HomeMy WebLinkAbout136 - 11/23/1982 - AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION WATER BONDS, DATED DECEMBER 1, 1982, IN THE AGGREGATE ORDINANCE NO 1361 1982
AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF
FORT COLLINS , COLORADO, GENERAL OBLIGATION WATER
BONDS , SERIES 1982, DATED DECEMBER 1 , 1982, IN
THE AGGREGATE PRINCIPAL AMOUNT OF $4, 1001000,
FOR THE PURPOSE OF PROVIDING IMPROVEMENTS TO THE
EXISTING WATER SYSTEM OF THE CITY, AND PROVIDING
FOR THE LEVY OF AN AD VALOREM TAX AND FOR THE
APPLICATION OF CERTAIN WATER RATES , FEES, TOLLS
AND CHARGES TO PAY THE PRINCIPAL OF AND INTEREST
ON SAID BONDS
WHEREAS , there is a need for the City of Fort Collins,
Colorado (the City) , to provide improvements (the Improvements)
to the existing water system ( the Water System) of the City in
order to supply water to the City and the inhabitants thereof,
and
WHEREAS , pursuant to Colorado Constitution art XI, sec 6 ,
and Art V, Section 20 2 of the Charter of the City, the Council
(the Council) of the City has determined, and does hereby
determine , to issue at this time its general obligation water
bonds in the aggregate principal amount of $4, 100, 000 for the
purpose of proviaing the Improvements to the Water System, in
order to supply water to the City and the inhabitants thereof,
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
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS,
COLORADO, AS FOLLOWS
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1 Award of Contract The contract for the purchase of
the Bonds is hereby awaraed to the Purchaser at the price
specified in the Purchaser ' s proposal and upon the terms set
forth in this ordinance (the Ordinance)
2 Authorization and Description of Bonds For the
purpose of providing the Improvements to the Water System, in
order to supply water to the City and the inhabitants thereof,
together with all necessary incidental and appurtenant
properties , facilities , equipment and costs, pursuant to
Colorado Constitution art XI, sec 6, and Art V. Section 20 2
of the Charter of the City, the City shall issue its negotiable
coupon General Obligation Water Bonds, Series 1982, dated
December 1 , 1982, in the aggregate principal amount of
$4 , 100, 000 ( the Bonds) , consisting of 820 bonds in the
denomination of $5,000 each, numbered 1 to 820, inclusive ,
payable to bearer The Bonds 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"
The Bonds shall mature serially in regular numerical order
on December 1 in the years and principal amounts and shall bear
per annum "A" coupon interest from December 1, 1982, to the
maturity dates of the respective Bonds , except if redeemed prior
thereto, at the rates shown in the following table Said "A"
coupon interest shall be payable June 1 , 1983, and semiannually
thereafter on the 1st day of December and the 1st day of June of
each year In addition , all Bonds shall bear supplemental per
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annum "B" coupon interest for the period from January 1, 1983 ,
to December 1, 1984 , only, at the rates shown in the following
table Saia "B" coupon interest shall be payable June 1, 1983 ,
and semiannually thereafter during saia period on the 1st day of
December and the 1st day of June of each year If upon
presentation at maturity payment of any Bond is not made as
provided herein , interest shall continue thereon at the "A"
coupon interest rate specified therein until the principal
thereof is paio in full
Per Annum
Bonds Numbered Principal Coupon Interest Rates
(both inclusive) Years Amounts "A" "B"*
1 to 10 1985 $ 50, 000 7 00% 1 50%
11 to 20 1986 50, 000 7 25% 1 50%
21 to 40 1987 100, 000 7 50% 1 50%
41 to 60 1988 100, 000 7 75% 1 50%
61 to 80 1989 100 , 000 8 00% 1 50%
81 to 100 1990 100, 000 8 25% 1 50%
101 to 125 1991 125 ,000 8 50% 1 50%
126 to 150 1992 125, 000 8 75b 1 500b
151 to 180 1993 150 , 000 9 00% 1 50%
181 to 210 1994 150, 000 9 20% 1 50%
211 to 245 1995 175,000 9 40% 1 50%
246 to 280 1996 175, 000 9 60% 1 50%
281 to 320 1997 200 , 000 9 80% 1 50%
321 to 420 1998 500, 000 9 90% 1 50%
421 to 520 1999 500 , 000 10 00% 1 50%
521 to 620 2000 500, 000 10 10% 1 50%
621 to 720 2001 500 , 000 10 15% 1 50%
721 to 820 2002 500, 000 10 20% 1 50%
* payable for the period from January 1 , 1983, to December 1,
1984 , only
3 Pavment ana Redemption of Bonds 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 First Interstate Bank of Fort Collins ,
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Fort Collins , Colorado (tne Paying Agent) , whicn is hereby
designatea the paying agent for the Bonds
The maximum net effective interest rate authorized for the
Bonds is 15%
The actual net effective interest rate for the Bonas is
9 9939%
Bonds of this issue maturing in the years 1985 through 1997
are not redeemable prior to their respective maturity dates
