HomeMy WebLinkAbout159 - 11/20/1984 - AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION WATER BONDS, SERIES 1984, DATED NOVEMBER 1, 1984, IN CERTIFIED RECORD
OF
PROCEEDINGS OF THE COUNCIL OF
THE CITY OF FORT COLLINS , COLORADO
RELATING TO AN ORDINANCE
AUTHORIZING THE ISSUANCE OF ITS
GENERAL OBLIGATION WATER BONDS
SERIES 1984
DATED NOVEMBER 1 , 1984
IN THE AGGREGATE PRINCIPAL AMOUNT OF $7, 750 , 000
Odd
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f
STATE OF COLORADO )
COUNTY OF LARIMER ) ss.
CITY OF FORT COLLINS )
The Council of the City of Fort Collins , Colorado ,
reconvened its adjourned regular meeting of October 16, 1984, at
Council Chambers , City -Hall, 300._.LaPo.rte Avenue , Fort Collins ,
Colorado , on Tuesday, the 30th day of October , 1984 , at the hour
of 5 : 30 p.m. _
The following persons were present-:
Council tlembergj: -- _----CL-rald._C.__.Borak, Mayor
E. John Clarke, Assistant Mayor
_ William_E1.l.iott
John B. Knezovich
__Kelly Ohlson
Barbara Rutstein
Ed_Sto__er_ -
City Manager : _-__John__E_._Arnold
City Clerk : Wanda M . Krajicek
The following persons were absent :
None
Council Member Ohl son introduced the
following Ordinance, which was read by title, copies of the full
Ordinance having been available in the office of the City Clerk
at least forty-eight (48) hours prior to the time said Ordinance
was introduced for each Council Member and for inspection and
copying by the general public :
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ORDINANCE NO. 159 , 1984
AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF
FORT COLLINS , COLORADO, GENERAL OBLIGATION WATER
BONDS , SERIES 1984 , DATED NOVEMBER 1 , 1984, IN
THE AGGREGATE PRINCIPAL AMOUNT OF $7, 750 , 000,
FOR THE PURPOSE OF PROVIDING IMPROVEMENTS TO THE
EXISTING WATER SYSTEM OF THE CITY; AND PROVIDING
FOR THE LEVY OF AN AD VALOREM TAX AND FOR THE
PLEDGE OF THE NET REVENUES DERIVED FROM THE
OPERATION OF THE WATER SYSTEM' TO PAY THE
PRINCIPAL OF AND INTEREST ON SAID BONDS .
WHEREAS , there is a need for the City of Fort Collins ,
Colorado (the City) , to provide improvements (the Improvements)
to the existing water system (the Water System) of the City in
order to supply water to the City and the inhabitants thereof;
and
WHEREAS , pursuant to Colorado Constitution art. XI , sec. 6,
and Art. V, Section 20. 2 of the Charter of the City, the Council
(the Council) of the City has determined, and does hereby
determine , to issue at this time its general obligation water
bonds in the aggregate principal amount of $7, 750, 000 for the
purpose of providing P
the Improvements to the Water System in
order to supply water to the City and the inhabitants thereof;
and
WHEREAS, the City has heretofore mailed Official Notice of
Bond Sale with respect to the City of Fort Collins , Colorado,
General Obligation Water Bonds , Series 1984 , dated November 1 ,
1984, in the aggregate principal amount of $7, 750, 000 (the
Bonds) ; and
WHEREAS , sealed bids for the Bonds were received and opened
by the City Finance Director on October 30, 1984 , and it was
determined that Northern Trust Company, Chicago , Illinois (the
Purchaser) , was the lowest and best bidder therefor ; and
WHEREAS , it is now necessary that the Council award the sale
of the Bonds to the Purchaser and authorize the issuance of the
Bonds in conformity with the Purchaser ' s bid.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS ,
COLORADO, AS FOLLOWS :
1. Award of Contract . The contract for the purchase of
the Bonds is hereby awarded to the Purchaser at the price
specified in the Purchaser ' s bid and upon the terms set forth in
this ordinance (the Ordinance) .
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2. Authorization and Description of Bonds. For the
purpose of providing the Improvements to the Water System in
order to supply water to the City and the inhabitants thereof ,
together with----all - necessary_— incidental and appurtenant
properties , facil-ities , equipment and costs , pursuant to
Colorado Constitution art. XI , sec . 6, and Art. V, Section 20. 2
of the Charter of the City, the City shall issue the Bonds.
The Bonds shall be issued in fully registered form in
denominations of $5, 000 or any integral multiple thereof,
provided that no Bond shall be issued in any denomination larger
than the aggregate principal amount maturing on the maturity
date of such Bond.
Pursuant to the recommendations of the Committee on Uniform
Security Identification Procedures , CUSIP numbers may be printed
on the Bonds.
The Bonds shall mature on December 1 in each of the
following years and principal amounts and shall bear per annum
interest from November 1, 1984, or the interest payment date to
which interest has been paid next preceding their respective
dates, whichever is later , to their respective maturity dates ,
except if redeemed prior thereto, at the following interest
rates :
Principal Per Annum
Years Amounts Interest Rate
1988 $130, 000 7. 50%
1989 135, 000 7. 75
1990 145, 000 8. 00
1991 155, 000 8 . 25
1992 170, 000 8. 50
1993 180, 000 8. 70
1994 195, 000 8. 90
1995 215, 000 9. 10
1996 235, 000 9. 25
2004 2, 880, 000 10. 00
2009- 3, 310, 000 10. 00
Said interest shall be payable on June 1 , 1985, and semiannually
thereafter on the lst day of December and the 1st day of June of
each year . If upon presentation at maturity the principal of
any Bond is not paid as provided herein, interest shall continue
thereon at the same interest rate until the principal is paid in
full.
3. Maximum Net Effective Interest Rate. The maximum net
effective interest rate for the Bonds is 15% per annum. The
actual net effective interest rate for the Bonds is 9. 99978% per
annum.
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4. Nature of Obligation. The Bonds shall be general
obligations of the City and shall be payable from general ad
valorem taxes and water revenues as provided herein.
