HomeMy WebLinkAbout121 - 09/17/2002 - AUTHORIZING THE ISSUANCE OF CITY OF FORT COLLINS, COLORADO, GENERAL OBLIGATION WATER REFUNDING BONDS ,.�®
ORDINANCE NO. 121, 2002
AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF FORT
COLLINS, COLORADO, GENERAL OBLIGATION WATER REFUNDING
BONDS, SERIES 2002, DATED SEPTEMBER 15, 2002, IN THE
AGGREGATE PRINCIPAL AMOUNT OF $199255,000.
WHEREAS, the City of Fort Collins, Colorado (the "City"), has heretofore issued
and sold its General Obligation Water Refunding Bonds, Series 1992B, dated May 1, 1992, in
the original aggregate principal amount of$25,440,000 (the "1992B Bonds"); and
WHEREAS, there is outstanding of the 1992B Bonds the aggregate principal
amount of $12,925,000 maturing on December 1 in the following years in the following
aggregate principal amounts and bearing interest at the following per annum interest rates:
Years Principal Amounts Interest Rates
2002 $2,305,000 6.00%
2003 1,910,000 6.10
2004 2,025,000 6.20
2005 2,150,000 6.30
2006 2,290,000 6.40
2009 29245,000 6.40
and
WHEREAS, 1992B Bonds maturing in the year 2002 are not subject to optional
redemption prior to their maturity date, and 1992B Bonds maturing in the years 2003 and
thereafter are subject to optional redemption prior to their respective maturity dates, in whole or
in part in inverse order of maturity and by lot within a maturity, on December 1, 2002, and on
any interest payment date thereafter at a price equal to the principal amount of each 1992B Bond
so redeemed plus accrued interest thereon to the redemption date plus a premium expressed as a
percentage of the principal amount of each 1992B Bond so redeemed, depending on the
redemption date, as follows:
Redemption Dates Premiums
December 1, 2002, and June 1, 2003 1.0%
December 1, 2003, and June 1, 2004 0.5
December 1, 2004, and Thereafter None
and
WHEREAS, the City has heretofore issued and sold its General Obligation Water
Refunding Bonds, Series 1992C, dated October 1, 1992, in the original aggregate principal
amount of$11,805,000 (the "1992C Bonds"); and
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WHEREAS, there is outstanding of the 1992C Bonds the aggregate principal
amount of$9,145,000 maturing on December 1 in the following years in the following aggregate
principal amounts and bearing interest at the following per annum interest rates:
Years Principal Amounts Interest Rates
2002 $ 7209000 5.40%
2003 6259000 5.55
2004 665,000 5.65
2005 705,000 5.75
2006 7409000 5.85
2007 1,7859000 6.05
2008 199009000 6.00
2009 25005,000 6.00
and
WHEREAS, 1992C Bonds maturing in the year 2002 are not subject to optional
redemption prior to their maturity date, and 1992C maturing in the year 2003 and thereafter are
subject to optional redemption prior to their respective maturity dates, in whole or in part in
inverse order of maturity and by lot within a maturity, on December 1, 2002, and on any interest
payment date thereafter at a price equal to the principal amount of each 1992C Bond so
redeemed plus accrued interest thereon to the redemption date plus a premium expressed as a
percentage of the principal amount of each 1992C Bond so redeemed, depending on the
redemption date, as follows:
Redemption Dates Premiums
December 1, 2002, and June 1, 2003 1.0%
December 1, 2003, and Thereafter None
and
WHEREAS, the City desires to refund, pay and discharge and refinance at a
lower interest rate the 1992B Bonds and the 1992C Bonds (collectively, the "Prior Bonds"); and
WHEREAS, pursuant to Colorado Constitution art. XI, §6 and art. XX, §6, Art.
V, Sections 19.2 and 19.4 of the City Charter and part 1 of article 56 of title 11, Colorado
Revised Statutes, as amended (the "Act"), the City Council (the "Council") has determined to
issue City of Fort Collins, Colorado, General Obligation Water Refunding Bonds, Series 2002,
dated September 15, 2002, in the aggregate principal amount of$19,255,000 (the "Bonds") for
the p urpose o f r efunding, paying and discharging and refinancing at a lower interest rate the
Prior Bonds in order to reduce the net effective interest rate; reduce the total interest payable;
reduce the total principal and interest payable or the principal and interest payable in any
particular year or years, or effect other economies; or any combination of the foregoing; and
WHEREAS, the Financial Officer of the City has heretofore caused to be
distributed to prospective purchasers of the Bonds an Official Notice of Bond Sale, dated
September 9, 2002 (the "Official Notice of Bond Sale"), and a Preliminary Official Statement,
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dated September 9, 2002 (the "Preliminary Official Statement"), relating to the Bonds, received
bids for the purchase of the Bonds, determined that the bid of Zions First National Bank (the
"Purchaser") to purchase the Bonds at a price equal to the aggregate principal amount thereof
plus accrued interest from the date thereof to the delivery date thereof plus a premium of
$13,295.77 is the best bid therefor and recommended that said proposal be accepted by the
Council; and
WHEREAS, there have been filed with the City Clerk the forms of the Official
Notice of Bond Sale, the Preliminary Official Statement and an Escrow Agreement, dated as of
September 15, 2002 (the "Escrow Agreement"), between the City and The Bank of Cherry
Creek, a Branch of Western National Bank(the "Escrow Bank").
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS,
COLORADO, AS FOLLOWS:
1. Award of Contract; Approval of Official Notice of Bond Sale and
Preliminary Official Statement. The contract for the purchase of the Bonds is hereby awarded to
the Purchaser at the price specified in the Purchaser's bid and upon the terms set forth in this
ordinance (this "Ordinance"). The Council hereby approves the Official Notice of Bond Sale and
the Preliminary Official Statement and ratifies the use and distribution of the Preliminary
Official Statement by the Purchaser in marketing the Bonds.
2. Authorization and Description. For the purpose of refunding, paying and
discharging and refinancing at a lower interest rate the Prior Bonds, the City shall issue the
Bonds pursuant to Colorado Constitution art. XI, §6 and art. XX, §6, Art. V, Sections 19.2 and
19.4 of the City Charter and the Act.
The Bonds shall be issued in fully registered form and shall initially be registered
in the name of The Depository Trust Company, a limited purpose trust company organized under
the laws of the State of New York, as securities depository for the Bonds (the "Securities
Depository"), or a nominee therefor. Purchases by beneficial owners of the Bonds ("Beneficial
Owners") shall be made in book-entry form in the principal amount of$5,000 or any integral
multiple thereof. The Beneficial Owners shall not receive certificates evidencing their interests in
the Bonds. No Bond shall be issued in any denomination larger than the aggregate principal
amount maturing on the maturity date of such Bond, and no Bond shall be made payable on more
than one maturity date. The Bonds shall be initially issued so that a single Bond shall evidence
the obligation of the City to pay all principal due on each of the maturity dates set forth herein.