Bonds of this issue maturing in the year 1998 and thereafter are
redeemable prior to their respective maturity dates, at the
option of the City, on December 1, 1997, and on any interest
payment date thereafter , in inverse numberical order , at a price
equal to the principal amount of each Bond so redeemed plus
accrued interest thereon to the redemption aate
Reaemption shall be made upon not less than thirty (30)
days ' prior notice by publication of such notice at least once
in The Coloradoan , Fort Collins, Colorado, if then in business
and publishing , and if not, then in a newspaper of general
circulation in the City, and by senaing a copy of such notice by
certified or registered first-class postage prepaid mail, at
least thirty ( 30) days prior to the redemption date , to the
Purchaser and to the holders of each of the Bonds being redeemed
if the names ana aaaresses of such holders ana the numbers of
their Bonas are recorded with the City Clerk For this purpose ,
the nolder of any such Bond may at any time furnisn his name and
post office aaaress and the number or numbers of his Bona or
Bonas to the City Clerk If any Bona shall have been duly
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called for redemption and if on or before the redemption gate
there shall be deposited with the Paying Agent sufficient funds
to pay such Bond at the redemption price , then such Bona shall
become due and payable upon such redemption date, and interest
shall cease to accrue thereon after the redemption date Any
Bonds reaeemed prior to their respective maturity dates by call
for prior redemption or otherwise shall not be reissued and
shall be cancelled the same as Bonds paid at or after maturity
4 Nature of Obligation The Bonds shall be general
ooligations of the City and shall be payable from general ad
valorem taxes , except as they may actually be paid from other
revenues as provided herein
5 Execution of Bonds and Coupons The Bonds shall be
signed 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 signed and attestea with 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 Eacn of the interest coupons shall be signea with
the facsimile signature of the Mayor of the City Should any
officer wnose 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
6 Form of Bonds and Coupons Tne Bonas and the interest
coupons attached thereto shall be in substantially the following
form
(Form of Bond]
UNITED STATES OF AMERICA
STATE OF COLORADO COUNTY OF LARIMER
CITY OF FORT COLLINS
GENERAL OBLIGATION [CATER BOND
No $5, 000
The City of Fort Collins, in the County of Larimer and State
of Colorado, for value received, hereby acknowledges itself
indebted and promises to pay to the bearer hereof the principal
sum of
FIVE THOUSAND DOLLARS
in lawful money of the United States of America, on the 1st day
of December , , with interest thereon from the gate hereof to
the maturity date hereof , except if redeemeo prior thereto, as
evidenced by interest coupons designated "A" attachea hereto at
the rate of ana hundredths per centum ( %) per
annum, payable June 1, 1983, and semiannually thereafter on the
1st aay 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 , 1984 , only, 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 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 payment of this Bond is not made as
proviaed herein , interest shall continue hereon at the "A"
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coupon interest rate specifiea herein until the principal hereot
is paid in full The principal of ana interest on this Bond are
payable , without deduction for exchange or collection charges ,
at First Interstate Bank of Fort Collins, N A , Fort Collins,
Colorado, upon presentation and surrenaer of said coupons and
this Bond as they severally become due
Bonds of this issue maturing in the years 1985 through 1997
are not redeemable prior to their respective maturity dates
Bonds of this issue maturing in the year 1998 ana thereafter are
redeemable prior to their respective maturity dates, at the
option of the City, on December 1, 1997, and on any interest
payment date thereafter , in inverse numerical order , at a price
equal to the principal amount of each Bond so redeemed plus
accrued interest thereon to the redemption date
Redemption shall be made upon not less than thirty (30)
days ' prior notice by publication of such notice at least once
in The Coloradoan , Fort Collins , Colorado, if then in business
and publishing , and if not, then in a newspaper of general
circulation in the City and by senaing a copy of such notice by
certified or registered first-class postage prepaid mail at
least thirty (30) days prior to the redemption date to Boettcher
& Company, Denver , Colorado, and to the holders of each of the
Bonas being redeemed if the names ana addresses of such nolders
