HomeMy WebLinkAbout136 - 10/07/1986 - AUTHORIZING THE ISSUANCE OF HORSETOOTH ROAD SPECIAL IMPROVEMENT DISTRICT NO. 83, SPECIAL ASSESSMENT ORDINANCE NO. 1369 1986
AN ORDINANCE AUTHORIZING THE ISSUANCE OF A CITY OF
FORT COLLINS, COLORADO, HORSETOOTH ROAD SPECIAL
IMPROVEMENT DISTRICT NO. 83 , SPECIAL ASSESSMENT
BONDS, DATED NOVEMBER 1, 1986, IN THE PRINCIPAL
AMOUNT OF $610,000; PRESCRIBING THE FORM OF THE
BONDS; AND PROVIDING FOR THE PAYMENT OF THE BONDS
AND THE INTEREST THEREON.
WHEREAS, the Council (the "Council" ) of the City of
Fort Collins, Colorado (the "City" ) , has, pursuant to Ordinance
No. 73, 1984, which was introduced, considered favorably on first
reading and ordered published by the Council on June 5, 1984, and
passed and adopted on final reading by the Council on August 21,
1984 (the "Formation Ordinance" ) , created Horsetooth Road Special
Improvement District No. 83 (the "District" ) and authorized the
acquisition, construction and installation of street, curb and
gutter, sidewalk, storm drainage and landscaping improvements
(the "Improvements" ) therein, all in accordance with the Charter
of the City (the "Charter" ) and Chapter 16 of the Code of the
City (the "Code" ) ; and
WHEREAS, the Improvements have been acquired,
constructed and installed as set forth in the Formation Ordinance
and more fully set forth in the map and the plans and
specifications submitted by the City' s Director of Public Work
for the District and were finally accepted and approved by
Resolution 84-118, adopted by the City Council on August 21,
1984, the Formation Ordinance, Resolution 84-118 and the related
map and plans and specifications for the District being hereby
incorporated herein by reference; and
WHEREAS, the Improvements are substantially complete,
the costs of acquiring, constructing and installing the
Improvements having been paid from City funds temporarily
available for the purpose, and necessary to be reimbursed to the
City; and
WHEREAS. the acquisition, construction and installation
of the Improvements in the District have and will confer general
benefits on the City and special benefits on the assessable
property within the District; and
WHEREAS, the Council has determined that the portion of
the cost of the acquisition, construction, installation and
financing of the Improvements to be assessed against the property
within the District will not exceed $610,000 and that special
assessment bonds of the City for the District should be issued in
the amount of $610,000; and
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WHEREAS, a proposal for the purchase of the Bonds as
defined in Section 1 hereof on terms favorable to the City has
been received from First Interstate Bank of Fort Collins, N.A. ,
Denver, Colorado (the "Purchaser" ) , which the Council has
determined, and does hereby determine, to accept; and
WHEREAS, it is necessary to authorize the issuance of
the Bonds and to provide for the repayment thereof.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, COLORADO, AS FOLLOWS:
1 . In order to reimburse the City for the payment of
the cost of acquiring, constructing and installing the
Improvements within the District, together with all necessary and
incidental costs and expenses permitted by the Charter and the
Code, the City shall issue its Horsetooth Road Special
Improvement District No. 83, Special Assessment Bonds, dated
November 1, 1986, in the aggregate principal amount of $610,000
(the "Bonds" ) consisting of 13 fully registered bonds numbered
consecutively from 1 to 13, inclusive, in the denomination of
$40,000 each and 2 fully registered bonds numbered consecutively
14 and 15, inclusive, in the denomination of $45,000 each. The
principal balance of each of the Bonds (the "Principal Balance" )
at any time and from time to time shall be the stated principal
amount thereof less the aggregate amount of installments paid
thereon by the City representing redemptions or prepayments of
principal ( "Principal Installments" ) in accordance with the terms
hereof and the stated terms of the Bonds. Principal Installments
shall be in the amount of $5,000 or any integral multiple
thereof. The Bonds shall mature on November 1, 2001, and shall
bear interest as herein set forth.