5. Pavment of Principal , Interest and Premium. The
principal of , interest on , and any premium due in connection
with the redemption of the Bonds shall be payable in lawful
money of the United States of America to the registered owners
of the Bonds by the Finance Director of the Citv, who is hereby
designated the paying agent for the Bonds. The principal and
the final interest shall be payable to the registered owner of
each Bond upon presentation and surrender thereof at maturity or
upon prior redemption. Except as heretofore and hereinafter
provided , the interest shall be payable to the registered owner
of each Bond determined as of the close of business on the
regular record date, which shall be the fifteenth (15th) day of
the calendar month next preceding the interest payment date ,
irrespective of any transfer of ownership of the Bond subsequent
to the regular record date and prior to such interest payment
date , by check or draft mailed to such registered owner at the
address appearing on the registration books of the City
maintained by the City Clerk , who is hereby designated the
registrar for the Bonds. Any interest not paid when due and any
interest accruing after maturity shall be payable to the
registered owner of each Bond entitled to receive such interest
determined as of the close of business on the special record
date, which shall be fixed by the City for such purpose ,
irrespective of any transfer of ownership of the Bond subsequent
to such special record date and prior to the date fixed by the
City for the payment of such interest , by check or draft mailed
as aforesaid. Notice of the special record date and of the date
fixed for the payment of such interest shall be given by sending
a copy thereof by certified or reqistered first-class postage
prepaid mail, at least ten (10) days prior to the special record
date , to the Purchaser and to the registered owner of each Bond
upon which interest will be paid determined as of the close of
business on the day preceding such mailing , at the address
appearing on the registration books of the City. Any premium
shall be payable to the registered owner of each Bond upon
presentation and surrender thereof upon prior redemption.
If the paying agent or registrar initially appointed
hereunder shall resign , or if the City shall reasonably
determine that said paying agent or registrar 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 paying agent or registrar , or both. Every such
successor paying agent or registrar 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
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paying agent _a_ nd_ registrar___hereunder , but the City shall have
the right to have the same institution serve as both paying
agent and registrar hereunder.
6. Redemption of Bonds . Bonds maturing in the wears 1995,
1996 , 2004 and 2009 shall be subject to optional redemption
prior to their respective maturity dates , in whole or in part ,
in inverse order of maturity and by lot within a maturity, on
December 1, 1994, and on any interest payment date thereafter ,
at a price equal to the principal amount of each Bond so
redeemed plus accrued interest thereon to the redemption date
plus a premium expressed. as a percentage of the principal amount
of each Bond so redeemed , depending on the redemption date, as
follows :
Redemption Date Premium
December 1 , 1994 and June 1, 1995 2. 5%
December 1 , 1995 and June 1, 1996 2. 0%
December 1 , 1996 and June 1 , 1997 1. 5%
December 1 , 1997 and June 1 , 1998 1. 0%
December 1 , 1998 and June 1 , 1999 0. 50
December 1 , 1999 and Thereafter None
Bonds maturing in the year 2004 shall also be subject to
mandatory sinking fund redemption prior to their maturity date ,
by lot , on the dates specified below at a price equal to the
principal amount of each Bond so redeemed plus accrued interest
thereon to the redemption date. Such Bonds shall be redeemed on
December 1 in each of the following years in each of the
following aggregate principal amounts :
Years Principal Amounts
19-97 $255, 000
_ 1998 280, 000
1999 305, 000
2000 335, 000
2001 365., 000
2002 405, 000
2003 445, 000
2004 490, 000
Bonds maturing in the year 2009 shall also be subject to
mandatory sinking fund redemption prior to their maturity date ,
by lot , on the dates specified below at a price equal to the
principal amount of each Bond so redeemed plus accrued interest
thereon to the redemption date. Such Bonds shall be redeemed on
December 1 in each of the following years in each of the
following aggregate principal amounts:
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Years Principal Amounts
2005 $540, 000
2006 595, 000
2007 655, 000
2008 720, 000
2009 800, 000
The Bonds shall also be subject to extraordinary redemption
prior to their respective maturity dates if the City determines
that there is no longer a need for all or a portion of the
Improvements to the water System and if the City has sufficient
funds available to effect such redemption, in whole or in part
by calling as nearly as practicable a pro rata share of the
Bonds due on each maturity date by lot within such maturity, on
December 1, 1987, at a price equal to the principal amount of
each Bond so redeemed plus accrued interest thereon to the
redemption date. In the case of an extraordinary redemption in
part , the amounts of the mandatory sinking fund installments due
with respect to Bonds maturing in the years 2004 and 2009 shall
be reduced as nearly as practicable on a pro rata basis.
Bonds issued in denominations which are integral multiples
of $5, 000 may be redeemed in part. Such Bonds shall be treated
as representing a correspondinq number of separate Bonds in the
denomination of $5, 000 each. Any such Bond to be redeemed in
part shall be surrendered for partial redemption in the manner
hereinafter provided for transfers of ownership. Upon payment
of the redemption price of any such Bond redeemed in part the
registered owner thereof shall receive a new Bond or Bonds of
authorized denominations in aggregate principal amount equal to
the unredeemed portion of the Bond surrendered.
Notice of redemption shall be given by the Finance Director
of the City in the name of the City by sending a copy thereof by
certified or registered first-class postage prepaid mail, at
least thirty (30) days prior to the redemption date, to the
Purchaser and to the registered owner of each of the Bonds being
redeemed determined as of the close of business on the date
preceding the first mailing of such notice , at the address
appearing on the registration books of the City. Such notice
shall specify the number or numbers of the Bonds to be redeemed ,
whether in whole or in part, and the date fixed for redemption
and shall further state that on the redemption date there will
be due and payable upon each Bond or part thereof so to be
redeemed the principal amount or part thereof plus accrued
interest thereon to the redemption date plus any premium due,
and that from and after such date interest will cease to
accrue . Failure to mail any notice as aforesaid or any defect
in any notice so mailed with respect to any Bond shall not
affect the validity of the redemption proceedings with respect
to any other Bond. Any Bonds redeemed prior to their respective
maturity dates by call for prior redemption or otherwise shall
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not be reissued and shall be cancelled the as Bonds paid at
or after maturity.
7. Execution of Bonds. The Bonds shall .be executed by and
on behalf of the City with the facsimile signature of the Mayor ,
shall bear a facsimile of the seal of the City, shall be
attested with the facsimile signature of the City Clerk , and
shall be countersigned with the manual signature of the Finance
Director of the City. Should any officer whose facsimile or
manual signature appears on the Bonds cease to be such officer
before issuance and delivery of any Bond, such facsimile or
manual 'signature shall- -nevertheless be_ valid and sufficient for
all purposes.
8. Registration Transfer and Exchanq-e of Bonds. Upon
their execution and prior to their delivery the Bonds shall be
registered for the purpose of payment of principal and interest
in the office of the City Clerk , who is hereby designated as the
transfer agent for the Bonds. Thereafter , the Bonds shall be
transferable only upon the registration books of the City at the
office of the City Clerk at the request of the registered owner
thereof or his or its duly authorized attorney-in-fact or legal
representative. The City Clerk shall accept a Bond for
registration or transfer only if the registered owner is to be
an individual , a corporation, a partnership , or a trust. A Bond
may be transferred upon surrender thereof together with a
written instrument of transfer duly executed by the registered
owner or his or its duly authorized attorney-in-fact or legal
representative with guaranty of signature satisfactory to the
City Clerk , containing written instructions as to the details of
the transfer , along with the social security number or federal
employer identification number of the transferee and , if the
transferee is a trust , the names and social security numbers of
the settlor and the beneficiary of the trust. Transfers shall
be made without charge except that the City Clerk may require
payment of a sum sufficient . to defray any tax or other
governmental charge that may hereafter be imposed in connection
with any transfer of Bonds . No registration or transfer of any
Bond shall be effective until entered on the registration books
of the City maintained by the City Clerk . The City Clerk shall
deliver to the new registered owner a new Bond or Bonds of the
same aggregate principal amount , maturing in the same year , and
bearing interest at the same per annum rate as the Bond or Bonds
surrendered. Such Bond or Bonds shall be dated as of their date
of execution by the Finance Director of the City. The City
Clerk shall not be required to transfer ownership of any Bond
during the fifteen (15) days prior to the first mailing of any
notice of redemption or to transfer ownership of any Bond
selected for redemption on or after the date of such mailing.
