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HomeMy WebLinkAbout080 - 08/06/1985 - AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND (ENGINEERING PROFESSIONALS, INC. PRO 0032R 07/11/85 CERTIFIED RECORD OF PROCEEDINGS OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO RELATING TO AN ORDINANCE AUTHORIZING THE ISSUANCE OF ITS INDUSTRIAL DEVELOPMENT REVENUE BOND (ENGINEERING PROFESSIONALS, INC. PROJECT) SERIES 1985 IN A PRINCIPAL AMOUNT NOT TO EXCEED $460 , 000 STATE OF COLORADO ) COUNTY OF LARIMER ) ss . CITY OF FORT COLLINS) The council of the City of Fort Collins, Colorado, held a regular meeting at Council Chambers, City Hall , 300 LaPorte Avenue, Fort Collins, Colorado, on Tuesday, the 16th day of July, 1985, at the hour of 6 : 30 p.m. The following persons were present : Council Members : Barbara S . Rutstein, Mayor Kelly Ohlson, Assistant Mayor E. John Clarke Larry Estrada X96f mXwm6x_X John B . Knezovich Ed Stoner City Manager : John E. Arnold Finance Director : James H. Harmon City Clerk: Wanda M. Krajicek City Attorney: John H. Huisjen The following persons were absent : Council Member Gerald C. Horak Council Member Rutstein 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 Council Member and for inspection and copying by the general public : -1- ORDINANCE NO. 80, 1985 AN ORDINANCE AUTHORIZING THE ISSUANCE OF AN INDUSTRIAL DEVELOPMENT REVENUE BOND (ENGINEERING PROFESSIONALS, INC. PROJECT) , SERIES 1985 , IN A PRINCIPAL AMOUNT NOT TO EXCEED $460 , 000; AND APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF CERTAIN DOCUMENTS RELATING THERETO; APPROVING THE ISSUANCE AND SALE OF THE BOND; MAKING CERTAIN DETERMINATIONS WITH RESPECT THERETO; PROVIDING FOR THE PRINCIPAL AMOUNT, MATURITY OF, AND INTEREST RATE ON THE BOND; AND REPEALING INCONSISTENT ACTIONS; AND ORDERING A PUBLIC HEARING. WHEREAS, the City of Fort Collins, Colorado (the "Issuer" ) , is authorized by part 1 of article 3 of title 29 , Colorado Revised Statutes , as amended (the "Act" ) , to issue revenue bonds for the purpose of financing projects to the end that business enterprises will locate in the City of Fort Collins , to enter into financing agreements with others for the purpose of providing revenues to pay such bonds, and further to secure the payment of such bond; and WHEREAS, pursuant to a Resolution duly adopted on April 16, 1985 (the "Bond Resolution" ) , the Issuer will take all necessary and advisable steps to issue such bond in a principal amount not to exceed $460 , 000 in accordance with the provisions of the Act for the purpose of financing an office facility (the "Project" ) to be owned by John P. Cavano, Jr . (the "Borrower" ) and leased by Engineering Professionals, Inc . , a Colorado corporation (the "Tenant" ) , and to be located within the City of Fort Collins; and WHEREAS, the following documents have been submitted to the Council of the Issuer (the "Council" ) and filed in the office of the City Clerk of the City of Fort Collins (the "Clerk" ) and are there available for public inspection: (a) a Loan Agreement, to be dated its date of delivery (the "Loan Agreement" ) , between the Issuer, the Borrower and The First Interstate Bank of Fort Collins, N.A. , a national banking association (the "Lender") including a form of Borrower ' s Note to the Lender; and (b) a Deed of Trust and Security Agreement, to be dated its date of delivery (the "Deed of Trust" ) , between the Borrower, as grantor and debtor, and the Lender, as beneficiary and secured party; and (c) A Guaranty Agreement , to be dated its date of delivery (the "Guaranty" ) between John P. Cavano, Jr . ( in the capacity of Guarantor) and the Lender; and -2- WHEREAS, the Council desires to issue at this time the City of Fort Collins, Colorado, Industrial Development Revenue Bond (Engineering Professional , Inc . Project) , Series 1985, in a principal amount not to exceed $460 , 000 (the "Bond" ) to be dated its date of delivery; and WHEREAS, it is necessary to issue the Bond by ordinance and to approve the form and authorize the execution of the aforementioned documents thereby. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO, THAT: Section 1 . Approvals and Authorizations . The forms of Loan Agreement, including the forms of Bond and Borrower ' s Note, the Deed of Trust and the Guaranty are hereby approved. The Mayor of the Issuer (the "Mayor" ) and the Clerk are hereby authorized and directed to execute the Loan Agreement and the Bond and affix the seal of the Issuer thereto, the Finance Director of the Issuer is authorized and directed to countersign the Bond, and the Mayor, the Clerk and the Finance Director are further authorized and directed to execute and authenticate such other documents, instruments or certificates as are deemed necessary or desirable by bond counsel in order to issue and secure the Bond. Such documents are to be executed in substantially the form hereinabove approved, provided that such documents may be completed, corrected or revised as deemed necessary by the parties thereto in order to carry out the purposes of this Ordinance . Copies of all of the documents shall be delivered, recorded, and filed as provided therein. When executed, the right, title and interest of the Issuer in, to and under the Loan Agreement shall , by the terms of the Loan Agreement, have been assigned to the Lender . The proper officers of the Issuer are hereby authorized and directed to prepare and furnish to bond counsel certified copies of all proceedings and records of the Issuer relating to the Bond and such other affidavits and certificates as may be required to show the facts relating to the authorization and issuance thereof as such facts appear from the books and records in such officers ' custody and control . The approval hereby given to the various documents referred to above includes the approval of such additional details therein as may be necessary and appropriate for their completion and such modifications thereof, deletions therefrom, and additions thereto as may be approved by bond counsel prior to the execution of the documents . The execution of any instrument by the appropriate officers of the Issuer herein authorized shall be conclusive evidence of the approval by the Issuer of such instrument in accordance with the terms hereof . -3- Section 2 . Issuance and Sale of Bond . The Issuer shall issue its Industrial Development Revenue Bond (Engineering Professionals , Inc . Project) , Series 1985 , to be dated its date of delivery, in a principal amount not to exceed $460 , 000 , for the purpose, in the form and upon the terms set forth in this Ordinance and the Loan Agreement , including the form of Bond set forth as Exhibit A to the Loan Agreement . The Bond shall be sold to the Lender pursuant to the terms of the Loan Agreement . The Bond shall be payable in the manner and to the person set forth in the Loan Agreement and the form of Bond set forth as Exhibit A to the Loan Agreement . The maximum net effective interest rate authorized for the Bond is thirty percent (30%) per annum. The actual net effective interest rate for the Bond does not exceed thirty percent (30%) per annum. Section 3 . Determinations . It is hereby found, determined and declared that : (a) the financing of the Project will promote the public health, welfare, safety, convenience and prosperity and promote and develop trade or other economic activity by inducing a business enterprise to locate in the City of Fort Collins and the State of Colorado in order to mitigate the serious threat of extensive unemployment and to secure and maintain a balanced and stable economy for the City of Fort Collins and the State of Colorado; (b) As set forth in greater detail in the Bond, the Bond is payable in monthly installments of principal of and interest due on the Bond in the amount of $3 , 505 payable on the first day