HomeMy WebLinkAbout080 - 08/06/1985 - AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND (ENGINEERING PROFESSIONALS, INC. PRO 0032R
07/11/85
CERTIFIED RECORD
OF
PROCEEDINGS OF THE COUNCIL OF
THE CITY OF FORT COLLINS, COLORADO
RELATING TO AN ORDINANCE
AUTHORIZING THE ISSUANCE OF ITS
INDUSTRIAL DEVELOPMENT REVENUE BOND
(ENGINEERING PROFESSIONALS, INC. PROJECT)
SERIES 1985
IN A PRINCIPAL AMOUNT NOT TO EXCEED $460 , 000
STATE OF COLORADO )
COUNTY OF LARIMER ) ss .
CITY OF FORT COLLINS)
The council of the City of Fort Collins, Colorado, held a
regular meeting at Council Chambers, City Hall , 300 LaPorte
Avenue, Fort Collins, Colorado, on Tuesday, the 16th day of
July, 1985, at the hour of 6 : 30 p.m.
The following persons were present :
Council Members : Barbara S . Rutstein, Mayor
Kelly Ohlson, Assistant Mayor
E. John Clarke
Larry Estrada
X96f mXwm6x_X
John B . Knezovich
Ed Stoner
City Manager : John E. Arnold
Finance Director : James H. Harmon
City Clerk: Wanda M. Krajicek
City Attorney: John H. Huisjen
The following persons were absent :
Council Member Gerald C. Horak
Council Member Rutstein 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 Council Member and for inspection and
copying by the general public :
-1-
ORDINANCE NO. 80, 1985
AN ORDINANCE AUTHORIZING THE ISSUANCE OF AN
INDUSTRIAL DEVELOPMENT REVENUE BOND
(ENGINEERING PROFESSIONALS, INC. PROJECT) ,
SERIES 1985 , IN A PRINCIPAL AMOUNT NOT TO
EXCEED $460 , 000; AND APPROVING THE FORM AND
AUTHORIZING THE EXECUTION OF CERTAIN
DOCUMENTS RELATING THERETO; APPROVING THE
ISSUANCE AND SALE OF THE BOND; MAKING CERTAIN
DETERMINATIONS WITH RESPECT THERETO;
PROVIDING FOR THE PRINCIPAL AMOUNT, MATURITY
OF, AND INTEREST RATE ON THE BOND; AND
REPEALING INCONSISTENT ACTIONS; AND ORDERING
A PUBLIC HEARING.
WHEREAS, the City of Fort Collins, Colorado (the "Issuer" ) ,
is authorized by part 1 of article 3 of title 29 , Colorado
Revised Statutes , as amended (the "Act" ) , to issue revenue bonds
for the purpose of financing projects to the end that business
enterprises will locate in the City of Fort Collins , to enter
into financing agreements with others for the purpose of
providing revenues to pay such bonds, and further to secure the
payment of such bond; and
WHEREAS, pursuant to a Resolution duly adopted on April 16,
1985 (the "Bond Resolution" ) , the Issuer will take all necessary
and advisable steps to issue such bond in a principal amount not
to exceed $460 , 000 in accordance with the provisions of the Act
for the purpose of financing an office facility (the "Project" )
to be owned by John P. Cavano, Jr . (the "Borrower" ) and leased
by Engineering Professionals, Inc . , a Colorado corporation (the
"Tenant" ) , and to be located within the City of Fort Collins; and
WHEREAS, the following documents have been submitted to the
Council of the Issuer (the "Council" ) and filed in the office of
the City Clerk of the City of Fort Collins (the "Clerk" ) and are
there available for public inspection:
(a) a Loan Agreement, to be dated its date of delivery
(the "Loan Agreement" ) , between the Issuer, the Borrower and
The First Interstate Bank of Fort Collins, N.A. , a national
banking association (the "Lender") including a form of
Borrower ' s Note to the Lender; and
(b) a Deed of Trust and Security Agreement, to be
dated its date of delivery (the "Deed of Trust" ) , between
the Borrower, as grantor and debtor, and the Lender, as
beneficiary and secured party; and
(c) A Guaranty Agreement , to be dated its date of
delivery (the "Guaranty" ) between John P. Cavano, Jr . ( in
the capacity of Guarantor) and the Lender; and
-2-
WHEREAS, the Council desires to issue at this time the City
of Fort Collins, Colorado, Industrial Development Revenue Bond
(Engineering Professional , Inc . Project) , Series 1985, in a
principal amount not to exceed $460 , 000 (the "Bond" ) to be dated
its date of delivery; and
WHEREAS, it is necessary to issue the Bond by ordinance and
to approve the form and authorize the execution of the
aforementioned documents thereby.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS, COLORADO, THAT:
