HomeMy WebLinkAbout102 - 08/05/1986 - PROVIDING FOR THE ISSUANCE OF SPECIAL ASSESSMENT BONDS FOR ARBOR PLAZA SPECIAL IMPROVEMENT DISTRICT ORDINANCE NO. 102 , 1986
AN ORDINANCE CONCERNING THE CITY OF FORT COLLINS,
COLORADO, ARBOR PLAZA SPECIAL IMPROVEMENT DISTRICT
NO. 88 ; RATIFYING ACTION HERETOFORE TAKEN IN CONNECTION
THEREWITH; PROVIDING FOR THE COLLECTION OF SPECIAL
ASSESSMENTS TO BE LEVIED TO DEFRAY THE COSTS OF
IMPROVEMENTS THEREIN; PROVIDING FOR THE ISSUANCE OF
SPECIAL ASSESSMENT BONDS PAYABLE FROM THE ASSESSMENTS
TO BE LEVIED IN SAID DISTRICT; PRESCRIBING DETAILS IN
CONNECTION WITH SAID ASSESSMENTS, BONDS AND DISTRICT,
INCLUDING THE MANNER OF ADDITIONALLY SECURING AND
EFFECTING THE PAYMENT OF SAID BONDS; PRESCRIBING DUTIES
OF CERTAIN PUBLIC OFFICIALS IN CONNECTION WITH SAID
ASSESSMENTS, BONDS AND DISTRICT; REPEALING ALL
ORDINANCES AND OTHER ACTION OF THE CITY TO THE EXTENT
INCONSISTENT HEREWITH; AND PROVIDING OTHER MATTERS
RELATING THERETO.
WHEREAS, the City� of Fort Collins (the "City") , in the
County of Larimer and State of Colorado (the "State") , is a
political subdivision of the State, a body corporate and politic,
and a municipal corporation duly organized and existing as a
home-rule city under Article XX of the State Constitution and the
Charter of the City (the "Charter") ; and
WHEREAS, the City Council (the "Council") of the City,
pursuant to the Charter and Chapter 16 of the Code of the City of
Fort Collins (the "Code") relating to local public improvements
and the financing thereof, has established by Ordinance No. 97,
1986 passed on first reading on July 1, 1986 and on second
reading on July 15, 1986 (the "Ordinance Creating the District") ,
within the corporate limits of the City, a local improvement
district known and designated as the City of Fort Collins,
Colorado, Arbor Plaza Special Improvement District No. 88 (the
-2-
"District") , for the purpose of making certain local street,
water, sanitary sewer and storm drainage improvements and
assessing the cost thereof to the property benefited thereby; and
WHEREAS, pursuant to the Code and the Ordinance
Creating the District, the, City Manager has entered into
agreements with all the property owners in the District (the
"Owners") setting forth the respective rights and
responsibilities of the parties in the formation of the District
and construction, installation and acquisition of the
improvements in the District; and
WHEREAS, pursuant to the Code and the Ordinance
Creating the District, upon completion and acceptance of the
improvements in the District and determination of the final cost
thereof, the Director of Finance will prepare an assessment roll
for the District and after a notice thereof and a hearing
thereupon, assessments shall be levied by ordinance; and
WHEREAS, the City and the officers thereof desire to
sell the special assessment bonds of the District in the
principal amount of $1, 085, 000 (the "Bonds") ; and
WHEREAS, the City has entered into a contract with
Coughlin & Company, Denver, Colorado (the "initial purchaser") ,
to purchase such Bonds for 100% of the principal amount thereof
plus accrued interest to the date of delivery; and
WHEREAS, the City and its officers have determined, and
do hereby determine, with the approval of the Council, that it is
necessary and for the best interests of the City and the District
and the inhabitants thereof that, pursuant to the Charter and the
Code, the City issue and sell the Bonds designated as the "City
of Fort Collins, Colorado, Arbor Plaza Special Improvement
District No. 88 , Special Assessment Bonds, Series 1986" in the
-3-
aggregate principal amount of $1, 085, 000 to the initial purchaser
for 100% of the principal amount thereof, for the purposes of
paying the cost of said local improvements, including all proper
incidental expenses; and
WHEREAS, the Council has further determined, and does
hereby declare, that the payment of the interest on and the
principal of said Bonds shall be additionally secured as provided
by this ordinance pursuant to Article V, Section 20.5 of the
Charter; and
WHEREAS, all such Bonds are herein authorized to be,
and they shall be, issued upon approval by the Council ; and
WHEREAS, due to the foregoing provisions and for other
good and sufficient reasons, the Council has determined, and does
hereby declare, that it is necessary and for the best interests
of the City and the' District and the inhabitants thereof that
this ordinance be adopted and, pursuant to Article II, Section 7
of the Charter, the Council hereby deems it appropriate that said
ordinance be published by title.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF FORT COLLINS:
Section 1. All action (not inconsistent with the
provisions of this ordinance) heretofore taken by the City, the
Council and the officers of the City, directed toward the
creation of the District, the acquisition, construction and
installation of the public improvements therein, the sale and
issuance of its public local improvement special assessment bonds
and the levy of assessments for that purpose hereby is ratified,
approved and confirmed.
