HomeMy WebLinkAbout118 - 10/06/1981 - AUTHORIZING THE ISSUANCE OF PARKLAND FEE REVENUE BONDS IN THE PRINCIPAL AMOUNT OF $215,000, FOR THE 4
ORDINANCE NO 118 , 1981
AN ORDINANCE AUTHORIZING THE ISSUANCE OF PARKLAND FEE
REVENUE BONDS OF THE CITY OF FORT COLLINS, COLORADO, IN
THE PRINCIPAL AMOUNT OF $215,000, FOR THE PURPOSE OF
ACQUIRING PARKLAND WITHIN THE CITY, PRESCRIBING THE
FORM OF SAID BONDS AND INTEREST COUPONS, PROVIDING FOR
THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID
BONDS FROM THE REVENUES OF THE PARKLAND FEE, AND
PROVIDING OTHER COVENANTS AND DETAILS IN CONNECTION
THEREWITH
WHEREAS, the City Council of Fort Collins has determined that it is
necessary to acquire parkland within the City as more particularly des-
cribed on Exhibit "A" attached hereto and by this reference made a part
hereof, and
WHEREAS, the estimated total cost of the project and reserve account
is approximately $215,000, and there are not now sufficient funds available
for the payment of the total cost of the project and other projects bud-
geted for 1981, and
WHEREAS, pursuant to Ordinance No 38, 1968, as amended, City has
levied and imposed a municipal parkland fee as defined and limited in said
ordinances, and
WHEREAS, the City Charter in Article V, Part II, Section 20 4 provides
that the City may issue revenue bonds as follows
"Section 20 4 Revenue securities
The City, by Council action and without an elec-
tion may issue securities made payable solely from
revenue derived from the operation of the project or
capital improvement acquired with the securities '
proceeds, or from other projects or improvements, or
from the proceeds of any sales tax, use tax or other
excise tax, or solely from any source or sources or any
combination thereof other than ad valorem taxes of the
City" and,
WHEREAS, the City Council has determined at this time to authorize the
issuance of Parkland Fee Revenue Bonds in the principal amount of $215,000,
for the purposes set forth above as provided by Article V, Part II, Section
20 4, both the principal of and interest on said bonds to be payable solely
from the proceeds of the Parkland Fee, and
WHEREAS, in accordance with the City Charter, the City Council has
determined that it is in the best interest of the City that the Parkland
Fee Revenue Bonds of the City in the principal amount of $215,000, should
be issued and sold to Boettcher and Company, Denver, Colorado, in accor-
dance with Resolution #81-118, of August 18, 1981, and
WHEREAS, it is necessary to provide for the issuance of said bonds,
and the form and payment thereof,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Section 1 Authorization That for the purpose of acquiring parkland
within the City of Fort Collins, there are hereby authorized Parkland Fee
Revenue Bonds (the Bonds) of the City of Fort Collins, in the principal
amount of $215,000 Both the principal thereof and the interest thereon
shall be payable solely and only out of the proceeds of the Parkland Fee
authorized by Ordinance 38, 1968, finally passed and adopted on September
25, 1968, as amended, as more particularly set forth in this Ordinance
The bonds 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 faith and credit nor the taxing
power of the City is pledged to the payment of the principal of and inter-
est on the bonds and the City shall not be obligated to pay the bonds or
the interest thereon except from the Parkland Fees
That in accordance with the provisions of Article V, Part II, Section
20 4 of the City Charter, revenue bonds payable in whole or in part from
the available proceeds of Parkland Fees may be issued without the require-
ment of an election on the question of issuing bonds
Section 2 Bond Details That the bonds shall be dated October 1,
1981, consisting of 43 bonds in the denomination of $5,000 each, numbered 1
to 43, inclusive, shall be payable to bearer, ana bear interest according
to interest coupons attached thereto, from date to maturity, payable on
April 1, 1982, and semi-annually thereafter on the 1st day of April and the
1st day of October each year, and mature serially on October 1, as follows
Amount Maturity Interest Rate
$40,000 1982 10 60%
$40,000 1983 10 60%
$45,000 1984 10 607
$45,000 1985 10 60%
$45,000 1986 10 60%
Bonds of this issue shall not be redeemable in advance of their
respective maturity dates
The net effective interest rate of this issue of bonds is 10 60% per
annum
The principal of and interest on said bonds shall be payable at the
First Interstate Bank of Fort Collins, N A ( "paying agent") in Fort
Collins, Colorado
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Section 3 Form and Execution of Bonds and Interest Coupons The
bonds shall be signed with the facsimile signature of the Mayor of the
City, attested by the manual signature of the City Clerk, countersigned
with the facsimile signature of the Director of Finance, and sealed with a
facsimile of the official seal of the City, and the interest coupons to be
signed with the facsimile signature of the Director of Finance When