of each month, commencing on October 1 , 1985, and continuing through September 1 , 2015, or such earlier date as the Principal Balance, with interest thereon, shall have been paid in full . The monthly installment due shall be applied first to interest due on the Principal Balance on the applicable due date and then to the Principal Balance. Interest on the Principal Balance is payable from the date of the Bond until the Principal Balance is paid in full , at a per annum rate (except as provided, in the Bond and the Loan Agreement in the event of a Determination of Taxability) , equal to eighty percent (80%) of the prime interest rate for loans in effect from time to time at the office of the Lender, in Fort Collins , Colorado, published as its "Prime Rate" (the "Prime Rate" ) , multiplied by the Margin Factor Rate as defined in the Bond. Such interest thereon shall fluctuate with and at the time of any changes in the Prime Rate. The interest rate shall be no greater than thirty percent (30%) per annum. The monthly installment of principal of and interest due on the Bond of $3 , 505 has been established by the Lender using an assumed -4- interest rate of eight and forty hundredths percent (8 . 400) per annum (i . e. 80% of a Prime Rate equal to ten and fifty hundredths percent (10 . 500) per annum) . The difference between the stated monthly payment amount based upon such assumed interest rate and the actual installments of principal and interest required to be paid based upon the actual interest rate borne by the Bond and amortization of the principal of the Bond from its date through September 1 , 2015, shall be paid semi-annually on March 1 and September 1 over the term of the Bond to : ( i ) the Borrower if the monthly payments over the immediately preceding six ( 6) month period are in excess of the payments that would have been made at the actual interest rate borne by the Bond; and ( ii) to the Lender if the monthly payment over the immediately preceding six ( 6) month period are less than the payments that would have been made at the actual interest rate borne by the Bond. The total amounts necessary in each year to pay the principal of and interest on the Bond will not exceed the sum of $34 , 504 . 77 in calendar year 1985 , the sum of $138 , 019 . 08 in the calendar years 1986 through 2014 , and the sum of $103 , 514 . 31 in the calendar year 2015 . The amounts necessary to pay principal and interest are computed on the assumption that the interest rate on the Bond will be the maximum permitted under the terms of the Loan Agreement ( i .e. thirty percent (30%) per annum) . (c) no reserve funds are required by the Issuer in connection with the retirement of the Bond or maintenance of the Project; (d) the Loan Agreement provides that the Borrower shall maintain the Project and carry all proper insurance with respect thereto; (e) the Loan Agreement requires that the Borrower pay the taxes which the taxing entities specified in Section 29-3-120(3) of the Act are entitled to receive from the Borrower with respect to the Project; (f) the payments required in the Loan Agreement to be made are sufficient to pay the principal of and interest on the Bond when due and to pay all other costs required in the Loan Agreement to be paid. Section 4 . Nature of Obligation. Under the provisions of the Act, and as provided in the Loan Agreement, the Bond shall be a special , limited obligation of the Issuer payable solely from, and secured by a pledge of , the revenues derived from the Loan Agreement and shall be further secured by the lien and security interest of the Deed of Trust upon the Project . The Issuer will not pledge any of its property or secure the payment -5- of the Bond with its property. The Bond shall never constitute the debt or indebtedness of the Issuer within the meaning of any provision or limitation of the constitution or statutes of the State of Colorado or of the Issuer ' s home rule charter and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers . The Issuer will not pay out of its general fund or otherwise contribute any part of the Cost of the Project (as said term is defined in the Loan Agreement) , Section 5 . Ordinance Irrepealable . After the Bond is issued, this Ordinance shall constitute an irrevocable contract between the Issuer and the owner of the Bond and shall be and remain irrepealable until the Bond, both principal and interest, shall be fully paid, cancelled and discharged. Section 6 . Ratification. All action heretofore taken by the Issuer and by the officers thereof not inconsistent herewith directed toward the financing of the Project and the issuance and sale of the Bond is hereby ratified, approved and confirmed. Section 7 . Repealer . All acts , orders, resolutions, ordinances , or parts thereof, taken by the Issuer and in conflict with this Ordinance are hereby repealed, except that this repealer shall not be construed so as to revive any act, order , resolution or part thereof , heretofore repealed. Section 8 . Severability. If any paragraph, clause or provision of this Ordinance except Section 4 hereof, is judicially adjudged invalid or unenforceable, such judgment shall not affect , impair or invalidate the remaining paragraphs, clauses or provisions hereof . -6- Section 9 . Public Hearing. A public hearing on the proposed issuance of the Bond shall be held at the Council chambers on August 6 , 1985 prior to the final consideration of the ordinance. INTRODUCED, READ, APPROVED ON FIRST READING, AND ORDERED PUBLISHED BY NUMBER AND TITLE ONLY THIS 16th day of July, 1985 . CITY OF FORT COLLINS, COLORADO (CITY) By: ZWIAa� ,� M (SEAL) Mayor ATTEST: Ij A- . Clerk The foregoing Ordinance will be presented for final passage at the Council ' s regular meeting, to be held at Council Chambers, City Hall , 300 LaPorte Avenue, Fort Collins, Colorado, on Tuesday, the 6th day of August, 1985, at 6 :30 p.m. -7- READ, FINALLY PASSED ON SECOND READING, AND ORDERED PUBLISHED ONCE BY NUMBER AND TITLE ONLY this 6th day of August, 1985 . CITY OF FORT COLLINS, COLORADO (CITY) By. - (SEAL) Ma r Attest : City C1 -8- Council Member Estrada moved that the foregoing Ordinance heretofore introduced and read by title be approved on first reading. Council Member Clarke seconded the motion, The question being upon the approval on first reading of the Ordinance, the roll was called with the following results : Council Members voting "AYE" : Barbara S . Rutstein Kelly Ohlson E . John Clarke Larry Estrada X(X"X3(1(dX U X X14&V" John B. Knezovich Ed Stoner Council Members voting "NAY" : None The Mayor thereupon declared that, a majority of the Council Members 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 by number and title only together with a statement that the text thereof is available for public inspection and acquisition in the office of the City Clerk and a notice giving the date when the Ordinance will be presented for final passage in The Coloradoan, a newspaper of general circulation published in the City, and with a notice of Public Hearing as provided in Section 9 of the Ordinance at least fourteen ( 14 ) days before presentation for final passage. After consideration of other business to come before the Council, the meeting was adjourned. Al 4//1?&I-f Kayor (CITY) City of Fort Collins, Colorado (SEAL) Attest : City Clerk City of Fort Collins, Colorado -9- STATE OF COLORADO ) COUNTY OF LARIMER ) ss . CITY OF FORT COLLINS ) The Council of the City of Fort Collins , Colorado, held a regular meeting at Council Chambers , City Hall , 300 LaPorte Avenue, Fort Collins , Colorado, on Tuesday, the 6th day of August, 1985, at the hour of 6 :30 p.m. The following persons were present : Council Members : 71GXl�i (XSXXt( (3(�4XXXN�( X ; Kelly Ohlson, Assistant Mayor E. John Clarke Larry Estrada Gerald C. Horak John B. Knezovich Ed Stoner City Manager : John E. Arnold Finance Director : James H. Harmon Deputy City Clerk: Molly J. Davis City Attorney: John H. Huisjen The following persons were absent : Mayor Barbara S. Rutstein The Mayor informed the Council that Ordinance No . 