HomeMy WebLinkAbout117 - 09/20/1983 - AUTHORIZING THE ISSUANCE OF LEMAY/HARMONY SPECIAL IMPROVEMENT DISTRICT NO. 78 (PHASE 1) SPECIAL ASSE CERTIFIED RECORD
OF
PROCEEDINGS OF THE COUNCIL OF
THE CITY OF FORT COLLINS , COLORADO
RELATING TO AN ORDINANCE
AUTHORIZING THE ISSUANCE OF ITS
LEMAY/HARMONY SPECIAL IMPROVEMENT DISTRICT NO. 78 (PHASE 1)
SPECIAL ASSESSMENT BONDS
DATED OCTOBER 1 , 1983
IN THE AGGREGATE PRINCIPAL AMOUNT OF $1 ,885,000
ORDINANCE NO. 117 , 1983
AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF
FORT COLLINS , COLORADO, LEMAY/HARMONY SPECIAL
IMPROVEMENT DISTRICT NO. 78 (PHASE 1) , SPECIAL
ASSESSMENT BONDS , DATED OCTOBER 1 , 1983, IN THE
AGGREGATE PRINCIPAL AMOUNT OF $1 , 885,000 ;
PRESCRIBING THE FORM OF SAID BONDS; PROVIDING FOR
THE PAYMENT OF SAID BONDS AND THE INTEREST
THEREON; AND AUTHORIZING THE APPROPRIATE OFFICERS
OF THE CITY TO ENTER INTO AN ESCROW AGREEMENT IN
ORDER FURTHER TO SECURE SAID BONDS .
WHEREAS , the Council (the Council) of the City of Fort
Collins, Colorado (the City) , has heretofore created
Lemay/Harmony Special Improvement District No. 78 (the District)
and authorized the construction and installation of street and
utility improvements (the Improvements) therein, all in
accordance with the Charter of the City (the Charter) and
Chapter 16 of the Code of the City (the Code) ; and
WHEREAS , the Improvements will be constructed and installed
in two phases as follows:
PHASE 1
A. Construction and surfacing of Lemay Avenue to a width
of 36 feet from Harmony Road to Fossil Creek Parkway.
B. Construction and surfacing of Southridge Greens
Boulevard adjacent to the property of the Archidiocese of Denver
and Fox Ridge II.
C. Construction and surfacing of the remainder of
Southridge Greens Boulevard to its terminus in Southridge
Greens, including all utility improvements; construction and
surfacing of Front Line Drive from Southridge Greens Boulevard
to Mail Creek Ditch; and construction and surfacing of
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Greenridge Parkway from Southridge Greens Boulevard to its
terminus in Southridge Greens.
D. Installation of a water transmission main running from
Fossil Creek Parkway to Lemay Avenue and continuing south on
Lemay Avenue for approximately 781. 38 lineal feet and a 14"
waterline in Southridge Greens Boulevard from the intersection
of Lemay Avenue and Southridge Greens Boulevard running east
approximately 980 lineal feet.
E. Installation of all utilities crossing Southridge
Greens Golf Course .
F. Installation of offsite sewer line from Southridge
Greens Boulevard to Trilby Road.
PHASE 2
G. Construction and surfacing of the south half of Harmony
Road to 3,682 feet east of Lemay Avenue and to 1,960 feet west
of Lemay Avenue.
H. Widening of Lemay Avenue from Harmony Road to 1,000
feet south of Harmony Road to a width of 70 feet from flow line
to flow line, including all construction and surfacing therefor
and installation of curb, gutter, sidewalk and other like
improvements.
I. Construction and surfacing of Oak Ridge Drive from
Lemay Avenue to Wheaton Drive; construction and surfacing of
Wheaton Drive from Harmony Road to Boardwalk Drive; construction
and surfacing of McMurry Drive from Lemay Avenue to Wheaton
Drive; and construction and surfacing of Boardwalk Drive from
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Lemay Avenue to Wheaton Drive, including all utility
improvements therefor.
