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HomeMy WebLinkAbout069 - 06/18/1985 - AUTHORIZING THE ISSUANCE OF SCORE LOAN REVENUE BONDS, SERIES 1985A BOND ORDINANCE NO. 69, 1985 $3 , 000 , 000 CITY OF FORT COLLINS , COLORADO SCORE LOAN REVENUE BONDS SERIES 1985A ADOPTED: JUNE 18 , 1985 TABLE OF CONTENTS (This table of contents is not a part of the Ordinance but is included for convenience only. ) Section 1 . Public Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 2. Authorization. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 3. Terms of the Bonds . . . . . . . . . . . . . . . . . . . . . . . . 4 Section 4 . Form of Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section5. Execution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 6 . Delivery of the Bonds. . . . . . . . . . . . . . . . . . . . . 6 Section 7. Additional Bonds . . . . . . . . . . . . . . . . . . . . . . . 7 Section 8 . Approval of and Authorization to Execute Instruments . . . . . . . . . . . . . . . . . . . . . . . 7 Section 8 . 1 . Official Statement . . . . . . . . . . . . . . . . . . . . . . 7 Section 3 . 2. Indenture of Trust , Loan Guidelines and Other Documents . . . . . . . . . . . . . . . . . . . . . . . 8 Section 9. Establishment of Funds . . . . . . . . . . . . . . . . . . . . 8 Section 10 . Payments of Principal . . . . . . . . . . . . . . . . . . . . . 9 Section 11. Disposition of Bond Proceeds . . . . . . . . . . . . . . 9 Section 12 . Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Section13. Defeasance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Section 14 . Severability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Section 15. Authority to Correct Errors , Etc . . . . . . . . . . 12 Section 16 . Further Authority. . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 17. Repealer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 18 . Ordinance Irrepealable . . . . . . . . . . . . . . . . . . . . 13 Section 19. Recording and Authentication . . . . . . . . . . . . . . 13 Section 20 . Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 STATE OF COLORADO ) COUNTY OF LARIMER ) } CITY OF FORT COLLINS ) The City Council of the City of Fort Collins , Colorado , held a regular meeting in the Council Chambers , at 300 LaPorte Avenue , Fort Collins , Colorado , on Tuesday, the 4th day of June , 1985 , at the hour of 6:30 p.m. The following persons were present : Councilmembers : Barbara Rutstein , Mayor Kelly Ohlson , Assistant Mayor Gerald C. Horak E. John Clarke John B. Knezovich Larry Estrada Ed Stoner City Manager: John E. Arnold City Clerk : Wanda M. Krajicek The following persons were absent: None Councilmember Knezovich introduced the following Ordinance , which was read by title , copies of the full Ordinance having been available in the office of the City Clerk at least forty-eight ( 48 ) hours prior to the time said Ordinance was introduced for each Councilmember and for inspection and copying by the general public. - ii - ORDINANCE NO. 69 , 1985 AN ORDINANCE AUTHORIZING THE ISSUANCE OF SCORE LOAN REVENUE BONDS , SERIES 1935A, OF THE CITY OF FORT COLLINS , COLORADO, IN A PRINCIPAL AMOUNT NOT TO EXCEED $3 , 000 , 000 , FOR THE PURPOSE OF FINANCING CERTAIN LOANS TO THE CITIZENS OF FORT COLLINS FOR INSTALLING ENERGY SAVING IMPROVEMENTS TO RESIDENCES ; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF SAID BONDS FROM THE REVENUES FROM SUCH LOANS AND CERTAIN OTHER REVENUES AND PROVIDING FOR THE SECURITY FOR SUCH LOANS ; AND PROVIDING OTHER COVENANTS AND DETAILS IN CONNECTION THEREWITH. WHEREAS , the Council of the City of Fort Collins , Colorado ( the "City" ) has determined that it is appropriate and beneficial to the City and its citizens , for the City to issue SCORE Loan Revenue Bonds , Series 1985A, pursuant to Article V, Part II , Section 20 . 3 , of the Home Rule Charter of the City ( the "Charter" ) for the purpose of financing certain qualified home improvement loans ( the "SCORE Loans" ) to owners of real property in the City, which owners are also customers of the City ' s Electric Utility; and WHEREAS , the use of bond proceeds will be restricted to financing SCORE Loans to owners of residences in connection with solar, conservation and other renewable energy improvements ( "SCORE Improvements" ) in the City for the purpose of increasing the efficiency of electric and other energy uses by such residences ; and WHEREAS , the issuance of the Bonds for the purpose of financing SCORE Loans will serve the public purpose of enhancing the efficient use of energy by the City and its citizens and will. reduce expenditures by the City and its citizens for energy systems that produce and conserve energy now and in the future ; and WHEREAS , the Council has determined that the principal of , premium and interest , if any, on the Bonds shall be payable from the revenues and receipts derived from the SCORE Loans , other revenues pledged therefore under the Indenture ( hereinafter defined ) , and other legally available revenues of the City, if any, which the City in its sole discretion decides to make available for such purposes ; provided however , ad valorem taxes of the City shall not be used for such purposes . NOW THEREFORE , BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS : Section 1 . Public Purpose . It is hereby declared and found to be that issuance by the City of the Bonds for the purpose of financing SCORE Loans serves the important public purposes of reducing the cost to property owners in the City of installing energy efficiency enhancement systems in their residences ; of enhancing the efficiency of energy use throughout the City; of reducing the demands upon the City for the provision of energy to its occupants ; and of encouraging the acquisition and use of energy efficiency enhancement systems in residences located within the City, all to the present and future benefit of the City and its Electric Utility which operates the City ' s municipally owned electric power system. Section 2. Authorization . For the purpose of financing the SCORE Loans to the property owners of the City to finance the installation of solar , conservation and other renewable energy improvements ( "SCORE Improvements" ) in residences located within the City, there is hereby authorized City of Fort Collins , Colorado SCORE Loan Revenue Bonds , Series 1985A ( the "Bonds" ) in a maximum aggregate principal amount not to exceed Three Million Dollars ( $3 , 000 ,000 ) . The Bonds shall be zero interest bonds , but shall be sold at a discount from the face amount thereof equal to the present value of such Bonds at time of sale as - 2 - determined by the Director of Finance of the City using an interest rate of from fifty percent ( 500 ) to one hundred percent ( 100% ) of the rate of interest announced from time to time by the First Interstate Bank of Fort Collins , N .A. , at its principal offices in Fort Collins , Colorado , as its "Prime Rate" ( computed on the basis of a 365 day year) ( the "Prime Rate" ) . The specific discount rate of interest shall be determined as described in Section 3 hereof . The principal on the Bonds shall be payable solely from the proceeds of the SCORE Loans , the properties and the monies pledged to secure such SCORE Loans , the Bond Fund established under the Indenture , undisbursed Bond proceeds , if any , and other legally available revenues of the City, if any, which the City in its sole discretion decides to make available for such purposes ; provided, however, ad valorem taxes of the City shall not be used for such purposes . Except as herein provided, the Bonds shall not be or constitute a debt or indebtedness of the City within the meaning of any provision of limitation of the State Constitution or statutes or the Charter of the City and shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers ; and the City, its elected and appointed officials , officers , Council members , employees and agents shall not be subject to any personal or pecuniary liability thereon. In accordance with provisions of Article V, Part II , Section 20 . 3 of the Charter, the City may issue securities made payable solely from revenues derived from the operation of the project or capital improvements acquired with the securities ' proceeds , or from other projects , or improvements or sources without the requirement of an election on the question of issuing the securities . - 3 - Section 3 . Terms of the Bonds. The Bonds shall be issued from time to time in denominations of $500 or integral multiples thereof . The Bonds shall be dated as of the first day of the month in which they are issued and shall mature five ( 5 ) years from the date appearing on such Bonds or such shorter period of time as the Director of Finance of the City may determine at the time of issuance . Each Bond will be non-interest bearing , but shall be sold at a price equal to the discounted principal face amount of the Bond as established by the City' s Director of Finance on the first day of the month in which the Bond is sold . The sale price of each Bond shall be equal to the present value of the principal face amount of the Bond determined at the discretion of the City ' s Director of Finance by using a rate of interest of from fifty percent ( 500 ) to one hundred percent ( 1000 ) of the rate of interest announced by First Interstate Bank of Fort Collins , N .A. , at its principal offices in Fort