2 . The Principal Balance of each of the Bonds from
time to time shall bear interest from November 1, 1986, to
November 1, 2001, except if redeemed or prepaid prior thereto, at
the following per annum rates:
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Per Annum
Bonds Numbered Interest Rates
1 6. 15%
2 6. 65
3 7.05
4 7.35
5 7. 65
6 7.95
7 8. 15
8 8.35
9 8.55
10 8. 75
11 8. 85
12 8.95
13 9 .05
14 9 . 15
15 9 .20
Interest on the Principal Balance of each of the Bonds shall be
payable May 1, 1987, and semiannually thereafter on the 1st day
of May and the lot day of November of each year. If upon
presentation at maturity the remaining Principal Balance of the
Bonds is not paid as provided herein, interest shall continue
thereon at the same interest rate until the Principal Balance of
each of the Bonds is paid in full.
3 . The maximum net effective interest rate for the
Bonds is 10%. The actual net effective interest rate on the
Bonds is 8.87%.
4. The principal of and interest on the Bonds shall
be payable in lawful money of the United States of America to the
registered owners of the Bonds by the Finance Director of the
City, who is hereby designated the paying agent for the Bonds.
The Principal Balance of each of the Bonds remaining at maturity
or upon prior redemption or prepayment in full and the final
interest payment due on the Principal Balance of each of the
Bonds at such time shall be paid to the registered owners of the
Bonds upon presentation and surrender of the Bond at maturity or
upon prior redemption or prepayment in full . Except as
heretofore and hereinafter provided, the interest and any
Principal Installment for any Bond other than the final Principal
Installment for any Bond paid at maturity or upon prior
redemption or prepayment in full shall be paid to the registered
owner of each Bond determined as of the close of business on the
regular record date, which, in the case of an interest payment,
shall be the fifteenth (15th) day of the calendar month next
preceding the interest payment date, and, in the case of the
payment of a Principal Installment, shall be the fifteenth (15th)
day next preceding the date of payment of such Principal
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Installment, irrespective of any transfer of ownership of the
Bond subsequent to the regular record date and prior to such
interest payment date or Principal Installment date as the case
may be, by check or draft mailed to such registered owner at the
address appearing on the registration books of the City
maintained by the City Clerk as registrar. Any interest not paid
when due and any interest accruing after maturity shall be paid
to the registered owner of each Bond entitled to receive such
interest determined as of the close of business on the special
record date, which shall be fixed by the City for such purpose,
irrespective of any transfer of ownership of each Bond subsequent
to such special record date and prior to the date fixed by the
City for the payment of such interest, by check or draft mailed
as aforesaid. Notice of the special record date and of the date
fixed for the payment of such interest shall be given by sending
a copy thereof by first-class, postage prepaid mail, at least ten
(10) days prior to the special record date, to the registered
owner of each Bond upon which interest will be paid determined as
of the close of business on the day preceding such mailing at the
address appearing on the registration books of the City.
If the registrar or paying agent initially appointed
hereunder shall resign, or if the City shall reasonably determine
that said registrar or paying agent has become incapable of
fulfilling his or her duties hereunder, the City may, upon notice
mailed to the registered owner of each Bond at the address last
shown on the registration books, 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 bond 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.
5. The Principal Balance of each Bond shall be
subject to redemption or prepayment of principal prior to
maturity on each November 1 in Principal Installments of $5,000
or any integral multiple thereof at a price equal to the
principal portion of each Bond to be so redeemed or prepaid plus
accrued interest on the outstanding Principal Balance of such
Bond or Bonds on such redemption or prepayment date, with no
premium, as follows: from the moneys deposited in the Horsetooth
Road Special Improvement District No. 83, Special Assessment
Bond, Bond and Interest Fund (the "Bond Fund" ) created in Section
11 hereof, the Finance Director shall call in and pay an
aggregate principal amount of Principal Installments on the Bonds
outstanding which is approximately equal to all amounts deposited
to the Bond Fund on or before each September 1 less the amount
necessary to pay interest on the outstanding Bonds due on the
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next subsequent interest payment date and which will provide for
the payment of Principal Installments on the Bonds in $5,000
denominations. Notice of any proposed redemption or prepayment
of any portion of the Principal Balance of any Bond shall be
given by the Finance Director by mailing a copy thereof by
first-class, postage prepaid mail, at least thirty (30) days and
not more than sixty (60) days prior to the designated redemption
or prepayment date to the registered owners of each of the Bonds
being so redeemed or prepaid in whole or in part at their
addresses as the same shall last appear on the registration books
of the City. Said notice shall specify the number of each Bond
to be so prepaid or redeemed in any Principal Installment amount
and the amount of such Principal Installment to be so prepaid or
redeemed, i .e. the amount of the related Principal Installment
for each Bond identified by its number. Bonds or any portion of
such Bonds so called for redemption or prepayment shall be
redeemed or prepaid in regular numerical order. If any amount of
the Principal Balance of any Bond shall have been duly called for
redemption or prepayment, then such amounts (the Principal
Installment amount) shall become due and payable upon such
redemption or prepayment date, and from and after such date
interest shall cease to accrue thereon. For the purposes of this
Section, each Principal Installment paid to reduce the Principal
Balance of any Bond is comparable to the payment of "a suitable
number of district bonds" as described in Section 16-29 of the
Code in the case in which a series of special assessment bonds in
$5,000 denominations are issued by the City to finance the cost
of any improvements in a City special improvement district.