The registered owner of any Bond or Bonds may also exchange such
Bond or Bonds for another Bond or Bonds of authorized
denominations . New Bonds delivered upon any transfer or
exchange shall be valid obligations of the City, evidencing the
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same debt as the Bonds surrendered, shall be secured by this
Ordinance , and shall be entitled to all of the security and
benefits hereof to the same extent as the Bonds surrendered.
The City may deem and treat the person in whose name any Bond is
last registered upon the books of the City as the absolute owner
thereof for the purpose of receiving payment of the principal of
and interest on such Bond and for all other purposes , and all
such payments so made to such person or upon his order shall be
valid and effective to satisfy and discharge the liability of
the City upon such Bond to the extent of the sum or sums so
paid , and the City shall not be affected by any notice to the
contrary.
9. Lost Bonds. If any Bond shall have been lost ,
destroyed or wrongfully taken, the City shall provide for the
replacement thereof in the manner set forth and upon receipt of
the evidence , indemnity bond and reimbursement for expenses
provided in Ordinance No. 80, 1984, adopted by the Council on
July 17, 1984.
10. Form of Bonds. The Bonds shall be in substantially the
following form:
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(Form of Bond]
(Text of Face)
UNITED- STATES OF` AMERICA`
STATE OF COLORADO COUNTY OF LARIMER
CITY OF FORT COLLINS
GENERAL OBLIGATION WATER BOND
SERIES 1984
No. R- $
Interest Maturity Original
Rate Date Date CUSIP
December 1, November 1 , 1984
REGISTERED OWNER:
PRINCIPAL SUM :
The City of Fort Collins , in the County of Larimer and State
of Colorado, for value received , hereby acknowledges itself
indebted and promises to pay to the Registered Owner (specified
above) , or registered assigns , the Principal Sum (specified
above) , in lawful money of the United States of America , on the
Maturity Date (specified above) , with interest thereon from
November 1 , 1984, or the interest payment date to which interest
has been paid next preceding the date hereof , whichever is
later , to the Maturity Date, except if redeemed prior thereto,
at the per annum Interest Rate (specified above) , payable
semiannually on the lst day of June and the lst day of December
of each year , commencing on June 1 , 1985 , or the first such date
after the date hereof , whichever is later , in the manner
provided herein . If upon presentation at maturity payment of
the Principal Sum of this Bond is not made as provided herein,
interest shall continue at the Interest Rate until the Principal
Sum is paid in full.
REFERENCE IS HEREBY 24ADE TO THE FURTHER PROVISIONS OF THIS
BOND SET FORTH ON THE REVERSE HEREOF.
The full faith and credit of the City of Fort Collins, in
the County of Larimer and State of Colorado, is hereby pledged
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i
for the punctual payment of the principal of and interest on
this Bond.
IN WITNESS WHEREOF, the City Council of the City of Fort
Collins , Colorado, has caused this Bond to be executed in its
name and on its behalf with the facsimile signature of the Mayor
of the City, to be sealed with a facsimile seal of the City, to
be attested with the facsimile signature of the City Clerk of
the City, and to be countersigned with the manual signature of
the Finance Director of the City.
CITY OF FORT COLLINS , COLORADO
(FACSIMILE) By: (Facsimile Signature)
( SEAL ) Mayor
ATTEST:
(Facsimile Siqnature)
City Clerk
Countersigned :
(Manual Signature)
Finance Director
DATED:
ABBREVIATIONS
The following abbreviations , when used in the inscription on
the face of this Bond , shall be construed as though they were
written out in full according to applicable laws or regulations.
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with the right of
survivorship and not as tenants in
common
UNIF GIFT MIN ACT - Custodian
Cust) Minor
under Uniform Gift to Minors Act
(State)
Additional abbreviations may also be used
though not on the above list.
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(Text of Reverse
Bonds of this issue maturing in the years 1995, 1996, 2004,
and 2009 are subject to optional redemption prior to their
respective maturity dates , in whole or in part , in inverse order
of maturity and by lot within a maturity, on December 1, 1994,
and on any interest payment date thereafter , at a price equal to
the principal amount of each Bond so redeemed plus accrued
interest thereon to the redemption date plus a premium expressed
as a percentage of the principal amount of each Bond so
redeemed , depending on the redemption date , as follows :
Redemption Date Premium
December 1 , 1994 and June 1 , 1995 2. 5%
December 1 , 1995 and June 1, 1996 2. 0%
December 1 , 1996 and June 1 , 1997 1. 50
December 1 , 1997 and June 1 , 1998 1. 0%
December 1 , 1998 and June 1 , 1999 0. 50
December_ l,1999 and Thereafter None
Bonds of this issue maturing in the year 2004 are also
subject to mandatory sinking fund redemption prior to their
maturity date, by lot , on the dates specified below at a price
equal to the principal amount of each Bond so redeemed plus
accrued interest thereon to the redemption date. Such Bonds are
to be redeemed on December 1 in each of the following years in
each of the following aggregate principal amounts :
Years Principal Amounts
1997 $255 , 000
1998 280 , 000
1999 305 , 000
2000 335 , 000
2001 365 , 000
2002 405 , 000
2003 445 , 000
2004 490, 000
Bonds of this issue maturing in the year 2009 are also subject
to mandatory sinking fund redemption prior to their maturity
date, by lot , on the dates specified below at a price equal to
the principal amount of each Bond so redeemed plus accrued
interest thereon to the redemption date. Such Bonds are to be
redeemed on December 1 in each of the following years in each of
the following aggregate principal amounts :
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Years Principal Amounts
2005 $540, 000
2006 595, 000
2007 655 , 000
2008 720, 000
2009 800, 000
The Bonds of this issue are also subject to extraordinary
redemption prior to their respective maturity dates if the City
determines that there is no longer a need for all or a portion
of the financed facilities and if the City has sufficient funds
available to effect such redemption , in whole or in part by
calling as nearly as practicable a pro rata share of the Bonds
due on each maturity date by lot within such maturity, on
December 1 , 1987, at a price equal to the principal amount of
each Bond so redeemed plus accrued interest thereon to the
redemption date. In the case of an extraordinary redemption in
part , the amounts of the mandatory sinking fund installments due
with respect to Bonds maturing in the years 2004 and 2009 are to
be reduced as nearly as practicable on a pro rata basis.
