HomeMy WebLinkAbout042 - 04/05/1986 - PROVIDING FOR THE ISSUANCE OF SPECIAL ASSESSMENT BONDS PAYABLE FROM THE ASSESSMENTS TO BE LEVIED IN ORDINANCE NO. 42 , 1986
AN ORDINANCE CONCERNING THE CITY OF FORT COLLINS ,
COLORADO, HARMONY TRUNK SEWER SPECIAL IMPROVEMENT
DISTRICT NO. 60 ; 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 . 28 ,
1986 passed on first reading on February 18 , 1986 and on second
reading on March 4 , 1986 ( the "Ordinance Creating the District" ) ,
within the corporate limits of the City, a local improvement
district known and designated as she City of Fort Collins ,
Colorado, Harmony Trunk Sewer Special Improvement District No . 60
( the "District" ) , for the purpose of making certain sanitary
sewer improvements and assessing the cost thereof to the property
benefited thereby; and
-2-
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 $ gg5 . 000 ( the "Bonds" ) ; and
WHEREAS, the City has received a commitment from the
First Interstate Bank of Fort Collins , N.A. , Fort Collins ,
Colorado ( the " initial purchaser " ) , to purchase such Bonds for
qgo of the principal amount thereof ; 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 of "City of Fort Collins ,
Colorado , Harmony Trunk Sewer Special Improvement District
No. 60 , Series 1986" in the aggregate principal amount of
$995 , 000 to the initial purchaser for 98 3 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 Artic'_e V, Section 20 . 5 of the
Charter ; and
-3-
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, be , and the same
hereby is , ratified, approved and confirmed.
Section 2 . The City be, and it 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 thereto, 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 . Subject to Section 16-25 of the Code
concerning the certification and delivery of the assessment roll
to the County Treasurer of Larimer County for collection of
assessments to be paid in installments , the Director of Finance
be , and he 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, 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, includinc 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,
Harmony Trunk Sewer Special Improvement District No . 60 , 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 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 shall be , and he
also hereby is , authorized, empowered an 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 "Surplus Fund and
Deficiency Fund" ) 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 a'-so
disburse moneys in the Surplus and Deficiency Fund for other
public purposes . The Bonds herein authorized, together w�_th
-5-
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 as
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 ( 3/4 ) of the Bonds
authorized herein to be issued for the District have been paid
and cancelled 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 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 , in compliance with § 103 ( j ) of the Internal Revenue
Code of 1954 , as amended, and the regulations of the Secretary of
the Treasury thereunder ) , special assessment bonds designated
"City of Fort Collins , Colorado, Harmony Trunk Sewer Special
Improvement District No . 60 , Special Assessment Bonds , Series
1986" in the aggregate principal amount of $995 , 000
consisting of Twelve Bonds , numbered consecutively from 1 to
12 , both inclusive, in the denomination of $ 80,000 - 85,000 each ,
dated as of the first day of Ilav , 1986 , being payable to
the registered owner thereof on the first day of May
-6-
1998, and bearing interest from the date of delivery to the
original purchasers thereof until maturity or prepayment , payable
semiannually on the first days of May and October in
each year , commencing on the first day of nrtnhar , 1986 , 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 $ 85 , 000 7 . 75%
2 85 , 000 8 . 00%
3 85 , 000 8 . 25%
4 85 , 000 8 . 50%
5 85, 000 8 . 75%
6 £,5, 000 8 . 85%
7 85, 000 8 . 95%
8 80 , 000 9 . 05%
9 80 , 000 9. 15%
10 80 , 000 9 . 25%
11 80 , 000 9 . 35%
12 80 , 000 9 . 45%
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
books 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 prepayment 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) , tc the person in whose name
the Bonds are registered at the close of business fifteen days
prior to each regularly scheduled interest payment date the
"Record Date" ) at his address as it last appears on the
registration books 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 books
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 .
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 each registered owner of Bonds 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 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 .
-8-
The proceeds of the Bonds , other than amounts to be
used to pay interest on the Bonds through May -]-, 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 be
used to pay the cost and expense of making said improvements in
the District , including all such proper incidental costs .
