HomeMy WebLinkAbout004 - 01/21/1986 - PROVIDING FOR THE ISSUANCE OF SPECIAL ASSESSMENT BONDS FOR THE CITY'S HEART SPECIAL IMPROVEMENT DIST ORDINANCE NO. 4, 1986
AN ORDINANCE CONCERNING THE CITY OF FORT COLLINS,
COLORADO, HEART SPECIAL IMPROVEMENT DISTRICT NO. 84;
RATIFYING ACTION HERETOFORE TAKEN IN CONNECTION
THEREWITH; PROVIDING FOR THE COLLECTION OF SPECIAL
ASSESSMENTS TO BE LEVIED TO DEFRAY THE COSTS OF
IMPROVEMENTS THEREIN; PROVIDING FOR THE ISSUANCE OF
SPECIAL ASSESSMENT BONDS PAYABLE FROM THE ASSESSMENTS
TO BE LEVIED IN SAID DISTRICT; PRESCRIBING DETAILS IN
CONNECTION WITH SAID ASSESSMENTS, BONDS AND DISTRICT,
INCLUDING THE MANNER OF ADDITIONALLY SECURING AND
EFFECTING THE PAYMENT OF SAID BONDS; PRESCRIBING DUTIES
OF CERTAIN PUBLIC OFFICIALS IN CONNECTION WITH SAID
ASSESSMENTS, BONDS AND DISTRICT; REPEALING . ALL
ORDINANCES AND OTHER ACTION OF THE CITY TO THE EXTENT
INCONSISTENT HEREWITH; AND PROVIDING OTHER MATTERS
RELATING THERETO.
. WHEREAS, the City of Fort Collins ( the "City" ) , in the
County of Larimer and State of Colorado ( the "State" ) , is a
political subdivision of the State, a body corporate and politic,
and a municipal corporation duly organized and existing as a
home-rule city under Article XX of the State Constitution and the
Charter of the City ( the "Charter" ) ; and
WHEREAS, the City Council ( the "Council" ) of the City,
pursuant to the Charter and Chapter 16 of the Code of the City of
Fort Collins ( the "Code" ) relating to local public improvements
and the financing thereof, has established by Ordinance No. 129 ,
1984 passed on first reading on September 4, 1984 and on second
reading on October 30 , 1984 ( the "Ordinance Creating the
District" ) , within the corporate limits of the City, a local
improvement district known and designated as the City of Fort
Collins, Colorado, Heart Special Improvement District No. 84 (the
"District" ) , for the purpose of making certain local street ,
water , sanitary sewer, storm drainage and irrigation ditch
improvements and assessing the cost thereof to the property
benefited thereby; and
WHEREAS, pursuant to the Code and the Ordinance
Creating the District, the City Manager has entered into an
agreement with all the property owners in the District ( the
"Owners" ) setting forth the respective rights and
responsibilities of the parties in the formation of the District
and construction, installation and acquisition of the
improvements in the District; and
WHEREAS, pursuant to the Code and the Ordinance
Creating the District, upon completion and acceptance of the
improvements in the District and determination of the final cost
thereof, the Director of Finance will prepare an assessment roll
for the District and after a notice thereof and a hearing
thereupon, assessments shall be levied by ordinance; and
WHEREAS, the City and the officers thereof desire to
sell the special assessment bonds of the District in the
principal amount of $1 , 300 , 000 ( the "Bonds" ) ; and
WHEREAS, the City has received a commitment from the
First Interstate Bank of Fort Collins, N.A. , Fort Collins,
Colorado ( the "initial purchaser" ) , to purchase such Bonds for
980 of the principal amount thereof, plus accrued interest to the
date of delivery; and
WHEREAS, the City and its officers have determined, and
do hereby determine, with the approval of the Council , that it is
necessary and for the best interests of the City and the District
and the inhabitants thereof that, pursuant to the Charter and the
Code, the City issue and sell the Bonds of "City of Fort Collins,
Colorado, Heart Special Improvement District No. 84 , Series 1986"
in the aggregate principal amount of $1, 300, 000 to the initial
purchaser for 980 of the principal amount thereof plus accrued
interest , for the purposes of paying the cost of said local
improvements , including all proper incidental expenses ; and
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WHEREAS, the Council has further determined, and does
hereby declare, that the payment of the interest on and the
principal of said Bonds shall be additionally secured as provided
by this ordinance pursuant to Article V. Section 20 . 6 of the
Charter ; and
WHEREAS, all such Bonds are herein authorized to be,
and they shall be, issued upon approval by the Council; and
WHEREAS, due to the foregoing provisions and for other
good and sufficient reasons , the Council has determined, and does
hereby declare, that it is necessary and for the best interests
of the City and the District and the inhabitants thereof that
this ordinance be adopted and, pursuant to Article II , Section 7
of the Charter , the Council hereby deems it appropriate that said
ordinance be published by title.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF FORT COLLINS:
Section 1 . All action ( not inconsistent with the
provisions of this ordinance) heretofore taken by the City, the
Council and the officers of the City, directed toward the
creation of the District , the acquisition, construction and
installation of the public improvements therein, the sale and
issuance of its public local improvement special assessment Bonds
and the levy of assessments for that purpose, be, and the same
hereby is, ratified, approved and confirmed.