80 , 1985, which was introduced, approved on first reading, and ordered published by number and title only at the regular meeting of the Council held on July 16, 1985, was duly published in The Coloradoan, a newspaper of general circulation published in the City, in its issue of July zl, 1985 . Council Member Chlson then read said Ordinance by its title. Thereupon, Council Member Stoner moved the final passage of Ordinance No . 80 1985 . Council Member Estraua seconded the motion, and the question being upon the final passage of said Ordinance, the roll was called with the following result : -10- Council Members voting "AYE" : XUxWx&XRXXPMxWft Kelly Ohlson E. John Clarke Gerald C. Horak Larry Estrada John B. Knezovich Ed Stoner Council Members voting "NAY" : None The Mayor thereupon declared that a majority of the Council Members present having voted in favor thereof , the motion was carried and the Ordinance finally passed. Thereupon the Mayor ordered the 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 seven ( 7) days after final passage. After consideration of other business to come before the Council the meeting was adjourned . aaj�11-101 Mayor (CITY) City of rt Collins , Colorado (SEAL) Attest :)240C�� 4h� i Lc City C City of Fort Collins , Colorado -11- STATE OF COLORADO ) COUNTY OF LARIMER ) ss . CITY OF FORT COLLINS ) I , Wanda M. Krajicek, City Clerk of the City of Fort Collins, Colorado, do hereby certify that the attached copy of Ordinance No . 80 , 1985 , 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 , Colorado, at a regular meeting of thereof , held at Council Chambers, City Hall , 300 LaPorte Avenue, Fort Collins , Colorado, the regular meeting place thereof, on Tuesday, the 16th day of July, 1985; that said Ordinance was finally passed on second reading by the Council at a regular meeting thereof, held at Council Chambers, City Hall , 300 LaPorte Avenue, Fort Collins , Colorado, the regular meeting place thereof , on Tuesday, the 6th day of August , 1985; that a true copy of said Ordinance has been authenticated by the signatures of the Mayor of the City and myself as City Clerk thereof , sealed with the seal of the City, and numbered and recorded in a book marked "Ordinance Record" kept for that purpose in my office; and that the Ordinance was duly published by number and title only together with a statement that the text thereof was available for public inspection and acquisition in the office of the City Clerk and a notice giving the date when the Ordinance would be presented for final passage and a notice of public hearing and again by number and title only together with a notice of the final passage thereof in The Coloradoan, a newspaper of general circulation published in the City, in its issues of July 21 , 1985, and August 11 , 1985, as evidenced by the certificates of the publisher attached hereto at pages 13 and 14 . I further certify that the foregoing pages 1 through 11 , inclusive, constitute a true and correct copy of the record of the proceedings of the Council at its aforesaid regular meetings , insofar as the proceedings relate to the Ordinance; that the proceedings were duly had and taken, that the meetings were duly held; and that the persons were present at the meetings as therein shown. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins, Colorado, this 12thday of August, 1985 . (CITY) City Clerk (SEAL) City of Fort Collins , Colorado Deputy y erk -12- STATE OF COLORADO ) COUNTY OF LARIMER ) ss . CITY OF FORT COLLINS ) (Attach affidavit of publication of Ordinance by number and title only and statement that text available for public inspection and acquisition in office of City Clerk and notice giving date when Ordinance to be presented for final passage along with a notice of Public Hearing. ) -13- STATE OF COLORADO ) COUNTY OF LARIMER ) ss . CITY OF FORT COLLINS ) (Attach affidavit of publication of Ordinance by number and title only and notice of final passage thereof . ) -14- ORDINANCE NO . 