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HomeMy WebLinkAbout138 - 11/23/1982 - PROVIDING FOR THE CONSOLIDATION OF SOUTH MASON STREET AND UTILITY IMPROVEMENT DISTRICT NO. 75, STREE ORDINANCE NO 138 , 1982 AN ORDINANCE PROVIDING FOR THE CONSOLIDATION OF SOUTH MASON STREET AND UTILITY IMPROVEMENT DISTRICT NO 75, STREET IMPROVEMENT DISTRICT NO 76 , AND BOARDWALK SPECIAL IMPROVEMENT DISTRICT NO. 77 INTO A CONSOLIDATED SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS 1982 CONSOLIDATED SPECIAL IMPROVEMENT DISTRICT, AUTHORIZING THE ISSUANCE OF CITY OF FORT COLLINS, COLORADO, 1982 CONSOLIDATED SPECIAL IMPROVEMENT DISTRICT, SPECIAL ASSESSMENT BONDS , DATED DECEMBER 1, 1982, IN THE AGGREGATE PRINCIPAL AMOUNT OF $1,265,000, PRESCRIBING THE FORM OF SAID BONDS, AND PROVIDING FOR THE PAYMENT OF SAID BONDS AND THE INTEREST THEREON WHEREAS , the Council (the Council) of the City of Fort Collins, Colorado (the City) , has heretofore created the following special improvement districts (the Existing Districts) 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) (a) South Mason Street and Utility Improvement District No 75 , created by Ordinance No. 86, 1981, (b) Street Improvement District No. 76, created by Ordinance No. 36, 1982, and (c) Boardwalk Special Improvement District No. 77, created by Ordinance No. 103, 1982 and WHEREAS, for the purpose of reducing administrative and financing costs and enabling the City to issue and sell special assessment bonds for all of the Existing Districts at one time at a more favorable interest rate , the Council has determined that it is in the best interest of the City and the owners of property in the Existing Districts that the Existing Districts -3- be consolidated into a consolidated special improvement district to be known as 1982 Consolidated Special Improvement District (the Consolidated District) , and WHEREAS, it is necessary to provide for the consolidation of the Existing Districts into the Consolidated District, and WHEREAS, the construction and installation of the Improvements in the Consolidated District has conferred and will confer general benefits on the City and special benefits on the assessable property within the Consolidated District, and WHEREAS, the Council has determined that the portion of the cost of the construction and installation of the Improvements to be assessed against the property within the Consolidated District will not exceed $1,265, 000 and that special assessment bonds of the City for the Consolidated District should be issued in said amount, and WHEREAS, a proposal for the purchase of such bonds on terms favorable to the City has been received from Boettcher & Company, Denver, Colorado (the Purchaser) , which the Council has determined, and does hereby determine , to accept, and WHEREAS, it is necessary to authorize the issuance of such bonds and to provide for the repayment thereof. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO, AS FOLLOWS 1 For the purpose of reducing administrative and financing costs and enabling the City to issue and sell special assessment bonds to finance the Improvements at a more favorable interest rate , South Mason Street and Utility Improvement -4- District No 75, Street Improvement District No 76, and Boardwalk Special Improvement District No. 77 are hereby consolidated into a consolidated special improvement district to be known as 1982 Consolidated Special Improvement District. The property included within the Consolidated District shall consist of the area included within the Existing Districts and specially benefited by the construction and installation of Improvements therein. Each of Existing Districts shall be considered as subdistricts within the Consolidated District and shall be known as Subdistrict No. 75, Subdistrict No 76, and Subdistrict No. 77 , respectively (the Subdistricts) . 2. In order to defray the cost of constructing and installing the Improvements within the Consolidated District, together with all necessary and incidental costs and expenses permitted by the Charter and the Code , the City shall issue its negotiable coupon City of Fort Collins, Colorado, 1982 Consolidated Special District, Special Assessment Bonds , dated December 1, 1982, in the aggregate principal amount of $1,265, 000 (the Bonds) , consisting of 1, 265 bonds in the denomination of $1,000 each, numbered consecutively from 1 to 1,265, inclusive , payable to bearer The Bonds shall mature on December 1, 1992, ana shall bear interest as evidenced by two sets of bearer interest coupons attached thereto as herein set forth, one of said sets to be designated "A" and the other supplemental set to be designated "B" 3 The following numbered Bonds in the following principal amounts shall bear per annum "A" coupon interest from -5- December 1, 1982, to December 1, 1992, except if redeemed prior thereto, at the following rates. In addition, all Bonds shall bear supplemental per annum "B" coupon interest for the period from January 1, 1983, to December 1, 1985, only, except if redeemed prior thereto, at the following rates Per Annum Coupon Bonds Numbered Principal Interest Rates (both inclusive) Amounts "A" "B"* 1 to 50 $ 501000 7 50% 1 50% 51 to 185 135,000 8 50% 1 50% 186 to 320 135,000 9 25% 1 50% 321 to 455 135, 000 9 75% 1.50% 456 to 590 135,000 10 00% 1 50% 591 to 725 135, 000 10 25% 1 50% 726 to 860 135,000 10 50% 1 50% 861 to 995 135, 000 10 75% 1 50% 996 to 1,130 135,000 11 00% 1.50% 1, 131 to 1,265 135, 000 11 00% 1 50% * payable for the period from January 1, 1983 , to December 1, 1985, only Said "A" coupon interest shall be payable June 1, 1983, and semiannually therafter on the 1st day of December and the 1st day of June of each year. Said "B" coupon interest shall be payable June 1, 1983 , and semiannually thereafter during said period on the 1st day of December and the 1st day of June 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 "A" coupon interest rate specified therein until the principal thereof is paid in full 4 The maximum net effective interest rate for the Bonds is 15%. The actual net effective interest rate on the Bonds is 11 1258%. -6- 5 The principal of and interest on the Bonds shall be payable 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 (the Paying Agent) , Fort Collins , Colorado, which is hereby designated the paying agent for the Bonds. 