HomeMy WebLinkAbout062 - 06/02/1992 - ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR VALUE PLASTICS, INC. PROJECT CERTIFIED RECORD
OF
PROCEEDINGS OF THE COUNCIL OF
THE CITY OF FORT COLLINS, COLORADO
RELATING TO AN ORDINANCE
AUTHORIZING THE ISSUANCE OF ITS
INDUSTRIAL DEVELOPMENT REVENUE BONDS
(THE VALUE PLASTICS, INC. PROJECT)
SERIES 1992
IN THE PRINCIPAL AMOUNT OF $2,150,000
TABLE OF CONTENTS
(This Table of Contents is for convenience of reference only
and is not intended to define, limit or describe the scope or
intent of any provision of this Bond Ordinance)
Page
ARTICLE I
DEFINITIONS, LEGAL AUTHORIZATION,
ELECTION, APPROVALS AND FINDINGS
1. 1. Definitions . . . . . . . . . . . . . . . . . . . 3
1. 2 . Legal Authorization . . . . . . . . . . . . . . . . . . 3
1. 3. Findings . . . . . . . . . . . . . 3
1.4. Authorization and Ratification of Project . . . . . . . 5
1.5. Election by Issuer . . . . . . 5
1. 6. Approval Pursuant to Section 147 (f) of the Code 5
ARTICLE II
BONDS
2 . 1. Issuance and Sale of Bonds; Interest Rates . . . . . . . 6
ARTICLE III
GENERAL COVENANTS
3 . 1. Payment of Principal and Interest . . . . . . . 8
3 .2 . Performance of and Authority for Covenants . . . . . . . 8
3 . 3 . Nature of Security . . . . . . . . . . . . . . . . . . . 9
ARTICLE IV
MISCELLANEOUS
4. 1. Facsimile Signatures . . . . . . . . . . . . . . . . . . 9
4 .2 . CUSIP Numbers . . . . . . . . . . . . . . . . . . . . . 9
4.3 . Severability . . . . . . . . . 10
4.4. Authorization to Execute Documents . . . . . . . . . . . 10
4. 5. Authority to Correct Errors, Etc. . . . . . . . . . . . 11
4. 6. Further Authority . . . . . . . . . . . . . . . . . . . 12
4 .7. Repealer . . . . . . . . . . . . . . . . . . . . . 12
4 . 8. Ordinance Irrepealable; Amendments . . . . . . . . . . . 12
4.9. Recording and Authentication . . . . . . . . . . . . 12
- i -
STATE OF COLORADO )
COUNTY OF LARIMER )
CITY OF FORT COLLINS )
The City Council of the City of Fort Collins, Colorado, held
a regular meeting in the Council Chambers, at City Hall, on
Tuesday, the 19th day of May, 1992, at the hour of 6:30 p.m.
The following persons were present:
Councilmembers: Susan Kirkpatrick, Mayor
Ann Azari Gerry Horak
Dave Edwards Loren Maxey
Cathy Fromme Bob Winokur
City Manager: Steve Burkett
Deputy City Clerk: Molly Davis
The following persons were absent: None
Councilmember Maxey introduced Ordinance
No. 62 1992, which was read by title, copies of the full
Ordinance having been available in the office of the City Clerk at
least forty-eight (48) hours prior to the time said Ordinance was
introduced for each Councilmember and for inspection and copying
by the general public.
- ii -
ORDINANCE NO. 62, 1992
AN ORDINANCE RELATING TO THE ISSUANCE OF INDUSTRIAL
DEVELOPMENT REVENUE BONDS UNDER THE PROVISIONS OF THE COLORADO
COUNTY AND MUNICIPALITY DEVELOPMENT REVENUE BOND ACT;
PROVIDING FOR THE ISSUANCE AND SALE OF CITY OF FORT COLLINS,
COLORADO, INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1992
(THE VALUE PLASTICS, INC. PROJECT) IN THE PRINCIPAL AMOUNT OF
$2, 150, 000 FOR THE PURPOSE OF LOANING FUNDS TO SAMPSON
PARTNERSHIP TO FINANCE IMPROVEMENTS RELATING TO ACQUIRING,
IMPROVING, CONSTRUCTING, INSTALLING AND EQUIPPING A
MANUFACTURING FACILITY IN FORT COLLINS, COLORADO; APPROVING
AND AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST
INDENTURE FROM THE CITY TO CENTRAL BANK NATIONAL ASSOCIATION,
AS TRUSTEE; APPROVING AND AUTHORIZING THE EXECUTION AND
ASSIGNMENT OF A LOAN AGREEMENT AND NOTE BETWEEN SAMPSON
PARTNERSHIP AND THE CITY; AND AUTHORIZING THE PREPARATION AND
EXECUTION OF CERTAIN RELATED DOCUMENTS AND INSTRUMENTS.
