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HomeMy WebLinkAbout113 - 09/15/1981 - AUTHORIZING THE ISSUANCE OF BOND ANTICIPATION NOTES IN THE PRINCIPAL AMOUNT OF $2,000,000, FOR THE P ORDINANCE NO. ,113,.1981 .AN .ORDINANCE AUTHORIZING THE ISSUANCE OF BOND :ANTICIPATION NOTES OF THE CITY OF FORT COLLINS, `COLORADO, IN THE PRINCIPAL AMOUNT OF $2,000,000, F.ORTHE 'PURPOSE OF ACQUIRING, CONSTRUCTING AND INSTALLING _ IMPROVEMENTS TO THE FORT COLLINS - LOVELAND MUNICIPAL AIRPORT, AND PROVIDING FOR THE FORM -OF THE NOTE ,AND,PROVJ SION FOR THE PAYMENT THEREOF. WHEREAS, the -City of Fort -Collins, Larimer County, Colorado (the b"C.tty") , 1's .,a "ddl-y organized :and -acting-!home rule 'City 4of 'the _-State of -Colorado, created and operating pursuant to Article XX of the Constitution =of said State and a home rule Charter (the "Charter") adopted and from time -_to-Mime amended 'in :accordance therewith; :and WHEREAS, the Cities of Fort Collins and Loveland jointly own and ,operate the .Fort:-Col fins -:-Loveland Municipal. Airport; .and. the :City Council vhas determined to acquire, -construct and"ins::tall certai'n 'J mprovements to the airport; and WHEREAS, :'Section `20:2 >rof -the":Charter.rrau:thorizes -the ::Ci;ty "-to borrow money, by Council action and without an election, in anticipation of the :collection of ,tuxes or other revenues =:and to =issue :short-term notes :to `evidence the amount so borrowed"; and WHEREAS, the Colorado General Assembly in .1981 has .passed S.B. No. 1173, which -authorizes a municipality to .:issue bond Aantic'ipation •notes in anticipation of the issuance of bonds; and WHEREAS, The City Council has determined to 'issue• bond anticipation -notes pursuant to Section 20.2 of the Charter, and. S.B. No. ' 173 (Title 29, Article 4, Part I. C.R.S. 1973, as amended) the principal of and interest on the notes to be paid 'from the proceeds . of sales and use tax- revenue :bon'ds ;of .-:the :City 'to'.-be .author.ized :.and -'issued. >at :°a "later date, and,: in add t.ion, fr-.om<.munic.ipal sales ,,and ,use:taxes imposed ;and><.collected :by :the .city,-which<may Iawfully be `available; and WHEREAS, ..Section ' 20.4 of the Charter - authorizes .the ..City to issue revenue bonds, by action of the City Council and without an election, which are payable from the proceeds of any sales tax, use tax or other excise tax ..,of the City; and WHEREAS, in accordance with Section 104 of. the;-Municipal `Code- df 'the City, the City has established a 2% sales and use. tax upon the sale .and purchase of tangible personal property ,at retail sand the . storage, _.use, distribution and consumption of tangible personal - property purchased .or acquired at retail, within the City; and `WHEREAS, .the City Council ,has determined that'_the proceeds Jrom --the sales and use tax revenue bonds to be authorized and issued at a later date w.i.11 -be -within the. meaning .of .the.`-term "other revenues" An ,.Section,, ;2�.of the Charter; and WHEREAS, the estimated cost of the proposed improvements is the amount of-$2 '000,000, fand the City does .not-.have .funds,.pr.esently available 'for:-the payment of the cost of construction; and WHEREAS, , because of adverse bond market conditions existing at the present time, the City Council has determined !to 'authorize the i.ssuance `of short term notes for such purpose, .to be payable solely from the proceeds ofsthe issuance and sale of sales .and use tax revenue bonds as indicated above, "and from certain proceeds from the municipal sales and use taxes -2- `_.imposed `and-.