HomeMy WebLinkAbout053 - 05/03/1983 - AUTHORIZING THE ISSUANCE OF CITY TAX INCREMENT BOND ANTICIPATION NOTES, DATED APRIL 1, 1983, IN THE ORDINANCE NO. 53 , 1983
AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF FORT
COLLINS , COLORADO, TAX INCREMENT BOND ANTICIPATION NOTES ,
SERIES APRIL 1 , 1983 , DATED APRIL 1 , 1983 , IN THE AGGREGATE
PRINCIPAL AMOUNT OF $3 , 100 ,000 .
WHEREAS , on April 21 , 1981 , the City of Fort Collins,
Colorado (the "City" ) adopted Ordinance No. 46 , 1981 , establish-
ing the Fort Collins, Colorado Downtown Development Authority
(the "Authority") ; and -
WHEREAS , the Authority is a body corporate duly created,
established and authorized to transact business and exercise its
powers, all under and pursuant to the Downtown Development
Authorities act of the State of Colorado, Section 31-25-801 et
seq. , C.R.S. 1973 , as amended (the "DDA Act") , and the powers of
the Authority include the power to plan and propose development
and redevelopment of public and private property within the
central business district of the City hereinafter defined (the
"District" ) ; and
WHEREAS, the Authority' s Plan of Development was approved by
the City on September 8 , 1981 , pursuant to which the Authority
now proposes to undertake the acquisition of real property and
land assembly, demolishing of existing structures, conducting
investiaations and studies , and making and constructing public
improvements within the District, all in furtherance of and
pursuant to the Plan of Development (the "Project" ) , which
Project. includes the projects described in Exhibit A hereto; and
WHEREAS , on June 1 , 1982 , a special election was held
pursuant to Section 31-25-807 (b) of the DDA Act approving the
issuance by the City of up to $25 ,000 ,000 in tax increment
obligations to finance projects of the Authority; and
WHEREAS, the City is empowered by its Charter and the
provisions of the Bond Anticipation Note Act of the State of
Colorado, Section 29-14-101 et seq. , C.R.S. 1973 , as amended (the
"BAN Act" ) , to issue bond anticipation notes in anticipation of
the issuance by the City at a later date of tax increment bonds
pursuant to the DDA Act or other municipal bonds to be issued by
the City at or prior to maturity of the Notes on April 1 , 1986 ,
or any bond anticipation notes issued in substitution for the tax
increment bond anticipation notes , and to make such ta;> increment
bond anticipation notes payable from the proceeds of the sale of
such bonds or additional bond anticipation notes; and
WHEREAS , the bond anticipation notes will be secured by a
pledge of certain incremental ad valorem property taxes collected
within the District, as authorized by Section 31-25-807 (3) (a) of
the DDA Act; provided, however, no ad valorem taxes of the City
shall be used or pledged for such purposes except to the extent
such ad valorem taxes constitute a part of the Pledged Revenues;
and
WHEREAS , the Council of the City (the "Council" ) hereby
determines that it is reasonable, necessary and prudent at this
time to issue bond anticipation notes in order to acquire,
purchase, construct and carry out the Project and further to
provide for the payment of such notes as hereinafter provided;
and
WHEREAS, the City has received a proposal for the purchase
of such notes upon terms favorable to the City, and the Council
has determined to accept the same.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS ,
COLORADO, AS FOLLOWS:
Section 1 . Definitions. As used in this Ordinance, the
following terms shall have the following meanings , unless the
context otherwise requires:
(a) "Anticipated Bonds" means tax increment bonds
issued pursuant to the DDA Act or other municipal bonds
issued by the City at or prior to maturity of the Notes on
April 1 , 1986 , the proceeds of which are deposited in the
Note Fund and used to pay the principal of and interest on
the Notes.
(b) "Authority" means the Fort Collins, Colorado,
Downtown Development Authority.
(c) "BAN Act" means the Bond Anticipation Note Act of
the State of Colorado, Section 29-14-101 et seq. , C.R.S.
1973 , as amended.
(d) "City" means the City of Fort Collins, Colorado.
(e) "DDA Act" means the Downtown Development
Authorities Act of the State of Colorado, Section 31-25-101
et seq. , C.R. S. 1973 , as amended.
(f) "District" means the area described in the
Authority' s Plan of Development approved by City' s Ordinance
No. 46 , 1981 , on September 8 , 1981 , as amended by the City' s
Ordinance No. 162 , 1981 and Ordinance No. 2 , 1983 , and as
may be further amended from time to time in compliance with
the DDA Act.
(g) "Federal Securities" means (to the extent the
following are lawful investments for funds of the City)
direct obligations of the United States of America or
obligations unconditionally guaranteed by the United States
of America.
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(h) "Fiscal Year" means the year period beginning on
any January 1 and ending on the next following December 31 .
(i) "Note" or "Notes" means the Series April 1 , 1983 ,
Tax Increment Bond Anticipation Notes of the City authorized
to be issued pursuant to Section 6 hereof.
(j ) "Note Fund" means the City of Fort Collins
Downtown Development Authority Tax Increment Bond
Anticipation Notes, Note Fund established pursuant to
Section 9 hereof, including the Principal and Interest
Account and the Development Account therein.
(k) "Noteholder" or Holder of Notes , " or any similar
term, means any person who shall be the holder of any
outstanding Note. For the purpose of Noteholders ' voting
rights or consents, Notes held for the account of the City,
directly or indirectly, shall not be counted.
(1) "Opinion of Counsel" means a written opinion of an
attorney or firm of attorneys of national reputation in the
field of municipal bond law. Any opinion of such counsel
may be based upon, insofar as it relates to factual matters ,
information which is in the possession of the City as shown
by a certificate or opinion of, or representation by, an
officer or officers of the City, unless such counsel knows,
or in the exercise of reasonable care should have known,
that the certificate or opinion or representation with
respect to the matters upon which his opinion may be based,
as aforesaid, is erroneous.
(m) "Ordinance" means this Ordinance, as from time to
time amended in accordance with Section 18 hereof.
(n) "Paying Agent" means any paying agent or paying
agents provided by the City pursuant to this. Ordinance.
(o) "Plan of Development" means the plan adopted by
the City by Ordinance No. 46 , 1981 , including the projects
described in Exhibit A hereto.
(p) "Pledged Revenues" means, for each Fiscal Year,
that portion of ad valorem property taxes produced by the
levy at the rate fixed each year by or for each public body
having taxing power over all or any portion of the District
upon that portion of the valuation for assessment of all
taxable property within the District which is in excess of
the valuation for assessment of all taxable property within
the District on the Property Tax Base Dates , all in
accordance with Section 31-25-807 (3) (a) (II) of the DDA Act;
provided, however, that such amount shall be reduced by the
amount of any collection fees lawfully payable to the City
or Larimer County for services rendered in connection with
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the collection of such ad valorem property taxes; and
provided, further however, that in the event of a general
reassessment of taxable property in the City, the valuation
for assessment of taxable property within the District on
the Property Tax Base Dates will be proportionately adjusted
in accordance with such reassessment to the extent required
by the DDA Act or other applicable law.
