, pay and discharge the interest on and the principal of the 1948 revenue bonds and the 1959 revenue bonds at their respective maturities. ADDITIONAL OBLIGATIONS: Bonds or other obligations, subject to expressed condi- tions, may be issued and made payable from the net revenues of the sewer system and having a lien thereon suabordinante and junior to the lien, or, subject to additional expressed conditions, having a lien thereon on a parity with the lien of the 1965 revenue bonds here- in designated for sale, in accordance with the provisions of the bond ordinance. AUTHORIZATION OF BONDS: The 1965 revenue bonds herein offered for sale are to be uasued pursuant to the -1- sewer revenue bond ordinance, therein prescribing, among other matters, the form, terms and conditions of the bonds, the manner and terms of their issuance, the manner of their execution, t he method of paying them, the security therefor, the disposition of revenues derived from the sewer system, and other details concerning the bonds and the sewer system, including but not limited to covenants and agreements in con- nection therewith, reference to which ordinance is made for further details. PURPOSE OF SERIES: The Improvement Bonds are issued for the purpose of the im provement and extension of the City's municipally owned and operated e purpose of by the construction and other acquisition of additional sewage collection and treatment facilities and everything necessary or incidental thereto. The Refunding Bonds were authorized to be issued dnfor the ewpurpose enof refunding, paying and discharging a like principal amount of outstag (see Outstanding Bonds" above). ORATE existing asOaPhomr-raleAcityTwiith aT"Council-Managers a municipal govern corpoeation duly organized and Constitution of the State of Colorado and a Charterr government" under Article XX of the tion elected on the 22nd day of June, 195 framed and proposed by a charter conven• at an election hld therein on the 5th da 4' andadopted by the qualified electors of the City y of October, 1954. POPULATION: The lati n population, as shown by the 1960 Federal Census, was 25,027, and the Cityts population is currently estimated to be 33,000. TERMS OF SALE BID mit an uunccondiitiional andowrittenibiddform for Of bid is required. Any bidder is required to sub either or both subseries therein designated specifying: at which the The bidder lowest will rate Purchase rates the boof ndsest and premium, if any, at or above par It is also requested for informational pur ores °f each subseries bid upon. close for each subseries bid upon (as computed from .loseis 'not required that each bid d1s date of the bonds); (2) The total net interest cost in dollars and cents to the City, and (3) The average net interest rate in a stated per centum. Each bid must also be enclosed in a sealed envelope marked on the outside: "PROPOSAL FOR BONDS"' and addressed to: Mr. Miles F. 'use H City Clerk P• 0. Box 580 Fort Collins, Colorado 80522 may r for bfor idssa e,bbutuanytbid must ted by nbegfoaeagltheeibond or bothhOf the s bseries herein designated Hato d containing a provision requiring acceptanceeof subseries therein designated. pejected, ubleas each bid for each subseries so for t hboth subseries therefwill be id certified check drawn onEach a solventshall bannk orctruetied by a separate cashier's check of or a meptble to the and City0of Fort00 Cothens,iaamount °oppaty for each subseries bid upon, made 'Refunding Bonds. least $75,000.00 for the Improve) of good faith pending his delivery of [he bonds, and such checks will be held as evidence d to y be not acceptesuch checks shall be promptly returne d. BIDDFRIS OPTIONS: It is permissible, subject to expressed limitations, for any bidder; id split aboveIf (2)and Tobbe relieved tofrthm bid interest rates for the bonds (see "Interest Rate offerebelow)d due to the repeal of tthhebexemr1s obfogati°n to purchase the bonds herein �n pt io n r federal income taxes (see "Tax Status TAX STATUS: In the Opinion of bond counsel, the interest on the bonds is exeanPt' 155 (1) From state income taxes of the State. of Colorado under its present laws, and (2) From taxation by the United States under present federal in come tax laws. In the event that prior to the delivery of t he bonds to the successful bidder for the bon herein offered for sale, the income received by private holders from obligations of the same type and character shall be taxable by the terms of any federal income tax law here- after enacted, the successful bidder, at its election made prior to the delivery of the bonds, may be relieved of its obligations under the cent act to purchase the bonds. In such case the contract to purchase the bonds will terminate, and the deposit accompanying the purchaser's bid will be returned upon written request therefor being made to and received by bond counsel prior to the delivery of the bonds. SALE RESERVATIONS: The City Council reserves the privilege: (1) Of waiving any irregularity or informality in any bid. (2) Of rejecting any and all bids for the bonds, and (3) Of reoffering the bonds for sale', as provided by law. BASIS OF AWARD: The bonds of each subseries, subject to such reservations, will be sold to the highest and best responsible bidder making the bid for such subseries to the best advantage of the City, which bidwill be determined by deducting the amount of th, premium bid, if any, from the total amount of interest which the City would be required to pay from the date of the bonds of such subseries to their respective maturity dates at the coupon rate or rates specified in the bid, without reference to the possible redemption of any of the bonds prior to maturity; and the award will be made on the basis of the lowest net interest cost to the City. If there are two (2) or more equal bids for any subseries, and of such equal bids are t he best bids received and are for not lees than the principal amount if the bonds of said subseries and accrued interest, the City Council will determin, which bid will be accepted. SALE BELOW PAR, COMMISSION AND DISCOUNT PROHIBITED: None of the 1965 revenue bo will be sold at less than their principal amount and accrued interest to the date of deli ery, nor will any discount or commission be allowed or paid on the sale of the bonds. TIME OF. AWARD: The City Council