Section 2 . The City be, and it hereby is , authorized,
empowered and directed, and it shall be its duty, to receive,
collect and enforce the payment of all assessments to be made and
levied for said local improvements, and all installments thereof,
all interest thereon, and all penalties accrued, in the same
manner and at the same time or times as pres<;ribed by the Code,
by the Ordinance Creating the District and by this ordinance, and
to pay and disburse said payments , the installments thereof, the
interest thereon, and penalties thereto, to any person or persons
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lawfully entitled thereto, subject however to the appointment of
any successor paying agent to disburse said payments as herein
provided.
Section 3 . Subject to Section 16-25 of the Code
concerning the certification and delivery of the assessment roll
to the County Treasurer of Larimer County for collection of
assessments to be paid in installments, the Director of Finance .
be, and he hereby is, authorized, empowered and directed, . and it
shall be his duty, to receive and collect , at the time and in the
manner specified in the Code, the Ordinance Creating the District
and this ordinance , all assessments, the installments thereof ,
the interest thereon, and the penalties accrued, to be levied to
defray all of the total cost of the designated local improvements
in the District and to pay and disburse such payments to the
person or persons lawfully entitled to receive the same ( subject
to Section 6 hereof) , in accordance with the laws of the State,
with the Charter , and with all the ordinances and resolutions of
said City heretofore or to be hereafter adopted, including but
not limited to the Code, the Ordinance Creating the District , and
this ordinance. All moneys received from such assessments ,
except as provided in Section 5 hereof , shall be placed in a
separate fund to be designated "City of Fort Collins , Colorado,
Heart Special Improvement District No. 84 , Special Assessment
Bonds , Series 1986 , Interest and Bond Retirement Fund" ( the "Bond
Fund" ) , and said moneys shall be used for the purpose of paying
the principal of and interest on the Bonds and for no other
purpose whatsoever , and as security for such payment said fund is
;:ereby exclusively pledged.
Section 4 . The Director of Finance shall be, and he
also hereby is , authorized, empowered an directed, and it shall
be his duty, to receive surplus local improvement district moneys
pursuant to Article V. Section 20 . 6 (b) of the Charter , and to
place all said moneys in a surplus and deficiency fund heretofore
or hereafter established pursuant thereto ( the "Surplus Fund and
Deficiency Fund" ) and to disburse therefrom said moneys for the
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payment of the principal of and interest on the City ' s local
improvement or special assessment bonds, including the Bonds
herein authorized, to the extent necessary. The Bonds herein
authorized, together with bonds of other special or local
improvement districts within the City, are and shall continue to
be additionally secured and their payment shall be supplemented
by the Surplus and Deficiency Fund, which consists of moneys
remaining to the credit of special or local improvement districts
the bonds of which have been paid in full, both principal and
interest; and whenever there is as deficiency in the Bond Fund to
meet the payment of outstanding Bonds herein authorized and
interest due thereon, as the same become due, the deficiency
shall be paid out of the Surplus and Deficiency Fund.
Section 5 . Whenever three-fourths ( 3/4 ) of the Bonds
authorized herein to be issued for the District have been paid
and cancelled and for any reason the remaining assessments are
not paid in time to redeem the remaining Bonds of the District ,
and there is not sufficient money in the Surplus and Deficiency
Fund, the Director of Finance shall be, and he hereby is ,
authorized, empowered and directed and it shall be his duty, to
pay on the City ' s behalf the remaining Bonds and the interest
thereon when due. The City shall levy additional ad valorem
taxes necessary therefor and reimburse itself by collecting the
unpaid assessments due the District .
Section 6 . For the purpose of defraying the entire
cost and expense of making said improvements, including all such
proper incidental expenses, there shall be issued in the name of
the City, fully registered (i .e. , registered as to both principal
and interest, in compliance with § 103 ( j ) of the Internal Revenue
Code of 1954, as amended, and the regulations of the Secretary of
the Treasury thereunder ) , spe--ial assessment bonds designated
"City of Fort Collins , Colorado, Heart Special Improvement
District No. 84, Special Assessment Bonds, Series 1986" in the
aggregate principal amount of $1,,300 ,000, consisting of ten
Bonds, in the denomination of $130 , 000 each, dated as of the
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first day of February, 1986, being payable to the registered
owner thereof on the first day of February, 1996, and bearing
interest from date until maturity, payable semiannually on the
first day of February and August in each year, commencing on the
first day of August, 1986, and the Bonds being in the principal
amounts and bearing interest at the rates hereinbelow designated
as follows:
Interest Rates
Principal Amounts (Per Annum)
$130,000 7 . 25%
$130 , 000 7 .75
$130 ,000 8. 05
$130 , 000 8 . 35
$130 , 000 8. 60
$130 ,000 8 .80
$130 ,000 9 . 00
$130 , 000 9 . 20
$130 ,000 9 . 35
$130 , 000 9 . 50
both principal and interest being payable in lawful money of the
United States of America. The principal of any Bond shall be
payable to the registered owner as shown on the registration
books kept by the City Clerk of the City of Fort Collins in Fort
Collins, Colorado, as registrar or her successor ( the
"Registrar" ) , upon maturity or prior redemption thereof and upon
presentation and surrender at the office of the Director of
Finance of the City of Fort Collins in Fort Collins , Colorado, as
paying agent or his successor ( the "Paying Agent" ) . Payment of
interest on any Bond shall be paid by check or draft mailed by
the Paying Agent , on or before each interest payment date (or , if
such interest payment date is not a business day, on or before
the next succeeding business day) , to the person in whose name
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the Bonds are registered at the close of business fifteen days
prior to each regularly scheduled interest payment date ( the
"Record Date" ) at his address as it last appears on the
registration books kept by the Registrar ; but any interest not so
timely paid or duly provided for shall cease to be payable to the
person who is the registered owner at the close of business on
the Record Date and shall be payable to the person who is the
registered owner thereof at the close of business on a special
record date ( the "Special Record Date" ) for the payment of such
defaulted interest . Such Special Record Date shall be fixed by
the Paying Agent whenever moneys become available for payment of
the defaulted interest and notice of the Special Record Date
shall be given to the registered owners of the Bonds not less
than ten days prior thereto by first-class mail to each such
registered owner as shown on the Registrar ' s registration books
on a date selected by the Registrar , stating the date of the
Special Record Date and the date fixed for the payment of such
defaulted interest. If, upon • presentation of any Bond at
maturity, payment is not made as therein provided, interest
thereon shall continue at the same rate per annum until the
principal thereof is paid in full .