Pursuant to the recommendations of the Committee on Uniform Security
Identification Procedures, CUSIP numbers may be printed on the Bonds.
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The Bonds shall mature on December 1 in the following years in the following
aggregate principal amounts and shall bear interest from September 15, 2002, or the interest
payment dates to which interest has been paid next preceding their respective dates, whichever is
later, to their respective maturity dates, except if redeemed prior thereto, at the following per
annum interest rates:
Years Principal Amounts Interest Rates
2003 $2,845,000 2.25%
2004 2,955,000 2.25
2005 3900000 2.25
2006 3,0609000 2.25
2007 2,395,000 2.50
2008 29465,000 2.70
2009 295359000 2.75
Said interest shall be payable on June 19 2003, and semiannually thereafter on the first day of
December and the first day of June of each year. If upon presentation at maturity the principal of
any Bond is not paid as provided herein, interest shall continue thereon at the same interest rate
until the principal thereof is paid in full.
3. Net Effective Interest Rate. The maximum net effective interest rate for
the Bonds is 15% per annum. The actual net effective interest rate for the Bonds is 2.476809%
per annum.
4. Nature of Obligation. The Bonds shall be general obligations of the City
and shall be payable from general ad valorem taxes and water revenues as provided herein.
5. Payment of Principal, Interest and Premium. The principal of, interest on
and any premium due in connection with the redemption of the Bonds shall be payable in lawful
money of the United States of America to the registered owners of the Bonds by the Financial
Officer of the City, as paying agent (the "Paying Agent"). The principal and the final installment
of interest shall be payable to the registered owner of each Bond upon presentation and surrender
thereof at maturity or upon prior redemption by check or draft mailed to the registered owner at
the address appearing on the registration books of the City maintained by the Financial Officer of
the City, as registrar(the "Registrar"), or by wire transfer to such bank or other depository as the
registered owner shall designate in writing to the Paying Agent. Except as hereinbefore and
hereinafter provided, the interest shall be payable to the registered owner of each Bond
determined as of the close of business on the fifteenth day of the calendar month next preceding
the interest payment date (the "Regular Record Date"), irrespective of any transfer of ownership
of the Bond subsequent to the Regular Record Date and prior to such interest payment date, by
check or draft or wire transfer directed to such registered owner as aforesaid. Any interest not
paid when due and any interest accruing after maturity shall be payable to the registered owner
of each Bond entitled to receive such interest determined as of the close of business on a date
fixed by the Paying Agent for such purpose (the "Special Record Date"), irrespective of any
transfer of ownership of the Bond subsequent to the Special Record Date and prior to the date
fixed by the Paying Agent for the payment of such interest, by check or draft or wire transfer
directed to such registered owner as aforesaid. Notice of the Special Record Date and of the date
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fixed for the payment of such interest shall be given by sending a copy thereof by certified or
registered first-class postage prepaid mail, at least fifteen (15) days prior to the Special Record
Date, to the registered owner of each Bond upon which interest will be paid determined as of the
close of business on the day preceding such mailing at the address appearing on the registration
books of the City. Any premium shall be payable to the registered owner of each Bond redeemed
upon presentation and surrender thereof upon prior redemption by check or draft or wire transfer
directed to such registered owner as aforesaid. If the date for making or giving any payment,
determination or notice described herein is a Saturday, Sunday, legal holiday or any other day on
which the office of the Paying Agent or Registrar is authorized or required by law to remain
closed, such payment, determination or notice shall be made or given on the next succeeding day
which is not a Saturday, Sunday, legal holiday or other day on which the office of the Paying
Agent or Registrar is authorized or required by law to remain closed.
So 1 ong a s t he r egistered o wner o f any Bond is the Securities Depository or a
nominee therefor, the Securities Depository shall disburse any payments received, through
participating underwriters, securities brokers or dealers, banks, trust companies, closing
corporations or other persons or entities for which the Securities Depository holds Bonds
("Participants") or otherwise, to the Beneficial Owners.
Neither the City nor the Paying Agent shall have any responsibility or obligation
for the payment to any Participant, any Beneficial Owner or any other person or entity (except a
registered owner of Bonds) of the principal of, interest on or any premium due in connection
with the redemption of the Bonds.
6. Redemption. The Bonds shall not be subject to optional redemption prior
to their respective maturity dates.
7. Execution and Authentication. The Bonds shall be executed by and on
behalf of the City with the facsimile or manual signature of the Mayor, shall bear a facsimile or
manual impression of the seal of the City, shall be attested with the facsimile or manual signature
of the City Clerk, shall be countersigned with the facsimile or manual signature of the Financial
Officer of the City, and shall be authenticated with the manual signature of the Registrar. Should
any officer whose facsimile or manual signature appears on the Bonds cease to be such officer
before issuance and delivery of any Bond, such facsimile or manual signature shall nevertheless
be valid and sufficient for all purposes. No Bond shall be valid or become obligatory for any
purpose or be entitled to any security or benefit under this Ordinance unless and until the
certificate of authentication on such Bond shall have been duly executed by the Registrar, and
such executed certificate upon any such Bond shall be conclusive evidence that such Bond has
been authenticated and delivered under this Ordinance.
8. Registration, Transfer and Exchange. Upon their execution and
authentication and prior to their delivery the Bonds shall be registered for the purpose of
payment of principal and interest with the Registrar. Initially, each Bond shall be registered in
the name of the Securities Depository or a nominee therefor. Except as hereinafter provided, all
of the Bonds shall continue to be registered in the name of the Securities Depository or a
nominee therefor. To the extent that typewritten Bonds, rather than printed Bonds, are to be
delivered, such modifications to the form of Bond as may be necessary or desirable in such case
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are hereby authorized and approved. There shall be no substantive change to the terms and
conditions set forth in the form of Bond, except as otherwise authorized by this Ordinance or any
amendment thereto.
Neither the City nor the Registrar shall have any responsibility or obligation with
respect to the accuracy of the records of the Securities Depository or a nominee thereof or any
Participant regarding any ownership interest in the Bonds or the delivery to any Participant,
Beneficial Owner or any other person or entity (except a registered owner of Bonds) of any
notice with respect to the Bonds.
The Bonds shall be transferable only upon the registration books of the City by
the Financial Officer of the City, as transfer agent (the "Transfer Agent"), at the request of the
registered owner thereof or his, her or its duly authorized attorney-in-fact or legal representative.
