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HomeMy WebLinkAbout197 - 01/15/1985 - AUTHORIZING THE ISSUANCE OF A STREET OVERSIZING FEE REVENUE NOTE IN A PRINCIPAL AMOUNT NOT TO EXCEED ORDINANCE NO. 197 1984 CITY OF FORT COLLINS , COLORlDO STREET OVERSIZING REVENUE NOTE SERIES 1985 A IN THE PRINCIPAL AMOUNT OF NOT MORE THAN $2,000,000 ADOPTED: January 15 , 1985 STATE OF COLORADO ) COUNTY OF LARIMER ) ss. CITY OF FORT COLLINS ) The City Council of the City of Fort Collins , Colorado, held a regular meeting in the Council Chambers , at 300 LaPorte Avenue, Fort Collins, Colorado, on Tuesday, the 18th day of December, 1984 , at the hour of 6 : 30 P.M. The following persons were present : Councilmembers : Gerry EEorak, Mayor. E. John Clarke, Assistant Mayor John B. Knezovich William C. Elliott Ed Stoner Kelly Ohlson Barbara Rutstein City Manager: John E. Arnold City Clerk: Wanda M. Krajicek The following persons were absent: None Councilmember Elliott introduced the following Ordinance, which was read by title, copies of the full Ordinance having been available in the office of the City Clerk at least forty-eight (48) hours prior to the time said Ordinance was introduced for each Councilmember and for inspection and copying by the general public. (ii) ORDINANCE NO. 197 , 1984 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A STREET OVERSIZING FEE REVENUE NOTE OF THE CITY OF FORT COLLINS, COLORADO, IN A PRINCIPAL AMOUNT NOT TO EXCEED $2, 000, 000 AT ANY TIME, FOR THE PURPOSE OF CONSTRUCTING STREETS AND SIDEWALK IMPROVEMENTS AS PROVIDED IN SECTION 95-89 OF THE CODE OF THE CITY; PRESCRIBING THE FORM OF SAID NOTE; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID NOTE FROM THE REVENUES OF THE STREET OVERSIZING FEE AND OTHER SPECIFIED REVENUES ; AND PROVIDING OTHER COVENA14TS AND DETAILS IN CONNECTION THEREWITH. WHEREAS, the Council of the City of Fort Collins , Colorado (the "City" ) has determined that it is necessary and appropriate to increase the width of certain streets and sidewalks within the City to arterial or collector status , to make traffic signalization improvements when required because of collector or arterial status of streets and to install extra base associated with the construction of arterial streets; and WHEREAS , the estimated total cost of such street oversizing and related projects exceeds from time to time the balance of moneys in the Street Oversizing Fund established pursuant to Section 95-88 , et seq. of the Code of the City (the "Code" ) , and there is not now projected to be sufficient funds in the Street Oversizing Fund available for the payment of the total cost of projects estimated for 1985 and thereafter; and WHEREAS , pursuant to Sections 95-88 , et seq. of the Code , the City has levied and imposed certain street oversizing fees as defined and limited in the Cede; and WHEREAS , Article V, Part II, Section 20. 3 of the Home Rule Charter of the City (the "Charter") provides that the City may issue revenue securities; and 1,,HEREAS, the Council has determined at this time to authorize the issuance of a Street Oversizing Fee Revenue Note to evidence a revolving credit line in a maximum principal amount not to exceed $2, 000 , 000 at any time , for the purposes set forth above as provided by Article V, Part II, Section 20. 3 of the Charter, both the principal of and interest on said note to be payable from the proceeds of the Street Oversizing Fee , the Street Oversizing Fund and other legally available revenues of the City; provided however, ad valorem taxes of the City shall not be used for such purposes; and 11HEREAS, in accordance with the Charter, the Council has determined that it is in the best interest of the City that the Street Oversizing Revenue Note of the City to evidence a revolving credit line in a maximum principal amount not to exceed $2 , 000 , 000 at any time , should be issued and sold to First Interstate Bank of Fort Collins, N. A. , in accordance with the terms and conditions set forth in this Ordinance; and WHEREAS, it is necessary to provide for the issuance of said note , and the form and payment thereof; BE IT ORDAINED BY TIIE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. Authorization. For the purpose of making street oversizing and related improvements within the City of Fort Collins, there is hereby authorized a Street Oversizing Fee Revenue Note , Series 1965 A (the "Note" ) of the City to evidence a revolving credit line in a maximum principal amount net to exceed $2 , 000 , 000 at any time. Not withstanding the stated principal amount of the Note, the City shall not be liable under the Note for any principal or interest except principal actually and from time to time advanced thereunder and unpaid and interest upon such funds as are actually advanced. Both the principal thereof and the interest thereon shall be payable solely and only out of the proceeds of the Street Oversizing Fee, the Street Oversizing Fund authorized by Code Section 95-68 , et seq. , and other legally available revenues of the City; provided