-4-
Section 2 . The City hereby is authorized, empowered
and directed, and it shall be its duty, to receive, collect and
enforce the payment of all assessments to be made and levied for
said local improvements, and all installments thereof, all
interest thereon, and all penalties accrued, in the same manner
and at the same time or times as prescribed by the Code, by the
Ordinance Creating the District and by this ordinance, and to pay
and disburse said payments, the installments thereof, the
interest thereon and penalties thereon, to any person or persons
lawfully entitled thereto, subject however to the appointment of
any successor paying agent to disburse said payments as herein
provided.
Section 3 . The Director of Finance hereby is
authorized, empowered and directed, and it shall be his duty, to
receive and collect, at the time and in the manner specified in
the Code, as amended from time to time, the Ordinance Creating
the District and this ordinance, all assessments, the'
installments thereof, the interest thereon and the penalties
accrued, to be levied to defray all of the total cost of the
designated local improvements in the District and to pay and
disburse such payments to the person or persons lawfully entitled
to receive the same (subject to Section 6 hereof) , in accordance
with the laws of the State, with the Charter, and with all the
ordinances and resolutions of said City heretofore or to be
hereafter adopted, including but not limited to the Code, the
Ordinance Creating the District, and this ordinance. All moneys
received from such assessments, except as provided in Section 5
hereof, shall be placed in a separate fund to be designated "City
of Fort Collins, Colorado, Arbor Plaza Special Improvement
District No. 88, Special Assessment Bonds, Series 1986, Interest
and Bond Retirement Fund" (the "Bond Fund") , and said moneys
shall be used for the purpose of paying the principal of and
-5-
interest on the Bonds and for no other purpose whatsoever, and as
security for such payment said fund is hereby exclusively
pledged.
Section 4 . The Director of Finance hereby is
authorized, empowered and directed, and it shall be his duty, to
receive surplus local improvement district moneys pursuant to
Article V, Section 20. 5 (b) of the Charter, and to place all said
moneys in a surplus and deficiency fund heretofore or hereafter
established pursuant thereto (the nSurplus Fund and Deficiency
Funds) and to disburse therefrom said moneys for the payment of
the principal of and interest on the City's local improvement or
special assessment bonds, including the Bonds herein authorized,
to the extent necessary. To the extent permitted by the Charter,
the Director of Finance may also disburse moneys in the Surplus
and Deficiency Fund for other public purposes. The Bonds herein
authorized, together with bonds of other special or local
improvement districts within the City, are and shall continue to
be additionally secured and : their payment shall be supplemented
by the Surplus and Deficiency Fund, which consists of moneys
remaining to the credit of special or local improvement districts
the bonds of which have been paid in full, both principal and
interest; and whenever there is a deficiency in the Bond Fund to
meet the payment of outstanding Bonds herein authorized and
interest due thereon, as the same become due, the deficiency
shall be paid out of the Surplus and Deficiency Fund.
Section 5. Whenever three-fourths of the Bonds
authorized herein to be issued for the District have been paid
and canceled and for any reason the remaining assessments are not
paid in time to redeem the remaining Bonds of the District, and
there is not sufficient money in the Surplus and Deficiency Fund,
the Director of Finance shall be, and he hereby is, authorized,
empowered and directed, and it shall be his duty, to pay on the
City's behalf the remaining Bonds and the interest thereon when
-6-
due. The City shall levy additional ad valorem taxes necessary
therefor and reimburse itself by collecting the unpaid
assessments due the District.
Section 6. For the purpose of defraying the entire
cost and expense of making said improvements, including all such
proper incidental expenses, there shall be issued in the name of
the City, fully registered (i.e. , registered as to both principal
and interest) , special assessment bonds designated "City of Fort
Collins, Colorado, Arbor Plaza Special Improvement District
No. 88, Special Assessment Bonds, Series 1986" in the aggregate
principal amount of $1, 085, 000, consisting of 217 Bonds, numbered
consecutively from R-1 to R-217, both inclusive, in the
denomination of $5, 000 each, dated as of the first day of August,
1986, being payable to the registered owner thereof in regular
numerical order on the first day of December, 2001, and bearing
interest from date until maturity or prior redemption, payable
semiannually' on the first days of June and December in each year,
commencing on the first day of June, 1987, and the Bonds being in
the principal amounts and bearing interest at the rates
hereinbelow designated, as follows:
Bond Interest Rates
Numbers Principal Amounts (Per Annum)
1 - 10 $50, 000 7 0CI%
11 - 21 55, 000 7450%
22 - 33 60, 000 7. 75%
34 - 45 60, 000 3, 00%
46 - 58 65, 000 8.25%
59 - 73 75, 000 3,50%
74 - 89 80, 000 3<75$
90 - 106 85, 000 3, 90%
107 - 125 95, 000 9,00%
126 - 145 100, 000 9 1�
146 - 167 110, 000 0
168 - 191 120, 000
192 - 217 130, 000 —9773$
-7-
both principal and interest being payable in lawful money of the
United States of America. The principal of any Bond shall be
payable to the registered owner as shown on the registration
records kept by the City Clerk of the City of Fort Collins in
Fort Collins, Colorado, as registrar, or her successor (the
"Registrar") , upon maturity or prior redemption thereof and upon
presentation and surrender at the office of the Director of
Finance of the City of Fort Collins in Fort Collins, Colorado, as
paying agent, or his successor (the "Paying Agent") . Payment of
interest on any Bond shall be paid by check or draft mailed by
the Paying Agent, on or before each interest payment date (or, if
such interest payment date is not a business day, on or before
the next succeeding business day) , to the person in whose name
the Bonds are registered at the close of business on the
fifteenth day (whether or not a business day) of the calendar
month next preceding each regularly scheduled interest payment
date (the "Record Date") , at his address as it last appears on
the registration records kept by the Registrar; but any interest
not so timely paid or duly provided for shall cease to be payable
to the person who is the registered owner at the close of
business on the Record Date and shall be payable to the person
who is the registered owner thereof at the close of business on a
special record date (the "Special Record Date") for the payment
of such defaulted interest. Such Special Record Date shall be
fixed by the Paying Agent whenever moneys become available for
payment of the defaulted interest and notice of the Special
Record Date shall be given to the registered owners of the Bonds
not less than ten days prior thereto by first-class mail to each
such registered owner as shown on the Registrar's registration
records on a date selected by the Registrar, stating the date of
the Special Record Date and the date fixed for the payment of
such defaulted interest. If, upon presentation of any Bond at
maturity, payment is not made as therein provided, interest
thereon shall continue at the same rate per annum until the
principal thereof is paid in full.