WHEREAS, the City of Fort Collins, Colorado (the "City") , is
authorized by part 1 of Article 3 of Title 29, Colorado Revised
Statutes, as amended (the "Act") , to issue revenue bonds for the
purpose of financing projects to the end that business enterprises
will locate in the City of Fort Collins, to enter into financing
agreements with others for the purpose of providing revenues to pay
such bonds, and further to secure the payment of such bonds; and
WHEREAS, pursuant to a Resolution duly adopted on March 3 ,
1992 (the "Inducement Resolution") , the City will take all
necessary and advisable steps to issue such bonds in accordance
with the provisions of the Act for the purpose of financing certain
manufacturing facilities (the "Project Facilities") to be owned by
Sampson Partnership, a Colorado general partnership (the "Company")
and to be located within the City of Fort Collins; and
WHEREAS, the following documents have been submitted to the
Council of the City (the "Council") and filed in the office of the
City Clerk of the City (the "Clerk") and are there available for
public inspection:
(i) a Trust Indenture, to be dated as of June 1, 1992
(the "Indenture") , from the City to Central Bank National
Association, Corporate Trust Department, Fifth Floor, Tower
Three, 1515 Arapahoe Street, Denver, Colorado 80202 (the
"Trustee") ;
(ii) a Loan Agreement (the "Loan Agreement") and an
Assignment of Loan Agreement, both to be dated as of June 1,
1992, between the City and Company including a form of
Company's Note to the City;
(iii) a Letter of Credit in the approximate amount of
$2, 250, 333 issued by Central Bank National Association (the
"Bank") , pursuant to a Reimbursement Agreement to be dated
June 1, 1992 , between the Company and the Bank; and
(iv) a Bond Purchase and Remarketing Agreement to be
dated as of the date of its delivery (the "Bond Purchase
Agreement") among Miller & Schroeder Financial, Inc. ,
Minneapolis, Minnesota, as underwriter (the "Underwriter") ,
the City, the Company and Value Plastics, Inc. , a Colorado
corporation (the "Lessee") .
WHEREAS, the Council desires to issue at this time the City
of Fort Collins, Colorado Industrial Development Revenue Bonds,
Series 1992 (The Value Plastics, Inc. Project) in the principal
amount of $2 , 150, 000 (the "Bonds") ; and
2 -
WHEREAS, it is necessary to authorize the issuance of the
Bonds by ordinance and to approve the form and authorize the
execution of the aforementioned documents thereby.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS, COLORADO, THAT:
ARTICLE I
DEFINITIONS, LEGAL AUTHORIZATION,
ELECTION, APPROVALS AND FINDINGS
1. 1. Definitions
The terms used herein, unless the context hereof shall require
otherwise, shall have the same meanings when used herein as
assigned to them in the Trust Indenture unless the context or use
thereof indicates another or different meaning or intent.
1.2 . Legal Authorization
The City is a political subdivision of the State of Colorado
and, in the opinion of Bond Counsel, is authorized under the Act
to finance the Project herein referred to, and to issue and sell
the Bonds for the purpose, in the manner and upon the terms and
conditions set forth in the Act and in this Ordinance.