6. The Bonds shall be executed in the name and on
behalf of the City with the manual signature of the Mayor of the
City, shall bear the seal of the City, shall be attested by the
manual signature of the City Clerk of the City, and shall be
countersigned with the manual signature of the Finance Director
of the City. Should any officer whose signature appears on the
Bonds cease to be such officer before delivery of the Bonds to
the Purchaser, such signature shall nevertheless be valid and
sufficient for all purposes.
7. Upon execution and prior to delivery the Bonds
shall be registered for the purpose of payment of principal and
interest in the office of the City Clerk as registrar.
Thereafter, the Bonds shall be transferable only upon the
registration books of the City at the office of the City Clerk by
the registered owner thereof or by his, her or its duly
authorized attorney-in-fact or legal representative. The City
Clerk shall accept a Bond for registration or transfer only if
the registered owner is to be an individual, a corporation, a
partnership, or a trust. Bonds may be transferred upon surrender
of the Bonds together with written instruments of transfer duly
executed by the registered owners or their duly authorized
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attorneys-in-fact or legal representatives with guaranty of
signatures satisfactory to the City Clerk, containing written
instructions as to the details of the transfer of such Bonds,
along with the social security numbers or federal employer
identification numbers of such transferees and, if such
transferee is a trust, the names and social security numbers of
the settlors and the beneficiaries of the trust. Transfers shall
be made without charge, except that the City Clerk may require
payment of a sum sufficient to defray any tax or other
governmental charge that may hereafter be imposed in connection
with any transfer of Bonds. No registration of any Bond shall be
effective until entered on the registration books. Concurrently
with the entry of the required information on the registration
books the City Clerk shall enter the required information on the
registration panel pertaining to each Bond. The City Clerk shall
not be required to transfer ownership of any Bond during the
fifteen (15) days next preceding any interest payment date nor to
transfer any Bond after mailing any notice of redemption or
prepayment as herein provided nor during the fifteen (15) days
next preceding such mailing of any notice of redemption or
prepayment. The City may deem and treat the person in whose name
any Bond is last registered upon the books of the City as the
absolute owner thereof for the purpose of receiving payment of
the principal of and interest on any Bond and for all other
purposes, and all such payments so made to such person or upon
his order shall be valid and effective to satisfy and discharge
the liability of the City upon such Bond to the extent of the sum
or sums so paid, and the City shall not be affected by any notice
to the contrary.
8. If the Bond shall have been lost, destroyed or
wrongfully taken, the City shall provide for the replacement
thereof in the manner set forth and upon receipt of the evidence,
indemnity bond and reimbursement for expenses provided in
Ordinance No. 80, 1984, adopted by the Council on July 17, 1984.