and the numbers of their Bonas are recoioed witn 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
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numbers of his Bond or Bonds to the City Clerk If this Bond
shall have been duly called for redemption and if on or before
the redemption date there shall be deposited with First
Interstate Bank of Fort Collins , N A , Fort Collins, Coloraao,
sufficient funds to pay this Bond at the redemption price, then
this Bond shall become aue and payable upon such redemption
date , and interest shall cease to accrue hereon after the
redemption date
This Bond is one of a series issuea by the City of Fort
Collins , Colorado, for the purpose of providing improvements to
the existing water system or the City, in order to supply water
to the City and the inhabitants thereof , together with all
necessary incidental and appurtenant properties, facilities,
equipment and costs , by virtue of and in full conformity with
the Constitution of the State of Colorado, the Charter of the
City, and all other laws of the State of Coloraao thereunto
enabling , and pursuant to an ordinance of the City duly adopted
and made a law of the City prior to the issuance of this Bond ,
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 Bona
It is further nereby recited , certified and warranted that
the total indebtedness of the City, including that of this Bond,
does not exceed any constitutional , charter or statutory
limitation of the State of Coloraao or of the City, and that
provision has been made for the levy and collection of a direct
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annual tax on all the taxable property within the City and for
the application of certain water rates, fees, tolls and charges
of the City sufficient to pay the principal of and interest on
this Bond as the same respectively become due
The full faith and credit of the City is hereby pledged for
the punctual payment of the principal of and the interest on
this Bond
Reference is hereby maae to the orainance of the City
authorizing the issuance of this Bond, and to any and all
modifications thereof and amendments thereto, for a description
of the provisions , terms and conditions upon which this Bond is
issued and secured, including , without limitation, definition of
terms urea herein , the nature ana extent of the security for
this Bond , provisions with respect to the application of the
proceeds of this Bond, the rights , duties and obligations of the
City and the members of its Council, and the rights of the
holder of this Bond
IN TESTIMONY WHEREOF, the Council of the City of Fort
Collins , Colorado, has caused this Bond 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 ana 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
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the interest coupons attached hereto to be signed with the
facsimile signature of the Mayor of the City, all as of the 1st
day of December , 1982
CIPY OF FORT COLLINS, COLORADO
By (Facsimile Signature)
Mayor
(FACS II I I LE)
( SEAL )
Attest
(Facsimile Signature)
City Clerk
Countersigned
(Manual Signature)
Finance Director
[End of Form of Bond)
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[Form of Interest Coupon]
No $
June,
On the 1st day of December , , unless the Bona to which
this coupon is attached , if redeemable , has been called for
prior redemption, the City of Fort Collins, in the County of
Larimer ana State of Colorado , will pay to bearer the amount
shown hereon in lawful money of the United States of America,
without deduction for exchange or collection charges, at First
Interstate Bank of Fort Collins, N A , Fort Collins, Colorado,
being interest then due on its General Obligation Water Bond ,
Series 1982, dated December 1, 1982, bearing
No
(Facsimile Signature)
Mayor
City of Fort Collins, Colorado
[End of Form of Interest Coupon]
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I
7 Disposition of Bonds and Proceeds The Bonds , when
executed as provided herein, shall be delivered by any one of
the officers of the City to the Purchaser upon receipt of full
payment therefor in accordance with the contract of purchase
therefor
Upon receipt of the proceeds of the Bonds the City shall
deposit in the Water Fund of the City (the Water Fund) interest
accrued on the Bonds from the date thereof to the delivery date
thereof Said sum shall be held in the water Fund and applied
to the payment of interest first due on the Bonds
The original proceeds of the Bonds , exclusive of accrued
interest, shall be deposited in the Capital ProDects Fund of the
City and used for the purposes stated herein and for no other
purposes, provided, however , that any portion of the bond
proceeds may be temporarily invested pending such use , with such
temporary investment to be made consistent with the covenant
hereinafter made concerning arbitrage bonds