1. 3 . Findings
The Council, based on the representations of the Company, has
heretofore determined and found, and does hereby determine and
find, as follows:
3 -
(a) In authorizing the Project the City's purpose is,
and in its judgment the effect thereof will be, the promotion
and development of trade and other economic activities within
the City by inducing the Company to acquire and construct
facilities in the City and to secure and maintain a balanced
and stable economy within the City;
(b) The amount estimated to be necessary to finance the
Project Costs, including the costs and estimated costs
permitted by the Act, will require the issuance of the Bonds
in the principal amount of $2, 150, 000 as hereinafter provided;
(c) It is desirable, feasible and consistent with the
objects and purposes of the Act to issue the Bonds, for the
purpose of financing the construction of the Project;
(d) The Bonds and the interest accruing thereon shall
never constitute the debt or indebtedness of the City within
the meaning of any provision or limitation of the constitution
or statutes of the State of Colorado or the Home Rule Charter
of the City of Fort Collins, Colorado, and shall not
constitute nor give rise to a pecuniary liability of the City
or a charge against its general credit or taxing powers;
(e) Pursuant to Sections 113 and 114 of the Act the City
hereby determines: (i) the total amount necessary in each year
to pay the principal of and interest on the Bonds is as more
particularly set forth in the Indenture, and (ii) since the
Loan Agreement provides that the Company shall maintain the
Project and carry all proper insurance with respect thereto,
no determination of the estimated cost of maintaining the
Project need be made; and
(f) Pursuant to Section 120 of the Act, the City hereby
determines that the revenues of the Company will be sufficient
4 -
to, and that the Loan Agreement provides that the Company
shall, pay all taxes which may be due and owing with respect
to the Project.
1.4 . Authorization and Ratification of Project
The City hereby authorizes the Company to provide for the
acquisition, construction and installation of the Project by such
means as shall be available to the Company and in the manner
determined by the Company.
1.5. Election by Issuer
The City hereby elects, with respect to the Bonds, to be
within the limitation imposed by the provisions of Section
144 (a) (4) (A) of the Internal Revenue Code of 1986, as amended (the
"Code") and the Clerk of the Issuer is hereby directed to keep this
election in such person's official records of the proceedings of
Council, and any and all acts heretofore taken pertaining to such
election and relating to such requirements are hereby ratified and
confirmed.
1. 6. Approval Pursuant to Section 147 (f) of the Code
For purposes of complying with Section 147 (f) of the Code,
this Council has heretofore conducted a public hearing with respect
to the Project and the use of proceeds of the Bonds, notice of
which hearing was published at least 14 days prior thereto for
purposes of approving the issuance of the Bonds in the maximum
aggregate principal amount of $2, 150, 000 and the use of the
proceeds to finance the costs of the acquisition, renovation,
equipping and installation of manufacturing facilities which
facilities are owned and operated by the Company and used by the
Company in the manufacture of plastic fittings and related
products.
5 -
ARTICLE II
BONDS
2 . 1. Issuance and Sale of Bonds: Interest Rates
The Issuer shall issue its Industrial Development Revenue
Bonds, Series 1992 (The Value Plastics, Inc. Project) to be dated
June 1, 1992 , in a principal amount not to exceed $2, 150, 000, for
the purpose, in the form and upon the terms set forth in the Bonds
and the Indenture. The Bonds shall be subject to redemption as set
forth in the Indenture. The Bonds shall be sold to the Underwriter
pursuant to the terms of the Bond Purchase Agreement.
The Bonds shall be numbered consecutively from 11R-1" upward,
shall be issued in denominations of $5, 000 or any integral multiple
thereof and shall be June 1, 1992 . Interest on the Bonds shall be
payable commencing on December 1, 1992, and thereafter on June 1
and December 1 of each year until maturity. Each Bond shall bear
interest until the principal sum thereof has been paid; provided,
however, that if Bonds have been called for redemption and funds
are available for the payment on the redemption date thereof in
full accordance with the terms of this Ordinance and the Indenture,
the Bonds shall then cease to bear interest.
The Bonds shall mature on the lst day of December in the
principal amounts and years, and shall bear interest at the per
annum rates shown in the following schedule:
6 -
Maturity Dates Principal Interest
(June 1) Amounts Rates
1993 $ 85, 000 6.00
1994 90, 000 6. 10
1995 95, 000 6. 20
1996 100, 000 6. 30
1997 110, 000 6. 40
1998 115, 000 6. 50
2012 1, 555, 000 6. 60
The maximum net effective interest rate authorized for the Bonds
is eight percent (8%) per annum. The actual net effective interest
rate on the Series 1992 Bonds is 6.80465% per annum.
The City hereby authorizes the distribution of a Preliminary
Official Statement and an Official Statement pertaining to the
Bonds, in substantially the form submitted to the City, but with
such changes as the Director of Finance may approve; provided,
however, that the City does not warrant or represent that any
information contained in the Official Statement is true and correct
in all material respects or that such information does not contain
any untrue or misleading statement of a material fact or omit to
state any material fact necessary to be stated therein in order to
make the statements therein, in the light of the circumstances
under which they were made, not misleading.