however, ad valorem taxes of the City shall not be used for such purposes, as more particularly set forth in this Ordinance. The Note shall not be or constitute an indebtedness of the City within the meaning of any constitutional or statutory limitation upon the incurring of indebtedness and neither the full faith and credit nor the taxing power of the City is pledged to the payment of the principal of and interest on the Note and the City shall not be obligated to pay the Note or the interest thereon except from Street Oversizing Fee collections, the Street Oversizing Fund and other legally available revenues of the City; provided however, ad valorem taxes of the City shall not be used for such purposes. That in accordance with provisions of Article V, Part II, Section 20. 3 of the Charter, revenue securities payable in whole or in part from the available proceeds of the Street Oversizing Fee , the Street Oversizing Fund and other legally available revenues of the City other than ad valorem taxes of the City may be issued without the requirement of an election on the question of issuing such security. Section 2. Note Details. The Note shall be dated as of the date of issue , shall be issued in the denomination of $100,000, or any integral multiple thereof , shall be issued in an amount not to exceed $2, 000 , 000 , shall be issued in typewritten or printed form, shall be in registered form payable to the 2 - registered owner thereof, shall mature and be payable in full on March 1 , 1991 , and shall bear interest from the date of issue in consecutive installments beginning on September 1 , 1985, and semiannually thereafter on each succeeding March 1 and September 1 during the term hereof through and including March 1, 1991 , at a per annum rate equal to seventy-five percent (75%) of the rate of interest publicly announced by First Interstate Bank of Fort Collins , N.A. , from time to time at its principal office in Fort Collins, Colorado, as its "Prime Rate" (computed on the basis of a 360 day year) (the "Prime Rate") , in any coin or currency which at the time or times of payment is legal tender for the payment of public or private debt in the United States of America, in accordance with the terms hereinafter set forth. The Note may be prepaid or purchased by the City without premium, in whole or in part , prior to its maturity date at the option of the City on any business day. Notice of intent to prepay or purchase the Note shall be given by the City to the holder of the Note at least ten (10) business days prior to the prepayment or purchase date specified in such notice. The Note is also subject to mandatory prepayment or purchase by the City, in whole or in part, upon election by and instructions from the holder of the Note, on March 1 , 1986 and on March 1 of each year thereafter, at a price of 100% of the principal balance then required to be paid by the holder thereof, plus accrued interest thereon to the date fixed for prepayment or purchase. Notice of the holder' s election to require the City to prepay or purchase all or any portion of the Note hereunder shall be given to the City by first class mail, postage prepaid, mailed not less than sixty (60) days prior to the applicable prepayment or purchase date. The initial net effective interest rate on the Note is % per annum. The net effective interest rate of the Note shall not exceed twenty percent (20%) per annum at any time. The principal of the Note shall be payable to the registered owner thereof as shown on the registration books kept for that purpose at the office of the City Clerk of the City, as Registrar, or her successor (the "Registrar" ) , upon maturity and presentation and surrender of the Note at the office of the Director of Finance of the City as Paying Agent or his successor (the "Paying Agent" ) . The interest on the Note shall be paid to the registered owner thereof by check or draft mailed by the Paying Agent before each interest payment date (or, if such interest payment date is not a business day, before the next succeeding business day) , to such registered owner at his address as it last appears on the registration books kept for that purpose by the Registrar. If, upon presentation at maturity payment of the Note is not made as herein provided, interest thereon shall continue at the same rate per annum until the principal thereof is paid in full. 3 - Section 3. Form and Execution of the Note. The Note shall be signed with the manual signature of the Mayor of the City, attested by the manual signature of the City Clerk, countersigned with the manual signature of the City Director of Finance, and sealed or imprinted with the official seal of the City. Should any officer whose signature appears on the Note cease to be such officer before delivery of the Note to the purchaser, such signature shall nevertheless be valid and sufficient for all purposes. The Note and the registration panel pertaining thereto shall be in substantially the following form: [Form of Note] No. R-1 UNITED STATES OF AMERICA $2, 000, 