Section 1 . Approvals and Authorizations . The forms of Loan
Agreement, including the forms of Bond and Borrower ' s Note, the
Deed of Trust and the Guaranty are hereby approved. The Mayor
of the Issuer (the "Mayor" ) and the Clerk are hereby authorized
and directed to execute the Loan Agreement and the Bond and
affix the seal of the Issuer thereto, the Finance Director of
the Issuer is authorized and directed to countersign the Bond,
and the Mayor, the Clerk and the Finance Director are further
authorized and directed to execute and authenticate such other
documents, instruments or certificates as are deemed necessary
or desirable by bond counsel in order to issue and secure the
Bond. Such documents are to be executed in substantially the
form hereinabove approved, provided that such documents may be
completed, corrected or revised as deemed necessary by the
parties thereto in order to carry out the purposes of this
Ordinance . Copies of all of the documents shall be delivered,
recorded, and filed as provided therein. When executed, the
right, title and interest of the Issuer in, to and under the
Loan Agreement shall , by the terms of the Loan Agreement, have
been assigned to the Lender .
The proper officers of the Issuer are hereby authorized and
directed to prepare and furnish to bond counsel certified copies
of all proceedings and records of the Issuer relating to the
Bond and such other affidavits and certificates as may be
required to show the facts relating to the authorization and
issuance thereof as such facts appear from the books and records
in such officers ' custody and control .
The approval hereby given to the various documents referred
to above includes the approval of such additional details
therein as may be necessary and appropriate for their completion
and such modifications thereof, deletions therefrom, and
additions thereto as may be approved by bond counsel prior to
the execution of the documents . The execution of any instrument
by the appropriate officers of the Issuer herein authorized
shall be conclusive evidence of the approval by the Issuer of
such instrument in accordance with the terms hereof .
-3-
Section 2 . Issuance and Sale of Bond . The Issuer shall
issue its Industrial Development Revenue Bond (Engineering
Professionals , Inc . Project) , Series 1985 , to be dated its date
of delivery, in a principal amount not to exceed $460 , 000 , for
the purpose, in the form and upon the terms set forth in this
Ordinance and the Loan Agreement , including the form of Bond set
forth as Exhibit A to the Loan Agreement .
The Bond shall be sold to the Lender pursuant to the terms
of the Loan Agreement . The Bond shall be payable in the manner
and to the person set forth in the Loan Agreement and the form
of Bond set forth as Exhibit A to the Loan Agreement .
The maximum net effective interest rate authorized for the
Bond is thirty percent (30%) per annum. The actual net
effective interest rate for the Bond does not exceed thirty
percent (30%) per annum.
Section 3 . Determinations . It is hereby found, determined
and declared that :
(a) the financing of the Project will promote the
public health, welfare, safety, convenience and prosperity
and promote and develop trade or other economic activity by
inducing a business enterprise to locate in the City of Fort
Collins and the State of Colorado in order to mitigate the
serious threat of extensive unemployment and to secure and
maintain a balanced and stable economy for the City of Fort
Collins and the State of Colorado;
(b) As set forth in greater detail in the Bond, the
Bond is payable in monthly installments of principal of and
interest due on the Bond in the amount of $3 , 505 payable on
the first day of each month, commencing on October 1 , 1985,
and continuing through September 1 , 2015, or such earlier
date as the Principal Balance, with interest thereon, shall
have been paid in full . The monthly installment due shall
be applied first to interest due on the Principal Balance on
the applicable due date and then to the Principal Balance.