Neither the Purchaser nor the holder of any of the Bonds
shall be in any way responsible for the application of the
proceeds of the Bonds by the City or any of its officers
8 Ad Valorem Taxes If required , the interest to become
due on the Bonds in 1983 shall be advanced from any revenues or
funds of the City lawfully available therefor For the purpose
of reimbursing any such advance and also for the purpose of
paying the interest on and principal of the Bonds as the same
become due and payable the Council shall annually fix and
certify a rate of levy for ad valorem taxes to the Board of
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County Commissioners of Larimer County, Colorado, which taxes ,
in addition to all other such taxes, when levied on all of the
taxable property in the City, in each of the years 1983 to 2001,
inclusive, will raise ad valorem tax revenues sufficient to make
such reimbursement and to meet promptly and make such Bond
principal and interest payments as the same become due In the
event any of saia levies shall fail to produce an amount
sufficient to pay the interest on and the principal of the Bonds
becoming due in the next succeeding year , the deficit shall be
made up in the next levy, ana taxes shall continue to be levied
until the Bonds and the interest thereon shall be paid in full
All such taxes, when collected, shall be deposited in the Water
Fund
9 Water Revenues By Ordinance No 64 , 1974, and
Ordinance No 109 , 1977 , respectively , the Council has
authorized the issuance by the City of its General Obligation
Water Refunding Bonds , Series 1974 , dated December 1 , 1974 , in
the original aggregate principal amount of $1 , 935, 000, and its
General Obligation Water Bonds , Series 1977 , dated October 1,
1977, in the original aggregate principal amount of $51000, 000
(collectively, the Prior Bonds) In addition to the provision
for a tax levy for the payment of the Prior Bonds, said
Ordinances provide for a pledge of the net revenues of the Water
System for the payment of the principal of and interest on the
Prior Bonds Similarly , the City hereby irrevocably pledges to
pay the principal of and the interest on the Bonds from the net
revenues of the Water System The City hereby reserves the
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right to secure , without restriction , any water bonds and water
refunding bonds of the City hereafter issued equally and ratably
with the Prior Bonds and the Bonds The City also hereby
commits itself to fix and annually to maintain rates , fees,
tolls , and charges for water and services furnished by the Water
System which , together with moneys on hand and available
therefor , will be sufficient to pay operation and maintenance
expenses of the water System and the principal of and interest
on all bonds and other obligations of the City pertaining to the
Water System, as they respectively become due, and for the other
payments required by Art IX, Section 6 of the Charter of the
City All sucn water revenues , when collected, shall be
deposited in the Water Fund
The term "net revenues" as used herein refers to the gross
revenues of the Water System after the payment of operation and
maintenance expenses The term "operation and maintenance
expenses" as used herein means all current reasonable and
necessary expenses of operating , maintaining and repairing the
Water System, but does not include any allowance for
depreciation or capital replacements and improvements
The term "eater System" as used herein includes not only the
property comprising the Water System of the City at the present
time , but all aaditions and betterments thereto and improvements
and eytensions thereto which may hereafter be acquired ,
constructed or installed by the City
10 Payment of Principal and Interest From any moneys on
deposit in the ;rater Fund or , if required , from any other
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unrestricted fund of the City , the City shall pay each
installment of interest on and principal of the Bonds and any
other obligations issued and payable from the Water Fund until
the Bonds , both principal and interest, shall be fully paia,
satisfied and discharged Nothing herein contained shall be so
construed as to prevent the City from committing and applying
any other funds or revenues that may now or hereafter be in the
possession of the City and legally available for the purpose of
payment of the interest on or the principal of the Bonds
11 Arbitrage Covenant 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 Bonas 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 by
the United States Treasury Department, unless , under any
provision of law hereafter enacted, the interest paid on the
Bonds (a) 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 (b) shall be
exempt from all feaeral income taxation