This Bond may be redeemed in part if issued in a
denomination which is an integral multiple of $5, 000. In such
case this Bond shall be surrendered in the manner provided for
transfer of ownership. Upon payment of the redemption price the
Registered Owner shall receive a new Bond or Bonds of authorized
denominations in aggregate principal amount equal to the
unredeemed portion of this Bond.
The principal of, interest on, and any premium due in
connection with the redemption of this Bond are payable to the
Registered Owner by the Finance Director of the City, as paying
agent. The principal and the final interest are payable to the
Registered Owner upon presentation and surrender of this Bond at
maturity or upon prior redemption. Except as heretofore or
hereinafter provided , the interest is payable to the Registered
Owner determined as of the close of business on the regular
record date , which shall be the fifteenth (15th) day of the
calendar month next preceding the interest payment date,
irrespective of any transfer of ownership hereof subsequent to
the regular record date and prior to such interest payment date,
by check or draft mailed to the Registered Owner at the address
appearing on the registration books of the City. Any interest
hereon not paid when due and any interest hereon accruing after
maturity is payable to the Registered Owner determined as of the
close of business on the special record date, which shall be.
fixed by the City for such purpose , irrespective of any transfer
of ownership of this Bond subsequent to such special record date
and prior to the date fixed by the City for the payment of such
interest , by check or draft mailed as aforesaid. Notice of the
special record date and of the date fixed for the payment of
such interest shall be given by sending a copy thereof by
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certified or registered first-class postage prepaid mail, at
east ten---CID) days prior to the - special record date, to
Northern Trust Company, Chicago, Illinois , and to the registered
owner of each Bond upon which interest will be paid determined
as of the -close of business on the day preceding such mailing ,
at the address appearing on the registration books of the City.
Any premium is payable to the Registered Owner upon presentation
and surrender of this Bond upon prior redemption.
Notice of redemption of any Bonds shall be given by the
Finance Director of the City in the name -of the City by sending
a; copy of such notice by certified. or registered first-class
postage prepaid mail , at least thirty ( 30) days prior to the
redemption date , to Northern Trust Company, Chicago, Illinois,
and to the registered owner of each of the. Bonds being redeemed ,
determined_ as of the close of business on the day preceding the
first mailing of such notice, at the address appearing on the
registration books of the City. Such notice shall specify the
number or numbers of the Bonds to be redeemed , whether in whole
or in part , and the date fixed for redemption and shall further
state that on .the redemption date -there will be due and payable
upon each Bond or part thereof so to be redeemed the principal
amount or part thereof plus accrued interest thereon to the
redemption date plus any premium due, and that from and after
such date interest will cease to accrue. Failure to mail any
notice as aforesaid or any defect in any notice so mailed with
respect to any` Bond shall not affect the validity of the
redemption proceedings with respect to any other Bond.
This Bond is one of a series issued by the City Council of
the City of Fort Collins, Colorado , for the purpose of providing
improvements to the existng water system of the City in order to
supply water to the City and the inhabitants thereof , together
with all necessary incidental and appurtenant properties ,
facilities , equipment and costs , by virtue of and in full
conformity with the Constitution of the State of Colorado , the
Charter of the City, and all other laws of the State of Colorado
thereunto enabling , and pursuant to an ordinance of the City
duly adopted and made a law of the City prior to the issuance of
this Bond; and it is hereby recited , certified and warranted
that all the requirements of law have been fully complied with
by the proper officers of the City in issuing this Bond.
It is further hereby recited , certified and warranted that
the total indebtedness of the City, including that of this Bond ,
does not _ exceed any constitutional , charter or statutory
limitation of the State of Colorado or of the City; that
provision has been made for the levy and collection of a direct
annual tax on all the taxable property within the City and for
the pledge of net revenues derived from the operation of the
water system of the City sufficient to pay the principal of and
interest on this Bond as the same respectively become due; and
that this Bond constitutes a first (but not necessarily
exclusive) lien on said net revenues.
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Reference is hereby made to the ordinance of the City
authorizing the issuance of this Bond, and to any and all
modifications thereof and amendments thereto , for a description
of the provisions , terms and conditions upon which this Bond is
issued and secured, including , without limitation, definition of
terms used herein the nature and extent of the security for
this Bond , provisions with respect to the application of the
proceeds of this Bond, the rights , duties and obligations of the
City and the members of its Council, and the rights of the
Registered Owner.
This Bond is transferable only upon the registration books
of the City at the office of the City Clerk or a successor
registrar , at the request of the Registered Owner or his or its
duly authorized attorney-in-fact or legal representative, upon
surrender hereof together with a written instrument of transfer
duly executed by the Registered Owner or his or its duly
authorized attorney-in-fact or legal representative with
guaranty of signature satisfactory to the City Clerk , containing
written instructions as to the details of the transfer , along
with the social securitynumber or federal employer
identification number of the transferee and , if the transferee
is a trust , the names and social security numbers of the settlor
and beneficiary of the trust. Transfers shall be made without
charge , except that the City Clerk may require payment of a sum
sufficient to defray any tax or other governmental charge that
may hereafter be imposed in connection with any transfer of
Bonds. No registration or transfer of this Bond shall be
effective until entered on the registration books of the City.
The City Clerk shall deliver to the new registered owner a new
Bond or Bonds of the same aggregate principal amount , maturing
in the same year , and bearing interest at the same per annum
rate as the Bond or Bonds surrendered. Such Bond shall be dated
its date of execution by the Finance Director of the City. The
City Clerk shall not be required to transfer ownership of this
Bond during the fifteen (15) days prior to the first mailing of
any notice of redemption or to transfer ownership of any Bond
selected for redemption on or after the date of such mailing.
The Registered Owner may also exchange this Bond for another
Bond or Bonds of authorized denominations. The City may deem
and treat the person in whose name this Bond is last registered
upon the books of the City as the absolute owner hereof for the
purpose of receiving payment of the principal of and interest on
this Bond and for all other purposes , and all such payments so
made to such person or upon his order shall be valid and
effective to satisfy and discharge the liability of the City
upon this Bond to the extent of the sum or sums so paid, and the
City shall not be affected by any notice to the contrary.
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• (Assignment)
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells , assigns and
transfers unto
PLEASE INSERT SOCIAL SECURITY OR
OTHER IDENTIFYING NUMBER OF ASSIGNEE
(Name and Address of Assiqnee)
the attached Bond and does hereby irrevocably constitute and
appoint , or its
successor , to transfer said Bond on the books kept for
registration thereof.
