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HomeMy WebLinkAbout042 - 04/05/1986 - PROVIDING FOR THE ISSUANCE OF SPECIAL ASSESSMENT BONDS PAYABLE FROM THE ASSESSMENTS TO BE LEVIED IN ORDINANCE NO. 42 , 1986 AN ORDINANCE CONCERNING THE CITY OF FORT COLLINS , COLORADO, HARMONY TRUNK SEWER SPECIAL IMPROVEMENT DISTRICT NO. 60 ; 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 . 28 , 1986 passed on first reading on February 18 , 1986 and on second reading on March 4 , 1986 ( the "Ordinance Creating the District" ) , within the corporate limits of the City, a local improvement district known and designated as she City of Fort Collins , Colorado, Harmony Trunk Sewer Special Improvement District No . 60 ( the "District" ) , for the purpose of making certain sanitary sewer improvements and assessing the cost thereof to the property benefited thereby; and -2- WHEREAS, pursuant to the Code and the Ordinance Creating the District , the City Manager has entered into agreements 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 $ gg5 . 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 qgo of the principal amount thereof ; 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 , Harmony Trunk Sewer Special Improvement District No. 60 , Series 1986" in the aggregate principal amount of $995 , 000 to the initial purchaser for 98 3 of the principal amount thereof , for the purposes of paying the cost of said local improvements , including all proper incidental expenses ; and 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 Artic'_e V, Section 20 . 5 of the Charter ; and -3- 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 prescribed 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 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, includinc 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, Harmony Trunk Sewer Special Improvement District No . 60 , 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 hereby 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 . 5 ( 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 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 . To the extent permitted by the Charter , the Director of Finance may a'-so disburse moneys in the Surplus and Deficiency Fund for other public purposes . The Bonds herein authorized, together w�_th -5- 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 ) , special assessment bonds designated "City of Fort Collins , Colorado, Harmony Trunk Sewer Special Improvement District No . 60 , Special Assessment Bonds , Series 1986" in the aggregate principal amount of $995 , 000 consisting of Twelve Bonds , numbered consecutively from 1 to 12 , both inclusive, in the denomination of $ 80,000 - 85,000 each , dated as of the first day of Ilav , 1986 , being payable to the registered owner thereof on the first day of May -6- 1998, and bearing interest from the date of delivery to the original purchasers thereof until maturity or prepayment , payable semiannually on the first days of May and October in each year , commencing on the first day of nrtnhar , 1986 , and the Bonds being in the principal amounts and bearing interest at the rates hereinbelow designated as follows : Bond Interest Rates Numbers Principal Amounts ( Per Annum) 1 $ 85 , 000 7 . 75% 2 85 , 000 8 . 00% 3 85 , 000 8 . 25% 4 85 , 000 8 . 50% 5 85, 000 8 . 75% 6 £,5, 000 8 . 85% 7 85, 000 8 . 95% 8 80 , 000 9 . 05% 9 80 , 000 9. 15% 10 80 , 000 9 . 25% 11 80 , 000 9 . 35% 12 80 , 000 9 . 45% 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 prepayment 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) , tc the person in whose name 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 . -8- The proceeds of the Bonds , other than amounts to be used to pay interest on the Bonds through May -]-, 1989 , 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 whole or in part , in direct numerical 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, without premium or penalty, but with accrued interest to the redemption date . Whenever there are available funds in the Bond Fund ( excluding proceeds of the Bonds deposited therein to pay interest on the Bonds through May 1, 19g9) in excess of the amount needed to make the next interest payment on the Bonds , 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 . Upon presentation of a Bond for partial prepayment , the Registrar shall record such prepayment in the registration records and the Paying Agent shall enter the amount and date of such prepayment in the space provided therefor on the Bond and shall require the Bond owner to receipt for such prepayment on the Bond or in such other manner as the Paying Agent deems appropriate for the records of the City . Notice of prepayment shall be given by the Director of Finance in the name of the City by mailing a copy of such notice by registered mail at least fifteen days and not more than sixty days prior to the designated prepayment date to each registered owner of any Bonds designated for prepayment , in whole