-8-
If the Registrar or Paying Agent initially appointed
hereunder shall resign, or if the City shall reasonably determine
that the Registrar or Paying Agent has become incapable of
fulfilling his or her duties hereunder, the City may, upon notice
mailed to each registered owner of Bonds at the address last
shown on the registration records, appoint a successor Registrar
or Paying Agent, or both. Every such successor Registrar or
Paying Agent shall be a bank or trust company located in and in
good standing in the State of Colorado and having a capital and
surplus of not less than $5, 000, 000. It shall not be required
that the same institution serve as both Registrar and Paying
Agent hereunder, but the City shall have the right to have the
same institution serve as both Registrar and Paying Agent
hereunder.
The proceeds of the Bonds (other than amounts to be
used to pay interest on the Bonds through December 1, 1989, which
shall be deposited in the Bond Fund) shall be deposited in the
account to be established for the District in the City's Capital
Projects Fund (the 'Capital Projects Fund') , and shall, not
earlier than thirty-one days after the final passage of this
ordinance, be used, unless the Bonds are required to be redeemed
in whole pursuant to the second paragraph of Section 7 hereof, to
pay, or reimburse the Owners for the payment of, the cost and
expense of making said improvements in the District, including
the fees of the initial purchaser and all other proper incidental
costs of making said improvements and issuing the Bonds.
Section 7 . All of the Bonds shall be subject to
redemption prior to maturity, in whole or in part, in regular
numerical order, and at any time, subject to the provisions of
the following sentence, from available funds in the Bond Fund at
the option of the City, without premium or penalty, but with
accrued interest to the redemption date. Whenever there are
available funds in the Bond Fund (excluding proceeds of the Bonds
-9-
deposited therein to pay interest on the Bonds through
December 1, 1989) in excess of the amount needed to make the next
interest payment on the Bonds, it shall be the duty of the
Director of Finance to call in, and the duty of the Paying Agent
to pay, a suitable number of any Bonds outstanding, provided that
the Bond Fund (except for amounts initially deposited therein
from Bond proceeds) shall be depleted at least once a year except
for a reasonable carryover amount not to exceed the greater of
one year's earnings on the Bond Fund or one-twelfth of annual
debt service on the Bonds.
All of the Bonds shall be subject to redemption prior
to maturity, in whole, from proceeds of the Bonds deposited in
the Bond Fund and the account for the District in the Capital
Projects Fund, without premium or penalty, but with accrued
interest to the redemption date, as soon as possible after the
date, not later than thirty days after the final passage of this
ordinance, , that a petition to the Council to reconsider this
ordinance, signed by qualified electors equal in number to at
least ten percent of the total votes cast in the last general
City election, is presented to the Council, as provided by
Article XVII, Section 3 , of the City Charter.
Notice of prior redemption shall be given by the
Director of Finance in the name of the City by mailing a copy of
such notice by registered mail at least fifteen days and not more
than sixty days prior to the designated redemption date to the
initial purchaser and to each registered owner of any Bonds
designated for redemption, at their addresses as the same shall
last appear upon the registration records kept by the Registrar.
Such notice shall specify the number or numbers of the Bonds to
be so redeemed and the date fixed for redemption, and shall
further state that on such date there will become and be due and
payable at the Paying Agent the principal amount of such Bond or
Bonds to be redeemed, with accrued interest to the redemption
-10-
date, and that from and after such date interest on such Bond or
Bonds shall cease. Notice having been given in the manner
hereinabove provided, the Bond or Bonds so to be redeemed shall
become due and payable on the date so designated, and upon
presentation thereof at the Paying Agent, the City will pay the
Bond or Bonds so to be redeemed and accrued interest to such
date.
Section 8 . The Bonds herein authorized to be issued
may be refunded in accordance with and under the conditions
imposed by the laws of the State and the City in force at the
effective date of this ordinance and not otherwise.
