Loading...
HomeMy WebLinkAbout100 - 07/15/1986 - AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION WATER REFUNDING AND IMPROVEMENT BONDS, SERIES 1986, I P a ORDINANCE NO. 1009 1986 AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF FORT COLLINS, COLORADO, GENERAL OBLIGATION WATER REFUNDING AND IMPROVEMENT BONDS, SERIES 1986, DATED AUGUST 1, 1986, IN THE AGGREGATE PRINCIPAL AMOUNT OF $33,03090009 FOR THE PURPOSE OF REFUNDING, PAYING AND DISCHARGING CERTAIN VALID OUTSTANDING GENERAL OBLIGATION WATER BONDS OF THE CITY AND OF ACQUIRING, CONSTRUCTING AND INSTALLING IMPROVEMENTS TO THE WATER SYSTEM AND PROVIDING FOR THE LEVY OF AD VALOREM TAXES AND PLEDGING THE NET REVENUES DERIVED FROM THE OPERATION OF THE WATER SYSTEM TO PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS. WHEREAS, the City of Fort Collins, Colorado (the City) , has heretofore issued and sold its General Obligation Water Bonds, Series 1982, dated December 1, 1982, in the original aggregate principal amount of $4, 100,000 (the 1982 Issue) ; and WHEREAS, there is outstanding of the 1982 Issue the aggregate principal amount of $4, 050,000, consisting of bonds bearing the following numbers, maturing on December 1 in the following years in the following aggregate principal amounts, and bearing interest at the following per annum interest rates: Principal Per Annum Numbers Years Amounts Interest Rates 11 to 20 1986 $ 50,000 7.25% 21 to 40 1987 100,000 7.50 41 to 60 1988 100,000 7. 75 61 to 80 1989 100,000 8.00 81 to 100 1990 100,000 8.25 101 to 125 1991 125,000 8.50 126 to 150 1992 125,000 8. 75 151 to 180 1993 150,000 9.00 181 to 210 1994 150,000 9.20 211 to 245 1995 175,000 9. 40 246 to 280 1996 175,000 9. 60 281 to 320 1997 200,000 9.80 321 to 420 1998 500,000 9. 90 421 to 520 1999 500,000 10.00 521 to 620 2000 500,000 10. 10 621 to 720 2001 500,000 10. 15 721 to 820 2002 500,000 10.20 and D2703 39 07/25/86 1 t WHEREAS, bonds of the 1982 Issue maturing in the years 1986 through 1997 are not subject to optional redemption prior to their respective maturity dates, and bonds of the 1982 Issue maturing in the year 1998 and thereafter are subject to optional redemption prior to their respective maturity dates, in whole or in part in inverse numerical order, on December 1, 1997, and on any interest payment date thereafter at a price equal to the principal amount of each bond of the 1982 Issue so redeemed plus accrued interest thereon to the redemption date; and WHEREAS, the City has heretofore issued and sold its General Obligation Water Bonds, Series 1984, dated November 1, 1984, in the original aggregate principal amount of $7, 750,000 (the 1984 Issue) ; and WHEREAS, there is outstanding of the 1984 Issue the aggregate principal amount of $7, 750,000, maturing on December 1 in the following years in the following aggregate principal amounts and bearing interest at the following per annum interest rates: Per Annum Years Principal Amounts Interest Rates 1988 $ 130,000 7. 50% 1989 135,000 7. 75 1990 145,000 8.00 1991 155,000 8.25 1992 170,000 8. 50 1993 180,000 8. 70 1994 195,000 8.90 1995 215,000 9. 10 1996 235,000 9.25 2004 2,880,000 10.00 2009 3,310,000 10. 00 and WHEREAS, bonds of the 1984 Issue maturing in the years 1988 through 1994 are not subject to optional redemption prior to their respective maturity dates, and bonds of the 1984 Issue maturing in the year 1995 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, 1994, and on any interest payment date thereafter at a price equal to the principal amount of each bond of the 1984 Issue so redeemed plus accrued interest thereon to the redemption date plus a premium expressed as a percentage of the principal amount of each bond of the 1984 Issue so redeemed, depending on the redemption date, as follows: D2703 40 07/16/86 e ,00m^, Redemption Date Premium December 1, 1994 and June 1, 1995 2 .5% December 1, 1995 and June 1, 1996 2 .0% December 1, 1996 and June 1, 1997 1 . 5% December 1, 1997 and June 1, 1998 1.0% December 1, 1998 and June 1, 1999 0. 5% December 1, 1999 and Thereafter None and WHEREAS, the City has need for and desires to acquire, construct and install improvements (the Improvements) to the existing water system (the Water System) of the City in order to supply water to the City and the inhabitants thereof; and WHEREAS, pursuant to Colorado Constitution art. XI , sec. 6 and art. XX, sec. 6, Art. V, Sections 20.2 and 20.4 of the Charter of the City, and part 1 of article 56 of title 11, Colorado Revised Statutes, as amended (the Act) , the Council (the Council) of the City has determined, and does hereby determine, to issue City of Fort Collins, Colorado, General Obligation Water Refunding and Improvement Bonds, Series 1986, dated August 1, 1986, in the aggregate principal amount of $33,030,000 (the Bonds) for the purpose of refunding, paying and discharging the 1982 Issue and the 1984 Issue (collectively, the Prior Issues) 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 of acquiring, constructing and installing the Improvements to the Water System; and WHEREAS, a proposal for the purchase of the Bonds on terms favorable to the