J. Placement of a 20" water line on Lemay Avenue from
Harmony Road to the southernmost property line of Lake Sherwood
Joint Venture property; and
WHEREAS , the construction and installation of the
Improvements in the District has conferred and will confer
general benefits on the City and special benefits on the
assessable property within the District; and
WHEREAS , the Council has determined that the portion of the
cost of the construction and installation of the Phase 1
Improvements to be assessed against the property within the
District will not exceed $1 , 885, 000 and that special assessment
bonds of the City for the District should be issued in said
amount; and
WHEREAS, Everitt Development, Inc. and Bucain Corporation,
including their respective related companies- (the Developers) ,
the owners of certain real property within the District to be
assessed for the cost of the Phase 1 Improvements , have agreed
to furnish collateral security for the payment of a portion of
the principal of and interest on said bonds; and
WHEREAS , a form of escrow agreement (the Escrow Agreement) ,
dated as of October 1 , 1983, among the City, the Developers, and
United Bank of Fort Collins National Association (the Escrow
Agent) , providing for the custody and application of such
collateral security, has been filed in the office of the City
Clerk; and
WHEREAS , a proposal for the purchase of said bonds on terms
favorable to the City -has been received from Boettcher &
Company, Denver , Colorado (the Purchaser) , and associates, which
the Council has determined, and does hereby determine, to
accept; and
WHEREAS, it is necessary to authorize the issuance of said
bonds and to provide for the repayment thereof.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS,
COLORADO, AS FOLLOWS:
1. In order to defray .the cost of constructing and
installing the Phase 1 Improvements within the District,
together with all necessary and incidental costs and expenses
permitted by the Charter and the Code , the City shall issue its
Lemay/Harmony Special Improvement District No . 78 (Phase 1) ,
Special Assessment Bonds, dated October 1 , 1983, in the
aggregate principal amount of $1,885, 000 (the Bonds) , consisting
of 377 fully registered bonds in the denomination of $5,000
each, numbered consecutively from 1 to 377, inclusive. The
Bonds shall mature on October 1, 1998, and shall bear interest
as herein set forth. Pursuant to the recommendations of the
Committee on Uniform Security Identification Procedures, CUSIP
numbers may be printed on the Bonds.
2. The following numbered Bonds in the following principal
amounts shall bear per annum interest from October 1, 1983, to
October 1 , 1998, except if redeemed prior thereto , at the
following rates :
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Bonds Numbered Principal Per Annum
(both inclusive) Amounts Interest Rates
1 to 26 $130,000 8.000%
27 to 53 135, 000 8. 500
54 to 80 135,000 _ 9.000
81 to 107 135, 000 9. 250
108 to 134 135,000 9.500
135 to 161 135,000 9. 750
162 to 188 135,000 10.000
189 to 215 135, 000 10. 000
216 to 242 135,000 10.250
243 to 269 135,000 10. 250
270 to 296 135,000 10.375
297 to 323 135, 000 10. 375
324 to 350 135,000 10. 500
351 to 377 135, 000 10. 500
Said interest shall be payable April 1, 1984, and semiannually
thereafter on the lst day of October and the 1st day of April of
each year . If upon presentation at maturity the principal of
any Bond is not paid as provided herein, interest shall continue
thereon at the same interest rate until the principal thereof is
paid in full.
3. The maximum net effective interest rate for the Bonds
is 18% . The actual net effective interest rate on the Bonds is
10. 36308% .
4. The principal of and interest on the Bonds shall be
payable in lawful money of the United States of America to the
registered owners of the Bonds by the Finance Director of the
City, who is hereby designated the paying agent for the Bonds.
The principal shall be paid to the registered owner of each Bond
upon presentation and surrender of the Bond at maturity or upon
prior redemption. Except as hereinafter provided, the interest
shall be paid to the registered owner of each Bond determined as
of the close of business on the regular record date, which shall
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be the fifteenth (15th) day of the calendar month next preceding
the interest payment 1date, irrespective of any transfer of
ownership of the Bond subsequent to the regular record date and
prior to such interest payment date, by check or draft mailed to
such registered owner at the address appearing on the
registration books of the City maintained by the City Clerk as
registrar. Any interest not paid when due and any interest
accruing after maturity shall be paid to the registered owner of
each Bond entitled to receive such interest determined as of the
close of business on the special record date, which shall be
fixed by the City for such purpose , irrespective of any transfer
of ownership of the Bond subsequent to such special record date
and prior to the date fixed by the City for the payment of such
interest, by check or draft mailed as aforesaid. Notice of the
special record date and of the date fixed for the payment of
such interest shall be given by sending a copy thereof by
first-class, postage prepaid mail, at least-..ten (10) days prior
to the special record date, to the Purchaser and to the
registered owner of each Bond upon which interest will be paid
determined as of the close of business on the day preceding such
mailing at the address appearing on the registration books of
the City.
