HomeMy WebLinkAbout197 - 01/15/1985 - AUTHORIZING THE ISSUANCE OF A STREET OVERSIZING FEE REVENUE NOTE IN A PRINCIPAL AMOUNT NOT TO EXCEED ORDINANCE NO. 197 1984
CITY OF FORT COLLINS , COLORlDO
STREET OVERSIZING REVENUE NOTE
SERIES 1985 A
IN THE PRINCIPAL AMOUNT OF NOT MORE THAN $2,000,000
ADOPTED: January 15 , 1985
STATE OF COLORADO )
COUNTY OF LARIMER ) ss.
CITY OF FORT COLLINS )
The City Council of the City of Fort Collins , Colorado, held
a regular meeting in the Council Chambers , at 300 LaPorte Avenue,
Fort Collins, Colorado, on Tuesday, the 18th day of December,
1984 , at the hour of 6 : 30 P.M.
The following persons were present :
Councilmembers : Gerry EEorak, Mayor.
E. John Clarke, Assistant Mayor
John B. Knezovich
William C. Elliott
Ed Stoner
Kelly Ohlson
Barbara Rutstein
City Manager: John E. Arnold
City Clerk: Wanda M. Krajicek
The following persons were absent:
None
Councilmember Elliott 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 Councilmember and for inspection and copying
by the general public.
(ii)
ORDINANCE NO. 197 , 1984
AN ORDINANCE AUTHORIZING THE ISSUANCE OF A STREET
OVERSIZING FEE REVENUE NOTE OF THE CITY OF FORT
COLLINS, COLORADO, IN A PRINCIPAL AMOUNT NOT TO
EXCEED $2, 000, 000 AT ANY TIME, FOR THE PURPOSE OF
CONSTRUCTING STREETS AND SIDEWALK IMPROVEMENTS AS
PROVIDED IN SECTION 95-89 OF THE CODE OF THE CITY;
PRESCRIBING THE FORM OF SAID NOTE; PROVIDING FOR
THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON
SAID NOTE FROM THE REVENUES OF THE STREET
OVERSIZING FEE AND OTHER SPECIFIED REVENUES ; AND
PROVIDING OTHER COVENA14TS AND DETAILS IN
CONNECTION THEREWITH.
WHEREAS, the Council of the City of Fort Collins , Colorado
(the "City" ) has determined that it is necessary and appropriate
to increase the width of certain streets and sidewalks within the
City to arterial or collector status , to make traffic
signalization improvements when required because of collector or
arterial status of streets and to install extra base associated
with the construction of arterial streets; and
WHEREAS , the estimated total cost of such street oversizing
and related projects exceeds from time to time the balance of
moneys in the Street Oversizing Fund established pursuant to
Section 95-88 , et seq. of the Code of the City (the "Code" ) , and
there is not now projected to be sufficient funds in the Street
Oversizing Fund available for the payment of the total cost of
projects estimated for 1985 and thereafter; and
WHEREAS , pursuant to Sections 95-88 , et seq. of the Code ,
the City has levied and imposed certain street oversizing fees as
defined and limited in the Cede; and
WHEREAS , Article V, Part II, Section 20. 3 of the Home Rule
Charter of the City (the "Charter") provides that the City may
issue revenue securities; and
1,,HEREAS, the Council has determined at this time to
authorize the issuance of a Street Oversizing Fee Revenue Note to
evidence a revolving credit line in a maximum principal amount
not to exceed $2, 000 , 000 at any time , for the purposes set forth
above as provided by Article V, Part II, Section 20. 3 of the
Charter, both the principal of and interest on said note to be
payable from the proceeds of the Street Oversizing Fee , the
Street Oversizing Fund and other legally available revenues of
the City; provided however, ad valorem taxes of the City shall
not be used for such purposes; and
11HEREAS, in accordance with the Charter, the Council has
determined that it is in the best interest of the City that the
Street Oversizing Revenue Note of the City to evidence a
revolving credit line in a maximum principal amount not to exceed
$2 , 000 , 000 at any time , should be issued and sold to First
Interstate Bank of Fort Collins, N. A. , in accordance with the
terms and conditions set forth in this Ordinance; and
WHEREAS, it is necessary to provide for the issuance of said
note , and the form and payment thereof;
BE IT ORDAINED BY TIIE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. Authorization. For the purpose of making street
oversizing and related improvements within the City of Fort
Collins, there is hereby authorized a Street Oversizing Fee
Revenue Note , Series 1965 A (the "Note" ) of the City to evidence
a revolving credit line in a maximum principal amount net to
exceed $2 , 000 , 000 at any time. Not withstanding the stated
principal amount of the Note, the City shall not be liable under
the Note for any principal or interest except principal actually
and from time to time advanced thereunder and unpaid and interest
upon such funds as are actually advanced. Both the principal
thereof and the interest thereon shall be payable solely and only
out of the proceeds of the Street Oversizing Fee, the Street
Oversizing Fund authorized by Code Section 95-68 , et seq. , and
other legally available revenues of the City; provided however,
ad valorem taxes of the City shall not be used for such purposes,
as more particularly set forth in this Ordinance.