City, together with the disclosures, comparisons, and other information required by the Act, has been received from Chemical Bank, New York, New York (the Purchaser) , which the Council has determined, and does hereby determine, to accept; and WHEREAS, there have been filed with the City Clerk forms of a Bond Purchase Agreement, dated as of July 15, 1986 (the Bond Purchase Agreement) , between the City and the Purchaser and an Escrow Agreement, dated as of August 1, 1986 (the Escrow Agreement) , between the City and First Interstate Bank of Fort Collins, N.A. , Fort Collins, Colorado (the Escrow Agent) . BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO, AS FOLLOWS: D2703 41 07/25/86 1 1. Award of Contract; Execution of Bond Purchase Agreement. The contract for the purchase of the Bonds is hereby awarded to the Purchaser at a price equal to $32,500,900 plus accrued interest from the date thereof to the delivery date thereof and upon the terms set forth in this ordinance (this Ordinance) . The Finance Director of the City is hereby authorized and directed to execute the Bond Purchase Agreement on behalf of the City. 2 . Authorization and Description. For the purpose of refunding, paying and discharging the Prior Issues and of acquiring, constructing and installing the Improvements to the Water System, the City shall issue the Bonds pursuant to Colorado Constitution art. XI , sec. 6 and art. XX, sec. 6, Art. V, Sections 20.2 and 20.4 of the Charter of the City, and the Act. The Bonds shall be issued in fully registered form in denominations of $5,000 or any integral multiple thereof, provided that no Bond shall be issued in any denomination larger than the aggregate principal amount maturing on the maturity date thereof and that no Bond shall be made payable on more than one maturity date. Pursuant to the recommendations of the Committee on Uniform Security Identification Procedures, CUSIP numbers may be printed on the Bonds. The Bonds shall mature on December 1 in the following years in the following aggregate principal amounts and shall bear interest from August 1, 1986, 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: D2703 42 07/25/86 t �1s Principal Per Annum Years Amounts Interest Rates 1986 $ 5,000 4.00% 1987 730,000 4. 60 1988 885,000 5.00 1989 920,000 5.40 1990 960,000 5. 70 1991 1,030,000 6.00 1992 lt08O,000 6.20 1993 1, 160,000 6.40 1994 1,220,000 6. 60 1995 1,315,000 6. 75 1996 1,385,000 6.90 1997 1,485,000 7.00 1998 1,875,000 7. 10 1999 1,950,000 7.20 2000 2,045,000 7.30 2001 2, 1409000 7. 35 2002 2,250,000 7. 40 2003 118659000 7.40 2004 2 ,000,000 7.40 2009 697309000 7. 50 Said interest shall be payable on December 1, 1986, and semiannually thereafter on the 1st day of June and the 1st day of December 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 shall be 15% per annum. The actual net effective interest rate for the Bonds is 7.343% 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 Finance Director of the City, or his successors, 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. Except as hereinbefore and hereinafter provided, the interest shall be payable to the registered owner D2703 43 07/25/86 ! M 1 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 mailed to such registered owner at the address appearing on the registration books of the City maintained by the City Clerk, or her successors, as registrar (the Registrar) . 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 mailed as aforesaid. Notice of the Special Record Date and of the date 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 ten (10) days prior to the Special Record Date, to the Purchaser and 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. 6. Redemption. Bonds maturing in the years 1986 through 1995 shall not be subject to optional redemption prior to their respective maturity dates. Bonds maturing in the year 1996 and thereafter shall be 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, 1995, and on any interest payment date thereafter at a price equal to the principal amount of each Bond so redeemed plus accrued interest thereon to the redemption date plus a premium expressed as a percentage of the principal amount of each Bond so redeemed, depending on the redemption date, as follows: Redemption Date Premium December 1, 1995 and June 1, 1996 2 . 5% December 1, 1996 and June 1, 1997 2 .0 December 1, 1997 and June 1, 1998 1. 5 December 1, 1998 and June 1, 1999 1.0 December 1, 1999 and June 1, 2000 0. 