5. Whenever there are available in the Lemay/Harmony
Special Improvement District No. 78 (Phase 1) , Special
Assessment Bonds, Bond and Interest Fund (the Bond Fund)
hereinafter described sufficient funds derived from special
assessments exceeding six months' interest on the unpaid
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principal of the Bonds then outstanding , it shall be the duty of
the Finance Director"to call in and pay a suitable number of
Bonds. Notice of such call shall be given by publishing a copy
thereof for five (5) days in The Coloradoan, Fort Collins,
Colorado , if then in business and publishing , and if not, then
in some other official newspaper published in the City, and by
sending a copy thereof by first-class, postage prepaid mail,
within ten (10) days after said publication to the Purchaser and
to the registered owners of each of the Bonds being redeemed
determined as of the close of business on the day preceding the
first publication of such notice at the addresses appearing on
the registration books of the City. Said notice shall specify
by number the Bonds so called . Bonds so called shall be
redeemed in regular numerical order at a price equal to the
principal amount of each Bond so redeemed plus accrued interest
thereon as hereinafter provided. If any Bond shall have been
duly called for redemption, then such Bond shall become due and
payable upon such redemption date, and interest shall cease to
accrue thereon after the expiration of thirty (30) days from the
first publication of the aforesaid notice. Failure to publish
or mail any notice as aforesaid or any defect in any notice
published or mailed with respect to any Bond shall not affect
the validity of the redemption proceedings with respect to any
other Bond. Any Bonds redeemed prior to maturity by call for
prior redemption or otherwise shall not be reissued and shall be
cancelled the same as Bonds paid at or after maturity.
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6. The Bonds shall be executed in the name and on behalf
of the City with the facsimile signature of the Mayor of the
City, shall bear a facsimile of the seal of the City, shall be
attested by the facsimile signature of the City Clerk of the
City, and shall be countersigned with the manual signature of
the Finance Director of the City. Should any officer whose
manual or facsimile signature appears on the Bonds cease to be
such officer before delivery of the Bonds to the Purchaser, such
manual or facsimile signature shall nevertheless be valid and
sufficient for all purposes.
7. Upon their execution and prior to their delivery the
Bonds shall be registered for the purpose of payment of
principal and interest in the office of the City Clerk as
registrar. Thereafter , the Bonds shall be transferable only
upon the registration books of the City at the office of the
City Clerk by the registered owner thereof or by his or its duly
authorized attorney-in-fact or legal representative. The City
Clerk shall accept a Bond for registration or transfer only if
the registered owner is to be an individual, a corporation, a
partnership, or a trust . Bonds may be transferred upon
surrender of the Bonds together with written instruments of
transfer duly executed by the registered owners or their duly
authorized attorneys-in-fact or legal representatives with
guaranty of signatures satisfactory to the City Clerk,
containing written instructions as to the details of the
transfer of such Bonds , along with the social security numbers
or federal employer identification numbers of such transferees
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and , if such transferee is a trust, the names and social
security numbers of the settlor and the beneficiaries of the
trust. Transfers shall be made without charge , except that the
City Clerk may require payment of a sum sufficient to defray any
tax or other governmental charge that may hereafter be imposed
in connection with any transfer of Bonds. No registration of
any Bond shall be effective until entered on the registration
books. Concurrently with the entry of the required information
on the registration books the City Clerk shall enter the
required information on the registration panel pertaining to
each Bond . The City Clerk shall not be required to transfer
ownership of any Bond during the five (5) days prior to the
first publication of any notice of redemption or to transfer
ownership of any Bond selected for redemption on or after the
date of the first such publication. The City may deem and treat
the person in whose name any Bond is last registered upon the
books of the City as the absolute owner thereof for the purpose
of receiving payment of the principal of and interest on such
Bond and for all other purposes , and all such payments so made
to such person or upon his order shall be valid and effective to
satisfy and discharge the liability of the City upon such Bond
to the extent of the sum or sums so paid, and the City shall not
be affected by any notice to the contrary.
8. The Bonds and the registration panels pertaining
thereto shall be in substantially the following form:
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[Form of Bond]
(Text of Face)
UNITED STATES OF AMERICA
STATE OF COLORADO COUNTY OF LARIMER
CITY OF FORT COLLINS
LEMAY/HARMONY SPECIAL IMPROVEMENT DISTRICT NO. 78 (PHASE 1)
SPECIAL ASSESSMENT BOND
No. R- $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
registered owner hereof whose name , address , and identification
number appear on the registration panel attached hereto, solely
out of the special funds hereinafter described , but not
otherwise, the principal sum of
FIVE THOUSAND DOLLARS
in lawful money of the United States of America, on the 1st day
of October, 1998, and likewise to pay interest thereon from the
date hereof to the maturity date hereof, except if redeemed
prior thereto, at the rate of and
hundredths per centum ( 8) per annum, payable
April 1, 1984, and semiannually thereafter on the 1st day of
October and the 1st day of April of each year. If upon
presentation at maturity the principal of this Bond is not paid
as provided herein, interest shall continue hereon at the same
interest rate until the principal hereof is paid in full . The
principal of and interest on this Bond are payable to the
registered owner hereof by the Finance Director of the City.
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The principal shall be paid to the registered owner hereof upon
presentation and surrender of this Bond at maturity or upon
prior redemption. Except as hereinafter provided , the interest
shall be paid to the registered owner hereof determined as of
the close of business on the regular record date , which shall be
the fifteenth (15th) day of the calendar month next preceding
the interest payment date , irrespective of any transfer of
ownership hereof subsequent to the regular record date and prior
to such interest payment date , by check or draft mailed to such
registered owner at the address appearing on the registration
books of the City maintained by the City Clerk as registrar.