The Note shall not be or constitute an indebtedness of the
City within the meaning of any constitutional or statutory
limitation upon the incurring of indebtedness and neither the
full faith and credit nor the taxing power of the City is pledged
to the payment of the principal of and interest on the Note and
the City shall not be obligated to pay the Note or the interest
thereon except from Street Oversizing Fee collections, the Street
Oversizing Fund and other legally available revenues of the City;
provided however, ad valorem taxes of the City shall not be used
for such purposes.
That in accordance with provisions of Article V, Part II,
Section 20. 3 of the Charter, revenue securities payable in whole
or in part from the available proceeds of the Street Oversizing
Fee , the Street Oversizing Fund and other legally available
revenues of the City other than ad valorem taxes of the City may
be issued without the requirement of an election on the question
of issuing such security.
Section 2. Note Details. The Note shall be dated as of the
date of issue , shall be issued in the denomination of $100,000,
or any integral multiple thereof , shall be issued in an amount
not to exceed $2, 000 , 000 , shall be issued in typewritten or
printed form, shall be in registered form payable to the
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registered owner thereof, shall mature and be payable in full on
March 1 , 1991 , and shall bear interest from the date of issue in
consecutive installments beginning on September 1 , 1985, and
semiannually thereafter on each succeeding March 1 and
September 1 during the term hereof through and including March 1,
1991 , at a per annum rate equal to seventy-five percent (75%) of
the rate of interest publicly announced by First Interstate Bank
of Fort Collins , N.A. , from time to time at its principal office
in Fort Collins, Colorado, as its "Prime Rate" (computed on the
basis of a 360 day year) (the "Prime Rate") , in any coin or
currency which at the time or times of payment is legal tender
for the payment of public or private debt in the United States of
America, in accordance with the terms hereinafter set forth.
The Note may be prepaid or purchased by the City without
premium, in whole or in part , prior to its maturity date at the
option of the City on any business day. Notice of intent to
prepay or purchase the Note shall be given by the City to the
holder of the Note at least ten (10) business days prior to the
prepayment or purchase date specified in such notice.
The Note is also subject to mandatory prepayment or purchase
by the City, in whole or in part, upon election by and
instructions from the holder of the Note, on March 1 , 1986 and on
March 1 of each year thereafter, at a price of 100% of the
principal balance then required to be paid by the holder thereof,
plus accrued interest thereon to the date fixed for prepayment or
purchase. Notice of the holder' s election to require the City to
prepay or purchase all or any portion of the Note hereunder shall
be given to the City by first class mail, postage prepaid, mailed
not less than sixty (60) days prior to the applicable prepayment
or purchase date.
The initial net effective interest rate on the Note is %
per annum. The net effective interest rate of the Note shall not
exceed twenty percent (20%) per annum at any time.