will cause bids to be opened at the time here- inabove specified. It intends to take action, upon determining he best bid or bids, awarding the bonds or rejecting all bids forthe bonds of any subseries, at a regular meet- ing at City Hall Council Chambers in Fort Collins, Colorado, convening at the hour of 1:30 o'clock P.M., Mountain Standard Time, of the day herein specidied forcpening bids. In any event the City Council will take action awarding the bonds or rejecting bids not later than twenty-four (24) hours after the expiration of the time herein specified for opening bids. MANNER AND TIME OF DELIVERY: The deposit of the best bidder for each subseries will be credited to the purchaser thereof at t he time of delivery of the bonds (without accruting interest). If the successful bidder for any subseries fails or neglects to com- plete the purchase of the bonds of said subseries within ten (10) days after the bonds of said subseries are made ready and are tendered by the City for delivery, the amount of this deposit will be forfeited (as liquidated damages for non-compliance with the bid) to the City, except as hereinafter provided. In that event the City Council may reoffert he bonds of said subseries for sale as provided by law. The purchaser of a subseries will not be required to accept delivery of any of the bo rids thereof if all t he bonds of said subseries are not tendered for delivery within seventy (70) days from the date herein stated for opening bids; and if the bonds are not so tendered within said period of time, the good faith deposit will be returned to the purchaser upon its request. The City con- templates, however, effecting the delivery of the bonds of botii subseries to the purchasers thereof in about forty-five (45) days f rom the date herein d esignated for opening bids and as soon as reasonably possible thereafter. PAYMENT AT AND PLACE OF DELIVERY: The successful bidder or bidders will be re- quired to accept delivery of, and to make payment of the balance due for, the bonds of each subseries: (1) At some bank or trust company in the City and County of Denver, Colorado, o (2) At the successful bidder's request and expense, at some other bank or trust company in the United States of America, as requested. Payment of the balance of the purchase price due for the bonds of a subseries at delivery must be made in funds acceptable to the City and to the bank or trust company designated as the place of delivery for immediate and unconditional credit to the City, or as directs by the City. The place of delivery of one subseries, however, shall not be so removed fro the place of delivery of the other subseries as to make unneccessarily difficult their mor or less simultaneous issuance. The City reserves the right to limit the place of delivery as provided in this paragraph to the extent the City deems it des rable so to do to issue the Improvement Bonds and Refunding Bonds more or less simultaneously. LEGAL OPINION, BONDS AND TRANSCRIPT: The legality of the 1965 revenue bonds will be approved by Messrs. Dawson, Nagel, Sherman & Howard, Attorneys at Law, 1900 First National Bank Building, Denver 2, Colorado, whose unqualified, final, approving opinion, together with the printed bonds and a certified transcript of the legal proceedings, including a certificate stating that there is no litagation pending affecting the validity of the bond as of the date of their delivery, and other closing documents, will be furnished the purchasers without charge by the City. A certified true copy of the approving opinion of bond counsel shall be printed on each bond thereof at the City's expense - INFORMATION: This Official Notice of Bond Sale (a condensation of which was ordered published and -financial and other information concerning the City and,the 1965 revenue bonds may be obtained from the Ci.ty's City Clerk and its Fiscal Agent, respectively, as follows: Miles F. House City Clerk City Hall Fort Collins, Colorado 80522 and 156 Boettcher and Company 828 Seventeenth Street Denver, Colorado 80202 FORM OF OPINION: The final and unqualified approving opinion appertaining to the 1965 revenue bonds will recite, in conventional form, that the designated bond counsel has examined the Constitution and laws of the State of Colorado, the Charter of the City, and a certified copy of the record of the proceedings of the City Council taken preliminary to and in the issue of the coeds of the issue, describing them in some detail, and that bond counsel has examined bonds numbered I-1 and R-1 of said issue and has found the same pro- perly executed and in due ligal form. The last paragraph of the opinion will read (subject to the provisions hereinabove entitled "Tax Status") substantially as follows: "It is our opinion that: "(1) Subh proceedings show lawful authority for the 1965 revenue bonds under the laws of the State of Colorado and the City of Fort Collins now in force; "(2) The 1965 revenue bonds are valid and legal obligations of said City, payable and payment shall be made, solely from the net revenues derived from the operation of the municipal sewer system (except for certain revenues which may at the City's option be excluded), the new income of which is pledged therefor, and as security for such payment there are irrevocably and exclusively pledged two special funds identi- fied as the City of Fort Collins, Colorado, Sewer Refunding and Improvement Revenue Bonds, Series June 1, 1965, Interest and bond Retirement Fund,I and as t he (City of Fort Collins,Colorado, Refunding and Improvement Revenue Bonds, Series June 1, 196., Reserve und,'into which funds the City has convenanted to pay from the revenues derived from the operation of the sewer system, after provision only for all necessary and reasonable expenses of the operation and maintenance of the sewer system, sums sufficient to pay, when due the principal of and the interest on the bonds, and to crea;o and maintain a reasonable reserve for such purpose; "(3) Said 1965 revenue bonds constitute an irrevocable and first lien (but not tocdesignatednexceptions, firsaftert lien) upon the revenues of said sewer system, subjectrovision only for p p and maintenance expenses; the aforesaid payments of operation ising charge, on and beforectherfirstt day O fiJa R have been issued to refund, pay and