Interest on the Principal Balance is payable from the date
of the Bond until the Principal Balance is paid in full , at
a per annum rate (except as provided, in the Bond and the
Loan Agreement in the event of a Determination of
Taxability) , equal to eighty percent (80%) of the prime
interest rate for loans in effect from time to time at the
office of the Lender, in Fort Collins , Colorado, published
as its "Prime Rate" (the "Prime Rate" ) , multiplied by the
Margin Factor Rate as defined in the Bond. Such interest
thereon shall fluctuate with and at the time of any changes
in the Prime Rate. The interest rate shall be no greater
than thirty percent (30%) per annum. The monthly
installment of principal of and interest due on the Bond of
$3 , 505 has been established by the Lender using an assumed
-4-
interest rate of eight and forty hundredths percent (8 . 400)
per annum (i . e. 80% of a Prime Rate equal to ten and fifty
hundredths percent (10 . 500) per annum) . The difference
between the stated monthly payment amount based upon such
assumed interest rate and the actual installments of
principal and interest required to be paid based upon the
actual interest rate borne by the Bond and amortization of
the principal of the Bond from its date through September 1 ,
2015, shall be paid semi-annually on March 1 and September 1
over the term of the Bond to : ( i ) the Borrower if the
monthly payments over the immediately preceding six ( 6)
month period are in excess of the payments that would have
been made at the actual interest rate borne by the Bond; and
( ii) to the Lender if the monthly payment over the
immediately preceding six ( 6) month period are less than the
payments that would have been made at the actual interest
rate borne by the Bond.
The total amounts necessary in each year to pay the
principal of and interest on the Bond will not exceed the sum of
$34 , 504 . 77 in calendar year 1985 , the sum of $138 , 019 . 08 in the
calendar years 1986 through 2014 , and the sum of $103 , 514 . 31 in
the calendar year 2015 . The amounts necessary to pay principal
and interest are computed on the assumption that the interest
rate on the Bond will be the maximum permitted under the terms
of the Loan Agreement ( i .e. thirty percent (30%) per annum) .
(c) no reserve funds are required by the Issuer in
connection with the retirement of the Bond or maintenance of
the Project;
(d) the Loan Agreement provides that the Borrower
shall maintain the Project and carry all proper insurance
with respect thereto;
(e) the Loan Agreement requires that the Borrower pay
the taxes which the taxing entities specified in Section
29-3-120(3) of the Act are entitled to receive from the
Borrower with respect to the Project;
(f) the payments required in the Loan Agreement to be
made are sufficient to pay the principal of and interest on
the Bond when due and to pay all other costs required in the
Loan Agreement to be paid.
Section 4 . Nature of Obligation. Under the provisions of
the Act, and as provided in the Loan Agreement, the Bond shall
be a special , limited obligation of the Issuer payable solely
from, and secured by a pledge of , the revenues derived from the
Loan Agreement and shall be further secured by the lien and
security interest of the Deed of Trust upon the Project . The
Issuer will not pledge any of its property or secure the payment
-5-
of the Bond with its property. The Bond shall never constitute
the debt or indebtedness of the Issuer within the meaning of any
provision or limitation of the constitution or statutes of the
State of Colorado or of the Issuer ' s home rule charter and shall
not constitute nor give rise to a pecuniary liability of the
Issuer or a charge against its general credit or taxing powers .
The Issuer will not pay out of its general fund or otherwise
contribute any part of the Cost of the Project (as said term is
defined in the Loan Agreement) ,
Section 5 . Ordinance Irrepealable . After the Bond is
issued, this Ordinance shall constitute an irrevocable contract
between the Issuer and the owner of the Bond and shall be and
remain irrepealable until the Bond, both principal and interest,
shall be fully paid, cancelled and discharged.
Section 6 . Ratification. All action heretofore taken by
the Issuer and by the officers thereof not inconsistent herewith
directed toward the financing of the Project and the issuance
and sale of the Bond is hereby ratified, approved and confirmed.
Section 7 . Repealer . All acts , orders, resolutions,
ordinances , or parts thereof, taken by the Issuer and in
conflict with this Ordinance are hereby repealed, except that
this repealer shall not be construed so as to revive any act,
order , resolution or part thereof , heretofore repealed.