80 , 1985 AN ORDINANCE AUTHORIZING THE ISSUANCE OF AN INDUSTRIAL DEVELOPMENT REVENUE BOND (ENGINEERING PROFESSIONALS, INC . PROJECT) , SERIES 1985 , IN A PRINCIPAL AMOUNT NOT TO EXCEED $460 , 000; AND APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF CERTAIN DOCUMENTS RELATING THERETO; APPROVING THE ISSUANCE AND SALE OF THE BOND; MAKING CERTAIN DETERMINATIONS WITH RESPECT THERETO; PROVIDING FOR THE PRINCIPAL AMOUNT, MATURITY OF, AND INTEREST RATE ON THE BOND; REPEALING INCONSISTENT ACTIONS; AND ORDERING A PUBLIC HEARING. NOTICE IS HEREBY GIVEN THAT THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO, WILL HOLD A PUBLIC HEARING AT COUNCIL CHAMBERS, 300 LAPORTE AVENUE, FORT COLLINS, COLORADO ON AUGUST 6, 1985, AT THE HOUR OF 6 : 30 P .M. , OR AS SOON THEREAFTER AS POSSIBLE, ON THE PROPOSED ISSUANCE BY THE CITY OF ITS INDUSTRIAL DEVELOPMENT REVENUE BOND IN A PRINCIPAL AMOUNT NOT TO EXCEED $460 , 000 , FOR THE PURPOSE OF FINANCING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF AN OFFICE FACILITY CONSTRUCTED AT TIMBERLINE APARTMENTS P.U.D. , FORT COLLINS , COLORADO 80524, TO BE OWNED BY JOHN P. CAVANO, JR. AND LEASED BY ENGINEERING PROFESSIONALS, INC. COUNCIL CHAMBERS ARE ACCESSIBLE TO THE HANDICAPPED . FOLLOWING THE HEARING THE COUNCIL WILL CONSIDER AND ACT UPON THE FINAL PASSAGE OF AN ORDINANCE AUTHORIZING THE FINANCING OF THE PROJECT AND THE ISSUANCE OF THE BOND . ALL INTERESTED PERSONS ARE INVITED TO ATTEND THE PUBLIC HEARING, WHICH WILL BE THE ONLY PUBLIC HEARING HELD PRIOR TO THE FINAL CONSIDERATION OF THE ORDINANCE BY THE CITY AND THE ISSUANCE OF THE BOND. -15- INTRODUCED, READ, APPROVED ON FIRST READING, AND ORDERED PUBLISHED ONCE BY NUMBER AND TITLE ONLY ALONG WITH A NOTICE OF PUBLIC HEARING this 16th day of July, 1985 . CITY OF FORT COLLINS, COLORADO (CITY) Ma or d � (SEAL) ATTEST : City Clerk The text of the foregoing Ordinance is available for public inspection and acquisition in the office of the City Clerk . The Ordinance will be presented for final passage at the regular meeting of the Council to be held at Council Chambers , City Hall , 300 La Porte Avenue, Fort Collins , Colorado, on Tuesday, the 6th day of August, 1985, at 6 : 30 p.m. -16- ORDINANCE NO. 80 , 1985 AN ORDINANCE AUTHORIZING THE ISSUANCE OF AN INDUSTRIAL DEVELOPMENT REVENUE BOND (ENGINEERING PROFESSIONALS, INC. PROJECT) , SERIES 1985 , IN A PRINCIPAL AMOUNT NOT TO EXCEED $460 , 000; AND APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF CERTAIN DOCUMENTS RELATING THERETO; APPROVING THE ISSUANCE AND SALE OF THE BOND; MAKING CERTAIN DETERMINATIONS WITH RESPECT THERETO; PROVIDING FOR THE PRINCIPAL AMOUNT, MATURITY OF, AND INTEREST RATE ON THE BOND; REPEALING INCONSISTENT ACTIONS; AND ORDERING A PUBLIC HEARING. READ, ADOPTED ON SECOND READING, AND ORDERED PUBLISHED ONCE BY NUMBER AND TITLE ONLY this 6th day of August, 1985 . CITY OF FORT COLLINS, COLORADO (CITY) Ctct Mayor (SEAL) ATTEST: City C V c� -17- The Coloradoan STATE OF COLORADO ) COUNTY OF LARIMER )ss. AFFIDAVIT OF PUBLICATION Suzanne K. Bielke being first duly sworn upon oath, deposes and says: That said is the Legal Clerk of The Coloradoan; that said has personal knowledge of all facts set forth in this affidavit; that The Coloradoan is a public daily newspaper of general circulation, having its principal office and place of business situated in said County of Larimer; that said Coloradoan is printed and published daily; that said Coloradoan is a daily newspaper, duly qualified for the purpose set forth within the meaning of Chapter 109, Article 1, Sections 1-1 to 1-8 inclusive of Colorado Revised Statutes 1963, and any amendment thereof passed prior to the