HomeMy WebLinkAbout069 - 06/18/1985 - AUTHORIZING THE ISSUANCE OF SCORE LOAN REVENUE BONDS, SERIES 1985A BOND ORDINANCE NO. 69, 1985
$3 , 000 , 000
CITY OF FORT COLLINS , COLORADO
SCORE LOAN REVENUE BONDS
SERIES 1985A
ADOPTED: JUNE 18 , 1985
TABLE OF CONTENTS
(This table of contents is not a part of the Ordinance but
is included for convenience only. )
Section 1 . Public Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 2. Authorization. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 3. Terms of the Bonds . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 4 . Form of Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section5. Execution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 6 . Delivery of the Bonds. . . . . . . . . . . . . . . . . . . . . 6
Section 7. Additional Bonds . . . . . . . . . . . . . . . . . . . . . . . 7
Section 8 . Approval of and Authorization to
Execute Instruments . . . . . . . . . . . . . . . . . . . . . . . 7
Section 8 . 1 . Official Statement . . . . . . . . . . . . . . . . . . . . . . 7
Section 3 . 2. Indenture of Trust , Loan Guidelines
and Other Documents . . . . . . . . . . . . . . . . . . . . . . . 8
Section 9. Establishment of Funds . . . . . . . . . . . . . . . . . . . . 8
Section 10 . Payments of Principal . . . . . . . . . . . . . . . . . . . . . 9
Section 11. Disposition of Bond Proceeds . . . . . . . . . . . . . . 9
Section 12 . Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Section13. Defeasance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section 14 . Severability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section 15. Authority to Correct Errors , Etc . . . . . . . . . . 12
Section 16 . Further Authority. . . . . . . . . . . . . . . . . . . . . . . . . 13
Section 17. Repealer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Section 18 . Ordinance Irrepealable . . . . . . . . . . . . . . . . . . . . 13
Section 19. Recording and Authentication . . . . . . . . . . . . . . 13
Section 20 . Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
STATE OF COLORADO )
COUNTY OF LARIMER )
}
CITY OF FORT COLLINS )
The City Council of the City of Fort Collins , Colorado , held
a regular meeting in the Council Chambers , at 300 LaPorte Avenue ,
Fort Collins , Colorado , on Tuesday, the 4th day of June , 1985 , at
the hour of 6:30 p.m.
The following persons were present :
Councilmembers : Barbara Rutstein , Mayor
Kelly Ohlson , Assistant Mayor
Gerald C. Horak
E. John Clarke
John B. Knezovich
Larry Estrada
Ed Stoner
City Manager: John E. Arnold
City Clerk : Wanda M. Krajicek
The following persons were absent:
None
Councilmember Knezovich introduced the following
Ordinance , which was read by title , copies of the full Ordinance
having been available in the office of the City Clerk at least
forty-eight ( 48 ) hours prior to the time said Ordinance was
introduced for each Councilmember and for inspection and copying
by the general public.
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ORDINANCE NO. 69 , 1985
AN ORDINANCE AUTHORIZING THE ISSUANCE OF SCORE LOAN
REVENUE BONDS , SERIES 1935A, OF THE CITY OF FORT COLLINS ,
COLORADO, IN A PRINCIPAL AMOUNT NOT TO EXCEED $3 , 000 , 000 , FOR
THE PURPOSE OF FINANCING CERTAIN LOANS TO THE CITIZENS OF
FORT COLLINS FOR INSTALLING ENERGY SAVING IMPROVEMENTS TO
RESIDENCES ; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF
SAID BONDS FROM THE REVENUES FROM SUCH LOANS AND CERTAIN
OTHER REVENUES AND PROVIDING FOR THE SECURITY FOR SUCH LOANS ;
AND PROVIDING OTHER COVENANTS AND DETAILS IN CONNECTION
THEREWITH.
