HomeMy WebLinkAbout141 - 10/16/1984 - AUTHORIZING THE ISSUANCE OF CITY SPECIAL IMPROVEMENT DISTRICT NO. 80, SPECIAL ASSESSMENT BONDS DATED ORDINANCE NO. 141 , 1984
AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF FORT
COLLINS, COLORADO, LANDMARK SPECIAL IMPROVEMENT DISTRICT NO.
80, SPECIAL ASSESSMENT BONDS DATED NOVEMBER 1 , 1984, IN THE
AGGREGATE PRINCIPAL AMOUNT OF $315,000. 00 ; PRESCRIBING THE
FORM OF SAID BONDS, PROVIDING FOR THE PAYMENT OF SAID BONDS
AND THE INTEREST THEREON AND AUTHORIZING THE APPROPRIATE
OFFICERS OF THE CITY TO ENTER INTO AN ESCROW AGREEMENT IN
ORDER TO FURTHER SECURE SAID BONDS.
WHEREAS, the Council ( the "Council" ) of the City of Fort
Collins , Colorado ( the "City" ) pursuant to the Charter and Chapter
16 of the Code of the City of Fort Collins ( the "Code" ) relating
to local improvements and the financing thereof has heretofore
created the Landmark Special Improvement District No . 80 ( the
"District" ) by Ordinance No . 132, 1983, and authorized the con-
struction and installation of certain local street, water ,
sanitary sewer and storm drainage improvements ( the
" Improvements" ) therein ; and
WHEREAS , pursuant to the Code and the Ordinance creating the
District,, the City Manager has entered into an agreement with
Landmark Apartments , Ltd . ( the "Owner" ) the sole property owner in
the District, providing for the management of the acquisition ,
construction, and installation of the Improvements in the District
by the Owner, including all bidding for work on the Improvements
and awarding of contracts therefor, and
WHEREAS, the City desires to sell the special assessment
bonds of the District ( the "Bonds" ) in the principal amount of
$315, 000. 00 ; and
WHEREAS, a proposal for the purchase of said Bonds on terms
favorable to the City has been received from First Interstate Bank
of Fort Collins , N.A. ( the "Purchaser" ) , which the Council has
determined and does hereby determine to accept; and
WHEREAS, the construction and installation of the Improve-
ments in the District has conferred and will confer general
benefits on the City and special benefits on the assessable
property in the District; and
WHEREAS, the Council has determined that the cost of the
construction and installation of the Improvements to be assessed
against the property within the District will not exceed
$315, 000. 00 and that special assessment bonds of the City for the
District shall be issued in said amount; and
WHEREAS, the Owner has agreed to furnish collateral security
for the payment of the principal of and interest on said Bonds;
and a form of escrow agreement ( the "Escrow Agreement" ) dated as
of November 1 , 1984, among the City, the Owner, and the United
Bank of Fort Collins , N.A. (the "Escrow Agent" ) , providing for the
custody and application of such collateral security will be filed
in the office of the City Clerk; and
WHEREAS, the Council has determined and does hereby declare
that it is necessary and for the best interests of the City and
the District to authorize the issuance of said Bonds and to
provide for the repayment thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS, COLORADO, AS FOLLOWS:
Section 1 . All action (not inconsistent with the provisions
of this Ordinance ) heretofore taken by the City, the Council , and
the officers of the City, directed toward the creation of the
District, the acquisition , construction , and installation of the
Improvements therein , the authorization and sale of its public
local improvements special assessment Bonds and the levy of
assessments for that purpose is hereby ratified , approved and
confirmed .