Any interest hereon not paid when due and any interest hereon
accruing after maturity shall be paid to the registered owner of
this Bond determined as of the close of business on the special
record date , which shall be fixed by the City for such purpose ,
irrespective of any transfer of ownership of the Bond subsequent
to such special record date and prior to the-date fixed by the
City for the payment of such interest, by check or draft mailed
as aforesaid . Notice of the special record date and of the date
fixed for the payment of such interest shall be given by sending
a copy thereof by first-class, postage prepaid mail , at least
ten (10) days prior to the special record date, to Boettcher &
Company, Denver , Colorado , and to the registered owner of each
Bond upon which interest will be paid determined as of the close
of business on the day preceding such mailing at the address
appearing on the registration books of the City.
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Whenever there are available in the Lemay/Harmony Special
Improvement District NNo. 78 (Phase 1) , Special Assessment Bonds,
Bond and Interest Fund hereinafter described sufficient funds
derived from special assessments exceeding six months' interest
on the unpaid principal of the Bonds of this issue then
outstanding, it shall be the duty of the Finance Director of the
City to call in and pay a suitable number of Bonds. Notice of
such call shall be given by publishing a copy thereof for five
(5) days in The Coloradoan, Fort Collins, Colorado, if then in
business and publishing , and if not, then in some other official
newspaper published in the City , and by sending a copy thereof
by first-class postage prepaid mail, within ten (10) days after
said publication, to Boettcher & Company , Denver, Colorado, and
to the registered owners of each of the Bonds being redeemed
determined as of the close of business on the date preceding the
first publication of such notice at the address appearing on the
registration books of the City. Said notice-shall specify by
number the Bonds so called. Bonds of this issue so called shall
be redeemed in regular numercial order at a price equal to the
principal amount of each Bond so redeemed plus interest thereon
as hereinafter provided . If this Bond shall have been duly
called for redemption, this Bond shall become due and payable
upon such redemption date , and interest shall cease to accrue
hereon after the expiration of thirty (30) days from the first
publication of the aforesaid notice . Failure to publish or mail
any notice as aforesaid or any defect in any notice published or
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mailed with respect to any Bond shall not affect the validity of
the redemption proceedings with respect to any other Bond.
This Bond is one of a series of special assessment bonds in
the aggregate principal amount of $1,885, 000 issued for the
purpose of defraying the costs of constructing and installing
Phase 1 street and utility improvements in and for Lemay/Harmony
Special Improvement District No. 78 by virtue of and in full
conformity with the Constitution of the State of Colorado, the
home rule Charter of the City, and Chapter 16 of the Code of the
City and pursuant to and under the authority of an Ordinance
duly adopted by the Council of the City prior to the issuance of
this Bond.
This Bond is not, and shall not be considered or taken to
be , a general obligation or indebtedness of the City within the
meaning of any requirement of or limitation imposed by law.
This Bond and the interest hereon are payable solely from,
and as security for such payment there is exclusively pledged, a
special fund designated as the Lemay/Harmony Special Improvement
District No. 78 (Phase 1) , Special Assessment Bonds, Bond and
Interest Fund , into which there shall initially be deposited
accrued interest and capitalized interest on the Bonds and any
proceeds of the Bonds remaining in the Capital Projects Fund of
the City after the cost of the aforesaid Phase 1 improvements
has been paid in full and into which there shall thereafter be
deposited moneys collected on account of assessments hereafter
to be levied against the property within Lemay/Harmony Special
Improvement District No . 78 and specially benefited by the
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construction and installation of the Phase 1 improvements
therein.
As collateral security for the payment of a portion of the
principal of and interest on the Bonds of this issue the owners
of certain real property within the District to be assessed for
the cost of the aforesaid Phase 1 improvements have deposited in
escrow with United Bank of Fort Collins National Association for
a period not exceeding three years from the date hereof
irrevocable letters of credit with instructions that said
letters of credit be delivered to the City and drawn to pay
principal or interest on the Bonds of this issue if under
specified circumstances said owners or their related companies
or successors in title fail to pay when due any assessments
levied against their respective properties.
Bonds of this issue, together with bonds of other special or
local improvement districts of • the City, are additionally
secured by moneys deposited in the special Surplus and
Deficiency Fund of the City. Whenever there is a deficiency in
the Bond and Interest Fund for the payment of principal or
interest on .this Bond , the deficiency is to be paid by
transferring moneys from the special Surplus and Deficiency Fund
to the Bond and Interest Fund. The Ordinance authorizing the
issuance of this Bond provides that whenever three-fourths (3/4)
of the Bonds of this issue have been paid and cancelled and for
any reason the remaining assessments are not paid in time to
redeem the remaining Bonds and to pay the interest thereon, and
there are not sufficient funds in the special Surplus and
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Deficiency Fund to do so , then the City shall pay the remaining
Bonds when due and tle interest thereon, levy additional ad
valorem taxes therefor, and reimburse itself by collecting the
unpaid assessments due.
