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HomeMy WebLinkAbout131 - 10/18/1983 - CONCERNING FAIRBROOKE SPECIAL IMPROVEMENT DISTRICT NO. 79 ORDINANCE NO. 1312 1983 AN ORDINANCE CONCERNING THE CITY OF FORT COLLINS, COLORADO, FAIRBROOKE SPECIAL IMPROVEMENT DISTRICT NO. 79; RATIFYING ACTION HERETOFORE TAKEN IN CONNECTION THEREWITH; PROVIDING FOR THE COLLECTION OF SPECIAL ASSESSMENTS TO BE LEVIED TO DEFRAY THE COSTS OF IMPROVEMENTS THEREIN; PROVIDING FOR THE ISSUANCE OF SPECIAL ASSESSMENT BONDS PAYABLE FROM THE ASSESSMENTS TO BE LEVIED IN SAID DISTRICT; PRESCRIBING DETAILS IN CONNECTION WITH SAID ASSESSMENTS, BONDS AND DIS- TRICT, INCLUDING THE MANNER OF ADDITIONALLY SECURING AND EFFECTING THE PAYMENT OF SAID BONDS; PRESCRIBING DUTIES OF CERTAIN PUBLIC OFFICIALS IN CONNECTION WITH SAID ASSESS- MENTS , BONDS AND DISTRICT; REPEALING ALL ORDINANCES AND OTHER ACTION OF THE CITY TO THE EXTENT INCONSISTENT HERE- WITH; AND PROVIDING OTHER MATTERS RELATING THERETO. WHEREAS, the City of Fort Collins (the "City") , in the County of Larimer and State of Colorado (the "State") , is a political subdivision of the State, a body corporate and politic, and a munici- pal corporation duly organized and existing as a home-rule city under Article XX of the State Constitution and the Charter of the City (the "Charter" ) ; and WHEREAS, the City Council (the "Council") of the City, .pur- suant to the Charter and Chapter 16 of the Code of the City of Fort Collins (the "Code") relating to local improvements and the financing thereof, has established, by Ordinance No. 130 , passed on first reading on October 4 , 1983 (the "ordinance creating the District") , within the corporate limits of ,the City, a local improve- ment district known and designated as the City of Fort Collins, Colorado, Fairbrooke Special Improvement District No. 79 (the "District") , for the purpose of making certain local street, water, sanitary sewer and drainage improvements and assessing the cost thereof to the property benefited thereby; and -2- } WHEREAS, pursuant to the Code and the ordinance creating the District, the City Manager has entered into an agreement with Wheeler Realty Company (the "Company") , the sole property owner in the District, providing for the management of the acquisition, con- struction and installation of the improvements in the District by the Company, including all bidding for work on the improvements and awarding contracts therefor ; and WHEREAS, pursuant to such agreement, the Company published and posted notices to bidders, received bids and entered into a con- struction contract with the lowest responsible bidder for the improvements to be acquired in the District, as described in the ordinance creating the District; and WHEREAS , pursuant to the Code and the ordinance creating the District, upon completion and acceptance of the improvements in the District and determination of the final cost thereof, the Director of Finance will prepare an assessment roll for the District and after a notice thereof and a hearing thereupon, assessments shall be levied by ordinance; and WHEREAS, the City and the officers thereof desire to sell the special assessment bonds of the District (the "bonds") in the principal amount of $1,375,000 ; and WHEREAS , the City has entered into a contract with Coughlin & Company, Denver, Colorado (the "initial purchaser") , for the purchase of such bonds for 96.75% of the principal amount there- of, plus accrued interest to the date of delivery; and WHEREAS , Section 7 of Ordinance No. 130 , i. e. , the ordi- nance creating the District, provides : "The assessments to be levied for the improvements shall be due and payable within thirty (30) days after the final publication date of the ordinance assessing the costs of the improvements against the real property in the -3- i District. In the event any owner of real estate shall fail to pay the whole of such assessment against his property within said thirty (30) days, the balance of the cost of the improvements so assessed against his property shall be payable in seven . (7) annual installments of principal, with the first such installment due on December 1 , 1986, as shall be provided and determined in and by the assessing ordinance, with the remainder of the annual installments of principal due and payable successively on the same date in each year thereafter until all are paid in full. Interest on the unpaid installments shall accrue from December 1 , 1985 and shall be at the same rate as the highest interest rate payable on special assessment bonds to be issued by the City for the District, which interest rate shall not exceed thirteen percent (13% ) per annum, payable on December 1 , 1986 and annually thereafter, as shall be pro- vided and determined in and by the assessing ordinance. " and WHEREAS, the City and its officers have determined, and do hereby determine, with the approval of the Council, that it is neces- sary and for the best interests of the City and the District and the inhabitants thereof that, pursuant to the Charter and the Code, the City issue and sell the bonds of "City of Fort Collins, Colorado,' Fairbrooke Special Improvement District- No. 79" in the aggregate principal amount of $1,375,000 to the initial purchaser for 96.75%" of the principal amount thereof plus accrued interest, for the purpose of paying the cost of said local improvements, including all proper incidental expenses ; and WHEREAS , the Council has further determined, and does hereby declare, that the payment of the interest on and the principal of said bonds shall be additionally secured as provided by this ordinance pursuant to Article V, Section 20 .5 of the Charter ; and -4- f WHEREAS, all such bonds are herein authorized to be, and they shall be, issued upon approval by the Council ; and WHEREAS, due to the foregoing provisions and for other good and sufficient reasons, the Council has determined, and does hereby declare, that it is necessary and for the best interests of the City and the District and the inhabitants thereof that this ordinance be adopted and, pursuant to Article II, Section 7 of the Charter, the Council hereby deems it appropriate that said ordinance be published by title and summary. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY' OF FORT COLLINS : Section 1 . All action (not inconsistent with the. provi- sions of this ordinance) heretofore taken by the City, the Council and the officers of the City, directed toward the creation of the District, the acquisition, construction and installation of the public improvements therein, the sale and issuance of its public local improvement special assessment bonds and the levy of assess- ments for that purpose , be , and the same hereby is, ratified, approved and confirmed. Section 2 . The City be , and it hereby is, authorized, empowered and directed, and it shall be its duty, to receive, collect and enforce the payment of all assessments to be made and levied for said local improvements, and all installments thereof, all interest thereon, and all penalties accrued, in the same manner and at the same time or times as prescribed by the Code, by the ordinance creat- ing the District and by this ordinance, and to pay and disburse said payments, the installments thereof, the interest thereon, and penal- ties thereto, to any person or persons lawfully entitled thereto, subject however to the appointment of any successor paying agent to disburse said payments as herein provided. Section 3 . Subject to 5 16-25 of the Code concerning the certification and delivery of the assessment roll to the County -5- t i Treasurer of Larimer County for collection of assessments to be paid in installments, the Director of Finance be, and he hereby is, author rized, empowered and directed, and it shall be his duty, to receive and collect, at the time and in the manner specified in the Code, the ordinance creating the District and this ordinance, all assessments, the installments thereof, the interest thereon, and the penalties accrued, to be levied to defray all of the total cost of the desig- nated local improvements in the District and to pay and disburse such payments to the person or persons lawfully entitled to receive the same (subject to Section 6 hereof) , in accordance with the laws of the State, with the Charter, and with all the ordinances and resolu- tions of said City .heretofore or to be hereafter adopted, including but not limited to the Code, the ordinance creating the District, and this ordinance. All moneys received from such assessments, except as provided in Section 5 hereof, shall be placed in a separate fund to be designated "City of Fort Collins, Colorado, Fairbrooke Special Improvement District No. .79 , Special Assessment Bends, Series 1983, Interest and Bond Retirement Fund" (the "Bond Fund") , and said moneys shall be used as soon as they are available for the purpose of paying the principal of and interest on the bonds and for no other purpose whatsoever , and as security for such payment said fund is hereby exclusively pledged. Section 4 . The Director of Finance shall be, and he also hereby is, authorized, empowered and directed, and it shall be his duty, to receive surplus local improvement district moneys pursuant to Article V. Section 20 .5 (b) of the Charter, and to place all said moneys in a surplus and deficiency fund heretofore or hereafter established pursuant thereto (the "Surplus Fund and Deficiency Fund") and to disburse therefrom said moneys for the payment of the princi- pal of and interest on the City ' s local improvement or special assessment bonds , including the bonds herein authorized, to the extent necessary. The bonds herein authorized, together with bonds of other special or local improvement districts within the City, are -6- t i ;el and shall continue to be additionally secured and their payment shall be supplemented by the Surplus and Deficiency Fund, which consists of moneys remaining to the credit of special or local improvement dis- tricts the bonds of which have been paid in full, both principal and interest; and whenever there is a deficiency in the. Bcnd Fund to meet the payment of outstanding bonds herein authorized and interest due thereon, as the same become due, the deficiency shall be paid out of the Surplus and Deficiency Fund. Section 5 . Whenever three-fourths (3/4) of the bonds authorized herein to be issued for the District have been paid and cancelled and for any reason the remaining assessments are not paid in time to redeem the remaining bonds of the District, and there is not sufficient money in the Surplus and Deficiency Fund, the Director of Finance shall be, and he hereby is, authorized, empowered and directed and it shall .be his duty, to pay on the City' s behalf the remaining bonds and the interest thereon when due. The City shall levy additional ad valorem taxes necessary therefor and reimburse itself by collecting the unpaid assessments due the District. Section 6 . For the purpose of defraying the entire cost and expense of making said improvements, including all such proper incidental expenses, there shall be issued in the name of the City, fully registered (i.e. , registered as to both principal and interest, in compliance with 5 103 (j) of the Internal Revenue Code of 1954, as amended, and the regulations of the Secretary of the Treasury thereunder ) , special assessment bonds designated "City of Fort Collins , Colorado, Fairbrooke Special Improvement District No. 79 , Special Assessment Bonds , Series 1983" (the "bonds") in the aggregate principal amount of 51,375,000 , consisting of 309 bonds, numbered consecutively from 1 to 275 , both inclusive, in the denomi- nation of $5 ,000 each, bearing date as of the first day of November, 1983 , being payable to the registered owner thereof in regular numerical order on the first day of November , 1993 , and bearing interest from date until maturity, payable semiannually on the first -7- days of May and November in each year, commencing on the first day of May, 1984 , and the bonds being numbered and bearing interest at the rates hereinbelow designated as follows: Bond Numbers Interest Rates (All Inclusive) (Per Annum) 1 - 32 9 .50% 33 - 67 10 .00% 68 - 106 10 . 