Loading...
HomeMy WebLinkAbout158 - 12/17/1985 - AMENDING ORDINANCE NO. 142, 1985 PROVIDING THE THE ISSUANCE OF DOWNTOWN DEVELOPMENT AUTHORITY TAX IN ORDINANCE NO. 158 , 1985 RELATING TO THE AMENDMENT OF BOND ORDINANCE NO. 142 , 1985 PROVIDING FOR THE ISSUANCE OF CITY OF FORT COLLINS , COLORADO DOWNTOWN DEVELOPMENT AUTHORITY TAX INCREMENT REFUNDING BONDS SERIES 1985A DATED NOVEMBER 1 , 1985 IN THE AGGREGATE PRINCIPAL AMOUNT OF $8 , 885 , 000 ADOPTED: DECEMBER 17 , 1985 STATE OF COLORADO ) COUNTY OF LARIMER ) ss . CITY OF FORT COLLINS ) The Council of the City of Fort Collins , Colorado , held a reqular meeting in the Council Chambers , at 300 LaPorte Avenue , Fort Collins , Colorado 80521 , on Tuesday the 17th day of December , 1985 , at the hour of 6 : 30 P.M. Council Members : Barbara Rutstein , Mayor Kelly Ohlson, Assistant Playor John B. Knezovich Larry Estrada Ed Stoner E. John Clarke Gerald C. Horak Interim City Manager: Richard H. Shannon City Clerk : Wanda M. Krajicek The following persons were absent : None Councilmember Knezovich introduced the following Ordinance , which was read by title , copies of the full Ordinance having been available in the office of the City Clerk at least forty-eight ( 48 ) hours prior to the time said Ordinance was introduced for each Councilmember and for inspection and copying by the general public . 2 - r)RDiNANCE NO. 158 r 1C)ft5 AN ORDINANCE RELATING TO AN AMENDMENT TO ORDINANCE NO. 142 , 1985 PROVIDING FOR THE ISSUANCE AND SALF, OF CTTY OF FORT COLLINS , COLORADO, DOWNTOWN DEVELOPMENT AUTHORITY TAX INCREMENT REFUND'NG BONDS , SEPTE:, 1985A; AND DECLARING AN EMERGENCY TO EXIST REOUTRING IMMEDIATE PASSAGE AND ADOPTION OF THIS ORDINANCE . WHEREAS , the City Council of r_h:, City of Fort Collins hr.s adopted Ordinance No . 142 , 1985 ( the "Ordinance" ) , authorizing the issuance of Ci_ry of Fort Collins , Color-ado , Downtown Development Authority Tax Increment Refunding Bonds , Series 19851. ( the "Series 19P5A Bonds" ) ; WHEREAS , Muni ipa1 Bond Insurance Associarion , proposed insurer of the Series 1985A, has requested that Section 3 . 02 of the Ordinance be amended as her ,ina*ter pr_o% ided ; WHEREAS , the Series 1985A Bonds have been marketed on the basis that MBIA will provide an insurance policy with respect to the Series 1985A Bonds ; and TIHERFAS , the sal and issu-nc,- of the Series 19n5A Bonds is to take place on December_ 19 , 1985 , makinq it necessary to adopt this emergency ordinance in ord,�r preserve pub is property anri avoid losing substantial cost savings to be achieved as a result of the issuance of the Series 1985A Bonds . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS : Amendment . That Section 3 . 02 of nrdin-rnce No. 142 , 19P,5 is hereby amended so that said Section 3 . 02 reads as follows : Section 3 . 02 . Pledge . There is her,-by irrevocably pledged to the payment of the principal of , premium, if any , and inr_ rest on rh<� Bonds , the Pledged Revenues , as and when received , and moneys and Federal and Stac:� Securities in the Bona Fund and the Reserve Fund ; provided however, ad valorem taxes of the Ciry shall nor he us. i or pl,,dged for such purposes except to the extent such ad valorem taxes consriture a parr of rh , Pl­dged Revenu�_s . In addition , until such time as the Pledged R-avenues ( ex(:ludinq investment ­arnings on Pledged Revenues ) , in each of the last_ two complete consecutive Fiscal Years sh:- l l }t.!ve he.