or in -9- part , 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 prepaid, the amount of principal to be prepaid with respect to such Bond or Bonds , and the date fixed for prepayment , and shall further state that on such date there will become and be due and payable at the Paying Agent the principal amount of such Bond or Bonds to be prepaid, with accrued interest to the prepayment date, and that from and after such date interest on such Bond or Bonds shall cease. Notice having been given in the manner hereinabove provided, the amount of principal of such Bond or Bonds so to be prepaid shall become due and payable on the date so designated, and upon presentation thereof at the Paying Agent and the execution of such receipts therefor as the Paying Agent may require, the City will pay the amount of principal of such Bond or Bonds so to be prepaid and accrued interest to such date . 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 of 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 -_0- 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 mailing of notice calling such Bond for prepayment as herein provided, nor during the period of fifteen days next preceding such publication or mailing of notice of redemption, except the unredeemed portion of Bonds being redeemed in part . 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 and shall be attested and subscribed by the manual or facsimile signature of the City Clerk . The Bonds bearing the 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 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 signature the signature of his or her predecessor in office in the event that such 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 or spaces in the provision for prepayment are insufficient to reflect all prepayments , the Registrar may, upon 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 of the City, 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 and Bond proceeds deposited therein to pay interest on the Bonds through May 1989 ; 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 prepayment . 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 created by the City Charter and 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 prepaying 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 twelve substantially equal annual 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 -13- necessary or appropriate to conform to the rules and requirements of any governmental authority or any usage or requirement of law with respect thereto. ( Form of Bond) UNITED STATES OF AMERICA STATE OF COLORADO COUNTY OF LARIMER CITY OF FORT COLLINS , COLORADO HARMONY TRUNK SEWER SPECIAL IMPROVEMENT DISTRICT NO. 60 SPECIAL ASSESSMENT BOND SERIES 1986 No. R- $ Interest Rate Maturity Date Dated As Of 1 , 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 THOUSAND DOLLARS on the first day of 19 , with interest hereon from the date of delivery to the original purchasers hereof to the date of maturity or prepayment at the interest rate per annum specified above , such interest being payable semiannually on the first day of and first day of in each year commencing on the first day of 1986 . 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 its successor ( the "registrar" ) , upon maturity or prepayment and 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 its -13- successor ( the "paying agent" ) under the ordinance of the City ( the "Bond Ordinance" ) authorizing this 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 . All of the bonds of the series of which this is one are subject to prepayment by the City, at its option at any time, in whole or in part , in direct numerical order , without premium or penalty but with accrued interest to the prepayment date . The manner of such prepayment and the application of funds in connection therewith shall be as provided in the Bond Ordinance . Such prepayments shall be noted on the registration records and on the panel provided on this bond and the principal amount payable hereunder shall be reduced accordingly. Prepayment shall be made upon giving prior notice by mailing a copy of such notice to the registered owners of all bonds at the addresses shown on the registration books , not less than fifteen days prior to the prepayment 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 or interest on 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 numbered consecutively from to I both inclusive, issued by the City of Fort Collins and payable as provided in the Bond Ordinance, and which are in the aggregate principal amount of $ Said bond series is issued in payment for local improvements made and to be made in the CITY OF FORT COLLINS, COLORADO HARMONY TRUNK SEWER SPECIAL IMPROVEMENT DISTRICT NO. 60 ( 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, Harmony Trunk Sewer Special Improvement District No . 