50% 107 - 149 11 .00% 150 - 197 11 .25% 198 - 250 11 .40% 251 - 275 11 .50% both principal and interest being payable in lawful money of the United States of America. The principal of any bond shall be payable to the registered owner as shown on the registration books kept by the City Clerk of the City of Fort Collins in Fort Collins, Colorado, as registrar (the "registrar" ) , upon maturity thereof and upon pre- sentation and surrender at the office of the Director of Finance of the City of Fort Collins in Fort Collins, Colorado (the "paying agent") . Payment of interest on any bond shall be paid to the regis- tered owner thereof by check or draft mailed by the paying agent, on or before each interest payment date (or, if such interest payment date is not a business day, on or before the next succeeding business day) , to his address as it last appears on the registration books kept by the registrar . If, upon presentation of any bond at maturi- ty, payment is not made as therein provided, interest thereon shall continue at the same rate per annum until the principal thereof is paid in full. If the registrar or paying agent initially appointed here- under shall resign, or if the .City shall reasonably determine that said registrar or paying agent has become incapable of fulfilling his -8- � f ._1 or her duties hereunder , the City may, upon notice mailed to each registered owner of bonds at the address last shown on the registra- tion books , appoint a successor registrar or paying agent, or both. Every such successor registrar or paying agent shall be a bank or trust company located in and in good standing in the State of Colorado and having a capital and surplus of not less than $5 ,000 ,000 . It shall not be required that the same institution serve as both registrar and paying agent hereunder, but the City shall have the right to have the same institution serve as both registrar and paying agent hereunder. The proceeds of the bonds, other than amounts to be used to pay interest on the bonds through November 1 , 1986 and amounts received as accrued interest on the bonds, which shall be deposited in the Bond Fund, shall be deposited in the account to be established for the District in the City' s Capital Projects Fund, and shall be used to pay the cost and expense of making said improvements in the District, including all such proper incidental costs. Section 7 . All of the bonds shall be subject to redemp- tion prior to maturity in regular numerical order at any time, subject to the provisions of the following sentence, from available funds in the Bond Fund at the option of the City, at a price equal to the principal amount thereof with accrued interest to the redemption date. Within thirteen months of receipt of moneys initially depos- ited in the Bond Fund (other than from bond proceeds) it shall be the duty of the Director of Finance to call in, and the duty of the paying agent to pay, a suitable number of any bonds outstanding, pro- vided that the Bond Fund (except for amounts initially deposited therein from bond proceeds) shall be depleted at least once a year except for a reasonable carryover amount not to exceed the greater of one year ' s earnings on the Bond Fund or one-twelfth of annual debt service on the bonds. Notice of prior redemption shall be given by the Director of Finance in the name of the City by mailing copy of such notice by registered mail at least forty-five days and not more -9- than sixty days prior to the designated redemption date to the initial purchaser and to each registered owner of any bonds desig- nated for redemption, at their addresses as the same shall last appear upon the registration books kept by the registrar. Such notice shall specify the number or numbers of the bonds to be so redeemed and the date fixed for redemption, and shall further state that on such date there will become and be due and payable upon each bond so called at the paying agent the principal amount thereof with accrued interest to the redemption date, and that from and after such date interest shall cease. Notice having been given in the manner hereinabove provided, the bond or bonds so called shall become due and payable on the date so designated, and upon presentation thereof at the paying agent, the City will pay the bond or bonds so called. Section 8. The bonds herein authorized to be issued may be refunded in accordance with and under the conditions imposed by the laws of the State and the City in force at the effective date of this ordinance and not otherwise. Section 9 . The person in whose name a bond shall be reg- istered on the registration books kept by the registrar shall be deemed and regarded as the absolute owner thereof for all purposes and payment of principal of and interest on any bond shall be made only to or upon the written order of the registered owner thereof or his legal representative. A bond shall be fully transferable by the registered owner thereof in person or by his duly authorized attorney on the registration books kept at the office of the registrar upon presentation of the bond together with a duly executed written instrument of transfer satisfactory to the registrar. Such transfer shall be noted on such registration books and on the bond. Such transfer shall be without charge to the owner of the bond, except that the registrar may require the payment by the owner of the bond of any tax or other governmental charge required to be paid with respect to such transfer . The registrar shall not be required to transfer any bond during the period of fifteen days next preceding -10- any interest payment date , nor to transfer any bond after the publication or mailing of notice calling such bond for redemption as hereir provided, nor during the period of fifteen days next preceding such publication or mailing of notice of redemption. Section 10 . The bonds shall be executed in the name of the City, shall be signed by the manual or facsimile signature of the Mayor , shall be countersigned by the manual or facsimile signature of the Director of Finance, shall bear the seal of the City or a facsim- ile thereof and shall be attested and subscribed by the manual or facsimile signature of the City Clerk. The Mayor, Director of Finance and City Clerk, by the execution of a signature certificate relating to the bonds, shall adopt as and for their respective signa- tures the facsimiles thereof appearing on the bonds and shall thereby execute them. The bonds bearing the facsimile signatures of the officers in office at the time of the authorization thereof shall be the valid and binding obligations of the City, notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose facsimile signatures appear thereon shall have ceased to fill their respective offices. The Mayor, Director of Finance and City Clerk, at the time of the execution of a signature certificate relating to the bonds by each of said officers, may each adopt as and for his or her own facsimile signature the facsimile signature of his or her predecessor in office in the event that such facsimile signa- ture appears on any of the bonds. The City Clerk shall preserve a record of the bonds in a suitable book provided and kept for that purpose in her office. No bond shall be valid or obligatory for any purposes unless the registrar has duly executed the provision for registration thereon. The provision for registration shall be deemed to have been duly executed by the registrar if manually signed by the registrar or , in the case of any successor registrar, an authorized officer of the successor registrar, but it shall not be necessary that the same officer sign the provision for registration on all of the bonds -11- . t • 1 issued hereunder nor upon all transfers of any one bond. In the. event that the spaces in the provision for registration are insuffi- cient to reflect all transfers of a bond, the registrar may, upon surrender of such bond, replace the same with a new registered bond bearing the same number. The registrar shall cancel the bond surren- dered but shall preserve a record thereof . If any bond shall be lost, stolen, destroyed or mutilated, the registrar shall, upon receipt of such evidence or information relating thereto and such reimbursement for expenses as the registrar may reasonably require, register and deliver to the registered owner thereof a replacement for such bond bearing the same number as the bond so replaced. If such lost, stolen, destroyed or mutilated bond shall have matured, the registrar may direct the paying agent to pay such bond in lieu of replacement. Section 11 . Except as herein stated, the bonds authorized by this ordinance and the interest thereon shall be payable solely from the Bond Fund, consisting only of moneys collected (principal, interest and penalties, if any). from the assessments to be levied to pay for the improvements; provided that any proceeds from the sale of the bonds remaining in the account for the District in the City' s Capital Projects Fund after the payment or reimbursement to the City of all the costs and expenses of making the improvements shall be deposited in the Bond Fund and used for bond redemption. Any assess- ments in the Bond Fund remaining after the bonds, both principal and interest, are paid in full, shall be deposited in the Surplus and Deficiency Fund referred to in Section 4 hereof. Immediately upon the collection of any assessments, the moneys therefrom shall be deposited in the Bond Fund; and the Bond Fund is and will continue to be irrevocably and exclusively pledged for the payment of the princi- pal of and the interest on the bonds. The City, as well as redeeming the bonds with any such surplus bond proceeds and with assessments collected during the thirty days after the publication of the assessment ordinance following its final passage, shall redeem the -12- bonds as herein provided from the remaining assessments payable in seven substantially equal annual installments of principal, and from annual payments of interest thereon, to the extent moneys are avail- able therefor in the Bond Fund as herein provided. The City hereby covenants for the benefit of each owner of the bonds that the total cost of the improvements in the District shall be apportioned, levied and assessed against assessable 'tracts and parcels of land in the District, in accordance with the Charter