Section 9. The person in whose name a Bond shall be
registered on the registration records kept by the Registrar
shall be deemed and regarded as the absolute owner thereof for
all purposes and payment of principal of and interest on any Bond
shall be made only to or upon the written order of the registered
owner thereof or his legal = representative. Upon surrender for
transfer of any Bond, fully endorsed for transfer or accompanied
by an assignment duly executed by the registered owner or his
attorney duly authorized in writing, with signature guarantees
satisfactory to the Registrar, the City shall execute and the
Registrar shall authenticate and deliver in the name of the
transferee a new Bond bearing the same number as the Bond
surrendered. Such transfer shall be noted on such registration
records. Such transfer shall be without charge to the owner of
the Bond, except that the Registrar may require the payment by
the owner of the Bond of any tax or other governmental charge
required to be paid with respect to such transfer. The Registrar
shall not be required to transfer any Bond during the period of
fifteen days next preceding any interest payment date, nor to
transfer any Bond after the mailing of notice calling such Bond
-11-
for redemption as herein provided, nor during the period of
fifteen days next preceding such publication or mailing of notice
of redemption.
Section 10. The Bonds shall be executed in the name of
the City, shall be signed by the manual or facsimile signature of
the Mayor, shall be countersigned by the manual or facsimile
signature of the Director of Finance, shall bear the seal of the
City and shall be attested and subscribed by the manual or
facsimile signature of the City Clerk. The Bonds bearing the
signatures of the officers in office at the time of the
authorization thereof shall be the valid and binding obligations
of the City, notwithstanding that before the delivery thereof and
payment therefor any or all of the persons whose signatures
appear thereon shall have ceased to fill their respective
offices. The Mayor, Director of Finance and City Clerk, at the
time of the execution of a signature certificate relating to the
Bonds by each of said officers, may each adopt as• and for his or
her own signature the signature of his or her predecessor in
office in the event that such signature appears on any of the
Bonds. The City Clerk shall preserve a record of the Bonds in a
suitable book provided and kept for that purpose in her office.
No Bond shall be valid or obligatory for any purposes
unless the Registrar has duly executed the certificate of
authentication thereon. The certificate of authentication shall
be deemed to have been duly executed by the Registrar if manually
signed by the Registrar or, in the case of any successor
registrar, an authorized officer of the successor registrar, but
it shall not be necessary that the same officer sign the
certificate of authentication on all of the Bonds issued
hereunder nor upon all transfers of any one Bond.
-12-
If any Bond shall be lost, stolen, destroyed or
mutilated, the Registrar shall, in accordance with ordinance
No. 80-1984 of the City, and upon receipt of (i) such evidence or
information relating thereto, (ii) a surety bond in the total
amount of principal and interest and (iii) such reimbursement for
expenses as the Registrar may reasonably require, register and
deliver to the registered owner thereof a replacement for such
Bond bearing the same number as the Bond so replaced. If such
lost, stolen, destroyed or mutilated Bond shall have matured, the
Registrar may direct the Paying Agent to pay such Bond in lieu of
replacement.
Section 11. Except as herein stated, the Bonds
authorized by this ordinance and the interest thereon shall be
payable solely from the Bond Fund, consisting only of moneys
collected (principal, interest and penalties, if any) from the
assessments to be levied to pay for the improvements and Bond
proceeds deposited therein to pay interest on the Bonds through
December 1, 1989 ; provided that any proceeds from the sale of the
Bonds remaining in the account for the District in the City's
Capital Projects Fund after the payment or reimbursement to the
City or the Owners of all the costs and expenses of making the
improvements and all proper incidental costs (i) shall be used,
to the extent permitted by law, to construct, install or acquire
additional improvements of a like or similar nature to such
improvements, subject, however, to the conditions that the
property owners in the District consent to the additional
improvements, or (ii) shall be deposited in the Bond Fund and
used for Bond redemption. Any assessments in the Bond Fund
remaining after the Bonds, both principal and interest, are paid
in full, shall be deposited in the Surplus and Deficiency Fund
created by the City Charter and referred to in Section 4 hereof.
Immediately upon the collection of any assessments, the moneys
therefrom shall be deposited in the Bond Fund; and the Bond Fund
is and will continue to be irrevocably and exclusively pledged
-13-
for the payment of the principal of and the interest on the
Bonds. The City, as well as redeeming the Bonds in whole from
Bond proceeds as and under the circumstances described above, or
in part with any such surplus Bond proceeds and with assessments
collected during the thirty days after the publication of the
assessment ordinance following its final passage, shall redeem
the Bonds as herein provided from the remaining assessments
payable in thirteen substantially equal annual installments of
principal, and from annual payments of interest thereon, to the
extent moneys are available therefor in the Bond Fund as herein
provided.
The City hereby covenants for the benefit of each owner
of the Bonds that the total cost of the improvements in the
District shall be apportioned, levied and assessed against
assessable tracts and parcels of land in the District, in
accordance with the Charter, the Code and the Ordinance Creating
the District, by ordinance to be hereafter adopted upon
completion of the improvements in the District.
Section 12 . The Bonds issued pursuant to this
ordinance shall not be a debt of the City, and the City shall not
be liable thereon, nor shall it thereby pledge its full faith and
credit for their payment, nor shall the Bonds be payable out of
any funds other than the special assessments, and other moneys
pledged to the payment thereof, as herein authorized. Each Bond
issued under this ordinance shall recite in substance that said
Bond and the interest thereon are payable solely from the special
assessments and other moneys pledged to the payment thereof. The
payment of Bonds is not secured by an encumbrance, mortgage or
other pledge of property of the City except for such special
assessments and other moneys pledged for the payment of the
Bonds. No property of the City, subject to said exceptions,
shall be liable to be forfeited or taken in payments of the
Bonds.