Dated:
Signature guaranteed:
(Bank , Trust Company or Firm)
NOTICE: The signature to this
assignment must correspond with
the name of the Registered
Owner as it appears upon the
face of the attached Bond in
every particular without
alteration or enlargement or
any change whatever .
(End of Form of Bond]
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11. Disposition of Bonds and Proceeds. The Bonds, when
executed as provided herein, shall be delivered by any one of
the officers of the City to the Purchaser upon receipt of full
payment therefor in accordance with the contract of purchase
therefor.
Upon receipt of the proceeds of the Bonds the City shall
deposit in the Water Fund of the City (the Water Fund) interest
accrued on the Bonds from the date thereof to the delivery date
thereof . Said sum shall be held in the Water Fund and applied
to the payment of interest first due on the Bonds .
The original proceeds of the Bonds , exclusive of accrued
interest , shall be deposited in the Capital Projects Fund of the
Cityand used to a the costs of issuing the Bonds to a pay 9 . pay
interest accruing on the Bonds throuqh December 1 , 1987, and to
pay the costs of providing the Improvements to the Water System,
and for no other purposes , provided , however , that any portion
of the bond proceeds may be temporarily invested pending such
use , with such temporary investment to be made consistent with
the covenant hereinafter made concerning arbitrage bonds.
Neither the Purchaser nor the owner of any of the Bonds
shall be in any way responsible for the application of the
proceeds of the Bonds by the City or any of its officers.
12. Ad Valorem Taxes. If required, the interest to become
due on the Bonds in 1985 shall be advanced from any revenues or
funds of the City lawfully available therefor. For the purpose
of reimbursing any such advance and also for the purpose of
paying the interest on and principal of the Bonds as the same
become due and payable the Council shall annually fix and
certifya rate of levy for ad valorem taxes to the Board
Y of
County Commissioners of Larimer County, Colorado, which taxes ,
in addition to all other such taxes , when levied on all of the
taxable property in the City, in each of the years 1985 to 2008 ,
inclusive, will raise ad valorem tax revenues sufficient to make
such reimbursement and to meet promptly and make such Bond
principal and interest payments as the same become due. In the
event any of said levies shall fail to Produce an amount
sufficient to pay the interest on and the principal of the Bonds
becoming due in the next succeeding year , the deficit shall be
made up in the next levy, and taxes shall continue to be levied
until the Bonds and the interest thereon shall be paid in full.
All such taxes , when collected, shall be deposited in the Water
Fund.
13. Water Revenues . By Ordinance No. 64, 1974 , Ordinance
No. 109 , 1977, and Ordinance No. 136, 1982 , respectively, the
Council has authorized the issuance by the City of its General
Obligation Water Refunding Bonds , Series 1974 , dated December 1,
1974 , in the original aggregate principal amount of $1, 935, 000 ,
its General Obligation Water Bonds , Series 1977, dated
-16-
-
October 1, 1977, in the original aggregate principal amount of
- - -
$5, 000, 000--and its Gener-al Obligation Waa ter Bonds , Series 1982;
dated December 1 , 1982, in the original aggregate principal
amount of $4, 100 , 000- (collectively, the Prior Bonds) . In
addition to the provision for a tax levy for the payment of the
Prior Bonds, said ordinances provide for a pledge of the net
revenues of the Water System for the payment of the principal of
and interest on the Prior Bonds.- Similarly,-- the City hereby
irrevocably pledges to pay the principal of and the interest on
the Bonds from the net revenues of the Water System. The City
hereby reserves the right to secure, without restriction, any
water bonds and water refunding bonds of the City hereafter
issued equally and ratably with the Prior Bonds and the Bonds.
The City also hereby commits itself to fix and annually to
maintain rates , fees, tolls , and charges for water and services
furnished by the Water System which, together with other moneys
legally available therefor , will be sufficient to pay operation
and maintenance expenses of the Water System and the principal
of and interest on all bonds and other obligations of the City
pertaining to the Water System, as they respectively become due ,
and for the other payments required by Art. IX , Section 6 of the
Charter of the City. All such water revenues , when collected ,
shall be deposited in the Water Fund.
The term "net "revenues as used herein refers
r to the gross
revenues of the Water System after the payment of operation and
maintenance expenses. The term "operation and maintenance
expenses" as used herein means all current reasonable and
necessary expenses of operating , maintaining and repairing the
Water _ System, but does not include any allowance for
depreciation or capital replacements and improvements.
_ _ The term "Water System" as used hereinincludes not only the
property comprising the Water System of the City at the present
time , but all additions and betterments thereto and improvements
and extensions thereto which may hereafter be acquired,
constructed or installed by the City.
14. Payment of Principal and Interest. From any moneys on
deposit in the Water Fund or , if required, from any other
unrestricted fund of the City, the City shall pay each maturing
installment of interest on and principal of the Bonds and any
other obligations issued and payable from the Water Fund until
the Bonds , both principal and interest , shall be fully paid,
satisfied and discharged. Nothing herein contained shall be so
construed as to prevent the City from committing and applying
any other funds or revenues that may now or hereafter be in the
possession of the City and legally available for the purpose of
payment of the interest on or the principal of the Bonds. The
Water Fund shall be maintained as a sinking fund for the
mandatory redemption of Bonds maturing in the years 2004 and
2009. Any mandatory sinking fund redemption shall be treated as
a maturity for purposes of this Section 14.
-17-
15. Arbitrage Covenant. The City covenants that it will
make no investment or other use of the proceeds of the Bonds at
any time during the term thereof which, if such investment or
other use had been reasonably expected on the date the Bonds are
issued , would have caused the Bonds to be arbitrage bonds within
the meaning of Section 103 (c) of the Internal Revenue Code of
1954 , as amended, and the regulations promulgated thereunder by
the United States Treasury Department.
16. Other Covenants . The City additionally covenants that
so long as any of the Bonds remain outstanding and unpaid :
(a) It will continue to operate and manage the Water
System in an efficient and economical manner and keep and
maintain separate accounts of the receipts and disbursements
thereof in such manner that the revenues thereof may at all
times be readily and accurately determined.
(b) It will not sell or alienate any of the property
constituting all or any part of the Water System in any manner
or to any extent as might reduce the security provided for the
payment of the Bonds , but the City may sell any portion of such
property which shall have been replaced by other similar
property of at least equal value or which shall cease to be
necessary for the efficient operation of the Water System.
(c) The rates , fees , tolls and charges for all
services rendered by the Water System to the City and to its
inhabitants and to all consumers within or without the
boundaries of the City shall be reasonable and just , taking into
account and consideration the cost and value of the Water System
and the proper and necessary allowance for the depreciation
thereof and the amounts necessary for the retirement of all
bonds and other securities or obligations payable from the
revenues of the Water System and the interest thereon.