9. The Bond and the registration panel and schedule
of Principal Installments pertaining thereto shall be in
substantially the following form:
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[Form of Bond]
UNITED STATES OF AMERICA
STATE OF COLORADO COUNTY OF LARIMER
CITY OF FORT COLLINS
HORSETOOTH ROAD SPECIAL IMPROVEMENT DISTRICT NO. 83
SPECIAL ASSESSMENT BOND
No. R-1 $[40,000] [45,000]
The City of Fort Collins, in the County of Larimer and
State of Colorado, for value received, hereby promises to pay to
the registered owner hereof whose name, address, and
identification number appear on the registration panel attached
hereto, solely out of the special funds hereinafter described,
but not otherwise, the principal sum of
[FORTY] [FORTY-FIVE] THOUSAND DOLLARS
or so much thereof as remains unpaid from time to time (the
"Principal Balance" ) in lawful money of the United States of
America, on the 1st day of November, , and likewise to pay
interest on the Principal Balance hereof from the date hereof to
the maturity date hereof, at the rate of and
hundredths per cent (_.�) per annum, payable May 1, 1987, and
semiannually thereafter on the 1st day of May and the 1st day of
November of each year. If upon presentation at maturity the
remaining Principal Balance of this Bond is not paid as provided
herein, interest shall continue on the Principal Balance at the
same interest rate until the Principal Balance hereof is paid in
full . The principal of and interest on this Bond are payable to
the registered owner hereof by the Finance Director of the City
or a successor paying agent. The Principal Balance of this Bond
remaining at maturity or upon final redemption or prepayment in
full and the final interest payment due on this Bond shall be
paid to the registered owner hereof upon presentation and
surrender of this Bond at maturity or upon final redemption or
prepayment in full . Except as heretofore and hereinafter
provided, the interest and any installment paid hereon by the
City representing redemptions or prepayment of principal on this
Bond ( "Principal Installments" ) other than the final Principal
Installment paid at maturity or upon final redemption or
prepayment in full are payable to the registered owner hereof
determined as of the close of business on the regular record
date, which, in the case of an interest payment, shall be the
fifteenth ( 15th) day of the calendar month next preceding the
interest payment date, and, in the case of the payment of a
D7550 8 09/10/86
Principal Installment shall be the fifteenth ( 15th) day next
preceding the date of payment of such Principal Installment
irrespective of any transfer of ownership hereof subsequent to
the regular record date and prior to such interest payment date
or Principal Installment as the case may be, by check or draft
mailed to such registered owner at the address appearing on the
registration books of the City maintained by the City Clerk as
registrar or by a successor registrar. Any interest hereon not
paid when due and any interest hereon accruing after maturity is
payable to the registered owner of this Bond determined as of the
close of business on the special record date, which is to be
fixed by the City for such purpose, irrespective of any transfer
of ownership of the Bond subsequent to such special record date
and prior to the date fixed by the City for the payment of such
interest, by check or draft mailed as aforesaid. Notice of the
special record date and of the date fixed for the payment of such
interest shall be given by sending a copy thereof by first-class,
postage prepaid mail, at least ten (10) days prior to the special
record date, to the registered owner of this Bond determined as
of the close of business on the day preceding such mailing at the
address appearing on the registration books of the City.
The Principal Balance of the Bonds of the issue are
subject to redemption or prepayment prior to maturity on each
November 1 in Principal Installments of $5, 000 or any integral
multiple thereof at a price equal to the principal portion of
this Bond to be so redeemed or prepaid plus accrued interest on
the outstanding Principal Balance of this Bond on such redemption
or prepayment date, with no premium, as follows: from the moneys
deposited in the Horsetooth Road Special Improvement District
No. 83, Special Assessment Bond, Bond and Interest Fund
hereinafter described, the Finance Director of the City or his
successor is to call in and pay an aggregate principal amount of
Principal Installments on the Bonds outstanding which is
approximately equal to all amounts deposited to the Bond Fund on
or before each September 1 less the amount necessary to pay
interest on the outstanding Bonds due on the next subsequent
interest payment date and which will provide for the payment of
Principal Installments on the Bonds in $5,000 denominations as
set forth in the Ordinance authorizing the issuance of this Bond.
Notice of any proposed redemption or prepayment of any portion of
the Principal Balance of any Bond is to be given by the Finance
Director by mailing a copy thereof by first-class, postage
prepaid mail, at least thirty (30) days and not more than sixty
(60) days prior to the designated redemption or prepayment date,
to the registered owners of each of the Bonds being so redeemed
or prepaid in whole or in part at their addresses as the same
shall last appear on the registration books of the City. If any
amount of the Principal Balance of this Bond shall have been duly
called for redemption or prepayment, such amount is to become due
and payable upon such redemption or prepayment date, and from and
after such date interest shall cease to accrue thereon.
