HomeMy WebLinkAbout165 - 11/20/1984 - AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (OPERA HOUSE BLOCK BUILDING PROJEC 4462A
10/25/84
CERTIFIED RECORD
OF
PROCEEDINGS OF THE COUNCIL OF
THE CITY OF FORT COLLINS , COLORADO
RELATING TO AN ORDINANCE
AUTHORIZING THE ISSUANCE OF ITS
INDUSTRIAL DEVELOPMENT REVENUE BONDS
(OPERA HOUSE BLOCK BUILDING PROJECT)
SERIES 1984
DATED DECEMBER 1, 1984
IN THE AGGREGATE PRINCIPAL AMOUNT OF $3,200,000
Ord 165 , 198y
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 LaPorte 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 Members: Gerald C. Horak, Mayor
E. John Clarke, Assistant Mayor
John B. Knezovich
William Elliott
Kelly Ohlson
Barbara Rutstein
Ed Stoner
City Manager : John E. Arnold
City Clerk : Wanda M. Krajicek
The following persons were absent:
None
Council Member Elliott introduced the
following Ordinance, authorizing the issuance of the City of
Fort Collins Industrial Development Revenue Bonds , (Opera House
Block Building Project) , Series 1984, in the principal amount of
$3,200,000 and providing for the payment of said bonds and the
interest thereon, 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 :
I -1-
ORDINANCE No. 165, 1984
AN ORDINANCE AUTHORIZING AND DIRECTING THE
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS
(OPERA HOUSE BLOCK BUILDING PROJECT) , SERIES
1984 , IN THE AGGREGATE PRINCIPAL AMOUNT OF
$3, 200 , 000 AND THE EXECUTION AND DELIVERY OF A
FINANCING AGREEMENT, A TRUST INDENTURE, AND A
PLACEMENT AGENT AGREEMENT RELATED THERETO; MAKING
CERTAIN DETERMINATIONS WITH RESPECT THERETO;
PROVIDING FOR THE PRINCIPAL AMOUNT, NUMBERS ,
PROVISIONS FOR REDEMPTION AND MATURITY OF, AND
RATES OF INTEREST ON, THE BONDS; REQUESTING THE
TRUSTEE TO AUTHENTICATE THE BONDS; AUTHORIZING
INVESTMENTS; AUTHORIZING INCIDENTAL ACTION;
ORDERING A PUBLIC HEARING; AND REPEALING
INCONSISTENT ACTIONS .
WHEREAS, the City of Fort Collins , Colorado (the " Issuer")
is authorized by the Colorado County and Municipality
Development Revenue Bond Act (the "Act" ) to issue revenue bonds
for the purpose of financing projects to promote industry and
develop trade or other economic activity; and
WHEREAS , the Issuer has been requested to enter into a
Financing Agreement dated as of December 1 , 1984 (the "Financing
Agreement") with Opera House Block Building, Ltd. , a Colorado
limited partnership (the "Owner") , to finance the purchase of
certain land and the purchase, renovation and expansion of
certain commercial facilities thereon in the City of Fort
Collins (the "Project") by the issuance of $3,200,000 in
aggregate principal amount of bonds to be known as Industrial
Development Revenue Bonds (Opera House Block Building Project) ,
Series 1984 (the "Bonds" ) to be issued pursuant to a Trust
Indenture dated as of December 1, 1984 (the " Indenture" ) to
United Bank of Boulder , a Colorado banking corporation, as
Trustee (the "Trustee" ) ; and
WHEREAS, by Resolution 84-159, adopted on October 2 , 1984,
the Council of the City of Fort Collins, Colorado (the
"Council" ) induced the Project by authorizing the Issuer ,
subject to the provisions thereof , to take all necessary and
advisable steps to effect the issuance of the Bonds in the
u 2 •
maximum aggregate principal amount of $ , 650000 , and
WHEREAS , the Owner has sought , and the Council is willing to
agree to, an increase in the maximum principal amount of the
Bonds to $3, 200, 000; and
WHEREAS , the Bonds will be issued, sold and delivered by the
Issuer to purchasers obtained on a best efforts basis by United
Bank of Denver National Association, as the placement agent (the
"Placement Agent") , pursuant to a Placement Agent Agreement ,
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dated as of December 1, 1984 (the "Private Placement
Agreement") , among the Issuer , the Placement Agent and the
Owner , and the proceeds thereof used to pay the cost of
financing the Project, including certain incidental costs and
expenses incurred in connection with the issuance of the Bonds;
and
WHEREAS , concurrently with the issuance of the Bonds, United
Bank of Fort Collins N.A. or other financial institution or
institutions acceptable to the Issuer (the "Bank") will issue an
irrevocable standby letter of credit (the "Letter of Credit")
pursuant to a Reimbursement Agreement dated as of December 1,
1984 (the "Reimbursement Agreement") among the Bank, the Trustee
and the Owner , to enable the Trustee to draw upon such Letter of
Credit in the event the Owner fails to make payments of
principal under the Financing Agreement; and
WHEREAS , the Issuer has considered the Owner 's proposal and
has concluded that the economic and other benefits to the City
will be substantial and that it wishes to proceed with the
financing of the Project;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS, COLORADO, AS FOLLOWS:
Section 1. CONFIRMATION OF PRIOR RESOLUTION. Resolution
No. 84-159 , adopted October 2, 1984 , including the findings and
approvals therein set forth, is hereby ratified and confirmed,
and such findings and approvals are hereby incorporated by
reference herein the same as if set forth in full.