-14-
Section 13 . The Bonds shall be in substantially the
following form, with such omissions, insertions, endorsements and
variations as to any recitals of fact or other provisions as may
be required by the circumstances, be required or permitted by
this ordinance, or be consistent with this ordinance and
necessary or appropriate to conform to the rules and requirements
of any governmental authority or any usage or requirement of law
with respect thereto.
-15-
(Form of Bond)
UNITED STATES OF AMERICA
STATE OF COLORADO COUNTY OF LARIMER
CITY OF FORT COLLINS, COLORADO
ARBOR PLAZA SPECIAL IMPROVEMENT DISTRICT NO. 88
SPECIAL ASSESSMENT BOND
SERIES 1986
No. R- $5, 000
Interest Rate Maturity Date Dated As Of
December 1, 2001 August 1, 1986
REGISTERED OWNER:
The City of Fort Collins (the "City") , in the County of
Larimer and State of Colorado, a municipal corporation duly
organized and existing, for value received, hereby promises, out
of special funds available for the purpose, as hereinbelow set
forth, to pay to the registered owner hereof, the principal sum
of
FIVE THOUSAND DOLLARS
on the first day of December, 2001 (subject to the right of prior
redemption hereinbelow mentioned) , and to pay from such sources
interest on said principal sum from the most recent interest
payment date to which interest has been paid or duly provided for
or, if no interest has been paid, from the date of this bond, at
the Interest Rate per annum specified above, such interest being
payable semiannually 'on the first days of June and December in
each year commencing on the first day of June, 1987. Both
principal and interest are payable in lawful money of the United
States of America. The principal of this bond shall be payable
-16-
to the registered owner hereof as shown on the registration
records kept for that purpose at the office of the City Clerk of
the City, in Fort Collins, Colorado, as registrar, or her
successor (the "registrar") , upon maturity or prior redemption
and presentation and surrender of this bond at the office of the
Director of Finance of the City, in Fort Collins, Colorado, as
paying agent, or his successor (the "paying agent") under the
ordinance of the City (the "Bond Ordinance") authorizing this
Bond and the series of which this bond is one. The interest
hereon shall be paid to the registered owner hereof by check or
draft mailed by the paying agent, on or before each interest
payment date (or, if such interest payment date is not a business
day, on or before the next succeeding business day) , to such
registered owner at his address as it last appears on the
registration records kept for that purpose by the registrar at
the close of business on the fifteenth day (whether or not a
business day) of the calendar month next preceding such interest
payment date, but any interest payments in default shall be
payable as provided in the Bond Ordinance. If, upon presentation
at maturity, payment of this bond is not made as herein provided,
interest hereon shall continue at the same rate per annum until
the principal hereof is paid in full .
All of the bonds of the series of which this is one are
subject to prior redemption by the City, at its option at any
time, in whole or in part, in regular numerical order, without
premium or penalty but with accrued interest to the redemption
date. All of the bonds shall be subject to redemption prior to
maturity, in whole, from proceeds of the bonds deposited in the
Bond Fund and the account for the District in the City's Capital
Projects Fund, without premium or penalty, but with accrued
interest to the redemption date, as soon as possible after the
date, not later than thirty days after the final passage of the
Bond Ordinance, that a petition to the Council to reconsider the
Bond Ordinance, signed by qualified electors equal in number to
-17-
at least ten percent of the total votes cast in the last general
City election, is presented to the Council, as provided by
Article XVII, Section 3 , of the City Charter. The manner of any
such redemption and the application of funds in connection
therewith shall be as provided in the Bond Ordinance. Redemption
shall be made upon giving prior notice by mailing a copy of such
notice to the registered owners of all bonds at the addresses
shown on the registration records, not less than fifteen days
prior to the redemption date, in the manner and upon the
conditions provided in the Bond Ordinance.
This bond is one of a series of negotiable, special
assessment bonds numbered consecutively from R-1 to R-217, both
inclusive, issued by the City of Fort Collins and payable as
provided in the Bond Ordinance, and which are in the aggregate
principal amount of $1, 085, 000. Said bond series is issued in
payment for local improvements made and to be made in the
CITY OF FORT COLLINS, COLORADO
ARBOR PLAZA SPECIAL IMPROVEMENT DISTRICT NO. 88
(the "District") pursuant to and in accordance with the Charter
of the City, with Chapter 16 of the Code of the City, and in
accordance with the ordinance creating the District and all laws
and proceedings thereunto enabling.
Pursuant to the Bond Ordinance, reference to which is
made for further details, the principal of and the interest on
the bonds of the series of which this is one, except as
hereinabove and hereinbelow stated, shall be payable solely from
a special fund designated "City of Fort Collins, Colorado, Arbor
Plaza Special Improvement District No. 88, Special Assessment
Bonds, Series 1986, Interest and Bond Retirement Fund" (the "Bond
Fund") , consisting only of moneys collected by the City from the
special assessments (principal, interest and penalties, if any)
-18-
to be levied against all the assessable tracts and parcels of
land in the District and proceeds of the bonds deposited therein
to pay interest on the bonds through December 1, 1989 ; provided
that any proceeds from the sale of the bonds remaining after the
payment of all the costs and expenses of making the local
improvements shall be deposited in the Bond Fund and, except as
otherwise provided in the Bond Ordinance, shall be used for bond
redemption. The Bond Fund is irrevocably and exclusively pledged
for the full and prompt payment of all the bonds to the extent
moneys therein are available therefor, as provided in the Bond
Ordinance.