7 -
ARTICLE III
GENERAL COVENANTS
3 . 1. Payment of Principal and Interest
The principal and interest are payable solely from and secured
by revenues and proceeds derived from the Project and payable
pursuant to the Indenture, the Loan Agreement, the Company Note,
and the Letter of Credit; and nothing in the Bonds or in this
Ordinance shall be considered as assigning, pledging or otherwise
encumbering any funds or assets of the City.
3 .2. Performance of and Authority for Covenants
The City covenants that it will faithfully perform at all
times any and all covenants, undertakings, stipulations and
provisions contained in this Ordinance, the Indenture, the Loan
Agreement, in the Bonds executed, authenticated and delivered
hereunder and in all proceedings of the City Council pertaining
thereto; that it is duly authorized under the Constitution and laws
of the State of Colorado, including particularly and without
limitation the Act, to issue the Bonds authorized hereby, pledge
the revenues and assign the Loan Agreement and endorse the Company
Note in the manner and to the extent set forth in this Ordinance,
the Indenture, the Bonds and the Loan Agreement and Assignment of
Loan Agreement; that all action on its part for the issuance of
the Bonds and for the execution and delivery thereof has been duly
and effectively taken; and that the Bonds are and will be a valid
and enforceable obligation of the City according to the terms
thereof. In making these representations, the City relies upon the
opinion of Bond Counsel as to the truth of matters asserted and the
efficacy of actions taken.
8 -
3.3. Nature of Security
Notwithstanding anything contained in the Bond, the Indenture,
the Loan Agreement, the Bond Purchase Agreement, the Letter of
Credit or any other document referred to in this Ordinance, the
Bonds shall never constitute the debt or indebtedness of the City
within the meaning of any provision or limitation of the
constitution or statutes of the State of Colorado or Charter of the
City of Fort Collins, Colorado and shall not constitute nor give
rise to a pecuniary liability of the City or a charge against its
general credit or taxing powers; and the City, its agents, officers
and employees shall not be subject to any personal or pecuniary
liability thereon.
ARTICLE IV
MISCELLANEOUS
4 . 1. Facsimile Signatures
Pursuant to the Uniform Facsimile Signature of Public
Officials Act of the State of Colorado, Section 11-55-101 et sec . ,
C.R.S. , as amended, the Mayor, the City Clerk and the Finance
Director of the City shall forthwith, but in any event prior to the
time the Bonds are delivered to the purchasers thereof, file with
the Colorado Secretary of State their manual signatures, certified
by them under oath, using a suitable Facsimile Signature
Certificate for such purpose.
4.2 . CUSIP Numbers
Pursuant to recommendations promulgated by the Committee on
Uniform Security Identification Procedures and the requirements of
Rule G-34 of the Municipal Securities Rulemaking Board, "CUSIP"
9 -
identification numbers shall be imprinted on the Bonds, but such
numbers shall not constitute a part of the contract evidenced by
the Bonds, and no liability shall hereafter attach to the City or
any of the officers or agents thereof because of or on account of
said numbers. Any error or omission with respect to said numbers
shall not constitute cause for refusal by any person to accept
delivery of and pay for the Bonds nor shall it affect the validity
of such Bonds.
4 . 3 . Severability
If any provision of this Ordinance, except Section 3 .3 of
Article III hereof, shall be held or deemed to be, or shall, in
fact, be, inoperative or unenforceable as applied in any particular
case in any jurisdictions or in all cases because it conflicts with
any provisions of any constitution or statute or rule or public
policy, or for any other reason, such circumstances shall not have
the effect of rendering the provision in question inoperative or
unenforceable in any other case or circumstance, or of rendering
any other provision or provisions herein contained invalid,
inoperative or unenforceable to any extent whatever. The
invalidity of any one or more phrases, sentences, clauses or
paragraphs in this Ordinance, except Section 3 . 3 of Article III
hereof, shall not affect the remaining portions of this Ordinance
or any part hereof. In the event Section 3 . 3 . of Article III
hereof is held to be inoperative or unenforceable for any reason,
no other provision or section of this Ordinance shall be given
effect in any manner so as to impose any indebtedness or liability
upon the City.