and the Code, by ordinance to be hereafter adopted upon completion of the improvements in the District. Section 12 . The bonds issued pursuant to this-ordinance shall not be a debt of the City, and the City shall not be liable thereon, nor shall it thereby pledge its full faith and credit for their payments, nor shall the bonds be payable out of any funds other than the special assessments, and other moneys pledged to the payment thereof, as herein authorized. Each bond issued under this ordinance shall recite in substance that said bond and the interest thereon are payable solely from the special assessments and other moneys pledged to the payment thereof. The payment of bonds is not secured by an encumbrance, mortgage or other pledge of property of the City except for such special assessments and other moneys pledged for the payment of bonds. No property of the City, subject to said exceptions, shall be liable to be forfeited or taken in payment of the bonds. Section 13 . The bonds shall be in substantially the fol- lowing form, with such ommissions, insertions, endorsements and vari- ations as to any recitals of fact or other provisions as may be required by the circumstances, be required or permitted by this ordi- nance, or be consistant with this ordinance and necessary or appro- priate to conform to the rules and requirements of any governmental authority or any usage or requirement of law with respect thereto: -13- (Form of Bond) UNITED STATES OF AMERICA STATE OF COLORADO COUNTY OF LARIMER CITY OF FORT COLLINS? COLORADO FAIRBROOKE SPECIAL IMPROVEMENT DISTRICT NO. 79 SPECIAL ASSESSMENT BOND SERIES 1983 No. R-_ $5 ,000 Interest Rate Maturity Date Dated As Of CUSIP November 1 , 1993 November 1 , 1983 The City of Fort Collins (the "City") , in the County of Larimer and State of Colorado, a municipal corporation duly organized ana existing, for ,value received, hereby promises, out of special funds available for the purpose, as hereinbelow set forth, to pay to the registered owner hereof, as hereinbelow provided, the principal sum of FIVE THOUSAND DOLLARS on the first day of November , 1993 , with interest hereon at the interest rate per annum specified above, such interest being payable commencing on the first day of May, 1984, and semiannually thereafter on the first days of November and May in each year. Both principal and interest are payable in lawful money of the United States of America. The principal of this bond shall be payable to the regis- tered owner hereof as shown on the registration books. kept for that purpose at the office of the City Clerk of the City, in Fort Collins, Colorado, as registrar, or her successor (the "registrar") , upon -14- maturity and presentation and surrender of this bond at the office of the Director of Finance of the City, in Fort Collins, Colorado, as paying agent, or his successor (the "paying agent" ) . The interest hereon shall be paid to the registered owner hereof by check or draft mailed by the paying agent, on or before each interest payment date (or , if such interest payment date is not a business day, on or before the next succeeding business day) , to such registered owner at his address as it last appears on the registration books kept for that purpose by the registrar . If , upon presentation at maturity, payment of this bond is not made as herein provided, interest hereon shall continue at the same rate per annum until the principal hereof is paid in full. This bond is one of a series subject to prior redemption in regular numerical order by the City, at its option at any time, at a price equal to the principal amount thereof with accrued interest to the redemption date. Redemption shall be made upon giving prior notice by mailing a copy of such notice to the registered owner of each bond to be redeemed at the address shown on the registration books not less than forty-five days nor more than sixty days prior to the redemption date in the manner and upon the conditions provided in the ordinance authorizing the issuance of this bond. This bond is one of a series of negotiable, special assess- ment bonds numbered consecutively from 1 to , both inclusive, issued by the City of Fort Collins and payable in regular numerical order, all of which are of like denomination, date and designation, and which are in the aggregate principal amount of $ Said bond series is issued in payment for local improvements made and to be made in the -15- CITY OF FORT COLLINS, COLORADO FAIRBROORE SPECIAL IMPROVEMENT DISTRICT NO. 79 pursuant to and in accordance with the Charter of the City, with Chapter 16 of the Code of the City, and in accordance with the ordi- nance creating the District and all. laws and proceedings thereunto enabling. Pursuant to the ordinance authorizing the bonds, reference to which is made for further details, the principal of and the inter- est on the bonds of the series of which this is one, except as here- inbelow stated, shall be payable solely from a special fund desig- nated "City of Fort Collins, Colorado, Fairbrooke Special Improvement District No. 79, Special Assessment Bonds, Series 1983, Interest and Bond Retirement Fund" (the "Bond Fund") consisting only of moneys collected by the City from the special assessments (principal, inter- est and penalties, if any) to be levied against all the assessable tracts and parcels of land in the District ; provided that any pro- ceeds from the sale of the bonds remaining after the payment of all the costs and expenses of making the local improvements shall be deposited in the Bond Fund and shall be used for bond redemption. The Bond Fund is irrevocably and exclusively pledged for the full and prompt payment of all the bonds to the extent moneys therein are available therefor, as provided in the ordinance authorizing. the bonds . The bonds, together' with similar securities of other spe- cial or local improvement districts in the City, shall be addition- ally secured and their payment shall be supplemented by moneys, if any, in the City' s Local Improvement District Surplus and Deficiency Fund (the "Surplus and Deficiency Fund") . Whenever there is a defi- ciency in the Bond Fund to meet the payment of outstanding bonds , principal and interest, as the same become due, the deficiency shall be made up from the Surplus and Deficiency Fund. -16- Whenever three-fourths of the bonds of the series of which this is one have been paid and cancelled and for any reason the remaining assessments therefor are not paid in time to redeem the remaining bonds of the District and interest due thereon, and there is not sufficient money therefor in the Surplus and Deficiency Fund, then the City shall pay such remaining bonds when due and interest due thereon, levy additional ad valorem taxes necessary therefor and reimburse itself by collecting the unpaid assessments due the District. The assessments to be levied in the District shall consti- tute a lien in the several amounts to be assessed against each asses- sable tract or parcel of land assessed from the date of the final publication of the assessment ordinance. The lien for such assess- ments shall be prior and superior to all other liens, claims, encum- brances and titles, whether prior in time or not and shall constitute such a lien until paid provided, however : (1) Any assessment lien is coequal with the lien for general (ad valorem) taxes but is subject to extinguishment (unless redeemed) by the sale of any property on account of the nonpayment of general taxes; (2) Any assessment lien on any tract or parcel of land is prior and superior to any assessment lien thereon subse- quently levied; and (3) Any assessment lien is possibly coequal with same liens imposed by the State of Colorado or any subdivision thereof and may be subordinate to certain liens and claims in favor of the United States of America or any agency or instru- mentality thereof. It is hereby certified, recited and declared that the bonds are issued by approval of the City Council ; and that the principal amount of the bonds does not exceed the amount authorized by law to be issued. -17- It .is hereby also certified, recited and declared that the proceedings taken to date with reference to issuing . the bonds and making such public local improvements have been regularly had and taken in compliance with law; that all prerequisites to issuing the bonds have been performed; and that all acts, conditions and things essential to the validity of this bond exist, have happened and have been done in due time, form and manner as required by law. This bond is transferable (subject to certain terms and conditions set forth in the ordinance authorizing its issuance) by the registered owner hereof in person or by his duly authorized attorney on the registration books kept at the office of the regis- trar upon presentation of this bond together with a duly executed written instrument of transfer satisfactory to the registrar. Such transfer shall be noted on such registration books and on the bond. The City, the registrar and the paying agent may deem and treat the person in whose name this bond. is .registered as the absolute owner hereof, whether or not this bond shall be overdue, for the purpose of receiving payment and for all other purposes. This bond shall not be valid or obligatory for any purpose until the registrar shall have manually signed the provision for reg- istration herein. IN TESTIMONY WHEREOF, the City Council of the City of Fort Collins has caused this bond to be executed in the name of and on behalf of the City and to bear the facsimile signature of the Mayor of the City, to be countersigned with the facsimile signature of the Director of Finance, to bear the facsimile seal of the City and to be attested by the facsimile signature of the City Clerk, all as of the first day of November , 1983 . -18- . . f Signed: (Manual or FacsjmjjQ Signature) Mayor Countersigned: (Manual or Fa Simile Signature) Director of Finance (SEAL) Attest : (Manual or FacsimileSignature) City Clerk (End of Form of Bond) -19- (Form of Registration Provision) PROVISION FOR REGISTRATION This bond is registered in the office of the City Clerk of the City of Fort Collins, in Fort Collins, Colorado, as registrar, or her successor , in the name of the last owner listed below; and the principal and interest on this bond shall be payable only to such owner , all in accordance with the ordinance authorizing the issuance of this bond. No transfer of this bond shall be valid unless made on the registration books kept by the registrar by the registered owner or his duly authorized attorney and noted in the registration blank below. Date of In Whose Name Signature of Registration Registered Registrar (End of Form of Registration Provision) -20- (Form of Assignment Provision) ASSIGNMENT PROVISION For value received, hereby assigns and transfers unto the within bond and hereby irrev- ocably constitutes attorney, to transfer the same on the books of the registrar, with full power of substitution in the premises. Dated: (End of Form of Assignment Provision) -21- Section 14 . When the bonds have been duly sold, executed and registered, the Director of Finance shall deliver them to the initial purchaser on receipt of the purchase price. The funds rea- lized from the sale of the bonds, and