Collins , Colorado , as its "prime rate" effective on the first day of the month for which such determination of a sales price is being made . The average net effective interest rate on the Bonds outstanding at any time shall not exceed twenty percent ( 200 ) per annum. Each Bond shall be subject to purchase or redemption by the City, in whole or part , prior to it maturity date at the option of the City on any business day at a price equal to the original sales price of the Bond being purchased or redeemed , plus a redemption premium equal to an amount which will result in a yield on such Bond from the date of issue to the redemption date calculated at a rate of interest equal to the original discount rate expressed as a percentage. Notice of intent to prepay or redeem the Bonds or any portion thereof , shall be given to the holders of such Bonds at least thirty ( 30) business days prior to the date fixed for prepayment or redemption fixed in such notice . 4 - The principal face amount of each Bond shall be payable to the registered owner thereof as shown on the books kept for that purpose at the office of the City Clerk , as registrar , or her successor ( the "Registrar" ) , upon maturity and surrender of the Bond at the office of the Director of Finance of the City as Paying Agent or his successor ( the "Paying Agent" ) . If , upon presentation at maturity payment of the Bond is not made as herein provided , interest thereon shall be computed at a rate of interest equal to ten percent ( 10° ) per annum until the principal thereof is paid in full . The Bonds shall be subject to all of the terms and conditions contained in the Indenture of Trust , dated as of July 1 , 1985 , by and between the City and First Interstate Bank of Fort Collins , N.A. , as Trustee ( the " Indenture" ) . Section 4 . Form of Bonds . The Bonds shall be in substantially the form set forth in Article IV of the Indenture , with such omissions , insertions , endorsements , and variations as to recitals of fact or other provisions as may be required by the circumstances and as may be required or permitted by this Ordinance , and as may be necessary or appropriate to conform to the rules and requirements of any governmental authority or to any usage or requirement of law with respect thereto. Section 5. Execution . The Bonds shall be executed on behalf of the City by the fascimile signatures of the Mayor and City Clerk and shall be countersigned and authenticated by the manual or fascimile signature of the City ' s Director of Finance . In case any officer whose signature shall appear on the Bonds ceases to be an officer before delivery of such Bonds to the purchaser thereof , such signature shall nevertheless be valid and sufficient for all purposes , the same as if he had remained in office until delivery. 5 - Section 6 . Delivery of the Bonds . Before delivery of the Bonds authorized hereunder there shall be filed in the office of the City Clerk the following items : 1 . An executed counterpart of the Indenture; 2. An original opinion of Bond Counsel , dated as of the date of the initial sale of Bonds , as to the validity and tax-exempt status of the Bonds as of the date of initial sale of any of the Bonds ; 3 . The Official Statement used in connection with the marketing and sale of the Bonds ; and 4. Such other documents and opinions as Bond Counsel may reasonably require for the purposes of rendering its opinion in subsection 2 above or that the Director of Finance or the Trustee under the Indenture may require prior to the initial sale of any Bond. The Bonds shall be sold from time to time at the Fort Collins Utility office located at 300 LaPorte Avenue , Fort Collins , Colorado , or at such other location as the City ' s Director of Finance may direct. The Utility' s General Manager is hereby authorized and directed to carry out the SCORE Loan program as contemplated by this Ordinance. Sales of the Bonds shall be made only by City employees in the course of their regular employment duties and no commissions on the sales of the Bonds shall be paid to any City employee . The Bonds shall be made available for purchase by the public at times and in aggregate amounts as determined by the City ' s Director of Finance. Unless consented to in writing by the 6 - .�. .a .I a.Rr .'.i",..:._, <G-'van:: :o- ,. .:. ._t ..: ... :.: :ysy�"n aGAsi?.M�.se:Wr. ..... .;. .. J.