The City covenants with the registered owner of this Bond
that it will levy and collect the assessments against the
property specially benefited and deposit the same into the Bond
and Interest Fund and that it will diligently enforce the lien
of any unpaid assessment against the property charged
therewith. The City further covenants with the holder of this
Bond that it will keep and perform all of the covenants of this
Bond and of the Ordinance authorizing the issuance hereof .
Reference is hereby made to said Ordinance for a description of
the provisions, terms, and conditions upon which this Bond is
issued and secured, including , without limitation, the nature
and extent of the security for this Bond , the collection and
disposition of the special assessments and moneys charged with
and pledged to the payment of this Bond , the special funds
referred to above, and the nature and extent of the security and
pledge afforded thereby for the payment of this Bond , the
rights, duties and obligations of the City and its Council, and
the rights and remedies of the registered owner of this Bond .
It is hereby recited, certified and warranted that the total
issue of Bonds of the City for Lemay/Harmony Special Improvement
District No. 78, including this Bond, does not exceed any
limitation imposed by law; that every requirement of law
relating to the creation of said District, the construction and
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installation of the aforesaid Phase 1 improvements, the
preparation for levying of the aforesaid assessments, and the
issuance of this Bond has been fully complied with by the proper
officers of the City; that all acts, conditions and things
required by law to be done precedent to and in the issuance of
this Bond have been properly done; and that this Bond does not
contravene any constitutional or statutory provision of the
State of Colorado or provision of the City Charter or ordinances.
For the payment of this Bond and the interest hereon, the
City pledges the exercise of all of its lawful corporate powers.
REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS
BOND SET FORTH ON THE REVERSE HEREOF.
IN TESTIMONY WHEREOF, the City of Fort Collins, Colorado,
has caused this Bond to be executed in the name 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
attested by 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, all as of the lst day of October, .
1983.
CITY OF FORT COLLINS, COLORADO
(CITY) By: (Facsimile Signature)
(SEAL) Mayor
Attest:
(Facsimile Signature)
City Cler Countersigned:
(Manual Signature)
Finance Director
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(Text of Reverse)
This Bond is transferable only upon the registration books
of the City at the office of the City Clerk by the registered
owner hereof or by his or its duly authorized attorney-in-fact
or legal representative , upon surrender hereof together with a
written instrument of transfer duly executed by the registered
owner or his or its duly authorized attorney-in-fact or legal
representative with guaranty of signature satisfactory to the
City Clerk, containing written instructions as to the details of
the transfer, along with the social security number or federal
employer identification number of the transferee and , if the
transferee .is a trust, the names and social security numbers of
the settlor and beneficiaries of the trust. Transfers shall be
made without charge, except that the City Clerk may require
payment of a sum sufficient to defray any tax or other
governmental charge that may hereafter be imposed in connection
with any transfer of Bonds. Upon such transfer the City Clerk
i
will enter the date of registration and the name, address, and
social security number or federal employer identification number
of the new registered owner of this Bond on the registration
panel attached hereto. The City Clerk shall not be required to
transfer ownership of any Bond during the five (5) days prior to
the first publication of any notice of redemption or to transfer
ownership of any Bond selected for redemption on or after the
date of the first such publication. The City may deem and treat
the person in whose name this Bond is last registered upon the
books of the City as the absolute owner hereof for the purpose
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of receiving payment of the principal of and interest on this
Bond and for all other purposes, and all such payments so made
to such person or upon his order shall be valid and effective to
satisfy and discharge the liability of the City upon this Bond
to the extent of the sum or sums so paid , and the City shall not
be affected by any notice to the contrary.
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(Registration Panel)
This Bond No. _; which bears interest at the rate of — _%
per annum, is registered in the office of the City Clerk of the
City of Fort Collins, Colorado, as registrar, in the name of the
owner listed below, and the principal of and interest on this
Bond shall be payable only to such owner.
Name , Address , and
Date of Identification Number of Signature of
Registration Registered Owner City Clerk
[End of Form of Bond]
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9. The proceeds of the Bonds, excluding accrued interest
and capitalized interest, shall be deposited into the Capital
Projects Fund of the City (the Capital Projects Fund) , and
thereafter said proceeds shall be used gnly to pay or reimburse
the City for the costs and expenses of constructing and
installing the Phase 1 Improvements. In the event that less
than all of the proceeds of the Bonds are expended to pay such
costs and expenses, any remaining sums shall be transferred upon
completion of the Phase 1 Improvements to the Bond Fund and used
for the purpose of calling in and paying the principal of and
interest on the Bonds. Accrued interest and capitalized
interest shall be deposited into the Bond Fund and applied for
the payment of interest first due on the Bonds.