Section 2 . For the purpose of defraying the entire cost and
expense of making the Improvements, including all such proper
incidental expenses , there shall be issued in the name of the
City, fully registered ( i .e. , registered as to both principal and
interest, in compliance with Section 103 (j ) of the Internal
Revenue Code of 1954, as amended, and the regulations of the
Secretary of the Treasury thereunder) , special assessment Bonds
designated "City of Fort Collins, Colorado, Landmark Special
Improvement District No . 80, Special Assessment Bonds, Series
1984" (the "Bonds" ) in the aggregate principal amount of
$315,000. 00 , consisting of 63 bonds , numbered consecutively from 1
to 63, both inclusive , in the denomination of $5,000.00 each,
dated as of the 1st day of November, 1984, and payable to the
registered owner thereof in regular numerical order on the 1st day
-2-
of November, 1991 , and bearing interest from November 1 , 1984,
until maturity, payable semiannually on the 1st days of May and
November in each year , commencing on the lst day of Mav, 1985, and
the Bonds being numbered and bearing interest at the rates herein-
below designated as follows :
Bond Numbers Interest Rate
(All Inclusive) ( Per Annum)
1 - 63 10 . 10%
both principal and interest being payable in lawful money of the
United States of America. The principal of any bond shall be
payable to the reqistered owner as shown on the registration books
kept by the City Clerk of the City of Fort Collins in Fort
Collins , Colorado, as registrar ( the "Registrar" ) , upon maturity
thereof and upon presentation and surrender at the office of the
Director of Finance of the City in Fort Collins , Colorado ( the
"Paying Agent" ) . Payment of interest on any Bond shall be paid to
the reqistered owner thereof by check or draft mailed by the
Paying Agent on or before each interest pavment date (or if such
interest payment date is not a business day, on or before the next
succeeding business day) , to his address as it last appears on the
registration books kept by the Registrar. If, upon presentation
of any Bond at maturity payment is not made as therein provided ,
interest thereon shall continue at the same rate per annum until
the principal thereof is paid in full .
If the Reqistrar or Paying Agent initially appointed here-
under shall resign , or if the City shall reasonably determine that
said Registrar or Paying Agent has become incapable of fulfilling
his or her duties hereunder, the City may, upon notice mailed to
each registered owner of Bonds at the address last shown on the
registration books, appoint a successor Registrar, Paying Agent ,
or both . Every such successor Registrar or Paying Agent shall be
a bank or trust company located in and in good standing in the
State of Colorado and having a capital in surplus of not less than
$5, 000 ,000. 00. It shall not be required that the same institution
serve as both Registrar and Paying Agent hereunder, but the City
shall have the right to have the same institution serve as both
Registrar and Paying Agent hereunder. The proceeds of the Bonds
received as accrued interest on the Bonds shall be deposited in a
separate fund to be designated "City of Fort Collins , Colorado,
Landmark Special Improvement District No . 80, Special Assessment
Bonds , Series 1984, Interest and Bond Retirement Fund" (the "Bond
Fund" ) and , additionally, the principal amount of the Bonds shall
-3-
be deposited in the account to be established for the District in
the City ' s Capital Projects Fund and shall be used to pay the cost
and expense of making said improvements in the District, including
all such proper incidental costs.
There is hereby appropriated the sum of $315,000. 00 in the
Capital Projects Fund for the construction of the Improvements and
associated costs .
Section 3 . All of the Bonds shall be subject to redemption
prior to maturity in regular numerical order at any time , subject
to the provisions of the following sentence, from available funds
in the Bond Fund at the option of the City, at a price equal to
the principal amount thereof with accrued interest to the
redemption date . within thirteen ( 13 ) months of receipt of monies
initially deposited in the Bond Fund (other than from bond
proceeds) , it shall be the duty of the Director of Finance to call
in , and the duty of the paying agent to pay, a suitable number of
any Bonds outstanding, provided that the Bond Fund (except for
amounts initially deposited therein from bond proceeds ) shall be
depleted at least once a year except for a reasonable carry-over
amount not to exceed the greater of one year ' s earnings on the
Bond Fund , or one-twelfth ( 1/12 ) of annual debt service on the
bonds . Notice of prior redemption shall be given by the Director
of Finance in the name of the City by mailing copy of such notice
by registered mail at least forty-five ( 45) days and not more than
sixty ( 60 ) days prior to the designated redemption date to the
initial purchaser and to each registered owner of anv Bonds
designated for redemption at their addresses as the same shall
last appear upon the registration books kept by the Registrar .
Such notice shall specify the number or numbers of the Bonds to be
so redeemed and the date fixed for redemption , and shall further
state that on such date there will become and be due and payable
upon each bond so called at the Paying Agent the principal amount
thereof with accrued interest to the redemption date , and that
from and after such date interest shall cease. Notice having been
given in the manner hereinabove provided , the Bond or Bonds so
called shall become due and payable on the date so designated , and
upon presentation thereof at the Paying Agent, the City will pay
the Bond or Bonds so called .