WHEREAS , the Council of the City of Fort Collins , Colorado
( the "City" ) has determined that it is appropriate and beneficial
to the City and its citizens , for the City to issue SCORE Loan
Revenue Bonds , Series 1985A, pursuant to Article V, Part II ,
Section 20 . 3 , of the Home Rule Charter of the City ( the
"Charter" ) for the purpose of financing certain qualified home
improvement loans ( the "SCORE Loans" ) to owners of real property
in the City, which owners are also customers of the City ' s
Electric Utility; and
WHEREAS , the use of bond proceeds will be restricted to
financing SCORE Loans to owners of residences in connection with
solar, conservation and other renewable energy improvements
( "SCORE Improvements" ) in the City for the purpose of increasing
the efficiency of electric and other energy uses by such
residences ; and
WHEREAS , the issuance of the Bonds for the purpose of
financing SCORE Loans will serve the public purpose of enhancing
the efficient use of energy by the City and its citizens and will.
reduce expenditures by the City and its citizens for energy
systems that produce and conserve energy now and in the future ;
and
WHEREAS , the Council has determined that the principal of ,
premium and interest , if any, on the Bonds shall be payable from
the revenues and receipts derived from the SCORE Loans , other
revenues pledged therefore under the Indenture ( hereinafter
defined ) , and other legally available revenues of the City, if
any, which the City in its sole discretion decides to make
available for such purposes ; provided however , ad valorem taxes
of the City shall not be used for such purposes .
NOW THEREFORE , BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS :
Section 1 . Public Purpose . It is hereby declared and
found to be that issuance by the City of the Bonds for the
purpose of financing SCORE Loans serves the important public
purposes of reducing the cost to property owners in the City of
installing energy efficiency enhancement systems in their
residences ; of enhancing the efficiency of energy use throughout
the City; of reducing the demands upon the City for the provision
of energy to its occupants ; and of encouraging the acquisition
and use of energy efficiency enhancement systems in residences
located within the City, all to the present and future benefit of
the City and its Electric Utility which operates the City ' s
municipally owned electric power system.
Section 2. Authorization . For the purpose of financing
the SCORE Loans to the property owners of the City to finance the
installation of solar , conservation and other renewable energy
improvements ( "SCORE Improvements" ) in residences located within
the City, there is hereby authorized City of Fort Collins ,
Colorado SCORE Loan Revenue Bonds , Series 1985A ( the "Bonds" ) in
a maximum aggregate principal amount not to exceed Three Million
Dollars ( $3 , 000 ,000 ) . The Bonds shall be zero interest bonds ,
but shall be sold at a discount from the face amount thereof
equal to the present value of such Bonds at time of sale as
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determined by the Director of Finance of the City using an
interest rate of from fifty percent ( 500 ) to one hundred percent
( 100% ) of the rate of interest announced from time to time by the
First Interstate Bank of Fort Collins , N .A. , at its principal
offices in Fort Collins , Colorado , as its "Prime Rate" ( computed
on the basis of a 365 day year) ( the "Prime Rate" ) . The specific
discount rate of interest shall be determined as described in
Section 3 hereof . The principal on the Bonds shall be payable
solely from the proceeds of the SCORE Loans , the properties and
the monies pledged to secure such SCORE Loans , the Bond Fund
established under the Indenture , undisbursed Bond proceeds , if
any , and other legally available revenues of the City, if any,
which the City in its sole discretion decides to make available
for such purposes ; provided, however, ad valorem taxes of the
City shall not be used for such purposes .
Except as herein provided, the Bonds shall not be or
constitute a debt or indebtedness of the City within the meaning
of any provision of limitation of the State Constitution or
statutes or the Charter of the City and shall not constitute nor
give rise to a pecuniary liability of the City or a charge
against its general credit or taxing powers ; and the City, its
elected and appointed officials , officers , Council members ,
employees and agents shall not be subject to any personal or
pecuniary liability thereon.
In accordance with provisions of Article V, Part II ,
Section 20 . 3 of the Charter, the City may issue securities made
payable solely from revenues derived from the operation of the
project or capital improvements acquired with the securities '
proceeds , or from other projects , or improvements or sources
without the requirement of an election on the question of issuing
the securities .