(q) "Project" means the acquisition of real property
and land assembly, demolishing of existing structures,
conducting investigations and studies, and making and
construction of public improvements within the District, all
in furtherance of and pursuant to the Plan of Development,
including the projects described in Exhibit A hereto.
(r) "Property Tax Base Dates" means September*' 15 ,
1980 , with respect to the District described in the City' s
Ordinance No. 46 , 1981 , and means September 15 , 1981 with
respect to the area added to the District by virtue of the
City' s Ordinance No. 162 , 1981 , and means September 15 , 1982
with respect to the area added to the District by virtue of
the City' s Ordinance No. 2 , 1983 , and means the applicable
date pursuant to the DDA Act with respect to such areas as
may be added to the District by appropriate legislative
action of the City.
(s) "Replacement Notes" means any bond anticipation
notes issued by the City in substitution for the Notes.
Section 2 .:_ Amount, Issuance and Purpose of Notes. Under
and pursuant to the DDA Act, the BAN Act, the City' s Charter, and
this Ordinance, Notes of the City in a principal amount of not to
exceed $3 ,100 ,000 , shall be issued by the City to aid in the
financing of the Project and for other activities and operations
related thereto as hereinafter provided.
The proceeds of any Notes shall be used solely to finance
development activities of the Authority within the District,
including the Project, to provide for interest during
acquisition, development and construction of the Project, and to
pay the Authority' s and the City' s costs in connection with the
issuance of the Notes. The City hereby approves and authorizes
the commencement of the Project, including the projects described
in Exhibit A hereto, subject to such further terms and conditions
as the City or the Authority may require in their sole
discretion.
The Notes shall be a special and limited obligation of the
City and shall be payable and collectible as to principal and
interest solely out of the Pledged Revenues , or the net proceeds
of tax increment bonds issued pursuant to the DDA Act or other
municipal bonds (other than bonds payable as to principal and
interest in whole or in part from the proceeds of ad valorem
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taxes, unless such bonds are issued in conformity with
Section 20 . 2 of Article V of the Charter of the City, or any
similar provisions in effect at the time of issuance thereof) to
be issued by the City at or prior to maturity of the Notes on
April 1 , 1986 (the "Anticipated Bonds" ) , or any bond anticipation
notes issued in substitution for the Notes (the "Replacement
Notes" ) , which proceeds and other moneys shall be deposited in a
special fund for such purposes as hereinafter provided. The
Notes shall not constitute a debt or an indebtedness of the City
within the meaning of any constitutional or statutory provision
or limitation of the State of Colorado or of the Charter of the
City and shall not be considered or held to be a general
obligation of the City. Except for the Pledged Revenues, no ad
valorem taxes, water or sewer revenues, or sales and use taxes of
the City are pledged to the payment of the principal of or
interest on the Notes. The City may, however, at any time, at
its option, deposit in the Note Fund any additional unpledged
moneys legally available for such purpose. Neither the members
of the Council nor any persons executing the Notes shall be
liable personally on the Notes.
The validity of the Notes is not and shall not be dependent
upon: (i) the completion of the Project or any part thereof, or
(ii) the performance by anyone of any obligation relative to the
Project, or (iii) the proper expenditure of the
"Proceeds of the
Notes .
Nothing in this Ordinance shall preclude: (i) the payment
of the Notes from the proceeds of refunding bond !.;issued pursuant
to law, or (ii) the payment of the Notes from::!any legally
available funds including the proceeds derived by 'the City or the
Authority from the leasing, sale or other disposition of real
property within the District.
There is hereby irrevocably pledged to the payment of the
principal of and interest on the Notes, the Pledged Revenues, as
and when received; provided, however, ad valorem taxes of the
City shall not be used or pledged for such purposes except to the
extent such ad valorem taxes constitute a part of the Pledged
. Revenues, and moneys and Federal Securities in the Note Fund.
The Pledged Revenues , as received by the City, shall
immediately be subject to the lien of the pledge hereof, without
any physical delivery thereof, any filing or any further act, the
lien of such pledge and the obligation to perform the contractual
provisions made in this Ordinance shall have priority over all
other obligations and liabilities of the City, and the lien of
such pledge shall be valid and binding as against all persons
having claims of any kind in tort, contract or otherwise against
the City, irrespective of whether such persons have notice
thereof.
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In addition, there is hereby irrevocably pledged to payment
of the Notes the proceeds of any refunding obligations issued by
the City, and designated therefor.
Section 4 . Note Execution and Details. The Notes shall be
issuable only as coupon notes in the denomination of $5 ,000 .
Title to any Note and to any coupon shall pass by delivery. The
City and any Paying Agent may treat the bearer of any coupon as
the absolute owner thereof, whether such coupon shall be overdue
or not, for the purpose of receiving payment thereof and all
other purposes whatsoever, and may treat the bearer of any Note
as the absolute owner thereof, whether the Note shall be overdue
or not, for the purpose of receiving payment of the principal
thereof and for all other purposes whatsoever except for the
purpose of receiving payment of coupons. All such payments to
any such bearer shall be valid and effectual to satisfy and
discharge the liability upon the Note to the extent of the sum or
sums so paid, and neither the City nor any Paying Agent shall be
affected by any notice to the contrary.
If (i) any mutilated Note or Note with a mutilated coupon
appertaining thereto is surrendered to the City or any Paying
Agent, or the City or any Paying Agent shall receive evidence to
their satisfaction of the destruction, loss or theft of any Note
or coupon, and (ii) there is delivered to the City and any Paying
Agent such security or indemnity as may be required by them to
save each of them harmless, then, in the absence of notice to the
City or any Paying Agent that such Note or coupon has been
acquired by a bona fide purchaser, the City shall execute and
deliver, in exchange for any such mutilated Note or Note with
mutilated coupon, or in lieu of any such destroyed, lost or
stolen Note, or in exchange for (upon surrender of such Note with
all appertaining coupons not destroyed, lost or stolen) , a new
Note of like tenor and principal amount, bearing a number not
contemporaneously outstanding, with coupons corresponding to the
coupons appertaining to such surrendered Note or destroyed, lost
or stolen coupon appertains. The City shall thereupon cancel any
such mutilated Note or coupon so surrendered. In case any such
mutilated, destroyed, lost or stolen Note or coupon has become or
is about to become due and payable, the Paying Agent and the City
in their discretion may, instead of issuing a new Note or coupon,
pay such Note or coupon.
Upon the issuance of any new Note under the preceding
paragraph, the City may require the payment of a sum sufficient
to cover any tax, fee or other governmental charge that may be
imposed in. relation thereto and any other expenses , including
counsel fees , of the City or any Paying Agent, connected
therewith. Each new Note with its coupons issued pursuant to the
preceding paragraph in lieu of any destroyed, lost or stolen
Note, and each new coupon issued pursuant to the preceding
paragraph in lieu of any destroyed, lost or stolen coupon, shall
constitute an additional contractual obligation of the City
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whether or not the destroyed, lost or stolen Note and its
coupons , if any, shall at any time be enforceable by anyone, and
shall be entitled to all the benefits of this ordinance equally
and proportionately with any and all other Notes and coupons duly
issued under this ordinance. All Notes and coupons shall be held
and owned upon the express condition that the foregoing
provisions are exclusive with respect to the replacement or
payment of mutilated, destroyed, lost or stolen Notes and
coupons , and shall preclude (to the extent lawful) all other
rights or remedies with respect to the replacement or payment of
mutilated, or destroyed, lost or stolen Notes or securities.