4.4. Authorization to Execute Documents
The forms of the proposed Indenture, the Loan Agreement, the
Assignment of Loan Agreement, the Company Note and the Bond
Purchase Agreement are hereby approved in substantially the form
- 10 -
presented to the Council; and the Mayor and the City Clerk are
authorized to endorse the Company Note and execute the Loan
Agreement, the Indenture and the Assignment of Loan Agreement in
the name of and on behalf of the City and such other documents as
Bond Counsel considers appropriate in connection with the issuance
of the Bonds, including an IRS Form 8038. The City Manager or the
Assistant City Manager or the Director of Finance, in the absence
of the City Manager, is authorized to execute the Bond Purchase
Agreement on behalf of the City. The officials and officers of
the City specified in the Indenture are authorized to execute and
deliver the Bonds. In the event of the absence or disability of
the Mayor or the City Clerk, such officers of the City as, in the
opinion of the City Attorney, may act in their behalf, shall
without further act or authorization of the Council do all things
and execute all instruments and documents required to be done or
executed by such absent or disabled officers.
4. 5. Authority to Correct Errors Etc
The Mayor and the Clerk are hereby authorized and directed to
make or agree to any alterations, changes or additions in the
instruments hereby approved as the Mayor and the City Attorney deem
necessary or proper to accomplish the purposes of this Ordinance,
the signatures of the Mayor and the Clerk on the instruments to be
conclusive evidence of such approval; provided, however, no
alteration, change or addition shall be made which shall alter the
maximum net effective interest rate, denomination, date,
maturities, form, interest rates, registration privileges, manner
of execution, places of payment or terms of prepayment of the Bonds
or which shall increase the aggregate principal amount of the Bonds
authorized by the City Council or in any way give rise to a
pecuniary liability of the City or a charge against its general
credit or taxing powers with respect to the Bonds.
- 11 -
4.6. Further Authority
The Mayor and the City Clerk and other proper City officials,
and each of them, are hereby authorized to execute and deliver for
and on behalf of the City any and all additional certificates,
documents and other papers and to perform all other acts they may
deem necessary or appropriate in order to implement and carry out
the matters herein authorized.
4. 7. Repealer
All ordinances or parts thereof in conflict with this
ordinance are hereby repealed.
4. 8 . Ordinance Irrepealable• Amendments
After said Bonds are issued this Ordinance shall be and remain
irrepealable until said Bonds and the interest thereon shall have
been fully paid, satisfied and discharged. In the event this
Ordinance is amended, modified or changed in any manner, written
notice of same shall be given by the City to the Trustee.
4 .9. Recording and Authentication
This Ordinance, as adopted by the City Council, shall be
numbered and recorded, and the adoption and publication by title
shall be authenticated by the signatures of the Mayor and City
Clerk and by the certificate of the publisher, respectively.
Introduced, considered favorably on first reading and ordered
published by title this 19th day of May, 1992, and to be presented
for final passage on the 2nd day of June, 1992 .
- 12 -
(SEAL)
ATTEST: /
FL � L� City Clerk McAyor
Passed and adopted on final reading on this 2nd day of June, 1992 .
(SEAL)
ATTEST:
- ��
City Clerk k3 Mayor
13 -
Councilmember Maxey moved that the foregoing
ordinance heretofore introduced and read by title be approved on
first reading. Councilmember Edwards seconded the motion.
The question being upon the approval on first reading of the
Ordinance, the roll was called with the following results:
Councilmembers voting "AYE" : Susan Kirkpatrick, Mayor
Ann Azari Gerry Horak
Dave Edwards Loren Maxey
Cathy Fromme Bob Winokur
Councilmembers voting "NAY": None
The Mayor thereupon declared that, a majority of the
Councilmembers present having voted in favor thereof, the motion
was carried and the Ordinance duly approved on first reading.
Thereupon the Mayor ordered said ordinance published once by
number and title only together with a notice giving the date when
said Ordinance will be presented for final passage in The
Coloradoan, a newspaper of general circulation published in the
City, at least seven (7) days before presentation for final
passage.
After consideration of other business to come before the
Council, the meeting was adjourned.
(SEAL)
ATTEST:
, �,,�,/City Clec � Mayor
14 -
STATE OF COLORADO )
COUNTY OF LARIMER )
CITY OF FORT COLLINS)
The Council of the City of Fort Collins, Colorado, held a
regular meeting at City Hall, on Tuesday, the 2nd day of June,
1992 , at the hour of 6: 30 p.m.