dis- standing in the aggregate principal amountuofy �997 , the ity,snd revenue bonds'City of Fort lins ewer and CollinslSewerSImprovementter Revenuenue Bondshds t So . ated March 1, 1948, and 'City of Fort designated issues being refunded have* es January 1, 1959, the payment of the the municipal sewer system, but for the been secured by a pledge of the net income of escrow with the First National Bank in Fort of which there have been deposited in oat Of Colorado refunding bond proceeds and other moneys, except to the extent of their investment io,direct ingi anions of the certUnitifiedates of America, public accountants,,thecording esccrow to a report of Peat, Marwick, Mitchell &Co„ field from said federal securities is w+ together with the interest on and any other and at all times subsequently, to pay fully sufficient, at the time of the deposit standing bonds so refunded as tthe same becomerincipal of and the interest on the out - due; and ( Interest on the 1965 revenue Statesof Americaunderpresentfederalbonds is exempt from taxation by the United exempt from the state income taxes of income tax laws and such interest is also P the State of Colorado under its present laws." By order of City Council th day ofMarch, 1965of the City of Fort Collins, Colorado, dated this SEAL) TTEST s/ Miles F. Hous City Jerk sl Harvev G. Johnson City of Fort Collins (End of Form of Official Notice of Bond Sale) Section h at OfficialNotiicesofoBond1Sale bond rsll be opened at the time, place and manae�' erein prescribed. nd directed etoitake all haction necessar oat the officers of th'City be r, and they hereby are, authorized f Y e,solution, appropriate to effectuate the provisions of thii on 7. hat all orders by - laws lict with this lresolution, are hereby rrepealed.and resolutions, or parts thereof, in con Section 8. That if any one or more esolution shall flor any reason be questioned osections, sentences, clauses or parts of this` ffect impair or invalidate the remaining provis:- invalid, such judgment shall not P ions Aeration to the specific sections, sentences, clauseshore�artbut shall this besconfined on sinhits nvalid. nd approval. 9. That this resolution shall be in full force and effect after oassaCe PASSED AND APPROVED this llth day of March, 1965. SEAL) Mayor Harvey G. Johnson Mayor /s/ I��es„F. House 157 It was thereupon moved by Councilman McMillan, seconded b y Councilman Colwell, that any rule of the City Council which would prevent the passage of said resolution at this meeting be suspenced, and said resolution be placed upon its final passage. The roll was called upon said motion the with the following results: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The presiding officer declared the motion carried and the rules suspehced, and said resolution placed upon its final passage. Councilwoman Quinn then moved that said resolution be passed as read. Councilman Guyer secondedthe motion. The motion being upon t he fiml passage of the resolution, the roll was called with the following results: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: The President declared he motion adopted. Councilwoman Quinn introduced an ordinance, which ordinance was thereupon read in full and is as follows: It was thereupon moved by Councilman Guyer, seconded by Councilwoman Quinn, that the foregoing ordinance entitled: ORDINANCE NO. 16, 1965 "AN ORDINANCE TO CONTRACT AN INDEBTEDNESS ON BEHALF OF THE CITY OF FORT COLLINS, COLORADO, AND UPON THE CREDIT THEREOF, BY ISSUING THE NEGOTIABLE, COUPON, CITY OF FORT COLLINS, COLO- RADO, GENERAL OBLIGATION WATER BONDS, SERIES JUNE 1, 1965, IN THE AGGREGATE PRINCIPAL AMOUNT OF 03,200,000.00 FOR THE PURPOSE OF SUPPLYING WATER TO SAID CITY BY CONSTRUCTING AND OTHERWISE ACQUIRING EXTENSIONS, ADDITIONS AND. IMPROVEMENTS TO THE MUNICIPAL WATERWORKS SYSTEM AND EVERYTHING NECESSARY OR INCIDENTAL THERETO, INCLUDING THE ACQUISITION OF ADDI- TIONAL SOURCES OF WATER; PRESCRIBING THE FORM, TERMS AND CONDITIONS OF SAID BONDS, THE MANNER AND TERMS OF THEIR ISSUANCE, THE MANNER OF THEIR EXECUTION, THE METHOD OF PAYING THE BONDS AND THE SECURITY THEREFOR, AND OTHER DETAILS IN CONNECTION THEREWITH; PPROVIDING FOR THE LEVY AND COLLECTION OF GENERAL (AS VALOREM) TAXIES FOR T HE PAYMENT OF SAID BONDS; ALSO PROVIDING FOR THE DISPOSITION OF REVENUES FROM THE OPERATION OF THE WATER WORKS SYSTEM PROVIDING COVENANTS, AGREEMENTS AND OTHER DETAILS AND MAKING OTHER PROVISIONS CONCERNING SAID TAXES, SAID REVENUES, SAID SYSTEM, SAID BONDS, THE REVENUES PLEDGED FOR THEIR PAYMENT, ANDTHE ISSUANCE OF ADDITIONAL BONDS PAYABLE FROM SAID REVENUES; AND RATIFYING ACTION PRE- VIOUSLY TAKEN IN CONNECTION WITH THE FOREGOING." and read in full at t his meeting, as aforesaid, be passed on first reading and published inf ull in the Fort Collins Coloradoan, a newspaper of general circulation published in the City of Fort Collins, in its issue of March 16, 1965, and that said ordinance, at least ten days after it is published as sforesaid and after a public hearing is held thereon at the meeting hereinafter designated, be considered for final passage at a regular meeting of the City Council to be held at City Hall Cbuncil Chambers, in Fort Colins, Colorado, on Thursday, the lst day of April, 1965, at the hour of 1:3.0 o'clock P.M. The question being upon the adoption of said motion the roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. Councilman McMillan introduced the following resolution, whimh was read in full and is as follows: RESOLUTION RESOLUTION PROVIDING FOR THE PUBLICATION OF NOTICE OF SALE OF THE CITY OF FORT COLLINS, OLORADO, GENERAL OBLIGATION WATER BONDS. WHEREAS, the City of Fort Collins (herein sometimes designated as the "City"), in the County of Larimer 4nd State of Colorado, has determined, and does hereby determine, that the City of Fort ollins, Colorado, General Obligation Water Bonds, Series June 1. 