6. Whenever there are available in the 1982 Consolidated Special Improvement District, Special Assessment Bonds, Bond and Interest Fund (the Bond Fund) hereinafter described sufficient funds exceeding six months' interest on the unpaid principal of the Bonds then outstand,ng , 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 holders of each of the Bonds being redeemed if the names and addresses of such holders and the numbers of their Bonds are recorded with the City Clerk. For this purpose the holder of any Bond may at any time furnish his name and post office address and the number or numbers of his Bond or Bonds to the City Clerk. 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 -7- have been duly called for redemption and if on or before the redemption date there shall have been deposited with the Paying Agent sufficient funds to pay such Bond at the redemption price, 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 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. 7. 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, and each of the Bonds shall have attached thereto an appropriate number of interest coupons bearing the facsimile signature of the City Clerk of the City Said coupons shall be numbered consecutively from one upwards for each Bond as appropriate When issued as aforesaid as part of the Bonds, said coupons shall be the lawful binding promises and obligations of the City according to their import, securing the payment of interest as it becomes due. Should any officer whose manual or facsimile signature appears on the Bonds or the interest coupons attached thereto cease to be such officer before delivery of the Bonds to the Purchaser , such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes. -8- 8 The Bonds and the interest coupons attached thereto shall be in substantially the following form -9- (Form of Bond) UNITED STATES OF AMERICA STATE OF COLORADO COUNTY OF LARIMER CITY OF FORT COLLINS 1982 CONSOLIDATED SPECIAL IMPROVEMENT DISTRICT SPECIAL ASSESSMENT BOND No. $1, 000 The City of Fort Collins, in the County of Larimer and State of Colorado, for value received, hereby promises to pay to the bearer hereof, solely out of the special funds hereinafter described, but not otherwise, the principal sum of ONE THOUSAND DOLLARS in lawful money of the United States of America, on the 1st day of December , 19_, and likewise to pay interest thereon from the date hereof to the maturity date hereof, except if redeemed prior thereto, as evidenced by interest coupons designated "A" attached hereto at the rate of and hundredths per centum (_ _$) per annum, payable June 1, 1983, and semiannually thereafter on the 1st day of December and the 1st day of June of each year, and additional interest thereon for the period from January 1, 1983, to December 1, 1985, only, except if redeemed prior thereto, as evidenced by supplemental interest coupons designated "B" attached hereto at the rate of one and fifty hundredths per centum (1 50%) per annum, payable June 1, 1983, and seminannually thereafter during said period on the 1st day of December and the 1st day of June of each year If upon -10- presentation at maturity the principal of this Bond is not paid as provided herein, interest shall continue hereon at the "A" coupon interest rate specified herein until the principal hereof is paid in full The principal of and interest on this Bond are payable, 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, upon presentation and surrender of said coupons and this Bond as they severally become due. Whenever there are available in the 1982 Consolidated Special Improvement District, Special Assessment Bonds , Bond and Interest Funa hereinafter described sufficient funds exceeding six months ' interest on the unpaia 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 holders of each of the Bonds being redeemed if the names and addresses of such holders and the numbers of their Bonds are recorded with the City Clerk. For this purpose , the holder of any such Bond may at any time furnish his name and post office address and the number or numbers of his Bond or Bonds to the City Clerk. Said notice -11- 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 and if on or before the redemption date there shall ha,7e been deposited with First Interstate Bank of Fort Collins, N A. , Fort Collins, Colorado, sufficient funds to pay this Bond at the redemption price, then 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 This Bond is one of a series of special assessment bonds in the aggregate principal amount of $1,265,000 issued for the purpose of defraying the costs of constructing and installing street and utility improvements in and for City of Fort Collins, Colorado, 1982 Consolidated Special Improvement District 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 -12- special fund designated as the 1982 Consolidated Special Improvement District, Special Assessment Bonds, Bond and Interest Fund, into which there shall initially be deposited any proceeds of the Bonds remaining in the Capital Projects Fund of the City after the cost of the aforesaid 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 1982 Consolidated Special Improvement District and specially benefited by the construction and installation of the improvements therein Bonds of this issue and 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 said Bond and Interest Fund for the payment of principal or interest on this Bond , the deficiency shall be paid out of the special Surplus and Deficiency 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 Deficiency Fund, 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 The City covenants with the holder of this Bond that it will levy and collect the assessments against the property specially -13- benefited and deposit the same into said 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 conaitions 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 holder of this Bond. It is hereby recited, certified and warranted that the total issue of Bonds of the City for 1982 Consolidated Special Improvement District, 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 installation of the aforesaid improvements, the preparation for levying of the aforesaid assessments, and the issuance of this Bond has been fully complied with 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 -14- 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 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, and has caused the interest coupons