The principal of the Note shall be payable to the registered
owner thereof as shown on the registration books kept for that
purpose at the office of the City Clerk of the City, as
Registrar, or her successor (the "Registrar" ) , upon maturity and
presentation and surrender of the Note at the office of the
Director of Finance of the City as Paying Agent or his successor
(the "Paying Agent" ) . The interest on the Note shall be paid to
the registered owner thereof by check or draft mailed by the
Paying Agent before each interest payment date (or, if such
interest payment date is not a business day, 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 the Note is not made as herein provided, interest
thereon shall continue at the same rate per annum until the
principal thereof is paid in full.
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Section 3. Form and Execution of the Note. The Note shall
be signed with the manual signature of the Mayor of the City,
attested by the manual signature of the City Clerk, countersigned
with the manual signature of the City Director of Finance, and
sealed or imprinted with the official seal of the City.
Should any officer whose signature appears on the Note cease
to be such officer before delivery of the Note to the purchaser,
such signature shall nevertheless be valid and sufficient for all
purposes.
The Note and the registration panel pertaining thereto shall
be in substantially the following form:
[Form of Note]
No. R-1 UNITED STATES OF AMERICA $2, 000, 000
STATE OF COLORADO
COUNTY OF LARIMER
CITY OF FORT COLLINS, COLOFADO
STREET OVERSIZING NOTE
SERIES 1985 A
DATED AS OF
The City of Fort Collins (the "City") , in the County of
Larimer and State of Colorado, for value received, hereby
promises to pay to the order of the registered owner identified
in the registration panel below, solely from the special monies
and funds provided therefor and hereinafter specified, the
principal amount equal to the lesser of TWO MILLION DOLLARS
($2, 000 ,000) or the amount endorsed on the appropriate schedule
annexed hereto, payable on the first day of March, 1991, with
interest thereon from the date hereof in consecutive installments
beginning on September 1, 1985, and semiannually thereafter on
each succeeding March 1 and September 1 during the term hereof
through and including March 1, 1991 , at a per annum rate equal to
seventy-five percent (75%) of the rate of interest publicly
announced by First Interstate Bank of Fort Collins, N.A. , from
time to time at its principal office in Fort Collins, Colorado,
as its "Prime Rate" (computed on the basis of a 360 day year) (the
"Prime Rate" ) , without deduction for exchange or collection
charges, in any coin or currency which at the time or times of
payment is legal tender for the payment of public or private debt
in the United States of America, in accordance with the terms
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hereinafter set forth. The holder of this Note shall be
obligated to provide funds under the terms of this Note in the
denomination of $100 , 000 or any integral multiple thereof, but at
no time to exceed an outstanding principal amount of $2, 000, 000 ,
upon demand by the City. Notwithstanding the stated principal
amount of this Note, the City shall not be liable under this Note
for any principal or interest except principal actually and from
time to time advanced hereunder and unpaid and interest upon such
funds as are actually advanced. The principal of this Note 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, as Registrar, or her successor (the
"Registrar" ) , upon maturity and presentation and surrender of the
Note. The interest on the Note shall be payable to the
registered owner hereof by check or draft mailed by the Paying
Agent before each interest payment date (or, if such interest
payment date is not a business day, before the next succeeding
business day) , to such registered owner at its address as it last
appears on the registration books kept for that purpose by the
Registrar. If, upon presentation at maturity payment of any Note
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 Note shall not be valid or obligatory for any purpose
until the Registrar shall have manually signed the provision for
registration herein.
This Note may be prepaid or purchased by the City without
premium, in whole or in part, prior to its maturity date at the
option of the City on any business days. Notice of intent to
prepay or purchase the Note shall be given by the City to the
holder of the Note at least ten (10) business days prior to the
prepayment or purchase date specified in such notice.
The Note is also subject to mandatory prepayment or purchase
by the City, in whole or in part, upon election by and
instructions from the holder of the Note, on March 1, 1986, and
on March 1 of each year thereafter, at a price of 100% of the
principal balance then outstanding, plus accrued interest thereon
to the date fixed for prepayment or purchase. Notice of the
holder' s election to require the City to prepay or purchase all
or any portion of the Note hereunder shall be given to the City
by first class mail, postage prepaid, mailed not less than sixty
(60) days prior to the applicable prepayment or purchase date.