12 Other Covenants The City additionally covenants that
so long as any of the Bonos remain outstanding and unpaid
(a) It will continue to operate and manage the Water
System in an efficient and economical manner and keep and
maintain separate accounts of the receipts and disbursements
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tnereof in such manner that the revenues thereof may at all
times be reaaily and accurately determined
(b) It will not sell or alienate any of the property
constituting all or any part of the Water System in any manner
or to any extent as might reduce the security provided for the
payment of the Bonds, but the City may sell any portion of such
property which shall have been replaced by other similar
property of at least equal value or which shall cease to be
necessary for the efficient operation of the Water System
(c) The rates, fees, tolls and charges for all
services rendered by the Water System to the City and to its
inhabitants and to all consumers within or witnout the
boundaries of the City shall be reasonable and Dust , taking into
account and consideration the cost and value of the Water System
and the proper and necessary allowance for the depreciation
thereof and the amounts necessary for the retirement of all
bonds and other securities or obligations payable from the
revenues of the Water System and the interest thereon
(d) There shall be charged against all purchasers of
service such rates, fees, tolls, and charges as shall be
adequate to meet the requirements of this Ordinance
(e) The City shall cause all rates, fees, tolls and
charges appertaining to the Water System to be collected as soon
as reasonable, shall prescribe and enforce rules and regulations
for the payment thereof ana for the connection with and the
disconnection from properties of the Water System, and shall
provide methods of collection and penalties , including but not
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limitea to denial of service for non-payment of such rates,
fees, tolls and charges to the end that net revenues of the
Water System shall be adequate to meet the requirements hereof
(f) At regular periods each year it will render bills
for water services furnished Until paid , all water rates ,
fees , tolls and charges shall constitute a lien on the property
servea, and th City shall take whatever action is legally
permissible promptly to enforce and collect delinquent water
rates , fees, tolls and charges and to enforce said liens
(g) At least once each year it will furnish the
Purcnaser with a complete statement of the receipts and
disbursements of and for the Water System for the fiscal year
immediately preceding such statement
(h) It will carry workmen' s compensation, public
liability and other forms of insurance on insurable Water System
property in sucn amounts as is customarily carried on pruaently
operated systems of like character
13 Approoriation of Sums The sums hereinbefore provided
to pay the interest on the Bonds and to discharge the principal
thereof , when due, are hereby appropriated for that purpose, and
saia amounts for each year shall be included in the annual
buaget and the appropriations ordinance, resolution, or measures
to be adopted or passed by the Council in each year ,
respectively, while any of the Bonds , either as to principal or
interest, are outstanding and unpaid
It shall be the auty of the Council annually at the time and
in the manner provided by law for levying other City taxes , if
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such action shall be necessary to effectuate the provisions of
this Orainance, to ratify and carry out the provisions hereof
with reference to the levy and collection of the ad valorem tax
and the imposition, administration, enforcement and collection
of the water rates, fees , tolls and charges , all as herein
specified , and to require the officers of the City to levy,
extend and collect said ad valorem tax in the manner provided by
law and to impose, administer , enforce and collect said water
rates, fees, tolls and charges for the purpose of providing
funds for the payment of the operation and maintenance expenses
of the water System and the payment of the principal of the
Bonas ana the interest accruing thereon promptly as the same,
respectively , become due
14 Defeasance When all of the principal of, the interest
on, and any premium due in connection with the redemption of the
Bonas have been duly paid, all obligations hereunder shall
thereby be discharged and the Bonds shall no longer be deemed to
be outstanding There shall be deemed to be such due payment
when the City has placed in escrow or in trust with a trust bank
located within or without the State of Colorado, moneys or
bills , certificates of indebtedness , notes , bonds or similar
securities which are direct obligations of, or the principal and