Section 2. APPROVAL OF FINANCING AGREEMENT, INDENTURE, AND
PRIVATE PLACEMENT AGREEMENT. The forms of the Financing
Agreement, the Indenture and the Private Placement Agreement,
presented to this meeting (copies of which shall be filed with
the records of the Issuer) are hereby approved, and the Mayor of
the Issuer (the "Mayor") is hereby authorized to execute and
deliver , and the City Clerk (the "Clerk") is hereby authorized
to affix the seal of the Issuer where appropriate to, and
attest, such documents in substantially such form and upon the
terms and conditions set forth herein and therein, with such
changes therein as such officers shall approve (including
changes in dates and amounts necessary to conform such documents
to the final terms as approved by the Owner) , such approval to
be evidenced by their execution thereof.
In accordance with the requirements of the Act, the Issuer
hereby determines that the following provisions shall be as set
forth in the form of the Indenture hereinbefore approved, which
form is hereby incorporated herein by reference as if set forth
in full:
(a) Custody of the proceeds from the sale of the
Bonds, including their investment and reinvestment until
used to defray the costs of the Project;
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(b) The creation of funds or accounts into which any
Bond proceeds, revenues and income may be deposited or
created;
(c) Limitation on the purpose to which proceeds of any
Bonds or additional bonds may be applied;
(d) Limitation on the issuance of additional bonds,
the terms upon which additional bonds are issued and
secured, the refunding of Bonds and the replacement of Bonds;
(e) The procedure by which the terms of any contract
with Bondholders may be amended or abrogated;
(f) Vesting in the Trustee such properties, rights,
powers and duties in trust as the Issuer determines and
limiting the rights, duties and powers of the Trustees; and
(g) The rights and remedies available in case of a
default to the Bond owners or to the Trustee under the
Financing Agreement or the Indenture.
In accordance with the requirements of the Act, the Issuer
hereby determines that the following provisions shall be as set
forth in the form of Financing Agreement hereinbefore approved,
which form is hereby incorporated herein by reference as if set
forth in full:
(a) The fixing and collection of revenues from the
Project; and
(b) The maintainenance and insurance of the Project.
Section 3. ISSUANCE OF BONDS. The issuance of the Bonds in
the increased amount of $3 ,200,000 is hereby authorized. The
forms of the Bonds set forth in the Indenture are hereby
approved; the Bonds shall be executed with the manual or
facsimile signatures of the Mayor and the Clerk on the face of
the Bonds in substantially such forms with appropriate
insertions and variations, and the seal of the Issuer or a
facsimile thereof is hereby adopted and authorized to be affixed
or imprinted thereon; and the Mayor is authorized and directed
to deliver the Bonds to the Trustee for authentication under the
Indenture and, when they have been authenticated, to deliver
them or cause them to be delivered to the Placement Agent for
delivery to the purchasers of the Bonds pursuant to the
Placement Agent Agreement against receipt of the purchase price
as specified therein, plus any accrued interest due, and to
with the Trustee as provided in
deposi
t the amount
so received
the Indenture.