investment income therefrom, shall be deposited as hereinabove provided and applied solely to defray the costs and expenses of making the improvements, the cost of which improvements is to be ultimately defrayed by special assess- ments ; provided, that after said costs and expenses are paid, any funds remaining in the account established for the District in the City' s Capital Projects Fund from the sale of the bonds or investment income therefrom shall be deposited in the Bond Fund and used for the purpose of redeeming bonds; and provided further, that all moneys received as accrued interest at the time of delivery of any of the bonds shall be deposited into the Bond Fund to apply to the payment of interest next due on the bonds and. S448,320 of the proceeds of the bonds shall be deposited into the Bond Fund and shall be used to pay the interest on the bonds through November 1 , 1986. The initial pur- chaser of the bonds, however, shall in no manner be responsible for the application by the City, or any of its officers, of any of the funds derived from the sale thereof. Section 15 . So long as any of the bonds remain outstand- ing, the City will keep or cause to be kept true and accurate books of records and accounts showing full and true entries covering the collection and disposition of said special assessments as well as any delinquencies in the collection thereof, covering deposits and dis- bursements in each of said special funds herein designated, covering the redemption of bonds, both principal and interest, and covering disbursements to defray the cost of the improvements, including inci- dental expenses ; and the City will permit an inspection and examina- tion of all books and accounts at all reasonable times by a represen- tative of the initial purchaser of the bonds. In addition, the City at least once a year will cause at its regular annual audit, an audit to be made relating to said books and accounts by a certified public -22- accountant to be employed by the City at its own expense, and a copy of said audit immediately after its completion will be furnished by the City, without charge, to the initial purchaser . Section 16. The officers of the City be, and they hereby are, authorized and directed to take all action necessary or appro- priate to effectuate the provisions of this ordinance, including, without limiting the generality of the foregoing, the printing of the bonds, including thereon a certified true copy of bond counsel ' s approving opinion, and the execution of such certificates as may rea- sonably be required by the initial purchaser thereof, relating, inter alia, to the execution of the bonds, the tenure and identity of the municipal officials, the absence and existence of . factors affecting the exemption of interest on the bonds from federal and state income taxation, the accuracy of property descriptions, the delivery of the bonds, and the absence of litigation pending or threatened affecting the validity of the bonds, if such is in accordance with the facts. Section 17 . Any registered owner of any one or more of the bonds may, either at law or in equity, by suit, action, mandamus or other appropriate proceedings in any court of competent jurisdic- tion, protect the liens created by this ordinance on the proceeds of said assessments and the moneys in each of said special funds, and may by suit, action, mandamus or other appropriate proceedings enforce and compel the performance of any duty imposed upon the City by the provisions of this ordinance, or any ordinance heretofore or hereafter adopted concerning the District, including, without limit- ing the generality of the foregoing, the segregation of special assessments and taxes, proceeds and revenues for said funds, the proper application thereof , and the appointment of a receiver. Section 18 . The City shall make no use of the proceeds of the bonds or investment income therefrom or of any moneys in the Bond Fund or any other moneys treated as proceeds of the bonds for federal income tax purposes (including any money reasonably expected to be -23- used to pay principal of or interest on the bonds) , which would cause the bonds or any bonds subsequently issued by the City to be "arbitrage bonds" under Section 103 (c) of the Internal Revenue Code of 1954 , as amended, and the regulations prescribed thereunder. Section 19. This ordinance may be amended or supplemented by an ordinance or ordinances adopted by the Council in accordance with the Charter and Code of the City, as amended, and without the receipt by the City of any additional consideration, with the written consent of the registered owners of seventy-five percent (75%) of the bonds authorized by this ordinance and outstanding at the time of the adoption of such amendatory or supplemental ordinance, provided, how- ever, that no such ordinance shall have the effect of permitting: (a) An extension of the maturity of any bond authorized by this ordinance; or (b) A reduction in the principal amount of any bond or the rate of interest thereon without the written consent of the reg- istered owner of said bond; or (c) The creation of a lien upon or a pledge of property, reve- nues or funds, ranking prior to the liens or pledges cre- ated by this ordinance; or (d) A reduction of the principal amount of bonds required for consent of such amendatory or supplemental ordinance. Section 20 . After the bonds have been issued, this ordi- nance shall constitute a contract between the City and the registered owner or owners of the bonds, and shall be and remain irrepealable until the bonds and the interest accruing thereon shall have been fully paid, satisfied and discharged. Section 21. If any section, paragraph, clause or provi- sion of this ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this ordinance. Section 22 . All acts, orders, resolutions and ordinances, and parts thereof, in conflict with this ordinance be, and the same -24- hereby are, - rescinded ; provided, that, to the extent that any provision of this ordinance might be deemed inconsistent with any provision of the Code or the ordinance creating the district, this ordinance shall supersede any such inconsistent provision only to the extent of such inconsistency. Section 23 . The published title and summary of the subject matter of this ordinance shall be in substantially the fol- lowing form, and the publication made before final passage of this ordinance shall additionally include the notice substantially as set forth in Section 24 of this ordinance : -25- (Form of Published Title and Summary) ORDINANCE NO. 131� 1983 AN ORDINANCE CONCERNING THE CITY OF FORT COLLINS, COLORADO, FAIRBROOKE SPECIAL IMPROVEMENT DISTRICT NO. 79; RATIFYING ACTION HERETOFORE TAKEN IN CONNECTION THEREWITH; PROVIDING FOR THE COLLECTION OF SPECIAL ASSESSMENTS TO BE LEVIED TO DEFRAY THE COSTS OF IMPROVEMENTS THEREIN; PROVIDING FOR THE ISSUANCE OF SPECIAL ASSESSMENT BONDS PAYABLE FROM THE ASSESSMENTS TO BE LEVIED IN SAID DISTRICT; PRESCRIBING DETAILS IN CONNECTION WITH SAID ASSESSMENTS, BONDS AND DIS- TRICT, INCLUDING THE MANNER OF ADDITIONALLY SECURING AND EFFECTING THE PAYMENT OF SAID BONDS; PRESCRIBING DUTIES OF CERTAIN PUBLIC OFFICIALS IN CONNECTION WITH SAID ASSESS- MENTS , BONDS AND DISTRICT; REPEALING ALL ORDINANCES AND OTHER ACTION OF THE CITY TO THE EXTENT INCONSISTENT HERE- WITH; AND PROVIDING OTHER MATTERS RELATING THERETO. PUBLIC NOTICE IS HEREBY GIVEN that the above entitled ordi- nance of the City of Fort Collins was introduced and considered favorably on first reading on October 4 , 1983 . By the preambles, the ordinance recites findings as to the legal existence of the City as a Charter City, and recites certain proceedings taken in connection with the creation of the City of Fort Collins, Colorado, Fairbrooke Special Improvement District No. 79, the agreement with Wheeler Realty Company concerning the man- agement of the construction of the improvements, the advertising of the construction contract and the acceptance of the best bid for the improvements. The preambles then recite that the bonds to be issued will be sold to Coughlin & Company, Denver, Colorado, for 96.75% of the principal amount thereof plus accrued interest to the date of delivery. Finally, the preambles recite certain provisions relating to the installment payments of assessments in the District, and state -26- the City Council' s determination to issue special assessment bonds to pay for the improvements in the amount of $1,375,000 and to provide additional security for such bonds. Section 1 of the ordinance ratifies previous action taken in connection with the District, the construction of improvements therein and the issuance of the bonds. Section 2 authorizes and directs the City to collect and enforce the payment of the assessments to be levied. Section 3 directs the Director of Finance to collect the assessments to be levied and to deposit the collections (with certain exceptions) in a fund created for such purpose. Section 4 recites that pursuant to Article V . Section 20 . 5 (b) of the City Charter, the bonds are additionally secured by a surplus and deficiency fund. Section 5 recites that pursuant to Article V , Section 20 .5 (c) of the City Charter, the City will pay bonds from certain sources after three-fourths of the bonds have been paid, will levy additional ad valorem taxes and will reimburse itself from the moneys collected from assessments. Section 6 specifies details concerning the bonds including the interest rates ranging from 9 .50% to 11 .50% per annum. Section 7 sets out the redemption provisions for the bonds. Section 8 authorizes refunding of the bonds according to law. Section 9 states that the bonds shall. be payable to and transferable by the registered owners thereof. Section 10 provides for the execution of the bonds and the use of facsimile signatures. -27- 5 • Section 11 recites details concerning the Bond Fund and the redemption of the bonds, and includes a covenant by the City that the total cost of the improvements in the District shall be levied and assessed against the tracts and parcels of land in the District by ordinance to be hereafter adopted. Section 12 states that the bonds are not a debt of the City. Section 13 sets forth the form of the bonds. Section 14 recites the delivery procedures. Section 15 requires the City to keep accurate books of record and to have annual audits of such books. Section 16 authorizes the officers of the City to perform all acts 'necessary to issue, print and deliver the bonds. Section 17 authorizes registered owners of the bonds to protect and enforce the City' s assessment liens. Section 18 recites that the City will not cause the bonds to be arbitrage bonds. Section 19 provides the procedure for amending this ordinance. Section 20 recites that this ordinance constitutes a con- tract between the bondholders and the City. Section 21 constitutes a severability clause and Section 22 is a repealer clause. Section 23 sets forth this summary of the ordinance for publication. Section 24 recites the language to be inserted in the notices concerning the second reading of this ordinance. Section 25 establishes the procedures for publishing the ordinance upon final passage. -28- The text of the ordinance is available for public inspec- tion and