-n sutf. icient to pay an amount at least equal to 1500 of the combiners maximum principal of , premium , if any, and interest becoming due in any year ( excluding principal of , premium, if any, and interest due on 3 the Series 19S5A Bonds � n 200^ ) on the Bonds and on all of the City ' s outstanding tax increment obligations issued on a p-trity with tht� Bonds pursuant to the DDA Act , the City hereby irrevocably pledges to the p-tym �nt of principal of , premium, if any, and interest on the Bonds and hereby creates a li-n for such purposes on revenues of the City ' s Sales and Use Tax and on the moneys in the Sales and Use Tax Fund ; provided however , ;it such time as the Pledged Revenues ( excluding invest-ment earnings on Pledg_ad Revenues ) in each of the last two complete consecutive Fiscal Years shall have been sutficient to pay an amount at least equal to 1501. of the combined maximum principal of , premium, if any, and interest becoming due in any year ( excluding principal of , pr.2mium , if any, and interest du,2 on the Ser es 1985A Bonds in 2004 ) on the Bones and on all of the City ' s outstanding tax increment obligations issued on a parity with the Bonds pursuant to the DDA Act , the lien and pledge creatt,d pursuant to Section 3 . 02 hereof on Sales and Use Tax revenues of the Cir.y and tht. City ' s Sales and Us- Tax Fund shall he forever discharged and released ; orovided further however , that prior to the discharge and release of the lien and pledge on the City ' s Sales and Use Tax Revenues , the City shall deposi •: such amounts , if any, as required to restore the Reserve Fund to a balanc:- of moneys at least equal_ to $1 , 000 , O0n . Until discharged or released such pledge and lien shall_ be subordinated to all ii.ens on said Sales and Use Tax revenues and the Sales and Use Tax Fund moneys created as security for indebtedness of the City so long as the ratio of Sales and Use Tax Revenues to debt service on obligations secured thereby, including the Bonds , is greater than 5 to 1 . If such lien has not been discharged and released and in the event such ratio is less than 5 to 1 at any time , and so long a5 the ratio remains less than 5 to 1 , the pledge and lien to secure the Series 1985A Bonds authorized by this Ordinance on revenues from the Sales and Use Tax and on the Sales and Use Tax Fund shall he on a pati_ry with all indebtedness of the City secured by the Sales and Use Tax revenues and the SaLE-s and Use Tax Fund . The City further covenants and agrees that ( i_ ) if Series l9`l5A Bonds are olarstanding after January 1 , 2002 and ( ii ) so long as the pledge of and lien on Sales and Use Tax revenues of the City and the City' s Sales and Use Tax Fund is in force pursuant to this Section 3 . 02 , ro the extent not otherwise prohibited by law, the City will maintain at all times the Sales and Use Pax Fund as a fund of the City separate and distinct from all other 4 funds of the Citv and will continue to levy , impose , administer , enforce and collect the Sales and Use Tax in an amount at least sufficient to timely nay the principal of , premium, if any, and interest of the Series 1985A Bonds . The Pledged Revenues , as received by the City, shell immediately be subiecr_ to the lien of the pledge hereof , without any physical delivery thereof , any fi I ing or any further- .acr ,, the l i,�n of such pledge and the obligation ro perform the contractual_ provisions mad: in this Ordinance steall have priority over all other oh ioations and liabilities of the City, and the, lien of such pledge shall be valid and binding_ as against all person having claims of anv kind in tort , contract or otherwise dgai_nst the City , -irrespective of wheth,.r such persons have notic, thereof , provided however , nothing contained herein shall be construed :Is creating a lien OM the City' s �al-,s and Use Tax Fund superior to the lien on such Fund in favor of obligations of the City now secured or- to be secured in the future by �.uch Fund . in addition , there is her -,hy irr,�vocably pledged to payment of the Bonds the proceeds of any refunding obligations issued by the City, and designated therefor. All other terms contain-d in the nrr.i_nance are hereby ratified and confirmed . 