Section 8 . Severability. If any paragraph, clause or
provision of this Ordinance except Section 4 hereof, is
judicially adjudged invalid or unenforceable, such judgment
shall not affect , impair or invalidate the remaining paragraphs,
clauses or provisions hereof .
-6-
Section 9 . Public Hearing. A public hearing on the
proposed issuance of the Bond shall be held at the Council
chambers on August 6 , 1985 prior to the final consideration of
the ordinance.
INTRODUCED, READ, APPROVED ON FIRST READING, AND ORDERED
PUBLISHED BY NUMBER AND TITLE ONLY THIS 16th day of July, 1985 .
CITY OF FORT COLLINS, COLORADO
(CITY) By: ZWIAa� ,� M
(SEAL) Mayor
ATTEST:
Ij A-
. Clerk
The foregoing Ordinance will be presented for final passage
at the Council ' s regular meeting, to be held at Council
Chambers, City Hall , 300 LaPorte Avenue, Fort Collins, Colorado,
on Tuesday, the 6th day of August, 1985, at 6 :30 p.m.
-7-
READ, FINALLY PASSED ON SECOND READING, AND ORDERED
PUBLISHED ONCE BY NUMBER AND TITLE ONLY this 6th day of August,
1985 .
CITY OF FORT COLLINS, COLORADO
(CITY) By. -
(SEAL) Ma r
Attest :
City C1
-8-
Council Member Estrada moved that the foregoing
Ordinance heretofore introduced and read by title be approved on
first reading. Council Member Clarke seconded the motion,
The question being upon the approval on first reading of the
Ordinance, the roll was called with the following results :
Council Members voting "AYE" : Barbara S . Rutstein
Kelly Ohlson
E . John Clarke
Larry Estrada
X(X"X3(1(dX U X X14&V"
John B. Knezovich
Ed Stoner
Council Members voting "NAY" : None
The Mayor thereupon declared that, a majority of the Council
Members 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 by
number and title only together with a statement that the text
thereof is available for public inspection and acquisition in
the office of the City Clerk and a notice giving the date when
the Ordinance will be presented for final passage in The
Coloradoan, a newspaper of general circulation published in the
City, and with a notice of Public Hearing as provided in
Section 9 of the Ordinance at least fourteen ( 14 ) days before
presentation for final passage.
After consideration of other business to come before the
Council, the meeting was adjourned.
Al 4//1?&I-f
Kayor
(CITY) City of Fort Collins, Colorado
(SEAL)
Attest :
City Clerk
City of Fort Collins, Colorado
-9-
STATE OF COLORADO )
COUNTY OF LARIMER ) ss .
CITY OF FORT COLLINS )
The Council of the City of Fort Collins , Colorado, held a
regular meeting at Council Chambers , City Hall , 300 LaPorte
Avenue, Fort Collins , Colorado, on Tuesday, the 6th day of
August, 1985, at the hour of 6 :30 p.m.
The following persons were present :
Council Members : 71GXl�i (XSXXt( (3(�4XXXN�( X ;
Kelly Ohlson, Assistant Mayor
E. John Clarke
Larry Estrada
Gerald C. Horak
John B. Knezovich
Ed Stoner
City Manager : John E. Arnold
Finance Director : James H. Harmon
Deputy City Clerk: Molly J. Davis
City Attorney: John H. Huisjen
The following persons were absent :
Mayor Barbara S. Rutstein
The Mayor informed the Council that Ordinance No . 80 ,
1985, which was introduced, approved on first reading, and
ordered published by number and title only at the regular
meeting of the Council held on July 16, 1985, was duly published
in The Coloradoan, a newspaper of general circulation published
in the City, in its issue of July zl, 1985 .
Council Member Chlson then read said Ordinance by
its title.
Thereupon, Council Member Stoner moved the final
passage of Ordinance No . 80 1985 . Council Member Estraua
seconded the motion, and the question being upon the final
passage of said Ordinance, the roll was called with the
following result :
-10-
Council Members voting "AYE" : XUxWx&XRXXPMxWft
Kelly Ohlson
E. John Clarke
Gerald C. Horak
Larry Estrada
John B. Knezovich
Ed Stoner
Council Members voting "NAY" : None
The Mayor thereupon declared that a majority of the Council
Members present having voted in favor thereof , the motion was
carried and the Ordinance finally passed.