A Bond may be transferred upon surrender thereof together with a written instrument of transfer
duly executed by the registered owner or his, her or its duly authorized attorney-in-fact or legal
representative with guaranty of signature satisfactory to the Transfer Agent, containing written
instructions as to the details of the transfer, along with the social security number or federal
employer identification number of the transferee and, if the transferee is a trust, the names and
social security numbers of the settlors and the beneficiaries of the trust. The Transfer Agent shall
not be required to transfer ownership of any Bond during the fifteen (15) days prior to the first
mailing of any notice of redemption or to transfer ownership of any Bond selected for
redemption on or after the date of such mailing. The registered owner of any Bond or Bonds may
also exchange such Bond or Bonds for another Bond or Bonds of authorized denominations.
Transfers and exchanges shall be made without charge, except that the Transfer Agent may
require payment of a sum sufficient to defray any tax or other governmental charge that may
hereafter be imposed in connection with any transfer or exchange of Bonds. No transfer of any
Bond shall be effective until entered on the registration books of the City. In the case of every
transfer or exchange, the Transfer Agent shall deliver to the new registered owner a new Bond or
Bonds of the same aggregate principal amount, maturing in the same year, and bearing interest at
the same per annum interest rate as the Bond or Bonds surrendered. Such Bond or Bonds shall be
dated as of their date of authentication. New Bonds delivered upon any transfer or exchange shall
be valid obligations of the City, evidencing the same debt as the Bonds surrendered, shall be
secured by this Ordinance, and shall be entitled to all of the security and benefits hereof to the
same extent as the Bonds surrendered. The City may deem and treat the person or entity in
whose name any Bond is last registered upon the books of the City as the absolute owner thereof
for the purpose of receiving payment of the principal of, interest on, and any premium due in
connection with the redemption of such Bond and for all other purposes, and all such payments
so m ade t o s uch p erson o r e ntity o r upon h is,h er o n is o rder s hall b e v alid and e ffective t o
satisfy and discharge the liability of the City upon such Bond to the extent of the sum or sums so
paid, and the City shall not be affected by any notice to the contrary.
Neither the City nor the Transfer Agent shall have any responsibility or obligation
with respect to the accuracy of the records the Securities Depository or its Participants regarding
any ownership interest in the Bonds or transfers thereof.
The City may remove the Securities Depository and the Securities Depository
may resign by giving sixty (60) days' written notice to the other of such removal or resignation.
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Additionally, the Securities Depository shall be removed sixty(60) days after receipt by the City
of written notice from the Securities Depository to the effect that the Securities Depository has
received written notice from Participants having interests, as shown in the records of the
Securities Depository, in an aggregate principal amount of not less than 50% of the aggregate
principal amount of the then outstanding Bonds to the effect that the Securities Depository is
unable or unwilling to discharge its responsibilities or a continuation of the requirement that all
of the outstanding Bonds be registered in the name of the Securities Depository or a nominee
thereof or is not in the best interests of the Beneficial Owners. Upon the removal or resignation
of the Securities Depository, the Securities Depository shall take such action as may be
necessary to assure the orderly transfer of the computerized book-entry system with respect to
the Bonds to a successor securities depository or, if no successor securities depository is
appointed as herein provided, the transfer of the Bonds in certificate form to the Beneficial
Owners or their designees. Upon the giving of notice by the City of the removal of the Securities
Depository, the giving of notice by the Securities Depository of its resignation or the receipt by
the City of notice with respect to the written notice of Participants referred to herein, the City
may, within sixty (60) days after the giving of such notice, appoint a successor securities
depository upon such terms and conditions as the City shall impose. Any such successor
securities depository shall at all times be a registered clearing agency under the Securities and
Exchange Act of 1934, as amended, or other applicable statute or regulation, and in good
standing thereunder. If the City fails to appoint a successor securities depository within such time
period, the Bonds shall no longer be restricted to being registered in the name of the Securities
Depository or a nominee therefor, but may be registered in whatever name or names registered
owners transferring or exchanging Bonds shall designate.
9. Replacement of Bonds. If a ny Bond s hall h ave b een 1 ost, d estroyed o r
wrongfully taken, the City shall provide for the replacement thereof in the manner set forth and
upon receipt of the evidence, indemnity bond and reimbursement for expenses provided in
Section 8-41 of the City Code.
10. Recitals in Bonds. Each Bond shall recite that it is issued under the
authority of the Constitution of the State of Colorado, the City Charter, the Act and this
Ordinance. The Act provides that such recital conclusively imparts full compliance with all of
the provisions and limitations thereof and that the Bonds containing such recital are incontestable
for any cause whatsoever after their delivery for value.
11. Form of Bonds. The Bonds shall be in substantially the following form:
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[Form of Bond]
(Text of Face)
UNITED STATES OF AMERICA
STATE OF COLORADO COUNTY OF LARIMER
CITY OF FORT COLLINS
GENERAL OBLIGATION WATER REFUNDING BOND
SERIES 2002
No. R-
Interest Maturity Original
Rate Date Date CUSIP
December 1, September 15, 2002
REGISTERED OWNER: Cede & Co.
PRINCIPAL SUM: Thousand Dollars
The C ity o f Fort C ollins, i n t he County of Larimer and State of Colorado, for
value received, hereby acknowledges itself indebted and promises to pay to the Registered
Owner (specified above), or registered assigns, the Principal Sum (specified above), in lawful
money of the United States of America, on the Maturity Date (specified above), with interest
thereon from the Original Date (specified above), or the interest payment date to which interest
has been paid next preceding the date hereof, whichever is later, to the Maturity Date, except if
redeemed prior thereto, at the per annum Interest Rate (specified above), payable semiannually
on the first day of June and the first day of December of each year, commencing on June 1, 2003,
or the first such date after the date hereof, whichever is later, in the manner provided herein. If
upon presentation at maturity payment of the Principal Sum is not made as provided herein,
interest thereon continues at the Interest Rate until the Principal Sum is paid in full.
The Bonds are not subject to optional redemption prior to their respective
maturity dates.