60 , 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 and proceeds of the bonds deposited therein to pay interest on the bonds through 19_; 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 from 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 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 -=8- 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. 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 -3- the 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 . 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) -20- ( 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 its 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) -21- ( Form of Prepayment Panel ) PREPAYMENT PANEL The following prepayments of principal 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. Principal Signature of Date of Amount Registered Owner Signature of Prepayment Prepaid Or Attorney Paying Agent (End of Form of Prepayment Panel ) (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 . By : Title : ( End of Form of Assignment Provision) -23- 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 prepaying Bonds ; and provided further , that $ 238 , 184 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 May 1 1989. 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 $ eg5 , non for the payment of capitalized interest , the construction of the local 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 designated, 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 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 -2 - 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 . 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 -25- 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 under present federal law, 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 under present federal law. This covenant requires the City to comply with the provisions of Section 103 of the Internal Revenue Code of 1954 , as amended to the date of delivery of the Bonds . The City covenants for the benefit of the registered owners of the Bonds that it will take all steps necessary to comply with those 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 under the Bill in its present form ( except the minimum tax imposed on certain insurance companies by Section 1023 of the Bill ) ; provided however , that this does not require the City: ( 1 ) to comply with those requirements of the Bill for which a postponed effective date is endorsed in the Joint Statement by the chairmen and ranking members of the House Committee on Ways and Means and Senate Committee of Finance and Secretary of the Treasury on the Effective Dates of Pending Tax Reform Legislation released on March 14 , 1986 , or ( 2 ) to comply with any other requirement of the Bill in the event that compliance with that requirement ceases to be required (because of a change in the -26- effective date applicable to that requirement , or because of a substantive change in the provisions of the Bill imposing that requirement ) in order to maintain the exemption of the interest on the bonds from federal income taxation under the Bill ( except the minimum tax imposed by Section 1023 of the Bill ) . 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: ( i ) An extension of the maturity of any Bond authorized by this ordinance; or ( ii ) 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 ( iii ) 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 ( iv) A reduction of the principal amount of Bonds required for consent of such amendatory or supplemental ordinance . -27- 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 : -28- ( Form of Published Title) ORDINANCE NO. 42 , 1986 AN ORDINANCE CONCERNING THE CITY OF FORT COLLINS, COLORADO, HARMONY TRUNK SEWER SPECIAL IMPROVEMENT DISTRICT NO. 60 ; 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 first * reading on April 1 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 Fort Collins , Colorado, during normal office hours . -29- BY ORDER OF THE COUNCIL OF THE CITY OF FORT COLLINS dated this April 1 1986 . /s/ City Clerk * insert first or second, as appropriate (End of Form of Published Title) -30- 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 April 15 , 1986 , being not earlier than seven days after the first publication of the title 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 April 1 , 1986 and to be presented for final passage on April 15 , 1986 . Mayor [ SEAL ) e,` /V— At st : City Clerk Councilmember Estrada then moved that the ordinance be passed on first reading . Councilmember Rutstein seconded the motion. The roll was called with the following result : Those Voting Aye : Those Voting Nay: Those Absent : The Mayor thereupon declared that at least a majority of the members of the City Council present at the meeting having voted in favor thereof, the motion was carried and the ordinance duly passed on first reading . Upon motion duly made, seconded and adopted, said ordinance was scheduled for second and final reading at the regular Council meeting to be held at the Council Chambers , 300 West La Porte on April 15 , 1986 , being not earlier than seven ( 7 ) days