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This Bond is one of a series of special assessment
bonds in the aggregate principal amount of $610,000 issued for
the purpose of immediately reimbursing the City for the costs of
acquiring, constructing, installing and financing street, curb
and gutter, sidewalk, storm drainage and landscaping improvements
in and for Horsetooth Road Special Improvement District No. 83 by
virtue of and in full conformity with the Constitution of the
State of Colorado, the home rule Charter of the City, and Chapter
16 of the Code of the City and pursuant to and under the
authority of an Ordinance duly adopted by the Council of the City
prior to the issuance of this Bond.
This Bond is not, and is not to be considered or taken
to be, a general obligation or indebtedness of the City within
the meaning of any requirement of or limitation imposed by law.
This Bond and the interest hereon are payable solely
from, and as security for such payment there is exclusively
pledged, a special fund designated as the Horsetooth Road Special
Improvement District No. 83, Special Assessment Bond, Bond and
Interest Fund, into which there is initially to be deposited the
accrued interest on the Bonds and into which there shall
thereafter be deposited moneys collected on account of
assessments hereafter to be levied against the property within
Horsetooth Road Special Improvement District No. 83 and specially
benefited by the acquisition, construction and installation of
the improvements therein.
Bonds of this issue, together with bonds of other
special or local improvement districts of the City, are
additionally secured by moneys deposited in the special Surplus
and Deficiency Fund of the City. Whenever there is a deficiency
in the Bond and Interest Fund for the payment of the principal of
or interest on this Bond, the deficiency is to be paid by
transferring moneys from the special Surplus and Deficiency Fund
to the Bond and Interest Fund. The Ordinance authorizing the
issuance of this Bond provides that whenever three-fourths (3/4)
of the aggregate principal amount of the Bonds has been paid and
for any reason the remaining assessments are not paid in time to
redeem or prepay the remaining Principal Balance of all of the
Bonds and to pay the interest thereon, and there are not
sufficient funds in the special Surplus and Deficiency Fund to do
so, then the City shall pay the remaining Principal Balance of
all of the Bonds when due and the interest thereon, levy
additional ad valorem taxes therefor, and reimburse itself by
collecting the unpaid assessments due.
The City covenants with the registered owner of this
Bond that it will levy and collect the assessments against the
property specially benefited and deposit the same into the Bond
and Interest Fund and that it will diligently enforce the lien of
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any unpaid assessment against the property charged therewith.
The City further covenants with the registered owner of this Bond
that it will keep and perform all of the covenants of this Bond
and of the Ordinance authorizing the issuance hereof. Reference
is hereby made to said Ordinance for a description of the
provisions, terms, and conditions upon which this Bond is issued
and secured, including, without limitation, the nature and extent
of the security for this Bond, the collection and disposition of
the special assessments and moneys charged with and pledged to
the payment of this Bond, the special funds referred to above,
and the nature and extent of the security and pledge afforded
thereby for the payment of this Bond, the rights, duties and
obligations of the City and its Council, and the rights and
remedies of the registered owner of this Bond.
It is hereby recited, certified and warranted that this
Bond does not exceed any limitation imposed by law; that every
requirement of law relating to the creation of the District, the
acquisition, construction and installation of the improvements
therein, the preparation for levying of the assessments, and the
issuance of this Bond has been fully complied with by the proper
officers of the City; that all acts, conditions and things
required by law to be done precedent to and in the issuance of
this Bond have been properly done; and that this Bond does not
contravene any constitutional or statutory provision of the State
of Colorado or provision of the City Charter or ordinances.
For the payment of this Bond and the interest hereon,
the City pledges the exercise of all of its lawful corporate
powers.
This Bond is transferable only upon the registration
books of the City at the office of the City Clerk or a successor
registrar by the registered owner hereof or by his, her or its
duly authorized attorney-in-fact or legal representative, upon
surrender hereof together with a written instrument of transfer
duly executed by the registered owner or his, her or its duly
authorized attorney-in-fact or legal representative with guaranty
of signature satisfactory to the City Clerk, containing written
instructions as to the details of the transfer, along with the
social security number or federal employer identification number
of the transferee and, if the transferee is a trust, the names
and social security numbers of the settlors and beneficiaries of
the trust. Transfers are to be made without charge, except that
the City Clerk may require payment of a sum sufficient to defray
any tax or other governmental charge that may hereafter be
imposed in connection with any transfer of bonds. Upon such
transfer the City Clerk is to enter the date of registration and
the name, address, and social security number or federal employer
identification number of the new registered owner of this Bond on
the registration panel attached hereto. The City Clerk is not
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required to transfer ownership of this Bond during the fifteen
(15) days next preceding any interest payment date nor to
transfer this Bond after mailing any notice of redemption or
prepayment as herein provided nor during the fifteen (15) days
next preceding such mailing of any notice of redemption or
prepayment. The City may deem and treat the person in whose name
this Bond is last registered upon the books of the City as the
absolute owner hereof for the purpose of receiving payment of the
principal of and interest on this Bond and for all other
purposes, and all such payments so made to such person or upon
his order will be valid and effective to satisfy and discharge
the liability of the City upon this Bond to the extent of the sum
or sums so paid, and the City will not be affected by any notice
to the contrary.