If the Registrar or Paying Agent initially appointed
hereunder shall resign, or if the City shall reasonably determine
that said Registrar or Paying. Agent has become incapable of
fulfilling his or her duties hereunder , the City may, upon notice
mailed to each registered owner of Bonds at the address last
shown on the registration books, appoint a successor Registrar or
Paying Agent, or both. Every such successor Registrar or Paying
Agent shall be a bank or trust company located in and in good
standing in the State of Colorado and having a capital and
surplus of not less than $5 , 000 , 000 . It shall not be required
that the same institution serve as both Registrar and Paying
Agent hereunder , but the City shall have the right to have the
same institution serve as both Registrar and Paying Agent
hereunder .
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The proceeds of the Bonds, other than amounts to be
used to pay interest on the Bonds through January 31, 1987 and
amounts received as accrued interest on the Bonds, which shall be
deposited in the Bond Fund, shall be deposited in the account to
be established for the District in the City' s Capital Projects
Fund ( the "Capital Projects Fund" ) , and shall be used to pay the
cost , and expense of making said improvements in the District,
including all such proper incidental costs .
Section 7 . All of the Bonds shall be subject to
prepayment prior to maturity in ascending interest rate order ,
and at any time, subject to the provisions of the following
sentence, from available funds in the Bond Fund at the option of
the City, at a price equal to the principal amount thereof with
accrued interest to the redemption date. Within thirteen months
of receipt of moneys initially deposited in the Bond Fund (other
than from Bond proceeds) it shall be the duty of the Director of
Finance to call in, and the duty of the Paying Agent to pay, a
suitable number of any Bonds outstanding, provided that the Bond
Fund (except 'for amounts initially deposited therein from Bond
proceeds) shall be depleted at least once a year except for a
reasonable carryover amount not to exceed the greater of one
year ' s earnings on the Bond Fund or one-twelfth of annual debt
service on the Bonds. Notice of prior redemption shall be given
by the Director of Finance in the name of the City by mailing
copy of such notice by registered mail at least forty-five days
and not more than sixty days prior to the designated redemption
date to the initial purchaser and to each registered owner of any
Bonds designated for redemption, at their addresses as the same
shall last appear upon the registration books kept by the
registrar . Such notice shall specify the number or numbers of
the Bonds to be so redeemed and the date fixed for redemption,
and shall further state that on such date there will become and
be due and payable upon each Bond so called at the Paying Agent
the principal amount thereof with accrued interest to the
redemption date, and that from and after such date interest shall
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cease. Notice having been given in the manner hereinabove
provided, the Bond or Bonds so called shall become due and
payable on the date so designated, and upon presentation thereof
at the Paying Agent, the City will pay the Bond or Bonds so
called. If less than all of a Bond is prepaid, the prepayments
shall be noted on the prepayment panel as provided in Section 13 .
Section 8. The Bonds herein authorized to be issued
may be refunded in accordance with and under the conditions
imposed by the laws of the State and the City in force at the
effective date of this ordinance and not otherwise.
Section 9 . The person in whose name a Bond shall be
registered on the registration books kept by the Registrar shall
be deemed and regarded as the absolute owner thereof for all
purposes and payment of principal of and interest on any Bond
shall be made only to or upon the written order of the registered
owner thereof or his legal representative. A Bond shall be fully
transferable by the registered owner thereof in person or by his
duly authorized attorney on the registration books kept at the
office of the Registrar upon presentation o•f the• Bond together
with a duly executed written instrument of transfer satisfactory
to the Registrar . Such transfer shall be noted on such
registration books and on the Bond. Such transfer shall be
without charge to the owner of the Bond, except that the
Registrar may require the payment by the owner of the Bond of any
tax or other governmental charge required to be paid with respect
to such transfer . The Registrar shall not be required to
transfer any Bond during the period of fifteen days next
preceding any interest payment date, nor to transfer any Bond
after the publication of mailing of notice calling such Bond for
redemption as herein provided, nor during the period of fifteen
Jays next preceding such publication or mailing of notice of
redemption, except the unredeemed portion of Bonds being redeemed
in part .