The Notes shall be signed by and on behalf of the City with
the facsimile signature of the Mayor, shall bear a facsimile of
the seal of the City, shall be signed and attested with the
facsimile signature of the City Clerk, and shall be countersigned
with the manual signature of the City Finance Director. Each of
the interest coupons shall be signed with the facsimile signature
of the Mayor. Should any officer whose facsimile or manual
signature appears on the Notes cease to be such officer before
delivery of the Notes to the purchasers thereof, such facsimile
or manual signature shall nevertheless be valid and sufficient
for all purposes. The facsimile signatures provided for herein
shall be placed on the Notes in the manner set forth in
Section 11-55-101 et sue. , C.R.S. 1973 , as amended.
Notwithstanding the foregoing, the Notes may be issued in
temporary form, as one or more fully registered notes, in any
denomination or denominations. Such temporary Notes shall
otherwise be in the form herein provided, and executed and
authenticated as herein provided. Temporary Notes shall be
exchanged for Notes in definitive form without charge as soon as
practicable, at which time the City shall cancel all temporary
Notes surrendered for definitive Notes .
Section 5 . Form of Notes and Interest Coupons. The Notes ~,
and the interest coupons attached thereto shall be in
substantially the following form:
oil
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i
[Form of Note]
UNITED STATES OF AMERICA
STATE OF COLORADO COUNTY OF LARIMER
CITY OF FORT COLLINS
DOWNTOWN DEVELOPMENT AUTHORITY
TAX INCREMENT BOND ANTICIPATION NOTE
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, solely from the special fund provided therefor and
hereinafter specified, the principal sum of
FIVE THOUSAND DOLLARS
as hereinafter set forth, on the 1st day of April, 1986 , and to
pay solely from said special fund interest hereon from the date
hereof to the maturity date hereof at .the rate of six and
one-half percent (6 .50%) per annum, payable October 1 , 1983 , and
semiannually thereafter on the April 1 and October 1 of each
year.
The principal of and interest on this Note are payable in
lawful money of the United States of America, without deduction
for exchange or collection charges , out of the special fund
hereinafter specified, but not otherwise, at the principal
corporate trust offices of First Interstate Bank of Fort Collins ,
N.A. , Fort Collins, Colorado, or any other Paying Agent duly
appointed by the said City, upon presentation and surrender of
said coupons and this Note as they severally become due. If upon
presentation at maturity payment of this Note is not made as
provided herein, interest shall continue hereon at the interest
rate specified herein until the principal hereof is paid in full .
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The Notes of this issue are not redeemable prior to their
maturity date.
This Note is one of a series issued by the Council of the
City of Fort Collins, Colorado, on behalf of said City and the
Fort Collins , Colorado Downtown Development Authority, in the
aggregate principal amount of $3 , 100 , 000 , dated April 1 , 1983
(the "Notes" ) for the object and purpose of defraying, in whole
or in part, the cost of certain projects of the said Authority,
including the cost of acquiring real property and land assembly,
demolishing existing structures, conducting investigations and
studies and making and constructing public improvements, together
with all necessary incidental and appurtenant properties,
facilities, equipment and costs, in anticipation of the receipt
of the net proceeds of tax increment bonds or other municipal
bonds which may be legally issued by the City at or prior to the
maturity of this Note, or any bond anticipation notes issued in
substitution herefor, and certain Pledged Revenues hereinafter
described; provided, however, ad valorem taxes of the City shall
not be used or pledged for such purposes except to the extent
such ad valorem taxes constitute a part of the Pledged Revenues ,
to be paid into the said special fund, pursuant to, by virtue of,
and in full conformity with the Constitution of the State of
Colorado, and the Bond Anticipation Note Act of the State of
Colorado, Section 29-14-101 et sea. , C.R.S. 1973 , as amended, the
Downtown Development Authorities act of the State of Colorado,
Section 31-25-801 et seq. , ' C.R.S. 1973 , as amended, the Charter
of the City, and all other laws of the State of Colorado
thereunto enabling, and pursuant to an ordinance of the Council
of the City duly adopted prior to the issuance of this Note; and
it is hereby recited, certified and warranted that all the
requirements of law have been fully complied with by the proper
officers of the City in issuing this Note.
This Note and the interest coupons pertaining hereto are
special and limited obligations of the City payable solely out of
and secured by an irrevocable pledge of the net proceeds of the
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aforesaid tax increment bonds or other municipal bonds which may
be legally issued therefor or any bond anticipation notes issued
in substitution therefor, and the Pledged Revenues hereinafter
described; provided, however, ad valorem taxes of the City shall
not be used or pledged for such purposes except to the extent
such ad valorem taxes constitute a part of the Pledged Revenues ,
deposited in the special fund.
Payment for the principal of and interest on this Note shall
•be made solely from, and as security for such payment there is
irrevocably and exclusively pledged, pursuant to the ordinance
authorizing the issuance hereof (the "Ordinance" ) , a special fund
thereby created and identified as the "City of Fort Collins
Downtown Development Authority Tax Increment Bond Anticipation
Notes , Note Fund, " into which fund the City has covenanted in the
Ordinance to pay the net proceeds of the aforesaid tax increment
bonds or other municipal bonds or bond anticipation notes, and
the aforesaid Pledged Revenues; provided, however, ad valorem
taxes of the City shall not be used or pledged for such purposes
except to the extent such ad valorem taxes constitute a part of
the Pledged Revenues, deposited in the aforesaid special fund.
Moneys in said Note Fund shall be used solely to pay principal
and interest on the Notes.
It is hereby recited, certified and warranted that for the
payment of this Note and of the interest hereon, the City has
created and will maintain said special fund and will deposit
therein the net proceeds of the aforesaid tax increment bonds or
other municipal bonds which may be legally issued therefor or
bond anticipation notes, and the aforesaid Pledged Revenues;
provided, however, ad valorem taxes of the City shall not be used
or pledged for such purposes except to the extent such ad valorem
taxes constitute a part of the Pledged Revenues, and out of said
special fund, as an irrevocable charge thereon, will pay this
Note and the interest hereon.
The Ordinance permits the City to issue additional notes or
other obligations payable in whole or part out of the Pledged
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Revenues or the Note Fund which stand on a parity or -equality
with this Note.
"Pledged Revenues" means, for each Fiscal Year (as defined
in the Ordinance) , that portion of ad valorem property taxes
produced by the levy at the rate fixed each year by or for each
public body having taxing power over all or any portion of the
District (as defined in the Ordinance) upon that portion of the
valuation for assessment of all taxable property within the
District which is in excess of the valuation of assessment of the
taxable property within the District on the Property Tax Base
Dates defined in the Ordinance; provided, however, that such
amount shall be reduced by the amount of any collection fees
lawfully payable to Larimer County or the City for services
rendered in connection with the collection of such ad valorem
property taxes; and provided further, however, that in the event
of a general reassessment of taxable property in the City, the
valuation for assessment of taxable property within the District
on the Property Tax Base Dates , will be proportionately adjusted
in accordance with such reassessment.