5 December 1, 2000 and Thereafter None Bonds maturing in the year 2009 shall also be subject to mandatory sinking fund redemption prior to their maturity date, by lot, on the dates specified below at a price equal to D2703 44 07/25/86 the principal amount of each Bond so redeemed plus accrued interest thereon to the redemption date. Such Bonds shall be redeemed on December 1 in the following years in the following aggregate principal amounts: Years ' Principal Amounts 2005 $2, 150,000 2006 2,315,000 2007 700,000 2008 750,000 2009 815,000 Bonds which are redeemable prior to their respective maturity dates may be redeemed in part if issued in denominations which are integral multiples of $5,000. Such Bonds shall be treated as representing a corresponding number of separate Bonds in the denomination of $5,000 each. Any such Bond to be redeemed in part shall be surrendered for partial redemption in the manner hereinafter provided for transfers of ownership. Upon payment of the redemption price of any such Bond redeemed in part the registered owner thereof shall receive a new Bond or Bonds of authorized denominations in aggregate principal amount equal to the unredeemed portion of the Bond surrendered. Notice of redemption shall be given by the Paying Agent in the name of the City by sending a copy thereof by certified or registered first-class postage prepaid mail, at least thirty (30) days prior to the redemption date, to the Purchaser and to the registered owner of each of the Bonds being redeemed determined as of the close of business on the date preceding the first mailing of such notice at the address appearing on the registration books of the City. Such notice shall specify the number or numbers of the Bonds to be redeemed, whether in whole or in part, and the date fixed for redemption and shall further state that on the redemption date there will be due and payable upon each Bond or part thereof so to be redeemed the principal amount or part thereof plus accrued interest thereon to the redemption date plus any premium due and that from and after such date interest will cease to accrue. Failure to mail any notice as aforesaid or any defect in any notice so mailed with respect to any Bond shall not affect the validity of the redemption proceedings with respect to any other Bond. Any Bonds redeemed prior to their respective maturity dates by call for prior redemption or otherwise shall not be reissued and shall be cancelled the same as Bonds paid at or after maturity. 7. Execution. The Bonds shall be executed by and on behalf of the City with the facsimile signature of the Mayor, shall bear a facsimile of the seal of the City, shall be attested with the facsimile signature of the City Clerk, and shall be D2703 45 07/25/86 • J countersigned with the manual signature of the Finance Director or Acting Finance Director of the City. 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. 8. Registration, Transfer and Exchange. Upon their execution and prior to their delivery the Bonds shall be registered for the purpose of payment of principal and interest with the Registrar. Thereafter, the Bonds shall be transferable only upon the registration books of the City by the City Clerk, or her successors, 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. The Registrar or Transfer Agent shall accept a Bond for registration or transfer only if the registered owner is to be an individual, a corporation, a partnership, or a trust. 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 execution by the Finance Director or Acting Finance Director of the City. 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 in whose name any Bond is last D2703 46 07/25/86 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 made to such person or upon his, her or its order shall be valid and effective to 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. 9. Resignation of Agents. If the Paying Agent, Registrar or Transfer Agent shall resign, or if the City shall reasonably determine that the Paying Agent, Registrar or Transfer Agent has become incapable of fulfilling his or her duties hereunder, the City may, upon notice mailed to the registered owners of the Bonds at the addresses shown on the registration books of the City, appoint a successor paying agent, registrar or transfer agent. Every such successor paying agent, registrar or transfer agent shall be a bank or trust company located in the State of Colorado having a capital and surplus of not less than $5, 000,000. It shall not be required that the same institution serve as paying agent, registrar and transfer agent, but the City shall have the right to have the same institution serve as paying agent, registrar and transfer agent. 10. Replacement of Bonds. If any Bond shall have been lost, destroyed or 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 Ordinance No. 80, 1984. 11. Recitals in Bonds. Each Bond shall recite that it is issued under the authority of the Constitution, the Charter of the City, 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. 12 . Form of Bonds. The Bonds shall be in substantially the following form: D2703 47 07/25/86 [Form of Bond] (Text of Face) UNITED STATES OF AMERICA STATE OF COLORADO COUNTY OF LARIMER CITY OF FORT COLLINS GENERAL OBLIGATION WATER REFUNDING AND IMPROVEMENT BOND SERIES 1986 No. R- $ Interest Maturity Original Rate Date Date CUSIP December 1, August 1, 1986 REGISTERED OWNER: PRINCIPAL SUM: The City of Fort Collins, in the 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 August 1, 1986, 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 1st day of June and the 1st day of December of each year, commencing on December 1, 1986, 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 . Bonds of this issue maturing in the years 1986 through 1995 are not subject to optional redemption prior to their respective maturity dates. Bonds of this issue maturing in the D2703 48 07/16/86 year 1996 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, 1995, and on any interest payment date thereafter at a price equal to the principal amount of each Bond so redeemed plus accrued interest thereon to the redemption date plus a premium expressed as a percentage of the principal amount of each Bond so redeemed, depending on the redemption date, as follows: Redemption Date Premium December 1, 1995 and June 1, 1996 2 . 