The following persons were present:
Councilmembers: Susan Kirkpatrick, Mayor
Ann Azari Gerry Horak
Dave Edwards Loren Maxey
Cathy Fromme Bob Winokur
City Manager: Steve Burkett
City Clerk: Wanda Krajicek
The following persons were absent: None
The Mayor informed the Council that Ordinance No. 62 , 1992
which was introduced, approved on first reading, and ordered
published once by number and title only at a regular meeting of
the Council held on Tuesday, May 19, 1992, was duly published in
The Coloradoan, a newspaper of general circulation published in the
City, in its issue of Sunday , May 24 , 1992.
Councilmember Azari then read said Ordinance
by its title, and the amendments thereto.
Thereupon, Councilmember Azari moved the final
passage of Ordinance No. 62 , 1992, as amended, and the question
being upon the final passage of said Ordinance, the roll was called
with the following results:
Councilmembers voting "AYE" : Susan Kirkpatrick, Mayor
Ann Azari Gerry Horak
Dave Edwards Loren Maxey
Cathy Fromme Bob Winokur .
Councilmembers voting "NAY": None
- 15 -
The Mayor thereupon declared that the requisite majority of
the Councilmembers present having voted in favor thereof, the
motion was carried, and the Ordinance finally passed.
Thereupon the Mayor ordered said Ordinance, as amended,
published together with a notice of the final passage of the
Ordinance in The Coloradoan, a newspaper of general circulation
published in the City, within seven (7) days after said final
passage.
After consideration of other business to come before the
Council the meeting was adjourned.
(SEAL)
ATTEST:
City Clerk yor
City of Fort Collins, Colorado City of Fort Collins, Colorado
STATE OF COLORADO )
COUNTY OF LARIMER )
CITY OF FORT COLLINS)
I, Wanda M. Kraiicek , City Clerk of the City of Fort
Collins, Colorado, do hereby certify that the attached copy of
Ordinance No. 62 , 1992, is a true and correct copy; that said
Ordinance was introduced and approved on first reading by the
Council of the City of Fort Collins, Colorado, at a regular meeting
thereof held at City Hall, the regular meeting place thereof, on
Tuesday, the 19th day of May, 1992, that said Ordinance was finally
passed on second reading by said Council at a regular meeting
thereof held at City Hall, the regular meeting place thereof, on
Tuesday, the 2nd day of June, 1992, that a true copy of said
Ordinance has been authenticated by the signatures of the Mayor of
said City and myself as City Clerk thereof, sealed with the Seal
of the City, and numbered and recorded in a book marked "Ordinance
Record" kept for such purpose in my office; and that said Ordinance
was duly published by number and title only together with a
statement that the text thereof was available for public inspection
and acquisition in the office of the City Clerk and a notice giving
the date when said Ordinance would be presented for final passage
- 16 -
and again by number and title only together with a statement that
the text thereof was available for public inspection and
acquisition in the office of the City Clerk and a notice of the
final passage thereof in The Coloradoan, a newspaper of general
circulation published in the City, in its issues of Sunday,
May 24 , 1992 , and Sunday, June 7 , 1992, as evidenced
by the certificates of the publisher attached hereto at pages 13
and 14 . I further certify that the foregoing pages 1 through ,
inclusive, constitute a true and correct copy of the record of the
proceedings of said Council at its regular meetings of May 19,
1992, and June 2, 1992 , insofar as said proceedings relate to said
Ordinance; and that said proceedings were duly had and taken, that
the meetings were duly held; and that the persons were present at
said meetings as therein shown.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal
of the City of Fort Collins, Colorado this 8th day of June, 1992 .