Section 4 . TERMS OF BONDS. The Bonds shall be in the
aggregate principal amount of $3 ,200 ,000, shall be dated as of
the actual date of issuance and delivery or as otherwise
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provided in the Indenture , shall be issued as fully registered
bonds in the denominations authorized by the Indenture, shall
mature December 1, 2009, and shall bear interest payable
semi-annually on June 1 and December 1 of each year, at the rate
or rates which shall be determined as provided below and in the
form of the Bonds and in the Indenture. Pursuant to Section 6
of the Act, the maximum net effective interest rate for the
Bonds shall not exceed 20%. The numbers and provisions for
redemption of the Bonds, the registration and exchangeability
privileges, the medium and place of payment, and the priorities
in revenues of the Issuer, shall be as set forth (a) in the
aforesaid forms of such Bonds which forms are hereby approved
and incorporated by reference as if set forth in full, and (b)
in the form of the Indenture hereinbefore approved and
incorporated.
Prior to June 1, 1985, the Bonds shall bear interest at the
rate per annum of percent ( %) and from and
including June 1, 1985 to and including November 30, 1989 and
from and including December 1 in any calendar year, commencing
December 1, 1989, to and including November 30 of the next
succeeding calendar year ("Rate Period") , the Bonds shall bear
interest at the rate which is certified to the Trustee by United
Bank of Denver National Association, as Remarketing Agent or its
successors or assigns (the "Remarketing Agent" ) under a
Remarketing Agreement dated as of December 1, 1984 (the
" " t Owner, the Trustee and the
Remarketing Agreement" ) among he ,
Remarketing Agent, as the rate which the Remarketing Agent
anticipates will result in the Bonds having a market value as of
the commencement of such Rate Period which approximates, as
nearly as practicable, their par value, provided that the
interest rate so determined shall not be more than 120% nor less
than 80% of the Index (as defined in the Indenture) as of
April 15, 1985 or the November 1 next preceding the Rate Period
for which the interest rate is to be determined. Anything in
this bond, the Remarketing Agreement or the Indenture to the
contrary, in no event shall the rate of interest hereon,
determined as described above, exceed 20% per annum. The
computation and determination of the interest rates by the
Remarketing Agent shall be conclusive and binding upon the
Issuer, the Trustee, the Owner and the owners of the Bonds.
Section 5. DETERMINATION OF REVENUES. In accordance with
the Act, it is hereby determined that (a) in view of the
ownership of the Project by the Owner and the consequent
subjection of the Project to ad valorem taxes, no amount is
necessary for payments in lieu of taxes; (b) no amount is
required for a reserve fund; and (c) the amounts necessary in
each year to pay the principal of and interest on the Bonds are
as follows:
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redemption of the Bonds , an amount equal to the interest which
shall accrue on the outstanding Bonds over ten (10) months at
the rate then applicable to the Bonds ; and (c) the amounts
necessary in each year to pay the principal of and interest on
the Bonds are as follows:
YEAR PRINCIPAL INTEREST TOTAL
1985 $640,000 $640,000
1986 640, 000 640, 000
1987 $ 35,000 640, 000 675,000
1988 40, 000 633, 000 673, 000
1989 45,000 625,000 670, 000
1990 50, 000 616, 000 666, 000
1991 55,000 606,000 661,000
1992 60, 000 595, 000 655, 000
1993 65, 000 583, 000 648,000
1994 75, 000 570, 000 645, 000
1995 85,000 555, 000 640,000
1996 90, 000 538, 000 628, 000
1997 100,000 520, 000 620, 000
1998 110, 000 500, 000 610, 000
1999 125,000 478, 000 603,000
2000 135, 000 453, 000 588, 000
2001 150,000 426,000 576,000
2002 170, 000 396, 000 566, 000
2003 185,000 362, 000 547, 000
2004 205, 000 325, 000 530, 000
2005 230,000 284 , 000 514, 000
2006 255, 000 238, 000 493, 000
2007 280, 000 187, 000 467,000
2008 310, 000 131 , 000 441, 000
2009 345,000 69, 000 414, 000
The amounts necessary to pay principal and interest are
computed on the assumptions that the entire principal amount is
advanced on the date of issuance and that the interest rate on
the Bonds will be the maximum permitted under the terms of the
Indenture.
Section 6. AUTHENTICATION OF BONDS. The Trustee is hereby
requester to authenticate the Bonds and to deliver them to, or
upon the order of, the Mayor.