Section 7 . All of the Bonds shall be subject to
prepayment prior to maturity, in whole or in part , in direct
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
deposited therein to pay interest on the Bonds through May
1, 19g9) 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 . Upon presentation of a Bond for
partial prepayment , the Registrar shall record such prepayment in
the registration records and the Paying Agent shall enter the
amount and date of such prepayment in the space provided therefor
on the Bond and shall require the Bond owner to receipt for such
prepayment on the Bond or in such other manner as the Paying
Agent deems appropriate for the records of the City .
Notice of prepayment 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 prepayment date to each registered
owner of any Bonds designated for prepayment , in whole or in
-9-
part , at their addresses as the same shall last appear upon the
registration books kept by the Registrar . Such notice shall
specify the number or numbers of the Bonds to be so prepaid, the
amount of principal to be prepaid with respect to such Bond or
Bonds , and the date fixed for prepayment , 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
prepaid, with accrued interest to the prepayment 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 amount of principal of such Bond or Bonds so to be
prepaid shall become due and payable on the date so designated,
and upon presentation thereof at the Paying Agent and the
execution of such receipts therefor as the Paying Agent may
require, the City will pay the amount of principal of such Bond
or Bonds so to be prepaid 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 books 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 . A Bond shall be fully
transferable by the registered owner thereof in person or by his
duly authorized attorney on the registration books kept at the
office of the Registrar upon presentation of the Bond together
with a duly executed written instrument of transfer satisfactory
to the Registrar . Such transfer shall be noted on such
registration books and on the Bond . 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
-_0-
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 for prepayment as
herein provided, nor during the period of fifteen days next
preceding such publication or mailing of notice of redemption,
except the unredeemed portion of Bonds being redeemed in part .
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 provision of
registration thereon. The provision for registration 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
provision for registration on all of the Bonds issued hereunder
nor upon all transfers of any one Bond. In the event that the
spaces in the provision for registration are insufficient to
reflect all transfers of a Bond or spaces in the provision for
prepayment are insufficient to reflect all prepayments , the
Registrar may, upon surrender of such Bond, replace the same with
a new registered Bond bearing the same number . The Registrar
shall cancel the Bond surrendered but shall preserve a record
thereof .
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
May 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 of all the costs and expenses of making
the improvements shall be deposited in the Bond Fund and used for
Bond prepayment . 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
for the payment of the principal of and the interest on the
Bonds . The City, as well as prepaying the Bonds 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 twelve
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 and the Code, 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 form 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 Bonds .
No property of the City, subject to said exceptions , shall be
liable to be forfeited or taken in payments of the Bonds .
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
may be required by the circumstances , be required or permitted by
this ordinance , or be consistent with this ordinance and
-13-
necessary or appropriate to conform to the rules and requirements
of any governmental authority or any usage or requirement of law
with respect thereto.
( Form of Bond)
UNITED STATES OF AMERICA
STATE OF COLORADO COUNTY OF LARIMER
CITY OF FORT COLLINS , COLORADO
HARMONY TRUNK SEWER SPECIAL IMPROVEMENT DISTRICT NO. 60
SPECIAL ASSESSMENT BOND
SERIES 1986
No. R- $
Interest Rate Maturity Date Dated As Of
1 , 1 , 1986
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 , as hereinbelow
provided, the principal sum of
THOUSAND DOLLARS
on the first day of 19 , with interest hereon from
the date of delivery to the original purchasers hereof to the
date of maturity or prepayment at the interest rate per annum
specified above , such interest being payable semiannually on the
first day of and first day of in each year
commencing on the first day of 1986 . Both principal
and interest are payable in lawful money of the United States of
America . The principal of this bond shall be payable to the
registered owner hereof as shown on the registration books kept
for that purpose at the office of the City Clerk of the City , in
Fort Collins , Colorado, as registrar , or its successor ( the
"registrar" ) , upon maturity or prepayment 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 its
-13-
successor ( the "paying agent" ) under the ordinance of the City
( the "Bond Ordinance" ) authorizing this Bond and the series of
which it 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 books kept for
that purpose by the registrar at the close of business on the
fifteenth 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 prepayment by the City, at its option at any time,
in whole or in part , in direct numerical order , without premium
or penalty but with accrued interest to the prepayment date . The
manner of such prepayment and the application of funds in
connection therewith shall be as provided in the Bond Ordinance .