Section 4. The Bonds herein authorized to be issued may be
refunded in accordance with and under the conditions imposed by
the laws that the State and the City in force at the effective
date of this Ordinance and not otherwise.
-4-
Section 5. 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 as
Registrar. Thereafter, the Bonds shall be transferable only upon
the registration books of the City at the office of the City Clerk
by the registered owner thereof or by his or its duly authorized
attorney in fact or legal representative . The City Clerk shall
accept a Bond for registration or transfer only if the registered
owner is to be an individual , a corporation, a partnership, or a
trust. Bonds may be transferred upon surrender of the Bonds
together with written instruments of transfer duly executed by the
registered owners or their duly authorized attorneys in fact or
legal representatives with guarantee of signature satisfactory to
the City Clerk containing written instructions as to the details
of the transfer of such Bonds, along with the social security
numbers or federal employer identification numbers of such
transferees and , if such transferee is a trust , the names and
social security numbers of the 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 of any
Bond shall be effective until entered on the registration books .
Concurrently with the entry of the required information on the
registration books , the City Clerk shall enter the required
information on the registration panel pertaining to each bond .
The City Clerk shall not be required to transfer ownership of any
Bond during the five ( 5 ) days prior to the first publication of
any notice of redemption or to transfer ownership of any Bond
selected for redemption on or after the date of the first such
publication .
Section 6. The Bonds shall be executed in the name and on
behalf of the City with a facsimile signature of the Mayor of the
City , shall bear a facsimile of the seal of the City, shall be
attested by the facsimile signature of the City Clerk of the City,
and shall be countersigned with the manual signature of the
Finance Director of the City. Should any officer whose manual or
facsimile signature appear on the Bonds cease to be such officer
before delivery of the Bonds to the Purchaser , such manual or
facsimile signature shall nevertheless be valid and sufficient for
all purposes.
Section 7. Except as herein stated, the Bonds authorized by
this Ordinance and the interest thereon shall be payable solely
-5-
from the Bond Fund , consisting only of monies collected (princi-
pal , interest, and penalties , if any) from the assessments to be
levied to pay for the improvements; provided that any proceeds
from the sale of the Bonds remaining in the account for the
District in the City' s Capital Projects Fund after the payment or
reimbursement to the City of all costs and expenses of making the
improvements shall be deposited in the Bond Fund and used for Bond
redemption . Any assessments in the Bond Fund remaining after the
Bonds , both principal and interest, are paid in full , shall be
deposited in the Surplus and Deficiency Fund referred to in
Section 11 hereof . Immediately upon the collection of any assess-
ments, the monies therefrom shall be deposited in the Bond Fund;
and the Bond Fund is and will continue to be irrevocably and
exclusively pledged for the payment of the principal of and the
interest on the Bonds . The City , as well as redeeming the Bonds
with any such surplus bond proceeds and with assessments collected
during thirty ( 30 ) days after the publication of the assessment
ordinance following its final passage, shall redeem the Bonds as
herein provided from the remaining assessments payable in seven
( 7 ) substantially equal annual installments of principal and from
annual payments of interest thereon to the extent monies are
available therefor in the Bond Fund as herein provided .
Section 8. The Bonds issued pursuant to this Ordinance shall
not be a debt of the City and the City shall not be liable
thereon , nor shall it thereby pledge its full faith and credit for
their payments , nor shall the Bonds be payable out of any funds
other than the special assessments and other monies pledged to the
payment thereof, as herein authorized. Each Bond issued under
this Ordinance shall recite in substance that said Bond and the
interest thereon are payable solely from the special assessments
and other monies pledged to the payment thereof . The payment of
Bonds is not secured by an encumbrance , mortgage , or other pledge
or property of the City, except for such special assessments and
other monies pledged for the payment of Bonds. No property of the
City, subject to said exceptions , shall be liable to be forfeited
or taken in payment of the Bonds.