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Section 10 . The Bonds shall be executed in the name of
the City, shall be signed by the manual or facsimile signature of
the Mayor, shall be countersigned by the manual or facsimile
signature of the Director of Finance, shall bear the seal of the
City or a facsimile thereof and shall be attested and subscribed
by the manual or facsimile signature of the City Clerk . The
Mayor , Director of Finance and City Clerk, by the execution of a
signature certificate relating to the Bonds, shall adopt as and
for their respective signatures the facsimiles thereof appearing
on the Bonds ' and shall thereby execute them. The Bonds bearing
the facsimile signatures of the officers in office at the time of
the authorization thereof shall be the valid and binding
obligations of the City, notwithstanding that before the delivery
thereof and payment therefor any or all of the persons whose
facsimile signatures appear thereon shall have ceased to fill
their respective offices . The Mayor, Director of Finance and
City Clerk, at the time of the execution of a signature
certificate relating to the Bonds by each of said officers , may
each adopt as and for his or her own facsimile signature the
facsimile signature of his or her predecessor in office in the
event that such facsimile signature appears on any of the Bonds .
The City Clerk shall preserve a record of the Bonds in a suitable
book provided and kept for that purpose in her office.
No Bond shall be valid or obligatory for any purposes
unless the Registrar has duly executed the provision of
registration thereon. The provision for registration shall be
deemed to have been duly executed by the Registrar if manually
signed by the Registrar or , in the case of any successor
registrar , an authorized officer of the successor registrar , but
it shall not be necessary that the same officer sign the
provision for registration on all of the Bonds issued hereunder
nor upon all transfers of any one Bond. In the event that the
spaces in the provision for registration are insufficient to
reflect all transfers of a Bond, the Registrar may, upon
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surrender of such Bond, replace the same with a new registered
Bond bearing the same number . The Registrar shall cancel the
Bond surrendered but shall preserve a record thereof .
If any Bond shall be lost, stolen, destroyed or
mutilated, the Registrar shall, in accordance with Ordinance
No. 80-1984, and upon receipt of ( i ) such evidence or information
relating thereto, ( ii ) a surety bond in the total amount of
principal and interest and ( iii ) such reimbursement for expenses
as the Registrar may reasonably require, register and deliver to
the registered owner thereof a replacement for such Bond . bearing
the same number as the Bond so replaced. If such lost, stolen,
destroyed or mutilated Bond shall have matured, the registrar may
direct the Paying Agent to pay such Bond in lieu of replacement .
Section 11 . Except as herein stated, the Bonds
authorized by this ordinance and the interest thereon shall be
payable solely from the Bond Fund, consisting only of moneys
collected (principal, interest and penalties, if any) from the
assessments to be levied to pay for the improvements;_ provided
that any proceeds from the sale of the Bonds remaining in the
account for the District in the City ' s Capital Projects Fund
after the payment or reimbursement to the City of all the costs
and expenses of making the improvements shall be deposited in the
Bond Fund and used for Bond redemption. Any assessments in the
Bond Fund remaining after the Bonds, both principal and interest ,
are paid in full, shall be deposited in the Surplus and
Deficiency Fund referred to in Section 4 hereof . Immediately
upon the collection of any assessments, the moneys therefrom
shall be deposited in the Bond Fund; and the Bond Fund is and
will continue to be irrevocably and exclusively pledged for the
payment of the principal of and the interest on the Bonds. The
City, as well as redeeming the Bonds with any such surplus Bond
proceeds and with assessments collected during the thirty days
after the publication of the assessment ordinance following its
final passage, shall redeem the Bonds as herein provided from the
remaining assessments payable in ten substantially equal annual
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installments of principal, and from annual payments of interest
thereon, to the extent moneys are available therefor in the Bond
Fund as herein provided.
The City hereby covenants for the benefit of each owner
of the Bonds that the total cost of the improvements in the
District shall be apportioned, levied and assessed against
assessable tracts and parcels of land in the District, in
accordance with the Charter and the Code, by ordinance to be
hereafter adopted upon completion of the improvements in the
District .
Section 12 . The. Bonds issued pursuant to this
ordinance shall not be a debt of the City, and the City shall not
be liable thereon, nor shall it thereby pledge its full faith and
credit for their payment, nor shall the Bonds be payable out of
any funds other than the special assessments, and other moneys
pledged to the payment thereof, as herein authorized. Each Bond
issued under this ordinance shall recite in substance that said
Bond and the interest thereon are payable solely form the special
assessments and other moneys pledged to the payment thereof. The
payment )of Bonds is not secured by an encumbrance, mortgage or
other pledge of property of the City except for such special
assessments and other moneys pledged for the payment of Bonds .
No property of the City, subject to said exceptions , shall be
liable to be forfeited or taken in payments of the Bonds .
Section 13 . The Bonds shall be in substantially the
following form, with such omissions, insertions, endorsements and
variations as to any recitals of fact or other provisions as may
may be required by the circumstances, be required or permitted by
this ordinance, or be consistent with this ordinance and
necessary or appropriate to conform to the rules and requirements
of any governmental authority or any usage or requirement of law
with respect thereto.
