HomeMy WebLinkAbout027 - 04/01/1975 - AMENDING ORDINANCE NO. 009, 1975 AUTHORIZING THE ISSUANCE OF ITS SEWER REFUNDING REVENUE BONDS, SERI FA r
CERTI FIED RECORD
of proceedings of
THE CITY COUNCIL
of the
CITY OF FORT COLLINS
LARIMER COUNTY, COLORADO
AMENDING ORDINANCE NO 9, 1975 OF THE CITY
AUTHORIZING THE ISSUANCE OF ITS
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SEWER REFUNDING REVENUE BONDS , SERIES 19752
IN THE PRINCIPAL AMOUNT OF $3, 155,000
DATED MARCH 1, 1975
Ord a�� E97s
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STATE OF COLORADO
COUNTY OF LARIMER ss
CITY OF FORT COLLINS
The City Council of the City of Fort Collins , Colo-
rado met in regular session, in full conformity with law and
the ordinances and rules of the City, at the City Hall,
being the regular meeting place of the Council, on Tuesday,
the lst day of April, 1975, at 5 30 P M There were present
and answering at roll call
Mayor J W N Fead
Assistant Mayor Nancy P Gray
Councilmen Charles D Bowling
Mabel Preble
Margaret E Reeves
Jack Russell
Earl Wilkinson
Also present
City Manager Robert L Brunton
City Clerk Verna Lewis
Director of
Finance Charlie D Cain
City Attorney Arthur March, Jr
Absent
Thereupon, the following Ordinance, copies of which
were available in the office of the City Clerk at least 48
hours prior to the date of said meeting, in accordance with
the charter of said City, was considered, and read by title
only, which is as follows
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ORDINANCE NO 27, 1975
ORDINANCE AMENDING SECTIONS 9 AND 13 OF
ORDINANCE NO 9, 1975, OF THE CITY OF
FORT COLLINS , LARIMER COUNTY, COLORADO,
AUTHORIZING THE ISSUANCE OF SEWER REFUND-
ING REVENUE BONDS , SERIES 1975, IN THE
AMOUNT OF $3, 155,000, DATED MARCH 1, 1975,
BY PROVIDING FOR A CALL OF CERTAIN
REFUNDED BONDS FROM THE ESCROW, PROVIDING
FOR NOTICE OF CALL, AND DECLARING AN
EMERGENCY
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ORDINANCE NO 27 1975
ORDINANCE AMENDING SECTIONS 9 AND 13 OF
ORDINANCE NO 91 1975, OF THE CITY OF
FORT COLLINS , LARIMER COUNTY, COLORADO,
AUTHORIZING THE ISSUANCE OF SEWER REFUND-
ING REVENUE BONDS, SERIES 1975, IN THE
AMOUNT OF $3, 155,000, DATED MARCH 1, 1975,
BY PROVIDING FOR A CALL OF CERTAIN
REFUNDED BONDS FROM THE ESCROW, PROVIDING
FOR NOTICE OF CALL, AND DECLARING AN
EMERGENCY
WHEREAS, by Ordinance No 9, 1975, ("the Ordinance") ,
adopted and approved on February 4, 1975, the City of Fort
Collins, Larimer County, Colorado, authorized the issuance of
Sewer Refunding Revenue Bonds, Series 1975 in the principal
amount of $3, 155,000, for the purpose of refunding $1,640,000
Sewer Refunding and Improvement Revenue Bonds , Series June 1,
1965, Subseries 1, and $2,000,000 Sewer Improvement Revenue
Bonds, Series June 1, 1974, of the City, and
WHEREAS, Section 9 of the Ordinance provided that
bonds of the 1965 issue and the 1974 issue would all run to
maturity,
WHEREAS, it was intended that certain bonds of the
1974 issue would be called from the escrow in advance of their
maturity dates, and
WHEREAS, the Council deems it necessary and advisable
to amend Section 9 to provide for call for the 1974 issue prior
to maturity, and further to amend Section 13 to provide for notice
of such call
THEREFORE, BE IT ORDAINED By the City Council of the
City of Fort Collins
Section 1 That Section 9 of the Ordinance is hereby
amended to read as follows
Section 9 "Refunding Escrow Account The proceeds
derived from the sale of the Refunding Bonds authorized herein,
in an amount not less than $3, 155, 000, and the accrued interest
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on the bonds being refunded, shall be deposited with the
First National Bank, Fort Collins , Colorado (hereinafter
the "Bank") , in a separate fund and escrow account hereby
created and known as the "City of Fort Collins 1965 and 1974 Issues,