This Note is issued by the City for the purpose of making
street oversizing and related improvements within the City, under
the authority of and in full conformity with the Constitution and
Laws of the State of Colorado, the Charter and Code of the City,
and pursuant to an ordinance of the City duly passed and finally
adopted on January 15, 1985 (the "Ordinance") . Both the
principal of this Note and the interest hereon are payable solely
from Street Oversizing Fee revenues , the Street Oversizing Fund,
as established pursuant to Sections 95-88, et seq. , of the Code
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of the City, as amended, (the "Fund" ) , and other legally
available revenues of the City; provided however, ad valorem
taxes of the City shall not be used for such purposes , all as
more particularly set forth in the Ordinance authorizing the
issuance of this Note. This Note does not constitute a debt of
the City of Fort Collins within the meaning of any
constitutional , statutory or charter limitation or provisions ,
and shall not be considered or held to be a general obligation of
the City.
It is hereby certified, recited and warranted that for the
payment of this Note, the City has created and will maintain
until such time as this Note is paid the Fund and will deposit
therein, out of the revenues of the Street Oversizing Fee, the
amounts and revenues specified in said Ordinance , and out of the
Fund, and as an irrevocable charge thereon, will pay this Note
and the interest thereon, in the manner provided by said
ordinance.
This Note is negotiable and shall be transferable by
delivery , but only to an institutional investor.
It is further recited and certified that all requirements of
law and all conditions precedent have been fully complied with by
the proper officers of the City in the issuance of this Note.
IN TESTIMONY WHEREOF, the City of Fort Collins , Colorado,
has caused this Note to be signed with the manual signature of
its Mayor, sealed with the seal of the City, attested by the
manual signature of the City Clerk, countersigned with the manual
signature of the City Director of Finance, as of the day of
THE CITY OF FORT COLLINS, COLORADO
By
Mayor
(SEAL)
ATTEST: COUNTERSIGNED:
City Clerk Director of Finance
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SCHEDULE OF ADVANCES AND PREPAYMENTS ON THE NOTE
OUTSTANDING
A14OUNT OF AMOUNT OF NOTATION PRINCIPAL
DATE ADVANCE PREPAYMENT MADE BY BALANCE
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PRCVISION FOR REGISTRATION
This Note is registered in the office of the City Clerk of
the City of Fort Collins, in Fort Collins, Colorado, as
Registrar, or her successor, in the name of the last owner listed
below; and the principal and interest on this Note shall be
payable only to such owner; all in accordance with the ordinance
authorizing the issuance of this Note. No transfer of this Note
shall be valid unless made on the registration books kept by the
Registrar by the registered owner or his duly authorized attorney
and noted in the registration blank below.
NAME OF REGISTERED OWNER
DATE OF AND ADDRESS, TAX I.D. NUMBER SIGNATURE OF
REGISTRATION OR SOCIAL SECURITY NUMBER REGISTRAR
[End of Form of Note]
Section 4. Disposition of Note Proceeds. The Note shall be
issued and sold for the purpose of making street oversizing and
related improvements within the City. Neither the purchaser of
the Note nor the subsequent holder thereof shall be responsible
for the application or disposal by the City or any of its
officers of the funds derived from the sale thereof. The
issuance of the Note by the City shall constitute a warranty by
and on behalf of the City for the benefit of each and every
holder the Note, that said Note has been issued for a valuable
consideration in full conformity with the law.
All or any portion of the Note proceeds may be temporarily
invested, or reinvested, pending such use, in securities or
obligations which are lawful investments for such municipalities
in the State of Colorado. It is hereby covenanted and agreed by
the City that the temporary investment or reinvestment of the
Note proceeds, or any portion thereof, shall be of such nature
and extent, and for such period, that the Note shall not be or
become an "arbitrage bond" within the meaning of Section 103 (c)
of the Internal Revenue Code of 1954 , as amended (the "Tax
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Code") , and pertinent regulations , and such proceeds, if so
invested or reinvested, shall be subject to the limitations and
restrictions of said Section 103 (c) , and pertinent regulations as
the same now exist or may later be amended. The City shall not
permit all or a major portion of the proceeds of the Note to be
used directly or indirectly in any trade or business carried on
by any person who is not an exempt person within the meaning of
Section 103 (b) of the Tax Code.