5% December 1, 1996 and June 1, 1997 2 .0 December 1, 1997 and June 1, 1998 1 .5 December 1, 1998 and June 1, 1999 1 . 0 December 1, 1999 and June 1, 2000 0. 5 December 1, 2000 and Thereafter None Bonds of this issue maturing in the year 2009 are also subject to mandatory sinking fund redemption prior to their maturity date, by lot, on the dates specified below at a price equal to the principal amount of each Bond so redeemed plus accrued interest thereon to the redemption date. Such Bonds are to be redeemed on December 1 in the following years in the following aggregate principal amounts: Years Principal Amounts 2005 $29150,000 2006 2,315,000 2007 700,000 2008 750,000 2009 815,000 Bonds of this issue which are redeemable prior to their respective maturity dates may be redeemed in part if issued in denominations which are integral multiples of $5,000. In such case the Bond is to be surrendered in the manner provided for transfers of ownership. Upon payment of the redemption price the Registered Owner is to receive a new Bond or Bonds of authorized denominations in aggregate principal amount equal to the unredeemed portion of the Bond surrendered. Notice of redemption of any Bonds of this issue is to be given by the paying agent in the name of the City by sending a copy of such notice by certified or registered first-class postage prepaid mail, at least thirty (30) days prior to the redemption date, to Chemical Bank, New York, New York, and to the D2703 49 07/25/86 registered owner of each of the Bonds being redeemed determined as of the close of business on the day preceding the first mailing of such notice at the address appearing on the registration books of the City. Such notice is to specify the number or numbers of the Bonds to be redeemed, whether in whole or in part, and the date fixed for redemption and is further to state that on the redemption date there will be due and payable upon each Bond or part thereof so to be redeemed the principal amount or part thereof plus accrued interest thereon to the redemption date plus any premium due and that from and after such date interest will cease to accrue. Failure to mail any notice as aforesaid or any defect in any notice so mailed with respect to any Bond does not affect the validity of the redemption proceedings with respect to any other Bond. REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF. The full faith and credit of the City of Fort Collins, in the County of Larimer and State of Colorado, is hereby pledged for the punctual payment of the principal of and interest on this Bond. IN WITNESS WHEREOF, the City of Fort Collins, Colorado, has caused this Bond to be executed in its name and on its behalf with the facsimile signature of the Mayor of the City, to be D2703 50 07/25/86 sealed with a facsimile of the seal of the City, to be attested with the facsimile signature of the City Clerk of the City, and to be countersigned with the manual signature of the Finance Director or Acting Finance Director of the City. CITY OF FORT COLLINS, COLORADO (FACSIMILE) By: (Facsimile Signature) ( SEAL ) Mayor ATTEST: (Facsimile Signature) City Clerk Countersigned: (Manual Signature) Finance Director or Acting Finance Director DATED: D2703 51 07/25/86 1 , 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 GIFT MIN ACT - Custodian (Cust) (Minor) under Uniform Gifts to Minors Act (State) Additional abbreviations may also be used though not on the above list. D2703 52 07/16/86 A �. (Text of Reverse) 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 Finance Director of the City, or his successors, 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 redemption. 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 check or draft mailed to the Registered Owner at the address appearing on the registration books of the City. 