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(Form of Bond)
UNITED STATES OF AMERICA
STATE OF COLORADO COUNTY OF LARIMER
CITY OF FORT COLLINS, COLORADO
HEART SPECIAL IMPROVEMENT DISTRICT NO. 84
SPECIAL ASSESSMENT BOND
SERIES 1986
No. R- $130 , 000
Interest Rate Maturity Date Dated As Of
February 1, 19_ February 1, 1986
The City of Fort Collins ( the "City" ) , in the County of
Larimer and State of Colorado, a municipal corporation duly
organized and existing, for value received, hereby promises, out
of special funds available for the purpose, as hereinbelow set
forth, to pay to the registered owner hereof, as hereinbelow
provided, the principal sum of
ONE HUNDRED AND THIRTY THOUSAND DOLLARS
on the first day of February 1996 , with interest hereon at the
interest rate per annum specified above, such interest being
payable commencing on the first day of August 1986 , and
semiannually thereafter on the first day of August and February
in 'each year . Both principal and interest are payable in lawful
money of the United States of America. The principal of this
bond shall be payable to the registered owner hereof as shown on
the registration books kept for that purpose at the office of the
City Clerk of the City, in Fort Collins, Colorado, as registrar ,
or her successor ( the "registrar" ) , upon- maturity a,:d
presentation and surrender of this bond at the office of the
Director of Finance of the City, in Fort Collins, Colorado, as
paying agent , or his successor ( thee "paying agent" ) under the
ordinance of the City ( the "Bond Ordinance" ) authorizing this
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Bond and the series of which it is one. The interest hereon
shall be paid to the registered owner hereof by check or draft
mailed by the paying agent, on or before each interest payment
date (or , if such interest payment date is not a business day, on
or before the next succeeding business day) , to such registered
owner at his address as it last appears on the registration books
kept for that purpose by the registrar at the close of business
on the fifteenth day of the calendar month next preceding such
interest payment date, but any interest payments in default shall
be payable as provided in the Bond Ordinance. If, upon
presentation at maturity, payment of this bond is not made as
herein provided, interest hereon shall continue at the same rate
per annum until the principal hereof is paid in full .
This bond is one of a series subject to prepayment in
ascending interest rate order, by the City, at its option at any .
time, at a price equal to the principal amount thereof with
accrued interest to the redemption date. Redemption shall be
made upon giving prior notice by mailing a copy of such notice to
the registered owner of each bond to be redeemed at the address
shown on the registration books not less than forty-five days nor
more than sixty days prior to the redemption date in the manner
and upon the conditions provided in the Bond Ordinance . If a
portion of the principal of this bond is called for prepayment,
no payment of the principal of, interest on or prior redemption
premium due in connection with this bond due on and after the
prepayment date shall be made unless this bond is presented to
the Paying Agent and notation of the installments of principal so
called for prepayment is made on the reverse side hereof.
This bond is one of a series of negotiable, special
assessment bonds issued by the City of Fort Collins and payable
in ascending interest rate order and by lot in denominations of
$5, 000 within any interest rate, and which are in the aggregate
principal amount of $1, 300 ,000 . Said bond series is issued in
payment for local improvements made and to be- made in the
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CITY OF FORT COLLINS, COLORADO
HEART SPECIAL IMPROVEMENT DISTRICT NO. 84
( the "District" ) pursuant to and in accordance with the Charter
of the City, with Chapter 16 of the Code of the City, and in
accordance with the ordinance creating the District and all laws
and proceedings thereunto enabling.
Pursuant to the Bond Ordinance, reference to which is
made for further details, the principal of and the interest on
the bonds of the series of which this is one, except as
hereinbelow stated, shall be payable solely from a special fund
designated "City of Fort Collins , Colorado, Heart Special
Improvement District No. 84, Special Assessment Bonds, Series
1986 , Interest and Bond Retirement Fund" ( the "Bond Fund" )
consisting only of moneys collected by the City from the special
assessments (principal, interest. and penalties, if any) to be
levied against all the assessable tracts and parcels of land in
the District ; provided that any proceeds from the sale of the
bonds remaining after the payment of all the costs and expenses
of making the local improvements shall be deposited in the Bond
Fund and shall be used for bond redemption. The Bond Fund is
irrevocably and exclusively pledged for the full and prompt
payment of all the bonds to the extent moneys therein are
available therefor , as provided in the Bond Ordinance.
The bonds, together with similar securities of other
special or local improvement districts in the City, shall be
additionally secured and their payment shall be supplemented by
moneys , if any, in the City ' s Local Improvement District Surplus
and Deficiency Fund ( the "Surplus and Deficiency Fund" ) .
Whenever there is a deficiency in the Bond Fund to meet the
payment of outstanding bonds , principal and interest , as the same
become due, the deficiency shall be made up fron_ the• Surplus and
Deficiency Fund.
Whenever three-fourths of the bonds of the series of
which this is one have been paid and cancelled- and for any reason
the remaining assessments therefor are not paid in time to redeem
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• 1 \the remaining bonds of the district and interest due thereon, and
there is not sufficient money therefor in the Surplus and
Deficiency Fund, then the City shall pay such remaining bonds
when due and interest due thereon, levy additional ad valorem
taxes necessary therefor and reimburse itself by collecting the
unpaid assessments due the District.
The assessments to be levied in the District shall
constitute a lien in the several amounts to be assessed against
each assessable tract or parcel of land assessed from the date of
the final publication of the assessment ordinance. The lien for
such assessments shall be prior and superior to all other liens ,
claims, encumbrances and titles, whether prior in time or not and
shall constitute such a lien until paid provided, however :
(a) Any assessment lien is coequal with
the lien for general (ad valorem) taxes but
is subject to extinguishment (unless
redeemed) by the sale of any property on
account of the nonpayment of general taxes ;
(b) Any assessment lien on any tract or
parcel of land is prior and superior to any
assessment lien thereon subsequently levied;
and
(c) Any assessment lien is possibly
coequal with same liens imposed by the State
of Colorado or any subdivision thereof and
may be subordinate to certain liens and
claims in favor of the United States of
America or any agency or instrumentality
thereof .