attached hereto to be executed with the facsimile signature of the City Clerk of the City, all as of the 1st day of December, 1982. CITY OF FORT COLLINS, COLORADO (CITY) By (Facsimile Signature) (SEAL) Mayor ATTEST (Facsimile Signature) City Clerk COUNTERSIGNED (Manual Signature) Finance Director (End of Form of Bond) -15- (Form of Interest Coupon) No $ June On the 1st day of December, 19_, unless the Bond to which this coupon is attached has been called for prior redemption, the City of Fort Collins, Colorado, will pay 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, solely out of the special funds created and pledged as security for such payment and also described and so pledged in the Bond to which this coupon is attached, but not otherwise , being interest then due on its City of Fort Collins, Colorado, 1982 Consolidated Special Improvement District, Special Assessment Bond , bearing No (Facsimile Signature) City Clerk City of Fort Collins, Colorado (End of Form of Interest Coupon) -16-- 9. The proceeds of the Bonds shall be deposited into the Capital Pro3ects Fund of the City (the Capital Pro3ects Fund) , and thereafter said proceeds shall be used only to pay or reimburse the City for the costs and expenses of constructing and installing the Improvements, including payment of interest on the Bonds as provided by the Code. 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 Improvements to the Bond Fund and used for the purpose of calling in and paying the principal of and interest 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 any proceeds of the Bonds remaining in the Capital Pro3ects Fund after the cost of the 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 Consolidated District and specially benefited by the construction and installation of the 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 been fully paid and discharged, and as security for such payment the Bond Fund is hereby exclusively pledged. The City may account separately within the Bond Fund for moneys collected -17- on account of assessments to be levied against property within each Subdistrict without altering the security of this pledge 11 Bonds of this issue, 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 and interest on the Bonds, the deficiency shall be paid out of the Surplus and Deficiency 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, 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 12 The Bonds, when executed 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 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 -18- holder 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 13 The City covenants that it will make no investment or other use of 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 14 The Council shall cause the assessments to be levied and collected as provided by law for the benefit of the holders 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 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 taxes, in the same manner as general taxes now provided by law The Council will further cause the lien of any unpaid assessment to be diligently enforced against the property charged therewith 15. So long as any of the Bonds remain outstanding, the City will keep or cause to be kept true and accurate books of -19- records and accounts showing full and true entries covering the collection and disposition of the assessments as well as any delinquencies in the collection thereof, covering deposits and disbursements in each of the special funds herein described, covering the redemption of the Bonds, both principal and interest, covering disbursements to defray the costs and expenses of the Improvements, and the City will permit an inspection and examination of all books and accounts at all reasonable times by the Purchaser or the holder of any Bond 16. The holder of any Bond or any trustee therefor shall have the right and power for the equal benefit and protection of all holders 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 to 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 holders 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, -20- d By action or by suit in equity to en3oin any acts or things which might be unlawful or might be in violation of the rights of the holders of Bonds, and e. To oring suit upon the Bonds No right or remedy conferred by this Ordinance upon the holder 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 holder of any 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 17 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 holder or holders of the Bonds, and shall be and remain irrepealable until the Bonds and the interest thereon shall have been fully paid , satisfied and discharged. 18. 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 -21- 19 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 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, and receipt of the Bond purchase price and of the Bonds, using a Signature Certificate, a General and No-Litigation Certificate , and a Delivery Certificate for these purposes, and C. The making of various statements, recitals, certificates and warranties provided in the form of Bond set forth in this Ordinance, and d. The payment of the interest on the Bonds as the same shall accrue and the principal of the Bonds at maturity or upon prior redemption without further warrant or order 20 All action heretofore taken by the City and by the officers thereof not inconsistent herewith directed toward the creation of the Existing Districts and the Consolidated -22- District, the construction and installation of the Improvements therein, and the authorization and sale of the Bonds is hereby ratified, approved and confirmed. 21. 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. 22 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 9th day of November, 1982. CITY OF FORT COLLINS, COLORADO By _ (CITY) May (SEAL) ATTEST City Clerk The foregoing Ordinance will be presented for final passage at the continuation of the Council ' s adjourned regular meeting - 23- of November 16, 1982, to be held at Council Chambers, City Hall, 300 LaPorte Avenue, Fort Collins, Colorado, on Tuesday, the 23rd day of November , 1982, at 5 30 p.m -24- READ, FINALLY PASSED ON SECOND READING, AND ORDERED PUBLISHED ONCE BY NUMBER AND TITLE ONLY this 23rd day of November , 1982 CITY OF FORT COLLINS, COLORADO By ( a (CITY) Mayor (SEAL) ATTEST City C erk -25-