Sewer Refunding Revenue Escrow Account", herein designated as
the "Refunding Escrow Account" or "Escrow Account", which
account shall be at all times sufficient, together with any
interest to be derived from the investment and any temporary
reinvestment of the deposits, or any part thereof, in direct
obligations of or obligations guaranteed by the United States
of America, to pay the principal of and interest on the out-
standing 1965 and 1974 Issues to be retired, at their respec-
tive maturities, as follows
1965 Issue
All outstanding bonds of this issue, being bonds
numbered I-113 to I-440, inclusive, shall be paid and retired
at their respective maturity dates , at the office of the
Director of Finance, in Fort Collins, Colorado, according to
their original terms
1974 Issue
(a) Bonds numbered 1 to 130, inclusive, maturing in
the years 1974 to 1988, inclusive, shall be paid and retired at
their respective maturity dates according to their original terms
(b) Bonds numbered 131 to 400, inclusive, maturing
in the years 1989 to 1994, inclusive, shall be called for
redemption prior to their respective maturities at the office
of the Director of Finance, ex-officio City Treasurer, in Fort
Collins , Colorado, at par, accrued interest and a premium of
17 of principal, and shall be paid on June 1, 1989, which date
is hereby designated as ' Prior Redemption Date' for said Bonds
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Interest on the outstanding bonds of the 1965 and 1974
Issues shall be paid as the same accrues, according to the
original terms of said bonds , until said bonds mature "
Section 2 That Section 13 of the Ordinance is hereby
amended to read as follows
"On or about the date the refunding bonds are delivered,
or within a reasonable time thereafter, the Director of Finance is
authorized to publish notice of prior redemption for the 1974
Issue one (1) or more times in the newspaper customarily used by
the City for legal notices Notice shall again be published by
such newspaper before the prior redemption date of the 1974 Issue by
insertion once, not less than 30 days prior to the prior
redemption date Notice shall also be sent by registered, first
class , postage prepaid mail at least thirty (30) days prior to
the prior redemption date to Halsev, Stuart & Co , Inc , Chicago,
Illinois, the original purchaser of said bonds Said notice
shall describe said bonds to be called and paid by number, amount,
and date of the issue , the place of redemption, the date on
which the same will be redeemed, and shall state that after said
date, interest on said bonds shall cease "
Section 3 That except as herein modified, the
provision of Ordinance 9-75 shall be and remain in full force
and effect
Section 4 Severability That if any one or more
sections or parts of this Ordinance shall be adjudged unen-
forceable or invalid, such judgment shall not affect, impair,
or invalidate the remaining provisions of this Ordinance, it
being the intention that the various provisions hereof are
severable
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Section 5 By reason of the fact that a change in
position might be effected by persons relying on Ordinance
No 9-75, it is hereby declared that an emergency exists , and
that this ordinance is necessary for the immediate preserva-
tion or protection of the public health, property, or safety,
and that this ordinance shall become effective immediately It
shall be kept and recorded in Ordinance Record, authenticated
by signatures of the Mayor and City Clerk, shall be published
in the Fort Collins Coloradoan, a newspaper of the City,
published and of general circulation therein, within five (5)
days after passage, and such publication shall so be authenticated
by the signatures of the Mayor and City Clerk
INTRODUCED, PRESENTED AND FINALLY PASSED THIS 1st day
of April, 1975
( S E A L )
r �T
ATTEST
G
City Clerk