`collected.:by. the 'C'i.ty, which may lawfully-be available 'for such -purpose; Nand .WHEREAS, the City has received as.prop.osal ,'from ,Boettcher & ,-Co.,, Denver, Colorado, for the- purch.a.se of Bond Anticipation Notes i.n the principal amount of $2,000,000, and the City has determined that such proposal is to the best advantage of the City and that such notes .should be -sold to Boettcher & Co. ; and aWHEREAS, ,the ':City Council has-:determined Ito `authorize'-the issuance--of the notes in the principal amount of $2,000,000, and to .provide for the form Hof- the notes and the method .of:payment therefor.; BE IT ORDAINED BY. THE CITY COUNCIL OF THE CITY OF FORT COLLINS, 'COLORADO: Sectional. .'Authorization. -_'Th'at for the 'purpose of-;pr.oviding.'interim financing, pending a change in market conditions which would permit the J.ssuance •of :the City' s. Sales and tUse -"Tax Revenue ;:Bonds,-tor ,paying :the „costs of acquiring, constructing and installing improvements to the Fort Collins - .Loveland Municipal Airport, . there are hereby authorized Bond. ' Anticipation Notes;of the City, in-.the�.principal amount-O'f7$2,000,000, each to .be designated "Bond Anticipation Note" (the "Notes") . Both the princi- pal thereof and the interest thereon shall ,-be payable solely out of the proceeds of .the issuance and sale of"the proposed Sales and Use Tax Revenue Bonds of the City, to be authorized and issued at a later date, and from munici.;pal sales and .use taxes imposed and collected by the City, which may be lawfully available. The Notes do not constitute a lien on the special :funds-established by Ordinance No. 47, 1980 or Ordinance 87, 1981, relating -3- -Section 4 Torm ands:Execution,of -the•Notes .;and Interest Coupons. ':The "::Notes shall besi.gned ,with the facsimile 'signature,.of ,the Mayor of 'the City, attested by the manual signature of the City Clerk, countersigned with -the 'facs'imile 'signature -of -the ` Director of Finance, .sealed with -;a �fac.simi'le °of the official seal of 'the City, and the interest coupons to be - signed with the facsimile signature of the Director of Finance. -When Issued as .aforesaid- as part of the notes., -such 'interest -coupons ;sha1'1 Abe 'the binding obligations of the City according to their import. -.Should any -officer whose manual or facsimile signature appear.sron. the Notes .or the coupons attached thereto -cease 'to be :such officer before delivery of the Notes to the purchaser, such manual or facsimile signature -shall nevertheless be valid and -sufficient for •.all. purposes. -- 'The Notes and the interest coupons attached 'thereto shall be in -•:substantially the following form: -5- =to`:the °authorizat'ion 'and issuance�°•of,'Sales '°and Use 'Tax`"Revenue Bonds,.;dated '?•May 1, `1980, 'in,the ,or.i.gilnal principal amount ,of.,;$1 �35 000, and :;Sales_.- nd '.Use "Tax �Rev.enue .Bonds, ,;dated `August 1,; ?1-981, in -,;'.the .ori,g.inal �pr`inc.i,pa1 amount of .$5,700,000, respectively. Section 2. Details of the Notes. That the Notes shal`1 be dated October 1, 1981, and be in the denomination of $5,000 --each numbered 1 -to 400, inclusive, shall be payable to bearer, and bear interest from date to 1�maturity ;at "the rate of eleven and one-quarter °';:per ..cent (11 . 1%4Yo) per annum, payable on April 1, 1982, and October 1, 1982, and shall mature on :October J., 1982. 'The net effective interest rate of this issue `of`Notes 'is' 12 75% 'per annum. The'Notes <shall Abe' r,edeemable`.prior::to the'maturity=date. 'The principal of and interest on the Notes shall be payable l at `The `'Fir:st^lnterstate Bank of'Fort Collins, in:Fort Collins, Colorado. 'Section`3. Special Obligations. All of the Notes, together with the interest accruing thereon, shall be payable and collectable solely out of ;,the proceeds of ,the future issuance of the City' s Sales and Use Tax,:Revenue Bonds, and from municipal sales and use taxes imposed and collected by the City, which may be lawfully available. The holder -or holders thereof may snot look to any general or other fund -for the payment of the principal --of and interest on such obligations and such notes shall not constitute an .indebtedness or ,a debt within the meaning of any, constitutional , statutory or Charter provision or limitation; nor shall they-'be considered or held -to be general obligations of the City. -4 `-Form of 'Bond •Anticipation Note) UNITED.STATES..OF AMERICA `.