The City covenants and , agrees with the holder of this Note
and with each and every person who may become the holder hereof
that it will keep and will perform all of the covenants contained
in this Note and the Ordinance authorizing the issuance hereof.
In the Ordinance the City has covenanted that it shall in
good faith make every reasonable effort to sell a sufficient
amount of its tax increment bonds or other municipal bonds or
bond anticipation notes , at one time or from time to time, so
that on or before April 1 , 1986 , there will be or have been
sufficient net proceeds from such bond or note sales, together
with other funds accumulated in the Note Fund, to pay in full
this Note and the interest hereon. The Ordinance provides,
however, that the City may issue and sell on or before April 1 ,
1986 , tax increment bonds or other municipal bonds which may be
legally issued therefor or bond anticipation notes other than
those which it has pledged to sell in order to secure the payment
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of this Note and the interest hereon and may apply the proceeds
of such bonds or notes for any lawful purpose determined by the
Council, even though all or a portion of the principal of or
interest on the Notes of the series of which this is one may then
be outstanding and unpaid. Reference is hereby made to the
Ordinance of the Council of the City authorizing the issuance of
this Note for a description of the provisions, terms and
conditions upon which this Note is issued and secured, including,
without limitation, the nature and extent of the security for
this Note, provisions with respect to the custody and application
of the proceeds of this Note, the collection and disposition of
the proceeds charged with and pledged to the payment of the
principal of and interest on this Note, a description of the
special fund referred to above and the nature and extent of the
security and pledge afforded thereby for the payment of this Note
and the interest hereon and the manner of enforcement of said
pledge, and the rights, duties , immunities and obligations of the
City and the members of its Council and also the rights and
remedies of the holders of the Notes.
This Note- and the coupons hereto attached are negotiable
instruments and shall be negotiable by delivery and the City
shall be entitled to treat the bearer hereof as the owner of this
Note for all purposes .
It is hereby recited, certified and declared that any and
all acts, conditions and things required to exist,. to happen and
to be performed precedent to and in the issuance of this Note
exist, have happened and have been performed in due time, form
and manner as required by the Constitution and laws of the State
of Colorado.
IN TESTIMONY WHEREOF, the Council of the City of Fort
Collins, Colorado, has caused this Note to be signed by and on
behalf of the City with the facsimile signature of the Mayor of
the City, to be sealed with a facsimile of the seal of the City,
to be signed and attested with the facsimile signature of the
City Clerk of the City, and to be countersigned with the manual
signature of the Finance Director of the City, and has caused the
interest coupons attached hereto to be signed with the facsimile
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signature of the Mayor of the City, all as of the 1st day of
April, 1983 .
CITY OF FORT COLLINS ,
(FACSIMILE) By: (Facsimile Signature)
(SEAL) Mayor
ATTEST:
(Facsimile Signature)
City Clerk
Countersigned:
(Manual Signature)
Finance Director
[End of Form of Note)
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l
[Form of Interest Coupon]
Coupon No. $162 .50
April
On the 1st day of October, 198 the City of Fort Collins ,
in the County of Larimer and State of Colorado, will upon
presentation and surrender of this coupon pay to bearer the
amount shown hereon in lawful money of the United States of
America, without deduction for exchange or collection charges, at
the principal corporate trust offices of First Interstate Bank of
Fort Collins, N.A. , Fort Collins, Colorado, or any other Paying
Agent duly appointed by the said City, solely from and secured by
and pledge of the special fund described in the Note to which
this coupon pertains, being the interest then due on its City of
Fort Collins Downtown Development Authority Tax Increment Bond
Anticipation Note, Series April 1 , 1983 , bearing
Note No.
Facsimile signature)
Mayor
City .of Fort Collins , Colorado
[End of Form of Interest Coupon]
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Section 6 . Issuance and Description of Notes. The Notes
shall be issued in the principal amount of $3 , 100 ,000 and shall
be designated "City of Fort Collins Downtown Development
Authority Tax Increment Bond Anticipation Notes, Series April 1 ,
1983 . " The Notes shall be numbered consecutively from "1"
upward. The Notes shall be dated April 1 , 1983 , and shall bear
interest from their date at the rate of six and- one-half percent
(6 . 500 ) per annum, and shall mature on April 1 , 1986 .
In addition, the City shall pay interest on overdue
installments of principal and interest at the rate of interest
borne by the Notes , or at such maximum lower rate to the extent
then permitted by law.
Interest on the Notes shall be payable semiannually on
October 1 , 1983 and on April 1 and October 1 of each year
thereafter until maturity. Each Note shall bear interest until
the principal sum thereof has been paid; provided, however, that
if funds are available for the payment thereof in in full
accordance with the terms of this Ordinance, the Notes shall then
cease to bear interest. Interest coupons attached to the Notes
shall be numbered in consecutive numerical order from " 1" upward.
The Notes and the interest thereon shall be payable in
lawful money of the United States of America and shall be payable
at the principal office of the City or at the offices of any
Paying Agent.
The maximum net effective interest rate authorized for the
Notes is eight percent (8%) per annum. The actual net effective
interest rate for the Notes is six and eighty-six hundreds
percent (6 . 86%) per annum.
Section 7 . No Redemption of Notes Prior to Maturity. The
Notes may not be redeemed prior to their maturity date.
Section 8 . Sale of Notes , Disposition of Note Proceeds.
The Note shall be sold to Boettcher & Company at a price of
ninety-eight and nine-tenths percent (98 . 9%) of par plus accrued
interest from April 1 , 1983 , to the delivery date, as set forth
in the Note Purchase Agreement attached hereto as Exhibit B. The
Finance Director of the City is hereby authorized and directed to
execute and deliver the Note Purchase Agreement for and on behalf
of the City in substantially the form attached to this Ordinance
as Exhibit B, but with such minor changes thereto as are
consistent with this Ordinance and as are approved by the Finance
Director. The execution of the Note Purchase Agreement by the
Finance Director shall constitute conclusive evidence of the
approval of the form and content thereof for and on behalf of the
City. Upon receipt of the purchase price established above, the
Notes shall be delivered by the City to Boettcher & Company and
the proceeds thereof shall be applied as follows:
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(a) The accrued interest paid with respect to the
Notes shall be deposited to the credit of the Principal and
Interest Account of the Note Fund.
(b) The balance of the proceeds shall be deposited to
the credit of the Development Account of the Note Fund,
after payment of all costs of issuing the Notes.
Section 9 . Creation of the Funds and Accounts. There are
hereby created with the City a special fund called the "City of
Fort Collins Downtown Development Authority Tax Increment Bond
Anticipation Notes , Note Fund. " The Note Fund shall contain two
separate accounts described as the "Principal and Interest
Account" and the "Development Account. "
So long as any of the Notes herein authorized, or any
interest thereon, remain unpaid, the moneys in the foregoing Note
Fund shall be used for no purpose other than those required or
permitted by this Ordinance.