1965 (herein sometimes designated as the "bonds"), as authorized by an ordinance entitled: "An Ordinance to contract an indebtedness on behald of the City of Fort Collins, Colo- rado, and upon the credit thereof, by issuing the negotiable, coupon, City of Fort Collins, Colorado, General Obligation Water Bonds, Series June 1, 1965, in the aggre- gate principal amount of $3,200,000.00 for the purpose of supplying water to said City by constructing and otherwise acquiring extensions, additions and improvements to the municipal water works system and everything necessary or incidental thereto, including the acquisition of additional sources of water, prescribing the form, terms and condi- tions of said bonds, the manner and terms of their issuance,t he manner of their execution,the method of paying the bonds and the security therefor, and other details in connection therewith; providing for the levy and collection of general (ad valorem) taxes for the payment of said bonds; anso providing for the disposition of revenues from the operation of the waterworks system; providing covenants, aggeements and other details and making other provisions concerning said taxes, 'said revenues, said system, said bonds, the revenues pledged for their payment,and the issuance of additional bonds payable from said revenues; and ratifying action previously taken in connection with the foregoing. lhtroduced and passed on first reading on the llth day of March, 1965, should be publicly so after the final passage of said ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the City of Fort Collins, Colorado, General Obligation Water 3onds, Series June 11 1965, in the principal amount of $3,200.000.00 be, and the same hereby ire ordered to be, publicly advertised for sale; and that the City Council on Thursday, the ath day of May, 1965, at the hour of 1:30 o'clock P.M. at City Hall Council Chambers in the 158 Marc City, will eahse sealed bids to be received and to be opened publicly for the purchase of the bonds. Section 2. That the Mayor and the Director of Finance, be, and 'the same hereby are, authorized and directed: A. To have published a notice of sale of the bonds at least once at least five days prior to the sale date in each of the following: (1) The Fort Collins Coloradcan, a newspaper circulating in the City, and (2) Daily Journal, a financial newspaper published in Denver, Colorado, and B. to cause copies of such notice, the Official Notice of Bond Sale, or summaries thereof to be published or furnished to such other financial journals and to such pros- pective bidders as may be determined by said officers and the Cityls Fiscal Agent, Section 3. That said notice of bond sale to be so published shall be in substan- tially the following form: (Form of Notice for Publication) NOTICE OF BOND SALE CITY OF FORT COLLINS, COLORADO GENERAL OBLIGATIOH WATER BONDS SERIES JUNE 1, 1965 - $3,200,000.00 NOTICE IS HEREBY GIVEN that the City Council of the City of Fort Collins, Colo" rado, will on Thursday, the 6th day of May, 1965, at the hour of 1'30 o'clock P.M. MST, at City Hall Council Chambers in Fort Colorado, receive sealed bids and publicly 'Pen the same for the purchase of the Collins,City,s general obligation, negotiable, coupon bonds, de- signated City of Font Collins, Colorado Geneal Obligation Water Bonds, Series June 1, 1965," in the ag regate principal amount,of $3,?00,000.00, consistingof 640 bonds in the denomination of E 000.00 each, and maturing serially on the first day of December, as follow Amounts Maturing Years Maturi� Amounts Maturing years Mafurin 15,000.00 15,000.00 1967 1968 $ 195,000.00 1977 15,000.00 1969 200,000.00 1978 125,000.00 1970 205,000.0o 1979 155, 000.00 1471 215,000.00 1980 -165,000.00 1972 220,000.00 1981 170,000.00 1973 230,000.00 198,2 175,000.00 1974 2,000.00 1983 180,000.00 �975 2455000 ,00 1984 185,000.00 1976 255,000.00 1985 The bonds will bear interest from date until maturity at a rate or ,rates not exceeding fpQrll and one-half per centum per 'anhum said interest heir of theone coupons firstsday ofental December,1965coupons, i.e., "B" coupons, are notepermitted),nced by ypayabletOn and Decemberyin each year. Not,more nd semiannually thereafter on the first days of June, ity. Each interest rate evidenced b than one interest rate all be i shall be stated for any matuv' 1� per ahnum; and the maximum different oth ialy any cbePweenon hthe lowesta multiple of 1X8 or 1120 of Directornot eof2Financeper narid exBofficionCityl and interest will be Payable thepofficerates OfMay t°e y Treasurer, in Fort Collins, Colorado. onds ing on or in regularBnumericalrorder, at ttheore CitDeseober tions 1974, will be subject to rior redemption meet date thereafter, forpthe Principal amount thereofOn ,naccrued67' °r on anp interest Pay date and a five per cent j The interest to the redemption not be exercised for the purpose Of tenundingrthem bonds option hereinabove provided shall athefterpprovidedecific ritFor conall ent to suchrcalldby the bonds called for prior redemption without 1 will be subject including refundiners of those bonds, except as herein her 1, 975, ject to prior redemption in gs bonds maturing on avd after Decem option, on December 1, 1974, or on an inverse numeridal order, atthe City" y interest payment date thereafter, for the principal amount of each bond so redeemed, accrued interest thereon to the redemption date, and p0 purchaser oflthe bonds oritheor nmanageotice byofuanication and by mail addressed to the original redemption. No provision will be made for t heuregistratienrcha7singdicate shall be given of such Said bonds shall be e bonds for payment. tation imposed by the City Charter. from general (as valorem) taxes 1' and interest and their The bonds are also payable from ' subject to the lim payment is additionally secured b "both as to principal derived from the waterworks system (subject to deli natedy a pledge of, the not revenues No. 16, 1965, finally passed and adopted by the Council oneACeptiotis nonce is made for further details. )s purshant to Ordi Aril 1,1965, reference to which Each bidder is required e u ired an submit a written bid specifying rates of interest and y,, a or above par at � hichsthe lowest rate Or such bonds. Proposals must be in writing and enclosed such bidder will punch ° outsider""Proposal for Bonds,o. Aand addressed to Mr. Miles nFa sealed envelope marlsi on the le bids shall be uheonditional and accompanied b a depositlor of at House, City Clerk, P. 0. Box certified check on solvent bankorttrust00o'00' either in cash orealed, and shall be which deposit shall be promptly returned if ompabid payable to t cashier's check or he City of Fort Collins, is not accepted. 