Section 7. INVESTMENT OF FUNDS. The Trustee shall be, by
virtue of this Ordinance and without further authorization from
the Issuer , authorized, directed and requested to invest and
reinvest all moneys available therefor held by it pursuant to
the Indenture which by the terms of said Indenture may be
invested, or to deposit and redeposit such moneys in such
accounts as may be permitted by the said Indenture, all subject
to the terms and limitations contained in the Indenture.
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Section 9 BONDS SHALL NOT CONSTITUTE A PECUNIARY LIABILITY
OF THE ISSUER.. As required by the Act, the Bonds shall be
special, limited obligations of the Issuer, payable solely from
the revenues derived from the Project and shall never constitute
the debt or indebtedness of the Issuer within the meaning of any
provision or limitation of the Colorado Constitution, Colorado
Statutes, or the Issuer 's Home Rule Charter, and shall not
constitute or give rise to a pecuniary liability of the Issuer
or a charge against its general credit or taxing powers.
Section 10. REPEALER. All acts, orders, resolutions,
ordinances, or parts thereof, taken by the Issuer 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.
Section 11. ORDINANCE IRREPEALABLE. This Ordinance is, and
shall constitute, a legislative measure of the Issuer, and after
the Bonds are issued and outstanding, this Ordinance shall
constitute a contract between the Issuer 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.
Section 12. SEVERABILITY. If any paragraph, clause or
provision of this Ordinance is judicially adjudged invalid or
unenforceable, 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.
Section 13. PUBLIC HEARING.
NOTICE IS HEREBY GIVEN THAT THE COUNCIL OF THE CITY OF FORT
COLLINS, COLORADO, WILL HOLD A PUBLIC HEARING AT COUNCIL
CHAMGERS , 300 LAPORTE AVENUE, FORT COLLINS, COLORADO ON
NOVEMBER 20, 1984, AT THE HOUR OF 5 :30 P.M. , OR AS SOON
THEREAFTER AS POSSIBLE, ON THE PROPOSED ISSUANCE BY THE CITY OF
ITS INDUSTRIAL DEVELOPMENT REVENUE BONDS IN AN AGGREGATE
PRINCIPAL AMOUNT NOT TO EXCEED $3,200,000, FOR THE PURPOSE OF
FINANCING THE PURCHASE OF CERTAIN LAND AND THE PURCHASE,
RENOVATION AND EXPANSION OF CERTAIN BUILDINGS THEREON TO BE
OWNED AND OPERATED BY OPERA HOUSE BLOCK BUILDING, LTD. , A
COLORADO LIMITED PARTNERSHIP, TO BE LOCATED AT 117-131 NORTH
COLLEGE AVENUE IN THE CITY OF FORT COLLINS. COUNCIL CHAMBERS
ARE ACCESSIBLE TO THE HANDICAPPED. FOLLOWING THE HEARING THE
COUNCIL WILL CONSIDER AND ACT UPON AN ORDINANCE AUTHORIZING THE
FINANCING OF THE PROJECT AND THE ISSUANCE OF THE BONDS. ALL
INTERESTED PERSONS ARE INVITED TO ATTEND THE PUBLIC HEARING,
WHICH WILL BE THE ONLY PUBLIC HEARING HELD PRIOR TO THE FINAL
CONSIDERATION OF THE ORDINANCE BY THE CITY AND THE ISSUANCE OF
THE BONDS.
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INTRODUCED, READ, APPROVED ON FIRST READING , AND ORDERED
PUBLISHED ONCE IN FULL THIS 30th day of October , 1984 .
CITY OF FORT COLLINS , COLORADO
By. L
(CITY) Mayor
(SEAL)
ATTEST:
r
City Clerk
A public hearing will be held and 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.
-8-
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:
(CITY) Mayor
(SEAL)
ATTEST:
City Clerk
-9-
Council Member Fllintt moved that the foregoing
Ordinance heretofore introduced and read by title be approved on
first reading . Council Member Clarke 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" : XXdIlE&WXCXXXQ;Qlik Xd(
E. John Clarke
U USXV(MXXMx0fta I
William Elliott
Kelly Ohlson
Barbara Rutstein
Ed Stoner
Council Members voting "NAY" : Gerald C. Horak
John B. Knezovich
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, on
November 4, 1984.