It is hereby certified, recited and declared that the
bonds are issued by approval of the City Council ; and that the
principal amount of the bonds does not exceed the amount
authorized by law to be issued.
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It is hereby also certified, recited and declared that
the proceedings taken to date with reference to issuing the
bonds and making such public local improvements have been
regularly had and taken in compliance with law; that all
prerequisites to issuing the bonds have been performed; and that
all acts, conditions and things essential to the validity of this
bond exist, have happened and have been done in due time, form
and manner as required by law.
This bond is transferable (subject to certain terms and
conditions set forth in the Bond Ordinance) by the registered
owned hereof in person or by his duly authorized attorney on the
registration books kept at the office of the registrar upon
presentation of this bond together with a duly executed written
instrument of transfer satisfactory to the registrar . Such
transfer shall be noted on such registration books and on the
bond. . The City, the registrar and the paying agent may deem and
treat the person in whose name this bond is registered as the
absolute owner hereof, whether or not this bond shall be overdue,
for the purpose of receiving payment•and for all other purposes .
This bond shall not be valid or obligatory for any
purpose until the registrar shall have manually signed the
provision for registration herein.
IN TESTIMONY WHEREOF, the City Council of the City of
Fort Collins has caused this bond to be executed in the name of
and on behalf of the City and to bear the manual or facsimile
signature of the Mayor of the City, to be countersigned with the
manual or facsimile signature of the Director of Finance, to bear
the manual or facsimile seal of the City and to be attested by
the manual or facsimile signature of the City Clerk , all as of
the first day of February, 1986.
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I'
Signed:
(Manual or Facsimile Signature)
Mayor
Countersigned:
(Manual or Facsimile Signature)
Director of Finance
(SEAL]
Attest :
(Manual or Facsimile Signature)
City Clerk
(End of Form of Bond)
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(Form of Registration Provision)
PROVISION FOR REGISTRATION
This bond is registered in the office of the City Clerk
of the City of Fort Collins, in Fort Collins, Colorado, as
registrar, or her successor, in the name of the last owner listed
below; and the principal and interest on this bond shall be
payable only to such owner , all in accordance with the ordinance
authorizing the issuance of this bond. No transfer of this bond
shall be valid unless made on the registration books kept by the
registrar by the registered owner or his duly authorized attorney
and noted in the registration blank below.
Date of In Whose Name Signature of
Registration Registered Registrar
(End of Form of Registration Provision)
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J
PREPAYMENT PANEL
The following installments of principal (or portions
thereof) of this bond have been prepaid by the City of Fort
Collins, Colorado in accordance with the terms of the ordinance
authorizing the issuance of this bond.
Due Date of
Installment (or Principal
Date of portion thereof) Amount Signature of
Prepayment Prepaid Prepaid District Treasurer
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(Form of Assignment Provision)
ASSIGNMENT PROVISION
For value received, hereby assigns
and transfers unto the within bond and hereby
irrevocably constitutes attorney, to transfer
the same on the books of the registrar , with full power of
substitution in the premises .
Dated:
The signature affixed to the above assignment is
guaranteed as that of the assignor designated above.
THE FIRST INTERSTATE BANK OF
FORT COLLINS, N.A.
By:
Title:
(End of Form of Assignment Provision)
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Section 14 . When the Bonds have been duly sold,
executed and registered, the Director of Finance shall deliver
them to the initial purchaser on receipt of the purchase price.
The funds realized from the sale of the Bonds, and investment
income therefrom, shall be deposited as hereinabove provided and
applied solely to defray the costs and expenses of making the
improvements, the cost of which improvements is to be ultimately
defrayed by special assessments; provided, that after said costs
and expenses are paid, any funds remaining in the account
established for' the District in the City ' s Capital Projects Fund
from the sale of the Bonds or investment income therefrom shall
be deposited in the Bond Fund and used for the purpose of
redeeming Bonds; and provided further, that all moneys received
as accrued interest at the time of delivery of any of the Bonds
shall be deposited into the Bond Fund to apply to the payment of
interest next due on the Bonds and $115,813 of the proceeds of
the Bonds shall be deposited into the Bond Fund and shall be used
to pay the interest on the Bonds through January 31 , 1987 . The
initial purchaser of the Bonds, however, shall in. no manner be
responsible for the application by the City, or, any of its
officers , of any of the funds derived from the sale thereof .
There is hereby appropriated the sum of $1, 300 , 000 for the
payment of capitalized interest, the purchase of improvements
and payment of associated costs.
Section 15 . So long as any of the Bonds remain
outstanding, the City will keep or cause to be kept true and
accurate books of records and accounts showing full and true
entries covering the collection and disposition of said special
assessments as well as any delinquencies in the collection
thereof, covering deposits and disbursements in each of said
special funds herein desig.iated, covering the redemption of
Bonds, both principal and interest, and covering disbursements to
defray the cost of the improvements, including incidental
expenses; and the City will permit an inspection and examination
of all. books and accounts at all reasonable times by a
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representative of the initial purchaser of the Bonds . In
addition, the City at least once a year will cause at its regular
annual audit, an audit to be made relating to said books and
accounts by a certified public accountant to be employed by the
City at its own expense, and a copy of said audit immediately
after its completion will be furnished by the City, without
charge, to the initial purchaser .