Thereupon the Mayor ordered the 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 seven ( 7) days
after final passage.
After consideration of other business to come before the
Council the meeting was adjourned .
aaj�11-101 Mayor
(CITY)
City of rt Collins , Colorado
(SEAL)
Attest :)240C��
4h� i
Lc City C
City of Fort Collins , Colorado
-11-
STATE OF COLORADO )
COUNTY OF LARIMER ) ss .
CITY OF FORT COLLINS )
I , Wanda M. Krajicek, City Clerk of the City of Fort
Collins, Colorado, do hereby certify that the attached copy of
Ordinance No . 80 , 1985 , 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 , Colorado, at a regular
meeting of thereof , held at Council Chambers, City Hall ,
300 LaPorte Avenue, Fort Collins , Colorado, the regular meeting
place thereof, on Tuesday, the 16th day of July, 1985; that said
Ordinance was finally passed on second reading by the Council at
a regular meeting thereof, held at Council Chambers, City Hall ,
300 LaPorte Avenue, Fort Collins , Colorado, the regular meeting
place thereof , on Tuesday, the 6th day of August , 1985; that a
true copy of said Ordinance has been authenticated by the
signatures of the Mayor of the City and myself as City Clerk
thereof , sealed with the seal of the City, and numbered and
recorded in a book marked "Ordinance Record" kept for that
purpose in my office; and that the Ordinance was duly published
by number and title only together with a statement that the text
thereof was available for public inspection and acquisition in
the office of the City Clerk and a notice giving the date when
the Ordinance would be presented for final passage and a notice
of public hearing and again by number and title only together
with a notice of the final passage thereof in The Coloradoan, a
newspaper of general circulation published in the City, in its
issues of July 21 , 1985, and August 11 , 1985, as evidenced by
the certificates of the publisher attached hereto at pages 13
and 14 . I further certify that the foregoing pages 1 through
11 , inclusive, constitute a true and correct copy of the record
of the proceedings of the Council at its aforesaid regular
meetings , insofar as the proceedings relate to the Ordinance;
that the proceedings were duly had and taken, that the meetings
were duly held; and that the persons were present at the
meetings as therein shown.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal
of the City of Fort Collins, Colorado, this 12thday of August,
1985 .
(CITY) City Clerk
(SEAL) City of Fort Collins , Colorado
Deputy y erk
-12-
STATE OF COLORADO )
COUNTY OF LARIMER ) ss .
CITY OF FORT COLLINS )
(Attach affidavit of publication of Ordinance by number and
title only and statement that text available for public
inspection and acquisition in office of City Clerk and
notice giving date when Ordinance to be presented for final
passage along with a notice of Public Hearing. )
-13-
STATE OF COLORADO )
COUNTY OF LARIMER ) ss .
CITY OF FORT COLLINS )
(Attach affidavit of publication of Ordinance by number and
title only and notice of final passage thereof . )
-14-
ORDINANCE NO . 80 , 1985
AN ORDINANCE AUTHORIZING THE ISSUANCE OF AN
INDUSTRIAL DEVELOPMENT REVENUE BOND
(ENGINEERING PROFESSIONALS, INC . PROJECT) ,
SERIES 1985 , IN A PRINCIPAL AMOUNT NOT TO
EXCEED $460 , 000; AND APPROVING THE FORM AND
AUTHORIZING THE EXECUTION OF CERTAIN
DOCUMENTS RELATING THERETO; APPROVING THE
ISSUANCE AND SALE OF THE BOND; MAKING CERTAIN
DETERMINATIONS WITH RESPECT THERETO;
PROVIDING FOR THE PRINCIPAL AMOUNT, MATURITY
OF, AND INTEREST RATE ON THE BOND; REPEALING
INCONSISTENT ACTIONS; AND ORDERING A PUBLIC
HEARING.