3 . Emergency Ordinance . This ordinanc., is hereby declared to be an emergency ordinance necessciry for the immediate and actual preservation of the public property of the citizens of the City and therefore shall take effect upon final nassage and adoption . Publication of a notice of the final passage of this ordinance shall be by title and number in a newspaper of general circulation within the City. This Crdinanr�,� is declar-d to be an emergency ordinance necessary for the immediate preservation of public property for the reason rhat the sale and issuance of the Series 19n5A Bonds and the substant , al costs savings to be achieved by the City as a result thereof are condirioned upon the completion of the sale of the Bonds nn c)r before December ?1 , 1985 . Such sale cannot be complete-, on or before said date unless this ordinance goes into eff�_,ct and full force prior to the time required for idoption and passage of a regular non- emergency ordinance of the City pursuant to the City ' s Charter . - 5 - Introduced , considered favorably on first and final_ reading and ordered published this 17th day of December , 1985 . Mayor ( SEAL) ATTEST: Q UnA�QI k P 4 L City Clerk —T Councilmember Knezovich moved that the foregoing emergency Ordinance heretofore introduced and read by title by approved on first and final reading . Councilmember Estrada seconded the motion . The question being the approval on first and final reading of the Ordinance , the roll was called with the following results : Councilmembers voting_ "AYE" : Barbara Rutstein Kelly Ohlson John B. Knezovich Larry Estrada Ed Stoner E. John Clarke Gerald C. Horak Councilmembers voting "NAY" : None The Mayor thereupon declared that , a majority of five of the Councilmembers present having voted in favor thereof , the motion was carried and the Ordinance duly ipproved on first and final reading as an emergency ordinance . Thereupon the Mayor ordered said Ordinance published by number and title only together with a notice of the final passage of the Ordinance in The Coloradoan , a newspaper of general circulation published in the City , within seven ( 7 ) days after said final passage . After consideration of other business to come before the Council , the meeting was adjourned Mayor C_ tv of Fort Collins , Colorado ATTEST: j �1"Q itcb i�'�o City Clerk —(-) City of Fort Collins , Colorado STATE OF COLORADO ) ) COUNTY OF LARIMER ) ss . CITY OF FORT COLLINS ) T , Wanda M. Krajicek , City Clerk of the City of Fort Collins , Colorado , do hereby certify that the attached copy of Ordinance No . 