��Cit�erk
City of Fort Collins, Colorado
STATE OF COLORADO )
COUNTY OF LARIMER )
CITY OF FORT COLLINS)
(Attach affidavit of publication of the Ordinance and notice giving
date when Ordinance to be presented for final passage. )
ded\veluep\idb\doc\bondord.4
- 17 -
FORT COLLINS
OLORADOAN
STATE OF COLORADO )
ss. AFFIDAVIT OF PUBLICATION
COUNTY OF LARIMER )
p'
Robin K.Hause being duly sworn,deposes and says that said is the legal clerk of The Colora-
doan; that the same is a daily newspaper of general circulation and printed and published in the City of Fort Collins, in
said county and state;that the notice or advertisement,of which the annexed is a true copy, has been published in said
daily newspaper for
1 consecutive (days) (4gs); that the notice was published in the regular and entire issue of every number of
said newspaper during the period and time of publication of said notice, and in,the newspaper proper and not in a
supplement thereof;that the first publication of said notice was contained in the issue of said newspaper on the
24th day of May A.D. 1992 that the last publication thereof was
contained in the issue of said newspaper on the
24th day of May , A.D. 1992 that said The Coloradoan has
been published continuously and uninterruptedly during the period of at least six months next prior to the first
publication of said notice or advertisement above referred to;that said newspaper has been admitted to the United States
mails as second-class matter under the provisions of the Act of March 3, 1879,or any amendments thereof;and that said
newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the
laws of the State of Colorado.
1<gal❑nk
Subscribed and sworn to before me,within the County of Larimer,State of Colorado this
24th dayof May A.D. 1992
My commission expires October 16, 1995
Nolan Public
City of Fort Collins
City Clerk
Delivered to: Legal No.
15282
NOTICE
NOTICE IS HEREBY GIVEN
that the I"art Collins City Council,
on Tuesday,May.M.1992 passed
rnd adopted line following orpi
Lance on first reading and
a'dared its publication by title
( ly, with said ordinance to be
presented for final passage on
Pme 2,1^'l2. The lull text of said
o'dinance Is ayallable for public
i13ppee<tin". and acquisition in the
o I Cie of ll,<City Clerk.
OROC IANCE NO.6211999
P.N ORD''NANCE RELATING
TO THE ISSUANCE OF'INDUS
T RIAL DC:VELOPMENT REVE
hUE BONDS UNDER;THE..PRO
VISIONS OF THE COLORADO
COUNTY AND-MUNICIPALITY
OEVELCPMENT REVENUE
JOND ACTT-PROVIDING FOR
THE ISSUANCE AND SALE,OP
CITY OF FORT COLWNSPCOIL
ORADO, NDUSTRIAL DEVEL
OPMENT REVENUE'BONDS,
SERIES 1999 (FFN'.ely UE
PLASTIC'•, INC.pkOJBCT �IN
THE PRICIPAL'AMOUNT OF
f9,190,40T FOR THE PURPOSE
OF LOf NINO FUNDS TO
SAMPSO;1 PARTNERSHIP TO
FINANO. IMPfOVEMENTS
RTLATI` 3 JQ ppC011ll CpplNG,
IMPROV TIN
INSTALL NG AND EOUIPPIG
A MANUFAZTURIN6'FAC3
ITY-IN F TR COLL11f'1I1N3gE;CpQ
AVT°HOP iii t litftE ,
T ION At DELIVERY DF A
'rRUST, NOENTURe'.PROM
I DE CI I TO CENTRAL SA X
NATIONAL ASSO,CIXTIOV.,
T P.USTEL'; APPROVING,A,ND
AU THORIlIN6:THl? EXE, T.
I ION AN.'1 ASSIGNMENT OP A
LDAN AGREEMENT°AND
NOTE BETWEEN SAMPSON
PARTNr SKIP AND"TNE
CITY; AND.AUTHORIZING
THE PPEPARATION;qq ND
EXECUTIONoOF CIRRPAIN
RELATED DOCUMENTS AND
INSTRUMENj -
LWadBlA1.Kr
CItY Clerk
For'f'tlIIImYCaT6Y�FtldA41°91YII1/4
Mry 241992 "t c' -'i
FORT COLLINS
OLORADOAN
STATE OF COLORADO )
) SS. AFFIDAVIT OF PUBLICATION
COUNTY OF LARIMER )
Robin K.Hause being duly sworn, deposes and says that said is the legal clerk of The Colora-
doan;that the same is a daily newspaper of general circulation and printed and published in the City of Fort Collins, in
said county and state;that the notice or advertisement,of which the annexed is a true copy, has been published in said
daily newspaper for
1 consecutive(days)(* ); that the notice was published in the regular and entire issue of every number of
said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a
supplement thereof;that the first publication of said notice was contained in the issue of said newspaper on the
7th day of June A.D. 19 92 : that the last publication thereof was
contained in the issue of said newspaper on the
7th day of June A.D. 1992 that said The Coloradoan has
been published continuously and uninterruptedly during the period of at least six months next prior to the first
publication of said notice or advertisement above referred to;that said newspaper has been admitted to the United States
mails as second-class matter under the provisions of the Act of March 3, 1879,or any amendments thereof;and that said
newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the
laws of the State of Colorado. ✓�/
Ugd C ,k
Subscribed and sworn to before me,within the County of Larimer,State of Colorado this
7th day of June ,A.D. 1992
My commission expires October 16, 1995
N.U,Public
City of Fort Collins
City Clerk
P.O. Box 580
Fort Collins, CO 80522-0580
Delivered to: Legal No. ��3�q
NOTICE IS HEREBY GIVEN)that the FOFI Collins City Cod"
,it, on TuestlaY, June t, 1992
Passed and adnpted the tollowinq.