The bonds, together with similar securities of other
special or local improvement districts in the City, shall be
additionally secured and their payment shall be supplemented by
moneys, if any, in the City's Local Improvement District Surplus
and Deficiency Fund (the "Surplus and Deficiency Fund") .
Whenever there is a deficiency in the Bond Fund to meet the
payment of outstanding bonds, principal and interest, as the same
become due, the deficiency shall be made up from the Surplus and
Deficiency Fund.
Whenever three-fourths of the bonds of the series of
which this is one have been paid and canceled and for any reason
the remaining assessments therefor are not paid in time to redeem
the remaining bonds of the District and interest due thereon, and
there is not sufficient money therefor in the Surplus and
Deficiency Fund, then the City shall pay such remaining bonds
when due and interest due thereon, levy additional ad valorem
taxes necessary therefor and reimburse itself by collecting the
unpaid assessments due the District.
The assessments to be levied in the District shall
constitute a lien in the several amounts to be assessed against
each assessable tract or parcel of land assessed from the date of
-19-
the final publication of the assessment ordinance. The lien for
such assessments shall be prior and superior to all other liens,
claims, encumbrances and titles, whether prior in time or not,
and shall constitute such a lien until paid; provided, however:
(a) Any assessment lien is coequal with
the lien for general (ad valorem) taxes but
is subject to extinguishment (unless
redeemed) by the sale of any property on
account of the nonpayment of general taxes;
(b) Any assessment lien on any tract or
parcel of land is prior and superior to any
assessment lien thereon subsequently levied;
and
(c) Any assessment lien is possibly
coequal with some liens imposed by the State
of Colorado or any subdivision thereof and
may be subordinate to certain liens and
claims in favor of the United States of
America or any agency or instrumentality
thereof.
It is hereby certified, recited and declared that the
bonds are issued by approval of the City Council ; and that the
principal amount of the bonds does not exceed the amount
authorized by law to be issued.
It is hereby also certified, recited and declared that
the proceedings taken to date with reference to issuing the bonds
and making such public local improvements have been regularly had
and taken in compliance with law; that all prerequisites to
issuing the bonds have been performed; and that all acts,
-20-
conditions and things essential to the validity of this bond
exist, have happened and have been done in due time, form and
manner as required by law.
This bond is transferable (subject to certain terms and
conditions set forth in the Bond Ordinance) by the registered
owner hereof in person or by his duly authorized attorney on the
registration records kept at the office of the registrar upon
presentation of this bond together with a duly executed written
instrument of transfer satisfactory to the registrar. Upon such
transfer, a new bond of the same principal amount and bearing the
same number will be issued to the transferee in exchange herefor.
The City, the registrar and the paying agent may deem and treat
the person in whose name this bond is registered as the absolute
owner hereof, whether or not this bond shall be overdue, for the
purpose of receiving payment and for all other purposes.
This bond shall not - be valid or obligatory for any
purpose until the . registrar shall have manually signed the
certificate of authentication hereon.
-21-
IN TESTIMONY WHEREOF, the City Council of the City of
Fort Collins has caused this bond to be executed in the name of
and on behalf of the City and to bear the manual or facsimile
signature of the Mayor of the City, to be countersigned with the
manual or facsimile signature of the Interim Director of Finance,
to bear the seal of the City and to be attested by the manual or
facsimile signature of the City Clerk, all as of the first day of
August, 1986.
Signed:
(Manual or Facsimile Signature)
Mayor
Countersigned:
(Manual or Facsimile Signature)
Interim Director of Finance
(SEAL]
Attest:
(Manual or Facsimile Signature)
City Clerk
(End of Form of Bond)
-22-
(Form of Certificate of Authentication)
REGISTRATION DATE:
This is one of the bonds described in the within-
mentioned Bond Ordinance, and this bond has been duly registered
on the registration records kept by the undersigned as Registrar
for the bond.
By
City Clerk
City of Fort Collins,
Colorado
(End of Form of Certificate of Authentication)
-23-
(Form of Assignment Provision)
ASSIGNMENT PROVISION
For value received, hereby assigns
and transfers unto the within bond and hereby
irrevocably constitutes attorney, to transfer
the same on the records of the registrar, with full power of
substitution in the premises.
Dated:
The signature affixed to the above assignment is
guaranteed as that of the assignor designated above.
By:
Title:
(End of Form of Assignment Provision)
-24-
Section 14 . When the Bonds have been duly sold,
executed and registered, the Director of Finance shall deliver
them to the initial purchaser on receipt of the purchase price.
The funds realized from the sale of the Bonds, and investment
income therefrom, shall be deposited as hereinabove provided and
applied solely to defray the costs and expenses of making the
improvements, the cost of which improvements is to be ultimately
defrayed by special assessments; provided, that after said costs
and expenses are paid, any funds remaining in the account
established for the District in the City's Capital Projects Fund
from the sale of the Bonds or investment income therefrom shall,
except as otherwise provided herein, be deposited in the Bond
Fund and used for the purpose of redeeming Bonds; and provided
further, that $ 263,000 of the proceeds of the Bonds shall be
deposited into the Bond Fund and shall be used to pay the
interest on the Bonds through December 1, 1989. The initial
purchaser of the Bonds, however, shall in no manner be
responsible for the application by the City, or any of its
officers, of any of the funds derived from the sale thereof.