acquisition at the office of the City Clerk at the New City Hall, in Fort Collins, Colorado, during normal office hours. BY ORDER OF THE COUNCIL OF THE CITY OF FORT COLLINS dated this 1983 . /s/ City Clerk (End of Form of Published Title and Summary) -29- Section 24 . There shall be added to said title and sum- mary as published before final passage, the following paragraph: "The Council will consider said ordinance for final passage at the Council Chambers, New City Hall, in the City, on October 18 , 1983 , being not earlier than 7 days after the first publication of said ordinance, at the hour of 5 : 30 p.m. " Section 25 . Immediately upon its final passage , this ordinance shall be recorded in the book of ordinances of the City kept for that purpose, authenticated by the signatures of the Mayor and of the City Clerk, and shall be published by title in The Coloradoan, a newspaper published and of general circulation in the City; and this ordinance shall be in full force and effect 10 days after such publication following final passage. INTRODUCED, CONSIDERED FAVORABLY ON FIRST READING on October 4 , 1983 and to be presented for final passage on October 13, 1983 . Mayor (SEAL) Attest: City C er -30- STATE OF COLORADO ) COUNTY OF LARIMER ) SS . CITY OF FORT COLLINS ) The City Council ( the "Council " ) of the City of Fort Collins (the "City") , in the County of Larimer and State of Colorado, met in open regular session in full conformity with law and with the ordinances and rules of the Council at the Council Chambers, New City Hall, 300 West LaPorte Avenue, .in the City, on Tuesday, November 15 , 1983 , at 5 :30 p.m. Upon roll call the following were round to be present constituting a quorum: Present : Mayor : John Knezovich Assistant Mayor: Gerry Horak Other Councilmembers: John Clarke Bill Elliott Kelly Ohlson Barbara Rutstein Ed Stoner Absent: None constituting all the members thereof. There were also present: City Manager: John Arnold City Attorney: John Huisjen Deputy City Clerk: Molly Davis Thereupon the Mayor announced tnat, notice having been duly published pursuant to the Charter and ordinances of the City, the regular Council meeting on October 18, 1983 , at the Council Chambers, New City Hall, 300 West LaPorte Avenue, in the City, was the time and place for the hearing on an ordinance entitled: AN ORDINANCE CONCERNING THE CITY OF FORT COLLINS, COLORADO, FAIRBROOKE SPECIAL IMPROVEMENT DISTRICT NO. 79; RATIFYING ACTION HERETOFORE TAKEN IN CONNECTION THEREWITH; PROVIDING FOR THE COLLECTION OF SPECIAL ASSESSMENTS TO BE LEVIED TO DEFRAY THE COSTS OF IMPROVEMENTS THEREIN; PROVIDING FOR .THE ISSUANCE OF SPECIAL ASSESSMENT BONDS PAYABLE FROM THE ASSESSMENTS TO BE LEVIED IN SAID DISTRICT; PRESCRIBING DETAILS IN CONNECTION WITH SAID ASSESSMENTS, BONDS AND DIS- TRICT, INCLUDING THE MANNER OF ADDITIONALLY SEUURING AND EFFECTING THE PAYMENT OF SAID BONDS; PRESCRIBING DUTIES OF CERTAIN PUBLIC OFFICIALS IN CONNECTION WITH SAID ASSESS- MENTS , BONDS AND DISTRICT; REPEALING ALL ORDINANCES AND OTHER ACTION OF THE CITY TO THE EXTENT INCONSISTENT HERE- WITH; AND PROVIDING OTHER MATTERS RELATING THERETO. whicn ordinance was introduced and considered favorably on first reading on October 4 , 1983 . The Mayor announced that consideration or the final passage ana adoption of said ordinance had been tabled at said October 18, 1983 public hearing, for further consideration at this November 15 , 1983 adjourned regular meeting of the Council. Tne Mayor then asked if anyone desired to be heard. [Insert minutes of hearing or statement that no one desired to be heard] No one desired to be heard at this hearing. After all persons desiring to be heard had been heard, the Mayor declared the hearing to be completed. Councilmember Clarke then introduced said ordinance on second reading with amendments , which ordinance and amendments had previously been distributed to each Councilmember ana are available to the public at this time, whereupon said ordinance, as amended, was read by title only. -2- The amendments to the ordinance as adopted on first reading consist of amending the 2nd, 6th and 9th preambles to the ordinance and Sections 2 , 6 ana 14 of the ordinance to read as follows, ana of adding new loth and llth preambles and Sections 1 .5 and 3 .5 to the ordinance, as follows: -3- [ SEUOND PREAMBLE ] "WHEREAS , the City Council (the "Council") of the City, pursuant to the Charter and Chapter 16 of the Code of the City of Fort Collins (the "Code") relating to local improvements and the financing thereof , has established, by Ordinance No. 130 , 1983 , passed and adopted on October 18 , 1983 (the "ordinance creating the District") , within the corporate limits or the City, a local improve- ment district known and designated as the City of Fort Collins, Colorado, Fairbrooke Special Improvement District No. 79 (the "District") , for the purpose or making certain local street, water , sanitary sewer and drainage improvements and assessing the cost thereof to the property benefited thereby; and" [SIXTH PREAMBLE] "WHEREAS, the City and the officers thereof desire to sell the special assessment bonds or the District (the "ponds" ) in the principal amount of $lr280 ,000 ; and" [NINTH PREAMBLE] "WHEREAS, the City and its officers have determined, and do hereby deter- mine, with the approval of the Council, that it is necessary and for the best interests of the City and the District and the inhabitants thereof that, pursuant to the Charter and the Code, the City issue and sell the bonds of "City of Fort Collins, Colorado, Fairbrooke Special Improvement District No. 79" in the aggregate principal amount of $1 ,280 ,000' to the initial purchaser for 96 .75% of the principal amount thereof plus accrued interest, for the purpose of paying the cost of said local improvements , including all proper incidental expenses; and" [TENTH PREAMBLE] "WHEREAS , pursuant to 5 16-5 of the Code , the City, by Resolution No. 83-158 , passed and adopted on October 4 , 1983 , accepted a Petition and Waiver from the Company requesting the initiation or proceedings for the creation of the District; and [ELEVENTH PREAMBLE] "WHEREAS , the Council has received an Amended Petition and Waiver from the Company , a copy of which is set forth as Exhibit A. and hereby accepts the same ; and" -4- "Section 1 . 5 . The Amended Petition and Waiver attached hereto as Exhibit A and made a part hereof by this reference is hereby accepted. . As described in the Amended Petition and Waiver , in addition to those street, water, sanitary sewer and drainage improvements in the District described in the ordinance creating the District, the improvements in the District may also consist of the acquisition and installation of landscaping and sprinkler system improvements on land within the District and dedicated to the City to be used as an upgraded detention facili- ty, the location of such improvements to be in Tract I in the District, the precise boundaries of which shall be hereafter determined. The legal descriptions of the tracts and parcels in the District are as set forth in the Amended Petition and Waiver , and shall supersede the legal descriptions of such tracts and parcels as set forth in the ordinance creating the. District. " "Section 2 . The City be, and it hereby is, authorized, empowered and directed, and it shall be its duty, to receive, collect and enforce the payment of all assessments to be made and levied for said local improvements, and all install- ments thereof , all interest thereon, and all penalties accrued, in the same manner and at the same time or times as prescribed by the Code, by the ordinance creating the District and by this ordinance , and to pay and disburse said pay- ments , the installments thereof, the interest thereon, and penalties thereto, to any person or persons lawfully entitled thereto, subject how- ever to the appointment of any successor paying agent to disburse said payments as herein pro- vided; provided, however, that in the event any owner of real estate shall fail to pay the whole of the assessment against his property within thirty (30) days from and after the final publi- cation of the ordinance assessing the costs of the improvements against the real property in the District , the balance of the cost of the improvements so assessed against his property shall be payable in seven (7) annual install- ments of principal , with the first such install- ment due on January 1 , 1987 , as shall be provided and determined in and by the assessing ordinance , with the remainder of the annual -5- installments of principal due and payable successively on the same date in each year thereafter until all are paid in full; ana pro- vided further , that interest on the unpaid installments snail accrue from January 1 , 1986 , and shall be at the nighest interest rate pay- able on the special assessment bonds herein authorized as herein provided, payable on January 1 , 198 / ana annually thereafter , as shall be provided and determined in and by the assessing ordinance. " "Section 3 .5 . After any tract or parcel in the District is divided into smaller parcels or other property interests, the assessment against such tract or parcel shall be reallocated, so that the assessment against each such smaller parcel or other property interest shall bear the same ratio to the original assessment against such tract or parcel as the proportionate inter- est in such smaller parcel or other property interest bears to the interest in sellable land in such original tract or parcel as so divided into smaller parcels or other property interests. Tne entire unpaid principal of such assessment or reallocated assessment, as the case may be , together with interest accruing thereon to the next assessment interest payment date (except to the extent that interest on the bonds to be issued by the City for the District has been capitalized through such date) shall be immediately due and payable by the seller or transferor thereof prior to the sale or transfer of any such tract or parcel, or' portion thereof if such tract or parcel shall have been divided as aforesaid, unless the .purchaser or transferee thereof shall acknowledge, in writing, receipt of notice that the seller or transferor is not paying such assessment or reallocated assessment in full prior to such sale or transfer and that such assessment or reallocatea assessment against such tract or parcel, or portion there- or , as the case may be , shall continue to be a lien thereon. " "Section 6 . For the purpose of defraying the entire cost and expense of making said improvements , including all such proper incidental expenses, there shall be issued in the name of the City, fully registered (i. e. , -6- registered as to both principal and interest, in compliance with 5 103 (j) of the Internal Revenue Code of 1954 , as amended, ana the regulations of the Secretary of the Treasury thereunder) , spe- ciai assessment bonds designated "City of Fort Collins , Colorado , Fairbrooke Special Improvement District No. 79, Speciai Assessment Bonds, Series 1983 " (the "bonds") in the aggre- gate principal amount of $1 ,280 ,000, consisting of 256 bonds , numbered consecutively from 1 to 256 , both inclusive, in the denomination of $5 ,000 each, bearing date as of the first day of December , 1983 , being payable to the registered owner thereof in regular numerical order on the first day of December , 1993 , ana bearing inter- est from date until maturity or prior redemp- tion, payable semiannually on the first days or June and December in each year , commencing on the first day of June, 1984, and the bonds being numbered and bearing interest at the rates here- inbelow designated as follows: Bond Numbers Interest Rdtes (All Inclusive) (Per Annum) 1 - 34 10 .00% 35 - 71 10 .25a 72 - 108 10 .50% 109 - 145 10.75% 146 - 182 10 . 