•}c 81gWL.C.. Director of Finance , no more than $5 , 000 aggregate principal amount of the Bonds shall be sold to any individual purchaser , and no more than $10 , 000 aggregate principal amount of the Bonds shall be sold to a married couple. The Director of Finance , in his sole discretion to enhance the objectives of the SCORE Loan program may sell Bonds to financial institutions and other institutional investors organized under the laws of any state of the United States of America in unlimited amounts . Section 7 . Additional Bonds . The City hereby covenants and agrees that it will not issue more than Three Million Dollars ( $3 , 000 , 000 ) aggregate principal amount of Bonds payable from the revenues received from the loan of bond proceeds under the SCORE Loan program, without the written consent of the Trustee , which consent shall not be unreasonably withheld , and without the following conditions being met : a . The City shall not be in default under the terms of the Indenture ; and b. The default rate on SCORE Loans is equal to or less than five percent ( 50 ) of the outstanding aggregate principal amount of such loans . Nothing in this section contained shall prohibit or restrict the rights of the City to issue revenue bonds , notes or other revenue obligations for the purpose of providing funds for enhancing the energy efficiency of residences within the City so long as such revenue bonds , notes or other obligations shall not be payable from the Debt Reserve Fund or the monies received as repayments of the principal of the SCORE Loans made from proceeds of the Bonds authorized by this Ordinance . Section 8 . Approval of and Authorization to Execute Instruments . 1 . Official Statement . The Mayor is hereby authorized and directed to affix her signature to the Official Statement , 7 - for and on behalf of the City, in such form as approved by the Director of Finance , but with such changes therein as the administrative staff may deem necessary or appropriate , as evidenced by her execution thereof . The distribution by the City and use by the City in connection with the sale and marketing of the Series 1985A Bonds of the Official Statement , including appropriate amendments and supplements , is hereby further authorized . 2. Indenture of Trust , Loan Guidelines and Other Documents . The Indenture of Trust , dated as of July 1 , 1985 , by and between the City and the Trustee ( the " Indenture" ) is hereby approved in substantially the form presented to the Council and the Loan Guidelines and Procedures , dated as of July 1 , 1985 , as promulgated by the City, as amended from time to time ( the "Loan Guidelines" ) are hereby authorized in such form as may be approved by the Director of Finance ; and the Mayor , City Clerk and City' s Director of Finance are authorized to execute the Indenture and the Loan Guidelines in the name of and on behalf of the City and such other documents as Bond Counsel and the City Attorney consider appropriate in connection with the issuance of the Bonds and in making SCORE Loans . In the event of the absence or disability of the Mayor , the City Clerk or the Director of Finance , such officers of the City as , in the opinion of the City Attorney, may act in their behalf , shall without further act or authorization of the Council do all things and execute all instruments and documents required to be done or executed by such absent or disabled officers. Section 9 . Establishment of Funds . The City hereby establishes two funds , to be called the "City of Fort Collins SCORE Loan Fund" ( the "SCORE Loan Fund" ) and the "City of Fort Collins SCORE Loan Revenue Bond Fund" ( the "Bond Fund" ) . All proceeds from the sale of the Bonds , after reimbursement to the City of issuance costs for which the City requests reimbursement , - 8 - shall be deposited in the SCORE Loan Fund which shall be under the control and management of the Trustee. The monies in the SCORE Loan Fund shall be used to finance SCORE Loans as set forth in Section 503 of the Indenture. All repayments of principal of and interest on the SCORE Loans received by the Trustee or the City shall be immediately deposited in the Bond Fund as set forth in Sections 503 and 602 of the Indenture . Section 10. Payments of Principal . The City pursuant to Section 801 of the Indenture covenants that it will promptly pay or cause to be paid the principal of the Bonds at the place , on the dates , from the source and in the manner provided in the Indenture and the Bonds. The principal is payable solely from and secured by the revenues and proceeds derived from the SCORE Loans made with proceeds of the Bonds and the assets pledged to secure such loans and the undisbursed monies in the SCORE Loan Fund and the Bond Fund ; and nothing in the Bonds , the Indenture or this Ordinance shall be considered as assigning , pledging or otherwise encumbering any other funds or assets of the City. The City may use other legally available revenues of the City, if any, other than ad valorem property taxes which the