After consideration of other business to come before the
Council, the meeting was adjourned.
L
Mayor
(CITY) City o Fort Collins , Colorado
(SEAL)
ATTES(�T: ((��
�� Ai�eaY�
City Clerk
City of Fort Collins, Colorado
-10-
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
' vdii3-'ram-Ott iatt
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. 165 , 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.
The Mayor further announced that, in accordance with Federal
tax law relating to the Bonds , a notice of public hearing has
been published once in The Coloradoan , a newspaper of general
circulation in the City of Fort Collins, in its issue dated
November 4, 1984 .
At or after 5 : 30 p.m. , Council held a public hearing on the
proposed Ordinance, including the issuance of the Bonds and the
nature and location of the facilities to be financed therewith,
and all interested persons present were heard by the Council.
Council Member Stoner then read said Ordinance by
its title.
-11-
1 � •
Thereupon, Council Member Stoner moved the final
passage of Ordinance No. 165 , 1984. Council Member Clarke
seconded the motion, and the question being upon the iinal
passage of said Ordinance, the roll was called with the
following result :
Council Members voting "AYE" : Sera id--ez-+fo-rak-
E. John Clarke
F,ah n-$-.--K rreee aie4*
Kelly Ohlson
Barbara Rutstein
Ed Stoner
Council Members voting "NAY" : Gerald C. Horak
John B. Knezovich
The Mayor thereupon 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 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.
Mayor
City of Fort Collins , Colorado
(CITY)
(SEAL)
ATTE
ST:
City Clerk
City of Fort Collins , Colorado
-12-
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. 165 , 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 a notice giving the date of
public hearing 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 December 8 • 1984 , as evidenced
by the certificates of the publisher attached hereto at pages 14
and 15. I further certify that the foregoing pages 1 through
12, 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 l ay of December ,
1984 .
(CITY)
City Clerk
(SEAL) City of Fort Collins , Colorado
-13-
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. )
-14-
The Coloradoan
STATE OF COLORADO )
)ss. AFFIDAVIT OF PUBLICATION
COUNTY OF LARIMER )
T n Anderson being first duly sworn upon oath, deposes
and says: That said is the Legal Cie rk 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
1 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
_ 1 successive weeks-an day o€eaoh suoeess}ve week that the
first publication of said legal notice or advertisement was in the regular and entire edition
of said newspaper on the 4t h day of November , A.D. 1984; that the last
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. 1984, 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-03
Subscribed and sworn to before me, at and within the County of Larimer, State of Colorado
this _ 4t.h—_ day of November -- I A.D. 19 84_.
My Comnmftson Expires Ar t 15, 190
My commission expires
Notary Public
Delivered to -C At Y C I e r k _— .--
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. )
-15-
The Coloradoan
STATE OF COLORADO I
COUNTY OF LARIJfER
Iss. AFFIDAVIT OF Pi'BLICATIO\
� -
_—Terese_ R. Anderson---- - _ . being first duly sworn upon oath, deposes
and says: That said is the ._-Legal Clerk- __ _. _ ___ _. _. _. _. .___ of The Coloradoan: NOTICE IS HEREBY GIVE
that said has personal knowledgeof all facts set forth in this affidavit; that The Coloradoan on T,.,so 'No�ernee:T N, 196
is a public daily newspaper of general circulation, having its principal office and place of ortlnances on seconsea no adotedd eadi giI
business situated in said County of Larimer; that said Coloradoan is printed and published ORDINANCE NO. Ibt, 19N