There is hereby appropriated the sum of $1, 085, 000 for the
payment of capitalized interest, the construction of the local
improvements and payment of associated costs.
Section 15. So long as any of the Bonds remain
outstanding, the City will keep or cause to be kept true and
accurate books, records and accounts showing full and true
entries covering the collection and disposition of said special
assessments as well as any delinquencies in the collection
thereof, covering deposits and disbursements in each of said
special funds herein designated, covering the redemption of
Bonds, both principal and interest, and covering disbursements to
defray the cost of the improvements, including incidental
expenses; and the City will permit an inspection and examination
of all books, records and accounts at all reasonable times by a
representative of the initial purchaser of the Bonds and a
-25-
representative of the owner of any property in the District. In
addition, the City at least once a year will cause, at its
regular annual audit, an audit to be made relating to said books,
records and accounts by a certified public accountant to be
employed by the City at its own expense, and a copy of said audit
immediately after its completion will be furnished by the City,
without charge, to the initial purchaser and, upon request, to
any property owners in the District.
Section 16. The officers of the City hereby are
authorized and directed to take all action necessary or
appropriate to effectuate the provisions of this ordinance,
including, without limiting the generality of the foregoing, the
printing of the Bonds, including thereon, if requested, a
certified true copy of Bond counsel 's approving opinion, and the
execution of such certificates as may reasonably be required by
the initial purchaser thereof, relating, inter alia, to the
execution of the Bonds, the tenure and identity of the municipal
officials, the absence and existence of factors affecting the
exemption of interest on the Bonds from federal and state income
taxation, the accuracy of property descriptions, the delivery of
the Bonds and the absence of litigation pending or threatened
affecting the validity of the Bonds, if such is in accordance
with the facts.
Section 17 . Any registered owner of any one or more of
the Bonds may, either at law or in equity, by suit, action,
mandamus or other appropriate proceedings in any court of
competent jurisdiction, protect the liens created by this
ordinance on the proceeds of said assessments and the moneys in
each of said special funds, and may by suit, action, mandamus or
other appropriate proceedings enforce and compel the performance
of any duty imposed upon the City by the provisions of this
ordinance, or any ordinance heretofore or hereafter adopted
concerning the District, including, without limiting the
-26-
generality of the foregoing, the segregation of special
assessments and taxes, proceeds and revenues for said funds, the
proper application thereof, and the appointment of a receiver.
Section 18. The City covenants for the benefit of the
owners of the Bonds that it will not make any use of the proceeds
of the Bonds, any funds reasonably expected to be used to pay the
principal of or interest on the Bonds, or any other funds of the
City, and will not make any use of the facilities financed with
the proceeds of the Bonds, which would cause the interest on the
Bonds to become subject to federal income taxation under present
federal law, and that it will not take any action or omit to take
any action with respect to the Bonds, the proceeds thereof or the
facilities financed thereby if such action or omission would
cause the interest on the Bonds to become subject to federal
income taxation under present federal law. This covenant
requires the City to comply with the provisions of Section 103 of
the Internal Revenue Code of 1954,, as amended to the date of
delivery of the Bonds.
The City covenants for the benefit of the registered
owners of the Bonds that it will take all steps necessary to
comply with those requirements applicable to the Bonds imposed
under (i) H.R. 3838, 99th Congress, ist Session, passed by the
House of Representatives of the United States on December 17 ,
1985, (the "House Bill~) to the extent necessary to maintain the
exemption of interest on the Bonds from federal income taxation
under the House Bill in its form as of the date of delivery of
the Bonds (except the minimum tax imposed on certain insurance
companies by Section 1023 of the House Bill) and (ii) H.R. 3838
as passed by the Senate on June 24 , 1986, with an amendment in
the nature of a substitute (the "Senate Billy) to the extent
necessary to maintain the exemption of interest on the Bonds from
federal income taxation under the Senate Bill in its form as of
-27-
the date of delivery of the Bonds (except the alternative minimum
tax imposed on certain corporations by Section 1101 of the Senate
Bill) ; provided however, that this does not require the City:
(1) to comply with those requirements
of the House Bill for which a postponed
effective date is endorsed in the Joint
Statement by the chairmen and ranking members
of the House Committee on Ways and Means and
Senate Committee of Finance and Secretary of
the Treasury on the Effective Dates of
Pending Tax Reform Legislation, released on
March 14, 1986, as modified by the Joint
Statement of the chairmen of the House
Committee on Ways and Means and the Senate
Committee on Finance and Secretary of the
Treasury released on July 17, 1986 (as so
modified, the NJoint Statement~) , or
(2) to comply with any other
requirement of the House Bill or Senate Bill
in the event that compliance with that
requirement ceases to be necessary (because
of a change in the effective date applicable
to that requirement, or because of a
substantive change in the provisions of the
House Bill or Senate Bill imposing that
requirement) in order to maintain the
exemption of the interest on the Bonds from
federal income taxation under the House Bill
or the Senate Bill or any combination thereof
that is enacted into law (except the minimum
tax imposed by Section 1023 of the House Bill
and the corporate minimum tax imposed by
Section 1101 of the Senate Bill) .