The principal of, interest on and any premium due in connection with the
redemption of this Bond are payable to the Registered Owner by the Financial Officer of the
City, as paying agent. The principal and the final installment of interest are payable to the
Registered Owner upon presentation and surrender of this Bond at maturity or upon prior
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redemption by check or draft mailed to the Registered Owner at the address appearing on the
registration books of the City maintained by the Financial Officer of the City, as registrar, or by
wire transfer to such bank or other depository as the Registered Owner shall designate in writing
to the paying agent. Except as hereinbefore or hereinafter provided, the interest is payable to the
Registered Owner determined as of the close of business on the regular record date, which is to
be the fifteenth day of the calendar month next preceding the interest payment date, irrespective
of any transfer of ownership hereof subsequent to the regular record date and prior to such
interest payment date, by c heck or draft o r w ire t ransfer d irected t o t he R egistered O wrier a s
aforesaid. Any interest hereon not paid when due and any interest hereon accruing after maturity
is payable to the Registered Owner determined as of the close of business on the special record
date, which is to be fixed by the paying agent for such purpose, irrespective of any transfer of
ownership of this Bond subsequent to such special record date and prior to the date fixed by the
paying agent for the payment of such interest, by check or draft or wire transfer directed to the
Registered Owner as aforesaid. Notice of the special record date and of the date fixed for the
payment of such interest is to be given by sending a copy thereof by certified or registered first-
class postage prepaid mail, at least fifteen (15) days prior to the special record date, to the
registered owner of each Bond upon which interest will be paid determined as of the close of
business on the day preceding such mailing at the address appearing on the registration books of
the City. Any premium is payable to the Registered Owner upon presentation and surrender of
this Bond upon prior redemption by check or draft or wire transfer directed to the Registered
Owner as aforesaid. If the date for making or giving any payment, determination or notice
described herein is a Saturday, Sunday, legal holiday or any other day on which the office of the
paying agent or registrar is authorized or required by law to remain closed, such payment,
determination or notice is to be made or given on the next succeeding day which is not a
Saturday, Sunday, legal holiday or other day on which the office of the paying agent or registrar
is authorized or required by law to remain closed.
So long as the Registered Owner is the securities depository or a nominee
therefor, the securities depository is to disburse any payments received, through its participants
or otherwise,to the beneficial owner or owners hereof.
Neither the City nor the paying agent has any responsibility or obligation for the
payment to any participant, any beneficial owner hereof or any other person or entity (except the
Registered Owner) of the principal of, interest on or any premium due in connection with the
redemption of this Bond.
Neither the City nor the registrar has any responsibility or obligation with respect
to the accuracy of the records of the securities depository or a nominee thereof or any participant
with respect to any ownership interest in the Bonds or the delivery to any participant, beneficial
owner or any other person or entity (except the Registered Owner) of any notice with respect to
the Bonds.
This Bond is issued by the City for the purpose of refunding, paying and
discharging and refinancing at a lower interest rate certain outstanding general obligation water
refunding bonds of the City pursuant to,by virtue of, and in full conformity with the Constitution
of the State of Colorado, the City Charter, part 1 of article 56 of title 11, Colorado Revised
Statutes, as amended, and all other laws of the State of Colorado thereunto enabling, and
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pursuant to an ordinance of the City duly adopted prior to the issuance of this Bond. The
foregoing recital conclusively imparts full compliance with all of the provisions and limitations
of the above-cited statute, and said statute provides that this Bond is incontestable for any cause
whatsoever after its delivery for value.
It is hereby recited, certified and warranted that the total indebtedness of the City,
including that of this Bond, does not exceed any constitutional, charter or statutory limitation of
the State of Colorado or of the City; that provision has been made for the levy and collection of
general (ad valorem) taxes on all the taxable property within the City and for the pledge of the
net revenues derived from the operation of the water system of the City in amounts sufficient to
pay the principal of and interest on this Bond as the same become due; and that this Bond
constitutes a first lien(but not necessarily an exclusive first lien) on said net revenues.
Reference is hereby made to the ordinance of the City authorizing the issuance of
this Bond, and to any and all modifications thereof and amendments thereto, for a description of
the provisions, terms and conditions upon which this Bond is issued and secured, including,
without limitation, definition of terms used herein, the nature and extent of the security for this
Bond, provisions with respect to the application of the proceeds of this Bond, the rights, duties
and obligations o f the City and the members of its Council, and the rights of the Registered
Owner.
This Bond is transferable only upon the registration books of the City by the
Financial Officer of the City, as transfer agent, at the request of the Registered Owner or his, her
or its duly authorized attorney-in-fact or legal representative, upon surrender hereof together
with a written instrument of transfer duly executed by the Registered Owner or his, her or its
duly authorized attorney-in-fact or legal representative with guaranty of signature satisfactory to
the transfer agent, containing written instructions as to the details of the transfer, along with the
social security number or federal employer identification number of the transferee and, if the
transferee is a trust, the names and social security numbers of the settlors and beneficiaries of the
trust. The transfer agent is not required to transfer ownership of this Bond during the fifteen (15)
days prior to the first mailing of any notice of redemption or to transfer ownership of any Bond
selected for redemption on or after the date of such mailing. The Registered Owner may also
exchange this Bond for another Bond or Bonds of authorized denominations. Transfers and
exchanges are to be made without charge, except that the transfer agent may require payment of
a sum sufficient to defray any tax or other governmental charge that may hereafter be imposed in
connection with any transfer or exchange of Bonds. No transfer of this Bond is to be effective
until entered on the registration books of the City. In the case of every transfer or exchange, the
transfer agent is to deliver to the new registered owner a new Bond or Bonds of the same
aggregate principal amount, maturing in the same year, and bearing interest at the same per
annum interest rate as the Bond or Bonds surrendered. Such Bond or Bonds are to be dated as of
their date of authentication. The City may deem and treat the person or entity in whose name this
Bond is last registered upon the books of the City as the absolute owner hereof for the purpose of
receiving payment of the principal of, interest on, and any premium due in connection with the
redemption of this Bond and for all other purposes, and all such payments so made to such
person or entity or upon his, her or its order will be valid and effective to satisfy and discharge
the liability of the City upon this Bond to the extent of the sum or sums so paid, and the City will
not be affected by any notice to the contrary.
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Neither the City nor the transfer agent has any responsibility or obligation with
respect to the accuracy of the records of the securities depository or its participants regarding any
ownership interest in the Bonds or transfers thereof.
The City may remove the securities depository and the securities depository may
resign by giving sixty (60) days' written notice to the other of such removal or resignation.
Additionally, the securities depository is to be removed sixty (60) days after receipt by the City
of written notice from the securities depository to the effect that the securities depository has
received written notice from participants having interests, as shown in the records of the
securities depository, in an aggregate principal amount of not less than 50%o f the aggregate
principal amount of the then outstanding Bonds to the effect that the securities depository is
unable or unwilling to discharge its responsibilities or a continuation of the requirement that all
of the outstanding B onds be r egistered in the name of t he s ecurities d epository o r a n ominee
thereof or is not in the best interests of the beneficial owners. Upon the removal or resignation of
the securities depository, the securities depository is to take such action as may be necessary to
assure the orderly transfer of the computerized book-entry system with respect to the Bonds to a
successor securities depository or, if no successor securities depository is appointed as herein
provided, the transfer of the Bonds in certificate form to the beneficial owners or their designees.