Section 9. The Bonds and the registration panel pertaining
thereto shall be in substantially the following form:
( FORM OF BOND)
UNITED STATES OF AMERICA
STATE OF COLORADO COUNTY OF LARIMER
-6-
CITY OF FORT COLLINS, COLORADO
LANDMARK SPECIAL IMPROVEMENT DISTRICT NO. 80
SPECIAL ASSESSMENT BOND
SERIES 1984
NO. R- _ $5,000.00
The City of Fort Collins ( the "City" ) , in the County of
Larimer and State of Colorado , for value received hereby promises
to pay solely out of the special funds available for the purposes
hereinbelow set forth, to the registered owner hereof whose name,
address, and identification number appear on the registration
panel attached hereto , the principal sum of
FIVE THOUSAND DOLLARS
in lawful money of the United States of America on the 1st day of
November , 99 1 1 , with interest hereon at the interest rate of
10 . 10% per annum, such interest being payable commencing on the
1st day of May, 1985, and semiannually thereafter on the 1st days
of May and November in each year . The principal of this Bond
shall be payable to the registered owner hereof as shown on the
registration books kept for that purpose at the office of the City
Clerk of the City of Fort Collins , Colorado , as Registrar, or her
successor (the "Registrar" ) , upon maturity and presentation and
surrender of this Bond at the office of the Director of Finance of
the City of Fort Collins , Colorado as Paying Agent or his
successor ( the "Paying Agent" ) . The interest hereon shall be paid
to the registered owner hereof by check or draft mailed by the
Paying Agent on or before each interest payment date (or, if such
interest payment date is not a business day, on or before the next
succeeding business day) , to such registered owner at his address
as it last appears on the registration books kept for that purpose
by the Registrar. If , upon presentation at maturity payment of
this Bond is not made as herein provided , interest hereon shall
continue at the same rate per annum until the principal hereof is
paid in full .
This Bond is one of the series subject to prior redemption in
regular numerical order by the City at its option at any time at
a price equal to the principal amount thereof, with accrued
interest to the redemption date. Redemption shall be made upon
-7-
giving prior notice by mailing a copy of such notice to the
registered owner of each Bond to be redeemed at the address shown
on the registration books not less than forty-five ( 45 ) days nor
more than sixty ( 60 ) days prior to the redemption day in the
manner and upon the conditions provided in the ordinance authoriz-
ing the issuance of this Bond .
This Bond is one of the series of neqotiable special assess-
ment bonds numbered consecutively from 1 to 63 , both inclusive,
issued by the City of Fort Collins and payable in regular
numerical order, all of which are of like denomination , date and
designation, and which are in the aqgreqate principal amount of
$315, 000 . 00. Said Bond series is issued in payment for local
improvements made and to be made in the
CITY OF FORT COLLINS, COLORADO
LANDMARK SPECIAL IMPROVEMENT DISTRICT NO. 80
pursuant to and in accordance with the Charter of the City, with
Chapter 16 of the Code of the City, and in accordance with the
ordinance creating the District and all laws and proceedings
thereunto pertaining.
Pursuant to the ordinance authorizing the bonds , reference to
which is made for further details , the principal of and the
interest on the Bonds of the series of which this is one , except
as hereinbelow stated , shall be payable solely from a special fund
designated "City of Fort Collins, Colorado, Landmark Special
Improvement District No. 80, Special Assessment Bonds , Series
1984, Interest and Bond Retirement Fund" the ( "Bond Fund" ) con-
sisting only of monies collected by the City from the special
assessments (principal , interest , and penalties, if any) to be
levied against all the assessable tracts and parcels of land in
the District; provided that any proceeds from the sale of the
bonds remaining after payment of all the costs and expenses of
making the local improvements shall be deposited in the Bond Fund
and shall be used for Bond redemption. The Bond Fund is
irrevocably and exclusively pledged for the full and prompt
payment of all the Bonds to the extent monies therein are avail-
able therefor, as provided in the ordinance authorizing the
Bonds .
As collateral security for the payment of the principal on
the Bonds of this issue, the owner to be assessed for the cost of
the District Improvements has deposited in escrow with United Bank
-8-
of Fort Collins , rational Association , for the full term of the
Bonds , an irrevocable letter of credit with instructions that said
letter of credit be delivered to the City and drawn to pay
principal on the Bonds of this issue , if under specified circum-
stances said owner or successor in title fails to pay when due any
assessments levied against its property.
The Bonds, together with similar securities of other special
or local improvement districts in the City, shall be additionally
secured and their payment shall be supplemented by monies, if any ,
in the City' s Surplus and Deficiency Fund ( the "Surplus and
Deficiency Fund" ) . Whenever there is a deficiency in the bond
Fund to meet the payment of outstanding Bonds , principal and
interest, as the same become due , the deficiency shall be made up
from the Surplus and Deficiency Fund .