159 The deposit of the best bidder will be credited to the purchaser at the time of delivery of the bonds (without accruing interest). If the successful bidder fails or neg- lects to complete the purchase of said bonds within thirty days immediately following the acceptance of his bid, or within ten days after the bonds are made ready and are offered by the City for delivery, whichever is later, the amount of this deposit will be forfeited to the City, in such case, or if all bids are rejected,t he Council may resell the bonds as provided by law, The purchaser will not be required to accept delivery of said bonds if they are not tendered for delivery within sixty days from the date herein stated for open- ing bids;: and the good faith deposit thereaftem w ill be returned to the purchaser upon his request. The Council reserves the privilege of waiving any irregularity or informality in any bid, or rejecting any or all bids and of reoffering the bonds for sale. The bonds of said series, subject to such reservations, shall be sold to the highest and best bidder making the bid for the bonds to the best advantage of the City, which bid will be determin- ed by deducting the amount of the premium bid, if any, from the total amount of interest which the City would be required to pay from the date of the bonds to their respective maturity dates at the coupon rate or rates specified in the bid, without referencetothe possible, redemption of any of the bonds prior to maturity; and the award will be made on the basis of the lowest net interest cost to the City. The successful bidder or bidders will be required to accept delivery of and to make payment for waid bonds at some bank or trust company in Denver, Colorado, or at the successful bidder's request and expense, delivery will be made at some other bank or trust company in the U. S. A. The legality of the bonds will be approved by Messrs. Dawson, Nagel, Sherman & Howard, Attorneys at Law, 1900 First National Bank Building, Denver, Colorado, whose opin- ion, together with the printed bonds (including that opinion printed thereon), will be fur- nished the purchaser without charge. The Official Notice of Dond Sale, of which this pub- lication is a condensation, financial and other information concerning said bonds and said City may be obtained from Miles F. House, City Clerk, Fort Oollins, Colorado or from the City's fiscal agent, Boettcher and Company, 828 Seventeenth Street, Denver, 6olorado 80202. SATED at Fort Collins, Colorado, this llth day of March, 1965. Isl Harvey G. Johnson Mayor City of Fort Collins, Colorado (SEAL) ATTEST: Isl Miles F. House City ulerk (End of Form of Notice for Publication) Section 4. That the Official Notice of Bond Sale sball be in substantially the following form: (Form of Official Notice of Bond Sale) OFFICIAL NOTICE OF BOND SALE CITY OF FORT COLLINS, COLORADO GENERAL OBLIGATION WATER BONDS SERIES JUNE 1, 1965 - $3,200.000.00 PUBLIC NOTICE IS HEREBY GIVEN that the City Council of the City of Fort Collins (herein sometimes designated as the "City"), in the County of Larimer and State of Colorado will, on Thursday, the 6th day of May, 1965, at the hour of 1:30 o'clock P.M., Mountain Standard Time, at City Hall Council Chambers, in Fort Collins, Colorado, receive sealed bid and publicly open he same for the purchase of the City's negotiable, coupon, general obli- gation water bonds, particularly described below: BOND PROVISIONS ISSUE: "City of Fort Collins, Colorado, General Obligation Water Bonds, Series June 1, 1965_,_" in the principal amount of $3,200.000.00, consisting of 640 bonds numbered consecutively from 1 to 640, both inclusive, in the denomination of $5,b00.00 each, dated the first day of June, 1965, and payable to bearer. MATURITIES: The bonds will be numbered and mature serially in regular numerical order ont he first day of December in each of the designated amounts and years, as follows:. Bond Numbers Amounts Years (All Inclusive) Maturing Maturing, 1 - 3 $ 15,000.00 1967 4 - 6 15,000.00 1968 7--9 15,000.00 1969 10 - 34 125,000.00 1970 35 - 65 155,000.00 1971 66 - 98 165,000.00 1972 99 - 132 167 170,000.00 175,000.00 1973 1974 133 - 168 - 203 180,000.00 1975 ° 204 - 240 185,000.00 1976 241 - 279 195,000.00 1977 1978 280 - 319 360 200,000.00 205,000.00 1979 20 - 361 - 403 215,000.00 1980 R160 404 - 447 $ 220,000.00 1981 448 - 493 ?30,000.00 1982 494 - 540 235,000.00 1983 541 - 589 245,000.00 1984 590 - 640 255,000.00 1985 PRIOR REDEMPTION: Bonds numbered 1 to 167, both inclusive, maturing on or before the first day of ecember, 1974, shall be subject to redemption prior to their respective maturities, at the option of the City, in regular numerical order, on the first day of June 1967, or on any interest payment date thereafter prior to maturity, upon payment of the principal amount of each bond so redeemed, accrued interest thereon to the redemption date, and a premium consisting of five per centum (5%) of the redeemed. The prior redemption option hereinabove Principal amount of each bond so of refunding the bonds called for provided shall not be exercised written for the purpose g prior redemption without the specific written con sent to such call by the holders of those bonds, except as hereinafter provided. For all purposes, including refunding, bonds numbered 168 to 640, both inclusive, maturing on and after the first day of ecember, 1975, shall be subject to redemption prior to their respec ive maturities, , or on aoption of interestheCity, in inverse numerical order, on the first day of December,opayment date thereafter prior to maturity, upon payment the principal amount of each bond s redeemed, accrued interest thereon to the redemption date, and noand prebium. The optied_shon all ll beexercised by giving thirty days ' prior notice by publiiy original purchaser of t he bonds or the manager of any purchasing syndicate. INTEREST RATE: The maximum interest rate is set o£ coupons four and ope-half per centum O}-z�)If per antrum, evidenced until maturity by only one (supplemental interest coupons, i.e., "B" coupons, are not permitted), payable on the first da of December, 1965P todthemforegoing,nually testis£ter on permissibleftosbidays of differenteorn'd''Lece+nlper in each year. Subject without limitation as to the number of rates s split interest rates for said bonds, yspecified paturity. provided, however, that not I, more than