-28-
The City further covenants, represents and warrants
that the proceeds of the Bonds will be used in such a manner that
the Bonds will be bonds to which the Joint Statement's
endorsement of a postponement of the effective date of certain
provisions of the House Bill applies.
Section 19. This ordinance may be amended or
supplemented by an ordinance or ordinances adopted by the Council
in accordance with the Charter and Code of the City, as amended,
and without the receipt by the City of any additional
consideration, with the written consent of the registered owners
of seventy-five percent (75%) of the Bonds authorized by this
ordinance and outstanding at the time of the adoption of such
amendatory or supplemental ordinance; provided, however, that no
such ordinance shall have the effect of permitting:
(1) An extension of the maturity of any
Bond authorized by this ordinance; or
(2) A reduction in the principal amount
of any Bond or the rate of interest thereon
without the written consent of the registered
owner of said Bond; or
(3) The creation of a lien upon or a
pledge of property, revenues or funds,
ranking prior to the liens or pledges created
by this ordinance; or
(4) A reduction of the principal amount
of Bonds required for consent of such
amendatory or supplemental ordinance.
-29-
Section 20. After the Bonds have been issued, this
ordinance shall constitute a contract between the City and the
registered owner or owners of the Bonds, and shall be and remain
irrepealable until the Bonds and the interest accruing thereon
shall have been fully paid, satisfied and discharged.
Section 21. If any section, paragraph, clause or
provision of this ordinance shall for any reason be held to be
invalid or unenforceable, the invalidity or unenforceability of
such section, paragraph, clause or provision shall not affect any
of the remaining provisions of this ordinance.
Section 22 . All acts, orders, resolutions and
ordinances, and parts thereof, in conflict with this ordinance
hereby are rescinded; provided, that, to the extent that any
provision of this ordinance might be deemed inconsistent with any
provision of the Code or the ordinance creating the District,
this ordinance shall supersede any such inconsistent provision
only to the extent of such inconsistency.
Section 23 . The published title of the subject matter
of this ordinance shall be in substantially the following form,
and the publication made before final passage of this ordinance
shall additionally include the notice substantially as set forth
in Section 24 of this ordinance:
-30-
(Form of Published Title)
ORDINANCE NO. , 1986
AN ORDINANCE CONCERNING THE CITY OF FORT COLLINS,
COLORADO, ARBOR PLAZA SPECIAL IMPROVEMENT DISTRICT
NO. 88 ; RATIFYING ACTION HERETOFORE TAKEN IN CONNECTION
THEREWITH; PROVIDING FOR THE COLLECTION OF SPECIAL
ASSESSMENTS TO BE LEVIED TO DEFRAY THE COSTS OF
IMPROVEMENTS THEREIN; PROVIDING FOR THE ISSUANCE OF
SPECIAL ASSESSMENT BONDS PAYABLE FROM THE ASSESSMENTS TO
BE LEVIED IN SAID DISTRICT; PRESCRIBING DETAILS IN
CONNECTION WITH SAID ASSESSMENTS, BONDS AND DISTRICT,
INCLUDING THE MANNER OF ADDITIONALLY SECURING AND
EFFECTING THE PAYMENT OF SAID BONDS; PRESCRIBING DUTIES
OF CERTAIN PUBLIC OFFICIALS IN CONNECTION WITH SAID
ASSESSMENTS, BONDS AND DISTRICT; REPEALING ALL
ORDINANCES AND OTHER ACTION OF THE CITY TO THE EXTENT
INCONSISTENT HEREWITH; , AND PROVIDING OTHER MATTERS
RELATING THERETO.
PUBLIC NOTICE IS HEREBY GIVEN that the above-entitled
ordinance of the City of Fort Collins was introduced and
considered favorably on * reading on , 1986.
The text of the ordinance is available for public
inspection and acquisition at the office of the City Clerk at
300 West La Porte Avenue, in Fort Collins, Colorado, during
normal office hours.
-31-
BY ORDER OF THE COUNCIL OF THE CITY OF FORT COLLINS
dated this , 1986.
/s/ Wanda Krajicek
City Clerk
* insert first or second, as appropriate
(End of Form of Published Title)
-32-
Section 24 . There shall be added to said title as
published before final passage, the following paragraph:
"The Council will consider said ordinance for
final passage at the Council Chambers,
300 West La Porte, in the City, on August 5,
1986, being not earlier than seven days after
the first publication of the title of said
ordinance, at the hour of 6: 30 p.m. "
Section 25. Immediately upon its final passage, this
ordinance shall be recorded in the book of ordinances of the City
kept for that purpose, authenticated by the signatures of the
Mayor and of the City Clerk, and within five days after final
passage, shall be published by title and number in The
Coloradoan, a newspaper published and of general circulation in
the City; and this ordinance shall be in full force and effect
ten days. after such final passage.
INTRODUCED, CONSIDERED FAVORABLY ON FIRST READING on
July 15, 1986 and to be presented for final passage on August 5,
1986.
00
Mayor
[SEAL]
Attest:
City C1 rk
Passed and adopted on final reading this 5th day of August, A. D.
1986.
Mayor
City Cle�4: -33-