This Bond has been issued and delivered without
registration under the Securities Act of 1933, as amended, or
other state, Federal or other securities laws, and without
distribution of a prospectus or other comprehensive offering
document, in reliance upon the availability of an appropriate
exemption from registration otherwise required and
representations of the initial registered owner of this Bond that
this Bond is being acquired solely for investment and not with a
view to distribution or resale. This Bond shall not be sold,
pledged, hypothecated, donated or otherwise transferred,
including the sale of a participation interest herein, whether or
not for consideration, by the initial registered owner or any
other registered owner except as permitted by law and subject to
all applicable regulations of the Securities Act of 1933, as
amended.
IN TESTIMONY WHEREOF, the City of Fort Collins,
Colorado, has caused this Bond to be executed in the name and on
behalf of the City with the manual signature of the Mayor of the
City, to be sealed with the seal of the City, to be attested by
the manual signature of the City Clerk of the City, and to be
countersigned with the manual signature of the Finance Director
of the City, all as of the 15th day of October, 1986.
CITY OF FORT COLLINS, COLORADO
(CITY) By: (Manual Signature)
(SEAL) Mayor
Attest: Countersigned:
(Manual Signature) (Manual Signature)
City Clerk Finance Director
D7550 12 09/10/86
(Registration Panel)
This Bond is registered in the office of the City Clerk
of the City of Fort Collins, Colorado, as registrar, or its
successor registrar, in the name of the owner listed below, and
the principal of and interest on this Bond shall be payable only
to such owner.
Name, Address, and
Date of Identification Number of Signature of
Registration Registered Owner City Clerk
First Interstate Bank of
Fort Collins, N.A.
P. 0. Box 578
Fort Collins, Colorado 80522
November 1986 84-020-5012
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SCHEDULE OF PRINCIPAL INSTALLMENTS
Upon the payment of any Principal Installment the
within Bond shall be marked with the appropriate endorsement on
the table below. Any Principal Installment made by the City on
the Bond shall, whether or not endorsed below, fully discharge
the City" s obligations under the Bond to the extent of the
payment of such Principal Installments. Any prospective
purchaser of this Bond should verify with the Finance Director of
the City the Principal Balance of this Bond prior to the purchase
thereof.
Signatures of
Date of Authorized
Payment of Amount of Remaining Representative
Principal Principal Principal of Registered
Installment Installment Balance Owner
[End of Form of Bond]
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(Assignment Form to be Used for Transfers)
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and
transfers unto
PLEASE INSERT SOCIAL SECURITY OR
OTHER IDENTIFYING NUMBER OF ASSIGNEE
(Name and Address of Assignee)
the attached Bond and does hereby irrevocably constitute and
appoint 9 , , or its
successor, as registrar and transfer agent, to transfer said Bond
on the books kept for registration thereof.
Dated:
Signature guaranteed:
(Bank, Trust Company or Firm)
NOTICE: The signature to this
assignment must correspond
with the name of the
Registered Owner as it appears
upon the registration panel of
the attached Bond in every
particular without alteration
or enlargement or any change
whatever.