Section 5. Street Oversizing Fee . By Ordinance No. 112,
1979 , dated September 11 , 1979 , as amended, the Council has
levied and imposed a Street Oversizing Fee.
Section 6 . Payment of Principal and Interest and
Maintenance of Street Oversizing Fund. The City hereby covenants
that as long as the Note shall be outstanding all revenues from
the Street Oversizing Fee as receipted by the City, shall be set
aside and credited immediately, to the special Street Oversizing
Fund established pursuant to Section 95-88 of the Code. This
Fund, as long as the Note shall be outstanding , shall be
accumulated and administered, and the moneys on deposit therein
shall be applied solely for payment of the principal of and
interest on the Note and for any legal purpose for which the
Street Oversizing Fee and Street Oversizing Fund were
established.
In the event revenues from the Street Oversizing Fee and
monies in the Street Oversizing Fund are insufficient to pay when
due the amount of principal of and interest on the Note , the City
shall use other revenues of the City legally available therefor
to pay when due such amounts; provided however, ad valorem of
taxes of the City shall not be used for such purposes nor shall
the obligations evidenced by the Note constitute a lien on the
real property or any other property of the City.
Section 7. Covenants of the City. The City hereby
irrevocably covenants and agrees with the holder of the Note
issued under the provisions of this Ordinance, until such time as
the principal of and interest on the Note shall have been paid in
full:
(1) The City Council will not repeal Ordinance No. 112,
1979 , as amended, and that it will not amend Chapter 95 of the
Code of the City by decreasing the Street Oversizing Fee, or in
any way which would adversely affect the amount of Street
Oversizing Fee revenues which would otherwise be collected.
(2) It will administer, enforce and collect or cause to be
administered, enforced and collected, the Street Oversizing Fee
authorized by said Chapter 95 , and shall take such necessary
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action to collect delinquent payments as shall be authorized by
Chapter 95 in accordance with law.
(3) It will keep such books and records showing the
proceeds of the Street Oversizing Fee in which complete entries
shall be made in accordance with standard principles of
accounting, and any owner or holder of the Note shall have the
right at all reasonable times to inspect the records and accounts
relating, to the collection and receipts of such Street Oversizing
Fees.
(4) It will, upon written request of the holder of the
Note , cause an audit of the records relating to the collection
and receipts of the Street Oversizing Fee revenues, and upon
request , make available the report of the auditor or accountant
to the holder of the Note, and shall mail a copy of the report to
the original purchaser of the Note. Such audit may be made part
of and included within the general audit of the City, and made at
the same time as the general audit.
Section 8. Additional Notes or Bonds. The City hereby
covenants and agrees that so long as the Note remains outstanding
and unpaid, the City will not issue in the future any additional
notes
ote or bonds or other obligations
payable out of the revenues
derived from its Street Oversizing Fees or any part thereof which
are superior to the Note unless all of the following conditions
are met.
a. The City shall not be in default in the payment of
principal of or interest on the Note; and
b. The annual revenues derived by the City from its Street
Oversizing Fees for the fiscal year immediately preceding the
issuance of additional obligations shall have been not less than
125% of the average amount required to be paid out of said
revenues in any succeeding fiscal year on account of both
principal and interest becoming due with respect to all revenue
obligations of the City payable from the revenues from the Street
Oversizing Fee including the additional obligations proposed to
be issued.
Nothing in this section contained shall prohibit or restrict
the right of the City to issue additional revenue bonds, notes or
other revenue obligations for the purpose of extending,
improving, enlarging, repairing , or altering the City' s street
system and to provide that the principal of and interest on said
revenue bonds, notes or obligations shall be payable out of the
revenues from the Street Oversizing Fee or the Street Oversizing
Fund on a party with or junior and subordinate to the Note.
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Section 9. Acceleration of Maturity in Event of Default.