issued as aforesaid as part of said bonds, such interest coupons shall be
the binding obligations of the City according to their import
Should any officer whose manual or facsimile signature appears on said
bonds or the coupons attached thereto 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
The Bonds and the interest coupons attached thereto shall be in
substantially the following form
(Form of Bond)
UNITED STATES OF AMERICA
STATE OF COLORADO COUNTY OF LARIMER
LITY OF FORT COLLINS
PARKLAND FEE REVENUE BOND
SERIES 1981
No $5,000
The City of Fort Collins, in the County of Larimer and State
of Colorado, for value received, hereby promises to pay to the
bearer hereof the principal sum of
FIVE THOUSAND DOLLARS
in lawful money of the United States of America, on the 1st day
of October, 198 , with interest thereon from date to maturity
according to interest coupons attached hereto, at the rate of Ten
and Sixty-Hundredths per centum (10 60%) per annum, payable on
April 1, 1981, and semi-annually thereafter on the 1st day of
April and the 1st day of October each year, all such principal
and interest being payable at the First Interstate Bank of Fort
Collins, N A , in Fort Collins, Colorado, upon presentation and
surrender of the attached coupons and this Bond as they severally
become due
Bonds of this issue are not redeemable prior to their
respective maturity dates
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This Bond is issued by the City of Fort Collins, Colorado,
for the purpose of acquiring parkland within the City, under the
authority of and in full conformity with the Constitution and
Laws of the State of Colorado, the Charter of said City, and
pursuant to Ordinance No of the City duly passed and adopted
prior to the issuance of this Bond Both the principal of this
Bond and the interest hereon are payable solely from Parkland Fee
Revenues which portion are paid into the Parkland Fee Principal
and Interest Account which constitutes a segregated account for
the payment of this Bond, and constitutes a first and prior lien
on said Account (although not necessarily an exclusive first
lien) , all as more particularly set forth in the ordinance
authorizing the issuance of this Bond This Bond 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 The holder of this Bond may not look to
any general or other fund of the City for the payment of the
principal of or interest on this obligation except the Account
referred to above
It is hereby certified, recited and warranted that for the
payment of this bond, the City of Fort Collins has created and
will maintain said Account and will deposit therein, out of the
revenues of the Parkland Fund, the amounts and revenues specified
in said ordinance, and out of said Account, and as an irrevocable
charge thereon, will pay this bond and the interest thereon, in
the manner provided by said ordinance
This bond and the interest coupons attached hereto are
negotiable and shall be transferable by delivery
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 bond
IN TESTIMONY WHEREOF, the City of Fort Collins, Colorado,
has caused this bond to be signed with the facsimile signature of
its Mayor, sealed with a facsimile of the seal of the City,
attested by the manual signature of the City Clerk, countersigned
with the facsimile signature of the Director of Finance, and the
interest coupons attached hereto to be signed with the facsimile
signature of the Director of Finance, as of the _ day of
THE CITY OF FORT COLLINS, COLORADO
( Facsimile Signature)
By (do not sign)
Mayor
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(FACSIMILE)
(SEAL)
ATTEST COUNTERSIGNED
(Manual Signature) (Facsimile Signature)
(Do not sign) (Do not sign)
City Clerk Director of Finance
(Form of Interest Coupon)
Bond No
Coupon No $
On the 1st day of April/October, 19 the City of Fort Collins, in
the County of Larimer, and the State of Colorado, will pay to the bearer
hereof the amount shown hereon, in lawful money of the United States of
America, at the First Interstate Bank of Fort Collins, N A , in Fort
Collins, Colorado, solely out of the Account referred to in the bond to
which this coupon is attached, but not otherwise, being interest then due
on its Parkland Fee Revenue Bond, dated October 1, 1981
(Facsimile Signature)
(Do not sign)
Director of Finance
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Section 4 Disposition of Bond Proceeds The bonds shall be issued
and sold for the purpose of acquiring parkland within the City Neither
the purchaser of the bonds nor the subsequent holder of any of them 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 said
bonds by the City shall constitute a warranty by and on behalf of the City
for the benefit of each and every holder of said bonds, that said bonds
have been issued for a valuable consideration in full conformity with the
law
All or any portion of the bond 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 bond proceeds, or any portion thereof, shall be of such
nature and extent, and for such period, that the bonds shall not be or