after the first publication of the title of said ordinance, at 6 : 30 p.m. Other business not relating to the foregoing ordinances was then considered. There being no further business to come before the meeting, on motion duly made , seconded and unanimously carried, the meeting was adjourned. ayor [ SEAL ] Attest • ClerkCity -33- STATE OF COLORADO ) COUNTY OF LARIMER ) SS . CITY OF FORT COLLINS ) I , Wanda Krajicek , City Clerk of the City of Fort Collins ( the "City" ) , in the County of Larimer and State of Colorado, do hereby certify: 1 . That the foregoing pages numbered from 1 to 35 , inclusive, constitute a full, true and correct copy of the record of the proceedings taken by the City Council of the City at a regular meeting thereof held on April 1 , 1986 , insofar as the minutes relate to an ordinance, a copy of which is therein set forth, and that the copy of the ordinance as contained in the minutes is a full , true and correct copy of the original of the ordinance as introduced and passed on first reading. 2 . That the Mayor and 6 other members of the City Council were present at the meeting and that the members of the Council voted as in the minutes set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Fort Collins this April 2, 1986 . [ SEAL] City le -34- STATE OF COLORADO ) COUNTY OF LARIMER ) CITY OF FORT COLLINS ) The City Council ( the "Council" ) of the City of Fort Collins ( the "City" ) , in the County of Larimer and State of Colorado, met in open regular session in full conformity with law and with the ordinances and rules of said Council at the Council Chambers, 300 West La Porte Avenue, in the City, on Tuesday, April 15, 1986 at 6 : 30 p.m. Upon roll call the following were found to be present constituting a quorum: Present: Mayor : Kelly Ohlson Assistant Mayor : Larry Estrada Other Councilmembers : Jay April Gerry Horak J-aha-4aezos ieh Barbara Rutstein Ed Stoner Absent: Jolin Knezovich constituting all the members thereof. There were also present : City Manager : Steve Burkett City Attorney: John Huisjen City Clerk: Wanda Krajicek Councilmember Stoner introduced the following ordinance on second reading, which was read by title, copies of such ordinance having been made available in the office of the City Clerk for each of the councilmembers and for inspection and copying by the general public at least 48 hours prior to such introduction: ORDINANCE NO. 42 , 1986 AN ORDINANCE CONCERNING THE CITY OF FORT COLLINS, COLORADO, HARMONY TRUNK SEWER SPECIAL IMPROVEMENT DISTRICT NO. 60; 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. Councilmember Stoner then moved that the ordinance heretofore introduced and published, be now finally passed and adopted. Councilmember Estrada seconded the motion. The question being upon the final passage and adoption of said ordinance, the roll was called with the following result : Those Voting Aye: Mayor; Kelly Ohlson Assistant Mayor, Larry Estrada Jay April Gerry Horak Rarbara Rutstein Fd Stoner Those Voting Nay: None Those Absent: John Knazovich -2- The Mayor thereupon declared that at least a majority of the members of the City Council present at the meeting having voted in favor thereof, the motion was carried and the ordinance duly passed and adopted. On motion duly adopted, it was ordered that said ordinance be numbered 42 , 1986, and after being recorded in the book of ordinances of the City kept for that purpose and authenticated by the signatures of the Mayor and of the City Clerk , be finally published by title in The Coloradoan, as therein provided. Other business not relating to the foregoing ordinance was then considered. There being no further business to come before the meeting, on motion duly made, seconded and unanimously carried, the meeting was adjourned. ,�X'/Z. [ SEAL] Mayor Att t� City Clerk -3- STATE OF COLORADO ) COUNTY OF LARIMER ) SS . CITY OF FORT COLLINS ) I, Wanda Krajicek , City Clerk of the City of Fort Collins ( the "City" ) , in the County of Larimer and State of Colorado, do hereby certify: 1. That the foregoing pages numbered from 1 to 3 , inclusive, constitute a full, true and correct copy of the record of the proceedings taken by the City Council of the City at a regular meeting thereof held on April 15, 1986, insofar as the minutes relate to an ordinance, a copy of which is set forth in the minutes of the regular meeting of the City Council held on April 1, 1986 , and that the copy of the ordinance as contained in said minutes is a full , true and correct copy of the original of the ordinance as introduced and passed on first reading. 2 . That the Mayor and 5 other members of the City Council were present at the meeting and that the members of the Council voted as in the minutes set forth. 