The City covenants and agrees that if it shall default in the
payment of the principal of or interest on the Note as the same
shall become due and such default shall continue for a period of
thirty (30) days or if the City or its governing body or any of
its officers , agents , or employees thereof, shall fail or refuse
to comply with any of the provisions of the Constitution or
applicable statutes of the State of Colorado, or the laws or
ordinances of the City, or of this Ordinance, then at any time
thereafter and while such default shall continue, the holder of
the Note may by written notice to the City filed in the office of
the City Clerk or delivered in person to said City Clerk, declare
the principal of the Note to be due and payable immediately and
upon any such declaration given as aforesaid, the Note shall
become and be immediately due and payable, anything in this
Ordinance or in the Note contained to the contrary
notwithstanding. This provision, however, is subject to the
condition that if at any time after the principal of the Note
shall have been so declared to be due and payable, all arrears of
interest upon the Note except interest accrued but not yet due on
such Note and all arrears of principal upon the Note shall have
been paid in full and all of the defaults , if any, by the City
under the provisions of this Ordinance and under the provisions
of the statutes of the State of Colorado or the laws and
ordinances of the City, shall have been cured then and in every
such case the holder of the of the Note by written notice to the
City given as herein before specified may rescind and annul such
declaration and its consequences but no such rescission or
annulment shall extend to or effect any subsequent default or
impair any rights consequent thereon.
Section 10 . Remedies. The provisions of this Ordinance,
including the covenants and agreements herein contained, shall
constitute a contract between the City and the holder of the
Note, and the holder of the Note shall have the right:
(a) By mandamus or other suit, action or proceedings at law
or in equity to enforce its rights against the City and its
officers , agents and employees, and to require and compel duties
and obligations required by the provisions of this Ordinance or
by the Constitution and laws of the State of Colorado, or the
laws and ordinances of the City; and
(b) By suit, action or other proceedings in equity or at
law to require the City, its officers , agents and employees to
account as if they were the trustees of an express trust; and
(c) By suit, action or other proceedings in equity or at
law to enjoin any acts or things which may be unlawful or in
violation of the rights of the holder of the notes.
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Nothing contained in this Ordinance, however , shall be
construed as imposing on the City any duty or obligation to levy
any taxes whether to meet any obligation incurred herein or to
pay the principal of or interest on the Note.
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No holder of the Note secured hereby shall have any right in
any manner whatever by its action to affect, disturb or prejudice
the security granted and provided for herein, or to enforce any
right hereunder, except in the manner herein provided, and all
proceedings at law or in equity shall be instituted, had and
maintained for the benefit of the holder of the Note. No remedy
conferred herein upon the holder of the Note is intended to be
inclusive of any other remedy, but each such remedy shall be
cumulative and in addition to every other remedy and may be
exercised without exhausting and without regard to any other
remedv conferred herein. No waiver of any default or breach of
duty or contract by the holder of the Note shall extend to or
affect any subsequent default or breach of duty or contract or
shall impair any rights or remedies thereon. No delay or
omission of the holder of the Note to exercise any right or power
accruing upon any default shall impair any such right or power or
shall be construed to be a waiver of any such default or
accuiescence therein. Every substantive right and every remedy
conferred upon the holder of the Note by this Ordinance may be
enforced and exercised from time to time and as often as may be
deemed expedient. In case any suit, action or proceedings taken
by the holder of the Note on account of any default or to enforce
any right or exercise any remedy shall have been discontinued or
abandoned for any reason, or shall have been determined adversely
to such holder of the Note , then, and in every such case, the
City and the holder of the Note shall be restored to their former
positions and rights hereunder, respectively, and all rights ,
remedies , powers and duties of the holder of the Note shall
continue as if no such suit, action or other proceedings had been
brought or taken.
Section 11. Defeasance. When all principal and interest in
connection with the Note hereby authorized have been duly paid,
the pledge and lien and all obligations hereunder shall thereby
be discharged and the Note shall no longer be deemed to be
outstanding within the meaning of this Ordinance. There shall be
deemed to be such due payment when the City has placed in escrow
and in trust with a commercial bank located within or without the
State of Colorado, and exercising trust powers , an amount
sufficient (including the known minimum yield from Federal
Securities in which such amount may be initially invested) to
meet all requirements of principal and interest as the same
become due to their final maturities. The Federal Securities
shall become due at or prior to the respective times on which the
proceeds thereof shall be needed , in accordance with the schedule
established and agreed upon between the City and such bank, at the
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time of the creation of the escrow, or the Federal Securities ,
shall be subject to redemption at the option of the holders
thereof to assure such availability as so needed to meet such
schedule. The term "Federal Securities" within the meaning of
this section shall include only direct obligations of, or
obligations the principal and interest of which are
unconditionally guaranteed by, the United States of America.