Whenever three-fourths ( 3/4 ) of the Ponds of the series of
which this is one have been paid and cancelled and for any reason
the remaining assessments therefor are not paid in time to redeem
the remaining Bonds of the District and interest due thereon , the
City shall pay such remaining Bonds when due and interest due
thereon, levy additional ad valorem taxes necessary therefor , and
reimburse itself by collecting the unpaid assessments due the
District .
The assessments to be levied in the District shall constitute
a lien in the several amounts to be assessed against each assess-
able tract or parcel of land assessed from the date of the final
publication of the assessment ordinance . The lien for such
assessments shall be prior and superior to all other liens,
claims, encumbrances and titles , whether prior in time or not, and
shall constitute such a lien until paid , provided , however:
( 1 ) Any assessment lien is coequal with the lien for
general ( ad valorem) taxes but is subject to extinguishment
( unless redeemed ) by the sale of any property on account of the
nonpayment of general taxes;
( 2) Any assessment lien on any tract or parcel of land
is prior and superior to any assessment lien thereon subsequently
levied ; and
( 3 ) Any assessment lien is possibly coequal with some
liens imposed by the State of Colorado or any subdivision thereof
and may be subordinate to certain liens and claims in favor of the
-9-
United States of America or any agency or instrumentality
thereof.
It is hereby certified, recited , and declared that the Bonds
are issued by approval of the City Council ; and that the principal
amount of the Bond does not exceed the amount authorized by law to
be issued ; and that the proceedings taken to date with regard to
issuing the Bonds and making such local public improvements have
fully complied with all applicable laws; that all prerequisites to
issuing the Bonds have been performed ; and that all acts , condi-
tions , and thinqs essential to the validity of this Bond have been
properly done, all in due time , form and manner as required by
law.
This Bond is transferable (subject to certain terms and
conditions set forth in the ordinance authorizing its issuance ) by
the registered owner hereof in person or by his duly authorized
attorney on the registration books kept at the office of the
Registrar upon presentation of this Bond together with a duly
executed written instrument or transfer satisfactory to the City
Clerk, or her successor , as Registrar. Such transfer shall be
noted on such registration books and on the Bond . The City , the
Registrar, and the Paying Agent may deem and treat the person in
whose name this Bond is registered as the absolute owner hereof,
whether or not this Bond shall be overdue, for the purpose of
receiving payment and for all other purposes .
This Bond shall not be valid or obligatory for any purpose
until the Registrar shall have manually signed the provision for
registration herein .
IN TESTIMONY WHEREOF, the City Council of the City of Fort
Collins, Colorado, has caused this Bond to be executed in the name
and on behalf of the City and to bear the facsimile signature of
the Mayor of the City, to be countersigned by the manual signature
of the Director of Finance , to be sealed with a facsimile of the
seal of the City, and to be attested by the facsimile signature of
the City Clerk, all as of the lst day of November, 1984.
CITY OF FORT COLLINS, COLORADO
By: (Facsimile Signature)
Mayor
-10-
( SEAL)
COUNTERSIGNED:
(Manual Signature )
Finance Director
ATTEST:
(Facsimile Signature )
City Clerk
( End of Form of Bond )
-11 -
( Form of Registration Panel )
This Bond is registered in the office of the City Clerk of
the City of Fort Collins , Colorado, as registrar, or her suc-
cessor , in the name of the owner listed below, and the principal
of and interest on this Bond shall be payable only to such owner,
all in accordance with the ordinance authorizing the issuance of
this Bond . No transfer of this Bond shall be valid unless made on
the registration books kept by the Registrar, by the registered
owner or his duly authorized attorney, and noted in the registra-
tion blank below.
Name, Address, and
Date of Identification Number of Signature of
Registration T Registered Owner r Registrar
( End of Form of Registration Panel )
-12-
Section 10. As collateral security for the payment of the
principal on the Bonds of this issue , the owner to be assessed for
the cost of the District Improvements shall deposit in escrow with
the Escrow Agent pursuant to the Escrow Agreement an irrevocable
letter of credit in the initial principal amount of $315 ,000. 00
issued by Colorado National Bank - Exchange of Colorado Springs,
Colorado . The Mayor , the City Clerk, and the Finance Director are
hereby authorized and directed to execute the Escrow Agreement and
to perform all such acts as the City is required thereunder to
perform for the benefit of the registered owners of the Bonds .