D7550 15 09/10/86
10. The proceeds of the Bonds, excluding accrued
interest, shall be deposited into the Capital Projects Fund of
the City (the "Capital Projects Fund" ) , and immediately upon
receipt thereof said proceeds shall be used to reimburse the
City for the costs and expenses of acquiring, constructing and
installing the Improvements. Pursuant to Ordinance No. 76, 1984,
adopted on final reading by the Council on August 21, 1984, the
Council has appropriated from unanticipated Bond proceeds in the
Capital Projects Fund the sum of $581, 852 for the acquisition,
construction and installation of the Improvements and associated
costs. There is hereby additionally appropriated the sum of
$28, 148 from the Bond proceeds in the Capital Projects Fund in
order to provide immediate reimbursement to the City for the
payment of the costs of acquisition, construction and
installation of the Improvements and associated costs. Accrued
interest shall be deposited into the Bond Fund and applied for
the payment of interest first due on the Bond.
11. The Bonds and the interest thereon shall be
payable solely from, and there is hereby created, the Bond Fund,
into which there shall initially be deposited accrued interest on
the Bonds and into which there shall thereafter be deposited all
moneys collected on account of assessments to be levied against
the property within the District and specially benefited by the
acquisition, construction and installation of the Improvements
therein. The moneys in the Bond Fund shall be used for the
purpose of paying the Principal Balance of and interest on the
Bonds and for no other purpose whatsoever until the Bonds, both
principal and interest, have been fully paid and discharged, and
as security for such payment the Bond Fund is hereby exclusively
pledged.
12 . The Bonds, together with bonds of other special or
local improvement districts of the City, shall be additionally
secured by moneys deposited in the special Surplus and Deficiency
Fund of the City (the "Surplus and Deficiency Fund" ) . Whenever
there is a deficiency in the Bond Fund for the payment of
principal or interest on the Bond, the deficiency shall be paid
by transferring moneys from the Surplus and Deficiency Fund to
the Bond Fund. Whenever three-fourths (3/4) of the aggregate
principal amount of the Bonds has been paid and for any reason
the remaining assessments are not paid in time to redeem or
prepay the remaining Principal Balance of all of the Bonds in
full and to pay the interest thereon, and there are not
sufficient funds in the Surplus and Deficiency Fund to do so,
then the City shall pay the remaining Principal Balance of all of
the Bonds when due and the interest thereon, levy additional ad
valorem taxes therefor, and reimburse itself by collecting the
unpaid assessments due.
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13 . The Bonds, when executed and registered as
provided herein and in the Code, shall be delivered by any one of
the officers of the City to the Purchaser upon payment to the
City of the purchase price therefor. The proceeds derived from
the sale of the Bonds shall be used exclusively for the purposes
stated herein. The Purchaser shall not be in any way responsible
for the application of the proceeds of the Bonds by the City or
any of its officers.
14. The City covenants that it will make no investment
or other use of the proceeds of the Bonds at any time during the
term thereof which would cause the Bonds to be arbitrage bonds
within the meaning of Section 103(c) of the Internal Revenue Code
of 1954, as amended (the "Code" ) , and the regulations promulgated
thereunder, and will comply with the requirements of such Section
and regulations throughout the term of the Bonds.
The City does not expect to have any gross proceeds
from the Bonds which will be subject to required arbitrage rebate
to the United States government under Section 103(c) of the Code.
If, however, the City does, for any reason, have gross proceeds
from the Bonds which will be subject to such arbitrage rebate,
the Finance Director of the City will determine the amount of the
required arbitrage rebate, if any, payable to the United States
government under Section 103(c) of the Code and will make any
required payments beginning not later than 30 days after the end
of the fifth bond year of the Bonds, regardless of whether there
are any remaining proceeds or other funds attributable to the
Bonds that are available for the purpose. In such case the City
will not permit the amount of gross proceeds invested in any bond
year at a yield materially higher than the Bond yield to exceed
the limits of Section 103(c) .
15 . The Council shall cause the assessments to be
levied and collected as provided by law for the benefit of the
registered owners of the Bonds. All assessments made, together
with all interest thereon and penalties for default in payment
thereof, shall be a lien in the several amounts assessed against
each property from the date of the publication of the assessing
ordinance and shall be a first and prior lien over all other
liens excepting general tax liens. The Council will further
cause the lien of any unpaid assessment to be diligently enforced
against the property charged therewith.
16. So long as any portion of any Bond remains
outstanding, the City will keep or cause to be kept by Larimer
County, Colorado (the "County" ) , true and accurate books of
records and accounts showing full and true entries covering the
collection and disposition of the assessments and any
delinquencies in the collection thereof, covering deposits and
disbursements in each of the special funds herein described,
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covering the payment of the Bonds, both principal and interest,
and covering disbursements to defray the costs and expenses of
the Improvements. The City will permit inspection and
examination of all such books and notices maintained or received
by the City at any reasonable time by the Purchaser or the
registered owner of any Bond.