Section 16 . The officers of the City be, and they
hereby are, authorized and directed to take all action necessary
or appropriate to effectuate the provisions of this ordinance,
including, without limiting the generality of the foregoing, the
printing of the Bonds, including thereon a certified true copy of
Bond counsel ' s approving opinion, and the execution of such
certificates as may reasonably be required by the initial
purchaser thereof, relating, inter alia, to the execution of the
Bonds, the tenure and identity of the municipal officials, the
absence and existence of factors affecting the exemption of
interest on the Bonds from federal and state income taxation, the
accuracy of property descriptions, the delivery of the' Bonds , and
the absence of litigation pending or threatened affecting the
validity of the Bonds, if such is in accordance with the facts .
Section 17 . Any registered owner of any one or more of
the Bonds may, either at law or in equity, by suit, action,
mandamus or other appropriate proceedings in any court of
competent jurisdiction, protect the liens created by this
ordinance on the proceeds of said assessments and the moneys in
each of said special funds, and may by suit , action, mandamus or
other appropriate proceedings enforce and compel the performance
of any duty imposed upon the City by the provisions of this
ordinance, or any ordinance heretofore or hereafter adopted
concerning the District , including, without limiting the
generality of the foregoing, the segregation of special
assessments and taxes, proceeds and revenues for said funds , the
proper application thereof, and the appointment of a receiver .
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Section 18. The City covenants for the benefit of the
owners of the Bonds that it will not make any use of the proceeds
of the Bonds, any funds reasonably expected to be used to pay the
principal of or interest on the Bonds, or any other funds of the
City, and will not make any use of the facilities financed with
the proceeds of the Bonds, which would cause the interest on the
Bonds• to become subject to federal income taxation, and that it
will not take any action or omit to take any action with respect
to the Bonds , the proceeds thereof or the facilities financed
thereby if such action or omission would cause the interest on
the Bonds to become subject to federal income taxation. This
covenant requires the City to comply with the provisions of
Section 103 of the Internal Revenue Code of 1954, as amended.
The City covenants for the benefit of the owners of the
Bonds that it will take all steps necessary to comply with the
additional requirements applicable to the Bonds imposed under
H.R. 3838, 99th Congress, 1st Session, passed by the House of
Representatives of the United States on .December 17, 1985 , ( the
"Bill" ) to the extent necessary to maintain the exemption of
interest on the Bonds from federal income taxation. In
furtherance of this covenant the City makes the following
additional covenants :
(a) The City will not permit any of the
gross proceeds of the Bonds or any of the
facilities financed with such proceeds to be
used in such a manner as to cause the Bonds
to be "nonessential function bonds" as
defined in § 141 (a) ( 1) of the Internal
Revenue Code of 1985 proposed to be enacted
by the Bill ( the "Proposed Code" ) .
(b) The City will not use any of the
proceeds of the Bonds directly or indirectly
to make or finance loans to persons other
than governmental units nor will the City
permit any of the gross proceeds to be used
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directly or indirectly in any trade or
business carried on by any person other than
a governmental unit if such use would require
an allocation of unused volume cap under
§ 141 (a) ( 3 ) of the Proposed Code.
(c) The City will spend at least 5% of
the net proceeds of the Bonds within 30 days
of the date of delivery of the Bonds to carry
out the governmental purpose of the Bonds as
required by § 149 (c) ( 1) of the Proposed Code.
(d) The City will expend all of the net
proceeds of the Bonds within three years of
the date of the delivery of the Bonds as
required by § 149 (c) ( 2 ) of the Proposed Code.
( e) The City will rebate to the United
States the amounts required to be so rebated
by § 147 ( e) of the Proposed Code at the times
and in the manner required thereby.
( f) The City will not invest any
portion of the proceeds of the Bonds directly
or indirectly to acquire investment property
(as defined in § 147 (b) ( 2 ) of the Proposed
Code) which produces a yield (as such term is
used in § 147 (b) ( 1 ) of the Proposed Code)
over the term of the Bonds which is
materially higher (as such term is used in
§ 147 (b) ( 1 ) of the Proposed Code) than the
yield on the Bonds , or to replace funds which
were used directly or indirectly to acquire
such investment property, except this
covenant does not prohibit ( i ) investment of
such proceeds for a reasonable temporary
period until such proceeds are needed for the
purpose for which the Bonds are issued in
compliance with and for a time no longer than
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that designated in § 147 (c) of the Proposed
Code, or ( ii ) investment of such proceeds in
a reasonably required reserve or replacement
fund in an amount not greater than that
provided in § 147 (d) ( 1) ( 2 ) of the Proposed
Code.
(g) The City will not, at any time
during any Bond year , invest in nonpurpose
obligations (as that term is used in
§ 147 (d) ( 3) of the Proposed Code) with a
yield (as that term is used in § 147 (d) ( 3 ) of
the Proposed Code) higher than the yield on
the Bonds , any amounts subject to
§ 147 (d) ( 3) (B) of the Proposed Code in excess
of 150% of the debt service on the Bonds (as
defined in § 147 (d) ( 3 ) (D) of the Proposed
Code) for such Bond year , and the aggregate
amount so invested shall be promptly and
appropriately reduced as the amount of
outstanding Bonds is reduced, all as required
by § 147 (d) ( 3 ) of the Proposed Code, except
this covenant does not prohibit investment of
amounts for temporary periods specified in
§ 147 (d) ( 3 ) (C) of the Proposed Code or
required the disposition of an investment if
such disposition is not required by
§ 147 (d) ( 3 ) (E) of the Proposed Code .