- 3 -
Section 3 . Terms of the Bonds. The Bonds shall be issued
from time to time in denominations of $500 or integral multiples
thereof . The Bonds shall be dated as of the first day of the
month in which they are issued and shall mature five ( 5 ) years
from the date appearing on such Bonds or such shorter period of
time as the Director of Finance of the City may determine at the
time of issuance . Each Bond will be non-interest bearing , but
shall be sold at a price equal to the discounted principal face
amount of the Bond as established by the City' s Director of
Finance on the first day of the month in which the Bond is
sold . The sale price of each Bond shall be equal to the present
value of the principal face amount of the Bond determined at the
discretion of the City ' s Director of Finance by using a rate of
interest of from fifty percent ( 500 ) to one hundred percent
( 1000 ) of the rate of interest announced by First Interstate Bank
of Fort Collins , N .A. , at its principal offices in Fort Collins ,
Colorado , as its "prime rate" effective on the first day of the
month for which such determination of a sales price is being
made . The average net effective interest rate on the Bonds
outstanding at any time shall not exceed twenty percent ( 200 ) per
annum.
Each Bond shall be subject to purchase or redemption by the
City, in whole or part , prior to it maturity date at the option
of the City on any business day at a price equal to the original
sales price of the Bond being purchased or redeemed , plus a
redemption premium equal to an amount which will result in a
yield on such Bond from the date of issue to the redemption date
calculated at a rate of interest equal to the original discount
rate expressed as a percentage. Notice of intent to prepay or
redeem the Bonds or any portion thereof , shall be given to the
holders of such Bonds at least thirty ( 30) business days prior to
the date fixed for prepayment or redemption fixed in such notice .
4 -
The principal face amount of each Bond shall be payable to
the registered owner thereof as shown on the books kept for that
purpose at the office of the City Clerk , as registrar , or her
successor ( the "Registrar" ) , upon maturity and surrender of the
Bond at the office of the Director of Finance of the City as
Paying Agent or his successor ( the "Paying Agent" ) . If , upon
presentation at maturity payment of the Bond is not made as
herein provided , interest thereon shall be computed at a rate of
interest equal to ten percent ( 10° ) per annum until the principal
thereof is paid in full .
The Bonds shall be subject to all of the terms and
conditions contained in the Indenture of Trust , dated as of
July 1 , 1985 , by and between the City and First Interstate Bank
of Fort Collins , N.A. , as Trustee ( the " Indenture" ) .
Section 4 . Form of Bonds . The Bonds shall be in
substantially the form set forth in Article IV of the Indenture ,
with such omissions , insertions , endorsements , and variations as
to recitals of fact or other provisions as may be required by the
circumstances and as may be required or permitted by this
Ordinance , and as may be necessary or appropriate to conform to
the rules and requirements of any governmental authority or to
any usage or requirement of law with respect thereto.
Section 5. Execution . The Bonds shall be executed on
behalf of the City by the fascimile signatures of the Mayor and
City Clerk and shall be countersigned and authenticated by the
manual or fascimile signature of the City ' s Director of
Finance . In case any officer whose signature shall appear on the
Bonds ceases to be an officer before delivery of such Bonds to
the purchaser thereof , such signature shall nevertheless be valid
and sufficient for all purposes , the same as if he had remained
in office until delivery.
5 -
Section 6 . Delivery of the Bonds . Before delivery of the
Bonds authorized hereunder there shall be filed in the office of
the City Clerk the following items :
1 . An executed counterpart of the Indenture;
2. An original opinion of Bond Counsel , dated as of
the date of the initial sale of Bonds , as to the
validity and tax-exempt status of the Bonds as of
the date of initial sale of any of the Bonds ;
3 . The Official Statement used in connection with the
marketing and sale of the Bonds ; and
4. Such other documents and opinions as Bond Counsel
may reasonably require for the purposes of
rendering its opinion in subsection 2 above or that
the Director of Finance or the Trustee under the
Indenture may require prior to the initial sale of
any Bond.
The Bonds shall be sold from time to time at the Fort Collins
Utility office located at 300 LaPorte Avenue , Fort Collins ,
Colorado , or at such other location as the City ' s Director of
Finance may direct. The Utility' s General Manager is hereby
authorized and directed to carry out the SCORE Loan program as
contemplated by this Ordinance. Sales of the Bonds shall be made
only by City employees in the course of their regular employment
duties and no commissions on the sales of the Bonds shall be paid
to any City employee .
The Bonds shall be made available for purchase by the public
at times and in aggregate amounts as determined by the City ' s
Director of Finance. Unless consented to in writing by the
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Director of Finance , no more than $5 , 000 aggregate principal
amount of the Bonds shall be sold to any individual purchaser ,
and no more than $10 , 000 aggregate principal amount of the Bonds
shall be sold to a married couple. The Director of Finance , in
his sole discretion to enhance the objectives of the SCORE Loan
program may sell Bonds to financial institutions and other
institutional investors organized under the laws of any state of
the United States of America in unlimited amounts .