Such prepayments shall be noted on the registration records and
on the panel provided on this bond and the principal amount
payable hereunder shall be reduced accordingly. Prepayment 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 books , not less than fifteen days prior to the
prepayment date, in the manner and upon the conditions provided
in the Bond Ordinance . If a portion of the principal of this
bond is called for prepayment , no payment of the principal of or
interest on this bond due on and after the prepayment date shall
be made unless this bond is presented to the paying agent and
notation of the installments of principal so called for
prepayment is made on the reverse side hereof .
This bond is one of a series of negotiable , special
assessment bonds numbered consecutively from to I 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 $ Said bond series is issued in
payment for local improvements made and to be made in the
CITY OF FORT COLLINS, COLORADO
HARMONY TRUNK SEWER SPECIAL IMPROVEMENT DISTRICT NO. 60
( 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
hereinbelow stated, shall be payable solely from a special fund
designated "City of Fort Collins, Colorado, Harmony Trunk Sewer
Special Improvement District No . 60 , 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) 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 19_; 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 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 cancelled 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
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 same liens imposed by the State
of Colorado or any subdivision thereof and
may be subordinate to certain liens and
-=8-
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 , 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
owned hereof in person or by his duly authorized attorney on the
registration books 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 . Such
transfer shall be noted on such registration books and on the
bond. 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
provision for registration herein.
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 Director of Finance , to bear
-3-
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
February, 1986 .
Signed:
(Manual or Facsimile Signature )
Mayor
Countersigned:
(Manual or Facsimile Signature)
Director of Finance
[ SEAL ]
Attest :
(Manual or Facsimile Signature)
City Clerk
( End of Form of Bond)
-20-
( Form of Registration Provision)
PROVISION FOR REGISTRATION
This bond is registered in the office of the City Clerk
of the City of Fort Collins , in Fort Collins, Colorado, as
registrar , or its successor , in the name of the last owner listed
below; and the principal and interest on this bond shall be
payable only to such owner , all in accordance with the ordinance
authorizing the issuance of this bond. No transfer of this bond
shall be valid unless made on the registration books kept by the
registrar by the registered owner or his duly authorized attorney
and noted in the registration blank below.
Date of In Whose Name Signature of
Registration Registered Registrar
(End of Form of Registration Provision)
-21-
( Form of Prepayment Panel )
PREPAYMENT PANEL
The following prepayments of principal of this bond
have been prepaid by the City of Fort Collins, Colorado in
accordance with the terms of the ordinance authorizing the
issuance of this bond.
Principal Signature of
Date of Amount Registered Owner Signature of
Prepayment Prepaid Or Attorney Paying Agent
(End of Form of Prepayment Panel )
(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 books 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)
-23-
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
be deposited in the Bond Fund and used for the purpose of
prepaying Bonds ; and provided further , that $ 238 , 184 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 May 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 $ eg5 , non 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 of 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 and accounts at all reasonable times by a
representative of the initial purchaser of the Bonds . 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 and
-2 -
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 .
Section 16 . The officers of the City be, and they
hereby are, authorized and directed to take all action necessary
or appropriate to effectuate the provisions of this ordinance ,
including, without limiting the generality of the foregoing , the
printing of the Bonds , including thereon 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
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
-25-
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 H.R. 3838 , 99th Congress , 1st Session, passed by the House
of Representatives of the United States on December 17 , 1985 ,
( the "Bill" ) to the extent necessary to maintain the exemption of
interest on the Bonds from federal income taxation under the Bill
in its present form ( except the minimum tax imposed on certain
insurance companies by Section 1023 of the Bill ) ; provided
however , that this does not require the City:
( 1 ) to comply with those requirements
of the 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 , or
( 2 ) to comply with any other
requirement of the Bill in the event that
compliance with that requirement ceases to be
required (because of a change in the
-26-
effective date applicable to that
requirement , or because of a substantive
change in the provisions of the Bill imposing
that requirement ) in order to maintain the
exemption of the interest on the bonds from
federal income taxation under the Bill
( except the minimum tax imposed by
Section 1023 of the Bill ) .