Upon the giving of notice by the City of the removal of the securities depository, the giving of
notice by the securities depository of i is r esignation o r t he r eceipt b y t he C ity of n otice w ith
respect to the written notice by participants referred to herein, the City may, within sixty (60)
days after the giving of such notice, appoint a successor securities depository upon such terms
and conditions as the City shall impose. Any such successor securities depository must at all
times be a registered clearing agency under the Securities and Exchange Act of 1934, as
amended, or other applicable statute or regulation and in good standing thereunder. If the City
fails to appoint a successor securities depository within such time period, the Bonds are no
longer to be restricted to being registered in the name of the securities depository or a nominee
therefor, but may be registered in whatever name or names registered owners transferring or
exchanging Bonds shall designate.
The full faith and credit of the City is hereby pledged for the punctual payment of
the principal of and interest on this Bond.
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IN WITNESS WHEREOF, the City has caused this Bond to be executed in its
name and on its behalf with the facsimile or manual signature of the Mayor of the City, to be
sealed with a facsimile or manual impression of the seal of the City, to be attested with the
facsimile or manual signature of the City Clerk of the City, and to be countersigned with the
facsimile or manual signature of the Financial Officer of the City.
CITY OF FORT COLLINS, COLORADO
(CITY) By: (Facsimile or Manual Signature)
(SEAL) Mayor
ATTEST:
(Facsimile or Manual Signature)
City Clerk
Countersigned:
(Facsimile or Manual Signature)
Financial Officer
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CERTIFICATE OF AUTHENTICATION
This Bond is issued pursuant to the Ordinance herein described. Attached hereto is the complete
text of the opinion of bond counsel, Ballard Spahr Andrews & Ingersoll, LLP, Denver, Colorado,
a signed copy of which, dated the date of the first delivery of the Bonds herein described, is on
file with the undersigned.
FINANCIAL OFFICER OF THE CITY
as registrar
(Manual Signature)
Dated:
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,�.
ABBREVIATIONS
The following abbreviations, when used in the inscription on the face of this Bond, shall be
construed as though they were written out in full according to applicable laws or regulations.
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with the right of survivorship and not as tenants
in common
UNIF TRANS MIN ACT - Custodian
(Gust) (Minor)
under Uniform Transfers to Minors Act
(State)
Additional abbreviations may also be used
though not on the above list.
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ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto
PLEASE INSERT SOCIAL SECURITY OR
OTHER IDENTIFYING NUMBER OF ASSIGNEE
(Name and Address of Assignee)
this Bond and does hereby irrevocably constitute and appoint ,
, , or its successors, to transfer this Bond on the books kept for
registration thereof.
Dated:
Signature guaranteed:
(Eligible Guarantor Institution)
NOTICE: The signature to this
assignment must correspond with the name
of the Registered Owner as it appears upon
the face of this Bond in every particular
without alteration or enlargement or any
change whatever.
[End of Form of Bond]
15
12. Disposition of Bonds and Proceeds. The Bonds, when executed,
authenticated and registered as provided herein, shall be delivered by the City to the Purchaser
upon receipt of full payment therefor.
Interest accrued on the Bonds from the date thereof to the delivery date thereof
shall be applied to the payment of interest first due on the Bonds. The original proceeds of the
Bonds, exclusive of accrued interest, shall be used for the purposes stated herein and for no other
purposes, provided, however, that any portion of the Bond proceeds may be temporarily invested
pending such use, with such temporary investment to be made consistent with the covenant made
in Section 19 hereof. Neither the Purchaser nor any subsequent owner of the Bonds shall be in
any way responsible for the application of the proceeds of the Bonds by the City or any of its
officers.
13. Escrow Fund. A special fund is hereby created and designated as the "City
of Fort Collins, Colorado, General Obligation Water Refunding Bonds, Series 2002, Escrow
Fund" (the "Escrow Fund"). A portion of the original proceeds of the Bonds, exclusive of
accrued interest, together with other funds of the City, shall be deposited in the Escrow Fund as
provided in the Escrow Agreement. The City shall purchase the bills, certificates of
indebtedness, notes, bonds or similar securities that are direct obligations of, or the principal and
interest of which obligations are unconditionally guaranteed by, the United States of America
("Federal Securities") in which the moneys in the Escrow Fund are to be invested and fund the
required cash balance as provided in the Escrow Agreement. The Escrow Fund shall be
maintained in an amount at the time of the deposit therein, and at all times subsequent, at least
sufficient, together with the known minimum yield to be derived from the investment of the
deposits therein or any part thereof in Federal Securities, to pay the principal of, interest on and
any premium due in connection with the redemption of the Prior Bonds as the same become due.
Moneys shall be withdrawn by the Escrow Bank from the Escrow Fund in sufficient amounts
and at times to permit the payment of said amounts. Any moneys remaining in the Escrow Fund
after provision has been made for the payment of said amounts shall be applied to any lawful
purposes of the City as the Council may hereafter determine. If for any reason the amount in the
Escrow Fund shall at any time be insufficient for the purposes hereinbefore set forth, the City
shall forthwith from the first moneys available therefor deposit therein such additional moneys as
shall be necessary to permit the payment in full of said amounts.
14. Redemption of Prior Bonds;Notice of Refunding and Redemption of Prior
Bonds. The City hereby exercises its option to redeem the Prior Bonds maturing in the year 2003
and thereafter prior to their respective maturity dates on December 1, 2002, at a price equal to
the principal amount of each Prior Bond so redeemed plus accrued interest thereon to the
redemption d ate p lus a p remium a qual t o 1 %o f t he p rincipal amount of each Prior Bond so
redeemed. The Escrow Bank, on behalf of the paying agent for the Prior Bonds, is hereby
authorized and directed to give no earlier than October 2, 2002, nor later than October 31, 2002,
notice of refunding and redemption of the Prior Bonds. The notice of refunding and redemption
of the Prior Bonds shall be given by sending a copy of such notice by certified or registered first-
class postage prepaid mail to the registered owners of each of the Prior Bonds at the addresses
appearing on the registration books of the City and shall forthwith send such notice of refunding
and redemption to the Securities Depository by legible telecopy, registered or certified mail or
overnight delivery and otherwise comply with the Letter o f Representations, dated March 15,
16
-O*+,
1992, between the City and the Securities Depository. Any such notice of refunding and
redemption sent to the Securities Depository shall include the CUSIP numbers of the Prior
Bonds. The notice of refunding and redemption of the Prior Bonds shall be in substantially the
following form:
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[Form of Notice]
NOTICE OF REFUNDING AND REDEMPTION
OF
CITY OF FORT COLLINS, COLORADO
GENERAL OBLIGATION WATER REFUNDING BONDS
SERIES 1992B
DATED MAY 1, 1992 - $25,440,000
CUSIP NUMBERS 347100
AND
CITY OF FORT COLLINS, COLORADO
GENERAL OBLIGATION WATER REFUNDING BONDS
SERIES 1992C
DATED OCTOBER 1, 1992 - $11,805,000
CUSIP NUMBERS 347100 _
NOTICE IS HEREBY GIVEN to the registered owners of all outstanding City of
Fort Collins, Colorado, General Obligation Water Refunding Bonds, Series 1992B, dated May 1,
1992, in the original aggregate principal amount of $25,440,000 and City of Fort Collins,
Colorado, General Obligation Water Refunding Bonds, Series 1992C, dated October 1, 1992, in
the original aggregate principal amount of$11,805,000 (collectively, the "Prior Bonds") that the
City of Fort Collins, Colorado (the "City"), has issued General Obligation Water Refunding
Bonds, Series 2002, dated September 15, 2002, in the aggregate principal amount of
$19,255,000, and deposited a portion of the proceeds thereof, together with other funds of the
City, in escrow with The Bank of Cherry Creek, a Branch of Western National Bank, Denver,
Colorado, which proceeds have been invested in bills, certificates of indebtedness, notes or
bonds that are direct obligations of, or the principal and interest of which obligations are
unconditionally guaranteed by, the United States of America for the payment of the principal of,
interest on and any premium due in connection with the redemption of the Prior Bonds as the
same become due.