Section 7 . Additional Bonds . The City hereby covenants
and agrees that it will not issue more than Three Million Dollars
( $3 , 000 , 000 ) aggregate principal amount of Bonds payable from the
revenues received from the loan of bond proceeds under the SCORE
Loan program, without the written consent of the Trustee , which
consent shall not be unreasonably withheld , and without the
following conditions being met :
a . The City shall not be in default under the terms of
the Indenture ; and
b. The default rate on SCORE Loans is equal to or less
than five percent ( 50 ) of the outstanding aggregate principal
amount of such loans .
Nothing in this section contained shall prohibit or restrict
the rights of the City to issue revenue bonds , notes or other
revenue obligations for the purpose of providing funds for
enhancing the energy efficiency of residences within the City so
long as such revenue bonds , notes or other obligations shall not
be payable from the Debt Reserve Fund or the monies received as
repayments of the principal of the SCORE Loans made from proceeds
of the Bonds authorized by this Ordinance .
Section 8 . Approval of and Authorization to Execute
Instruments .
1 . Official Statement . The Mayor is hereby authorized
and directed to affix her signature to the Official Statement ,
7 -
for and on behalf of the City, in such form as approved by the
Director of Finance , but with such changes therein as the
administrative staff may deem necessary or appropriate , as
evidenced by her execution thereof . The distribution by the City
and use by the City in connection with the sale and marketing of
the Series 1985A Bonds of the Official Statement , including
appropriate amendments and supplements , is hereby further
authorized .
2. Indenture of Trust , Loan Guidelines and Other
Documents . The Indenture of Trust , dated as of July 1 , 1985 , by
and between the City and the Trustee ( the " Indenture" ) is hereby
approved in substantially the form presented to the Council and
the Loan Guidelines and Procedures , dated as of July 1 , 1985 , as
promulgated by the City, as amended from time to time ( the "Loan
Guidelines" ) are hereby authorized in such form as may be
approved by the Director of Finance ; and the Mayor , City Clerk
and City' s Director of Finance are authorized to execute the
Indenture and the Loan Guidelines in the name of and on behalf of
the City and such other documents as Bond Counsel and the City
Attorney consider appropriate in connection with the issuance of
the Bonds and in making SCORE Loans . In the event of the absence
or disability of the Mayor , the City Clerk or the Director of
Finance , such officers of the City as , in the opinion of the City
Attorney, may act in their behalf , shall without further act or
authorization of the Council do all things and execute all
instruments and documents required to be done or executed by such
absent or disabled officers.
Section 9 . Establishment of Funds . The City hereby
establishes two funds , to be called the "City of Fort Collins
SCORE Loan Fund" ( the "SCORE Loan Fund" ) and the "City of Fort
Collins SCORE Loan Revenue Bond Fund" ( the "Bond Fund" ) . All
proceeds from the sale of the Bonds , after reimbursement to the
City of issuance costs for which the City requests reimbursement ,
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shall be deposited in the SCORE Loan Fund which shall be under
the control and management of the Trustee. The monies in the
SCORE Loan Fund shall be used to finance SCORE Loans as set forth
in Section 503 of the Indenture. All repayments of principal of
and interest on the SCORE Loans received by the Trustee or the
City shall be immediately deposited in the Bond Fund as set forth
in Sections 503 and 602 of the Indenture .
Section 10. Payments of Principal . The City pursuant to
Section 801 of the Indenture covenants that it will promptly pay
or cause to be paid the principal of the Bonds at the place , on
the dates , from the source and in the manner provided in the
Indenture and the Bonds. The principal is payable solely from
and secured by the revenues and proceeds derived from the SCORE
Loans made with proceeds of the Bonds and the assets pledged to
secure such loans and the undisbursed monies in the SCORE Loan
Fund and the Bond Fund ; and nothing in the Bonds , the Indenture
or this Ordinance shall be considered as assigning , pledging or
otherwise encumbering any other funds or assets of the City. The
City may use other legally available revenues of the City, if
any, other than ad valorem property taxes which the City in its
sole discretion decides to use to pay the difference between the
monies available from the revenue sources described above in this
section and the amount due on the Bonds at their individual
maturities from such revenues as the City may have at the time of
such deficiency, if any, which may then be legally available to
pay any such deficiency.