Section 11 . The Bonds herein authorized , together with bonds
of other special or local improvement districts within the City,
are and continue to be additionally secured by monies deposited in
the Surplus and Deficiency Fund of the City ( the "Surplus and
Deficiency Fund" ) , which consists of monies remaining to the
credit of special or local improvement districts , the bonds of
which have been paid in full , both principal and interest . When-
ever there is deficiency in the Bond Fund to meet the payment of
principal or interest on the Bonds as the same become due, the
deficiency shall be paid by, transferring monies from the Surplus
and Deficiency Fund of the Bond Fund .
Section 12 . Whenever three-fourths ( 3/4 ) of the Bonds
authorized herein to be issued for the District have been paid and
cancelled and for any reason the remaining assessments are not
paid in time to redeem the remaining Bonds and to pay the interest
thereon, the City shall pay the remaining Bonds and the interest
thereon when due . The City shall levy additional ad valorem taxes
necessary therefore and reimburse itself by collecting the unpaid
assessments due the District.
Section 13 . When the Bonds have been duly sold , executed ,
and registered , the Director of Finance shall deliver them t h
g , em o the
Purchaser upon receipt of the purchase price. The proceeds
derived from the sale of the Bonds shall be deposited as herein
described and shall be used exclusively for the purposes stated
herein; provided , however, that any portion of such proceeds may
be temporarily invested pending such use in securities or obliga-
tions which are lawful investments for the City with such
temporary investments to be made consistent with the covenant
hereinafter made concerning arbitrage bonds . Neither the
Purchaser nor the registered owner of any Bond shall be in any way
responsible for the application by the City or any of its officers
of any of the Bond Funds derived from the sale thereof.
-13-
Section 14 . The Council shall cause the assessments to be
levied and collected as provided by law for the benefit of the
registered owners of the Bonds . All assessments made, together
with all interest thereon and penalties for default in payment
thereof, shall be a lien in the several amounts assessed against
each property from the date of the publication of the assessing
ordinance . The lien for such assessment shall be prior and
superior to all other liens, claims , encumbrances , and titles ,
whether prior in time or not , and shall constitute such a lien
until paid , provided , however:
( 1 ) Any assessment lien is coequal with the lien for
general ( ad valorem) taxes but is subject to extinguishment
( unless redeemed ) by the sale of any property on account of the
nonpayment of general taxes;
( 2 ) Any assessment lien on any tract or parcel of land
is prior and superior to any assessment lien thereon subsequently
levied ; and
( 3 ) Any assessment lien is possibly coequal with some
liens imposed by the State of Colorado or any subdivision thereof
and may be subordinate to certain liens and claims in favor of the
United States of America or any agency or instrumentality
thereof.
Section 15 . The City covenants that it shall make no invest-
ment or other use of the proceeds of the Bonds or investment
income therefrom, or of any monies in the Bond Fund or any other
monies treated as proceeds of the Bonds, for federal income tax
purposes ( including any money reasonably expected to be used to
pay principal of or interest on the Bonds) , which would cause the
bonds to be "arbitrage bonds" under Section 103 (c) of the Internal
Revenue Code of 1954 as amended , and the regulations promulgated
thereunder, unless under any provision of law hereafter enacted
the interest paid on the bond shall be excludable from the gross
income of a recipient thereof for federal income tax purposes
without regard to whether or not the Bonds are arbitrage bonds or
shall be exempt from all federal income taxation .
Section 16. The City hereby covenants for the benefit of
each owner of the bonds that the total cost of the Improvements in
the District shall be apportioned , levied , and assessed against
assessable tracts and parcels of land in the District , in accord-
ance with the Charter and the Code , by ordinance to be hereafter
- 14-
adopted upon completion of the Improvements in the District . All
monies received from such assessments, except as provided in
Section 12, hereof , shall be placed in the Bond Fund , and said
monies shall be used as soon as they are available for the purpose
of paying the principal of and interest on the Bonds and for no
other purpose whatsoever, and as security for such payment said
fund is hereby exclusively pledqed.
Section 17 . 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.