According to a report pertaining to such escrow prepared by Clifton Gunderson
LLP, a firm of certified public accountants licensed to practice in the State of Colorado, the
escrow, including the known minimum yield from such investments, is fully sufficient at the
time of the deposit and at all times subsequently, to pay the principal of, interest on and any
premium due in connection with the redemption of the Prior Bonds as the same become due.
NOTICE IS FURTHER HEREBY GIVEN that the City has exercised its option
to redeem in whole the Prior Bonds maturing in the year 2003 and thereafter, numbered ,
prior to their respective maturity dates, on December 1, 2002, at a price equal to the principal
amount of each Prior Bond so redeemed plus accrued interest thereon to the redemption date plus
a premium equal to 1% of the principal amount of each Prior Bond so redeemed.
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On the redemption date there will become and will be due and payable upon each
Prior Bond so to be redeemed the principal amount thereof plus accrued interest thereon to the
redemption date plus the premium due, and from and after the redemption date interest will cease
to accrue. Each Prior Bond so to be redeemed will be redeemed on or after the redemption date
upon presentation and surrender thereof.
DATED this day of October, 2002.
THE BANK OF CHERRY CREEK
a Branch of Western National Bank
as escrow bank
Authorized Signatory
[End of Form of Notice]
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15. Water Fund. The remaining portion of the original proceeds of the Bonds,
exclusive of accrued interest, shall be deposited in the Water Fund of the City (the "Water
Fund"). Bond proceeds so deposited shall be withdrawn and expended for the purpose of paying
the costs of issuing the Bonds. Any Bond proceeds remaining in the Water Fund after the
payment of the costs of issuing the Bonds shall be applied to any lawful purposes of the City as
the Council may hereafter determine.
16. Pledge of Ad Valorem Taxes and Water Revenues. If required, the interest
to become due on the Bonds in 2003 shall be advanced from any revenues or funds of the City
lawfully available therefor. For the purpose of reimbursing any such advance and also for the
purpose of paying the principal of and interest on the Bonds as the same become due and
payable, the Council shall annually fix and certify a rate of levy for general ad valorem taxes to
the Board of County Commissioners of Larimer County, Colorado, which taxes, when levied on
all of the taxable property in the City in each year so long as any Bonds remain outstanding, will
raise general ad valorem tax revenues sufficient to make such reimbursement and to pay such
Bond principal and interest as the same become due. In the event any of said levies shall fail to
produce an amount sufficient to pay the principal of and interest on the Bonds becoming due in
the next succeeding year, the deficit shall be made up in the next levy, and taxes shall be levied
until the principal of and interest on the Bonds shall be fully paid or discharged.
In addition to the provision for tax levies for the payment of the Bonds, the City
hereby irrevocably pledges to pay the principal of and the interest on the Bonds from the net
revenues of the Water System. The City hereby reserves the right to secure, without restriction,
any water bonds, water refunding bonds and leases and contracts relating to the Water System
hereafter issued or entered into by the City equally and ratably with the Bonds. The City also
hereby commits itself to fix and annually to maintain rates, fees, tolls, and charges for water and
services furnished by the Water System that, together with other moneys legally available
therefor, will be sufficient to pay operation and maintenance expenses of the Water System and
the principal of and interest on all bonds and other obligations of the City pertaining to the Water
System, as they respectively become due, and for the other payments required by Art. XII,
Section 6 of the Charter of the City. The term "net revenues" as used herein refers to the gross
revenues of the Water System after the payment of operation and maintenance expenses. The
term "operation and maintenance expenses" as used herein means all current reasonable and
necessary expenses of operating, maintaining and repairing the Water System but does not
include any allowance for depreciation or capital replacements and improvements. The term
"Water System" as used herein includes not only the property comprising the Water System of
the City at the present time, but all additions and betterments thereto and improvements and
extensions thereto which may hereafter be acquired, constructed or installed by the City.
It shall be the duty of the Council annually at the time and in the manner provided
by law, if such action shall be necessary to effectuate the provisions of this Ordinance, to ratify
and carry out the provisions hereof with reference to the levy and collection of the general ad
valorem taxes and the imposition, administration, enforcement and collection of the water rates,
fees, tolls and charges, all as herein specified, and to require the officers of the City to levy,
extend and collect said general ad valorem taxes in the manner provided by law and to impose,
administer, enforce and collect said water rates, fees, tolls and charges for the purpose of
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providing funds for the payment of the operation and maintenance expenses of the Water System
and the payment of the principal of and interest on the Bonds as the same become due.
17. Use of Water Fund. Interest accrued on the Bonds from the date thereof to
the delivery date thereof and all general ad valorem taxes levied for water purposes and all water
revenues, when collected, shall be deposited in the Water Fund. From any moneys on deposit in
the Water Fund or, if required, from any other unrestricted fund of the City, the City shall pay
each maturing installment of principal and interest on the Bonds and any other obligations issued
and made payable from the Water Fund until the Bonds, both principal and interest, shall be fully
paid or discharged. Nothing herein contained shall be so construed as to prevent the City from
committing and applying any other funds or revenues that may now or hereafter be in the
possession of the City and legally available for the purpose of payment of the principal of and
interest on the Bonds.