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:
( i ) An extension of the maturity of any
Bond authorized by this ordinance; or
( ii ) 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
( iii ) 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
( iv) A reduction of the principal
amount of Bonds required for consent of such
amendatory or supplemental ordinance .
-27-
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
be, and the same 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 :
-28-
( Form of Published Title)
ORDINANCE NO. 42 , 1986
AN ORDINANCE CONCERNING THE CITY OF FORT COLLINS,
COLORADO, HARMONY TRUNK SEWER SPECIAL IMPROVEMENT
DISTRICT NO. 60 ; 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 first * reading on April 1
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 .
-29-
BY ORDER OF THE COUNCIL OF THE CITY OF FORT COLLINS
dated this April 1 1986 .
/s/
City Clerk
* insert first or second, as appropriate
(End of Form of Published Title)
-30-
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 April 15 ,
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 or 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
April 1 , 1986 and to be presented for final passage on April 15 ,
1986 .
Mayor
[ SEAL ) e,` /V—
At st :
City Clerk
Councilmember Estrada then moved that the
ordinance be passed on first reading . Councilmember
Rutstein seconded the motion. The roll was called with
the following result :
Those Voting Aye :
Those Voting Nay:
Those Absent :
The Mayor thereupon declared that at least a majority
of the members of the City Council present at the meeting having
voted in favor thereof, the motion was carried and the ordinance
duly passed on first reading .
Upon motion duly made, seconded and adopted, said
ordinance was scheduled for second and final reading at the
regular Council meeting to be held at the Council Chambers , 300
West La Porte on April 15 , 1986 , being not earlier than seven ( 7 )
days after the first publication of the title of said ordinance,
at 6 : 30 p.m.
Other business not relating to the foregoing ordinances
was then considered.
There being no further business to come before the
meeting, on motion duly made , seconded and unanimously carried,
the meeting was adjourned.
ayor
[ SEAL ]
Attest •
ClerkCity
-33-
STATE OF COLORADO )
COUNTY OF LARIMER ) SS .
CITY OF FORT COLLINS )
I , Wanda Krajicek , City Clerk of the City of Fort
Collins ( the "City" ) , in the County of Larimer and State of
Colorado, do hereby certify:
1 . That the foregoing pages numbered from 1 to 35 ,
inclusive, constitute a full, true and correct copy of the record
of the proceedings taken by the City Council of the City at a
regular meeting thereof held on April 1 , 1986 , insofar as the
minutes relate to an ordinance, a copy of which is therein set
forth, and that the copy of the ordinance as contained in the
minutes is a full , true and correct copy of the original of the
ordinance as introduced and passed on first reading.
2 . That the Mayor and 6 other members of the City
Council were present at the meeting and that the members of the
Council voted as in the minutes set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Fort Collins this April 2,
1986 .
[ SEAL] City le
-34-
STATE OF COLORADO )
COUNTY OF LARIMER )
CITY OF FORT COLLINS )
The City Council ( the "Council" ) of the City of Fort
Collins ( the "City" ) , in the County of Larimer and State of
Colorado, met in open regular session in full conformity with law
and with the ordinances and rules of said Council at the Council
Chambers, 300 West La Porte Avenue, in the City, on Tuesday,
April 15, 1986 at 6 : 30 p.m. Upon roll call the following were
found to be present constituting a quorum:
Present:
Mayor : Kelly Ohlson
Assistant Mayor : Larry Estrada
Other Councilmembers : Jay April
Gerry Horak
J-aha-4aezos ieh
Barbara Rutstein
Ed Stoner
Absent:
Jolin Knezovich
constituting all the members thereof.
There were also present :
City Manager : Steve Burkett
City Attorney: John Huisjen
City Clerk: Wanda Krajicek
Councilmember Stoner introduced the following
ordinance on second reading, which was read by title, copies of
such ordinance having been made available in the office of the
City Clerk for each of the councilmembers and for inspection and
copying by the general public at least 48 hours prior to such
introduction:
ORDINANCE NO. 42 , 1986
AN ORDINANCE CONCERNING THE CITY OF FORT COLLINS,
COLORADO, HARMONY TRUNK SEWER SPECIAL IMPROVEMENT
DISTRICT NO. 60; 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.