Section 11 . Disposition of Bond Proceeds. The Bonds shall
be issued and sold for the purpose of financing SCORE Loans for
the purpose of improving the efficient use of energy within the
City. Neither the purchasers of the Bonds nor the subsequent
holders thereof shall be responsible for the application or
disposal by the City or any of its officers of the funds derived
from the sale thereof . The issuance of the Bonds by the City
9 -
shall constitute a warranty by and on behalf of the City for the
benefit of each and every holder of the Bonds , that said Bonds
have been issued for a valuable consideration in full conformity
with the law.
All or any portion of the bond proceeds may be temporarily
invested , or reinvested , pending such use , in securities or
obligations which are lawful investments for such municipalities
in the State of Colorado, and as further set forth in the
Indenture . It is hereby covenanted and agreed by the City that
temporary investment or reinvestment of the Bond proceeds , or any
portion thereof , shall be of such nature and extent , and for such
period , that the Bonds shall not be or become "arbitrage bonds"
within the meaning of Section 103 ( c) of the Internal Revenue Code
of 1954 , as amended ( the "Code" ) and pertinent regulations , and
such proceeds , if so invested and reinvested , shall be subject to
the limitations and restrictions of said Section 103 ( c ) , and
pertinent regulations as the same now exist or may later be
amended. The City shall not permit all or a major portion of the
proceeds of the Bonds to be used directly or indirectly in any
trade or business carried on by any person who is not an exempt
person within the meaning of Section 103 ( b) of the Code .
Section 12. Remedies. The provisions of this Ordinance ,
including the covenants and agreements herein contained , shall
constitute a contract between the City and the holders of the
Bonds , and the holders of the Bonds shall have the following
rights , but only after exhaustion of all remedies undertaken on
behalf of the holders of the Bonds as provided in the Indenture :
( a) By mandamus or other suit , action or proceedings at law
or in equity to enforce their rights against the City and its
officers , agents and employees , and to require and compel duties
and obligations required by the provisions of this Ordinance the
Bonds , the Indenture or by the Constitution and laws of the State
of Colorado , or the laws and ordinances of the City; and
10 -
( b) By suit , action or other proceedings in equity or at
law to require the City, its officers , agents and employees to
account as if they were the trustees of an express trust ; and
( c ) By suit , action or other proceedings in equity or at
law to enjoin any acts or things which may be unlawful or in
violation of the rights of the holder of the Bonds .
Nothing contained in this Ordinance , however , shall be
construed as imposing on the City any duty or obligation to levy
any taxes whether to meet any obligation incurred herein or to
pay the principal of or interest , if any, on the Bonds .
No holder of the Bonds secured hereby shall have any right
in any manner whatever by its action to affect , disturb or
prejudice the security granted and provided for herein , or to
enforce any right hereunder , except in the manner herein
provided , and all proceedings at law or in equity shall be
instituted , had and maintained for the benefit of the holders of
the Bonds. No remedy conferred herein upon the holders of the
Bonds is intended to be inclusive of any other remedy, but each
such remedy shall be cumulative and in addition to every other
remedy and may be exercised without exhausting and without regard
to any other remedy conferred herein. No waiver of any default
or breach of duty or contract by the holders of the Bonds shall
extend to or affect any subsequent default or breach of duty or
contract or shall impair any rights or remedies thereon. No
delay or omission of a holder of the Bonds to exercise any right
or power shall be construed to be a waiver of any such default or
acquiescence therein . Every substantive right and every remedy
conferred upon the holders of the Bonds by this Ordinance may be
deemed expedient . In case any suit , action or proceedings taken
by the Trustee or the holder or holders of the Bonds on account
of any default or to enforce any right or exercise any remedy
shall have been discontinued or abandoned for any reason, or
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shall have been determined adversely to such holder or holders of
the Bonds , then, and in every such case , the City and the holder
or holders of the Bonds shall be restored to their former
positions and rights hereunder, respectively, and all rights ,
remedies , powers and duties of the holder or holders of the Bonds
shall continue as if no such suit , action or other proceedings
had been brought or taken .