become arbitrage bonds within the meaning of Section 103(c) of the Internal
Revenue Code of 1954, as amended, 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
Section 5 Parkland Fee By Ordinance No 38, 1968, dated September
9, 1968, as amended, the City Council has levied and imposed a Parkland
Fee Section 82-3 of Chapter 82 of the Code of the City of Fort Collins
provides the following
82-3 Collection of fee
Hereafter, no original permanent connection for
utility service shall be permitted by the city for any
dwelling unit outside or inside the limits of the City
of Fort Collins until a fee of five hundred dollars
($500) per dwelling unit connected is paid to the
Director of Finance of the City of Fort Collins All
such payments shall be deposited by the Director of
Finance in the fund created by this chapter Only one
(1) fee of five hundred dollars ($500) shall be charged
for any dwelling unit, and no additional fee for
acquisition and development of parklands shall be
charged for additional utility connections to the same
dwelling unit In the event that any structure already
connected to a city utility is remodeled so that
the number of dwelling units within such structure is
increased, an additional fee of five hundred dollars
($500) for each additional unit added in the structure
shall be payable by the property owner and collected
before the building permit for such remodeling is
issued
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Section 6 Payment of Principal and Interest and Establishment of
Special Accounts The City hereby covenants that as long as any of these
bonds shall be outstanding all revenues from the Parkland Fee as receipted
by the City, shall be set aside and credited immediately, to a special
separate fund designated as the "City of Fort Collins, Colorado, Parkland
Fund" This fund, as long as any of these bonds shall be outstanding,
shall be accumulated and administered, and the moneys on deposit therein
shall be applied, in the following order of priority
(1) First, the City shall deposit in a special separate fund hereby
created as a restricted account designated as the "Parkland Fee Principal
and Interest Account" the following the interest accrued on the Bonds
from their date of issue to the date of delivery thereof to the Purchaser,
to apply to the payment of interest on the Bonds as the sane becomes due
after their delivery, and monthly deposits, beginning October 1, 1981,
one-sixth (1/6) of the aggregate amount of the next maturing installment of
interest on the Bonds and Additional Parity Bonds and any other Parity
Securities then Outstanding and, one-twelfth (1/12) of the aggregate amount
of the next maturing installment of principal of the Bonds
The City Finance Director is hereby authorized and directed to with-
draw from the Parkland Fee Principal and Interest Account and to the extent
necessary to prevent a default in the payment of either principal of or
interest on the bonds from the Parkland Fee Reserve Fund sums sufficient to
pay the principal of and interest on the bonds and the fees and expenses of
the paying agent as and when the same become due and to forward such sums
to the paying agent not less than three days prior to dates when such
principal , interest, fees, and expenses will become due
(2) Second, the City shall deposit in a special separate fund hereby
created as a restricted account designated as the "Parkland Fee Reserve
Account", forthwith upon receipt of the proceeds of the Bonds, the sum of
$50,000, as a continuing minimum reserve requirement to meet possible
deficiencies in the Principal and Interest Account No payment need be
made into the Reserve Account so long as the moneys therein shall equal not
less than $50,000 In the event that the amount of the Reserve Account
falls below the minimum amount required to be maintained therein, then the
City will credit to the Reserve Account that sum of money needed from all
legally available funds to accumulate or reaccumulate the amount therein so
that at all times the amount of the Reserve Account equals said minimum
amount The moneys in the Reserve Account shall be set aside, accumulated,
and, if necessary, reaccumulated as provided therein, from tirre to time,
and maintained as a continuing reserve to be used only to prevent defi-
ciencies in payment of the debt service requirements of the Bonds
(3) Third, the City shall deposit monthly, amounts sufficient to pay
principal and interest on any subordinate bonds payable from the Parkland
Fee
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(4) Fourth, the City may use the balance of funds for any legal
purpose for which the Parkland Fee was established
The owners and holders of the Revenue Bonds authorized herein shall
have a first and prior lien on said accounts The obligations evidenced by
said Parkland Fee Revenue Bonds shall not constitute a lien on the real
property or the improvements, or any other property of the City of Fort
Collins, but shall constitute a lien only on the amounts segregated in said