Councilmember Stoner then moved that the
ordinance heretofore introduced and published, be now finally
passed and adopted. Councilmember Estrada seconded the
motion. The question being upon the final passage and adoption
of said ordinance, the roll was called with the following result :
Those Voting Aye:
Mayor; Kelly Ohlson
Assistant Mayor, Larry Estrada
Jay April
Gerry Horak
Rarbara Rutstein
Fd Stoner
Those Voting Nay: None
Those Absent: John Knazovich
-2-
The Mayor thereupon declared that at least a majority
of the members of the City Council present at the meeting having
voted in favor thereof, the motion was carried and the ordinance
duly passed and adopted.
On motion duly adopted, it was ordered that said
ordinance be numbered 42 , 1986, and after being recorded
in the book of ordinances of the City kept for that purpose and
authenticated by the signatures of the Mayor and of the City
Clerk , be finally published by title in The Coloradoan, as
therein provided.
Other business not relating to the foregoing ordinance
was then considered.
There being no further business to come before the
meeting, on motion duly made, seconded and unanimously carried,
the meeting was adjourned.
,�X'/Z.
[ SEAL] Mayor
Att t�
City Clerk
-3-
STATE OF COLORADO )
COUNTY OF LARIMER ) SS .
CITY OF FORT COLLINS )
I, Wanda Krajicek , City Clerk of the City of Fort
Collins ( the "City" ) , in the County of Larimer and State of
Colorado, do hereby certify:
1. That the foregoing pages numbered from 1 to 3 ,
inclusive, constitute a full, true and correct copy of the record
of the proceedings taken by the City Council of the City at a
regular meeting thereof held on April 15, 1986, insofar as the
minutes relate to an ordinance, a copy of which is set forth in
the minutes of the regular meeting of the City Council held on
April 1, 1986 , and that the copy of the ordinance as contained in
said minutes is a full , true and correct copy of the original of
the ordinance as introduced and passed on first reading.
2 . That the Mayor and 5 other members of the City
Council were present at the meeting and that the members of the
Council voted as in the minutes set forth.
3 . The ordinance was duly published in The Coloradoan,
by title; and a true and correct copy of the proof of such
publication after second reading is attached hereto as Exhibit A.
4 . There exist no rules or bylaws of the City Council
which prevented the final passage of said ordinance at the
regular meeting of the City Council on April 15, 1986 .
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Fort Collins this April 16
1986 .
City C er
[SEAL]
-4-
The Coloradoan
STATE OF COLORADO
COUNTY OF LARIMER )ss. AFFIDAVIT OF PUBLICATION
Tlizaheth A. Bawrmn 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 Lartmer 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
1 successive weeks on 13unday 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 20th day of April , A.D. 1986; that the last
publication of said legal notice or advertisement was in the regular and entire edition of
said newspaper on the 20th day of April , A.D. 198fi_, 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.
Z-05
l
Subscribed and sworn to before me, at and within the County of Larimer, State of Colorado
this 20th day of A, 41 , A.D. 19 86
My commission expires 9 � J-6
City Clerk
Notary Public
Delivered to
NOTICE IS HEREBY GIVEN
that the Fort Collins City Council,
on Tuesday,April IS,1966 passed
and adopted the toliminq drdl-
nanCes an MCMd reading:
ORDINANCE NO.42, 19116
AN ORDINANCE CONCERNING
THE CITY OF FORT COLLINS,
COLORAOO, HARMONY
TRUNK SEWER SPECIAL
IMPROVEMENT DISTRICT NO.
60;RATIFYING ACTION HERE
TOFORE TAKEN IN CONNEC
TION THEREWITH; PROVID
ING FOR THE COLLECTION OF
SPECIAL ASSESSMENTS TO BE
LEVIED TO DEFRAY THE
COSTS OF IMPROVEMENTS
THEREIN; PROVIDING FOR
THE ISSUANCE OF SPECIAL
ASSESSMENT BONDS PAY-
ABLE FROM THE ASSESS-
MENTS TO BE LEVIED IN SAID
DISTRICT; PRESCRIBING
DETAILS IN CONNECTION
WITH SAID ASSESSMENTS,
BONDS, AND DISTRICT,
INCLUDING THE MANNER OF.