(d) There shall be charged against all purchasers of
service such rates , fees , tolls , and charges as shall be
adequate to meet the requirements of this Ordinance.
(e) The City shall cause all rates , fees , tolls and
charges appertaining to the Water System to be collected as soon
as reasonable , shall prescribe and enforce rules and regulations
for the payment thereof and for the connection with and the
disconnection from properties of the Water System, and shall
provide methods of collection and penalties , includinq but not
limited to denial of service for non-payment of such rates ,
fees , tolls and charges to the end that net revenues of the
Water System shall be adequate to meet the requirements hereof.
(f) At regular periods each year it will render bills
for water services furnished. Until paid, all water rates ,
fees , tolls and charqes shall constitute a lien on the property
-18-
served , and the City_ shall take whatever action is legally
permissible promptly to enforce and collect delinquent water
rates ,: fees , tolls and charges and to _enforce said liens .
I _ -
(g) At _least - once each year it _ will furnish the
Purchaser with a complete statement of the receipts and
disbursements of and for the Water System for the fiscal year
immediately preceding such statement.
(h) It will carry workmen' s compensation, public
liability and other forms of insurance on insurable Water System
property in such amounts as is customarily carried on prudently
operated systems of like character.
17. Appropriation of Sums . The sums hereinbefore provided
to pay the interest on the Bonds and to discharge the principal
thereof , when due , are- hereby appropriated for that purpose , and
said amounts for each year shall be included in the annual
budget and the appropriations ordinance , resolution , or measures
to be adopted or passed by the Council in each year ,
respectively, while- any of the Bonds , either as to principal or
interest , are outstanding and unpaid.
It shall be the duty of the Council annually at the time and
w for levying other City taxes if
in the manner provided by la y g y ,
such action shall be necessary to effectuate the provisions of
this Ordinance , to ratify and carry out the provisions hereof
with reference to the levy and collection of the ad valorem tax
and the imposition, administration, enforcement and collection
of the water rates , fees , tolls and charges , all as herein
specified, and to require the officers of the City to levy,
extend and collect said ad valorem tax in the manner provided by
law and to impose, administer , enforce and collect said water
rates , fees , tolls and charges for the purpose of providing
funds for the payment of the operation and maintenance expenses
of the Water System and the payment of the principal of the
Bonds and the interest accruing thereon promptly as the same ,
respectively, become due.
18. Defeasance. When all of the principal of , the interest
on, and any premium due in connection with the redemption of the
Bonds have been duly paid , all obligations hereunder shall
thereby be discharged and the Bonds shall no longer be deemed to
be outstanding. There shall be deemed to be such due payment
when the City has placed in escrow or in trust with a trust bank
located within or without the State of Colorado , moneys or
bills , certificates of indebtedness , notes , bonds or similar
securities which are direct obligations of, or the principal and
interest of which obligations are unconditionally guaranteed by,
the United States of America (Federal Securities) in an amount
sufficient ( including the known minimum yield available for such
purpose from Federal Securities in which such amount may wholly
or in part be initially invested) to meet all payment
-19-
requirements of the Bonds, as the same become due to the final
maturities of the Bonds or upon any redemption date as of which
the City shall have exercised or shall have obligated itself to
exercise its prior redemption option by a call of Bonds for
payment then. The Federal Securities shall become due prior to
the respective times at which the proceeds thereof shall be
needed , in accordance with a schedule established and agreed
upon between the City and such bank at the time of the creation
of the escrow or trust, or the Federal Securities shall be
subject to redemption at the option of the holder thereof to
assure such availability as so needed to meet such schedule.
Nothing herein shall be construed to prohibit a partial
defeasance of the Bonds in accordance with the provisions hereof .
19. Rights and Immunities . Except as herein otherwise
expressly provided , nothing herein expressed or implied is
intended or shall be construed to confer upon or to give to any
person , other than the City and the owners from time to time of
the Bonds , any right , remedy or claim under or by reason hereof
or any covenant , condition or stipulation hereof. All the
covenants , stipulations , promises and agreements herein
contained by and on behalf of the City shall be for the sole and
exclusive benefit of the City and any owner of any Bonds.
No recourse shall be had for the payment of the principal of
and interest on the Bonds or for any claim based thereon or
otherwise upon this Ordinance , or any other instrument
pertaining hereto , against any individual member of the Council
or any officer or other agent of the City, past , present or
future, either directly or indirectly through the City, or
otherwise , whether by virtue of any constitution, charter ,
statute or rule of law, or by the enforcement of any penalty or
otherwise, all such liability, if any, being by the acceptance
of the Bonds and as a part of the consideration of their
issuance specially waived and released.
20. Ratification. All action not inconsistent with the
provisions of this Ordinance heretofore taken by the City or its
officers and otherwise by the City directed toward providing the
Improvements to the Water System and the issuance and delivery
of the Bonds is hereby ratified, approved and confirmed.
21. Facsimile Signatures. Pursuant to the Uniform
Facsimile Signature of Public Officials Act , part 1 of article
55 of title 11 , Colorado Revised Statutes , as amended , the Mayor
and the City Clerk shall forthwith , and in any event prior to
the time the Bonds are delivered to the Purchaser , file with the
Colorado Secretary of State their manual signatures certified by
them under oath.
22. Authorized Action . The officers of the City are hereby
authorized and directed to enter into such agreements and take
all action necessary or appropriate to effectuate the provisions
-20-
of this Ordinance and to comply with the requirements of law,
including without limiting the generality of the foregoing :
a. The printing of the Bonds , including the printing
upon each of such Bonds off -a copy of the legal opinion of
Ballard , Spahr , Andrews & Ingersoll, bond counsel, duly
certified- -by the City Clerk and , if necessary or desirable
pending delivery of printed Bonds, the preparation of one or
more temporary typewritten Bonds in an aggregate principal
amount equal to that of the Bonds , otherwise in
- - - - -substantially the same form and bearing the same terms, to
be delivered to the Purchaser and thereafter to be exchanged
by the Purchaser for printed Bonds when the same are
received by the City;
b. The preparation of a final official statement for
the use of prospective purchasers of the Bonds , including
the Purchaser and its associates , if any;
C. The execution of such certificates as may
reasonably be required by the Purchaser relating to the
signing of the Bonds ; the tenure and identity of the City
officials ; the assessed valuation and indebtedness of the
' f City;• i in accordance with the facts the absence of
litigation, pending or threatened , affecting the validity of
the Bonds ; the exemption of interest on the Bonds from
federal and State income taxation , and receipt of the bond
purchase price and of the Bonds ;
d. The making of various statements , recitals ,
certifications and warranties provided in the form of Bond
set forth in this Ordinance ; and
e. The payment of the interest on the Bonds as the
same shall accrue and the principal of the Bonds at maturity
or upon prior redemption without further warrant or order.