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 mailed 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 ten ( 10) days prior to the special record date, to Chemical Bank, New York, New York, and 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. This Bond is one of a series issued by the City of Fort Collins, Colorado, for the purpose of refunding, paying and discharging certain valid outstanding general obligation water bonds of the City and acquiring, constructing and installing improvements to the existing water system of the City pursuant to, by virtue of, and in full conformity with the Constitution of the State of Colorado, the Charter of the City, 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 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. D2703 53 07/25/86 It is further 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 a direct annual tax on all the taxable property within the City and that the net revenues derived from the operation of the water system of the City have been pledged 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 of 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 City Clerk, or her successors, 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 rate as the D2703 54 07/16/86 Bond or Bonds surrendered. Such Bond or Bonds are to be dated as of their date of execution by the Finance Director or Acting Finance Director of the City. The City may deem and treat the person 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 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. D2703 55 07/16/86 • � � (Assignment) 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) the attached Bond and does hereby irrevocably constitute and appoint , , , or its successors, to transfer said Bond on the books kept for registration thereof. Dated: Signature guaranteed: (Bank, Trust Company or Firm) NOTICE: The signature to this assignment must correspond with the name of the Registered Owner as it appears upon the face of the attached Bond in every particular without alteration or enlargement or any change whatever. [End of Form of Bond] D2703 56 07/16/86 f 13 . Disposition of Bonds and Proceeds. The Bonds, when executed as provided herein, shall be delivered by the City to the Purchaser upon receipt of full payment therefor in accordance with the Bond Purchase Agreement. 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 hereinafter made concerning arbitrage bonds. 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. 14. Escrow Fund. A special fund is hereby created and designated as the "City of Fort Collins, General Obligation Water Refunding and Improvement Bonds, Series 1986, Escrow Fund" (the Escrow Fund) . A portion of the original proceeds of the Bonds, exclusive of accrued interest, 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 which 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 and in accordance with the proposal submitted by the Purchaser. The Escrow Fund shall be maintained in an amount at the time of the deposit therein, and at all times subsequently, 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 Issues as the same become due at maturity or upon prior redemption. Moneys shall be withdrawn by the Escrow Bank from the Escrow Fund in sufficient amounts and at times to permit the payment of the principal of, interest on, and any premium due in connection with the redemption of the Prior Issues at maturity or upon prior redemption. Any moneys remaining in the Escrow Fund after provision has been made for the redemption of the Prior Issues 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 the principal of, interest on, and any premium due in D2703 57 07/16/86 connection with the redemption of the Prior Issues as herein provided. 15. Redemption of Certain Bonds or Prior Issues; Notices of Refunding and Redemption of Prior Issues. The City hereby exercises its option to redeem the bonds of the 1982 Issue maturing in the year 1998 and thereafter, prior to their respective maturity dates, on December 1, 1997, at a price equal to the principal amount of each bond of the 1982 Issue so redeemed plus accrued interest thereon to the redemption date. The paying agent for the 1982 Issue is hereby authorized and directed to give forthwith and again no later than October 31, 1997, notice of refunding and redemption of the bonds of the 1982 Issue. The notice of refunding and redemption of the bonds of the 1982 Issue shall be given by publication of such notice at least once in The Coloradoan, a newspaper of general circulation in the City, and by sending a copy of such notice by certified or registered first-class postage prepaid mail to Boettcher & Company, Inc. , Denver, Colorado, and to the holders of each of the bonds of the 1982 Issue if the names and addresses of such holders and the numbers of their bonds are recorded with the City Clerk. The notice of refunding and redemption of the bonds of the 1982 Issue shall be in substantially the following form: D2703 58 07/25/86 .�.. .�, [Form of Notice] NOTICE OF REFUNDING AND REDEMPTION OF CITY OF FORT COLLINS, COLORADO GENERAL OBLIGATION WATER BONDS SERIES 1982 DATED DECEMBER 1, 1982 - $4, 100,000 NOTICE IS HEREBY GIVEN to the holders of all outstanding City of Fort Collins, Colorado, General Obligation Water Bonds, Series 1982, dated December 1, 1982, in the original aggregate principal amount of $4, 100,000 (the 1982 Issue) , that the City of Fort Collins, Colorado (the City) , has issued General Obligation Water Refunding and Improvement Bonds, Series 1986, dated August 1, 1986, in the aggregate principal amount of $33,030,000, and deposited a portion of the proceeds thereof in escrow with First Interstate Bank of Fort Collins, N.A. , Fort Collins, Colorado, which proceeds have been invested in bills, certificates of indebtedness, notes or bonds which 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 