�STATE1W`COLORADO ;z'.000NTY. OF;LARIMER CITY OF FORT'COLLINS %BOND ANTICIPATION NOTE No. $5,000 The City of -Fort Collins, in .the County .:of Larimer and State --of 'Worado, for value;received, '-hereby•-promises Ito .pay c.to _^the bearer hereof, -out of the special fund hereinafter ='designated ' but .not °otherwi,se,. :the .,principal sum_of :`FIVE JHOUSAND:DOLLARS in lawful money of the United States of America, on the 1st day of October, ;198.., with interest thereon from date to°maturity .at :the. r.:ate of eleven and ".one-quarter per centum (11 1/4%) per ; annum, payable -on April 1, 1982 and :.October 1, 1982. Both principal and interest are payable at The First -,Interstate Bank of-Fort, Collins, 'in`'Fomt Collins„C6.lor.ado,. upon - presenta- tion and surrender -of the attached coupons. and this' Note as they ,severally ;become .due. This 'Note sha Yl"hot'be re'deemable`prior to' matur'ity. This Note is issued by the City of Fort Collins, Colorado, for the epurpose of providing interim financ-ing, ,-,pending "a change '.in market .cond-i- tions which would permit the issuance of the City's Sales and Use "Tax .Revenue Bonds, for paying the costs of. acquiring and constructing improve- ments to the Fort Collins -. Love Tand Municipal Airport, under .the 'authori:ty of and in full conformity with the Constitution and Laws. of the State of -6- ";Color:ado, :.'particul`arly ,the " provisions Hof 'Title "29, "Art'iele 14, Part °11, :Co,l,or4ad.o .-Revised 'Statutes ,1973, -•the ,Charter °of ,, the.-City, rand pursuant ,,,to Ordinance. No. .1981,, ;;of the City ,duly passed., and-:adopted .:pr'ior,,to:;the .issuance of this Note. Both the principal of this "Note and the interest hereon are payable -solely out of the "Bond Anticipation `Note Principal and Interest Fund 1981" into which the City has agreed to deposit, from the proceeds to be derived jrom' the issuance.'of proposed Sales and Use 'Tax Revenue Bonds of the`City, to be authorized and issued at a. later date, and from municipal sales and ,use taxes imposed and collected by the City, :which may be lawfully avail- 'able, sums which will be sufficient to pay the interest promptly when it :.becomes due and payable and to pay the principal amount at maturity, all as more particularly -set'-forth in the ordinance authorizing the issuance :of this Note. This Note does not constitute a debt of the City of . Fort -.:-Collins .within the .meaning of any constitutional,. .,,statutory or i.charter 'limitation "or -provision, and shall not be considered or held to',be a general obligation of the City. The holder of this Note may not look to ::any general or ;other °f.und =of. the City for the payment ..of the principal .of .,or interest on this Note, except the. special fund referred to above. It .is .hereby certified, recited and warranted that for the payment .of A his ' Note, 'the City of Fort Collins has created and will maintain said special fund and will deposit therein, out of the proceeds from the issu- ance of :proposed Sales and Use Tax Revenue Bonds and from municipal sales -and use taxes imposed and collected by the City, which may be lawfully available, the amounts and revenue specified in said Ordinance, and out .of -7- -said -special -fund, ..and -as .an irrevocable ,charge -thereon, will pay this Note and the '=inaer-est^atiereon, -in' the-manner frproV1ded° by;sa'id�'Ordinance. 