18. Excess Investment Earnings Account. There is hereby created within the
Water Fund the City of Fort Collins, Colorado, General Obligation Water Refunding Bonds,
Series 2002, Excess Investment Earnings Account (the "Excess Investment Earnings Account"),
into which the Financial Officer shall transfer, and from which the Financial Officer shall pay,
the amount of required arbitrage rebate, if any, due to the United States government under
Sections 103 and 148(f) (2) of the Internal Revenue Code of 1986, as amended (the "Tax Code"),
and regulations promulgated thereunder. The Financial Officer shall determine such amounts in
the manner required by the Tax Code and related regulations. Transfer of the required arbitrage
rebate amounts shall be made from the Water Fund, provided, however, that required arbitrage
rebate payments shall be made to the United States government from any legally available funds
if there are no moneys in the Water Fund available for such purpose.
All amounts in the Excess Investment Earnings Account, including income earned
from the investment of moneys therein, shall be held by the Financial Officer free and clear of
any lien created by this Ordinance, and the Financial Officer shall pay required arbitrage rebate
amounts over to the United States government from time to time as the Financial Officer shall
determine, provided that the Financial Officer shall so pay over to the United States of America
(a) not less frequently than once each five years after the date of issuance of the Bonds, an
amount equal to 90% of the required arbitrage rebate amount earned during such period (and not
theretofore paid to the United States government) and (b) not later than sixty (60) days after the
redemption of the last Bond, 100% of the required arbitrage rebate amount.
19. Tax Matters. The City shall make no investment or other use of the
proceeds of the Bonds that, if such investment or other use had been reasonably expected on the
date of issue of the Bonds, would have caused the Bonds to be arbitrage bonds or private activity
bonds within the meaning of the Tax Code and the regulations thereunder and shall comply with
all requirements of the Tax Code and said regulations throughout the term of the Bonds.
20. Annual Financial Reports; Event Reports. The City shall deliver to each
nationally recognized municipal securities information repository recognized by the Securities
and Exchange Commission pursuant to SEC Rule 15c2-12 and the state information depository
for the State of Colorado recognized by the Securities and Exchange Commission pursuant to
SEC Rule 15c2-12 (the "SID"), if any, within two hundred forty(240) days after the end of each
21
fiscal year of the City a copy of the City's annual financial statements prepared in accordance
with generally accepted accounting principles applicable to governmental entities and audited by
an independent certified public accountant, including a calculation of the net revenues of the
Water System and the combined average annual principal of and interest on the Bonds and all
other outstanding obligations payable from the net revenues of the Water System for said fiscal
year, and, to the extent not contained in the City's annual financial statements, an update of the
financial information and operating data in the final official statement of the type contained
under the sections entitled "THE WATER SYSTEM — Customer Base," "FINANCIAL
INFORMATION CONCERNING THE WATER SYSTEM" (except the subsection entitled
" —Management's Comments Concerning Material Trends in the Water Fund") and
"FINANCIAL INFORMATION CONCERNING THE CITY — Major Sources of Revenue, —
Debt Structure of the City and—Debt Service Requirements of City Debt."
In a timely manner, the City shall deliver to the Municipal Securities Rulemaking
Board (the "MSRB") and the SID, if any, notice of any of the following events with respect to
the Bonds, if material:
a. Principal and interest payment delinquencies;
b. Non-payment related defaults;
C. Unscheduled draws on any debt service reserve reflecting financial
difficulties;
d. Unscheduled draws on any credit enhancement reflecting financial
difficulties;
e. Substitution of any credit or liquidity provider, or its failure to
perform;
f. Adverse tax opinions or events affecting the tax-exempt status of
the Bonds;
g. Modifications to rights of Beneficial Owners of the Bonds;
h. Bond calls;
i. Defeasances;
j. Release, substitution or sale of property securing repayment of the
Bonds; or
k. Rating changes.
In a timely manner, the City shall give to the MSRB and to the SID, if any, notice
of any failure by the City to provide any information required pursuant hereto within the time
limit specified herein.
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All information required by this Section 20 to be given as provided herein shall be
given by the Financial Officer of the City or his designee. Any information given in any manner
by any other officer of the City not authorized or given pursuant hereto may not be relied upon
by any Beneficial Owner of Bonds or any other person.
The City agrees that the provisions of this Section 20 shall be for the benefit of
the B eneficial O wners o f t he B onds and s hall b e e nforceable b y any B eneficial O wner in an
action for specific performance against the City. No money damages or attorneys' fees shall be
recoverable against the City for breach of any covenant contained in this Section 20.
This Section 20 may be amended to the extent required or permitted by SEC Rule
15c2-12, provided that any such amendment either does not, i n t he d etermination o f t he C ity
(which may be based on an opinion of counsel), materially impair the interests of the Beneficial
Owners of the Bonds or is approved by the Beneficial Owners of a majority in aggregate
principal amount of the Bonds.
This Section 20 shall be in effect from the date of delivery of the Bonds until the
earlier of the date all principal of and interest on the Bonds have been legally defeased, the date
that the City no longer constitutes an "obligated person" within the meaning of SEC
Rule 15c2-12 or the date on which those portions of SEC Rule 15c2-12 that require this Section
20 are held to be invalid by a court of competent jurisdiction in a non-appealable action, have
been repealed retroactively or otherwise do not apply to the Bonds.
21. Covenants. The City covenants that so long as any of the Bonds remain
outstanding and unpaid:
a. It will continue to operate and manage the Water System in an
efficient and economical manner and keep and maintain separate accounts of the
receipts and disbursements thereof in such manner that the revenues thereof may
at all times be readily and accurately determined.
b. It will not sell or alienate any of the property constituting all or any
part of the Water System in any manner or to any extent as might reduce the
security provided for the payment of the Bonds, but the City may sell any portion
of such property that shall have been replaced by other similar property of at least
equal value or which shall cease to be necessary for the efficient operation of the
Water System.
C. The rates, fees, tolls and charges for all services rendered by the
Water System to the City and to its inhabitants and to all consumers within or
without the boundaries of the City shall be reasonable and just, taking into
account and consideration the cost and value of the Water System and the proper
and necessary allowance for the depreciation thereof and the amounts necessary
for the retirement of all bonds and other securities or obligations payable from the
revenues of the Water System and the interest thereon.
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d. There shall be charged against all purchasers of service such rates,
fees, tolls, and charges as shall be adequate to meet the requirements of this
Ordinance.
e. The City shall cause all rates, fees, tolls and charges appertaining
to t he W ater S ystem t o b e c ollected a s s oon a s reasonable, s hall p rescribe and
enforce rules and regulations for the payment thereof and for the connection with
and the disconnection from properties of the Water System and shall provide
methods of collection and penalties, including but not limited to denial of service
for non-payment of such rates, fees, tolls and charges, to the end that net revenues
of the Water System shall be adequate to meet the requirements hereof.
f. At regular periods each year it will render bills for water services
furnished. Until paid, all water rates, fees, tolls and charges shall constitute a lien
on the property served, and the City shall take whatever action is legally
permissible promptly to enforce and collect delinquent water rates, fees, tolls and
charges and to preserve and enforce said liens.
g. At least once each year it will prepare and make available for
inspection a complete statement of the receipts and disbursements of and for the
Water System for the fiscal year immediately preceding such statement.
h. It will carry workers' compensation, public liability and other
forms of insurance on insurable Water System property in such amounts as is
customarily carried on prudently operated systems of like character.