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Thereupon Councilman Russell moved that
said Ordinance be passed and adopted as read by title only
as an emergency ordinance Councilman Bowling
seconded the motion
The question being upon the passage and adoption of the
Ordinance the roll was called with the followinv result
Those voting AYE
Mayor J 17 N Fead
Councilmen Charles Bowling
Nancv p Gray
Mabel Preble
Margaret F Reeves
Jack Russell
Earl Wilkinson
Those voting NAY
The presiding officer thereupon declared that the
Mayor and at least five members of the entire Council having
voted in favor thereof the motion was carried and the Or-
dinance duly passed and adopted as an emergency ordinance
It was then ordered that said Ordinance be recorded by
the City Clerk in the Ordinance Record of the City and a
copy of said Ordinance be published in a newspaper of wide
circulation in the City
After consideration of other business to come before
the City Council the meeting was adjourned
( S E A L ) i
ATTEST
City Clerk
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STATE OF COLORADO
COUNTY OF LARIMER ss
CITY OF FORT COLLINS
I, Verna Lewis , City Clerk of the City of Fort Collins,
Colorado, do hereby certify that the foregoing pages numbered
1 to 7, inclusive, constitute a true and correct copy of the
record of the proceedings of the City Council, taken at a
regular meeting thereof, held at the City Hall in said City
on the 1st day of April, 1975, insofar as said proceedings
relate to an amending ordinance of the City which was introduced
and passed as an emergency measure, a true and correct copy of
which is set forth in full in the proceedings of the Council,
that the original ordinance has been duly authenticated by
the signatures of the Mayor and myself, as City Clerk of said
City, sealed with the seal of the City and recorded in the book
kept for that purpose in my office, which record has been duly
signed by said officers and sealed with the seal of the City
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City this -?,U-6 day of April, 1975
( S E A L ) L _ �
City Clerk
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(Attach Affidavit of Publication of Ordinance)
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NOTICE OF REFUNDING
of
CITY OF FORT COLLINS, LARIMER COUNTY, COLORADO
SEWER REFUNDING AND IMPROVEMENT REVENUE BONDS
SERIES JUNE 1, 196D, MBSERIES
SEWER IMPROVEMENT REVENUE BO'-DS , SERIES JUNE 1, 1974
PUBLIC NOTICE IS HEREBY GIVEN That sewer revenue bonds
of the City of Fort Collins, Larimer County, Colorado, in the
aggregate amount of $3,640,000, have been refunded by action
of the City Council of the City, as follows
JUNE 19 1965 ISSUE
All bonds of Subseries I of the June 1, 1965 issue,
maturing in the years 1975 to 1985, inclusive, numbered I-113
to I-440, inclusive, and the interest thereon, shall be paid at
their normal maturities, according to their original terms
JUNE 1, 1974 ISSUE
(a) Bonds numbered 1 to 130, inclusive, maturing in
the years 1974 to 1988, inclusive, shall be paid and retired at
their respective maturity dates according to their original terms
(b) Bonds numbered 131 to 400, inclusive, maturing
in the years 1989 to 1994, inclusive, shall be called for
redemption prior to their respective maturities at the office
of the Director of Finance, ex-officio City Treasurer, in Fort
Collins , Colorado, at par, accrued interest and a premium of
17 of principal, and shall be paid on June 1, 1989, which date
is hereby designated as the "Prior Redemption Date" for said Bonds
After the date so fixed for payment and redemption the
interest on said bonds numbered 131 to 400, inclusive, shall
cease
THIS NOTICE GIVEN By order of the City Council of the
City of Fort Collins , Larimer County, Colorado, as of this
1st day of April, 1975
Charlie D Cain
Director of Finance
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