AN NANCEdaily; that said Coloradoan is a daily newspaper, duly qualified for the purpose set forth THE RI SUANCER OF TINOUTRIAL DEVELOPMENT REV
within the meaning of Chapter 109, Article 1, Sections 1-1 to 1-8 inclusive of Colorado NUE BONDS UNDER THE PRI
Revised Statutes 1973, and any amendment thereof passed prior to the date hereof; that VISIONS OF COUNTY AND THEN OLOR IDT
said newspaper had, prior to January 1, 1936, and has ever since said date been admitted to DEVELOPBON CTMENTPRO R V Fo
the I'nited States Mails as second class matter under the provisions of the Act of ]larch 3, THE OF FOORT COALLINs COLC
RADO, INDUSTRIAL DEVEI
1879,, an any amendments thereof, that said newspaper is printed in whole in said County OPMENT REVENUE BOND'
SERIES 1984 (THE COMRIDG
of Larimer and has a general circulation therein; that said newspaper has been so printed PROJECT) IN THE PR NCIPAi
and published as a public daily newspaper of AMOUNTOFsl.500,OBBFOR TH'
general circulation in said Count of Lar- PURPOSE OF LOANING FUND
1mer, uninterruptedly and continuously, during the period of more than fifty-two COnsP.0 ll- TO COMRIDGE TO FINANOIMPROVEMENTS RELATINI
five weeks next prior to the first issue thereof containing the annexed legal notice of IN TO
AND EQUIPPIMPROVINC
NI
OF AN OFFadvertisement; that said annexed legal notice or advertisement was published in the FACTURINGCBUAILDI cA"1
regular and entire editions of said er news a for FORT COLLINS, LARIMEI
newspaper COUNTY, COLORADO
APPROVING AND AUTHOR12
ING THE EXECUTION ANI
ASSIGNMENT OF A LOAI
AGREEMENT AND NOTE
BETWEEN COMRIDGE AN(
THE CITY;ANDAUTHORIZIN(
THE PREPARATION AND EXE
successive wee-Its-on- _ day CUTION OF CERTAII
--u.1 of-eac#I-sue eessive-wLeek= that the INSTRUMENTS.
UMENTS ANI
first publication of said legal notice or advertisement was in the regular and entire edition
of said newspaper on the 8 t h da of December ORDINANCE NO. 163, 19U
Y A.D. 19 84; that the last AN ORDINANCE RELATING T(
THE ISSUANCE OF INDUS
publication of said legal notice or advertisement was in the regular and entire edition of TRIAL DEVELOPMENT REVE
said newspaper on the 8 t h day of December A.D. 1984, and that VISIONSS"OOF THE COLORAD(
copies of each number of said paper in which said notice or advertisement was published COUNTY AND MUNICIPALITY
p p p DEVELOPMENT AND
REVENUE
were delivered by carriers Or transmitted by mail to each Of the subscribers of said paper, THE ISSUANCE ANDD SALE OF
according to the accustomed mode of business in this office. RADOD,FIFORT
COLLINTRIL ,COLO
EVEL
OPMENT REVENUE BONDS
8-70 SERIES 19" THE CORPORATION PROJECT) IN
THE PRINCIPAL AMOUNT OF
$2.001E FOR THE PURPOSE
OF LOANING FUNDS TO SYN
GENE CORPORATION TC
FINANCE Y` RELATING IMPROVEMENT!
RCONSTIRUCT
ING. IMPROVING, INSTALL
ING AND EQUIPPING OF AN
OFFICE,RESEARCH,LABORA
TORY AND MANUFACTURING
BUILDING IN FORT COLLINS,
LARIMSubscribed and sworn to before me, at and within the County of Larimer, State of Colorado RADO E APPROVING R COUNTY, C AND
this 8th da Of AUTHORIZING THE EXECU
Y December A.D. 19_84-_, TION AND ASSIGNMENT OF
LOAN AGREEMENT AND
I -C`)
My commission expires
/ Notary Public
1
Delivered to C i t y C l e r k
ORDINANCE NO. 165 , 1984
AN ORDINANCE AUTHORIZING AND DIRECTING THE
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE
BONDS (OPERA HOUSE BLOCK BUILDING PROJECT) ,
SERIES 1984, IN THE AGGREGATE PRINCIPAL AMOUNT
OF $3,200, 000 AND THE EXECUTION AND DELIVERY OF
A FINANCING AGREEMENT, A TRUST INDENTURE, AND A
PLACEMENT AGENT AGREEMENT RELATED THERETO;
MAKING CERTAIN DETERMINATIONS WITH RESPECT
THERETO; PROVIDING FOR THE PRINCIPAL AMOUNT,
NUMBERS , PROVISIONS FOR REDEMPTION AND MATURITY
OF, AND RATES OF INTEREST ON, THE BONDS;
REQUESTING THE TRUSTEE TO AUTHENTICATE THE
BONDS ; AUTHORIZING INVESTMENTS; AUTHORIZING
INCIDENTAL ACTION; ORDERING A PUBLIC HEARING;
AND REPEALING INCONSISTENT ACTIONS.
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) May
(SEAL)
ATTEST:
City Clerk
-16-