City in its sole discretion decides to use to pay the difference between the monies available from the revenue sources described above in this section and the amount due on the Bonds at their individual maturities from such revenues as the City may have at the time of such deficiency, if any, which may then be legally available to pay any such deficiency. Section 11 . Disposition of Bond Proceeds. The Bonds shall be issued and sold for the purpose of financing SCORE Loans for the purpose of improving the efficient use of energy within the City. Neither the purchasers of the Bonds nor the subsequent holders thereof shall be responsible for the application or disposal by the City or any of its officers of the funds derived from the sale thereof . The issuance of the Bonds by the City 9 - shall constitute a warranty by and on behalf of the City for the benefit of each and every holder of the Bonds , that said Bonds have been issued for a valuable consideration in full conformity with the law. All or any portion of the bond proceeds may be temporarily invested , or reinvested , pending such use , in securities or obligations which are lawful investments for such municipalities in the State of Colorado, and as further set forth in the Indenture . It is hereby covenanted and agreed by the City that temporary investment or reinvestment of the Bond proceeds , or any portion thereof , shall be of such nature and extent , and for such period , that the Bonds shall not be or become "arbitrage bonds" within the meaning of Section 103 ( c) of the Internal Revenue Code of 1954 , as amended ( the "Code" ) and pertinent regulations , and such proceeds , if so invested and reinvested , shall be subject to the limitations and restrictions of said Section 103 ( c ) , and pertinent regulations as the same now exist or may later be amended. The City shall not permit all or a major portion of the proceeds of the Bonds to be used directly or indirectly in any trade or business carried on by any person who is not an exempt person within the meaning of Section 103 ( b) of the Code . Section 12. Remedies. The provisions of this Ordinance , including the covenants and agreements herein contained , shall constitute a contract between the City and the holders of the Bonds , and the holders of the Bonds shall have the following rights , but only after exhaustion of all remedies undertaken on behalf of the holders of the Bonds as provided in the Indenture : ( a) By mandamus or other suit , action or proceedings at law or in equity to enforce their rights against the City and its officers , agents and employees , and to require and compel duties and obligations required by the provisions of this Ordinance the Bonds , the Indenture or by the Constitution and laws of the State of Colorado , or the laws and ordinances of the City; and 10 - ( b) By suit , action or other proceedings in equity or at law to require the City, its officers , agents and employees to account as if they were the trustees of an express trust ; and ( c ) By suit , action or other proceedings in equity or at law to enjoin any acts or things which may be unlawful or in violation of the rights of the holder of the Bonds . Nothing contained in this Ordinance , however , shall be construed as imposing on the City any duty or obligation to levy any taxes whether to meet any obligation incurred herein or to pay the principal of or interest , if any, on the Bonds . No holder of the Bonds secured hereby shall have any right in any manner whatever by its action to affect , disturb or prejudice the security granted and provided for herein , or to enforce any right hereunder , except in the manner herein provided , and all proceedings at law or in equity shall be instituted , had and maintained for the benefit of the holders of the Bonds. No remedy conferred herein upon the holders of the Bonds is intended to be inclusive of any other remedy, but each such remedy shall be cumulative and in addition to every other remedy and may be exercised without exhausting and without regard to any other remedy conferred herein. No waiver of any default or breach of duty or contract by the holders of the Bonds shall extend to or affect any subsequent default or breach of duty or contract or shall impair any rights or remedies thereon. No delay or omission of a holder of the Bonds to exercise any right or power shall be construed to be a waiver of any such default or acquiescence therein . Every substantive right and every remedy conferred upon the holders of the Bonds by this Ordinance may be deemed expedient . In case any suit , action or proceedings taken by the Trustee or the holder or holders of the Bonds on account of any default or to