000 STATE OF COLORADO COUNTY OF LARIMER CITY OF FORT COLLINS, COLOFADO STREET OVERSIZING NOTE SERIES 1985 A DATED AS OF The City of Fort Collins (the "City") , in the County of Larimer and State of Colorado, for value received, hereby promises to pay to the order of the registered owner identified in the registration panel below, solely from the special monies and funds provided therefor and hereinafter specified, the principal amount equal to the lesser of TWO MILLION DOLLARS ($2, 000 ,000) or the amount endorsed on the appropriate schedule annexed hereto, payable on the first day of March, 1991, with interest thereon from the date hereof in consecutive installments beginning on September 1, 1985, and semiannually thereafter on each succeeding March 1 and September 1 during the term hereof through and including March 1, 1991 , at a per annum rate equal to seventy-five percent (75%) of the rate of interest publicly announced by First Interstate Bank of Fort Collins, N.A. , from time to time at its principal office in Fort Collins, Colorado, as its "Prime Rate" (computed on the basis of a 360 day year) (the "Prime Rate" ) , without deduction for exchange or collection charges, in any coin or currency which at the time or times of payment is legal tender for the payment of public or private debt in the United States of America, in accordance with the terms 4 - i hereinafter set forth. The holder of this Note shall be obligated to provide funds under the terms of this Note in the denomination of $100 , 000 or any integral multiple thereof, but at no time to exceed an outstanding principal amount of $2, 000, 000 , upon demand by the City. Notwithstanding the stated principal amount of this Note, the City shall not be liable under this Note for any principal or interest except principal actually and from time to time advanced hereunder and unpaid and interest upon such funds as are actually advanced. The principal of this Note shall be payable to the registered owner hereof as shown on the registration books kept for that purpose at the office of the City Clerk of the City, as Registrar, or her successor (the "Registrar" ) , upon maturity and presentation and surrender of the Note. The interest on the Note shall be payable to the registered owner hereof by check or draft mailed by the Paying Agent before each interest payment date (or, if such interest payment date is not a business day, before the next succeeding business day) , to such registered owner at its address as it last appears on the registration books kept for that purpose by the Registrar. If, upon presentation at maturity payment of any Note is not made as herein provided, interest hereon shall continue at the same rate per annum until the principal hereof is paid in full. This Note shall not be valid or obligatory for any purpose until the Registrar shall have manually signed the provision for registration herein. This Note may be prepaid or purchased by the City without premium, in whole or in part, prior to its maturity date at the option of the City on any business days. Notice of intent to prepay or purchase the Note shall be given by the City to the holder of the Note at least ten (10) business days prior to the prepayment or purchase date specified in such notice. The Note is also subject to mandatory prepayment or purchase by the City, in whole or in part, upon election by and instructions from the holder of the Note, on March 1, 1986, and on March 1 of each year thereafter, at a price of 100% of the principal balance then outstanding, plus accrued interest thereon to the date fixed for prepayment or purchase. Notice of the holder' s election to require the City to prepay or purchase all or any portion of the Note hereunder shall be given to the City by first class mail, postage prepaid, mailed not less than sixty (60) days prior to the applicable prepayment or purchase date. This Note is issued by the City for the purpose of making street oversizing and related improvements within the City, under the authority of and in full conformity with the Constitution and Laws of the State of Colorado, the Charter and Code of the City, and pursuant to an ordinance of the City duly passed and finally adopted on January 15, 1985 (the "Ordinance") . Both the principal of this Note and the interest hereon are payable solely from Street Oversizing Fee revenues , the Street Oversizing Fund, as established pursuant to Sections 95-88, et seq. , of the Code 5 - of the City, as amended, (the "Fund" ) , and other legally available revenues of the City; provided however, ad valorem taxes of the City shall not be used for such purposes , all as more particularly set forth in the Ordinance authorizing the issuance of this Note. This Note does not constitute a debt of the City of Fort Collins within the meaning of any constitutional , statutory or charter limitation or provisions , and shall not be considered or held to be a general obligation of the City. It is hereby certified, recited and warranted that for the payment of this Note, the City