and interest on the 1982 Issue as the same become due at maturity or upon prior redemption. According to a report pertaining to such escrow prepared by a firm of certified public accountants licensed to practice in 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 and interest on the 1982 Issue as such payments become due at maturity or upon prior redemption. NOTICE IS FURTHER HEREBY GIVEN that the City has exercised its option to redeem bonds of the 1982 Issue numbered 321 through 820, maturing in the year 1998 and thereafter, prior to their respective maturity dates, on December 1, 1997, at a price equal to the principal amount of each bond of the 1982 Issue so redeemed plus accrued interest thereon to the redemption date. On the redemption date there will become and will be due and payable upon each bond of the 1982 Issue so to be redeemed the principal amount of each bond of the 1982 Issue so redeemed plus accrued interest thereon to the redemption date and from and after the redemption date interest will cease to accrue. D2703 59 07/16/86 Each such bond of the 1982 Issue will be redeemed on or after the redemption date upon presentation and surrender thereof. DATED this day of 19_ FIRST INTERSTATE BANK OF FORT COLLINS, N.A. Authorized Officer [End of Form of Notice] D2703 60 07/16/86 The City hereby exercises its option to redeem the bonds of the 1984 Issue maturing in the year 1995 and thereafter, prior to their respective maturity dates, on December 1, 1994, at a price equal to the principal amount of each bond of the 1984 Issue so redeemed plus accrued interest thereon to the redemption date plus a premium equal to 2 . 5% of the principal amount of each bond of the 1984 Issue so redeemed. The paying agent for the 1984 Issue is hereby authorized and directed to give forthwith and again no later than October 31, 1994, notice of refunding and redemption of the bonds of the 1984 Issue. The notice of refunding and redemption of the bonds of the 1984 Issue shall be given by sending a copy of such notice by certified or registered first-class postage prepaid mail to Northern Trust Company, Chicago, Illinois, and to the registered owners of each of the bonds of the 1984 Issue determined as of the close of business on the day preceding the first mailing of such notice at the address appearing on the registration books of the City. The notice of refunding and redemption of the bonds of the 1984 Issue shall be in substantially the following form: D2703 61 07/16/86 [Form of Notice] NOTICE OF REFUNDING AND REDEMPTION OF CITY OF FORT COLLINS, COLORADO GENERAL OBLIGATION WATER BONDS SERIES 1984 DATED NOVEMBER 1, 1984 - $7, 750, 000 NOTICE IS HEREBY GIVEN to the registered owners of all outstanding City of Fort Collins, Colorado, General Obligation Water Bonds, Series 1984, dated November 1, 1984, in the original aggregate principal amount of $7, 750,000 (the 1984 Issue) , that the City of Fort Collins, Colorado (the City) , has issued General Obligation Water Refunding and Improvement Bonds, Series 1986, dated August 1, 1986, in the aggregate principal amount of $33,030,000, and deposited a portion of the proceeds thereof in escrow with First Interstate Bank of Fort Collins, N.A. , Fort Collins, Colorado, which proceeds have been invested in bills, certificates of indebtedness, notes or bonds which 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 1984 Issue as the same become due at maturity or upon prior redemption. According to a report pertaining to such escrow prepared by a firm of certified public accountants licensed to practice in 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 1984 Issue as such payments become due at maturity or upon prior redemption. NOTICE IS FURTHER HEREBY GIVEN that the City has exercised its option to redeem in whole the bonds of the 1984 Issue numbered through , maturing in the year 1995 and thereafter, prior to their respective maturity dates, on December 1, 1994, at a price equal to the principal amount of each bond of the 1984 Issue so redeemed plus accrued interest thereon to the redemption date plus a premium equal to 2 . 5% of the principal amount of each bond of the 1984 Issue so redeemed. On the redemption date there will become and will be due and payable upon each bond of the 1984 Issue so to be redeemed the principal amount of each bond of the 1984 Issue so redeemed plus accrued interest thereon to the redemption date D2703 62 07/16/86 r plus a premium equal to 2 . 5% of the principal amount of each bond of the 1984 Issue so redeemed and from and after the redemption date interest will cease to accrue. Each such bond of the 1984 Issue will be redeemed on or after the redemption date upon presentation and surrender thereof. DATED this day of 19_. CITY OF FORT COLLINS, COLORADO Finance Director or Acting Finance Director [End of Form of Notice] D2703 63 07/16/86 16. Water Fund. A portion of the original proceeds of the Bonds, exclusive of accrued interest, shall also 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 acquiring, constructing and installing the Improvements to the Water System. Any Bond proceeds remaining in the Water Fund after completion of the Improvements to the Water System shall be applied to any lawful purposes of the City as the Council may hereafter determine. 