date hereof; that said newspaper had,prior to January 1, 1936, and has ever since said date been admitted to the United States Mails as second class matter under the provisions of the Act of March 3, 1879, and any amendments thereof, that said newspaper is printed in whole in said County of Larimer and has a general circulation therein; that said newspaper has been so printed and published as a public daily newspaper of general circulation in said County of Lar- imer, uninterruptedly and continuously, during the period of more than fifty-two consecu- tive weeks next prior to the first issue thereof containing the annexed legal notice of advertisement; that said annexed legal notice or advertisement was published in the regular and entire editions of said newspaper for l successive weeks on Sunday _ of each successive week; that the first publication of said legal notice or advertisement was in the regular and entire edition of said newspaper on the 21st day of July , A.D. 1985; that the last publication of said legal notice or advertisement was in the regular and entire edition of said newspaper on the 91 gt day of JuI y , A.D. 1989, and that copies of each number of said paper in which said notice or advertisement was published were delivered by carriers or transmitted by mail to each of the subscribers of said paper, according to the accustomed mode of business in this office. M-06 Subscribed and sworn to before me, at and within the County of Larimer, State of Colorado this 21st day of July A.D. 19 85 My commission expires --� City Clerk i" Notary Public Delivered to ORDINANCE NO.00,1985 E AN ORDINANC AUT OF AN IZ ING 'HE ISSUANCE F INDUSTRIAL DEVELOPMENT P REVENUE BON SDONALSN INC, R ING 1985, IN A PROJEA I AMOUNT 11 TO p RINCIAL $460,000; AND E%GEED FORM A1JD App pOVING TFITHE ExECU AUTHOOFLI CERTAIN DOCU- TION THERETO; ME NTS RELATING ISSUANCE APPROV E oFETHE B A OND: AN O CERTAIN DET ERMI MAKING WITH RESPECT NATIONS PROVIDING FOR THERETO: AMOUNT THE PRINCIPAL INTER I MATURITY OF THE BONUS EST RATE INCONSISTENT REPEALING ORDERING A gCIONS: AND ,r GIVEN ' PUBLIC HEARING THE it NOTICE ICOUNCB OF ` THAT THE A PUBLIC CITY OF IL`THOL D IN PURL RADO'ING AT COUNCIL CHAM HEAR AVENUE, I BERS.300 LAPO COL RA HOONR FORT COLLI985,AT HE AUGUST 6P M OR AS SOON ' OF 6'.30 AS POSSIBLE, THERFAFIER ON THE PROPOSED ISSUANCE NDUS BY THE CITYENT OF ITS IREVE TRIAL DE JFLO PAM PRINCIPAL NUE BON NON TO EXCEED AMOUNTPOSE OF ta60,000.FOR THE PU CQUISI FINAN COON STRU CTION AND 11DN. NSTALL ATION 51 AN OFFICE I FACILITY CONSATPA RTMFtfl TIMBERLINE CO LLINS, COLO P.V.D., FOR TO BF OWNED BY RA BP524CAV ANO, JR. AND' JOHN BY ENGIN EERINGI LEASED INC. COUN p ROFESS10NAl ARE ACCESSI CL CHAMBERS BLE TO THE HANDICAPPED. FOLLOWING ILLLL CON THE COUNCA H W AND ACT UPON THE SIDER NAL GE OF AN OR FI PASSA HE NANCE AUTHORIZING FINANCING THE PROJECTI AND THE 1I INTE s AN CE OF THE, BON D.ALL NV ITEDPE O SONS ARHE PUBLIC HEAR- gTTEND THE ING, WHICH WILL BEHELD ONLY PU WC HFINALNCON5ID pRIORTO THE THE ERATI CITY OAND ANCE B 7HE BOND. 1S9ry TNROD UC FIRST RT R EAD, D ON FPUB qpp R OV E ING, AND ORDE R6D MBER �I y IN LISHED ONCE B LY ALONG LE AND TIT ON OF PUBLIC I WITH A NOTICE of July, 1 HEARING this 161h daY } O CROgLDO CITYFFORTCOLLINS. 1 Barbara S.R.111 Ma010 ICITVI tSEAL1 ATTEST' Kraiicek Wanda M. prdi 1 Cily ClerK foregoing In,!1ex1 01 the for puhliC nance is vai alable in5pec11O^and ac4uisilipn 1^Ina olli<e of the City Clerk.The Ortli nance will be pre5e nted for final passage ai the regular Ineetin9 01 The Council 10 be held al Council Chambers,City H- '300o a Porte Avenue,Fort Collins,C pf rAu9us1, TueSdaY, the bin daV 1905,al 6.30 P m M O6. July 21, The Coloradoan, 1985 a The Coloradoan STATE OF COLORADO )ss. AFFIDAVIT OF PUBLICATION COUNTY OF LARIMER ) Suzanne K. Bielke being first duly sworn upon oath, deposes and says: That said is the Legal Clerk of The Coloradoan; that said has personal knowledge of all facts