one interest rate ma be tatein a for any maturity, Each interest rate specified. and evidenced by any coupon must be%jtperdannum,multiple of one -eighth (1/8th) or one -twee-! Beth (k.20th) of one per centum (lo The maximum to its maturity may not exceed the minimum interest interest rate on any bond pritir on any other bond of said issue by More, - than two per annum. If interestbatdtheall rateot be paid upon presentation at itsll until the principal thereof is paid in fu11, of six per centum (6%) per antrum it PAYMENT: Both the principal of andthe interest on the bonds will be payable in lawful money ytof the United office of tStathe es O oAmerica, without deduction for exchange or collection charges, at Colorado. Financer Of and exofficio Collins, City Treasurer, in Fort REGISTRATION toFOR be registered for authorizing ordinance will contain no provision permitting i payment as to sepal and interest, or as to interest alone, principal alone, or as to both Pr" The onds for Ordinance No. 16,ORDINANCE:6,inallybpassedeandnadopteddon t sale are to be issued pursuant to providing, among other matters, the form, terms, andncomditio st day of April, 1965, therein terms of their issuance, the manner of their execution,t he ns of the bonds, the manner an surety taedesarnated asstthei't'"shstof em°revenues derived from theethodwate of paying them, the se sometir9g y ); in cludi whighbut notordinancemitedttow�ovenahtseandagreein meets in connection therewith, reference to is made for further detail. City, payableMasYtoEbothTprincipalY: The bandsinterest will be the direct general obli ation bonds of the against all taxable prope ty within the City, subjecttoethe (as Val orem) taxes levied charter- limitation City imposed by the ADDITIONAL SECT.TRITY: The bonds will be payable eet from, and they constitute an irrevocable and first lien as to principal and inter live ly first lien) upon the revenues derived from the Operation (but not necessarily an excl eat only to the payment of all necessaryex u' maintenance of the system, as limited and oherwireasonable pensesthe waterworks systed, as security for such payment there is pledged, pursu$htvided in Of the operation anendl t. account identified as the City of Fort Coll' said Ordinance No. 16, 1965, s June 1, 1965, Interest and Bond RetiremehtCFunda'd'o' GeneraldOblica' a spsecial Series he net revenues derived from the Bonds, pay from t waterworks into Obligation Water the ryst dinancelNo. Iof nd 1965,the nforefurtherst on hinPormationondthe desie, "1sted serieicient toch the City vpaynwhenadts to de. to ordinance comprising the designated concernin Reference is m about the P g g bond series. g said account and other detail OUTSTANDING BONDS: The city has heretofore issued Bondh,aretnowthe outstandingyinftheMarch, principal amount the ofi anal princiipalramoduntaofr Revenue 00, whi herein offered for sale the 1 35,000, the bonds 948 revenue bonds OObe Before t he delivery of (escrow) refunding. The refunding bonds will constitute will the sewer system. For further details, reference is lien onlefunded by an advance a ordinance' passed and adopted on the 1st day of Aaailth the "6-1-65 Upon revenues of Bond issued its general obligation Refunding Water Bonds, dated,1965 The Cifirst ty has also Revenretoue the ing Waternbonds"),al ithichpal maretnow oof 600t,ndinOg0ihhihelprsometimes designatedhe day othept19501refund, City has also issued its General Obligation WaterExtensionncipa1 amount of $170 000.00; and the, June, 1954, in the original principal amount of1,500,000Bonds, dated the first day of p the "1954 water extension bonds'), which ar,e now Outstanding 00 (herein sometimes designated �548,000,00. The 1950 refunding water bonds and the 1954 water the principal amount of paid from the net revenues of the waterworks system on a grit extension bonds will be for sale. The City has convenanted to maintain rates as parity with the bonds herein offer revenues or other earnings annually to pay ,the annual and charges sufficient tolproduce the waterworks system and an amount equal to one hundred twent and maintenance expenses ofR the combined maximum annual principal and interest requirementsy-five per centum (125%) Of her therefor); provided, thatble annually fInmdetermany inenues of the waterworks system on b(excluding onds and hthetreserves l^ ' g the ,amount of reveunes there shall e excluded any 161 (water main assessments, water tap fees, and plant investment fees which the city shall have determined not to include. in gross revenues as permitted by,the ordinance authorizing the bonds. ADDITIONAL OBLIGATIONS: Bonds or other obligations, subject to expressed condi- tions, may be issued and made payable from the net revenues of the waterworks system and having a lien thereon subordinance and junior to the lien, or, subject to additional expressed conditions, having a lien thereon on a parity with the lien of the bonds herein designated for sale, in accordance with the provisions of Ordinance No. 16,1965. PURPOSE OF ISSUE: The bonds were authorized for the purpose of supplying water to said City by constructing and otherwise acquiring extensions, additions, and improve- ments to the municipal waterworks system and everything necessary or incidental thereto, including the acquisition of additional sources of water. CORPORATE ORGANIZATION: The, City is a municipal corporation duly organized and existing as a home -rule city under Article XX of the Constitution of the State of Colorado and a Charter framed and proposed by a charter convention, and adopted by the qualified electors of the City at an election held therein on the 5t1a day of October, 1954, POPULATION: The City's population, as shown by the 1960 Federal Census, was 25,027, and the population is currently estimated to be 33,000. TERMS OF SALE BID PROPOSALS: No specified form of bid is required. Each bidder is required to submit an unconditional bid specifying 7a) the owest rate or rates of interest and prem- ium, if any, at or above par at which the bidder will purchase saie bonds. It is also requested for informational purposes only, but is not required, that the bid disclose (b) the total net interest cost in dollars and cents to the City; and (c) the average net interest rate in a stated per centum. Each bid must also be in writing for all the bonds