accounts as provided in this Ordinance
Section 7 Covenants of the City The City hereby irrevocably
covenants and agrees with each and every holder of the Parkland Fee Revenue
Bonds issued under the provisions of this Ordinance, that so long as any of
said bonds remain outstanding
(1) The City Council will not repeal Ordinance No 38, 1968, as
amended, and that it will not amend Chapter 82 of the Code of the City of
Fort Collins by decreasing the Parkland Fee, or in any way which would
adversely affect the amount of Parkland Fund revenues which would otherwise
be collected, except that the City Council reserves the right to amend
§82-3 of the City Code to exclude from collection of such Parkland Fees
those dwelling units which are not located inside the City limits of the
City of Fort Collins or within the Urban Growth area of the City of Fort
Collins as currently defined in the adopted Intergovernmental Agreement
between the City of Fort Collins and Larimer County establishing the Fort
Collins Urban Growth Area
(2) It will administer, enforce and collect or cause to be adminis-
tered, enforced and collected, the Parkland Fee authorized by said Chapter
82, and shall take such necessary action to collect delinquent payments as
shall be authorized by Chapter 82 in accordance with law
(3) It will keep such books and records showing the proceeds of the
Parkland Fee in which complete entries shall be made in accordance with
standard principles of accounting, and any owner or holder of any of the
bonds authorized herein shall have the right at all reasonable times to
inspect the records and accounts relating to the collection and receipts of
such Parkland Fees
It will , at least once each year, cause an audit of the records
relating to the collection and receipts of the Parkland Fee revenues, and
upon request, make available the report of the auditor or accountant, to
any holder of such bonds, and shall mail a copy of the report to the
original purchaser of the bonds Such audit may be made part of and
included with in the general audit of the City, and made at the same time
as the general audit
Section 8 Additional Municipal Bonds The City hereby covenants
and agrees that so long as any of the bonds remain outstanding and unpaid,
the City will not issue any additional bonds or other obligations payable
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out of the revenues derived from its Parkland Fees or any part thereof
which are superior to the bonds The City further covenants and agrees
that so long as any of the bonds remain outstanding and unpaid, the City
will not issue any additional bonds or other obligations payable out of the
revenues of its Parkland Fee or any part thereof which stand on a parity or
equality with the bonds 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 bonds
b The annual revenues derived by the City from its Parkland Fees for
the fiscal year immediately preceding the issuance of additional bonds
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 Parkland Fee including the
additional bonds proposed to be issued
Additional revenue bonds of the City issued under the conditions
hereinbefore in this section set forth shall stand on a parity with the
bonds and shall enjoy complete equality or lien on in claim against the
revenues from the City's Parkland Fee and the City may make equal provision
for paying said bonds and the interest thereon out of the Parkland Fund and
may likewise provide for the creation of reasonable principal and interest
accounts and bond reserve accounts for the payment of such additional bonds
and the interest thereon out of monies in the Parkland Fund
Nothing in this section contained shall prohibit or restrict the right
of the City to issue additional revenue bonds or other revenue obligations
for the purpose of extending, improving, enlarging, repairing, or altering
the City's park system and to provide that the principal of and interest on
said revenue bonds or obligations shall be payable out of the revenues from
the City' s Parkland Fee provided at the time of the issuance of such
additional revenue bonds or obligations, the City shall not be in default
in the performance of any covenant or agreement contained in this ordinance
and provided further that such additional revenue bonds or obligations
shall be ,junior and subordinate to the bonds so that if at any time the
City shall be in default in paying either interest on or principal of the
bonds or if the City shall be in default in making any payments required to
be made by it, the City shall make no payments of either principal of or
interest on said ,junior and subordinate revenue bonds or obligations until
said default or defaults be cured In the event of the issuance of any
such ,junior and subordinate revenue bonds or obligations, the City, subject
to the provisions aforesaid, may make provision for paying the principal of
and interest on said revenue bonds or obligations out of monies in the
Parkland Fund
Section 9 Acceleration of Maturity in Event of Default The City