23 . Repealer . All acts , orders , resolutions , ordinances ,
or parts thereof, taken by the City in conflict with this
Ordinance are hereby repealed ; except that this repealer shall
not be construed so as to revive any act , order , resolution,
ordinance , or part thereof , heretofore repealed.
24. Ordinance Irrepealable. This Ordinance is , and shall
constitute , a legislative measure of the City, and after the
Bonds are issued and outstanding , this Ordinance shall
constitute a contract between the City and the 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.
25. Severability. If any paragraph, clause or provision of
this Ordinance is judicially adjudged invalid or unenforceable,
-21-
R
such judgment shall not affect , impair or invalidate the
remaining paragraphs , clauses or provisions hereof, the
intention being that the various paragraphs , clauses or
provisions hereof are severable.
INTRODUCED, READ, APPROVED ON FIRST READING , AND ORDERED
PUBLISHED ONCE IN FULL THIS 30th day of October , 1984 .
CITY OF FORT COLLINS , COLORADO
By:
4J11-
(CITY) Mayor 67
(SEAL)
ATTEST:
City
The foregoing Ordinance will be presented for final passage
at the Council' s regular meeting , to be held at Council
Chambers , City Hall , 300 LaPorte Avenue , Fort Collins , Colorado ,
on Tuesday, the 20th day of November , 1984 , at 5 : 30 p.m.
-22-
READ , FINALLY PASSED ON SECOND READING, AND ORDERED
PUBLISHED ONCE BY NUMBER AND TITLE ONLY this 20th day of
November , 1984.
CITY OF FORT COLLINS , COLORADO
By: r..i
(CITY) Mayor
(SEAL)
ATTEST:
City
Council Member Ohlson moved that the foregoing
Ordinance heretofore introduced and read by title be approved on
first reading . Council Member Stoner seconded the motion.
The question being upon the approval on first reading of the
Ordinance , the roll was called with the following results :
Council Members voting "AYE" : Gerald C. Horak
E. John Clarke
William Elliott
John B. Knezovich
Kelly Ohlson
Barbara Rutstein
Ed Stoner
Council Members voting "NAY" : None
The Mayor thereupon declared that , a majority of the Council
Members present having voted in favor thereof , the motion was
carried and the Ordinance duly approved on first reading .
Thereupon the Mayor ordered said Ordinance published once in
full 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. Q /
.if..LA�rH, wnwk
Mayor
(CITY) City of Fort Collins , Colorado
(SEAL)
ATTEST:
City Clerk
City of Fort Collins , Colorado
-24-
STATE OF COLORADO )
COUNTY OF LARIMER ) ss.
CITY OF FORT COLLINS )
The Council of the City of Fort Collins, Colorado , held a
regular meeting at Council Chambers , City Hall , 300 LaPorte
Avenue, Fort Collins, Colorado , on Tuesday, the 20th day of
November , 1984 , at the hour of 5: 30 p.m.
The following persons were present :
Council Members : Gerald C. Horak , Mayor
E. John Clarke, Assistant Mayor
John B. Knezovich
Kelly Ohlson
Barbara Rutstein
Ed Stoner
City Manager : John E. Arnold
City Clerk : Wanda M. Krajicek
The following persons were absent:
William Elliott. Councilmember
The Mayor informed the Council that Ordinance No. 159, 1984 ,
which was introduced , approved on first reading , and ordered
published once in full at the continuation of the Council ' s
adjourned regular meeting of October 16, 1984, held on
October 30, 1984 , was duly published in The Coloradoan, a
newspaper of general circulation published in the City, in its
issue of November 4, 1984.
Council Member Knezovich then read said Ordinance by
its title.
Thereupon, Council Member Knezovich moved the final
passage of Ordinance No. 159, 1984. Council Member 0h1son
seconded the motion, and the question being upon the final
passage of said Ordinance, the roll was called with the
following result :
Council Members voting "AYE" : Gerald C. Horak
E. John Clarke
Wad�i.aa��113ot t
John B. Knezovich
Kelly Ohlson
Barbara Rutstein
Ed Stoner
-25-
A
Council Members voting "NAY" : None
The Mayor_ :the-reupon declared that a majority of the Council
Members present having voted in favor thereof , the motion was
carried and the Ordinance finally passed.
Thereupon the Mayor or said Ordinance published by
number and title only together with a notice of the final
passage of the Ordinance in The Coloradoan , a newspaper of
general circulation published in .the City, within five (5) days
after said final passage.
After consideration of other business to come before the
Council the meeting was adjourned-.
Mayor
City of Fort Collins , Colorado
(CITY)
(SEAL)
ATTEST:
City- Clerk
City of Fort Collins , Colorado
-26-
STATE OF COLORADO )
COUNTY OF LARIMER ) ss.
CITY OF FORT COLLINS )
I , Wanda M. Krajicek , City Clerk of the City of Fort
Collins , Colorado, do hereby certify that the attached copy of
Ordinance No. 159 , 1984, 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 the
continuation of its adjourned regular meeting of October 16,
1984, held at Council Chambers , City Hall, 300 LaPorte Avenue,
Fort Collins , Colorado, the regular meeting place thereof, on
Tuesday, the 30th day of October , 1984 ; that said Ordinance was
finally passed on second reading by said Council at its regular
meeting , held at Council Chambers , City Hall, 300 LaPorte
Avenue , Fort Collins , Colorado , the regular meeting place
thereof , on Tuesday, the 20th day of November , 1984 ; 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 that purpose in my
office ; and that said Ordinance was duly published once in full
together with a notice giving the date when said Ordinance would
be presented for final passage and once by number and title only
together with a notice of the final passage thereof in The
Coloradoan, a newspaper of general circulation published in the
City, in its issues of November 4, 1984, and November 26, 1984,
as evidenced by the certificates of the publisher attached
hereto at pages 28 and 29. I further certify that the foregoing
pages 1 through 26 , inclusive, constitute a true and correct
copy of the record of the proceedings of said Council at its
aforesaid meetings, insofar as said proceedings relate to said
Ordinance ; 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 day of November ,
,
1984.
�MtiNd kA i,c o
(CITY) City Clerk
(SEAL) City of Fort Collins , Colorado
-27-
' STATE OF COLORADO
COUNTY OF LARIMER ) ss.
CITY OF FORT COLLINS- )
(Attach affidavit of publication in full of Ordinance and
notice giving date when Ordinance to be presented for final
passage. )
-28-
The Coloradoan t
STATE OF COLORADO )
COUNTY OF LARIMER )as. AFFIDAVIT OF PUBLICATION
T e r e s e R . Anderson 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 1973, 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-erg _ d a y e€eaatrsuceessikue-week; that the
first publication of said legal notice or advertisement was in the regular and entire edition
of said newspaper on the 4 t h day of November , A.D. 19_84; that the last
publication of said legal notice or advertisement was in the regular and entire edition of
said newspaper on the 4th_ day of November , A.D. 1994, 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.