herein offered, enclosed in a sealed envelope marked on the outside "Proposal for Bonds" and addressed to Mr. Miles F. House, City Clerk, P. 0. Box 580, Fort Collins, Colorado. BID CHECK: Ecah bid shall be accompanied by a deposit of a cashier's check of a certified check of a solvent bank or trust company made payable to the City of Fort Collins, in an amount of at least $100,000.00,or by cash deposit in like amount. Such chec or cash deposit will be held as evidence of good faith pending the delivery of the bonds, which deposit (check or cash) shall be .promptly returned to any such bidder if his bid be not accepted. BIDDER'S OPTIONS: It is permissible, subject to expressed limitations, for any bidder: (1) To bid different or split interest rates for the bond (see "interest Rate" above), and (2) To be relieved of the bidder's obligation to purchase the bonds herein offe ed due to the repeal of the exemption for federal income taxes (see "Tax Status" below). TAX STATUS: In the opinion of bond counsel, the interest on the bonds is exempt from taxation by the United States under present federal income tax laws. In the event tha prior to the delivery of the bonds to the successful bidder for the bonds herein offered fo sale, the income received by private holders from obligations of the same type and characte shall be taxable by the terms of any federal income tax law hereafter enacted, t he success- ful bidder, at its election made prior to the delivery of the bonds, may be relieved of its obligation undert he contract to purchase the bonds. In such case the contract to.purchase the bonds will terminate, and the deposit accompanying the purchaser's bid will be returned upon written request therefor being made to and received by bond counsel prior to the delivery of the bonds. SALE RESERVATIONS: The City Council reserves he privilege; (1) Of rejecting any and all bids for the bonds, and (2) Of waiving any irregularity or informality in any bidl (3) Of reoffering the bonds for sale, as provided by law. BASIS OF AWARD: The bond issue, subject to such reservations, will be sold to the highest and best bidder making the bid for the bonds to the best advantage of the City, whic bid will be determined by deducting the amount of the premium bid, if any, from the total amount of interest which the City woul be required to pay from the date of the bonds to their respective maturity dates at the coupon rate or rates specified in the bid, without reference to the possible redemption of any of the bonds prior to maturity; and the award will be made on the basis of t he lowest net interest cost to the City. If there are two (2) or more equal bids for the issue, and if such equal bids are the best bids received and are not for less than the principal amount of thebonds and accrued interest, the City Council will determine which bid will be accepted. SALE BELOW PAR, COMMISSION AND DISCOUNT PROHIBITED: None of the bonds will be sold at less than their principal amount and accrued interest to the date of delivery,, nor will any discount or commission be allowed or paid on the sale of the bonds. TIME OF AWARD: The City Council, upon opening bids as hereinabove provided, ntends to determine immediately the best bid and to take action awarding the bonds; and the ity Council in any event will take action awarding the bonds or rejecting all bids for the ends within twenty-four hours of the time herein sta ad for opening bids. MANNER AND TIME OF DELIVERY: The deposit of the best bidder will be credited to e purchaser at the time of delivery of the bonds (without accruing interest). If the ccessful bidder fails or neglects to complete the purchase of said bonds wiVh f thirty ys next following the acceptance of his bid, or within ten (10) days next after the bonds e made ready and are tendered by the City for delivery, whichever is later, the amount of 162 his deposit will be forfeited to the City, except as hereinafter provided. In that event he City Council may reoffer the bonds for sale as provided by law. The purchaser will not e required to accept delivery of any of said bonds, if they are not tendered for delivery ithin sixty, days from the date herein stated for opening bids; and if said bonds are not so endered within said period of time, the good faith deposit will be returned to the purchas- r upon its request. The City contemplates, however, effecting the delivery of the bonds f said issue to the purchaser thereof in about forty-five days from the date herein designs ad for opening bids and as soon as reasonably possible thereafter. PAYMENT AT AND PLACE OF DELIVERY: The successful bidder or bidders will be requit- to accept delivery of, and to make payment of the balance due for the bonds: 'I (1) At some bank or .trust company in Denver, Colorado, or (2) At the successful bidder's request and expense, at some other bank or trust', pany in the United States of America, as requested. ayment of the balance of the purchase price due for the bond issue at delivery must be in unds acceptable to the City and to the bank or trust company designated asthe place of de- ivery for immediate and unconditional credit to the City, or as directed by the City. LEGAL OPINION, BONDS AND TRANSCRIPT: The legality of the bond issue will be pproved by Messrs. Dawson, Nagel, Sherman & Howard, Attorneys at Law, 1900 First National ank Building, Denver 2, Colorado, whose unqualified, final, approving opinion, together with he printed bonds and a certified transcript of the legal proceedings, including a certifi-;i ate stating that there i� no•ligagation pending affecting the validity of the bonds as of he date of their delivery, and other closing documents, will be furnished the purchaser ithout charge by the ity. A certified true copy of the approving opinionoof bond counsel hall be printed on each bond thereof at the City's expense. INFORMATION: This Official Notice of Bond sale (a condensation of which was order' d published and financial and other information concerning the City and the bonds may be btained from the City's City Clerk and its Fiscal Agent, respectively, as follows: Miles F. House City Clerk P.O. Box 580 Fort Collins, Colorado and Boettcher and "ompany 828 Seventeenth Street Denver, Colorado 80202 FORM OF OPINION: The final and unqualified approving opinion appertaining to the )ond issue will recite, in conventional form, that the designated bond counsel has examined ;he Constitution and laws of the State of Colorado, the Charter of the City, and a certified ;opy of the record of the proceedings of the City Council taken preliminary to and in the .slue of the bonds, describing them in some detail, and that bond counsel has examined bond iumbered oneofsaid issue and has found same properly executed and in due legal form. 