10. The Bonds and the interest thereon shall be payable
solely from, and there is hereby created , the Bond Fund , into
which there shall initially be deposited accrued interest and
capitalized interest on the Bonds and any proceeds of the Bonds
remaining in the Capital Projects Fund after the cost of the
Phase 1 Improvements has been paid in full and into which there
shall thereafter be deposited all moneys collected on account of
assessments to be levied against the property within the
District and specially benefited by the construction and
installation of the Phase 1 Improvements therein. The moneys in
the Bond Fund shall be used for the purpose of paying the
principal of and interest on the Bonds and for no other purpose
whatsoever until the Bonds, both principal and interest, have
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been fully paid and discharged , and as security for such payment
the Bond Fund is hereby exclusively pledged.
11. The Bonds shall be collaterally secured by the
irrevocable letters of credit deposited in escrow with the
Escrow Agent pursuant to the Escrow Agreement. The Mayor , the
City Clerk, and the Finance Director are hereby authorized and
directed to execute the Escrow Agreement and to perform all such
acts as the City is required thereunder to perform for the
benefit of the registered owners of the Bonds.
12. The Bonds, together with bonds of other special or
local improvement districts of the City , shall be additionally
secured by moneys deposited in the special Surplus and
Deficiency Fund of the City (the Surplus and Deficiency Fund) .
Whenever there is a deficiency in the Bond Fund for the payment
of principal or interest on the Bonds, the deficiency shall be
paid by transferring moneys from the Surplus and Deficiency Fund
to the Bond Fund . Whenever three-fourths (3/4) of the Bonds
have been paid and cancelled and for any reason the remaining
assessments are not paid in time to redeem the remaining Bonds
and to pay the interest thereon, and there are not sufficient
funds in the Surplus and Deficiency Fund to do so , then the City
shall pay the remaining Bonds when due and the interest thereon,
levy additional ad valorem taxes therefor , and reimburse itself
by collecting the unpaid assessments due.
13. The Bonds, when executed and registered as provided
herein and in the Code, shall be delivered by any one of the
officers of the City to the Purchaser upon payment to the City
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of the purchase price therefor. The proceeds derived from the
sale of the Bonds shall be used exclusively for the purposes
stated herein; provided, however that any portion of such
proceeds may be temporarily invested pending such use in
securities or obligations which are lawful investments for the
City with such temporary investments to be made consistent with
the covenant hereinafter made concerning arbitrage bonds.
Neither the Purchaser nor. the registered owner of any Bond shall
be in any way responsible for the application of the proceeds of
the Bonds by the City or any of its officers.
14. The City covenants that it will make no investment or
other use o.f the proceeds of the Bonds at any time during the
term thereof which, if such investment or other use had been
reasonably expected on the date the Bonds are issued, would have
caused the Bonds to be arbitrage bonds within the meaning of
Section 103(c) of the Internal Revenue Code of 1954, as amended,
and the regulations promulgated thereunder , unless , under any
provision of law hereafter enacted, the interest paid on the
Bonds shall be excludible from the gross income of a recipient
thereof for federal income tax purposes without regard to
whether or not the Bonds are arbitrage bonds or shall be exempt
from all federal income taxation.
15. The Council shall cause the assessments to be levied
and collected as provided by law for the benefit of the
registered owners of the Bonds. All assessments made , together
with all interest thereon and penalties for default in payment
thereof , shall be a lien in the several amounts assessed against
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each property from the date of the publication of the assessing
ordinance and shall be a first and prior lien over all other
liens excepting general tax liens. The Council will further
cause the lien of any unpaid assessment to be diligently
enforced against the property charged therewith.
16. So long as any of the Bonds remain outstanding , the
City will keep or cause to be kept by Larimer County, Colorado
(the County) , true and accurate books of records and accounts
showing full and true entries covering the collection and
disposition of the assessments and any delinquencies in the
collection thereof , covering deposits and disbursements in each
of the special funds herein described, covering the payment of
the Bonds, both principal and interest , and covering
disbursements to defray the costs and expenses of the Phase 1
Improvements. If any such books covering collection and
disposition of the assessments and any delinquencies in the
collection thereof are kept by the County, the City shall
arrange to receive from the County notice of any delinquency in
the payment of any assessment levied against any lot or tract of
land located within the District owned by one of the Developers
on or after the date of the Escrow Agreement to enable the City
promptly to exercise any rights and duties it may have under the
Escrow Agreement. The City will permit inspection and
examination of all such books and notices maintained or received
by the City at any reasonable time by the Purchaser or the
registered owner of any Bond.