158 , 1985 , is a true and correct copy ; that said Ordinance was introduced and approved on first and final reading as an emergency ordinance by the Council of the City of Fort Collins , at a regular meeting thereof held at 300 LaPorte Avenue , Fort Collins , Colorado 80521 , the regular meeting place thereof , on Tuesday, the 17th day of December , 1985 , that a true copy of said Ordinance has been authenticated by the signatures of the Mayor of said City and myself as recorded in a book marked "Ordinance Record" kept for such purpose in my office ; and that said Ordinance was duly published in the The Coloradoan , a newspaper of general circulation published in the City , in its issue of December 22 , 1985 , as evidenced by the certificate$ of the publisher attached hereto at pages 9 . d(XMXXXXX I further certify that the foregoing pages 1 Through 6 , inclusive , constitute a true and correct copy of the record of the proceedings of said Council at its *-egular meeting of December 17 , 1985 , insofar as said proceedings relate to said Ordinance ; and that said proceedings were duly had and taken , that the meetings were duly held ; and that the persons were present at said meetings as therein shown. IN WITNESS WHEREOF, I have hereunto sat my hand and the seal of the City of Fort Collins , Colorado this 23rd day of December , 1925 . City Clerk City of Fort Collins , Colorado 7 - STATE OF COLORADO ) COUNTY OF LARIM ER ) ss . CITY OF FORT COLLINS ) (Attach affidavit of publication ) DDA5 - 8 - 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 1 successive weeks on Saturday 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 18th day of January , 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 18th day of January , A.D. 1996, 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. U-04 L Subscribed and sworn to before me, at and within the County of Larimer, State of Colorado this 18th day of .Tanuary A.D. 19 86 My commission expires T; Notary Public City Clerk Delivered to City of Fund oneys created as rlty for i mndebtedness of the Fort Collins Tx Re so Iafeeratio Sales J Vse tax Revenues to debt set vice on obligations secured ORDINANCE NO. 151,1965 thereby, including the Bonds, is AN ORDINANCE RELATING TO greater than 5 lot.Ifsuchllenhas AN AMENDMENT TO ORDI- not been discharged and released NANCE NO. I42, 1985 PROVID- and in the event such ratio is less ING FOR THE ISSUANCE AND than 5 to 1 at any time,and so long SALE OF CITY OF FORT COL as the ratio remains less than S to LINS,COLORADO,DOWNTOWN 1,the pledge and lien to secure the DEVELOPMENT AUTHORITY Series 1985A Bonds authorized by TAX INCREMENT REFUND- this Ordinance on revenues from ING BONDS. SERIES 1985A; the Sales and Use Tax and on the AND DECLARING AN FM ER Sales and Use Tax Fund shall be GENCY 70 EXIST REQUIRING on a parity with all indebtedness IMMEDIATE PASSAGE AND of the City secured by the Sales ADOPTION OF THIS ORDI I and Use Tax revenues and the NANCE. Sales and Use Tax Fund.The City WHEREAS.the City Council of further convenants and agrees the City of Fort Collin has that(i) If Series 1985A Bonds are adopted Ordinance No. 142, 1985 outstanding after January 1,2002 (the "Ordinance"), authorliing and (It) so long as the pledge of the issuance of City of Fort Col- and lien on Sales and Use Tax rev- ins, Colorado, Downtown Dever enues of the City and the Clty's opment Authority Tax Increment Sales and Use Tax Fund IS In force Refunding Bonds, Series 1985A pursuant to this Sectlon3.02,to Thai (the"Series 1985A Bonds"); extent not otherwise prohibited b WHEREAS, Municipal p Bond ed time,The gin and Use Will tain Tax Fund Insurance Assthe Series proposed as a fund of the City Separate 41Q(1O insurer of the Selves 1.0110 here distinct from ail other funds of flat requested that Section].02 N the City and will continue to levy, Ordinance be amended as impose administer, enforce and hereinafter provided; collect me Sales and.Use TfIx Is,a�1 WHEREAS, the marketed on 905A amount at least su"14tht TO Bonds have been marketed on the tknet ,VOY 1M ptincl I of, ram-' basis that MBIA willreamprovide an Y • insurance ppooIICY with respect fo Mum, If aBY, end In area 1fNf the Series 1983A Bontls, and EarleAl "64, it WHEREAS, the sale and The 1• RayttnYNr as issuance of the Series 1905A Bonds 'recafv�d 0y.