NOTICE IS HEREBY GIVEN THAT THE COUNCIL OF THE CITY OF FORT
COLLINS, COLORADO, WILL HOLD A PUBLIC HEARING AT COUNCIL
CHAMBERS, 300 LAPORTE AVENUE, FORT COLLINS, COLORADO ON
AUGUST 6, 1985, AT THE HOUR OF 6 : 30 P .M. , OR AS SOON THEREAFTER
AS POSSIBLE, ON THE PROPOSED ISSUANCE BY THE CITY OF ITS
INDUSTRIAL DEVELOPMENT REVENUE BOND IN A PRINCIPAL AMOUNT NOT TO
EXCEED $460 , 000 , FOR THE PURPOSE OF FINANCING THE ACQUISITION,
CONSTRUCTION AND INSTALLATION OF AN OFFICE FACILITY CONSTRUCTED
AT TIMBERLINE APARTMENTS P.U.D. , FORT COLLINS , COLORADO 80524,
TO BE OWNED BY JOHN P. CAVANO, JR. AND LEASED BY ENGINEERING
PROFESSIONALS, INC. COUNCIL CHAMBERS ARE ACCESSIBLE TO THE
HANDICAPPED . FOLLOWING THE HEARING THE COUNCIL WILL CONSIDER
AND ACT UPON THE FINAL PASSAGE OF AN ORDINANCE AUTHORIZING THE
FINANCING OF THE PROJECT AND THE ISSUANCE OF THE BOND . ALL
INTERESTED PERSONS ARE INVITED TO ATTEND THE PUBLIC HEARING,
WHICH WILL BE THE ONLY PUBLIC HEARING HELD PRIOR TO THE FINAL
CONSIDERATION OF THE ORDINANCE BY THE CITY AND THE ISSUANCE OF
THE BOND.
-15-
INTRODUCED, READ, APPROVED ON FIRST READING, AND ORDERED
PUBLISHED ONCE BY NUMBER AND TITLE ONLY ALONG WITH A NOTICE OF
PUBLIC HEARING this 16th day of July, 1985 .
CITY OF FORT COLLINS, COLORADO
(CITY) Ma or d �
(SEAL)
ATTEST :
City Clerk
The text of the foregoing Ordinance is available for public
inspection and acquisition in the office of the City Clerk . The
Ordinance will be presented for final passage at the regular
meeting of the Council to be held at Council Chambers , City
Hall , 300 La Porte Avenue, Fort Collins , Colorado, on Tuesday,
the 6th day of August, 1985, at 6 : 30 p.m.
-16-
ORDINANCE NO. 80 , 1985
AN ORDINANCE AUTHORIZING THE ISSUANCE OF AN
INDUSTRIAL DEVELOPMENT REVENUE BOND
(ENGINEERING PROFESSIONALS, INC. PROJECT) ,
SERIES 1985 , IN A PRINCIPAL AMOUNT NOT TO
EXCEED $460 , 000; AND APPROVING THE FORM AND
AUTHORIZING THE EXECUTION OF CERTAIN
DOCUMENTS RELATING THERETO; APPROVING THE
ISSUANCE AND SALE OF THE BOND; MAKING CERTAIN
DETERMINATIONS WITH RESPECT THERETO;
PROVIDING FOR THE PRINCIPAL AMOUNT, MATURITY
OF, AND INTEREST RATE ON THE BOND; REPEALING
INCONSISTENT ACTIONS; AND ORDERING A PUBLIC
HEARING.
READ, ADOPTED ON SECOND READING, AND ORDERED PUBLISHED ONCE
BY NUMBER AND TITLE ONLY this 6th day of August, 1985 .