has created and will maintain until such time as this Note is paid the Fund and will deposit therein, out of the revenues of the Street Oversizing Fee, the amounts and revenues specified in said Ordinance , and out of the Fund, and as an irrevocable charge thereon, will pay this Note and the interest thereon, in the manner provided by said ordinance. This Note is negotiable and shall be transferable by delivery , but only to an institutional investor. It is further recited and certified that all requirements of law and all conditions precedent have been fully complied with by the proper officers of the City in the issuance of this Note. IN TESTIMONY WHEREOF, the City of Fort Collins , Colorado, has caused this Note to be signed with the manual signature of its Mayor, sealed with the seal of the City, attested by the manual signature of the City Clerk, countersigned with the manual signature of the City Director of Finance, as of the day of THE CITY OF FORT COLLINS, COLORADO By Mayor (SEAL) ATTEST: COUNTERSIGNED: City Clerk Director of Finance 6 - SCHEDULE OF ADVANCES AND PREPAYMENTS ON THE NOTE OUTSTANDING A14OUNT OF AMOUNT OF NOTATION PRINCIPAL DATE ADVANCE PREPAYMENT MADE BY BALANCE 7 - PRCVISION FOR REGISTRATION This Note is registered in the office of the City Clerk of the City of Fort Collins, in Fort Collins, Colorado, as Registrar, or her successor, in the name of the last owner listed below; and the principal and interest on this Note shall be payable only to such owner; all in accordance with the ordinance authorizing the issuance of this Note. No transfer of this Note shall be valid unless made on the registration books kept by the Registrar by the registered owner or his duly authorized attorney and noted in the registration blank below. NAME OF REGISTERED OWNER DATE OF AND ADDRESS, TAX I.D. NUMBER SIGNATURE OF REGISTRATION OR SOCIAL SECURITY NUMBER REGISTRAR [End of Form of Note] Section 4. Disposition of Note Proceeds. The Note shall be issued and sold for the purpose of making street oversizing and related improvements within the City. Neither the purchaser of the Note nor the subsequent holder thereof shall be responsible for the application or disposal by the City or any of its officers of the funds derived from the sale thereof. The issuance of the Note by the City shall constitute a warranty by and on behalf of the City for the benefit of each and every holder the Note, that said Note has been issued for a valuable consideration in full conformity with the law. All or any portion of the Note proceeds may be temporarily invested, or reinvested, pending such use, in securities or obligations which are lawful investments for such municipalities in the State of Colorado. It is hereby covenanted and agreed by the City that the temporary investment or reinvestment of the Note proceeds, or any portion thereof, shall be of such nature and extent, and for such period, that the Note shall not be or become an "arbitrage bond" within the meaning of Section 103 (c) of the Internal Revenue Code of 1954 , as amended (the "Tax 8 - Code") , and pertinent regulations , and such proceeds, if so invested or reinvested, shall be subject to the limitations and restrictions of said Section 103 (c) , and pertinent regulations as the same now exist or may later be amended. The City shall not permit all or a major portion of the proceeds of the Note to be used directly or indirectly in any trade or business carried on by any person who is not an exempt person within the meaning of Section 103 (b) of the Tax Code. Section 5. Street Oversizing Fee . By Ordinance No. 112, 1979 , dated September 11 , 1979 , as amended, the Council has levied and imposed a Street Oversizing Fee. Section 6 . Payment of Principal and Interest and Maintenance of Street Oversizing Fund. The City hereby covenants that as long as the Note shall be outstanding all revenues from the Street Oversizing Fee as receipted by the City, shall be set aside and credited immediately, to the special Street Oversizing Fund established pursuant to Section 95-88 of the Code. This Fund, as long as the Note shall be outstanding , shall be accumulated and administered, and the moneys on deposit therein shall be applied solely for payment of the principal of and interest on the Note and for any legal purpose for which the Street Oversizing Fee and Street Oversizing Fund were established. In the event revenues from the Street Oversizing Fee and monies in the Street Oversizing Fund are insufficient to pay when due the amount of principal of and interest on the Note , the City shall use other revenues of the City legally available therefor to pay when due such amounts; provided however, ad valorem of taxes of the City shall not be used for such purposes nor shall the obligations evidenced by the Note constitute a lien on the real property or any other property of the City. Section 7. Covenants of the City. The City hereby irrevocably covenants and agrees with the holder of the Note issued under the provisions of this Ordinance, until such time