(h) The City will submit to the
Secretary of the .Treasury the information
required by § 149 ( e) of the Proposed Code at
the times required thereby.
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1 I
• I
( i ) For the purposes of Section
802 (e) ( 3) (B) of the Bill, the City hereby
designates the Bonds as a qualified project
bond (as defined in Section 8. 02 (e) ( 3 ) (E) of
the Bill) .
Notwithstanding the foregoing additional covenants , in the
event that compliance with any of the foregoing additional
covenants ceases to be required in order to maintain the
exemption of interest on the Bonds from federal income taxation
under the Bill (because of a change in the effective date
applicable to that requirement, or because of a substantive
change in the provisions of the Bill imposing that requirement )
the City shall no longer be required to comply with that
covenant .
Section 19 . This ordinance may be amended or
supplemented by an ordinance or ordinances adopted by the Council
in accordance with the Charter and Code of the City, as amended,
and without the receipt by the City of any additional
consideration, with the written consent of the registered owners
of seventy-five percent ( 75% ) of the Bonds authorized by this
ordinance and outstanding at the time of the adoption of such
amendatory or supplemental ordinance, provided, however , that no
such ordinance shall .have the effect of permitting:
(a) An extension of the maturity of any
Bond authorized by this ordinance; or
(b) A reduction in the principal amount
of any Bond or the rate of interest thereon
without the written consent of the registered
owner of said Bond; or
(c) The creation of a lien upon or a .
pledge of property, revenues or funds ,
ranking prior to the liens or pledges created
by this ordinance; or
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(d) A reduction of the principal amount
of Bonds required for consent of such
amendatory or supplemental ordinance.
Section 20 . After the .Bonds have been issued, this
ordinance shall constitute a contract between the City and the
registered owner or owners 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.
Section 21 . If any section, paragraph, clause or
provision of this ordinance shall for any reason be held to be
invalid or unenforceable, the invalidity or unenforceability of
such section, paragraph, clause or provision shall not affect any
of the remaining provisions of this ordinance.
Section 22. All acts, orders, resolutions and
ordinances, and parts thereof, in conflict with this ordinance
be, and the same hereby are, rescinded; provided, that, to the
extent that any provision of this ordinance might be deemed
inconsistent with any provision of the Code or the ordinance
creating the District , this ordinance shall supersede any such
inconsistent provision only to the extent of such inconsistency .
Section 23 . The published title of the subject matter
of this ordinance shall be in substantially the following form,
and the publication made before final passage of this ordinance
shall additionally include the notice substantially as set forth
in Section 24 of this ordinance:
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(Form of. Published Title)
ORDINANCE NO.
AN ORDINANCE CONCERNING THE CITY OF FORT
COLLINS, COLORADO, HEART SPECIAL IMPROVEMENT
DISTRICT NO. 84 ; RATIFYING ACTION HERETOFORE
TAKEN IN CONNECTION THEREWITH; PROVIDING FOR
THE COLLECTION OF SPECIAL ASSESSMENTS TO BE
LEVIED TO DEFRAY THE COSTS OF IMPROVEMENTS
THEREIN; PROVIDING FOR THE ISSUANCE OF
SPECIAL ASSESSMENT BONDS PAYABLE FROM THE
ASSESSMENTS TO BE LEVIED IN SAID DISTRICT;
PRESCRIBING DETAILS IN CONNECTION WITH SAID
ASSESSMENTS, BONDS AND DISTRICT, INCLUDING
THE MANNER OF ADDITIONALLY SECURING AND
EFFECTING THE PAYMENT OF SAID . BONDS;
PRESCRIBING DUTIES OF CERTAIN PUBLIC
OFFICIALS IN CONNECTION,' WITH SAID
ASSESSMENTS, BONDS AND DISTRICT; REPEALING
ALL ORDINANCES AND OTHER ACTION OF THE CITY
TO THE EXTENT INCONSISTENT HEREWITH; AND
PROVIDING OTHER MATTERS RELATING THERETO.
PUBLIC NOTICE IS HEREBY GIVEN that the above-entitled
ordinance of the City of Fort Collins was introduced and
considered favorably on the first reading on January 7 , 1986 .
The text of the ordinance is available for public
inspection and acquisition at the office of the City Clerk at
300 West La Porte Avenue, in Fo_t Collins, • Colorado, during
normal office hours.
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BY ORDER OF THE COUNCIL OF THE CITY OF FORT COLLINS
dated this January 7 , 1986 .
/s/
City Clerk
(End of Form of Published Title)
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Section 24 . There shall be added to said title as
published before final passage, the following paragraph:
"The Council will consider said ordinance for
final passage at the Council Chambers ,
300 West La ' Porte, in the City, on
January 21, 1986, being not earlier than
seven days after the first publication of
said ordinance, at the hour of 6 : 30 p.m. "
Section 25 . Immediately upon its final passage, this
ordinance shall be recorded in the book or ordinances of the City
kept for that purpose, authenticated by the signatures of the
Mayor and of the City Clerk, and within five days after final
passage, shall be published by title and number in The
Coloradoan, a newspaper published and of general circulation in
the City; and this ordinance shall be in full force and effect
ten days after such final passage.
INTRODUCED, CONSIDERED FAVORABLY ON FIRST READING on
January 7 , 1986 and to be presented for final passage on
January 21, 1986 .
Mayor
[ SEAL]
Attest :
City `Clerk
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