3 . The ordinance was duly published in The Coloradoan, by title; and a true and correct copy of the proof of such publication after second reading is attached hereto as Exhibit A. 4 . There exist no rules or bylaws of the City Council which prevented the final passage of said ordinance at the regular meeting of the City Council on April 15, 1986 . IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Fort Collins this April 16 1986 . City C er [SEAL] -4- The Coloradoan STATE OF COLORADO COUNTY OF LARIMER )ss. AFFIDAVIT OF PUBLICATION Tlizaheth A. Bawrmn 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 Lartmer 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 1 successive weeks on 13unday 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 20th day of April , A.D. 1986; that the last publication of said legal notice or advertisement was in the regular and entire edition of said newspaper on the 20th day of April , A.D. 198fi_, 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. Z-05 l Subscribed and sworn to before me, at and within the County of Larimer, State of Colorado this 20th day of A, 41 , A.D. 19 86 My commission expires 9 � J-6 City Clerk Notary Public Delivered to NOTICE IS HEREBY GIVEN that the Fort Collins City Council, on Tuesday,April IS,1966 passed and adopted the toliminq drdl- nanCes an MCMd reading: ORDINANCE NO.42, 19116 AN ORDINANCE CONCERNING THE CITY OF FORT COLLINS, COLORAOO, HARMONY TRUNK SEWER SPECIAL IMPROVEMENT DISTRICT NO. 60;RATIFYING ACTION HERE TOFORE TAKEN IN CONNEC TION THEREWITH; PROVID ING FOR THE COLLECTION OF SPECIAL ASSESSMENTS TO BE LEVIED TO DEFRAY THE COSTS OF IMPROVEMENTS THEREIN; PROVIDING FOR THE ISSUANCE OF SPECIAL ASSESSMENT BONDS PAY- ABLE FROM THE ASSESS- MENTS TO BE LEVIED IN SAID DISTRICT; PRESCRIBING DETAILS IN CONNECTION WITH SAID ASSESSMENTS, BONDS, AND DISTRICT, INCLUDING THE MANNER OF. ADDITIONALLY SECURINd AND EFFECTING THE PAY MENT OF SAID BONDS; PRES CRIBING DUTIES OF CERTAIINNNPUBLIC .. N CO NECTION WITH D OFFICIALS SAI IAS ES . MENTS, BONDS, AND Dill, TRICT; REPEALING ALL ORDINANCES AND OTHER ACTION OF THE CITY TO THE EXTENT INCONSISTENTI HEREWITH; AND PROVIDING OTHER MATTERS RELATING THERETpp' �y ORDINANCE NO./7,Is%.'p OF THE COUNCIL OF THE CIT OF FORT COLLINS AUTHOII ING THE CITY MANAOE T ENT E R INTO NA It FOR THE LEA III /PURCHAS OF- VEHICLl5 AND EG.11! MENT. WANDA M. KRAJICEK, CITY CLERK The ColOradu/n, ZOS, April X; 19", The C6roradoan STATE OF COLORADO ) COUNTY OF LARIMER )ss. AFFIDAVIT OF PUBLICATION >;1 izab®th A Reti m an being first duly sworn upon oath, deposes and says: That said is the—7egal�}__,- 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 1 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 6th day of April , A.D. 19 86 ; that the last publication of said legal notice or advertisement was in the regular and entire edition of said newspaper on the 6th day of April , A.D. 19gf(, 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. Y-20 Subscribed and sworn to before me, at and within the County of Larimer, State of Colorado this 6t-h day of April A.D. 19 86 My commission expires('• ` r �� Notary Public City Clerk Delivered to ORD kN ORDIINANCE CONCERN NCI THE CITY OF FORT COLLINS. COLORADO, HARMONYJ" TRUNK SEWER SPECIAL,i IMPROVEMENT DISTRICT NO OFOREFTAKEN IN CONNEC-j TION THEREWITH; PROVID.! ING FOR THE COLLECTION OF 1 SPECIAL ASSESSMENTS TO BE LEVIED TO DEFRAY THE COSTS OF IMPROVEMENTS THEREIN; PROVIDING FOR THE ISSUANCE OF SPECIAL ASSESSMENT BONDS PAY ABLE FROM THE ASSESS MENTS 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 PAY MENT OF SAID BONDS; PRES CRIBING DUTIES OF CERTAIN PUBLIC OFFICIALS IN CON- NECTION WITH SAID ASSESS MENTS, BONDS AND DIS TRICT; 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 aboveantltlao ordinance of the Clty of Fort Col Ilns was Introduced end Oomid erect favorably on first reading on April 1, 19aa. The text of the ordinance Is available for public Inspection and aroulsltlon at the Office W the City Clerk Of NO West La Porte Avenue,in Fort Collins,Colorado, during normal oNice hours. BY ORDER OF THE COUNCIL OF THE CITY OF FORT COL- LINS,dalad this Apr 11 1, 19ae, anda M. Kralllcek The Coloradoan, Y TBCIIV it 6k 19M STATE OF COLORADO ) COUNTY OF LARIMER ) CITY OF FORT COLLINS ) The City Council ( the "Council" ) of the City of Fort Collins ( the "City" ) , in the County of Larimer and State of Colorado, met in open regular session in full conformity with law and with the ordinances and rules of said Council at the Council Chambers , 300 West La Porte Avenue , in the City, on Tuesday , April 1 , 1986 at 6 : 30 p.m. Upon roll call the following were found to be present constituting a quorum: Present : Mayor : Kelly Ohlson Assistant Mayor : Larry Estrada Other Councilmembers : Jay April Gerry Horak John Knezovich Barbara Rutstein Ed Stoner Absent : constituting all the members thereof . There were also present : Interim City Manager : Rich Shannon City Attorney : John Huisjen City Clerk : Wanda Krajicek Councilmember Fstrada introduced the following ordinance, which was read by title , copies of such ordinance having been made available in the office of the City Clerk for each of the councilmembers and for inspection and copying by the general public at least 48 hours prior to such introduction :