>M1al��me• Is to take place on December liftr diately bo bled fQtlla 1965,making It necessary to aa�t pledge hereof,wnhopr any p�pptl4� this emergency ordlnancapM ny clot delivery thereof,MY iling°in order preserve public prol t any turther,aet,111e Ilan N Svc and avoid losingy svDstantla cdst ppledge ON toe 0D110a1bR savinga to be ed loved as a result IqI the contractual of the Issuance ofthe Series 1985A aN if,this Ordinance all. Bonds.- p prnbdtl ., }so Nhe lra y, ORDAINED BY THE COM1EIL IlOn ifA 1 19f I all°t Ibi OF THB CITY•OF FORT t0f+` and pindlga:0s Soo net all per L lNS Amenldment, That Sac11p1 302 havkl0 Clefma N anY kind in tort, of Ordinantir NO. 142, 19a4 bTa can11?? t(�r oth�erwlp aagqtaNNt IIM. hereby amended W that seed Ser CI�y.t°4yrespecllve of wMmw Well ton 3.02 reads as follows: per> have notify"Woo;p Sect{on 3.01. Pledge, Thera is yy)yes,Itart'Wof,flothltN cMfa hereby lrreVDcably pledded to fha hereI* Iiittbe caNtruM SacfaM payment of the principal of,prom. Iris a,INn on Ind Ch,y S saids and USa Tax Fund superlef to the 1Nh soft#4 pf ucn vnd Inrtoland IsfineItirly� N ab,INa an0f a shtls 11 y�nt tM IWuh F 111i17.`OMV vliK a/Wo„1N(N�iR ;, .7 addhlMo MN',•�nt! v1elMyrd�pt"mmecitynalta)R� vocably�NdgedtoWYmantof be 1 00�0pNdOod IOf.Bush Bonds this proCONls of apvt rail . peep akeOpl.�p thf hr»M Ifggbll 'tl011911 uad DY M vayet�t$tasaii0datlhtti'irtb+ thetaNF " Me 1 Rdwnuq 1 °�Aµ1F> Nrmf.abnlYinid IW 1M tlon, }ueh' flrn� DI'IBhanse or►MreDV eat41 >W6 Ilov fMi1t; rims Irmeld. �Aan,, OgyN .pungency Ordinance Sit dN1r,M�s111f• otdfifanp if neregbty daclarad�»c�M, `Ydaeniineiiligr 4 °^r°for 01mmWtl►Wall afloat nn,, {aaraYaary#t1 use Q!� p°50%Ot,tbe c pf t-ICltlzfeM of 2 off W> 1 -6ha1�4g1/tal�NInt epla�fp=aM If any, of p a nNMdf 111t�f�'1�. p f 1 Sorl �1rIW.RetNl: N60mb r iodinah..ex I renyht : Th I Ofdlnanr»la Ilona I d ark prJty. be a eondr of b tr�a D 1 ���„ the cttl!'herab ..tt. pl*dgae fio the pay� 'Noon 441 TM$ala�1of I p N al .ppr'em101"fl,lf•a of ryN 41111gM.taOMO X" est on%0 661111118. I ty yv ates a lien foe' try 1ne1 CNy a revanvea vf.NN a Vp •Use Tak andon tINn N tno seNSales and Use t ara DKam vldad however,at c#nrlof Datall� Fledged Revenu xr gy pafpr sold MN un ' IMN nzein eernin los011l»etaas RdVom af in NCU,,4 - ordine 1Npas,}Da complete consecbti ° pr olnd Npa1fs1 m l!MaOR�of Yeifa Shall hove been efppCy,9r11 Sly°Itamount at lent he,309f O.tha combined mail) me eity�pwfu ant » theft pr premium,If afw� I r' ad, ��td�� (n*W Ing due In any &W on fR•st and1111i1� Okclud rincfpa{N,premluM; ordered pgbli�i this 1if th at SerleO���S! Bonds In interest 4004)an the ue an the December,19Barbara S.Ru�[ri»!in Bonds"alfd on all of the city s WP . . �WYae slandind,tax Increment dub e• ill"if on a parity sallyM1�pds T' xraltcek'. t `' be ant to the ODA:Aa f Clty Clerk me and pledge created Il Via Coloradoan,U 04,Janusl`y emte 0a9.02 henot and UaA stnvenvre01 - anNtMe .s Soled Md tlga'� Fund°halt,. forffM'•, he dnd roldoled; proYidad iv however, that prNT » tNa dis- charge and release N the Nan and pledger on Me city'5 SaIN stub Ua1 Tax Rev*rrl1ues, iM City all, deposit sic amounts,if any,as required to restore.I11! Reserve Fund to a balance of moneys at least equal to f1,000,000.Uwill dis- charged or role ssatl wch pledge. and lien shall be subordinated to all 1lens on se id Sales and User Tex revenue• and 1he Sales and Use