Section 13 . Defeasance . When all principal and interest
if any, in connection with the Bonds hereby authorized have been
duly paid , the pledge and lien and all obligations hereunder
shall thereby be discharged and the Bonds shall no longer be
deemed to be outstanding within the meaning of this Ordinance .
There shall be deemed to be such due payment when all outstanding
Bonds have been redeemed or when the City has fully complied with
Section 1202 of the Indenture .
Section 14 . Severability. If any provision of this
Ordinance , except Section 2 hereof , shall be held or deemed to
be , or shall , in fact , be , inoperative or unenforceable as
applied in any particular case in any jurisdiction or in all
cases because it conflicts with any provisions of any
constitution or statute or rule or public policy, or for any
other reason , such circumstances shall not have the effect of
rendering the provision in question inoperative or unenforceable
in any other case of circumstance , or of rendering any other
provision or provisions herein contained invalid , inoperative or
unenforceable to any extent whatever. The invalidity of any one
or more phrases, sentences , clauses or paragraphs in this
Ordinance shall not affect the remaining portions of this
Ordinance or any part hereof.
Section 15. Authority to Correct Errors , Etc. The Mayor
and the City Clerk or the City' s Director of Finance are hereby
authorized and directed to make or agree to any alterations ,
12 -
changes or additions in the instruments hereby approved as the
Mayor and the City Attorney deem necessary or proper to
accomplish the purposes of this Ordinance , the signatures of the
Mayor and the City Clerk or the City ' s Director of Finance on the
instruments to be conclusive evidence of such approval ; provided ,
however, no alteration , change or addition shall be made which
shall alter the maximum net effective interest rate , registration
privileges , manner of execution, or terms of prepayment of the
bonds or which shall increase the aggregate principal amount of
the bonds authorized by the City Council or in any way give rise
to a further pecuniary liability of the City or a charge against
its general credit or taxing powers with respect to the Bonds .
Section 16 . Further Authority . The Mayor and the City
Clerk and other proper City officials , and each of them, are
hereby authorized to execute and deliver for and on behalf of the
City any and all additional certificates , documents and other
papers and to perform all other acts they may deed necessary or
appropriate in order to implement and carry out the matters
herein authorized.
Section 17 . Repealer. All ordinances or parts thereof in
conflict with this Ordinance are hereby repealed.
Section 18 . Ordinance Irrepealable . After said Bonds are
issued this Ordinance shall be and remain irrepealable until said
bonds and the interest thereon shall have been fully paid ,
satisfied and discharged.
Section 19 . Recording and Authentication . This Ordinance ,
as adopted by the City Council , shall be numbered and recorded ,
and the adoption and publication shall be authenticated by the
signatures of the Mayor and City Clerk and by the certificate of
the publisher, respectively.
Section 20 . Effective Date . The effective date of this
Ordinance shall be June 23 , 1985.
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Introduced , considered favorably on first reading and
ordered published this 4th day of June , 1985 , and to be presented
for final passage on the 18th day of June , 1985 .
Mayor
( SEAL)
ATTEST:
Y
City Clerk
14 -
Passed and adopted on final reading on this 18th day of
June , 1985.
Mayor
ATTEST:
O An�t�l
City Clerk QN
Councilmember Knezovich moved that the foregoing
Ordinance heretofore introduced and read by title be approved on
first reading . Councilmember Clarke seconded the
motion.
The question being upon the approval on first reading of the
Ordinance , the roll was called with the following results :
Councilmembers voting "AYE" :
Councilmembers: Barbara Rutstein, Mayor
Kelly Ohlson , Assistant Mayor
Gerald C. Horak
E. John Clarke
John B. Knezovich
Larry Estrada
Ed Stoner
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Councilmembers voting "NAY" :
None
The Mayor thereupon declared that , a majority of the
Councilmembers present having voted in favor thereof , the motion
was carried and the Ordinance duly approved on first reading.
Thereupon the Mayor ordered said Ordinance published once by
title together with a notice giving the date when said Ordinance
will be presented for final passage in The Coloradoan , a
newspaper of general circulation published in the City, at least
seven ( 7 ) days before presentation for final passage.
After consideration of other business to come before the
Council , the meeting was adjourned .
zd4i�&M
Mayor
City of Fort Collins , Colorado
ATTEST:
IXL � -Vo=�-;4k
City Clerk 113
City of Fort Collins , Colorado
16 -
STATE OF COLORADO )
COUNTY OF LARIMER )
CITY OF FORT COLLINS )
The Council of the City of Fort Collins , Colorado , held a
regular meeting at 300 LaPorte Avenue , Fort Collins , Colorado, on
Tuesday, the 18th day of June , 1985 , at the hour of 6 : 30 P.M.
The following persons were present :
Councilmembers : Barbara Rutstein , Mayor
Kelly Ohlson, Assistant Mayor
Gerald C. Horak
John B. Knezovich
Larry Estrada
Ed Stoner
City Manager: John E. Arnold
City Clerk : Wanda M. Krajicek
The following persons were absent :
E. John Clarke, Councilmember
The Mayor informed the Council that Ordinance No. 69, 1985 ,
which was introduced , approved on first reading , and ordered
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published once by title at a regular meeting of the Council held
on June 4 , 1985 , was duly published in The Coloradoan, a
newspaper of general circulation published in the City, in its
issue of June 9 , 1985.
Councilmember Knezovich then read said Ordinance by its
title.
Thereupon , Councilmember Knezovich moved the final
passage of Ordinance No. 69, 1985 , and the question being upon
the final passage of said Ordinance , the roll was called with the
following results :
Councilmembers voting "AYE" :
Councilmembers : Barbara Rutstein , Mayor
Kelly Ohlson , Assistant Mayor
Gerald C. Horak
John B. Knezovich
Larry Estrada
Ed Stoner
Councilmembers voting "NAY" :
None
The Mayor thereupon declared that a majority of the
Councilmembers present having voted in favor thereof , the motion
was carried and the Ordinance finally passed.
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Thereupon the Mayor ordered said Ordinance published by
number and title only together with a notice of the final passage
of the Ordinance in The Coloradoan , a newspaper of general
circulation published in the City, within five ( 5 ) days after
said final passage.
After consideration of other business to come before the
Council the meeting was adjourned .
Mayor
City of Fort Collins
ATTEST:
City Clerk
City of Fort Collins
STATE OF COLORADO )
ss .
COUNTY OF LARIMER )
CITY OF FORT COLLINS )
I , Wanda M. Krajicek, City Clerk of the City of Fort Collins
do hereby certify that the attached copy of Ordinance No. 69
is a true and correct copy ; that said Ordinance was introduced
and approved on first reading by the Council of the City of Fort
Collins , at a regular meeting thereof held at 300 LaPorte Avenue ,
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Fort Collins , Colorado , the regular meeting place thereof , on
Tuesday, the 4th day of June , 1985 , that said Ordinance was
finally passed on second reading by said Council at a regular
meeting thereof held at 300 LaPorte Avenue , Fort Collins ,
Colorado , the regular meeting place thereof , on Tuesday, the 18th
day of June , 1985 , that a true copy of said Ordinance has been
authenticated by the signatures of the Mayor of said City and
myself as recorded in a book marked "Ordinance Record" kept for
such purpose in my office ; and that said Ordinance was duly
published by title and number together with a notice giving the
date when said Ordinance would be presented for final passage and
once by number and title only together with a notice stating the
date when said Ordinance was presented for the final passage
thereof , in the The Coloradoan , a newspaper of general
circulation published in the City, in its issues of June 9 , 1985 ,
and June 23 , 1985 , as evidenced by the certificates of the
publisher attached hereto at pages 22 and 23 . I further certify
that the foregoing pages 1 through 19 , inclusive , constitute a
true and correct copy of the record of the proceedings of said
Council at its regular meetings of June 4 , 1985 , and June 18 ,
1985 , insofar as said proceedings relate to said Ordinance ; and
that said proceedings were duly had and taken, that the meetings
were duly held ; and that the persons were present at said
meetings as therein shown.
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IN WITNESS WHEREOF, I have hereunto set my hand and the seal
of the City of Fort Collins , Colorado, this 24th day
of June 1985
City Clerk
City of Fort Collins , Colorado
STATE OF COLORADO )
COUNTY OF LARIMER ) ss .
CITY OF FORT COLLINS )
(Attach affidavit of publication in full of Ordinance and notice
giving date when Ordinance to be presented for final passage . )
SC04
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