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17. The registered owner of any Bond shall have the right
and power for the equal benefit and protection of all registered
owners of Bonds similarly situated:
a. By mandamus or other suit, action, or proceeding
at law or in equity to enforce his rights against the City
and to require and compel the City to perform and carry out
its duties, obligations, or other commitments under this
Ordinance and under its covenants and agreements with the
registered owners of the Bonds;
b. By action or by suit in equity to require the City
to account as if it were the trustee of an express trust;
c . By action or by suit in equity to have appointed a
receiver , which receiver may take possession of any accounts
and may collect, receive, and apply all revenues or other
moneys pledged for the payment of the Bonds in the same
manner as the City itself might do;
d. By action or by suit in equity-to enjoin any acts
or things which might be unlawful or might be in violation
of the rights of the registered owners of the Bonds; and
e. . To bring suit upon the Bonds.
No right or remedy conferred by this Ordinance upon the
registered owner of any Bond or any trustee therefor is intended
to be exclusive of any other right or remedy, but each such
right or remedy is cumulative and is in addition to every other
right or remedy and may be exercised without exhausting and
without regard to any other remedy conferred by this Ordinance
or by any other law. The failure of the registered owner of any
-25-
Bond so to proceed as provided herein shall not relieve the City
of any obligation to 'perform or to carry out any duty,
obligation, or other commitment.
18. This Ordinance is, and shall constitute , a legislative
measure of the City, and after the Bonds are issued , sold , and
outstanding , this Ordinance shall constitute a contract between
the City and the registered owners of the Bonds, and shall be
and remain irrepealable until the Bonds and the interest thereon
shall have been fully paid , satisfied and discharged .
- 19. Pursuant to the Uniform Facsimile Signature of Public
Officials Act, part 1 of article 55 of title 11, Colorado
Revised Statutes 1973, as amended, the Mayor and the City Clerk
of the City shall forthwith, but in any event prior to the
delivery of the Bonds to the Purchaser, file with the Colorado
Secretary of State their manual signatures and an impression of
the seal of the City, certified by them under oath, using a
Facsimile Signature Certificate for this purpose .
20. 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 printing of the Bonds, including the printing
upon each of the Bonds of a copy of the approving legal
opinion of Ballard , Spahr, Andrews & Ingersoll , bond
counsel, duly certified by the City Clerk; and
-26-
b. The execution of such certificates as may be
required by the Purchaser relating to the signing of the
Bonds, 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 Bonds,
the exemption of the interest on the Bonds from federal
income taxation, and receipt of the Bond purchase price and
of the Bonds, using a Signature Certificate, a General and
No-Litigation Certificate , a Certificate as to Amount and
Use of Bond Proceeds, and a Delivery Certificate for these
purposes; and
c .. The preparation of a Preliminary Official
Statement and a final Official Statement relating to the
Bonds; and
d . The making of various statements, recitals,
certificates and warranties provided in the form of Bond set
forth in this Ordinance; and
e . The payment of the interest on the Bonds as the
same shall become due and the principal of the Bonds at
maturity or upon prior redemption without further warrant or
order.
21. All action heretofore taken by the City and by the
officers thereof not inconsistent herewith directed toward the
creation of the District, the construction and installation of
the Phase 1 Improvements therein, and the authorization and sale
of the Bonds is hereby ratified, approved and confirmed.
-27-
22. All acts, orders, resolutions, ordinances, or parts
thereof, taken by the City and 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 .
23. If any paragraph, clause or provision of this Ordinance
is judicially adjudged invalid or unenforceable , such judgment
shall not affect, impair or invalidate the remaining paragraphs,
clauses or provisions hereof , the intention being that the
various paragraphs, clauses or provisions hereof are severable.
INTRODUCED, READ, APPROVED ON FIRST READING, AND ORDERED
PUBLISHED ONCE IN FULL THIS 6th day of September, 1983.
CITY OF FORT COLLINS , COLORADO
By: 7/V
(CITY) 01�
(SEAL)
Attest:
AXMI%J�Ay-\
City C er c
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 20th day of September, 1983, at 5: 30 p.m.
-28-
READ, FINALLY PASSED ON SECOND READING, AND ORDERED
PUBLISHED ONCE BY NUMBER AND TITLE ONLY this 20th day of
September, 1983.
CITY OF FORT COLLINS, COLORADO
By:
(CITY) M r
(SEAL)
Attest:
City C1 t
-29-
Council Member Elliott moved that the foregoing
Ordinance heretofore introduced and read by title be approved on
first reading . Council Member Ohl son 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
Gerald Horak
E. John Clarke
William Elliott
Kelly Ohlson
Barbara Rutstein
Ed Stoner
Council Members voting "NAY" . None
The Mayor thereupon declared that , a majority of the Council
Members having voted in favor thereof , the motion was carried
and the Ordinance duly approved on first reading .