ordinances on secontl reatlinq:
OF OTRNANCE NO COUNCIL SIJF�
HE THE'
CITY OF FORT COI.LIN$
A PPROPRIAIING S600,000
!FROM THE SPECIAL ASSESS
MENTS DEBT SERVICE FUND
FOR EXPENDITURE IN 1992
ORDINANCE NO.51,1"2
OF THE COUNCIL OF THE
CITY OF FORT COLLINS
AUTHORIZING THE MAYOR
TO EXECUTE A DELO OF
CONVEYANCE FOR THE SALE
OF THE NORTH 50 FEET OF
LOT 13 1N BLOCK 178 CITY OF
FORT COLLINS FOR THE
AMOUNT OF$1,676
ORDINANCE NO,61,1992
OF THE COUNCIL OF THE
CITY OF FORT COLLINS
AUTHORIZING THE LEASE OF
A"CORPORATE LOT"AT THE
FORT COLLINS-LOVELAND
MUNICIPAL AIRPORT
ORDINANCE NO.62,1992
RELATING TO THE ISSUANCE
OF INDUSTRIAL OFVELOP
VENT REVENUE BONDS
UNDER THE PROVISIONS OF
THE COLORADO COUNTY
AND MUNICIPALITY DEVEL,
OPMENT REVENUE BOND
ACT: PROVIDING FpR THE
ISSUANCE AND SALE OF CITY
OF FORT COLLINS, COL?RADO, INDUSTRIAL DEVE
SERE S 1992
V ENHE VALUE
PLASTICS. INC. PROJECT) IN
THE PRINCIPAL AMOUNT OF
50,150,000 FOR THE PURPOSE
OF LOANING FUNDS TO,
SAMPSON PARTNERSHIP TO
FINANCE IMPROVEMENTS
RELATING TO ACQUIRING,
IMPROVING, CONSTRUCT
ING, INSTALLING AND
EQUIPPING A MANUFACT'UR
ING FACILITY IN FORT COL
LINS, COLORADO; APPROV
ING AND AUTHORIZING THE
EXECUTION AND DELIVERY
OF A TRUST INDENTURE
FROM THE CITY TO CENTRAL
BANK NATIONAL ASSOCIA-
TION,ASTRUXTEE:APPROV.
ING AND AUT140RIZING THE
EXECUTION AND ASSIGN
MI4NT OF A LOAN AGREEMFNT -
ISET
$AA4PSONN PAR TN ERSHIF
AND THE CITY: AND
AUTHORIZING THE PREPA-
RATION AND EXECUTION OF
CERTAIN RELATED DOCF
MEN TSAND IN STRUMENT S.
0,
D THEN cNOUNCIOL 60F THE
CITY OF FORT COLLINS
AMENDING CERTAIN SEC
TIONS OF THE CODE OFT E
CITY OF FORT CULLINS PER
TAIN ING TO THE ENFORC E
MIF FSPEC IgLIMPROVE,
MENT DISTRICT,LIENS
I ORDINANCE NO:66,1g92
OF THE COUNCIL OF THg
CITY OF FORT COLLINS
AUTHORIIING THE SALE OF
REAL ' PROPERTY
S ESCRIBEDA5 LOTS 1
T HROUCH IS AND TRACTC OF
HORSETOOTH COMMONS PVD
s/Wa}tl}.M.Kralicek
Fort Collins CPIgadoen i 19329Chid
June 1,199t