enforce any right or exercise any remedy shall have been discontinued or abandoned for any reason, or - 11 - shall have been determined adversely to such holder or holders of the Bonds , then, and in every such case , the City and the holder or holders of the Bonds shall be restored to their former positions and rights hereunder, respectively, and all rights , remedies , powers and duties of the holder or holders of the Bonds shall continue as if no such suit , action or other proceedings had been brought or taken . Section 13 . Defeasance . When all principal and interest if any, in connection with the Bonds hereby authorized have been duly paid , the pledge and lien and all obligations hereunder shall thereby be discharged and the Bonds shall no longer be deemed to be outstanding within the meaning of this Ordinance . There shall be deemed to be such due payment when all outstanding Bonds have been redeemed or when the City has fully complied with Section 1202 of the Indenture . Section 14 . Severability. If any provision of this Ordinance , except Section 2 hereof , shall be held or deemed to be , or shall , in fact , be , inoperative or unenforceable as applied in any particular case in any jurisdiction or in all cases because it conflicts with any provisions of any constitution or statute or rule or public policy, or for any other reason , such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case of circumstance , or of rendering any other provision or provisions herein contained invalid , inoperative or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences , clauses or paragraphs in this Ordinance shall not affect the remaining portions of this Ordinance or any part hereof. Section 15. Authority to Correct Errors , Etc. The Mayor and the City Clerk or the City' s Director of Finance are hereby authorized and directed to make or agree to any alterations , 12 - changes or additions in the instruments hereby approved as the Mayor and the City Attorney deem necessary or proper to accomplish the purposes of this Ordinance , the signatures of the Mayor and the City Clerk or the City ' s Director of Finance on the instruments to be conclusive evidence of such approval ; provided , however, no alteration , change or addition shall be made which shall alter the maximum net effective interest rate , registration privileges , manner of execution, or terms of prepayment of the bonds or which shall increase the aggregate principal amount of the bonds authorized by the City Council or in any way give rise to a further pecuniary liability of the City or a charge against its general credit or taxing powers with respect to the Bonds . Section 16 . Further Authority . The Mayor and the City Clerk and other proper City officials , and each of them, are hereby authorized to execute and deliver for and on behalf of the City any and all additional certificates , documents and other papers and to perform all other acts they may deed necessary or appropriate in order to implement and carry out the matters herein authorized. Section 17 . Repealer. All ordinances or parts thereof in conflict with this Ordinance are hereby repealed. Section 18 . Ordinance Irrepealable . After said Bonds are issued this Ordinance shall be and remain irrepealable until said bonds and the interest thereon shall have been fully paid , satisfied and discharged. Section 19 . Recording and Authentication . This Ordinance , as adopted by the City Council , shall be numbered and recorded , and the adoption and publication shall be authenticated by the signatures of the Mayor and City Clerk and by the certificate of the publisher, respectively. Section 20 . Effective Date . The effective date of this Ordinance shall be June 23 , 1985. - 13 - Introduced , considered favorably on first reading and ordered published this 4th day of June , 1985 , and to be presented for final passage on the 18th day of June , 1985 . Mayor ( SEAL) ATTEST: Y City Clerk 14 - Passed and adopted on final reading on this 18th day of June , 1985. Mayor ATTEST: O An�t�l City Clerk QN Councilmember Knezovich moved that the foregoing Ordinance heretofore introduced and read by title be approved on first reading . Councilmember Clarke seconded the motion. The question being upon the approval on first reading of the Ordinance , the roll was called with the following results : Councilmembers voting "AYE" : Councilmembers: Barbara Rutstein, Mayor Kelly Ohlson , Assistant Mayor Gerald C. Horak E. John Clarke John B. Knezovich Larry Estrada Ed Stoner - 15 - Councilmembers voting "NAY" : None The Mayor thereupon declared that , a majority of the Councilmembers present having voted in favor thereof , the motion was carried and the