Thereupon the Mayor ordered said Ordinance published once in
full together with a notice giving the date when said Ordinance
will be presented for final passage in The Coloradoan, a
newspaper of general circulation published in the City , at least
seven (7) days before presentation for final passage .
-30-
After consideration of other business to come before the
Council, the meeting was adjourned.
ay
(CITY) Ci of Fort Collins, Colorado
(SEAL)
Attest:
AA
City Clerk
City of Fort Collins, Colorado
-31-
STATE OF COLORADO )
COUNTY OF LARIMER ) ss.
CITY OF FORT COLLINS )
The Council of the City of Fort Collins, Colorado, held a
regular meeting at Council Chambers , City Hall , 300 LaPorte
Avenue , Fort Collins, Colorado , on Tuesday, the 20th day of
September , , 1983 , at the hour of 5 : 30 p.m.
The following persons were present:
Council Members : John Knezovich, Mayor
Gerald Horak, Assistant Mayor
E. John Clarke
Kelly Ohlson
Barbara Rutstein
Ed Stoner
City Manager : John E. Arnold
Deputy
/ City Clerk :
The followingMolly Davis
persons were absent:
t:
William Elliott
The Mayor informed the Council that Ordinance No. 117
1983, which was introduced, approved on first reading , and
ordered published once in full at a regular meeting of the
Council, held on September 6, 1983, was duly published in The
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Coloradoan, a newspaper of general circulation published in the
City, in its issue of September 11 , 1983.
Council Member Rutstein then read said Ordinance by
its title.
Thereupon, Council Member Rutstein moved the final
passage of Ordinance No. 117 , 1983. Council Member 0h1son
seconded the motion, and. the question being upon the final
passage of said Ordinance , the roll was called with the
following result:
Council Members voting "AYE" : John Knezovich
Gerald Horak
E. John Clarke
) x Ix)= x)M X 14kb(+X
Kelly Ohlson
Barbara Rutstein
Ed Stoner
Council Members voting "NAY" : None
The Mayor thereupon declared that a majority of the Council
Members 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'.
-33-
After consideration of other business to come before the
Council the meeting was adjourned.
/R-ayo r
of Fort Coll ' , Colorado
(CITY) C
(SEAL)
Attest:
City C1 c
City of Fort Collins, Colorado
-34-
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. 117 , 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 6th day of September , 1983 ; that
said Ordinance was finally passed on second reading by said
Council at a regular meeting of thereof , held at Council
Chambers, City Hall, 300 LaPorte Avenue, Fort Collins, Colorado,
the regular meeting place thereof , on Tuesday, the 20th day of
September, 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 Septemberll,
1983, and September 25 , 1983, as evidenced by the certificates
-35-
of the publisher attached hereto at pages 37 and 38. I further
certify that the foregoing pages 1 through 34, inclusive,
constitute a true and correct copy of the record of the
proceedings of said Council at its aforesaid meetings, insofar
as said proceedings relate to said Ordinance ; that said
proceedings were duly had and taken, that the meetings were duly
held; and that the persons were present at said meetings as
therein shown.
IN WITNESS WHEREOF, I have hereunto set my hand and. the seal
of the City of Fort Collins, Colorado , this26thday of September,
1983.
(CITY) City Clerk
(SEAL) City of Fort Collins, Colorado
Deputy Ci Clrrk
City of Fort Collins, Colorado
-36-
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. )
-37-
ORDINANCE NO. 117 , 1983
AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF
FORT COLLINS , COLORADO, LEMAY/HARMONY SPECIAL
IMPROVEMENT DISTRICT NO. 78 (PHASE 1) , SPECIAL
ASSESSMENT BONDS, DATED OCTOBER 1, 1983, IN THE
AGGREGATE PRINCIPAL AMOUNT OF $1 , 885, 000 ;
PRESCRIBING THE FORM OF SAID BONDS; PROVIDING FOR
THE PAYMENT OF SAID BONDS AND THE INTEREST THEREON;
AND AUTHORIZING THE APPROPRIATE OFFICERS OF THE
CITY TO ENTER INTO AN ESCROW AGREEMENT IN ORDER
FURTHER TO SECURE SAID BONDS .
READ, FINALLY PASSED ON SECOND READING, AND ORDERED
PUBLISHED ONCE BY NUMBER AND TITLE ONLY this 20th day of
September, 1983.
CITY OF FORT COLLINS, COLORADO
(CITY) Ma o
(SEAL)
Attest:
/�
-39-
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 6th day of
September , .1983 , at the hour of 5 : 30 p.m.
The following persons were present:
Council Members : John Knezovich, Mayor
Gerald Horak, Assistant Mayor
E. John Clarke
William Elliott
Kelly Ohlson
Barbara Rutstein
Ed Stoner
City Manager : John E. Arnold
City Clerk : Wanda M. Krajicek
The following persons were absent:
None
Council Member Elliott. introduced the
following Ordinance , 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:
-1-