A-02
Subscribed and sworn to before me, at and within the County of Larimer, State of Colorado
this _ ,qth day of NnAro hor- , A.D. 19.84
I„j Wrmiission Exp r®s f. sst 15, 1987
212 side, Fort Cal ', , CO 80524
My commission expires '
Notary Public
Delivered to CiiLC l a rk _ _
q •
STATE OF COLORADO )
COUNTY OF LARIMER ) ss.
CITY OF FORT COLLINS )
(Attach affidavit of publication of Ordinance by number and
title only and notice of final passage thereof. )
-29-
The Coloradoan
� s •
STATE OF COLORADO )
-• )ss. AFFIDAVIT OF PUBLICATION NTriOTiCEFISIcH 'EREB vc IVE,N
COUNTY OF LARIMER .n Tuesday. November 90, 1984,
Passed and adopted the tgllowing
ordinances on second reading'.
ORDINANCE NO. 150, 1984 OF
Te re s e R . Anderson , being first duly sworn upon oath, deposes THE COUNCIL OF THE CITY OF
FORT COLLINS VACATING ALL
and says: That said is the I ega i ec A_e-rk of The Coloradoan; EASEMENTS AND RIGHTS OF
WA OF HLPOND O
that said has personal knowledge of all facts set forth in this affidavit; that The Coloradoan PRYNG CREEIK`SECOND FIB
is a public daily newspaper of general circulation, having its principal office and place of ING -
ORDINANCE NO. I51, 1994 OF
business situated in said County of Larimer; that said Coloradoan is printed and published THE COUNCIL OF THE CITY OF
FORT A
daily; that said Coloradoan is a daily newspaper, duly qualified for the purpose set forth SECTIONOS9]<AND'!]5OFOING THE
CODE OF THE CITY OF FORT
within the meaning of Chapter 109, Article 1, Sections 1-1 to 1-8 inclusive of Colorado COLLINS RELATING TO THE
FIREMEN'S PENSION FUND
Revised Statutes 1973, and any amendment thereof passed prior to the date hereof; that ORDINANCE NO. 151, 1981 OF
said newspaper had, prior to January 1, 1936, and has ever since said date been admitted to THE COUNCIL OF THE CITY OF
FORT COLLINS, BEING AN
the United States Mails as second class matter under the provisions of the Act of March 3, ORDINANCE APPROPRIATING
1879, and an amendments thereof, that said newspaper is printed in whole in said Count FROM IAIPNEW ATED REVENUE
y y SOURCE
of Larimer and has a general circulation therein; that said newspaper has been so printed ORDINANCE NO 154, 1984 OF
and published as a public daily newspaper of general circulation in said County of Lar- THE COUNCILOLINS O.THE ITT NFORT G
imer, uninterruptedly and continuously, during the period of more than fifty-two consecu- THE
CITY AMANAGER NC
live weeks next prior to the first issue thereof containing the annexed legal notice of WITH MER THE ET FINANCASE IAL ECDR
N
advertisement; that said annexed legal notice or advertisement was published in the POO PURCHASE FOR THE
AEP EASE
regular and entire editions of said newspaper for TRUCK WITH CREW CAB FOR
SURVEORDINANCE NO. 1%. 1984 OF
THECOUNCILOF THE CITYOF
FORT COLLINS APPROPRIAT
ING PRIOR YEAR RESERVE'.
IN THE CAPITAL PROJECT!
FUND AND AUTHORIZING THE
successive �ttylyA%x day d4> >�Ii xsiS�L> �iwL%Wclfx that the TIONS TRANSFER BETWEENPROPRIA
CAPITAL
first publication of said le a1 notice or advert' ement was in the regular and entire edition PROJECTS
J ]] N ORDINANCE NO.157,1984
of said newspaper on the 26 t h day of November A.D. 19 84; that the last AN ORDINANCE "THORIZ
ING THE ISSUANCE OF CITY
publication of said legal notice or advertisement was in the regular and entire edition of OF FORT COLLINS, COLO
RADO, SALES AND USE TAX
said newspaper on the �(j{ _ day Of_N_0_t�mt].er A.D. 19 _, and that, REVENUE BONDS, DATED
NOVEMBER 1, 1984, IN THE
copies of each number of said paper in which said notice or advertisement was published AGGREGATE PRINCIPAL
were delivered by carriers or transmitted by mail to each of the subscribers of said paper, AMOUNT OFOoDEFRAY
ING. IN WHOLE OR IN PART,
according to the accustomed mode of business in this office. THE COST OF ACQUIRING,
A-90 ING STREETS AND HIGHWAY!
FOR THE CITY AND OF PAY
ING THE PRINCIPAL OF
INTEREST ON,AND ANY COM
MITMENT FEE DUE IN CON
NECTION WITH THE
BOND ANTICIPATION NOTE NOTE
SERIES FEBRUARY 1, 190N
DATED F PRINCIPAL
RY L AMOUNT
IN
THE PRINCIPAL AMOUNT
- NOT MORE THAN E25,000,000.
ORDINANCE NO.158,1984
AN ORDINANCE AUTHORIZ
Subscribed and sworn to before me, at and within the County of Larimer, State of Colorado of THE ISSUANCE FORT CITY
N COLLINS,SOCOLO
this __ 26 t h day of November ( r -,/ A.D. 19_84 1UND, SEWER
19ei DATEL
I984, IN THE
'Ay �5; ll,':i:Ji Jll L.r.f�J is:J��.SL �i, 41/ AGGRENOVEMGATE 1PRINCIPAL
AMOUNT OF 811,000,000.
12 Riverside, t Co;fns, GO 6a2"
My commission expires
W,2
Notary PubT4A
5-
Delivered to City Clerk _ ___ `%/_!�jI
ORDINANCE NO. 159 , 1984
AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY
OF FORT COLLINS, COLORADO, GENERAL OBLIGATION
_- WATER BONDS , SERIES 1984 , DATED NOVEMBER 1 ,
1984 , IN THE AGGREGATE PRINCIPAL AMOUNT OF
$7, 750, 000, FOR THE PURPOSE OF PROVIDING
IMPROVEMENTS TO THE EXISTING WATER SYSTEM OF
THE CITY; AND PROVIDING FOR THE LEVY OF AN AD
VALOREM TAX AND FOR THE PLEDGE OF THE NET
REVENUES DERIVED FROM THE OPERATION OF THE
WATER SYSTEM TO PAY THE PRINCIPAL OF AND
INTEREST ON SAID BONDS.
READ, ADOPTED ON SECOND READING , AND ORDERED PUBLISHED ONCE
BY NUMBER AND TITLE ONLY this 20th day of November , 1984 .
CITY OF FORT COLLINS , COLORADO
(CITY) Mayor
(SEAL)
ATTEST:
City Clerk QS
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