Ordinance duly approved on first reading. Thereupon the Mayor ordered said Ordinance published once by title together with a notice giving the date when said Ordinance will be presented for final passage in The Coloradoan , a newspaper of general circulation published in the City, at least seven ( 7 ) days before presentation for final passage. After consideration of other business to come before the Council , the meeting was adjourned . zd4i�&M Mayor City of Fort Collins , Colorado ATTEST: IXL � -Vo=�-;4k City Clerk 113 City of Fort Collins , Colorado 16 - STATE OF COLORADO ) COUNTY OF LARIMER ) CITY OF FORT COLLINS ) The Council of the City of Fort Collins , Colorado , held a regular meeting at 300 LaPorte Avenue , Fort Collins , Colorado, on Tuesday, the 18th day of June , 1985 , at the hour of 6 : 30 P.M. The following persons were present : Councilmembers : Barbara Rutstein , Mayor Kelly Ohlson, Assistant Mayor Gerald C. Horak John B. Knezovich Larry Estrada Ed Stoner City Manager: John E. Arnold City Clerk : Wanda M. Krajicek The following persons were absent : E. John Clarke, Councilmember The Mayor informed the Council that Ordinance No. 69, 1985 , which was introduced , approved on first reading , and ordered - 17 - published once by title at a regular meeting of the Council held on June 4 , 1985 , was duly published in The Coloradoan, a newspaper of general circulation published in the City, in its issue of June 9 , 1985. Councilmember Knezovich then read said Ordinance by its title. Thereupon , Councilmember Knezovich moved the final passage of Ordinance No. 69, 1985 , and the question being upon the final passage of said Ordinance , the roll was called with the following results : Councilmembers voting "AYE" : Councilmembers : Barbara Rutstein , Mayor Kelly Ohlson , Assistant Mayor Gerald C. Horak John B. Knezovich Larry Estrada Ed Stoner Councilmembers voting "NAY" : None The Mayor thereupon declared that a majority of the Councilmembers present having voted in favor thereof , the motion was carried and the Ordinance finally passed. - 18 - Thereupon the Mayor ordered said Ordinance published by number and title only together with a notice of the final passage of the Ordinance in The Coloradoan , a newspaper of general circulation published in the City, within five ( 5 ) days after said final passage. After consideration of other business to come before the Council the meeting was adjourned . Mayor City of Fort Collins ATTEST: City Clerk City of Fort Collins STATE OF COLORADO ) ss . COUNTY OF LARIMER ) CITY OF FORT COLLINS ) I , Wanda M. Krajicek, City Clerk of the City of Fort Collins do hereby certify that the attached copy of Ordinance No. 69 is a true and correct copy ; that said Ordinance was introduced and approved on first reading by the Council of the City of Fort Collins , at a regular meeting thereof held at 300 LaPorte Avenue , - 19 - Fort Collins , Colorado , the regular meeting place thereof , on Tuesday, the 4th day of June , 1985 , that said Ordinance was finally passed on second reading by said Council at a regular meeting thereof held at 300 LaPorte Avenue , Fort Collins , Colorado , the regular meeting place thereof , on Tuesday, the 18th day of June , 1985 , that a true copy of said Ordinance has been authenticated by the signatures of the Mayor of said City and myself as recorded in a book marked "Ordinance Record" kept for such purpose in my office ; and that said Ordinance was duly published by title and number together with a notice giving the date when said Ordinance would be presented for final passage and once by number and title only together with a notice stating the date when said Ordinance was presented for the final passage thereof , in the The Coloradoan , a newspaper of general circulation published in the City, in its issues of June 9 , 1985 , and June 23 , 1985 , as evidenced by the certificates of the publisher attached hereto at pages 22 and 23 . I further certify that the foregoing pages 1 through 19 , inclusive , constitute a true and correct copy of the record of the proceedings of said Council at its regular meetings of June 4 , 1985 , and June 18 , 1985 , insofar as said proceedings relate to said Ordinance ; and that said proceedings were duly had and taken, that the meetings were duly held ; and that the persons were present at said meetings as therein shown. - 20 - IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins , Colorado, this 24th day of June 1985 City Clerk City of Fort Collins , Colorado STATE OF COLORADO ) COUNTY OF LARIMER ) ss . CITY OF FORT COLLINS ) (Attach affidavit of publication in full of Ordinance and notice giving date when Ordinance to be presented for final passage . ) SC04 21 -