as the principal of and interest on the Note shall have been paid in full: (1) The City Council will not repeal Ordinance No. 112, 1979 , as amended, and that it will not amend Chapter 95 of the Code of the City by decreasing the Street Oversizing Fee, or in any way which would adversely affect the amount of Street Oversizing Fee revenues which would otherwise be collected. (2) It will administer, enforce and collect or cause to be administered, enforced and collected, the Street Oversizing Fee authorized by said Chapter 95 , and shall take such necessary 9 - action to collect delinquent payments as shall be authorized by Chapter 95 in accordance with law. (3) It will keep such books and records showing the proceeds of the Street Oversizing Fee in which complete entries shall be made in accordance with standard principles of accounting, and any owner or holder of the Note shall have the right at all reasonable times to inspect the records and accounts relating, to the collection and receipts of such Street Oversizing Fees. (4) It will, upon written request of the holder of the Note , cause an audit of the records relating to the collection and receipts of the Street Oversizing Fee revenues, and upon request , make available the report of the auditor or accountant to the holder of the Note, and shall mail a copy of the report to the original purchaser of the Note. Such audit may be made part of and included within the general audit of the City, and made at the same time as the general audit. Section 8. Additional Notes or Bonds. The City hereby covenants and agrees that so long as the Note remains outstanding and unpaid, the City will not issue in the future any additional notes ote or bonds or other obligations payable out of the revenues derived from its Street Oversizing Fees or any part thereof which are superior to the Note unless all of the following conditions are met. a. The City shall not be in default in the payment of principal of or interest on the Note; and b. The annual revenues derived by the City from its Street Oversizing Fees for the fiscal year immediately preceding the issuance of additional obligations shall have been not less than 125% of the average amount required to be paid out of said revenues in any succeeding fiscal year on account of both principal and interest becoming due with respect to all revenue obligations of the City payable from the revenues from the Street Oversizing Fee including the additional obligations proposed to be issued. Nothing in this section contained shall prohibit or restrict the right of the City to issue additional revenue bonds, notes or other revenue obligations for the purpose of extending, improving, enlarging, repairing , or altering the City' s street system and to provide that the principal of and interest on said revenue bonds, notes or obligations shall be payable out of the revenues from the Street Oversizing Fee or the Street Oversizing Fund on a party with or junior and subordinate to the Note. - 10 - Section 9. Acceleration of Maturity in Event of Default. The City covenants and agrees that if it shall default in the payment of the principal of or interest on the Note as the same shall become due and such default shall continue for a period of thirty (30) days or if the City or its governing body or any of its officers , agents , or employees thereof, shall fail or refuse to comply with any of the provisions of the Constitution or applicable statutes of the State of Colorado, or the laws or ordinances of the City, or of this Ordinance, then at any time thereafter and while such default shall continue, the holder of the Note may by written notice to the City filed in the office of the City Clerk or delivered in person to said City Clerk, declare the principal of the Note to be due and payable immediately and upon any such declaration given as aforesaid, the Note shall become and be immediately due and payable, anything in this Ordinance or in the Note contained to the contrary notwithstanding. This provision, however, is subject to the condition that if at any time after the principal of the Note shall have been so declared to be due and payable, all arrears of interest upon the Note except interest accrued but not yet due on such Note and all arrears of principal upon the Note shall have been paid in full and all of the defaults , if any, by the City under the provisions of this Ordinance and under the provisions of the statutes of the State of Colorado or the laws and ordinances of the City, shall have been cured then and in every such case the holder of the of the Note by written notice to the City given as herein before specified may rescind and annul such declaration and its consequences but no such rescission or annulment shall extend to or effect any subsequent default or impair any rights consequent thereon. Section 10 . Remedies. The provisions of this Ordinance, including the covenants and agreements herein contained, shall constitute a contract between the City and the holder of the Note, and the holder of the Note