22. Appropriation of Sums. The sums required to pay the costs of issuing the
Bonds and to make the required deposit to the Escrow Fund are hereby appropriated for those
purposes. The sums hereinbefore provided to pay the principal of and interest on the Bonds,
when d ue, a re h ereby appropriated f or t hat p urpose, and said amounts for each year shall be
included in the budgets and the annual appropriations ordinances or measures to be adopted or
passed by the Council in each year while any of the Bonds remain outstanding and unpaid.
23. Defeasance. When all of the principal of, the interest on and any premium
due in connection with the redemption of the Bonds have been duly paid, all obligations
hereunder shall thereby be discharged, and the Bonds shall no longer be deemed to be
outstanding. There shall be deemed to be such due payment when the City has placed in escrow
or in trust with a trust bank located within the State of Colorado Federal Securities in an amount
sufficient (including the known minimum yield available for such purpose from Federal
Securities in which such amount may wholly or in part be initially invested) to pay all principal
of, interest on and any premium due in connection with the redemption of the Bonds. The
Federal Securities shall become due prior to the respective times at which the proceeds thereof
shall be needed in accordance with a schedule established and agreed upon between the City and
such bank at the time of the creation of the escrow or trust, or the Federal Securities shall be
subject to redemption at the option of the owner thereof to assure such availability as so needed
to meet such schedule. Nothing herein shall be construed to prohibit a partial defeasance of the
Bonds in accordance with the provisions hereof.
24
�.
24. Rights and Immunities. Except as herein otherwise expressly provided,
nothing herein expressed or implied is intended or shall be construed to confer upon or to give to
any person, other than the City and the registered owners from time to time of the Bonds, any
right, remedy or claim under or by reason hereof or any covenant, condition or stipulation hereof.
All the covenants, stipulations, promises and agreements herein contained by and on behalf of
the City shall be for the sole and exclusive benefit of the City and any registered owner of the
Bonds.
No recourse shall be had for the payment of the principal of, interest on or any
premium due in connection with the redemption of the Bonds or for any claim based thereon or
otherwise upon this Ordinance, or any other instrument pertaining hereto, against any individual
member of the Council or any officer or other agent of the City, past, present or future, either
directly or indirectly through the City, or otherwise, whether by virtue of any constitution,
charter, statute or rule of law, or by the enforcement of any penalty or otherwise, all such
liability, if any, being by the acceptance of the Bonds and as a part of the consideration of their
issuance specially waived and released.
25. Facsimile Signatures. Pursuant to the Uniform Facsimile Signature of
Public Officials Act, part 1 of article 55 of title 11, Colorado Revised Statutes, as amended, the
Mayor, the City Clerk and the Financial Officer shall forthwith, and in any event prior to the
time the Bonds are delivered to the Purchaser, file with the Colorado Secretary of State their
manual signatures certified by them under oath.
26. Authorized Action. The officers of the City are hereby authorized and
directed to enter into such agreements and take all action necessary or appropriate to effectuate
the provisions of this Ordinance and to comply with the requirements of law, including without
limiting the generality of the foregoing:
a. The printing of the Bonds, including the printing upon each of such
Bonds of a copy of the approving legal opinion of Ballard Spahr Andrews &
Ingersoll, LLP, bond counsel, duly certified by the Registrar, or, if necessary or
desirable, the preparation of typewritten Bonds as provided herein;
b. The preparation of a final official statement for the use of
prospective purchasers of the Bonds, including the Purchaser and its associates, if
any;
C. The execution of the Escrow Agreement and such certificates as
may reasonably be required by the Purchaser relating to the signing of the Bonds;
the tenure and identity of the City officials; the assessed valuation and
indebtedness of the City; if in accordance with the facts the absence of litigation,
pending or threatened, affecting the validity of the Bonds; the tax treatment of
interest on the Bonds under federal and State of Colorado income tax laws;
delivery of the Bonds and receipt of the Bond purchase price; and the accuracy
and completeness of information provided in the final official statement;
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d. The making of various statements, recitals, certifications and
warranties provided in the form of Bond set forth in this Ordinance; and
e. The payment of the interest on the Bonds as the same shall become
due and the principal of the Bonds at maturity or upon prior redemption without
further warrant or order.
27. Ordinance Irrepealable. This Ordinance is, and shall constitute, a
legislative measure of the City, and after the Bonds are issued and outstanding, this Ordinance
shall constitute a contract between the City and the registered owners of the Bonds, and shall be
and remain irrepealable until the principal of and interest on the Bonds shall have been fully paid
or discharged.
28. Statutory Limitations Met. The Council hereby determines that the
provisions and limitations of the Act and any other applicable law imposed on the issuance of the
Bonds have been met.
29. Ratification. All action not inconsistent with the provisions of this
Ordinance heretofore taken by the City or its officers and otherwise by the City directed toward
the issuance and delivery of the Bonds is hereby ratified, approved and confirmed.
30. Repealer. All acts, orders, resolutions, ordinances, or parts thereof taken
by the City in conflict with this Ordinance are hereby repealed, except that this repealer shall not
be construed so as to revive any act, order, resolution, ordinance, or part thereof heretofore
repealed.
31. Severability. If any paragraph, clause or provision of this Ordinance is
judicially adjudged invalid or unenforceable, such judgment shall not affect, impair or invalidate
the remaining paragraphs, clauses or provisions hereof, the intention being that the various
paragraphs, clauses or provisions hereof are severable.
32. Inconsistent Provisions of Act Superseded. Any inconsistency between the
provisions of this Ordinance and those of the Act is intended by the Council. To the extent of any
such inconsistency the provisions of this Ordinance shall be deemed made pursuant to the
Charter of the City and shall supersede to the extent permitted by law the conflicting provisions
of the Act.
33. Election of Applicability. The provisions of §11-57-208(2), Colorado
Revised Statutes, as amended, shall apply to the Bonds.
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READ, AMENDED, FINALLY PASSED AS AMENDED ON SECOND
READING, AND ORDERED PUBLISHED ONCE BY NUMBER AND TITLE ONLY this
17th day of September, 2002.
CITY OF FORT COLLINS, COLORADO
" '... r.
(CITY) Mayor `
(SEAL)
ATTEST:
City Clerk
27