covenants and agrees that i it sha a au t in the payment o the princi-
pal of or interest on any of the bonds as the same shall be come due and
such default shall continue for a period of thirty (30) days or if the City
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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 Constitu-
tion 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 holders of 25% in principal
amount of the bonds then outstanding 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 all bonds then outstanding to be due and
payable immediately and upon any such declaration given as aforesaid, all
of said bonds shall become and be immediately due and payable, anything in
this ordinance or in the bonds contained to the contrary notwithstanding
This provision, however, is subject to the condition that if at any time
after the principal of said outstanding bonds shall have been so declared
to be due and payable, all arrears of interest upon all of said bonds
except interest accrued but not yet due on such bonds and all arrears of
principal upon all of said bonds 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 holders of the majority in amount of the bonds then outstand-
ing by written notice to the City given as herein before specified may
rescind and annul such declaration and its consequences but no such rescis-
sion 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 holders of the bonds, and the holder or holders of
not less than 10% in principal amount of the bonds at the time outstanding
shall have the right, for the equal benefit and protection of all holders
of bonds similarly situated
(a) By mandamus or other suit, action or proceedings at law or in
equity to enforce his or their 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 bonds
Nothing contained in this ordinance, however, shall be construed as
imposing on the City any duty or obligation to levy any taxes either to
meet any obligation incurred herein or to pay the principal of or interest
on the Bonds
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No one or more bondholders secured hereby shall have any right in any
manner whatever by his or their action to affect, disturb or prejudice the
security granted and provided for herein, or to enforce any right here-
under, except in the manner herein provided, and all proceedings at law or
in equity shall be instituted, had and maintained for the equal benefit of
all holders of such outstanding bonds and coupons No remedy conferred
herein upon the bondholders is intended to be exclusive 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 remedy conferred herein No waiver of any default or breach of
duty or contract by the holder of any bond 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 any bondholder 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 acquie-
scence therein Every substantive right and every remedy conferred upon
the holders of the bonds 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 any bondholder 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 bondholder, then, and in every such case, the City and
the holders of the bonds shall be restored to their former positions and
rights hereunder , respectively, and all rights, remedies, powers and duties
of the bondholders 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 connec-
tion with the bonds hereby authorized have been duly paid, the pledge and
lien and all obligations hereunder shall thereby be discharged and the
bonds 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 became 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
time of the creation of the escrow, of 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 Secur-
ities" within the meaning of this section shall include only direct obliga-
tions of, or obligations the principal and interest of which are uncondi-
tionally guaranteed by, the United States of America
Section 12 Severability That if any one or more sections or parts
of this Ordinance sha be adjudged unenforceable or invalid, such judgment
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shall not affect, impair, or invalidate the remaining provisions of this
Ordinance, it being the intention that the various provisions hereof are
sevez able
Section 13 Repealer All ordinances or parts thereof in conflict
with this Ordinance are hereby repealed
Section 14 Ordinance Irrepedlable After said bonds are issued this
Ordinance shall be and remain irrepealable until said bonds and the inter-
est thereon shall have been fully paid, satisfied and discharged
Section 15 Recording and Authentication This Ordinance, as adopted
by the City 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 pub-
lished this 15th day of September, 1981, and to be presented for final
passage on the 6th day of October, 1981
rlpt'." I,M4
(SEAL) hlayo
ATTEST
City Clerk
1981 Passed and adopted on final reading on this 6th day of October,
�a &
Mayor
ATTEST
0L�4�1
City Clerk
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