shall have the right: (a) By mandamus or other suit, action or proceedings at law or in equity to enforce its rights against the City and its officers , agents and employees, and to require and compel duties and obligations required by the provisions of this Ordinance or by the Constitution and laws of the State of Colorado, or the laws and ordinances of the City; and (b) By suit, action or other proceedings in equity or at law to require the City, its officers , agents and employees to account as if they were the trustees of an express trust; and (c) By suit, action or other proceedings in equity or at law to enjoin any acts or things which may be unlawful or in violation of the rights of the holder of the notes. - 11 - Nothing contained in this Ordinance, however , shall be construed as imposing on the City any duty or obligation to levy any taxes whether to meet any obligation incurred herein or to pay the principal of or interest on the Note. 11 No holder of the Note secured hereby shall have any right in any manner whatever by its action to affect, disturb or prejudice the security granted and provided for herein, or to enforce any right hereunder, except in the manner herein provided, and all proceedings at law or in equity shall be instituted, had and maintained for the benefit of the holder of the Note. No remedy conferred herein upon the holder of the Note is intended to be inclusive of any other remedy, but each such remedy shall be cumulative and in addition to every other remedy and may be exercised without exhausting and without regard to any other remedv conferred herein. No waiver of any default or breach of duty or contract by the holder of the Note shall extend to or affect any subsequent default or breach of duty or contract or shall impair any rights or remedies thereon. No delay or omission of the holder of the Note to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or accuiescence therein. Every substantive right and every remedy conferred upon the holder of the Note by this Ordinance may be enforced and exercised from time to time and as often as may be deemed expedient. In case any suit, action or proceedings taken by the holder of the Note on account of any default or to enforce any right or exercise any remedy shall have been discontinued or abandoned for any reason, or shall have been determined adversely to such holder of the Note , then, and in every such case, the City and the holder of the Note shall be restored to their former positions and rights hereunder, respectively, and all rights , remedies , powers and duties of the holder of the Note shall continue as if no such suit, action or other proceedings had been brought or taken. Section 11. Defeasance. When all principal and interest in connection with the Note hereby authorized have been duly paid, the pledge and lien and all obligations hereunder shall thereby be discharged and the Note shall no longer be deemed to be outstanding within the meaning of this Ordinance. There shall be deemed to be such due payment when the City has placed in escrow and in trust with a commercial bank located within or without the State of Colorado, and exercising trust powers , an amount sufficient (including the known minimum yield from Federal Securities in which such amount may be initially invested) to meet all requirements of principal and interest as the same become due to their final maturities. The Federal Securities shall become due at or prior to the respective times on which the proceeds thereof shall be needed , in accordance with the schedule established and agreed upon between the City and such bank, at the - 12 - time of the creation of the escrow, or the Federal Securities , shall be subject to redemption at the option of the holders thereof to assure such availability as so needed to meet such schedule. The term "Federal Securities" within the meaning of this section shall include only direct obligations of, or obligations the principal and interest of which are unconditionally guaranteed by, the United States of America. Section 12 . Severability. If any one or more sections or parts of this Ordinance shall be adjudged unenforceable or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Ordinance, it being the intention that the various provisions hereof are severable. Section 13. Repealer. All ordinances or parts thereof in conflict with this Ordinance are hereby repealed. Section 14. Ordinance Irrepealable. After the Note is issued this Ordinance shall be and remain irrepealable until the Note and the interest thereon shall have been fully paid, satisfied and discharged. Section 15. Recording and Authentication. This Ordinance , as adopted by the Council, shall be numbered and recorded, and the adoption and publication shall be authenticated by the signatures of the Mayor and City Clerk and by the certificate of the publisher, respectively. Introduced, considered favorably on first reading and ordered published this 18th day of December , 1984 , and to be presented for final passage on the 15th day