set forth in this affidavit; that The Coloradoan is a public daily newspaper of general circulation, having its principal office and place of business situated in said County of Larimer; that said Coloradoan is printed and published daily; that said Coloradoan is a daily newspaper, duly qualified for the purpose set forth within the meaning of Chapter 109, Article 1, Sections 1-1 to 1-8 inclusive of Colorado Revised Statutes 1963, and any amendment thereof passed prior to the date hereof; that said newspaper had,prior to January 1, 1936, and has ever since said date been admitted to the United States Mails as second class matter under the provisions of the Act of March 3, 1879, and any amendments thereof, that said newspaper is printed in whole in said County of Larimer and has a general circulation therein; that said newspaper has been so printed and published as a public daily newspaper of general circulation in said County of Lar- imer, uninterruptedly and continuously, during the period of more than fifty-two consecu- tive weeks next pnor to the first issue thereof containing the annexed legal notice of advertisement; that said annexed legal notice or advertisement was published in the regular and entire editions of said newspaper for 1 SLccessive weeks on Sunday of each successive week; that the first publication of said legal notice or advertisement was in the regular and entire edition of said newspaper on the llth day of August , A.D. 19 85 ; that the last publication of said legal notice or advertisement was in the regular and entire edition of said newspaper on the llth day of August , A.D. 19 85, and that copies of each number of said paper in which said notice or advertisement was published were delivered by carriers or transmitted by mail to each of the subscribers of said paper, according to the accustomed mode of business in this office. N-19 r Subscribgltvd sworn to before me, at and within t�i Cuo�nty of Larimer, State of Colg�ado this day of , A.D. 19 . My commission expires / Notary Public City Clerk Delivered to NOTICE IS HEREBY GIVEN Ihat the Fort Collins City Council, on Tuesday, August 6, 1985, passed and adopted the following ordi nances on second reading. ORDINANCE NO.70, 1985 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CODE OF THE CITY OF FORT COLLINS RELATING TO THE PROHIBITION OF UNREA SONABLE NOISE ORDINANCE NO.71, 1985 OF THE COUNCIL OF THE CITY OF FORT COLONS AMENDING THE MASSAGE PARLOR (THERAPY) CODE OF THE CITY ORDINANCE NO.78, 1985 OF THECOUNCILOF THECITY OF FORT COLLINS APPROPRI A T I N G PRIOR YEAR RESERVES IN THE GENERAL FUND ORDINANCE NO.79, 1985 AN ORIOINANCE AUTHORIZ ING THE ISSUANCE OF A SALES AND USE TAX REVE- NUE NOTE OF THE CITY OF FORT COLLINS,COLORADO,IN A PRINCIPAL AMOUNT NOT TO EXCEED $7,000,000 AT ANY TIME, FOR THE PURPOSE OF- DEFRAYING IN WHOLE OR IN PART, THE COST OF CON STRUCTING SOUTH LEMAY AVENUE BETWEEN HORSE- TOOTH ROAD AND HARMONY AND MAKING RELATED IMPROVEMENTS IN THE VICINITY THEREOF IN THE CITY, TOGETHER WITH OTHER CAPITAL IMPROVE- H MENTS DIRECTED BV TE CITY COUNCIL; PRESCRIBING THE FORM OF SAID NOTE; PROVIDING FOR THE PAY MENT OF THE PRINCIPAL OF AND INTEREST ON SAID NOTE FROM THE SALES AND USE TAX REVENUES OF THE CITY ANDOTHER SPECIFIED REVE- NUES; AND PROVIDING OTHER COVENANTS AND DETAILS IN CONNECTION THEREWITH. i ORDINANCE NO.80, K65 AN ORDINANCE AUTHORIZING THE ISSUANCE OF AN INDUS- TRIAL DEVELOPMENT REVE- NUE BOND (ENGINEERING PROFESSIONALS, INC. PROJECT), SERIES 1985, IN A PRINCIPAL AMOUNT NOT TO EXCEED $460,000; AND APPROVING THE FORM AND AUTHORIZING THE EXECU- TION OF CERTAIN DOCU- MENTS RELATING THERETO; APPROVING THE ISSUANCE AND SALE OF THE BOND; MAKING CERTAIN DETERMII NATIONS WITH RESPECT THERETO; PROVIDING FOR THE PRINCIPAL AMOUNT MATURITY OF,AND INTEREST RATEON THE BOND;REPEAL ING INCONSISTENT ACTIONS; AND ORDERING A PUBLIC HEARING. Molly J. Davis Deputy City Clerk The Coloradoan, N-19,August 11, 'rI985.