Section 10 . Use of Moneys in Development Account. There
shall be deposited in the Development Account the sums set forth
in Section 8 (b) hereof. The moneys set aside and placed in the
Development Account shall remain therein until from time to time
expended by the City solely for the purpose of financing all or a
portion of the cost of the Project, other costs related thereto
including undertakings set forth in the DDA Act, and the
necessary expenses incurred in connection with the issuance and
sale of the Notes and fees of any Paying Agent, as well as the
payment of the principal of and interest on the Notes to the
extent of any deficiency of funds in the Principal and Interest
Account.
If any sum remains in the Development Account after the full
accomplishment of the objects and purposes for which the Notes
were issued, as determined by the City, said sum shall be
transferred to the Principal and Interest Account. .
Section 11 . Principal and Interest Account Fund. There
shall be deposited in the Principal and Interest Account the sums
set forth in Section 8 (a) hereof. In addition, all Pledged
Revenues and other moneys designated by the City, except as
hereinafter provided, shall be deposited as received by the City
in the Principal and Interest Account. Such Pledged Revenues so
accumulated in the Principal and Interest Account Fund shall be
used solely for the purposes of paying the principal of and
interest on the Notes and for no other purpose so long as any
Notes remain outstanding and unpaid.
The net proceeds received from time to time of the
Anticipated Bonds or the Replacement Notes shall be deposited in
the "Principal and Interest Account" of the Note Fund to be
applied to the payment of the Notes.
16 -
Section 12. Deposit and Investment of Moneys in Note Fund.
Subject to the provisions of Section 15 hereof, all moneys held
by the City in any Note Fund shall be invested by the City in any
lawful investments for funds of the City.
Such investments shall be also subject to the following
restrictions:
(a) Moneys in the Development Account shall be
invested only in the obligations which will by their terms
mature or are redeemable at the option of the City not later
than the date the City estimates the moneys represented by
the particular investment will be needed for withdrawal from
said Account.
(b) Moneys in the Principal and Interest Account shall
be invested only in obligations which will by their terms
mature or are redeemable at the option of the City on such
dates as to insure that before each interest and/or
principal payment date there will be in such Account, from
matured obligations and other moneys already in such
Account, cash equal to the interest and principal payable on
such date and available therefor.
Section 13 . Issuance of Notes; Parity Notes. The City may
issue additional notes or other obligations payable in whole or
part out of the Pledged Revenues or the Note Fund which stand on
a parity or equality with the Notes. Nothing contained in this
Ordinance shall be construed or interpreted to limit, encumber or
otherwise restrict the City from issuing bonds, notes or other
obligations payable from sources other than the Pledged Revenues.
Section 14 . Covenant Regarding Anticipated Bonds and
Replacement Notes. The City shall in good faith make every
reasonable effort to sell a sufficient amount of Anticipated
Bonds or Replacement Notes (other than bonds payable as to
principal and interest in whole or in part from the proceeds of
ad valorem taxes, unless such bonds are issued in conformity with
Section 20 . 2 of the Charter of the City, or any similar
provisions in effect at the time of issuance thereof) , at one
time or from time to time, so that on or before April 1 , 1986 ,
there will be or have been sufficient net proceeds from such bond
or note sales, to pay in full the Notes and the interest coupons
pertaining thereto. Nothing herein shall be construed to
prohibit the City from issuing and selling on or before April 1 ,
1986 , any revenue bonds other than the Anticipated Bonds or any
bond anticipation notes other than the Replacement Notes or from
applying the proceeds of such bonds or notes for any lawful
purpose determined by the Council, even though all or a portion
of the principal of or interest on the notes may then be
outstanding and unpaid.
Section 15. Covenant Regarding Arbitrage Bonds. The City
shall make no investment or other use of the proceeds of the
17 -
Notes at any time during the term thereof which, if such
investment or other use had been reasonably expected on the date
the Notes are issued, would have caused the Notes to be arbitrage
bonds within the meaning of the Code and the regulations
promulgated thereunder, unless, under any provision of law
hereafter enacted, the interest paid on the Notes (a) shall be
excludible from the gross income of a recipient thereof for
federal income tax purposes without regard to whether the Notes
are arbitrage bonds, or (b) shall be exempt from all federal
income taxation.
Section 16 . Concerning the Paying Agents. The City hereby
appoints First Interstate Bank of Fort Collins, N.A. , Fort
Collins, Colorado, as Paying Agent for the Notes, and may at any
time or from time to time appoint one or more other Paying. Agents
or a successor Paying Agent. Such appointment shall be evidence
by an agreement in writing executed on behalf of the City by the
Mayor or any Assistant Mayor. The Mayor or any Assistant Mayor
of the City is hereby authorized to execute and deliver any such
agreement with one or more Paying Agents for and on behalf of the
City.
Section 17 . Defeasance. When all of the principal of and
the interest on the Notes have been duly paid, all obligations
hereunder shall thereby be discharged, and the Notes shall no
longer be deemed to be outstanding. There shall be deemed to be
such due payment when the City has placed Federal Securities in
escrow or in trust with a trust bank located within or without
the State of Colorado in an amount sufficient (including the
known minimum yield available for such purpose from said Federal
Securities in which such amount may wholly or in part be
initially invested) to meet all principal and interest
requirements of the Notes as the same become due on the maturity
date of the Notes. The Federal Securities shall become due prior
to the respective times at which the proceeds thereof shall be
needed in accordance with a schedule established and agreed upon
between the City and such bank at the time of the creation of the
escrow or trust, or the Federal Securities shall be subject to
redemption at the option of the holder thereof to assure
availability as needed to meet such schedule. The proceeds of
the Federal Securities and other moneys so held in escrow shall
be deposited in the "Principal and Interest Account" of the Note
Fund for the payment of the Notes at maturity or upon prior
redemption.
Section 18 . Amendments. This Ordinance and the rights and
obligations of the City and of the Holders of the Notes and
coupons issued hereunder, may be modified or amended at any time
by supplemental ordinance adopted by the City: (a) without the
consent of Noteholders, if such modification or amendment is for
the purpose of curing any ambiguities, defects or inconsistent
provisions in this Ordinance or to insert such provisions
clarifying matters or questions arising under this Ordinance as
are necessary and desirable to accomplish the same, and/or
(b) with the written consent of Noteholders holding 67% in
18 -
aggregate principal amount of the outstanding Notes , exclusive of
Notes , if any, owned by the City; provided, however, that no such
modification or amendment shall, without the express written
consent of the Holder of the Note affected, reduce the principal
amount of any Note , reduce the interest rate payable thereon,
extend its maturity or the times for paying interset thereon or
change the monetary medium in which principal and interest is
payable, or reduce the percentage of consent required for
amendment or modification.
Any act done pursuant to a modification or amendment so
consented to shall be binding upon the Holders of all of the
Notes and interest coupons, whether such coupons be attached to
Notes or detached therefrom, and shall not be, deemed an
infringement of any of the provisions of Ordinance or of the DDA
Act or the BAN Act, whatever the character of such act may be,
and may be done and performed as fully and freely as if expressly
permitted by the terms of this Ordinance, and, after such consent
relating to such specified matters has been given, no Noteholder
detached therefrom shall have any right or interest to object to
such action or in any manner to question the propriety thereof or
to enjoin or restrain the City or any officer thereof from taking
any action pursuant thereto.