interest of which obligations are unconditionally guaranteed by,
the United States of America (Feaeral Securities) in an amount
sufficient ( including the known minimum yield available for such
purpose from Federal Securities in which such amount may wholly
or in part be initially invested) to meet all payment
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requirements of the Bonds , as the same become due to the final
maturities of the Bonds or upon any redemption date as of which
the City shall have exercised or shall have obligated itself to
exercise its prior redemption option by a call of Bonds for
payment then The Federal Securities shall become due prior to
the respective times at which the proceeds thereof shall be
neeaed , 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
suo7ect to redemption at the option of the holder thereof to
assure such availability as so needed to meet such schedule
15 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 and the holders from time to time of
the Bonds and any coupons thereunto pertaining , 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 shall be for the sole and exclusive benefit
of the City and any holder of any Bonds and any coupons
thereunto pertaining
No recourse shall be had for the payment of the principal of
and interest on the Bonds or for any claim based thereon or
otherwise upon this Ordinance , or any other instrument
pertaining hereto , against any individual member of the Council
or any officer or other agent of the City, past, present or
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future , either airectly 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 Bonds ana as a part of the consideration of their
issuance specially waived ana released
16 Ratification All action not inconsistent with the
provisions of tnis Ordinance heretofore taken by the City or its
officers and otnerwise by the City directed toward providing the
Improvements to the Water System and the issuance and delivery
of the Bonds is hereby ratified , approved and confirmed
17 Facsimile Signatures 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 shall forthwith, and in any event prior
to the time the Bonds are delivered to the Purchaser, file with
the Colorado Secretary of State their manual signatures
certified by them under oath
18 Authorized Action The officers of the City are nereby
autnorized and directed to enter into such agreements and take
all action necessary or appropriate to effectuate the provisions
of tnis 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 such Bonds of a copy of the approving legal
opinion of Ballard , Spahr , Andrews & Ingersoll , bond
counsel, duly certified by the City Clerk,
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b The preparation of a bond offering brochure,
official statement, or offering circular , if any such is to
be prepared , for the use of prospective purchasers of the
Bonds, incluaing the Purchaser and its associates if any,
c The execution of such certificates as may
reasonably be required by the Purchaser relating to the
signing of the Bonds , the tenure and identity of the City
officials, the assessed valuation and indebteaness of the
City, if in accordance with the facts the absence of
litigation, pending or threatened, affecting the valiaity of
the Bonds , and receipt of the bond purchase price and of the
Bonas,
d The making of various statements, recitals,
certifications 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 accrue and the principal of the Bonds at maturity
or upon prior redemption without further warrant or order
19 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
20 Ordinance Irrepealable This Ordinance is , and shall
constitute, a legislative measure of the City, and after the
Bonds are issued and outstanding , this Ordinance shall
constitute a contract between the City and the holder or holders
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of the Bonds , and shall be and remain irrepealable until the
Bonds and the interest accruing thereon shall have been fully
paid , satisfied and discharged
21 Severability If any paragraph, clause or provision of
this Ordinance is 3udicially ad3udged invalid or unenforceable ,
such ]udgment 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) Mayor
(SEAL)
ATTEST
14U4 h st�"
City Clerk
The foregoing Ordinance will be presented for final passage
at the continuation of the Council ' s aa3ourned regular meeting
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
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READ, FINALLY PASSED ON SECOND READING, AND ORDERED
PUBLISHLD ONCE BY NUMBER AND TITLE ONLY this 23rd day of
November , 1982
CITY OF FORT COLLINS, COLORADO
By
(JzLn��—
(CITY) Mayor
(SEAL)
ATTEST
City C1erK
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