17. The registered owner of any Bond shall have the
right and power:
a. By mandamus or other suit, action, or
proceeding at law or in equity to enforce his rights against
the City and to require and compel the City to perform and
carry out its duties, obligations, or other commitments
under this Ordinance and under its covenants and agreements
with the registered owners of the Bonds;
b. By action or by suit in equity to require the
City to account as if it were the trustee of an express
trust;
C. By action or by suit in equity to have
appointed a receiver, which receiver may take possession of
any accounts and may collect, receive, and apply all
revenues or other moneys pledged for the payment of the
Bonds in the same manner as the City itself might do;
d. By action or by suit in equity to enjoin any
acts or things which might be unlawful or might be in
violation of the rights of the registered owners of the
Bonds; and
e. To bring suit upon the Bonds.
No right or remedy conferred by this Ordinance upon the
registered owner of any Bond or any trustee therefor is intended
to be exclusive of any other right or remedy, but each such right
or remedy is cumulative and is in addition to every other right
or remedy and may be exercised without exhausting and without
regard to any other remedy conferred by this Ordinance or by any
other law. The failure of the registered owner of any Bond so to
proceed as provided herein shall not relieve the City of any
obligation to perform or to carry out any duty, obligation, or
other commitment.
18. This Ordinance is, and shall constitute, a
legislative measure of the City, and after the Bonds are issued,
sold, and outstanding, this Ordinance shall constitute a contract
between the City and the registered owners of the Bonds, and
shall be and remain irrepealable until the Bonds and the interest
thereon shall have been fully paid, satisfied and discharged.
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19. The officers of the City are hereby authorized and
directed to enter into such agreements and take all action
necessary or appropriate to effectuate the provisions of this
Ordinance and to comply with the requirements of law, including
without limiting the generality of the foregoing:
a. The preparation of the Bonds, and the
delivery of the legal opinion of Ballard, Spahr, Andrews &
Ingersoll, bond counsel with respect to the Bonds, duly
certified by the City Clerk; and
b. The execution of such certificates as may be
required by the Purchaser relating to the signing of the
Bonds, the tenure and identity of the City officials, if in
accordance with the facts, the absence of litigation,
pending or threatened, affecting the validity of the Bonds,
the exemption of the interest on the Bonds from federal
income taxation, and receipt of the Bond purchase price and
of the Bonds; and
C. The making of various statements, recitals,
certificates and warranties provided in the form of Bond set
forth in this Ordinance; and
d. The payment of the interest on the Bonds as
the same shall become due and the Principal Balance of the
Bonds at maturity or upon prior redemption or prepayment
without further warrant or order.
20. All action heretofore taken by the City and by the
officers thereof not inconsistent herewith directed toward the
creation of the District, the construction and installation of
the Improvements therein, and the authorization and sale of the
Bonds is hereby ratified, approved and confirmed.
21. All resolutions, ordinances, or parts thereof,
taken by the City and in conflict with this Ordinance are hereby
repealed, except that this repealer shall not be construed so as
to revive any resolution, ordinance, or part thereof, heretofore
repealed.
22 . If any paragraph, clause or provision of this
Ordinance is judicially adjudged invalid or unenforceable, such
judgment shall not affect, impair or invalidate the remaining
paragraphs, clauses or provisions hereof, the intention being
that the various paragraphs, clauses or provisions hereof are
severable.
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INTRODUCED, READ, APPROVED ON FIRST READING, AND
ORDERED PUBLISHED BY NUMBER AND TITLE ONLY this 16th day of
September, 1986.
CITY OF FORT COLLINS, COLORADO
(CITY) By:
(SEAL) Mayor
Att st: n
City Clerk IS
The foregoing Ordinance will be presented for final
passage at a regular meeting of the Council, to be held at
Council Chambers, City Hall, 300 West LaPorte Avenue, Fort
Collins, Colorado, on Tuesday, the 7th day of October, 1986, at
6: 30 p.m.
Passed and adopted on final reading this 7th day of October, A. D. 1986.
I
Mayor */"o
ATTEST:
City Clerk
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