of January, 1985. (SEAL) Mayor ATTEST: City Cl Passed and adopted on final reading on this 15th day of January, 1985. Mayor 13 - ATTEST: City Cl Councilmember Elliott moved that the foregoing Ordinance heretofore introduced and read by title be approved on first reading. Councilmember Stoner seconded the motion. The question being upon the approval on first reading of the Ordinance, the roll was called with the following results: Councilmembers voting "AYE" : Gerry Horak, Mayor E. John Clarke , Assistant Mayor John B. Knezovich William C. Elliott Ed Stoner Kelly Ohlson Barbara Rutstein Councilmembers voting "NAY" None The Mayor thereupon declared that, a majority of the Councilmembers present having voted in favor thereof, the motion was carried and the Ordinance duly approved on first reading. Thereupon the Mayor ordered said Ordinance published once in full together with a notice giving the date when said Ordinance will be presented for final passage in The Coloradoan, a newspaper of general circulation published in the City, at least seven (7) days before presentation for final passage. - 14 - After consideration of other business to come before the Council, the meeting was adjourned. Mayor Gerry Crak ATTEST: City Clerk 1�eRS Wanda M. Krajicek STATE OF COLORADO ) COUNTY OF LARIMER ) CITY OF FORT COLLINS ) The Council of the City of Fort Collins, Colorado, held a regular meeting at 300 LaPorte Avenue, Fort Collins, Colorado, on Tuesday, the 15th day of January, 1985 , at the hour of 6:30 P.M. The following persons were present: Councilmembers: Gerry Horak, Mayor E. John Clarke, Assistant Mayor John B. Knezovich William C. Elliott Ed Stoner Kelly Ohlson Barbara Rutstein City Manager: John E. Arnold City Clerk: Wanda M. Krajicek The following persons were absent: None The Mayor informed the Council that Ordinance No. 197 , 1984, which was introduced, approved on first reading, and ordered published once in full at a regular meeting of the Council held on December 18 , 1984 , was duly published in The - 15 - Coloradoan, a newspaper of general circulation published in the City , in its issue of December 23 , 198 4 . Councilmember Knezovich then read said Ordinance by its title. ;'hereupon, Councilmember Knezovich moved the final passage of Ordinance No. 197 , 1984 , and the question being upon the final passage of said Ordinance, the roll was called with the following results : Councilmembers voting "AYE" : Gerry Horak, mayor E. John Clarke , Assistant Mayor John B. Knezovich C7illiam C. Elliott Ed Stoner Xelly Ohlson Barbara Rutstein Councilmembers voting "NAY" : None The Mayor thereupon declared that a majority of the Councilmembers present having voted in favor thereof, the motion was carried and the Ordinance finally passed. Thereupon the Mayor ordered said Ordinance published by number and title only together with a notice of the final passage of the Ordinance in the Coloradoan, a newspaper of general circulation published in the City, within five (5) days after said final passage. After consideration of other business to come before the Council the meeting was adjourned. A nAk 14ayor 11 Gerry Horak ATTEST: City Clerk ' Wanda M. Krajicek - 16 - STATE OF COLORADO ) ss. COUNTY CF LARIMER ) CITY OF FORT COLLINS ) I, Wanda M. Krajicek, City Clerk of the City of Fort Collins , Colorado, do hereby certify that the attached copy of Ordinance No.197. 19,94 . is a true and correct copy; that said Ordinance was introduced and approved on first reading by the Council of the City of Fort Collins, at a regular meeting thereof held at 300 LaPorte Avenue, Fort Collins, Colorado, the regular meeting place thereof, on Tuesday, the 18th day of December, 1984 , that said Ordinance was finally passed on second reading by said Council at a regular meeting thereof held at 300 LaPorte Avenue, Fort Collins, Colorado, the regular meeting place thereof, on Tuesday, the 15th day of January, 1985 , that a true copy of said Ordinance has been authenticated by the signatures of the Mayor of said City and myself as recorded in a book marked "Ordinance Record" kept for such purpose in my office; and that said Ordinance was duly published once in full together with a notice giving the date when said Ordinance would be presented for final passage and once by number and title only together with a notice stating the date when said Ordinance would be presented for the final passage thereof, in the The Coloradoan , a newspaper of general circulation published in the City , in its issues of December 23 84 , and January 20, 1985 , as evidenced by the certificates of the publisher attached hereto at pages 21 and 22. I further certify that the foregoing pages 1 through 19 , inclusive, constitute a true and correct copy of the record of the proceedings of said Council at its regular meetings of December 18 , 1984 , and January 15 , 1985, insofar as said proceedings relate to said Ordinance; and that said proceedings were duly had and taken, that the meetings were duly held; and that the persons were present at said meetings as