'he paragraph opn' w(subject tothe provisions hereinabove entitled Tax Status") substantially as follows: It is our opinion that such proceedings show lawful authority for said issue of bonds under the Constitution andlaws of the State of Colorado and the Charter of the Ci of Fort Collins now in force; that said issue of bonds in the amount aforesaid is valid and legally binding upon said City; that all of the taxable property in said City is subject to the levy of a tax to pay the same, subject to the limitation imposed by the Charter of the Ci.ty;'that the payment of said bonds is additionally secured by a pledge of, and said bonds constitute an irrevocable and first lien (but not necessarily an ex- clusively first lien) upon, the net revenues derived from the operation of the City's waterworks system (except for certain revenues which may, at the City's option, be excluded therefrom); pnvided, however, that the principal of and interest on the Chty's General Obligation Refunding Water Bonds, dated the first day of April, 1950, and the City's General Obligation Water Extension Bonds, dated the first day of June, 195!}, she. be paid from said net revenues on a parity with said bonds; that as security for the payment of the bonds there is irrevocably and exclusively pledged a special fund desig- hatedlas1the C965, ity of Fort Collins, Bond Coloradoirement General Obligation Water Bonds, Series Junund, It into which the City has convenanted to pay from said net revenues sums sufficient to pay when due the principal of and the interest on said bonds (except to the extent the proceeds o£ general taxes are availabh therefor); and that interest on said bonds is exempt from taxation by the United State; of America under present federal income tax laws." DATED at Fort Collins, Colorado, this llth day of March, 1965. G EAL) City of Fort Collins, ''olorado ttest; s/ Miles F. House y (End of Form of Official Notice of Bond Sale) Section 5. That the Mayor, City Manager, and the City's fiscal agent ben and they sreby are, authorkzed and directed to give such other notice of said bond sale as they shalt etermige, if they so determie, including, but not limited to, the publication of the notice uthorized gy 'section 2 hereof or an excerpt thereof in any financial newspapers and periodi- als, and the distribution among investment bankers and others of a bond brochure or pros- ectus relating to saidbbonds. IQ Section 6. That bids for said bonds shall be opened at the time, place and manner provided in the Official Notice of Bond Sale as herein prescribed. Section %. That the officers of the City be, and they hereby are, authorized and. directed to take all action necessary or appropriate to effectuate the provisions of this resolution. Section 8. That all orders, by-laws and resolutions, or parts thereof, in con- flict with this resolution, are hereby repealed. Section 9. That if any one or more sections, sentences, clauses or parts of this resolution shal for any reason be questioned or held invalid, such judgment shall not affec impair or invalidate the remaining provisions hereof, but shall be confined in its operatic to the specific sections, sentences, clauses or parts of this resolution so held invalid. Section 10. That this resolution shall be in full force and effect after passage and approval. PASSED AND APPROVED this llth day of March,1965. sl Harvey G. Johnson yor (SEAL) Attest; iles F It was thereupon moved by Councilwoman Quinn, and seconded by Councilman McMilla that any rule of the City Council which would prevent the passage of said resolution at this meeting be suspended, and said resolution be placed upon its final passage. The roll was called upon said motion with the following results: Ayes: Councilmen Johnson, Colwell McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The presiding officer declared the motion carried and the rules suspended, and said resolution placed upon its final passage. Councilman Colwell, then moved that said resolution be passed as read. Council- woman Quinn seconded the motion. The motion being upon the final passage of the resolution the roll was called with the following results:: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The presiding officer thereupon declared that, at least a majority of the members present having voted in favor of said resolution, the said motion was carried and the resolution duly passed. The following petition was presented and read at length: CITY COUNCliL , CITY OF FORT COLLINS MUNICIPAL BUILDING FORT COLLINS, COLORADO ntlemen: The undersigned, being the owner of the property known as Blocks 22 and 25, River- side Park, a Subdivision in the City of Fort Collins, Colorado, hereby petition the Council of the City of Fort Collins to vacate the alleys running North and South through Blocks 22 and 25; that portion of 6th Avenue between Blocks 22 and 25; that portion of 5th Avenue adjoining Blbck 22 on the East; and that portion of Lath Avenue adjoining Blocks 22 and 25 on the South. All of the above Avenues and alleys being shown on the Plat of Riverside Park; and said petitioners state as reasons for said vacation requests that the above described Avenues and alleys have never been open to the public and are not needed for Municipal purpo and are not needed to develop the area. Respectfully submitted, Joe M. Padia Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that this etition be referred to the City Manager for investigation and action thereof. Roll was alled resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and ouncilwoman Quinn. Nayes: None. The President declared the motion adopted. Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that the ouncil adjourn. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, illan, Guyer and Councilwoman Quinn. Nayes: None and the Council adjourned. The President declared the motion