Section 12 . Severability. If any one or more sections or
parts of this Ordinance shall be adjudged unenforceable or
invalid, such judgment shall not affect, impair, or invalidate
the remaining provisions of this Ordinance, it being the
intention that the various provisions hereof are severable.
Section 13. Repealer. All ordinances or parts thereof in
conflict with this Ordinance are hereby repealed.
Section 14. Ordinance Irrepealable. After the Note is
issued this Ordinance shall be and remain irrepealable until the
Note and the interest thereon shall have been fully paid,
satisfied and discharged.
Section 15. Recording and Authentication. This Ordinance ,
as adopted by the Council, shall be numbered and recorded, and
the adoption and publication shall be authenticated by the
signatures of the Mayor and City Clerk and by the certificate of
the publisher, respectively.
Introduced, considered favorably on first reading and
ordered published this 18th day of December , 1984 , and to be
presented for final passage on the 15th day of January, 1985.
(SEAL) Mayor
ATTEST:
City Cl
Passed and adopted on final reading on this 15th day of
January, 1985.
Mayor
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ATTEST:
City Cl
Councilmember Elliott moved that the foregoing
Ordinance heretofore introduced and read by title be approved on
first reading. Councilmember Stoner seconded the
motion.
The question being upon the approval on first reading of the
Ordinance, the roll was called with the following results:
Councilmembers voting "AYE" :
Gerry Horak, Mayor
E. John Clarke , Assistant Mayor
John B. Knezovich
William C. Elliott
Ed Stoner
Kelly Ohlson
Barbara Rutstein
Councilmembers voting "NAY"
None
The Mayor thereupon declared that, a majority of the
Councilmembers present having voted in favor thereof, the motion
was carried and the Ordinance duly approved on first reading.
Thereupon the Mayor ordered said Ordinance published once 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.
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After consideration of other business to come before the
Council, the meeting was adjourned.
Mayor
Gerry Crak
ATTEST:
City Clerk 1�eRS
Wanda M. Krajicek
STATE OF COLORADO )
COUNTY OF LARIMER )
CITY OF FORT COLLINS )
The Council of the City of Fort Collins, Colorado, held a
regular meeting at 300 LaPorte Avenue, Fort Collins, Colorado, on
Tuesday, the 15th day of January, 1985 , at the hour of 6:30 P.M.
The following persons were present:
Councilmembers: Gerry Horak, Mayor
E. John Clarke, Assistant Mayor
John B. Knezovich
William C. Elliott
Ed Stoner
Kelly Ohlson
Barbara Rutstein
City Manager: John E. Arnold
City Clerk: Wanda M. Krajicek
The following persons were absent:
None
The Mayor informed the Council that Ordinance No. 197 ,
1984, which was introduced, approved on first reading, and
ordered published once in full at a regular meeting of the
Council held on December 18 , 1984 , was duly published in The
- 15 -
Coloradoan, a newspaper of general circulation published in the
City , in its issue of December 23 , 198 4 .
Councilmember Knezovich then read said Ordinance by its
title.
;'hereupon, Councilmember Knezovich moved the final
passage of Ordinance No. 197 , 1984 , and the question being upon
the final passage of said Ordinance, the roll was called with the
following results :
Councilmembers voting "AYE" :
Gerry Horak, mayor
E. John Clarke , Assistant Mayor
John B. Knezovich
C7illiam C. Elliott
Ed Stoner
Xelly Ohlson
Barbara Rutstein
Councilmembers voting "NAY" :
None
The Mayor thereupon declared that a majority of the
Councilmembers present having voted in favor thereof, the motion
was carried and the Ordinance finally passed.