therein show. IN WITNESS WHEREOF, I have hereunto sat my hand and the seal of the City of Fort Collins this 21st day of January , 1985. ao 1� City Clerk Wanda M. Krajicek 17 - STATE OF COLORADO ) COUNTY OF LARIMER ) ss. CITY OF FCRT COLLINS ) (Attach affidavit of publication in full of Ordinance and notice giving date when Ordinance to be presented for final passage. ) SON1 : 1 18 - The Coloradoan STATE OF COLORADO COUNTY OF LARIMER )as. AFFIDAVIT OF PUBLICATION Tprpgp R Anderson being first duly sworn upon oath, deposes and says: That said is the 1 i rl erk of The Coloradoan; that said has personal knowledge of all facts set forth in this affidavit; that The Coloradoan is a public daily newspaper of general circulation, having its principal office and place of business situated in said County of Larimer; that said Coloradoan is printed and published daily; that said Coloradoan is a daily newspaper, duly qualified for the purpose set forth within the meaning of Chapter 109, Article 1, Sections 1-1 to 1-8 inclusive of Colorado Revised Statutes 1973, anA any amendment thereof passed prior to the date hereof; that said newspaper had, prior to January 1, 1936, and has ever since said date been admitted to the United States Mails as second class matter under the provisions of the Act of March 3, 1879, and any amendments thereof, that said newspaper is printed in whole in said County of Larimer and has a general circulation therein; that said newspaper has been so printed and published as a public daily newspaper of general circulation in said County of Lar- imer, uninterruptedly and continuously, during the period of more than fifty-two consecu- tive weeks next prior to the first issue thereof containing the annexed legal notice of advertisement; that said annexed legal notice or advertisement was published in the regular and entire editions of said newspaper for __ L successive w*6"an Say that the first publication of said legal notice or advertisement was in the regular and entire edition of said newspaper on the 93rd day of —December , A.D. 19-84--; that the last publication of said legal notice or advertisement was in the regular and entire edition of said newspaper on the 23rd day of December , A.D. 19 84, and that copies of each number of said paper in which said notice or advertisement was published were delivered by carriers or transmitted by mail to each of the subscribers of said paper, according to the accustomed mode of business in this office. n C-39 Subscribed and sworn to before me, at and within the County of Larimer, State of Colorado this — 91rel day of j.r�—hgr A.D. 19 cis. MY Comm;-:Sion ; 15, IM My commission expires 1212,ftcl,ide, Fort Co-'in>, Co 83524 Notary Public Delivered to City Clerk __— i ne Coloradoan STATE OF COLORADO COUNTY OF LARIMER )ss. AFFIDAVIT OF PUBLICATION Terese R. Anderson being first duly sworn upon oath, deposes and says: That said is the Legal Clerk of The Coloradoan; that said has personal knowledge of all facts set forth in this affidavit; that The Coloradoan is a public daily newspaper of general circulation, having its principal office and place of business situated in said County of Larimer; that said Coloradoan is printed and published daily; that said Coloradoan is a daily newspaper, duly qualified for the purpose set forth within the meaning of Chapter 109, Article 1, Sections 1-1 to 1-8 inclusive of Colorado Revised Statutes 1963, and any amendment thereof passed prior to the date hereof; that said newspaper had, prior to January 1, 1936, and has ever since said date been admitted to the United States Mails as second class matter under the provisions of the Act of March 3, 1879, and any amendments thereof, that said newspaper is printed in whole in said County of Larimer and has a general circulation therein; that said newspaper has been so printed and published as a public daily newspaper of general circulation in said County of Lar- imer, uninterruptedly and continuously, during the period of more than fifty-two consecu- tive weeks next prior to the first issue thereof containing the annexed legal notice of advertisement; that said annexed legal notice or advertisement was published in the regular and entire editions of said newspaper for I successive-veelts-ea day of each successive week; that the first publication of said legal notice or advertisement was in the regular and entire edition of said newspaper on the 20rh day of January , A.D. 1985_; that the last publication of said legal nolWehor advertisemenj was in the regular and ent' edition of said newspaper on the t day of January A.D. 19 �, and that copies of each number of said paper in which said notice or advertisement was published were delivered by carriers or transmitted by mail to each of the subscribers of said paper, according to the accustomed mode of business in this office. D-34 Subscribed and sworn to before me, at and within the County of Larimer, State of Colorado this 20th day of January A.D. 19 85 1 197 My commission expires _ Notary Public Delivered to Ci ry Clerk