90% 183 - 21y 11 .00t 220 - 256 11 .00% both principal and interest being payable in lawful money of the United States of America. The principal of any bond snail be payable to the registered owner as shown on the registra- tion books kept by the City Clerk of the City of Fort Collins in Fort Collins, Colorado, as reg- istrar (the "registrar") , upon maturity or prior redemption thereof and upon presentation and surrender at the office of the Director of Finance of the City of Fort Collins in Fort Collins, Colorado (the "paying agent") . Payment of interest on any bond shall be paid to the registered owner thereof by check or drart mailed by the paying agent, on or before each interest payment date (or , if such interest payment date is not a business day, on or bef ore -7- the next succeeding business day) , to his address as it last appears on the registration books kept by the registrar. If, upon presenta- tion of any bond at maturity or prior redemp- tion, payment is not made as therein provided, interest thereon shall continue at the same rate per annum until the principal thereof is paid in full. If the registrar or paying agent initially appointed hereunder shall resign, or if the City shall reasonably determine that said registrar or paying agent has become incapable of fulfill- ing his or her duties hereunder , the City may, upon notice mailed to each registered owner of bonds at the address last shown on the registra- tion books , appoint a successor registrar or paying agent , or both . Every such successor registrar or paving agent shall be a bank or trust company located in and in good standing in the State of Colorado and having a capital and surplus of not less than $5 ,000 ,000. It snail not be required that the same institution serve as both registrar and paying agent hereunder , but the City shall have the right to have the same institution serve as both registrar anu paying agent hereunder . The proceeds of the bonds , other than amounts to be used to pay interest on the bonds through December 1 , 1986 ana amounts received as accrued interest on the bonds , which shall be deposited in the Bond Fund, shall be deposited in the account to be established for the District in the City ' s Capital Projects Fund, and shall be used to pay the cost and expense of making said improvements in the District , including all such proper incidental costs. " "Section 14 . When the bonds have been duly sold, executed and registered, the Director. of Finance shall deliver them to the initial pur- chaser on receipt of the purchase price. The funds realized from the sale of the bonds , and investment income therefrom, shall be deposited as hereinabove provided and applied solely to defray the costs and expenses of making the improvements , the cost of which improvements is to be ultimately defrayed by special assessments ; provided, that after said costs and -8- expenses are paid, anv funds remaining in the account established for the District in the City ' s Capital Projects Fund from the sale of the bonds or investment income therefrom shall be deposited in the Bond Fund and used for the purpose of redeeming bonds; and provided fur- ther , that all moneys received as accrued inter- est at the time of delivery of any of the bonds shall be deposited into the Bond Fund to apply to the payment of interest next due on the bonds and $408 ,000 of the proceeds of the bonds shall be deposited into the Bond Fund and shall be used to pay the interest on the bonds through December 1 , 1986 . The initial purchaser of the .bonds , however , shall in no manner be responsi- ble for the application by the City, or any of its officers, of any of the funds derived from the sale thereof. " -9- EXHIBIT A -10- EXHIBIT A AMENDED PETITION AND WAIVER Of a property owner for the organization of a special improvement district for certain street, water, sanitary sewer, drainage and landscaping and other detention facility improvements within the City of Fort Collins, Colorado : To the Honorable City Council of the City of Fort Collins : Ladies and Gentlemen: The undersigned petitioner, being the sole owner of prop- erty described on Exhibit I attached hereto and by this reference made a part hereof, respectfully petitions the City Council (the "Council") of the City of Fort Collins (the "City") to institute the necessary proceedings to authorize the passage and adoption of an ordinance creating a local improvement district within the corporate limits of the City (the form of said ordinance being . attached hereto as Exhibit II and being referred to herein as the "creation ordinance " ) , under the provisions of Ordinance No. 32, 1961 , as amended, now cited as Chapter 16 of the Code of the City of Fort Collins (the "Code") , for the purpose of ordering all of the following described local street, water, sanitary sewer, drainage and landscaping and other detention facility improvements in said pro- posed district in accordance with the provisions of the Code, the creation ordinance and the Engineering Report for the Fairbrooke Special Improvement District on file in the office of the City Clerk. ,STREET DESCRIPTIONS AND NATURE OF IMPROVEMENTS (1) HAMPSHIRE ROAD from the intersection of Hampshire Road and Prospect Road, south to the northern end of the existing Hampshire Road, a distance of approximately 1,100 feet ( total roadway 50 feet in width, flowline to flowline) . ( 2) CEDARWOOD DRIVE from the intersection of Cedarwood Drive and Hampshire Road, west and northwest to the inter- section of Cedarwood Drive and Prospect Road, a distance of approximately 2 ,360 feet (total roadway 36 feet in width, flowline to flowline) . (3) SOMERVILLE DRIVE from the intersection of Somerville Drive and Cedarwood Drive , southwest and south to the northern boundary line of the Aspen Heights PUD, approxi- mately 1 , 075 feet (total roadway 36 feet in width, flowline to flowline) . (4) PROSPECT ROAD from the intersection of Prospect Road and Cedarwood Drive, west, a distance of approximately 890 feet. The contemplated acquisition, construction and installation of the improvements in the district shall or , with respect to item (6) below, may, include (1) the removal of any obstacles, exca- vation, draining, grading and shaping, and embankment; ( 2) paving consisting of an eight inch compacted base course and a three inch hot asphaltic concrete pavement, a total of approximately 6 ,111 square yards on Hampshire Road and a combined total of approximately 12,213 square yards on Cedarwood Drive and Somerville Drive; (3) the installation of sidewalks, concrete, rollover curbs and gutters on both sides of Hampshire Road, Cedarwood Drive and Somerville Drive; (4) the installation of a 12 inch water line in Prospect Road and six inch water lines, plus appurtenances, in Hampshire Road, Cedarwood Drive and Somerville Drive; (5) the installation of eight inch sani- tary sewer collection lines, plus appurtenances, in Hampshire Road, Cedarwood Drive and Somerville Drive; (6) the acquisition and instal- lation of landscaping and sprinkler system improvements within Tract I in the district, the precise boundaries of which shall be hereafter determined; and (7) all appurtenances incidental to the foregoing improvements. ASSESSMENTS The costs of acquiring, constructing or otherwise install- ing the foregoing improvements shall be assessed against those tracts or parcels of land owned by the petitioner and as set forth on Exhibit I hereto, on an area basis, so that the assessment against each piece of property assessed shall be . in the proportion that the square footage of such piece of property bears to the total square footage of the assessable property within the district. After any tract or parcel listed on Exhibit I hereto is divided into smaller parcels or other property interests, the assessment against such tract or parcel shall be reallocated, so that the assessment against each such smaller parcel or other property interest shall bear the same ratio to the original assessment against such tract or parcel as the proportionate interest in such smaller parcel or other property interest bears to the interest in sellable land in such original tract or parcel as so divided into smaller parcels or other property interests. The entire unpaid principal of such assessment or reallo- cated assessment, as the case may be, together with interest accruing thereon to the next assessment interest payment date (except to the extent that interest on the bonds to be issued by the City for the district has been capitalized through such date) shall be immediately due and payable by the seller or transferor thereof prior to the sale or transfer of any such tract or parcel, or portion thereof if such -2- tract or parcel shall have been divided as aforesaid, unless the purchaser or transferee thereof shall acknowledge, in writing, receipt of notice that the seller or transferor is not paying such assessment or reallocated assessment in full prior to such. sale or transfer and that such assessment or reallocated assessment against such tract or parcel, or portion thereof, as the case may be, shall continue to be a lien thereon. The restrictions of this paragraph shall be deemed to constitute a covenant of the undersigned peti- tioner running with the land and shall be binding upon said peti- tioner and any subsequent owner of any of the tracts or parcels listed on Exhibit I hereto. The undersigned petitioner hereby cove- nants to take all steps necessary to assure that the restrictions contained in this paragraph will be binding upon all owners, from time to time, of said tracts and parcels, including recordation of this Amended Petition and Waiver in all appropriate public offices for real property in Larimer County, Colorado, relating to the tracts and parcels described in Exhibit I hereto. The undersigned peti- tioner hereby covenants to include such restrictions in any documents transferring any interest in any of said tracts or parcels to another to the end that such transferee has notice that such transferee is bound by such restrictions. The City shall have the right to seek specific performance of the requirements of this paragraph. WAIVER The undersigned petitioner by execution hereof, hereby con- sents to all provisions of the creation ordinance and hereby waives any and all of the provisions of Chapter 16 of the Code relating to or requiring public hearings, notices, publications, letting of bids and all other procedural aspects of the creation of the district, the construction of the improvements, including the limitation set forth in Section 16-8 of the Code concerning the maximum amount of the cost of the improvements, the levying of assessments therefor, including, but not limited to, all time and filing limitations and requirements, the limitation on assessments as set forth in Section 16-20 of the Code and the provisions of Section 16-14 of the Code concerning the payment of the cost of improvements in street intersections, and the issuance of bonds therefor, and does hereby agree that the full amount of assessment required against said property may be made to pay the costs incurred for the improvements in the district, includ- ing without limitation interest on the bonds to be issued as provided in the creation ordinance. It is further understood that if the City is to bear any of the costs of the district improvements, then the City Manager shall join in the aforesaid waiver. Any requirements of Chapter 16 of the Code deemed not waived hereby because of lack of specificity, shall in no manner affect the valid waiver of require- ments specifically stated herein. The aforesaid waiver may not be -3- withdrawn after it has been submitted to the Council for consideration. . This petition may be amended, however, after such submission with the consent of the City Manager for the purpose of adding additional waivers. WHEELER RtALTY COMPANY By [Title] Attest : ,? CITY OF FORT. COLLINS City Manager _ r The foregoing instrument was acknowledged before me this 15th day of November , 1983 , by David G. Cla rkSnn 25�; Prosident and Sharon R. Mayer as Secretary of 11'heeler Realty Company. WITNESS my hand and official seal . My Commission Expires August 20, 1986 Notary Public 1331 Eighth Avenue Greeley, Colorado' 80631 Address -4- EXHIBIT I LEGAL DESCRIPTION A tract of Land located in the 1'dorthl half of Section 21 , Township 7 North, Range 69 West of the 6th Principal Meri.di.an, Count;: of Larimer., State of Colorado, more particularly described as follows: Considering the k1orth line of the Northeast 1i4 of said Section 21 as bearing N 080 46' 07," W and with all bearinn_s contained herein relative thereto: Degi.nning at the klorthea=_t corner of said Section 21 ; thence alone the North line of said Northeast i f41 t,2 08' 46' 0.3" tat, 360. 07 feet to the TRUE POINT OF DEB:[NAITtdG, thence continuing along Evaid North line t'1 ° 16' :"' W1 1079. 95 feet to the East line of that certain parcel of l rare.! a de!B(J'"::beta in deed recorded in Look -1082, Page 5329 recC1r-dc= .c)f said county;; t;herlce along the East , South ;and West l. in s of Said p:_trcei the three ") -Following Dour Se's arid distances— c - o i ' 15- . [-..- - ccp - 80A . 00 J '-!l 1..� J: tJl J�'`i'._ '_"..' ff�:_'r q t'l �j t] J{'�� '_}_ 6`l. . YLfar y N 010 1 9757" E, 480. 0) feet. to the North lane of _;lid Northeast 1/4, thence along 53a1.d North line N SEP 467E_i -'" Wq _9i:3.. 4c3 fE4et to the North - 1 /4 corner of said Section 21 ,, thence along the Nor th line of the. Plea th(-,e=t 1i4 of =.ai.d S'ec'ti.Gn 21. , N [lB° 46'O?" W, 11291 . 7� 'feat to the West line of the East half of the I lort.h:•)est. 1/4 of =.aid Section 21 ; t!-.,enc"e along -_:'tl.Ej West line S W li'.T.''.. _ 'feet 'tG the Nc)rt.hr-_rl. 'lire (:af Aspen Heights P. t_i. D. to the City of E- ort. Coll l i ne, Col("radop 'thean C:e Wong the Northerly, Easterly ;:and Scn.(thcarl llrle`= (_I"f said (f",,s �'en r'eigh't� ._P. !-l. D., e le- , 1 ,. :,�.).! r, ((.'c - and _.._. -._ t.h, e . r:r 11 f^l :i. _. ..r;.._, cc;_ I e�_:. < n_ 1..1. c-,C...:1 r1"_f._._.. J rim{04,", +-. L-- , G'._/._;.. J._) !.ee'IL 1 E T_ i _ 'C?' � .!._� .._.: . 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' i-.1_':^:""r_✓.;_.._.... . .... _.Y"(i; P':L111':(., ,�.: c;Y'e-..-Z.F>, the .r.::o v:=:.r- t following r-nl' _ = v ...,!,-',':.` 1`I J .I.:_ ?_i':..!' ;_:..; .:_.:(.r_! J.h i Y Ei'(:-''i:. y :` ;'.G :J u. (.?(J" ._ Irlc_.,_.f (.•r 1. tl1) t -(:: 1 -'1,•) '.. ". ,"i"1 P 13. .; 1 1 i .i,C1. cli.ci : L.� r.n....L._.__i i.:_..y.�;ii:'•_' ., 196. 10 ')-t':?t to 'I::1-f:=3 f_i(-r!_:{-.1-.!_.r i I 1 - __ C!.t t!'la.'t ccar-fain parcel of land _ g dfii)Iscribe:d in deed, Y escorded in Book 1 -7 Page 9.40 records of. E:aid CoS_tnt " thencee ,_d.(_)n('-' the S f yJ al - - ' - r, l n -'r; -F t`l e•°i'C.E='Y"l `?. :_'I")�:! t.:E:'`o-'C f.•I"'l.'•% ,_:rO G g.5t.{_].C.: G 5:3.:(.d j::::=[Y"CE?.I. .r F..,E? t4^JG l.[�1 . f.- o.•J 1.n(_j ._. l_r _+ _: .... I d (l:L L. _._.,i E"_.. I' ct E_, _'il It;i, 27C). 05 f E?e't" , I`.I i"1 l O i_.r''=J i-i, �-'t-. __ co:_ -1 am i.::. ' ! L--:.. !c.�_++.: ..:;;' f "(.-'t. to i:i f. TRUE:. F'[ilt.il' C;E- ml_)I' _. f.7r EXHIBIT II ORDINANCE NO. 130 1983 AN ORDINANCE CREATING CITY OF FORT COLLINS, COLORADO , FAIRBROOKE SPECIAL IMPROVEMENT DISTRICT NO. 791 FOR THE ACQUISITION, CONSTRUC- TION AND INSTALLATION OF STREET, WATER, SANITARY SEWER AND DRAINAGE IMPROVEMENTS IN THE CITY; DESCRIBING THE IMPROVEMENTS ; SETTING FORTH THE COST OF THE IMPROVEMENTS ; ORDERING THAT SAID IMPROVEMENTS BE MADE; SETTING FORTH THE LEGAL DESCRIPTIONS OF THE TRACTS AND PARCELS OF LAND TO BE INCLUDED WITHIN. THE DISTRICT; PROVIDING OTHER DETAILS CONCERNING THE DISTRICT; AND RATI- FYING PREVIOUS ACTIONS. WHEREAS , the City of Fort Collins (the "City") , in the County of Larimer and State of Colorado, is a municipal corporation, duly organized and existing as a home rule city under Article XX of the Constitution of the State of Colorado; and . WHEREAS, the City Council (the "Council") of the City began proceedings to acquire, construct and install certain street, water, sanitary sewer and drainage improvements in the proposed City of Fort Collins , Colorado, Fairbrooke Special Improvement District No. 79 (the "District") , in the City, by the acceptance of a petition of the sole property owner in the District and the adoption of Resolution No. 83-158 and Resolution No.83-159 relating thereto on this 4th day of October, 1983 ; and WHEREAS, the Council has received the necessary reports , has waived any notice pursuant to Section 16-38 of the Code of the City of Fort Collins (the "Code") , and has received a written waiver signed by Wheeler Realty Company (the "Company") , the sole owner of the property in said improvement District, waiving certain require- ments of Chapter 16 of the Code , as authorized pursuant to Section 16-38 of the Code; and -20- WHEREAS, the Company has expressly waived, in writing, any limitation on assessments for the cost of acquiring, constructing and installing said improvements pursuant to Section 16-20 of the Code; and WHEREAS, the Company shall enter into an agreement with the City concerning, without limitation, payment of oversizing costs , reimbursement for professional services rendered prior to formation of the District, purchase of existing improvements, financing and management of the District, default, termination and other necessary and incidental terms thereof; and WHEREAS, the Council is of the opinion that it is in the best interest of the public health, safety and welfare of the resi- dents of the City to form said special improvement District. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS : SECTION 1 . There is hereby created and established , within the corporate limits of the City, a local improvement district to be known and designated as "City of Fort Collins , Colorado, Fairbrooke Special Improvement District No. 79, " for the acquiring, constructing and installing of certain local and special improve- ments , as described in Section 3 of this ordinance ( the "improvements") , and to assess the costs of the improvements to the property benefited thereby, as provided in Sections 4 and 5 of this ordinance. Section 2 . All action (not inconsistent with the provi- sions of this ordinance) heretofore taken by the City or its officers directed toward the creation of the District and the acquisition, construction and installation of the improvements hereby is ratified, approved and confirmed. -21- Section 3 . Except as described in the Engineering Report for the Fairbrooke Special Improvement District No. 79 on file with the City Clerk and as more fully set forth in the map, plans and specifications heretofore submitted by the Director of Public Works and accepted by the Council by Resolution No.83-159, the location and the nature of the street, water, sanitary sewer and drainage improve- ments to be acquired, constructed and installed shall be more partic- ularly as follows : STREET DESCRIPTIONS AND NATURE OF IMPROVEMENTS ( 1) HAMPSHIRE ROAD from the intersection of Hampshire Road and Prospect Road, south to the northern end of the existing Hampshire Road, a distance of approximately 1 ,100 feet ( total roadway 50 feet in width, flowline to flowline) . (2) CEDARWOOD DRIVE from the intersection of Cedarwood Drive and Hampshire Road, west and northwest to the inter- section of Cedarwood Drive and Prospect Road, a distance of approximately 2 ,360 feet (total roadway 36 feet in width, flowline to flowline) . (3) SOMERVILLE DRIVE from the intersection of Somerville` Drive, and Cedarwood Drive, southwest and south to the northern boundary line of the Aspen Heights PUD, approxi- mately 1 ,075 feet (total roadway 36 feet in width, flowline to flowline) . ( 4) PROSPECT ROAD from the intersection of Prospect Road and Cedarwood Drive, west, a distance of approximately 890 feet. The contemplated acquisition, construction and installation of the improvements in the District shall include (1) the removal of anv obstacles, excavation, draining, grading and shaping, and embank- ment; (2) paving consisting of an eight inch compacted base course and a three inch hot asphaltic concrete pavement,. a total of approxi- mately 6 ,111 square yards on Hampshire Road and a combined total of approximately 12 ,213 square yards on Cedarwood Drive and Somerville Drive; (3 ) the installation of sidewalks, concrete, rollover curbs -22- and gutters on both sides of Hampshire Road, Cedarwood Drive and Somerville Drive; (4) the installation of a 12 inch water line in Prospect Road and six inch water lines, plus appurtenances , in Hampshire Road, Cedarwood Drive and Somerville Drive; (5) the instal- lation of eight inch sanitary sewer collection lines, plus appurte- nances, in Hampshire Road, Cedarwood Drive and Somerville Drive; (6) the placement of culverts and the construction of a detention pond at the locations shown in the plans and specifications on file in the office of the City Clerk; and (7) all appurtenances incidental to the foregoing improvements . Section 4 . The total estimated cost of construction of the improvements, exclusive of incidental costs, is $_1,597,549 , for all improvements to be acquired, constructed and installed. Incidental costs in connection with the District, which are in addi- tion to the construction cost set forth above, shall include collec- tion, legal, advertising, engineering, financing, interest on the bonds to be issued for a period of three years after the date of the bonds and other incidental expenses. Of the total cost of the improvements, including such expense of collection, legal, advertis- ing, engineering, financing and other incidentals and interest on the bonds to be issued for a period of three years after the date of the bonds , 51 ,402,500 shall be assessed against the tracts or parcels of land set forth in Section 5 hereof on an area basis, so that the assessment against each piece of property assessed shall be in the proportion that the square footage of such piece of property bears to the total square footage of the assessable property within the District. Of such total cost of the improvements, $ 195,049 shall be available from other sources. In case of any tracts or parcels which are irregularly shaped or in any other case in which an assess- ment (according to the area basis) would be disproportionate to the special benefits , an equitable adjustment shall be allowed so that the assessment is in proportion to the special benefits. -23- Section 5. The tracts or parcels to be included in the District, together with the legal descriptions thereof, are as follows: -24- -C Gi 4-' :j ILI IA r 4i all c 01 T, L z 0 -1 f-j N i I, 2J, -P III Ui 4- 0 111 4- L r 4j Z; 3 0 4- -P L di 0 C C ul ul Ili -P 0 111 4-J 4J U CJ j -Ij 0 u w U rN Z di i1i Q; all L Ul IT,; 1! :3 Tj 0 a:, +- !Ti -P C: Q.: L L 'I am; 0 0 -Tj N 0 111 _0 Q-1 0� U! u -P 4j 0 ILI- 1: all 0 U, G Gi �i-I .c 0 L C: 41 1: U 14- c L-J Qj C t L:j I ij L :H� ul L C7, u -ili c 1i .,F� �7 Lj LI +- ai Caj T 'i Ili U` ui CO Gi +J I OD 0 = L 4-1 H Q :1 L j. L. t'-, 0 U. Q U t .1 (6 Ul L 1:i lij :-j L11 Cl O L+- r-I —1 o ai it- ITI Z C-u .,I 0 - 0 Dj L Ul iij L. frj a] -P C 1i 1: Qj 0: rc CL u -L -0 IT) :-7 c -P .,I - . �1, Ci- 0 -- .1 I- U -zi p 0 [L Z 4J ui u i us �p fl� ❑ 1, !j i u -P L TJ C 0 L GJ M' L LL -E c IL 0 '4- U Ili C: Q 13 LJ u �p -H IT5, z Ili 0 fli r, -7 �7 Q D j, r u C LJ 0 CL III -C aj j Jj -C i—', 0 L 111 '71, rj 0 �—I 0 0 0 0 0 III -P II U It Lo -C In -E 111') 0 ITT 0 [j, -�J L -P Ul -C vi 0 LP 4-J C I -i-j 74, U! -1,-! 4 Ul 0 L Ili -tj 0 L Gj L+_ Z L -- M I . -1 "- a.1 1" LL Q: +� . -C 4) S ri aj 4-3 0 (Ti U 0 -0 U -I- it, U ai 1,j. 0 G w Ij P0, t�-f W 0 1. iT: +1 4-1 U. i1i Z c ai Ci U i _j It, -0 Oil 0 0 -Z '0 +j L U u U) U L ID 0 0 CT) yj ri o 0 21 C' III C, a) ILI -Ij C: -J D 11" L; UI 4-i ui C: CF) c co -P r;-I un .+, f7,. fj L P -P W :D L QI L r, L D, 11 L, IT 'ZJ El i Ir ;I-- E T 0 j A - .1 0 0 LJ 0 0 0 0 0 0 0 ;!1 0 0 0 0 L. I _0-P u Ti, 1 -1 j -4 " ;o; -4 - - -p -P L L :7 CO U 0! lj, L; L. U; t. 0 Ji 211 all -C Qj 't- 1: -1: Mr, -ij The Council has determined, and hereby declares, that all such tracts and parcels are and will be specially benefited by the improvements. Section 6. The Council has received the written waiver of the Company to certain requirements of Chapter 16 of the Code as authorized pursuant to Section 16-38 of the Code and has not received any complaints or objections of any owner of any real estate to be assessed or of any other interested persons; and it is hereby ordered that the improvements in the District as provided for in the maps, plans and specifications heretofore adopted by the Council be, and they hereby are, ordered to be acquired, constructed and installed. Section 7. The assessments to be levied for the improve- ments shall be due and payable within thirty (30) days from and after the final publication of the ordinance assessing the costs of the improvements against the real property in the District. In the event any owner of real estate shall fail to pay the whole of such assess- ment against his property within said thirty (30) days, the balance of the cost of the improvements so assessed against his property shall be payable in seven (7) annual installments of principal, with the first such installment due on December 1 , 1986 , as shall be pro- vided and determined in and by the assessing ordinance, with the remainder of the annual installments of principal due and payable successively on the same date in each year thereafter until all are paid in full. Interest on the unpaid installments shall accrue from December 1 , 1985, and shall be at the same rate as the highest inter- est rate payable on special assessment bonds to be issued by the City for 'the District, which interest rate shall not exceed thirteen per- cent (13%) per annum, payable on December 1 , 1986 and annually there- after, as shall be provided and determined in and by the assessing ordinance. After any tract or parcel listed on Section 5 hereof is subdivided into lots, the assessment against such tract or parcel -25- shall be reallocated , so that the assessment against each such subdivided lot shall bear the same ratio to the original assessment . against such tract or parcel as the number of square feet of land in such subdivided lot bears to the number of square feet of sellable land in such tract or parcel as so subdivided. Upon the sale of any such subdivided lot, unless the purchaser or purchasers of such sub- divided lot shall consent in writing to the assumption of the reallo- cated assessment against such subdivided lot, the entire unpaid prin- cipal of such reallocated assessment against such lot together with interest accruing thereon to the next assessment interest payment date (except to the extent that interest on the bonds to be issued by the City for the District has been capitalized through such date) shall be immediately due and payable. Section 8. The City Manager is authorized to enter into an agreement with the Company providi..g for payments of oversizing costs, reimbursement for professional services rendered prior to for- mation of the District, purchase of existing improvements, financing and management of the District, default, termination and other neces- sary and incidental terms thereof. Section 9 . The City Manager is further authorized to enter into an agreement with the Company providing for management of the entire District construction project by the Company including all bidding for work on the project and awarding of contracts therefor, provided that a competitive bidding process be used and provided fur- ther that appropriate bonds be required of all contractors and sub- contractors performing work on the project. Section 10 . The street, water, sanitary sewer and drain- age improvements as described in the Engineering Report for the Fairbrooke Special Improvement District are hereby ordered to be made. -26- Section 11 . If any section, paragraph, clause or provi- sion of this ordinance shall be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provisions shall in no manner affect any other provision of this ordinance. Section 12. All ordinances, resolutions, bylaws and re;u- lations of the City in conflict with this ordinance are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any ordinance, resolution, bylaw or resolution, or part thereof, heretofore repealed. Section 13 . This ordinance, immediately on its final pas- sage, shall be recorded in the City book of ordinances kept for that purpose, authenticated by the signatures of the Mayor and Clerk, and notice of the adoption thereof shall be published in The Coloradoan, a newspaper of general circulation published in the City. Section 14 . All actions , legal or equitable, for relief against any proceeding provided for under Chapter 16 of the Code, whether based upon irregularities , jurisdictional defects or other grounds, shall be commenced within 30 days after the wrongful act complained of or -else be thereafter perpetually barred. Section 15 . This ordinance shall take effect ten days after its final passage as provided by Article II, Section 7 of the Charter. -27- INTRODUCED, CONSIDERED FAVORABLY ON FIRST READING on October 4 , 1983 and to be presented for final passage on October 18, 1983 . (SEAL) Mayor Attest : City Clerk PASSED AND ADOPTED ON FINAL READING on October 18, 1983 . (SEAL) Mayor Attest : City Clerk -28- Thereupon it was moved by Councilmember Clarke and seconded by Councilmember Ohl son that the foregoing amendments to said. ordinance be passed and adopted. The question being upon the passage and adop- tion of the foregoing amendments to said ordinance , the roll was called with the following result: Those Voting Aye: Clarke Elliott Horak Knezovich Ohlson Rutstein Stoner Those Voting Nay: None Those Absent: None Seven Councilmembers having voted in favor of the motion, the presiding officer declared said motion carried ana the foregoing amendments to said ordinance duly passed and adopted. Thereupon it was moved by Councilmember Stoner and seconded by Councilmember Elliott that said ordinance, as amended, be now placed on its second ana final passage and that all rules of the Council which might prevent, unless suspended , the final passage and adoption of said ordinance, as amended, at this meeting be suspended for the purpose of permitting the final passage and adoption of said ordinance, as amended, at this meeting. The question being upon the adoption or the motion and the suspension of the rules, the roll was called with the following result: . -11- v ►n Those Voting Ayer Clarke Elliott Horak Knezovich Ohlson Rutstein Stoner Those Voting Nay: None Those Absent: None Seven members of Council having voted in favor of the motion, the presiding officer declared the motion carried ana the rules suspended. Thereupon Councilmember Stoner moved that said ordinance, heretofore introduced and published, be now finally passed and adopted as amended. Councilmember Elliott seconded the motion. The question being upon the final passage and adoption of said ordinance, as amended, the roll was called with the following result : Those Voting Ave : Clarke Elliott Horak Knezovich Ohlson Rutstein Stoner ' Those Voting Nay: None Those Absent: None -12- y r� The Mayor thereupon declared that at least four members elected to the City Council having voted in favor thereof, the motion was carried and said ordinance, as amended, duly passed and adopted. On motion duly adopted, it was ordered that said ordinance be numbered 131 , 1983 , and after being recorded in the book of ordi- nances of the City kept for that purpose and authenticated by the signatures of the Mayor and of the City Clerk, be finally published by title and summary in The Coloradoan , as therein provided. Publication of said ordinance shall include the following summary relating .to the amendments made after first reading: SUMMARY OF AMENDMENTS Ordinance No. 131 , 1983 was amended after first reading to provide that the aggregate principal amount of the bonds will be $1 ,280 ,000 (consisting of 256 bonds in $5 ,000 denominations, numbered from 1 to 256 , inclusive) ; to provide for the Council ' s acceptance of an Amended Petition and Waiver of the sole property owner in the District; to amend the legal descriptions of the tracts and parcels in the District; to provide that the improvements in the District may additionally consist of landscaping and a sprinkler system on land within the District and dedicated to the City to be used as an upgraded detention facility; to change dates on which -installments of assessments and principal and interest on the bonds will be payable; to provide for reallocation of assessments and the payment of assess- ments upon sale or transrer of property within the District; to pro- vide that principal on the bonds will be paid at maturity or prior redemption and that the bonds will bear interest at the designated rates until maturity or prior redemption; to provide that the inter- -13- est on the bonds will be at specified rates ranging from 10.00% to 11 . 00% per annum; and to provide that $408,000 of the proceeds of the bonds will be used to pay interest on the bonds through December 1 , 1986 . [SEAL] Mayor Attest: City )ClEQj -14-