Section 19 . Proceedings Constitute the Contract; Events of
Default and Remedies of Noteholders. The provisions of this
Ordinance and of any other ordinance supplementing or amending
this Ordinance shall constitute a contract among the City, the
Authority and the Noteholders, and the provisions hereof and
thereof shall be enforceable by any Noteholder for the equal
benefit and protection of all Noteholders similarly situated by
mandamus, accounting, mandatory injunction or any other suit,
action or proceeding at law or in equity that is now or may
hereafter be authorized under the laws of the State of Colorado
in any court of competent jurisdiction. Said contract is made
under and is to be construed in accordance with the laws of the
State of Colorado. The following provisions shall not limit the
generality of the foregoing.
A. Events of Default and Acceleration of Maturities. If
one or more of the following events ("events of default") shall
happen:
(1) if default shall be made in the due and punctual
payment of the principal of any Note when and as the same
shall become due and payable, whether at maturity as therein
expressed, by declaration or otherwise;
(2) if default shall be made in the due and punctual
payment of any installment of interest on any Note when and
as such interest installment shall become due and payable;
(3) if default shall be made by the City in the
observance of any other of the covenants, agreements or
conditions on its part in this Ordinance or in the Notes
- 19 -
s
contained, and such default shall have continued for a
period of 30 days; or
(4) if the City shall file a petition or answer
seeking reorganization or arrangement under the federal
bankruptcy laws or any other applicable law of the United
States America, or if a court of competent jurisdiction
shall approve a petition, filed with or without the consent
of .the City, seeking reorganization under the federal
bankruptcy laws or any other applicable law of the United
States of America, or if, under the provisions of any other
law for the relief or aid of debtors, any court of competent
jurisdiction shall assume custody or control of the City or
of the the whole or 10% of its ,property;
then, and in each and every such case during the continuance of
such event of default, the Holders of not less than 25% in
aggregate principal amount of the Notes at the time outstanding
may declare the principal of all of the Notes then outstanding,
and the interest accrued thereon, to be due and payable
immediately, and upon any such declaration the same shall become
and shall be immediately due and payable, anything in this
Ordinance or in the Notes contained to the contrary
notwithstanding.
This provision, however, is subject to the condition that
if, at any time after the principal of the Notes shall have been
so declared due and payable, and before any judgment or decree
for the payment of the moneys due have been obtained or entered:
(i) the City shall deposit with any Paying Agent a sum sufficient
to pay all principal on the Notes matured prior to such
declaration (if any) and all matured installments of interest (if
any) upon all the Notes, with interest thereon at the rate borne
by the respective Notes or at such maximum lower rate to the
extent then permitted by law on any overdue installments of
principal and interest, so that the City is currently in
compliance with all payment, deposit and transfer provisions of
this Ordinance, and (ii) the City shall deposit with the Paying
Agent a sum sufficient to pay the reasonable expenses of the
Paying Agent and to cure any and all other defaults known to the
Paying Agent (other than in the payment of principal of and
interest on the Notes due and payable solely by reason of such
declaration) , and (iii) the City shall have made good or cured to
the satisfaction of the Paying Agent or made provisions deemed by
the Paying Agent to be adequate to make good or cure each and
every other default, then, and in every such case, the Holders of
not less than a majority in aggregate principal amount of the
Notes then outstanding, by written notice to the City and to the
Paying Agent, may, on behalf of the Holders of all of the Notes,
rescind and annual such declaration . and its consequences.
However, no such rescission and annulment shall extend to or
shall affect any subsequent default, or shall impair or exhaust
any right or power consequent thereon.
'20 _
B. Application of Funds Upon Acceleration. All of the
Pledged Revenues and all sums in the Note Fund upon the date of
the declaration of acceleration as provided in paragraph A above,
and all sums thereafter received by .the Paying Agent hereunder,
shall be applied by the Paying Agent in the following order upon
presentation of the several Notes and coupons , and the stamping
thereon of the payment if only partially paid, or upon the
surrender thereof if fully paid--
First, to the payment of the costs and expenses of the
Noteholders in declaring such event of default, including
reasonable compensation to its or their agents, attorneys
and counsel; and
Second, to the payment of the whole amount then •.owing
and unpaid upon the Notes for principal and interest, with
interest on the overdue principal and installments of
interest at the rate borne by the respective Notes or at
such maximum lower rate to the extent then permitted by law
on any overdue installments of principal and interest, and
in case such moneys shall be insufficient to pay in full the
whole amount so owing and unpaid upon the Notes , then to the
payment of such principal and interest without preference or
priority of principal over interest, or interest over
principal, or of any installment of interest over any other
installment of interest, ratably to the aggregate of such
principal and interest.
C. Other Remedies of Noteholders. Any Noteholder shall
have the right, for the equal benefit and protection of all
Noteholders similarly situated:
(1) by mandamus, suit, action or proceeding, to compel
the City and its members, officers, agents or employees to
perform each and every term, provision and covenant
contained in this Ordinance and in the Notes, and to require
the carrying out of any or all such covenants and agreements
of the City and the fulfillment of all duties imposed upon
it by the BAN Act or the DDA Act;
(2) by suit, action or proceeding in equity, to enjoin
any acts or things which are unlawful, or in violation of
any of the Noteholders ' rights; or
(3) upon the happening of any event of default (as
defined in this Section) , by suit, action or proceeding in
any court of competent jurisdiction, to require the City and
its members and employees to account as if it and they were
the trustees of any express trust.
D. Nonwaiver. Nothing in this Section or in any other
provision of this Ordinance, or in the Notes or in the coupons ,
shall affect or impair the obligation of the City to pay the
principal of and interest on the Notes to the respective Holders
of the Notes and coupons at the respective dates of maturity,
- 21 -
from the special fund herein provided, or affect or impair the
right, which is absolute and unconditional, of such Holders to
institute suit to enforce such payment by virtue of the contract
embodied in the Notes and coupons.
No remedy conferred hereby upon any Noteholder is intended
to be exclusive of any other remedy, but each such remedy is
cumulative and in addition to every other remedy and may be
exercised without exhausting and without regard to any other
remedy conferred by the DDA Act or the BAN Act or any other law
of the State of Colorado_ No waiver of any default or breach of
duty or contract by any Noteholder shall affect any subsequent
default or breach of duty or contract or shall impair any rights
or remedies of said subsequent default or breach. No delay or
omission of any Noteholder to exercise any right or power
accruing upon any default shall impair any such right or power or
shall be construed as a waiver of any such default or
acquiescence thereon. In case any suit, action or proceeding to
enforce any right or exercise any remedy shall be brought or
taken and should said suit, action or proceeding be abandoned, or
be determined adversely to the Noteholders, then, and in every
such case, the City and the Noteholders shall be restored to
their former positions, rights and remedies as if such suit,
action or proceeding had not been brought or taken. Every
substantive right and every remedy conferred upon the Noteholders
may be enforced and exercised as often as may be deemed
expedient, to the extent permitted by law.