17 . Pledge of Ad Valorem Taxes and Water Revenues. If required, the principal and interest to become due on the Bonds in 1986 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 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 of the years 1986 to 2008, inclusive, will raise 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 paid in full. 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 and water refunding bonds of the City hereafter issued 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 which, 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. IX, Section 6 of the Charter of the City. The term "net revenues" as used herein refers to the gross revenues of the Water System (including any supplemental user fees) 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 D2703 64 07/25/86 "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 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 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 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. 18. Use of Water Fund. Interest accrued on the Bonds from the date thereof to the delivery date thereof and all ad valorem taxes and 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 payable from the Water Fund until the Bonds, both principal and interest, shall be fully paid, satisfied and 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. The Water Fund shall be maintained as a sinking fund for the mandatory redemption of Bonds maturing in the year 2009. Any mandatory sinking fund redemption shall be treated as a maturing installment of principal for purposes of this Section 18. 19. Arbitrage. The City shall make no investment or other use of the proceeds of the Bonds at any time during the term thereof which, if such investment or other use had been reasonably expected on the date the Bonds are issued, would have caused the Bonds to be arbitrage bonds within the meaning of Section 103(c) of the Internal Revenue Code of 1954, as amended, and the regulations promulgated thereunder by the United States Treasury Department. 20. Covenants. The City covenants that so long as any of the Bonds remain outstanding and unpaid: D2703 65 07/16/86 (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 which 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. (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 the Water System to be collected as soon as reasonable, shall prescribe 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 D2703 66 07/16/86 • enforce and collect delinquent water rates, fees, tolls and charges and to enforce said liens. (g) At least once each year it will furnish the Purchaser with 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 workmen' s 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. 21 . Appropriation of Sums. The sums hereinbefore provided to pay the principal of and interest on the Bonds, when due, are hereby appropriated for that purpose, and said amounts for each year shall be included in the annual budget and the appropriations ordinance, resolution, or measures to be adopted or passed by the Council in each year while any of the Bonds remain outstanding and unpaid. 22 . 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. 23 . 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 D2703 67 07/16/86 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. 24. 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. 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 and the City Clerk 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, bond counsel, duly certified by the City Clerk, and, if necessary or desirable pending delivery of printed Bonds, the preparation of one or more temporary typewritten Bonds in an aggregate principal amount equal to that of the Bonds, otherwise in substantially the same form and bearing the same terms, to be delivered to the Purchaser and thereafter to be exchanged by the Purchaser for printed Bonds when the same are received by the City; D2703 68 07/16/86 4 x b. The preparation of preliminary and final official statements 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 exemption of interest on the Bonds from federal and State of Colorado income taxation, and receipt of the Bond purchase price and of the Bonds; 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, satisfied and 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. 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. 30. 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. D2703 69 07/16/86 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. Introduced, considered favorably on first reading, and ordered published this 1st day of July, A.D. 1986, and to be presented for final passage on the 15th day of July, A.D. 1986. ayo ATTEST: City Clerk READ, AMENDED, FINALLY PASSED AS AMENDED ON SECOND READING, AND ORDERED PUBLISHED ONCE BY NUMBER AND TITLE ONLY this 15th day of July, A.D. 1986. Ma or ATTEST: City Clerk D2703 70 07/16/86