Thereupon the Mayor ordered 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.
A nAk
14ayor 11
Gerry Horak
ATTEST:
City Clerk '
Wanda M. Krajicek
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STATE OF COLORADO )
ss.
COUNTY CF LARIMER )
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.197. 19,94 . 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, at a regular meeting thereof
held at 300 LaPorte Avenue, Fort Collins, Colorado, the regular
meeting place thereof, on Tuesday, the 18th day of December,
1984 , that said Ordinance was finally passed on second reading by
said Council at a regular meeting thereof held at 300 LaPorte
Avenue, Fort Collins, Colorado, the regular meeting place
thereof, on Tuesday, the 15th day of January, 1985 , that a true
copy of said Ordinance has been authenticated by the signatures
of the Mayor of said City and myself as recorded in a book marked
"Ordinance Record" kept for such 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 stating the date when said Ordinance would be presented
for the final passage thereof, in the The Coloradoan , a newspaper
of general circulation published in the City , in its issues of
December 23 84 , and January 20, 1985 , as evidenced by the
certificates of the publisher attached hereto at pages 21 and 22.
I further certify that the foregoing pages 1 through 19 ,
inclusive, constitute a true and correct copy of the record of
the proceedings of said Council at its regular meetings of
December 18 , 1984 , and January 15 , 1985, insofar as said
proceedings relate to said Ordinance; and that said proceedings
were duly had and taken, that the meetings were duly held; and
that the persons were present at said meetings as therein show.
IN WITNESS WHEREOF, I have hereunto sat my hand and the
seal of the City of Fort Collins this 21st day of January ,
1985.
ao 1�
City Clerk
Wanda M. Krajicek
17 -
STATE OF COLORADO )
COUNTY OF LARIMER ) ss.
CITY OF FCRT COLLINS )
(Attach affidavit of publication in full of Ordinance and notice
giving date when Ordinance to be presented for final passage. )
SON1 : 1
18 -
The Coloradoan
STATE OF COLORADO
COUNTY OF LARIMER )as. AFFIDAVIT OF PUBLICATION
Tprpgp R Anderson being first duly sworn upon oath, deposes
and says: That said is the 1 i rl erk 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, anA 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
__ L successive w*6"an Say that the
first publication of said legal notice or advertisement was in the regular and entire edition
of said newspaper on the 93rd day of —December , 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 23rd day of December , A.D. 19 84, 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.
n C-39
Subscribed and sworn to before me, at and within the County of Larimer, State of Colorado
this — 91rel day of j.r�—hgr A.D. 19 cis.
MY Comm;-:Sion ; 15, IM
My commission expires 1212,ftcl,ide, Fort Co-'in>, Co 83524
Notary Public
Delivered to City Clerk __—
i ne Coloradoan
STATE OF COLORADO
COUNTY OF LARIMER )ss. AFFIDAVIT OF PUBLICATION
Terese 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 1963, and any amendment thereof passed prior to the date hereof; that
said newspaper had, prior to January 1, 1936, and has ever since said date been admitted to
the United States Mails as second class matter under the provisions of the Act of March 3,
1879, and any amendments thereof, that said newspaper is printed in whole in said County
of Larimer and has a general circulation therein; that said newspaper has been so printed
and published as a public daily newspaper of general circulation in said County of Lar-
imer, uninterruptedly and continuously, during the period of more than fifty-two consecu-
tive weeks next prior to the first issue thereof containing the annexed legal notice of
advertisement; that said annexed legal notice or advertisement was published in the
regular and entire editions of said newspaper for
I successive-veelts-ea day of each successive week; that the
first publication of said legal notice or advertisement was in the regular and entire edition
of said newspaper on the 20rh day of January , A.D. 1985_; that the last
publication of said legal nolWehor advertisemenj was in the regular and ent' edition of
said newspaper on the t day of January A.D. 19 �, 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.
D-34
Subscribed and sworn to before me, at and within the County of Larimer, State of Colorado
this 20th day of January A.D. 19 85
1 197
My commission expires _
Notary Public
Delivered to Ci ry Clerk