E. Rights and Immunities. Except as herein otherwise
expressly provided, nothing herein expressed or implied is
intended or shall be construed to confer upon or to give to any
person, other than the City, the Authority and the Holders from
time to time of the Notes, any right, remedy or claim under or by
reason hereof or any covenant, condition or stipulation hereof.
All the covenants, stipulations, promises and agreements herein
contained by and on behalf of the City and the Authority shall be
for the sole and exclusive benefit of the City, the Authority and
the Holders of the Notes.
No recourse shall be had for the payment of the principal of
and the interest on the Notes or for any claim based thereon or
otherwise upon this Ordinance or any other instrument pertaining
thereto against any individual member of the Council, or any
officer or other agent of the City, past, present or future,
either directly or indirectly through the City, or otherwise,
whether by virtue of any constitution, charter, statute or rule
of law, or by the enforcement of any penalty or otherwise, all
such liability, if any, being by the acceptance of the Notes and
as a part of the consideration of their issuance specially waived
and released.
F. General. After the issuance and delivery of the Notes,
this Ordinance, and any supplemental ordinances hereto, shall be
irrepealable, but shall be subject to modification or amendment
- 22 -
to the extent and in the manner provided in this Ordinance, but
to no greater extent and in no other manner.
CUSIP identification numbers may, but need not, be imprinted
on the Notes , but such numbers shall not constitute a part of the
contract evidenced by the Notes , and no liability shall hereafter
attach to the City or any of the officers or agents thereof
because of or on account of said numbers. Any error or omission
with respect to said numbers shall not constitute cause for
refusal by any person to accept delivery of and pay for the
Notes.
Section 20 . Ratification. All action not inconsistent with
the provisions of this Ordinance heretofore taken by the City or
its officers and otherwise by the City directed toward •the
issuance and delivery of the Notes is hereby ratified, approved
and confirmed.
Section 21 . Facsimile Signatures. Pursuant to the Uniform
Facsimile Signature of Public Officials Act of the State of
Colorado, Section 11-55-101 et seq. , C. R. S. 1973 , as amended, the
Mayor and the City Clerk of the City shall forthwith, but in any
event prior to the time the Notes are delivered to the purchasers
thereof, file with the Colorado Secretary of State their manual
signatures, certified by them under oath, using a suitable
Facsimile Signature Certificate for such purpose.
Section 22. Authorized Action. The officers of the City
are hereby authorized and directed to enter into such agreements
and take all action necessary or appropriate to effectuate the
provisions of this Ordinance and to comply with the requirements
of law, including without limiting the generality of the
foregoing:
A. The execution of the Note Purchase Agreement
between the City and Boettcher & Company or _its agent;
B. The printing of the Notes and coupons;
C. The execution of such certificates as may
reasonably be required by the purchasers of the Notes
relating to the signing of the Notes; the tenure and
identity of the City officials; if in accordance with the
facts , the absence of litigation, pending or threatened,
affecting the validity of the Notes, the Anticipated Bonds
or the Replacement Notes; receipt of the Notes and the
purchase price therefor; using a suitable Signature
Certificate, General and No-Litigation Certificates, a
Delivery Certificate; a No Arbitrage Certificate and a Use
of Proceeds Certificate and such other certificates and
documents as are necessary to effectuate a closing of the
issuance of the Notes;
23 -
D. The making of various statements, recitals,
certifications and warranties provided in the form of Note
set forth in this Ordinance;
E. The payment of the interest on the Notes as the
same shall accrue and the principal of the Notes at maturity
or upon prior redemption without further warrant or order;
and
F. The execution of such documents between the City
and the Authority as may be reasonably necessary and
appropriate to carry out the purposes of this Ordinance and
the Project.
Section 23 . General Repealer. All acts, orders.,
resolutions, ordinances or parts thereof taken by the City in
conflict with this Ordinance are hereby repealed, except that
this repealer shall not be construed so as to revive any act,
order, resolution, ordinance or part thereof heretofore repealed.
Section 24 . . Ordinance Irrepealable. This Ordinance is, and
shall constitute, a legislative measure of the City, and after
the Notes are issued, sold and outstanding, this Ordinance shall
constitute a contract between the City and the holders of the
Notes and shall be and remain irrepealable until the Notes and
the interest accruing thereon shall have been fully paid,
satisfied and discharged.
Section 25 . . . 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 paragraph, clauses
or provisions hereof are severable.
INTRODUCED, READ, APPROVED ON FIRST READING, AND ORDERED
PUBLISHED ONCE IN FULL THIS 19th day of April , 1983 .
CITY OF FORT COLLINS , COLORADO
(CITY) By:M
(SEAL) tl.L
ATTEST:
City Clerk
The foregoing Ordinance will be presented for final passage
at a regular meeting of the Council to be held at Council
Chambers, City Hall , 300 LaPorte Avenue, Fort Collins, Colorado,
on Tuesday, the 3rd day of May, 1983 , at 5 :30 p.m.
- 24 -
EXHIBIT A TO THE ORDINANCE OF THE CITY OF FORT
COLLINS, COLORADO AUTHORIZING THE ISSUANCE OF
$3 , 100 ,000 OF TAX INCREMENT BOND ANTICIPATION
NOTES , SERIES APRIL 1 , 1983
The Project shall include and the proceeds of the Notes
shall be spent to defray the cost of all or a portion of the
following facilities:
Purchase of Parking Lot 57 (57 cars) in
100 block of South Mason and improvements
to the lot
Creation of Linden Street Plaza (100 Block of
Linden Street) and landscaping of north side of
East Mountain (100 & 200 blocks) and south side of
Walnut (100 & 200 blocks)
Traffic improvements at College and Walnut, and
Mountain and Walnut
Purchase of land in 100 block of Remington (42 , 000
square feet) and demolition of buildings
Sidewalk right-of-way and alley utility
improvements in relationship to property purchased
above
Purchase of land for parking
Removal of railroad tracks & new street
construction
Traffic, parking and development studies related
to downtown
Legal and finance fees
Together with such additions and substitutions as are consistent
with the DDA Act and as may be approved from time to time by the
City and the Authority.
25 -
EXHIBIT B TO THE ORDINANCE OF THE CITY OF FORT
COLLINS, COLORADO AUTHORIZING THE ISSUANCE OF
$3 , 100 , 000 OF TAX INCREMENT BOND ANTICIPATION
NOTES, SERIES APRIL 1 , 1983
(BOETTCHER & COMPANY LETTERHEAD)
April , 1983
NOTE PURCHASE AGREEMENT
Mayor and Members of
the City Council
City of Fort Collins
City Hall
Fort Collins, CO 80522
RE: $3 , 100 , 000 CITY OF FORT COLLINS, COLORADO BOND
ANTICIPATION NOTES , SERIES APRIL 1 , 1983
Mayor and Members of the Council:
We hereby offer to purchase your $3 ,100 ,000 legally issued Bond
Anticipation Notes (the "BANS" ) to be delivered to us in Denver,
Colorado, dated April 1 , 1983 , and to mature and bear interest as
follows:
Maturity Principal Amount Coupon Yield
April 1 , 1986 $3 , 100 , 000 6 .50%
Said BANS are to be in $5 ,000 denominations, bearing interest at
the rate stated above, payable semi-annually on April 1 and
October 1 , beginning October 1 , 1983 , with principal due at
maturity.