CITY OF FORT COLLINS, COLORADO
(CITY) Ctct Mayor
(SEAL)
ATTEST:
City C
V c�
-17-
The Coloradoan
STATE OF COLORADO )
COUNTY OF LARIMER )ss. AFFIDAVIT OF PUBLICATION
Suzanne K. Bielke being first duly sworn upon oath, deposes
and says: That said is the Legal Clerk of The Coloradoan;
that said has personal knowledge of all facts set forth in this affidavit; that The Coloradoan
is a public daily newspaper of general circulation, having its principal office and place of
business situated in said County of Larimer; that said Coloradoan is printed and published
daily; that said Coloradoan is a daily newspaper, duly qualified for the purpose set forth
within the meaning of Chapter 109, Article 1, Sections 1-1 to 1-8 inclusive of Colorado
Revised Statutes 1963, and any amendment thereof passed prior to the date hereof; that
said newspaper had,prior to January 1, 1936, and has ever since said date been admitted to
the United States Mails as second class matter under the provisions of the Act of March 3,
1879, and any amendments thereof, that said newspaper is printed in whole in said County
of Larimer and has a general circulation therein; that said newspaper has been so printed
and published as a public daily newspaper of general circulation in said County of Lar-
imer, uninterruptedly and continuously, during the period of more than fifty-two consecu-
tive weeks next prior to the first issue thereof containing the annexed legal notice of
advertisement; that said annexed legal notice or advertisement was published in the
regular and entire editions of said newspaper for
l successive weeks on Sunday _ of each successive week; that the
first publication of said legal notice or advertisement was in the regular and entire edition
of said newspaper on the 21st day of July , A.D. 1985; that the last
publication of said legal notice or advertisement was in the regular and entire edition of
said newspaper on the 91 gt day of JuI y , A.D. 1989, and that
copies of each number of said paper in which said notice or advertisement was published
were delivered by carriers or transmitted by mail to each of the subscribers of said paper,
according to the accustomed mode of business in this office. M-06
Subscribed and sworn to before me, at and within the County of Larimer, State of Colorado
this 21st day of July A.D. 19 85
My commission expires --�
City Clerk i" Notary Public
Delivered to
ORDINANCE NO.00,1985
E
AN ORDINANC AUT OF AN
IZ
ING 'HE ISSUANCE F
INDUSTRIAL DEVELOPMENT
P
REVENUE
BON
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R
ING 1985, IN A
PROJEA I AMOUNT 11
TO
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App pOVING TFITHE ExECU
AUTHOOFLI CERTAIN DOCU-
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ME NTS RELATING ISSUANCE
APPROV E oFETHE B A OND:
AN O CERTAIN DET ERMI
MAKING WITH RESPECT
NATIONS PROVIDING FOR
THERETO: AMOUNT
THE PRINCIPAL INTER I
MATURITY OF
THE BONUS
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REPEALING ORDERING A
gCIONS: AND ,r GIVEN '
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AND TIT ON OF PUBLIC I
WITH A NOTICE of July, 1
HEARING this 161h daY }
O CROgLDO
CITYFFORTCOLLINS. 1
Barbara S.R.111 Ma010
ICITVI
tSEAL1
ATTEST' Kraiicek
Wanda M. prdi 1
Cily ClerK foregoing
In,!1ex1 01 the for puhliC
nance is vai
alable
in5pec11O^and ac4uisilipn 1^Ina
olli<e of the City Clerk.The Ortli
nance will be pre5e nted for final
passage ai the regular Ineetin9 01
The Council 10 be held al Council
Chambers,City H- '300o a Porte
Avenue,Fort Collins,C pf rAu9us1,
TueSdaY, the bin daV
1905,al 6.30 P m M O6. July 21,
The Coloradoan,
1985
a
The Coloradoan
STATE OF COLORADO
)ss. AFFIDAVIT OF PUBLICATION
COUNTY OF LARIMER )
Suzanne K. Bielke
being first duly sworn upon oath, deposes
and says: That said is the Legal Clerk of The Coloradoan;
that said has personal knowledge of all facts set forth in this affidavit; that The Coloradoan
is a public daily newspaper of general circulation, having its principal office and place of
business situated in said County of Larimer; that said Coloradoan is printed and published
daily; that said Coloradoan is a daily newspaper, duly qualified for the purpose set forth
within the meaning of Chapter 109, Article 1, Sections 1-1 to 1-8 inclusive of Colorado
Revised Statutes 1963, and any amendment thereof passed prior to the date hereof; that
said newspaper had,prior to January 1, 1936, and has ever since said date been admitted to
the United States Mails as second class matter under the provisions of the Act of March 3,
1879, and any amendments thereof, that said newspaper is printed in whole in said County
of Larimer and has a general circulation therein; that said newspaper has been so printed
and published as a public daily newspaper of general circulation in said County of Lar-
imer, uninterruptedly and continuously, during the period of more than fifty-two consecu-
tive weeks next pnor to the first issue thereof containing the annexed legal notice of
advertisement; that said annexed legal notice or advertisement was published in the
regular and entire editions of said newspaper for
1 SLccessive weeks on Sunday of each successive week; that the
first publication of said legal notice or advertisement was in the regular and entire edition
of said newspaper on the llth day of August , A.D. 19 85 ; that the last
publication of said legal notice or advertisement was in the regular and entire edition of
said newspaper on the llth day of August , A.D. 19 85, and that
copies of each number of said paper in which said notice or advertisement was published
were delivered by carriers or transmitted by mail to each of the subscribers of said paper,
according to the accustomed mode of business in this office. N-19
r
Subscribgltvd sworn to before me, at and within t�i Cuo�nty of Larimer, State of Colg�ado
this day of , A.D. 19 .
My commission expires
/ Notary Public
City Clerk
Delivered to
NOTICE IS HEREBY GIVEN Ihat
the Fort Collins City Council, on
Tuesday, August 6, 1985, passed
and adopted the following ordi
nances on second reading.
ORDINANCE NO.70, 1985
OF THE COUNCIL OF THE CITY
OF FORT COLLINS AMENDING
THE CODE OF THE CITY OF
FORT COLLINS RELATING TO
THE PROHIBITION OF UNREA
SONABLE NOISE
ORDINANCE NO.71, 1985
OF THE COUNCIL OF THE CITY
OF FORT COLONS AMENDING
THE MASSAGE PARLOR
(THERAPY) CODE OF THE
CITY
ORDINANCE NO.78, 1985
OF THECOUNCILOF THECITY
OF FORT COLLINS APPROPRI
A T I N G PRIOR YEAR
RESERVES IN THE GENERAL
FUND
ORDINANCE NO.79, 1985
AN ORIOINANCE AUTHORIZ
ING THE ISSUANCE OF A
SALES AND USE TAX REVE-
NUE NOTE OF THE CITY OF
FORT COLLINS,COLORADO,IN
A PRINCIPAL AMOUNT NOT TO
EXCEED $7,000,000 AT ANY
TIME, FOR THE PURPOSE OF-
DEFRAYING IN WHOLE OR IN
PART, THE COST OF CON
STRUCTING SOUTH LEMAY
AVENUE BETWEEN HORSE-
TOOTH ROAD AND HARMONY
AND MAKING RELATED
IMPROVEMENTS IN THE
VICINITY THEREOF IN THE
CITY, TOGETHER WITH
OTHER CAPITAL IMPROVE-
H
MENTS DIRECTED BV TE
CITY COUNCIL; PRESCRIBING
THE FORM OF SAID NOTE;
PROVIDING FOR THE PAY
MENT OF THE PRINCIPAL OF
AND INTEREST ON SAID NOTE
FROM THE SALES AND USE
TAX REVENUES OF THE CITY
ANDOTHER SPECIFIED REVE-
NUES; AND PROVIDING
OTHER COVENANTS AND
DETAILS IN CONNECTION
THEREWITH.
i
ORDINANCE NO.80, K65
AN ORDINANCE AUTHORIZING
THE ISSUANCE OF AN INDUS-
TRIAL DEVELOPMENT REVE-
NUE BOND (ENGINEERING
PROFESSIONALS, INC.
PROJECT), SERIES 1985, IN A
PRINCIPAL AMOUNT NOT TO
EXCEED $460,000; AND
APPROVING THE FORM AND
AUTHORIZING THE EXECU-
TION OF CERTAIN DOCU-
MENTS RELATING THERETO;
APPROVING THE ISSUANCE
AND SALE OF THE BOND;
MAKING CERTAIN DETERMII
NATIONS WITH RESPECT
THERETO; PROVIDING FOR
THE PRINCIPAL AMOUNT
MATURITY OF,AND INTEREST
RATEON THE BOND;REPEAL
ING INCONSISTENT ACTIONS;
AND ORDERING A PUBLIC
HEARING.
Molly J. Davis
Deputy City Clerk
The Coloradoan, N-19,August 11,
'rI985.