Section 18. So lonq as any of the Bonds remain outstanding,b the City will keep or cause to e kept by Larimer County, Colorado
( the "County" ) , true and accurate books of records and accounts
showing full and true entries covering the collection and disposi-
tion of the assessments and any delinquencies in the collection
thereof, covering deposits and disbursements in each of the
special funds herein designated , covering the redemption of the
bonds , both principal and interest , and covering disbursements to
defray the costs and expenses of the improvements , including
incidental expenses, and the City will permit an inspection and
examination of all books and accounts at all reasonable times by a
representative of the owner of the Bonds. If any such books
covering collection and disposition of the assessments and any
delinquencies in the collection thereof are kept by the County,
the City shall arrange to receive from the County notice of any
delinquency in the payment of any assessment levied against the
owners ' lots or tracts of land within the District to enable the
City promptly to exercise any rights and duties it may have under
the Escrow Agreement .
Section 19 . Any registered owner of any one or more of the
Bonds may, either at law or in equity, by suit, action, mandamus ,
or other appropriate proceedings in any court of competent juris-
diction , protect the liens created by this Ordinance on the
proceeds of said assessments and the monies in each of said
special funds and may by suit, action, mandamus, or other
appropriate proceedings enforce and compel the performance of any
duty imposed upon the City by the provisions of this Ordinance or
anv ordinance heretofore or hereafter adopted concerning the
District , including without limiting the generality of the fore-
going , the segregation of special assessments and taxes, proceeds
-15-
and revenues for said funds , the proper application thereof, and
the appointment of a receiver .
Section 20. This Ordinance is a legislative measure of the
City . After the Bonds have been issued , sold , and outstanding ,
this Ordinance shall constitute a contract between the City and
the reqistered owners of the Bonds , and shall be and remain
irrepealable until the Bonds and the interest accruino thereon
shall have been fully paid , satisfied , and discharged .
Section 21 . Pursuant to the Uniform Facsimile Signature of
Public Officials Act , Part 1 of Article 55 of Title 11 , Colorado
Revised Statutes, 1973, as amended , the Mayor and the City Clerk
of the City shall forthwith, but in any event prior to the
delivery of the bonds to the Purchaser , file with the Colorado
Secretary of State their manual signatures and an impression of
the seal of the City, certified by them under oath .
Section 22. The officers of the City be , and they hereby
are , authorized and directed to take all action necessary or
appropriate to effectuate the provisions of this Ordinance ,
includinq without limiting the generality of the foregoing, the
printing of the Bonds and the execution of such certificates as
may reasonably be required by the initial Purchaser thereof
relating , inter alia, to the execution of the Bonds , the tenure
and identify of the municipal officials, the absence and existence
of factors affecting the exemption of interest on the Bonds from
federal and state income taxation , the accuracy of property
descriptions , the delivery of the Ponds, and the absence of
litigation pending or threatened affecting the validity of the
Bonds as such is in accordance with the facts .
Section 23. If any section, paragraph, clause, or provision
of this Ordinance shall for any reason be held to be invalid or
unenforceable , the invalidity or unenforceability of such section,
paragraph, clause, or provision shall not affect any of the
remaining provisions of this Ordinance.
Section 24. All acts, orders , resolution , and ordinances and
parts thereof, in conflict with this ordinance be and the same
hereby are rescinded; provided that to the extent that any provi-
sion of this Ordinance might be deemed inconsistent with any
provision of the Code or the ordinance creating the District, this
Ordinance shall supersede any such inconsistent provision, only to
the extent of such inconsistency.
-16-
INTRODUCED, READ, APPROVED ON FIRST READING, AND ORDERED
PUBLISHED ONCE IN FULL THIS 2nd DAY OF OCTOBER, 1984.
CITY OF FORT OLLIN , COL DO
By : V;
Assistant yo
( SEAL)
ATTEST:
CitPC
�—
The foregoing ordinance will be presented for final passage
at a regular meeting of the Council to be held at Council
Chambers, City Hall , 300 LaPorte Avenue , Fort Collins, Colorado ,
on Tuesday, the 16th day of October, 1984, at 5 : 30 p.m.
READ, FINALLY PASSED ON SECOND READING, AND ORDERED PUBLISHED
ONCE BY NUMBER AND TITLE ONLY THIS 16th DAY OF OCTOBER, 1984 .
CITY OF FORT COLLINS , COLORADO
By :
Mayor 61
( SEAL)
ATTEST:
Citv Clerk �
-17-