We will pay $3 ,065 ,900 and accrued interest from the date of the
BANS to the delivery to us subject to the following conditions:
1 . Prior to our accepting delivery of said securities, you
agree to furnish a certified transcript of all legal
proceedings requisite to their issuance and delivery,
including a signature and non-litigation certificate
in the customary form, evidencing the legality of said
securities and the security provisions relating thereto
to the satisfaction of the Kutak Rock & Huie and
Fischer, Brown, Huddleson & Gunn, Co-Bond Counsel ,
whose unqualified approving legal opinion in the
customary form shall accompany said securities at
delivery.
2 . These BANS are to be delivered to us on or before
June 7 , 1983 , or thereafter at our option.
26 -
3 . The cost of the printing of the BANS and the fees of
the approving attorney will be paid by the City.
4. The BANS are not redeemable prior to maturity.
The net effective interest cost to the City on the Bond
Anticipation Notes is 6 .86% .
This contract to purchase is effective as of this date.
Respectively submitted, -
BOETTCHER & COMPANY
General Partner
Accepted by and behalf of the City of Fort Collins this
day of April , 1983 .
By:
Title : Finance Director
- 27 -
Council Member Clarke moved that the foregoing
Ordinance heretofore introduced and read by title be approved on
first reading. Council Member Elliott 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" : John Knezovich
Gerry Horak
E. John Clarke
William Elliott
Gary Cassell
Kelly Ohlson
Barbara Rutstein
Council Members voting "NAY" : None
The Mayor thereupon declared that, a majority of the Council
Members present having voted in favor thereof, the motion was
carried and the Ordinance duly approved on first reading.
Thereupon the Mayor ordered said Ordinance published once in
full together with a notice giving the date when said Ordinance
will be presented for final passage in The Coloradoan, a
newspaper of general circulation published in the City, at lease
seven (7) days before presentation for final passage.
After consideration of other business to come before the
Council, the meeting was adjourned.
(CITY) Ma r _
(SEAL) Ci of Fort Collins , Colorado
ATTEST:
City Clerk
City of Fort Collins, Colorado
- 28 -
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 3rd day of May,
1983 , at the hour of 5: 30 p.m.
The following persons were present:
Council Members : John Knezovich, Mayor
Gerry Horak, Assistant Mayor
William Elliott
V"pu"gmz
Kelly Ohlson
Barbara Rutstein
City Manager: John Arnold
City Clerk: Wanda Krajicek
The following persons were absent:
E. John Clarke, Councilmember
Gary Cassell , Councilmember
The Mayor informed the Council that Ordinance No. 53 1983 ,
which was introduced, approved on first reading, and ordered
published once in full at a regular meeting of the Council held
on April 19 , 1983 , was duly published in The Coloradoan, a
newspaper of general circulation published in the City, in its
issue of April 24 , 1983 .
Council Member Elliott then read said Ordinance by
its title.
Thereupon, Council Member Elliott moved the final
passage of Ordinance No. 53 1983 . Council Member
Rutstein seconded the motion, and the question being upon
29 -
the final passage of said ordinance, the roll was called with the
following result:
Council Members voting "AYE" : John Knezovich
Gerry Horak
UXX9b1+MX&9Wxk
William Elliott
w"XWAwn
Kelly Ohlson
Barbara Rutstein
Council Members voting "NAY" : None
The Mayor thereupon declared that a majority of the Council
Members present having voted in favor thereof, the motion was
carried and the Ordinance 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.
Ma
(CITY) Ci y of Fort Collins, Colorado
(SEAL)
ATTEST:
City Clerk
City of Fort Collins, Colorado
- 30 -
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. 53 , 1983 , 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 a regular
meeting thereof held at Council Chambers, City Hall , 300 LaPorte
Avenue, Fort Collins, Colorado, the regular meeting place
thereof, on Tuesday, the 19th day of April , 1983; that said
Ordinance was finally passed on second reading by said Council at
a regular meeting thereof held at Council Chambers, City Hall,
300 LaPorte Avenue, Fort Collins, Colorado, the regular meeting
place thereof, on Tuesday, the 3rd day of May, 1983; that a true
copy of said Ordinance has been authenticated by the signatures
of the Mayor of said City and myself as City Clerk thereof,
sealed with the seal of the City, and numbered and recorded in a
book marked "Ordinance Record" kept for that purpose in my
office; and that said Ordinance was duly published once in full
together with a notice giving the date when said Ordinance would
be presented for final passage and once by number and title only
together with a notice of the final passage thereof in The
Coloradoan, a newspaper of general circulation published in the
City, in its issues of April 24 , 1983 , and May 8 , 1983 , as
evidenced by the certificates of the publisher attached hereto at
pages 32 and 33 . I further certify that the foregoing pages 1
through 30 , inclusive, constitute a true and correct copy of the
record of the proceedings of said Council at its regular meetings
of April 19 , 1983 , and May 3 , 1983 , 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 therein shown.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal
of the City of Fort Collins, Colorado, this 9th day of May, 1983 .
(CITY) City Clerk
(SEAL) City of Fort Collins, Colorado
31 -
` a
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. )
32 -
Y
t S
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. )
- 33 -
- r
ORDINANCE NO. 53 , 1983
AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF FORT
COLLINS , COLORADO, BOND ANTICIPATION NOTES, SERIES
APRIL 1 , 1983 , DATED APRIL 1 , 1983 , IN THE AGGREGATE
PRINCIPAL AMOUNT OF $3 , 100 ,000 .
READ, ADOPTED ON SECOND READING, AND ORDERED PUBLISHED ONCE
BY NUMBER AND TITLE ONLY this 3rd day of May, 1983 .
CITY OF FORT COLLINS, COLORADO
(CITY) ' �!�✓
(SEAL) a or
ATTEST:
37Y
City Clerk
34 -
CERTIFIED RECORD
OF
PROCEEDINGS OF THE COUNCIL OF
THE CITY OF FORT COLLINS , COLORADO
RELATING TO AN ORDINANCE
AUTHORIZING THE ISSUANCE OF ITS DOWNTOWN DEVELOPMENT AUTHORITY
TAX INCREMENT
BOND ANTICIPATION NOTES
SERIES APRIL 1 , 1983
DATED APRIL 1 , 1983
IN THE AGGREGATE PRINCIPAL AMOUNT OF $3 ,100 , 000
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 19th day of
April , 1983 , at the hour of 5 : 30 p.m.
The following persons were present:
Council Members: John Knezovich, Mayor
Gerry Horak, Assistant Mayor
E. John Clarke
William Elliott
Gary Cassell
Kelly Ohlson
Barbara Rutstein
City Manager : John Arnold
City Clerk: Wanda Krajicek
The following persons were absent:
None
Council Member Clarke introduced the
following Ordinance, which was read by title, copies of the full
Ordinance having been available in the. office of the City Clerk
at least forty-eight (48) hours prior to the time said Ordinance
was introduced for each Council Member and for inspection and
copying by the .general public: