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HomeMy WebLinkAbout030 - 06/06/1974 - CONCERNING THE SEWER SYSTEM OF THE CITY PROVIDING FOR THE IMPROVEMENT AND EXTENSION OF THE SYSTEM AN 7 ' ORDINANCE NO 3 1974 AN ORDINANCE CONCERNING THE SEWER SYSTEM OF THE CITY OF FORT COLLINS , PROVIDING FOR THE IMPROVE- MENT AND EXTENSION OF THE SYSTEM AND ISSUING REVENUE BONDS PAYABLE SOLELY OUT OF THE NET IN- COME TO BE DERIVED FROM THE OPERATION OF THE SYSTEM, PRESCRIBING OTHER DETAILS CONCERNING THE BONDS, THE SYSTEM AND ITS REVENUES, INCLUDING BUT NOT LIMITED TO COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH, RATIFYING ACTION PREVIOUSLY TAKEN CONCERNING SAID BONDS, REPEALING ALL ORDI- NANCES IN CONFLICT HEREWITH, AND DECLARING AN EMERGENCY WHEREAS, the City of Fort Collins (herein "City") , in the County of Larimer and State of Colorado, is a politi- cal subdivision of the State, a body corporate and politic and a home-rule city pursuant to Article XX of the Constitu- tion of the State of Colorado and the Charter of the City (herein "Charter") , and WHEREAS, the City now owns, operates and maintains 3 a municipal sanitary sewer system (herein "sewer system" or "system") , and J WHEREAS, the City Council of the City (herein "Coun- cil") has determined, and does hereby declare, that the in- terest of the City and of the inhabitants thereof, and the i public interest and necessity demand the improvement and r extension of the system at a cost which is estimated not to exceed $2, 000, 000, excluding any cost to be defrayed from t any source other than bond proceeds (herein "Pro3ect") , and WHEREAS, excluding bonds for the redemption of which full provision has been made, the sole outstanding bonds pay- able from revenues derived from the operation of the system, or any part thereof, are the City of Fort Collins, Colorado, Sewer Refunding and Improvement Revenue Bonds, Series June 1, 1965, in the outstanding principal amount of $ 1,760,000 00 (herein "1965 bonds") , authorized by Ordinances Nos 15,1965 and 28,1965, and WHEREAS, except as aforesaid, the City has never pledged nor in any way hypothecated the revenues derived or to be derived from the operation of the system for any pur- pose, with the result that the revenues to be derived from the operation of the system may now be pledged lawfully and irrevocably for the redemption of the bonds herein authorized (herein 111974 bonds") , and -2- WHEREAS, Article 52 of Chapter 139, Colorado Re- vised Statutes 1963 (commonly designated as the "Water and Sewer Revenue Bond Act of Colorado" and herein sometimes designated merely as the "Bond Act") authorizes the acquisi- tion, construction, reconstruction, lease, improvement, betterment and extension of any sewerage facility by the City and the issuance of revenue bonds to pay in whole or in part the cost thereof, and WHEREAS, in order to provide funds with which to defray in part the cost of so improving and extending the system, the City proposes to issue its 1974 bonds payable as to principal and interest solely out of the net income to be derived from the operation of the system, and WHEREAS , oursuant to a resolution passed, adopted, and signed on the 2nd day of May, 1974, the City has pub- licly sold the 1974 bonds, and WHEREAS, the Council has heretofore determined, and does hereby determine, that the proposal submitted by Halsey, Stuart $ Co , Inc , and associates , for the pur- chase of the 1974 bonds was and is the best proposal submitted, and WHEREAS, the City is not, and has never been, in default as to any payments required to be made by Section 19 of Ordinance No 15,1965, and WHEREAS, the annual revenues derived from the oper- ation of the sewer system for the Fiscal Year immediately preceding the date of the issuance of the 1974 bonds, 1 e , the Fiscal Year ending December 31, 1973, have been sufficient to pay the annual operation and maintenance expenses of the sewer system for said Fiscal Year, and, in addition, suffi- cient to pay an amount representing one hundred thirty per cent (130%) of the combined maximum annual principal and in- terest requirements of the outstanding revenue bonds and other obligations of the City payable from and constituting a lien upon revenues of the sewer system (excluding any reserves therefor) and excluding from such revenues any sewer trunk line assessments, sewer main line assessments, sewer tap fees and plant investment fees, all of which the City has deter- mined not to include in the gross revenues of the system, and WHEREAS, the estimated annual revenues to be de- rived,, from the operation of the sewer system for the twelve months immediately succeeding the completion of the facilities to be acquired with the proceeds of the 1974 bonds, reduced by -3- I i i an amount equal to 25% of estimated revenues to be derived from the proposed facilities to be acquired with the pro- ceeds of the 1974 bonds, are in an amount equal to the sum of the following (1) the estimated operation and mainte- nance expenses of the sewer system for said twelve months, and (2) an amount representing one hundred thirty per cent (130%) of the combined maximum annual principal and interest requirements of the outstanding revenue bonds and other ob- ligations of the City payable from and constituting a lien upon revenues of the sewer system, and the 1974 bonds pro- posed to be issued (excluding any reserves therefor) , and WHEREAS, a preliminary written certification by a Consulting Engineer (except the City Engineer) that the said ' estimated revenues and that said annual revenues, when ad- justed as provided in Ordinance No 15, 1965, are sufficient L to pay said amounts was submitted to the Fiscal Agent for review at least 30 days prior to the adoption of this author- izing ordinance, and WHEREAS, therefore, the provisions and requirements of Ordinance No 15,1965, for the issuance of parity lien i bonds, have been fully met and satisfied and the revenues to be derived from the system may now be pledged lawfully and irrevocably for the redemption of the 1974 bonds payable from revenues derived from the operation of the system NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS Section 1 Short Title This ordinance may be designated by the short title "6-1-74 Sewer Revenue Bond Ordinance " Section 2 Meanings and Construction The terms in this section defined for all purposes of this ordinance and of any ordinance amendatory hereof or supplemental hereto, or relating hereto, and of any instrument or document apper- taining hereto, except where the context by clear implication otherwise requires, shall have the meanings herein specifed A Adoption of Certain Definitions in Ordi- nance No 15,1965 The meanings assigned to words and phrases in paragraphs (1) , (4) , (5) , (6) , (7) , (8) , (9) , (10) , (12) , (14) , (16) , (17) , (18) , (19) , (20) , (22) , (25) , (26) , (27) , (28) , (30) , (31) , (44) , (45) , (47) , (48) , (51) , (57) , (58) , (59) , (60) , and (65) , of subsection A, Section 2 , -4- F.x.6AIS ...tt { Ordinance No 15,1965 shall be fully applicable here- under, the provisions of said paragraphs are hereby adopted by reference thereto as if set forth verbatim in full in this ordinance, and the other definitions of this ordinance shall apply to such provisions as so incorporated B Other Definitions (1) "Bond Fund" or "1974 Bond Fund" means the special account designated as the "City of Fort Collins, Colorado, Sewer Improvement Rev- enue Bonds, Series June 1, 1974, Interest and Bond Retirement Fund," created in Section 16 hereof (2) "Bonds" or "1974 bonds" means the bonds of that series authorized and issued pursuant r to this ordinance (3) "Construction Fund" means the City r r of Fort Collins, Colorado, Sewer Improvement Reve- nue Bonds, Series June 1, 1974, Construction and Other Acquisition Fund, " created in Section 15 hereof (4) "Coupons" means those authorized and issued hereunder and evidencing the interest on the applicable bond or bonds i (5) "Hereby, " "herein, " "hereinabove, " "hereinafter, " "hereinbefore, " "hereof, " "hereto, " "hereunder, " or any similar term refers to this or- dinance and not solely to the particular portion E thereof in which such word is used, "heretofore" means before the adoption of this ordinance, and "hereafter" means after the adoption of this ordinance (6) "Minimum Reserve" means the amount to be accumulated and maintained in the 1974 Reserve Fund as required by Section 16 hereof (7) 111965 Bond Fund" means the "City of Fort Collins, Colorado, Sewer Refunding and Improve- ment Revenue Bonds, Series June 1, 1965, Interest and Bond Retirement Fund" created by Ordinance No 15,1965 (8) "1965 bonds" means bonds of the issue of the City designated as the "City of Fort Collins, Colorado, Sewer Refunding and Improvement Revenue Bonds, Series June 1, 1965," authorized by Ordij nance No 15,1965 -5- i i i (9) "1965 Reserve Fund" means the "City of Fort Collins, Colorado, Sewer Refunding and Improvement Revenue Bonds, Series June 1, 1965, Reserve Fund" created by Ordinance No 15,1965 (10) "Project" or "Improvement Project" means the improvement and extension project herein authorized, that is, the improvement and extension of the system (11) "Purchaser" means such person or persons as shall purchase the bonds from the City (12) "Reserve Fund" or "1974 Reserve Fund" means the special account designated as the "City of Fort Collins, Colorado, Sewer Improvement Revenue Bonds, Series June 1, 1974, Reserve Fund, " created in Section 16 hereof (13) "Subordinate Bonds" or "subordinate obligations" means bonds or obligations payable from revenues of the system subordinate and junior to the lien of the bonds herein authorized to be issued C Construction This ordinance, except where the context by clear implication herein otherwise requires, shall be construed as follows (1) Definitions include both singular and plural (2) Pronouns include both singular and plural and cover all genders (3) Any percentage of bonds is to be figured on the unpaid principal amount thereof then outstanding Section 3 Ratification All action heretofore taken (not inconsistent with the provisions of this ordinance) by the Council and the officers of the City directed toward the Project and the issuance of the C ty' s 1974 bonds for those purposes, be, and the same hereby is , ratified, approved and confirmed Section 4 Authorization of Pro]ect The system shall be so improved and extended by the expenditure of not to exceed $2, 000, 000, excluding any cost of the Project de- frayed or to be defrayed by any source other than revenue bond proceeds, and said improvements and extensions have heretofore been and hereby are authorized, and the Project is hereby so authorized -6- t Section 5 Estimated Cost of Project The esti- mated cost of the Project is estimated not to exceed $2, 000, 000 excluding any such cost defrayed or to be defrayed by any source other than bond proceeds Section 6 Authorization of Bonds For the pur- pose of protecting the public health, conserving the prop- erty and advancing the general welfare of the citizens of the City, and for the purpose of defraying the cost of the Proj- ect, it is hereby declared necessary that the City make and issue, and there are hereby authorized to be issued, pursuant to the provisions of the Bond Act, the "City of Fort Collins, Colorado, Sewer Improvement Revenue Bonds, Series June 1, 1974, " in the principal amount of $2, 000, 000, payable both as to principal and interest solely out of the net income derived from the operation of the sewer system, and the City pledges irrevocably, but not necessarily exclusively, such net income to the payment of the bonds and the interest r thereon + Section 7 Bond Details The bonds shall be pay- able to bearer, shall be dated June 1 , 1974, shall consist of 400 bonds in the denomination of $5, 000 each, numbered con- secutively in regular numerical order from 1 to 400, inclu- sive, shall bear interest until maturity at the rates herein- after designated, evidenced by one set of coupons payable to bearer and attached to the bonds, payable semiannually on the first days of June and December in each year, commencing ► December 1, 1974, and shall be numbered and mature serially on the first day of December in each of the designated years and amounts, as follows Bond Numbers Interest Rate Principal Years (All Inclusive) Per Annum) Maturing Maturing 1 - 2 6 25 $ 10, 000 1977 3 - 4 6 25 10, 000 1978 5 - 6 6 25 10,000 1979 7 - 8 6 25 10, 000 1980 9 - 10 6 25 10,000 1981 11 - 12 6 25 10,000 1982 13 - 14 6 25 10, 000 1983 15 - 16 6 25 10,000 1984 17 - 18 6 25 10, 000 1985 19 - 54 6 25 180, 000 1986 55 - 91 6 25 185,000 1987 92 - 130 6 20 195,000 1988 131 - 170 6 20 200, 000 1989 171 - 212 6 20 210,000 1990 213 - 256 6 20 220,000 1991 257 - 302 6 30 230,000 1992 303 - 350 6 35 240,000 1993 351 - 400 6 40 250,000 1994 -7- k � f both principal and interest being payable in lawful money of the United States of America, without deduction for exchange or collection charges , at the Paying Agent In the event any of said bonds shall not be paid at- maturity upon presentation and surrender, it shall continue to draw interest at the rate of seven per cent (7%) per annum until the principal thereof is paid in full Section 8 Prior Redemption Option Bonds numbered 15 to 400, inclusive, maturing on and after the 1st day of December, 1984, shall be sub3ect to redemption prior to their respective maturities in inverse numerical order, at the op- tion of the City, on the 1st day of June, 1984, or on any in- terest payment date thereafter, at a price equal to the prin- cipal amount of each bond so redeemed, accrued interest thereon to the redemption date, and (A) a premium equal to two per cent (2%) of the principal amount of each bond so redeemed, if re- deemed on or before December 1, 1988, or (B) a premium equal to one per cent (1%) of the principal amount of each bond so re- deemed, if redeemed thereafter Section 9 Notice of Prior Redemption Notice of any prior redemption shall be given by the City Treasurer in the name of the City A By publication of such notice at `least once, not less than thirty (30) days prior to the redemption date, in a newspaper, as herein defined, and B By sending a copy of such notice by registered, first-class, postage prepaid mail, at least thirty (30) days prior to the redemption date to Halsey. StuartCo. - Tno of the purchasing group Such notice shall specify the number or numbers of the bonds to be so redeemed (if less than all are to be redeemed) and the date fixed for redemption, and such notice shall further state that on such redemption date there shall become due and payable upon each bond so to be redeemed at the Paying Agent (by designation) , the principal amount thereof and ac- crued interest to the redemption date, together with the designated premium, and from and after such date interest shall cease to accrue Notice having been given in the man- ner hereinabove provided, the bond or bonds so called for redemption shall become due and payable on the redemption date so designated, and upon presentation, at the Paying Agent, of such called bond or bonds, together with the appur- tenant coupons maturing subsequent to the redemption date, -8- the City shall pay the bond or bonds so called for redemption Section 10 Negotiability Sub3ect to the provi- sions expressly stated or necessarily implied herein, the 1974 bonds hereby authorized shall be fully negotiable and shall have all the qualities of negotiable coupon paper, and the holder or holders thereof shall possess all rights en3oyed by the holders of negotiable instruments under the provisions of the Uniform Commercial Code Section 11 Form and Execution of Bonds and Coupons A Method of Execution (a) Pursuant to Section 139-52-4 (7) , Bond Act, the Mayor, Director of Finance, and City Clerk shall each forthwith file with the Secretary of State his manual signature certi- fied by him under oath (b) Thereafter each of the bonds shall be executed in the name of and on behalf of the F City and authenticated with the manual signature of the Mayor, shall be countersigned with the j facsimile signature of the Director of Finance, and shall be attested with the facsimile signature of the City Clerk, with the facsimile of the seal of the City affixed thereto The interest coupons appertaining thereto shall be executed and authen- ticated by the facsimile signatures of said officers Said bonds and coupons bearing the signatures of the officers in office at the time of the signing thereof shall be the valid and binding obligations of the City, notwithstanding that before the deliv- er thereof and Y payment therefor any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices The Mayor by the execution of the bonds and all of said offi- cers by the execution of a signature certificate shall adopt as and for their signatures the facsim- iles thereof appearing upon any of the bonds or coupons In the event that at the time of execut- ing the bonds or a signature certificate the manual or facsimile signature of a predecessor in office of any officer appears on the bonds or coupons, said officer may, in like manner, adopt as and for his own signature the manual or facsimile signature of his predecessor -9- B Incontestable Recital in Bonds Pursuant to Section 139-52-13, Bond Act, each of the 1974 reve- nue bonds shall recite that it is issued under the au- thority of the Bond Act, such recital shall conclusively impart full compliance with all of the provisions thereof, and each bond issued containing such recital shall be incontestable for any cause whatsoever after its delivery for value Section 12 Special Obligations All of the bonds, together with the interest accruing thereon, and any prior redemption premium, shall be payable and collectible solely out of the net income to be derived from the operation of the system, the income of which is so pledged, the holder or holders thereof may not look to any general or other fund for the payment of principal of and interest on such obliga- tions, except the designated special funds pledged therefor, and such bonds shall not constitute an indebtedness nor a debt within the meaning of any constitutional, charter, or statutory provision or limitation, nor shall they be consid- ered or held to be general obligations of the City { Section 13 Form of Bonds and Coupons The bonds and the coupons appertaining thereto shall be in substantially { the following form 1 f , -10- t (Form of Bond) UNITED STATES OF AMERICA STATE OF COLORADO COUNTY OF LARIMER CITY OF FORT COLLINS SEWER IMPROVEMENT REVENUE BOND SERIES JUNE 1, 1974 NO $5, 000 r The City of Fort Collins (herein "City") , in the County of Larimer and State of Colorado, for value received, hereby promises to pay to the bearer hereof, solely from the special funds provided therefor, as hereinafter set forth, on the first day of December, 19`, the principal sum of FIVE THOUSAND DOLLARS j and to pay from said special funds interest hereon from date until maturity at the rate of t per cent ( %) per annum, evidenced until maturity by one set of interest coupons, payable on the first day of December, 1974, and semi- annually thereafter on the first days of June and December in each year, upon presentation and surrender of this bond and the annexed interest coupons as they severally become due If upon presentation at maturity, payment of this bond is not made as herein provided, interest shall continue at the rate of seven per cent (7%) per annum until the principal hereof is paid in full Both principal and interest are payable in lawful money of the United States of America, without deduc- tion for exchange or collection charges, at the office of the _ Director of Finance and ex officio City Treasurer, in Fort Collins, Colorado The bonds of the series of which this is one matu- ring on and after the lst day of December, 1984, are sub3ect to prior redemption in inverse numerical order at the option of the City on the 1st day of June, 1984, or on any interest payment date thereafter at a price equal to the principal amount of each bond so redeemed, accrued interest thereon to the redemption date and (A) a premium equal to two per cent (2%) of the principal amount of each bond so redeemed if re- deemed on or before December 1, 1988, or (B) a premium equal to one per cent (1%) of the principal amount of each bond so = redeemed, if redeemed thereafter Redemption shall be made � -11- 4 3 t i 1 i upon not less than thirty days' prior published and mailed notice in the manner and upon the conditions provided in the ordinance authorizing the issuance of this bond This bond does not constitute a debt nor an indebt- edness of the City within the meaning of any constitutional, charter, or statutory provision or limitation, shall not be considered or held to be a general obligation of the City, and is payable and collectible solely out of the net income derived from the operation of the City 's municipally owned sewer system (herein "system") , the income of which is so pledged, and the holder hereof may not look to any general or other fund for the payment of the principal of and inter- est on this obligation, except the special funds pledged therefor Payment of the bonds of the series of which this is one and the interest thereon shall be made solely from, and as security for such payment there are pledged, pursuant to the 6-1-74 Sewer Revenue Bond Ordinance, two special funds ' identified as the "City of Fort Collins, Colorado, Sewer Improve- ment Revenue Bonds, Series June 1, 1974, Interest and Bond Retirement Fund, " and as the "City of Fort Collins, Colorado, Sewer Improvement Revenue Bonds, Series June 1, 1974, Reserve Fund," into which funds the City covenants to pay respectively, from the revenues derived from the operation of the sewer sys- tem, as therein defined, after provision only for all neces- sary and reasonable expenses of the operation and maintenance of the system, sums sufficient to pay when due the principal of and the interest on the bonds of the series of which this f is one and of any series on a parity therewith and to create and maintain a reasonable and specified reserve for such purpose For a description of said funds and the nature and extent of the security afforded thereby for the payment of the principal of and the interest on said bonds, reference ms made to said ordi- nance The bonds of the series of which this is one are equit- ably and ratably secured by a lien on the met revenues of the system, as therein defined, and said bonds constitute an irrevo- cable and first lien (but not necessarily an exclusively first lien) upon said net revenues, on a parity with the lien thereon of the outstanding City of Fort Collins, Colorado, Sewer Refund- ing and Improvement Revenue Bonds, Series June 1, 1965 Bonds in addition to the series of which this is one, subject to ex- pressed conditions, may be issued and made payable from said net revenues of the system and having a lien thereon subordinate and junior to the lien, or subject to addxttional expressed -12- I conditions, having a lien thereon on a parity with the lien, of the bonds of the series of which this is one, in accordance with the provisions of said ordinance This bond and the other bonds of the series of which it is a part are issued under the authority of Article 52, Chap- ter 139, Colorado Revised Statutes 1963, including all pres- ently existing amendments, which act is commonly designated as the "Water and Sewer Revenue Bond Act of Colorado", pursuant to Section 139-52-13 thereof such recital conclusively imparts full compliance with all provisions of said Act, and this bond issued containing such recital is incontestable for any cause whatsoever after its delivery for value The City covenants and agrees with the holder of this bond and with each and every person who may become the holder hereof that it will keep and perform all of the cove- nants of said ordinance, including, without limiting the generality of the foregoing, its covenants that it will fix, maintain and collect rates for services rendered by the sys- tem sufficient to produce revenues or earnings sufficient to pay the annual operation and maintenance expenses and an ' amount equal to one hundred thirty per cent (130%) of the combined maximum annual principal and interest requirements f of the bonds and any other obligations payable annually from any revenues of the system (excluding the reserves therefor) f This bond is one of a series of bonds of like tenor, amount and date, except as to number, purpose, interest rate, j prior redemption option and maturity, issued for the purpose of the improvement and extension of the City's municipally owned and operated sewer system The bonds of said series are issued in conformity with the Constitution and laws of the State of Colorado, the Charter of the City, and the 6-1-74 Sewer Revenue Bond Ordinance of the City duly passed and adopted prior to the issue hereof This bond is subject to the condition, and every holder hereof by accepting the same agrees with the obligor and every subsequent holder hereof, that (a) the delivery of this bond to any transferee shall vest title in this bond and in the interest coupons attached hereto in such trans- feree to the same extent for all purposes as would the de- livery under like circumstances of any negotiable instrument payable to bearer, (b) the obligor and any agent of the obligor may treat the bearer of this bond as the absolute owner hereof for all purposes, and shall not be affected by any notice to the contrary, (c) the principal of and the -13- s interest on this bond shall be paid, and this bond and each of the coupons appertaining thereto are transferable, free from and without regard to any equities between the obligor and the original or any intermediate holder hereof, or any setoffs or cross-claims, and (d) the surrender to the obligor or any agent of the obligor of this bond and of each of the coupons shall be a good discharge to the obligor for the same It is further certified, recited and warranted that all the requirements of law have been fully complied with by the proper officers of the City in the issue of this bond IN WITNESS WHEREOF, the City of Fort Collins has caused this bond to be executed and authenticated in its name with the manual signature of the Mayor of the City of Fort Collins and countersigned by the facsimile signature of the City' s Director of Finance and ex officio City Trea- surer, and attested with the facsimile signature of the City Clerk, has caused the facsimile of the seal of the City to 4 be affixed hereon, and has caused the interest coupons apper- taining hereto to be executed with the facsimile signatures t of said officers, all as of the first day of June, 1974 CITY OF FORT COLLINS } i By (Manual Signature) � (FACSIMILE SEAL) Mayor ATTEST i (Facsimile Signature) City Clerk Countersigned (Facsimile Signature) Director of Finance (End of Form of Bond) -14- 1 (Form of Coupon) Coupon No $ June, On the first day of December, 19_, unless the bond to which this coupon is attached, if callable prior to said date, is called for prior redemption, the City of Fort Collins, in the County of Larimer and State of Colorado, will pay to bearer in lawful money of the United States of America at the office of the Director of Finance and ex officio City Trea- surer, in Fort Collins, Colorado, the amount herein stated solely from and secured by a pledge of special funds created from the net revenues derived from the operation of the sewer system of the City, and providing for the payment of six months' interest on its City of Fort Collins, Colorado, Sewer Improvement Revenue Bond, Series June 1, 1974, and bearing Bond No (Facsimile Signature) Mayor (Facsimile Signature) City Clerk (Facsimile Signature) Director of Finance i (End of Form of Coupon) 4 -15- Section 14 Bond Preparation, Execution and Deliv- ery The Mayor, City Clerk and Director of Finance are hereby authorized and directed to prepare and execute the bonds as herein provided When the bonds have been duly executed and sold, the Director of Finance shall deliver them to the Pur- chaser on receipt of the agreed purchase price Section 15 Disposition of Bond Proceeds A Accrued Interest and Premium All moneys received as accrued interest at the time of delivery of the bonds from the sale thereof and any premium therefor shall be deposited into the Bond Fund, to apply on the payment of interest next due on the 1974 bonds payable therefrom B Construction Fund All other proceeds re- ceived from the sale of the bonds shall be deposited promptly upon the receipt thereof in a separate account hereby created and to be known as the "City of Fort Collins, Colorado, Sewer Improvement Revenue Bonds, Ser- ies June 1, 1974 , Construction and Other Acquisition k Fund" (herein "Construction Fund") The moneys in the i Construction Fund, except as herein otherwise specifi- cally provided, shall be used and paid out solely for the Project Moneys shall be withdrawn from the Con- struction Fund for the Project only upon vouchers or s checks drawn and signed by the Director of Finance and ! the Assistant Director of Finance The account hereby i created in this paragraph B of Section 15 hereof, may be maintained as an account in the City' s existing Sewer Capital Improvement Fund, but shall be separately ` accounted for C Completion of Project When the Improve- ment Project shall have been completed in accordance with such plans and specifications, and when all amounts due therefor, including all proper incidental expenses, shall have been paid, the Consulting Engineer shall file with the Director of Finance a certificate so stating D Investment and Tax Exemption Except as herein otherwise provided, the proceeds derived from the sale of the bonds shall be applied solely to the Proj- ect Pending such application the bond proceeds may be invested in such manner as is permitted in Section 17 hereof, but the City hereby covenants for the benefit of each holder of the bonds that -16- .ryh.Ctiv7".,s .f�{s�^xa tfa �vfatr+e�'i�'"�CC'6;.w�GFs �-..aiS mt�^ .. r-S r..i'.iN,t"S'.1ww.�...iF s.�>rr,..�...._.-..�.y s... ..w,..�ti.,.xn.2.1 a �+. ..r-n<wr,.d..x -s.-.n�7at .i ..+.x�` .✓w....... .. (1) Bond proceeds shall not be invested + in such manner as to result in the loss of exemp- tion from federal income taxation of interest on the bonds, (2) Such sums constituting in the aggre- gate a major portion or more of the proceeds of the bonds shall not be invested directly or indi- rectly in taxable obligations so as to produce an adjusted yield (including permissible adjustments for any premiums, discounts and costs) , which is materially higher than the adjusted yield of the bonds and which results in the bonds constituting taxable "arbitrage bonds" within the meaning of 5 103 (d) , Internal Revenue Code of 1954, as amended by 5 601 (a) , Tax Reform Act of 1969 (83 Stat 656) , any subsequent amendments, and the Income Tax Reg- ulations issued thereunder, (3) The City shall make no use of the proceeds of the bonds which will cause them to be such arbitrage bonds, (4) The covenant in this section imposes s an obligation on the City to comply with the require- ments of § 103 (d) of such Code and such Income Tax i Regulations, but } (5) Such sums may be otherwise invested !, if and when such act and regulations permit the investment to be made in the manner made without causing the bonds to become such arbitrage bonds E Purchaser Not Responsible Any purchaser of the bonds herein authorized, however, shall in no man- ner be responsible for the application or disposal by the City or by its officers of the funds derived from the sale thereof or of any other funds herein designated Section 16 Administration of Sewer Fund So long as any of the bonds hereby authorized shall be outstanding, either as to principal or interest, or both, the following payments shall be made from the separate account known as the "City of Fort Collins, Colorado, Sewer System Gross Income Fund" (created by Ordinance No 15,1965 and herein sometimes designated as the "Sewer Fund" or as the "Income Fund") A 0 & M Expenses Firstly, as a first charge thereon, there shall continue to be set aside i -17- from time to time moneys sufficient to pay operation and maintenance expenses of the system as they become due and payable, and thereupon they shall be promptly paid Any surplus remaining at the end of the Fiscal Year and not needed for operation and maintenance ex- penses shall be transferred to the Sewer Fund and be used for the purposes thereof, as herein provided B 1965 Bond and Reserve Funds Secondly, and subject to the aforesaid provisions, from any moneys remaining in the Sewer Fund, 1 e , from the net income of the system, there shall continue to be deposited into the 1965 Bond Fund and 1965 Reserve Funds, respectively, the monthly payments required by Section 19 of Ordinance No 15,1965, as such section is supple- mented and qualified by the remainder of Ordinance No 15,1965 C 1974 Bond Fund Thirdly , and subject to the aforesaid provisions but concurrently with the monthly payments required by paragraph B of this sec- tion, from said moneys remaining in the Income Fund, i e , from the net income of the system, there shall also be deposited into a separate account hereby created and to be known as the "City of Fort Collins, Colorado, i Sewer Improvement Revenue Bonds, Series June 1, 1974, j Interest and Bond Retirement Fund" (herein sometimes referred to as the "1974 Bond Fund" or as the "Bond Fund") , the following (1) Monthly , commencing on the 1st day of July, 1974, an amount in equal monthly install- ments necessary, together with any moneys therein and available therefor, to pay the next maturing installment of interest on the 1974 bonds then out- standing, and monthly thereafter commencing on said interest payment date one-sixth of the amount neces- sary to pay the next maturing installment of inter- est on the outstanding 1974 bonds (2) Monthly, commencing on the 1st day of January, 1976 one-twelfth of the amount neces- sary to pay the next maturing installment of prin- cipal on the 1974 bonds s -18- ,��we?c"•-[ra,u. � .U„wo �.h a iX,w a .a_C _ ..*. r .,... _. _. ..._... _ _. .. .,_ �. ... _. _. -- i D 1974 Reserve Fund Fourthly, but concur- rently with the payments required by paragraphs B and C of this section, except as provided in paragraphs E and F of this section, from any moneys remaining in the Sewer Fund, there shall be set aside and paid monthly, commenc- ing on the 1st day of July, 1974, at least $ 2 300 00 per month into a separate account hereby created and to be known as the "City of Fort Collins, Colorado, Sewer Improvement Revenue Bonds, Series June 1, 1974 , Reserve Fund" (herein sometimes referred to as the "1974 Reserve Fund" or as the "Reserve Fund") , until a reserve has been accumulated in an amount equal to not less than $ 276 000 00 (herein sometimes designated as the "Minimum Reserve") After the Minimum Reserve has been accumulated, such amounts or amount, if any, shall be deposited monthly from any moneys remaining in the Sewer Fund, into the 1974 Reserve Fund necessary to maintain the Reserve Fund as a continuing reserve in an amount not less than the Minimum Reserve to meet possible deficiencies in the 1974 Bond Fund No payment need be made into the 1974 Reserve Fund so long as the moneys therein shall equal not less than the Minimum Reserve The moneys in the 1974 Reserve i Fund shall be accumulated and maintained as a continu- ing reserve to be used, except as hereinafter provided in said paragraph E and F of this section, only to pre vent deficiencies in the payment of the principal of and the interest on the bonds hereby authorized result- ing from the failure to deposit into the 1974 Bond Fund sufficient funds to pay said principal and interest as the same accrue fi E Termination upon Deposits to Maturity No payment need be made into the 1974 Bond Fund, the 1974 Reserve Fund, or both, if the amount in the 1974 Bond Fund and the amount in the 1974 Reserve Fund total a sum at least equal to the entire amount of the 1974 bonds out- standing, both as to principal and interest to their re- spective maturities, and both accrued and not accrued, in which case moneys in said two funds in an amount at r -19- + least equal to such principal and interest requirements ' shall be used solely to pay such as the same accure, and any moneys in excess thereof in said two funds and any other moneys derived from the operation of the sys- tem may be used in any lawful manner determined by the ` City Council F Defraying Delinquencies in Bond Fund and Reserve Fund If, in any month, the City shall, for any reason, fail to pay into the 1974 Bond Fund the full amount above stipulated from the net income of the sewer + system then an amount shall be paid into the 1974 Bond Fund in such month from the 1974 Reserve Fund equal to the difference between that paid from said net income and the full amount so stipulated The money so used shall be replaced in the 1974 Reserve Fund from the first rev- enues thereafter received from the operation of the sys- tem not required to be otherwise applied by paragraphs A, B, C, D and G of this section, but excluding any pay- q1 ments required for any subordinate obligations In the f case other bonds or other obligations are outstanding any lien to secure the payment of which on the net rev- enues of the system is on a parity with the lien thereon of the 1974 bonds, and the proceedings authorizing the issuance of those obligations require the replacement f of moneys in a reserve fund therefor, then the money E replaced in the 1974 Reserve Fund and each such other I reserve fund shall be replaced on a pro rata basis as moneys become available therefor If, in any month, the City shall, for any reason, fail to pay into the Reserve Fund the full amount above stipulated from the net income of said sewer system, the difference between the amount paid and the amount so stipulated shall in a like manner be paid therein from the first revenues thereafter received from the operation of the system not required to be otherwise applied by paragraphs A, B, C, D and G of this section, but excluding any pay- ments required for any subordinate obligations The moneys in the 1974 Bond Fund and the 1974 Reserve Fund shall be used solely and only for the purpose of paying the principal of and the interest on the bonds issued hereunder, provided, however, that any moneys at any time in excess of the Minimum Reserve in the 1974 Re- serve Fund may be withdrawn therefrom and used as herein -20- provided for the redemption of bonds hereby authorized as they become due or on any redemption date, and pro- vided that any moneys in the 1974 Bond Fund and the 1974 Reserve Fund in excess of accrued and unaccrued principal and interest requirements to the respective maturities of the bonds outstanding may be used as hereinabove provided in paragraph E of this section G Payment for Additional obligations Fifthly, but either subsequently to or concurrently with the payments required by paragraphs C and D of this section and as provided in Section 18 hereof, any balance remaining in the Sewer Fund, after making the payments hereinabove provided, shall be used by the City for the payment of interest on and the prin- cipal of additional bonds or other obligations here- after authorized to be issued and payable from the revenues of the sewer system, including reasonable r reserves therefor, as the same accrue, provided that the lien of such additional bonds or other obligations on the net income and revenues of the system and the pledge thereof for the payment of such additional obligations shall be on a parity with, or subordinate to, the lien and pledge of the bonds herein author- ized, as hereinafter provided H Use of Sewer Revenues After making the payments hereinabove required to be made by paragraphs i A to G, inclusive, of this section, any remaining in- come and revenues derived from the operation of the sewer system in the Sewer Fund, shall be used for any t one or any combination of purposes, as follows (1) For the payment of the interest on and principal of general obligation bonds, debt and other obligations, if any, incurred in the acquire- ment, construction and improvement of the sewer system, (2) For the purchase in the open market of the 1974 bonds or any other outstanding bonds or other obligations incurred for any such purpose or purposes and payable from any revenues of the sewer system, at the best price obtainable, not, however, in excess of the call price therefor then applicable, or if none be then applicable, not in excess of a reasonable price therefor, -21- (3) For the prior redemption of the 1974 bonds or any other outstanding bonds or other obli- gations incurred for any such purpose or purposes and payable from the revenues of the system, in ac- cordance with the provisions of the bonds or other obligations and the ordinance authorizing their issuance, including but not necessarily limited to this ordinance, but not in excess of a price at which such bonds or other obligations can be pur- chased in the open market, (4) For the improvement and extension of the sewer system, (5) For any other lawful purpose or pur- poses authorized by the Constitution and laws of the State of Colorado and the resolutions, ordinances 1 and Charter of the City, as the same may be amended from time to time, 3 as the City Council at its option may from time to time determine and direct Section 17 General Administration of Funds The " funds and accounts designated in Sections 15 and 16 hereof and in Section 18 of Ordinance No 15,1965 shall be adminis- tered as follows j i A Places and Times of Deposits Each of said funds and accounts shall be maintained and accounted for separately from all other funds and accounts and shall be deposited in an Insured Bank or Insured Banks as deter- mined and designated by the City Council (except as other- wise expressly stated herein) , but each fund and account need not necessarily constitute a separate bank account Each bank account shall be continuously secured to the fullest extent required or permitted by the laws of Colorado for the securing of public funds, and shall be irrevocable and not withdrawable by anyone for any pur- pose other than the respective designated purposes Each monthly payment shall be made into the proper account on the first day of each month, except that when the first day of any month shall be a Sunday or a legal hol- iday, then such payment shall be made on the next pre- ceding secular day Notwithstanding any other provision herein to the contrary, moneys shall be credited with the Paying Agent at least five days prior to each inter- est payment date herein designated sufficient to pay the interest and any prin%pal then becoming due on the bonds -22- i B Investment of Moneys Sub3ect to the provisions of Section 15, D, hereof, any moneys in ' any said account not needed for immediate use, may be invested or reinvested by the Director of Finance in Federal Securities which shall be sub3ect to redemp- tion at face value by the holder thereof at the option of such holder, or which shall mature not later than ten years from the date of such investment, provided, however, that the maturity of any security which is not sub3ect to prior redemption at the holder' s option shall not exceed the estimated date of the probable expenditure or use of the moneys evidenced by such security The Federal Securities so purchased as an investment of moneys in any such account shall be deemed at all times to be a part of said account, and the interest accruing thereon and any profit realized therefrom (except from the Construction Fund) shall be 3 credited to the account to which the investment apper- tains, and any loss resulting from such investment shall be charged to such account Moneys in any said account not immediately needed as hereinabove provided in this paragraph B, may also be invested or reinvested in a savings account in a state or federal savings and loan association in Colorado which is a member of the Federal i 1 Savings and Loan Insurance Corporation, so long as the payment of such account is fully secured under the appro- priate federal law The Director of Finance shall pre- sent for redemption or sale on the prevailing market any Federal Securities so purchased as an investment of moneys in the fund or account whenever it shall be necessary to do so in order to provide moneys to meet any payment or transfer from such account C Character of Funds The moneys in any account herein authorized shall consist either of lawful money of the United States of America, or Federal Secu- rities, or both such money and such securities Moneys deposited in a demand or time deposit account in, or evidenced by a certificate of deposit of, an Insured Bank, or deposited in a savings account pursuant to the next preceding paragraph B hereof, shall be deemed law- ful money of the United States of America Section 18 Bond Liens and Additional Bonds Ex- cept as hereinafter provided, the lien of the 1974 bonds and A -2 3- of future bonds shall be in all respects as provided in Sec- tions 21 to 31, inclusive, of Ordinance No 15,1965, future bonds shall be issued in accordance with the provisions and i limitations thereof, the provisions of said sections are hereby adopted by reference thereto as if set forth verbatim in full in this ordinance and as so incorporated, the defin- itions of this ordinance shall apply thereto, provided, how- ever, that each reference in said sections to "1965 bonds" or "1965 revenue bonds" shall be construed for purposes of this ordinance as referring to the 1974 bonds, and the ref- erence to Section 19 shall be construed for purposes of this ordinance as referring to Section 16 of this ordinance Section 19 Particular Covenants of the City Ex- cept as hereinafter provided, the provisions of Section 32 of Ordinance No 15,1965, shall constitute covenants and agreements between the City and the holders of the 1974 bonds and coupons, the provisions of said sections are hereby adopted by reference thereto as if set forth verbatim in i full in this ordinance and as so incorporated, the defini- tions of this ordinance shall apply thereto, provided, how- ever, that A All references in said section to re- funding bonds and provisions in relation thereto are excepted from such incorporation by reference, B Each reference in said section to the 1965 bonds shall be construed for purposes of this ordinance as referring to the 1974 bonds, C The reference in paragraph A(2) of said section to $2,200, 000 shall be construed for purposes of this ordinance as $2,000, 000, D Each reference in said section to Sec- tion 19 shall be construed for purposes of this or- dinance as referring to Section 16, and E Each reference in said section to Sec- tions 23 to 31 shall be construed for purposes of this ordinance as referring to Section 18 Section 20 Miscellaneous The provisions of Sec- tions 34 to 43, inclusive, of Ordinance No 15, 1965, shall be fully applicable hereunder, the provisions of said sections are hereby adopted by reference thereto as if set forth ver- batim in full in this ordinance and as so incorporated, the definitions of this ordinance shall apply thereto -24- e 1 1 { Section 21 Emergency, Publication, and Effective Date There are existing conditions, hereinafter described, ' actually arising from unforeseen contingencies which immed- iately endanger public property, health, peace and safety The City has received an abatement order from the Water Pol- lution Control Board of the State of Colorado requiring the City to bring its sewage discharge into compliance by July 1, 1974, or to cease operating a sewer utility The consumma- tion of the sale and delivery of the bonds herein authorized must take place at the earliest possible date if the City is to have a reasonable expectation of taking affirmative ac- tion in time to satisfy the State's requirements Therefore, this ordinance is immediately necessary on account of such emergency and immediately upon its final passage this ordinance shall take effect and thereupon shall be numbered and recorded in the Ordinance Record, authenti- cated by the signatures of the Mayor and of the City Clerk, shall be published in the _ Fat Collans Co oradnan , a newspaper of the City published and of general circulation therein within 5 days after y passage and such publication shall also be authenticated by the signatures of the Mayor and City Clerk ! INTRODUCED, PRESENTED AND FINALLY PASSED THIS 6TH DAY OF JUNE, 1974 i i (SEAL) �^ Mayor JILT 11EST City Clerk e -25- It was thereupon moved byl Councilwoman Preble and seconded by Councilwoman Reeves that any rule of the City Council which would prevent the passage of said ordi- nance at this meeting be suspended, and said ordinance be placed upon its final passage The roll was called upon said motion with the following result Those Voting Yes J W N Fead Charles Bowling Mabel Preble Margaret Reeves Jack Russell Earl Wilkinson Those Voting No None The presiding officer declared the motion carried and the rules suspended, and said ordinance placed upon its final passage Councilwoman Preble then moved that said or- dinance be passed as presented Councilwoman Reeves seconded i f the motion The motion being upon the final passage of the ordinance, the roll was called with the following result Those Voting Yes Charles Bowling { J W N Fead Mabel Preble j Margaret Reeves j Jack Russell ' Earl Wilkinson 1 , Those) Voting No None The presiding officer thereupon declared that, at least 4 of the members present having voted in favor of said ordinance, the said motion was carried and the ordinance fin- ally passed and in effect Thereupon, other business not appertaining to the City' s sewer system was considered Thereafter, there being no further business to come before the meeting, on motion duly made, seconded and unani- mously carried, the meeting was adjourned (SEAL) Mayor ATTEST City Clerk -2 6- , STATE OF COLORADO ) COUNTY OF LARIMER ) SS i ) CITY OF FORT COLLINS ) We J W N Fead , the Mayor and Verna Lewis the City Clerk of the City of Fort Collins, Colorado, do hereby certify 1 That the foregoing Ordinance No 30,1974 was finally passed and ordered published at a regular meeting of the City Council held on Thursday, the 6th day of June, 1974, and was published in full within 5 days thereof on the llth day of June, 1974, in The Fort Collins Coloradoan , a newspaper printed, published and of general circulation in the City of Fort Collins 2 That the Mayor and 1; other members of the City Council were present at said meeting, and that the mem- bers of said City Council voted on the passage of said ordi- nance as in said minutes set forth , 3 That the foregoing pages numbered 1 to 26, in- clusive, are a true, full and correct co of the PY proceedings ceedings of the City Council of said City, insofar as said minutes relate to the final adoption of said ordinance, which ordinance t is recorded in full in the Ordinance Record IN WITNESS WHEREOF, we have hereunto set our hands and affixed the seal of the City of Fort Collins, Colorado, 1 this 6th day of June, 1974 Mayor City ler (SEAL) .r - -27- r (Attach Affidavit of Publication in Full of Ordinance No ) I t 1 t , i i I I , t ! , r F -28-