ADDITIONALLY SECURINd
AND EFFECTING THE PAY
MENT OF SAID BONDS; PRES
CRIBING DUTIES OF CERTAIINNNPUBLIC ..
N CO
NECTION WITH D OFFICIALS SAI IAS ES .
MENTS, BONDS, AND Dill,
TRICT; REPEALING ALL
ORDINANCES AND OTHER
ACTION OF THE CITY TO THE
EXTENT INCONSISTENTI
HEREWITH; AND PROVIDING
OTHER MATTERS RELATING
THERETpp' �y
ORDINANCE NO./7,Is%.'p
OF THE COUNCIL OF THE CIT
OF FORT COLLINS AUTHOII
ING THE CITY MANAOE T
ENT E R INTO NA It
FOR THE LEA III
/PURCHAS
OF- VEHICLl5 AND EG.11!
MENT.
WANDA M. KRAJICEK, CITY
CLERK
The ColOradu/n, ZOS, April X;
19",
The C6roradoan
STATE OF COLORADO )
COUNTY OF LARIMER )ss. AFFIDAVIT OF PUBLICATION
>;1 izab®th A Reti m an being first duly sworn upon oath, deposes
and says: That said is the—7egal�}__,- 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
1 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 6th day of April , A.D. 19 86 ; that the last
publication of said legal notice or advertisement was in the regular and entire edition of
said newspaper on the 6th day of April , A.D. 19gf(, 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.
Y-20
Subscribed and sworn to before me, at and within the County of Larimer, State of Colorado
this 6t-h day of April A.D. 19 86
My commission expires('• ` r ��
Notary Public
City Clerk
Delivered to
ORD
kN ORDIINANCE CONCERN NCI
THE CITY OF FORT COLLINS.
COLORADO, HARMONYJ"
TRUNK SEWER SPECIAL,i
IMPROVEMENT DISTRICT NO
OFOREFTAKEN IN CONNEC-j
TION THEREWITH; PROVID.!
ING FOR THE COLLECTION OF 1
SPECIAL ASSESSMENTS TO BE
LEVIED TO DEFRAY THE
COSTS OF IMPROVEMENTS
THEREIN; PROVIDING FOR
THE ISSUANCE OF SPECIAL
ASSESSMENT BONDS PAY
ABLE FROM THE ASSESS
MENTS 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 PAY
MENT OF SAID BONDS; PRES
CRIBING DUTIES OF CERTAIN
PUBLIC OFFICIALS IN CON-
NECTION WITH SAID ASSESS
MENTS, BONDS AND DIS
TRICT; 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 aboveantltlao
ordinance of the Clty of Fort Col
Ilns was Introduced end Oomid
erect favorably on first reading on
April 1, 19aa.
The text of the ordinance Is
available for public Inspection
and aroulsltlon at the Office W the
City Clerk Of NO West La Porte
Avenue,in Fort Collins,Colorado,
during normal oNice hours.
BY ORDER OF THE COUNCIL
OF THE CITY OF FORT COL-
LINS,dalad this Apr 11 1, 19ae,
anda M. Kralllcek
The Coloradoan, Y TBCIIV it 6k
19M
STATE OF COLORADO )
COUNTY OF LARIMER )
CITY OF FORT COLLINS )
The City Council ( the "Council" ) of the City of Fort
Collins ( the "City" ) , in the County of Larimer and State of
Colorado, met in open regular session in full conformity with law
and with the ordinances and rules of said Council at the Council
Chambers , 300 West La Porte Avenue , in the City, on Tuesday ,
April 1 , 1986 at 6 : 30 p.m. Upon roll call the following were
found to be present constituting a quorum:
Present :
Mayor : Kelly Ohlson
Assistant Mayor : Larry Estrada
Other Councilmembers : Jay April
Gerry Horak
John Knezovich
Barbara Rutstein
Ed Stoner
Absent :
constituting all the members thereof .
There were also present :
Interim City Manager : Rich Shannon
City Attorney : John Huisjen
City Clerk : Wanda Krajicek
Councilmember Fstrada introduced the following
ordinance, which was read by title , copies of such ordinance
having been made available in the office of the City Clerk for
each of the councilmembers and for inspection and copying by the
general public at least 48 hours prior to such introduction :