'It -is further recited ,and certified that !all -requirements of `slaw%hand ,;conditions _.precedent have been f,ully._compl-ied wi..th -by-the4proper;nofficer�s of the ,City in-.the _issuance of .this Note. IN TESTIMONY WHEREOF, the City of Fort Co-llins,, .Colorado,, has caused ,this :Note to _-•be signed with the facsimile .signature:�_of 'its Mayor, asealed with a facsimile of the seal of the City, attested by the manual signature of the City Clerk, and countersigned with the facsimile signature of the ''Director of 'Finance, .and the ' interest:coupons attached ,.her..eto to ,be signed with the facsimile signature of the Director of Finance, as of the 1st day .-of%October, _1-981. `CITY'OF-•FORT"_COLLINS, •'COLORADO (FACSIMILE By (Facsimile 'Signature) . SEAL) ,Mayor ATTESTED: COUNTERSIGNED: ("Manual `Signature) ('Facsimi:Te"S'igriature) . City Clerk Director of Finance -8- (Form:,Of:;,,Interest;Coupon) :'No.. 'April , `1982 On the 1st day of October, 1982, the City of Fort Collins, Colorado, -in the County of Larimer and State of Colorado, will pay to the bearer .,hereof .,the . amount .,shown .hereon, in . lawful .money ,.of the United „States ,,of "Amer=ica, at The First Interstate Bank of 'Fort .Collins, Colorado,"solely out of the special fund referred to in the Note to which this coupon is at- Ft-ached, but:not -otherwise, ,,being interest ,then .due..on .i.tsq-Bond-Antic'ipation Note, dated October 1, 1981, bearing -No. (Facsimile 'Signature) Director,:of .Finance _9- Section �5.. " Disposition of Note Proceeds. ;The Notes:shall��be :issued 'and ;sold �f.or---the-;'purpose of.;:providingrinter.'im financi:ng;,:pending Aa'change 'in =market -conditions which -would permit the "'issuance Of the "City'`s Sales andr,U;se-Tax Revenue Bonds,, _for,;payi{n,g.the;costs of=acquiring ;and.,construct- ing .improvements to :the FortaCol-I.ins = :Loveland Municipal Airport. Neither the 'initial purchaser of the .Notes nor any subsequent holder thereof shall *-be -res.ponsible for .the •,,appl,ication or -di:sposal .by.5,the ,C.J.ty or .-:any .-of its officers of the funds 'derived from the sale 'thereof. 'The issuance ,of the .Notes by the City shall constitute a warranty by .and on behalf of the City 'for ;the .benefit of the holder of said Notes, that ahe Notes .have .been issued for a valuable consideration in full conformity with law. x.Al_1 ..or .,any -portion ,of ..the proceeds .of .:the 'Notes may wtemporar:i ly ;invested, or reinvested, pending such use, "in .-securities -orY•obligations ..,which are lawful investments for such municipalities in the State of Colorado. .'It -is hereby covenanted-and �'agreed by "the:City that the ,tempo- rary investment or reinvestment of the Note proceeds, or any portion thereof, shall be of .such nature and extent, and for such period, that .the `Notes shall not '`be or ' become an .,"'arbitrage `bona" 4ith'in `'the meaning Hof Section 103(c) of the Internal Revenue Code of 1954, as amended, and «.pertinent regulations, and -,such ,proceeds, if- so . ,i;nvested,,.or -reinvested, shall be subject to the limitations and restrictions of said Section .103(c) , and pertinent regulations :as the ,same now exists. or. may later be :.amended. Section 6 .. Payment of Principal and Interest. There is hereby :established ..a . separ--ate fund . of the : City to :be ,designated as the "Bond -10- •t r�Ant-icipation Note, Principal . and . Interest Fund 1981",, into.,which :the `City .shall- depos-it: (a) All or 'a 'portion =of 'the `proceeds `of 'the proposed ?Sales rand "Use 4Tay.Rev:enue Bonds to be:authorized and ..i_ssued .at;4a 1,aten,,date; ;and .(.b:) :Municipal --sales !and use.�taxes ,:imposed and ,collected by the .City, zwh.ich -are lawfully. available; provided, however, that the City shall first make 'lthe :deposits required -bye'Ordinance:No. ;47, b19801-1-,and;,Ordinance No: V .1981., . relating to the authorization of the bonds dated May 1, 1980 .and -August .1, 1981, respectively. The City covenants and agrees to.maintain +said :Fund so-long as any of the. Notes,-.herein authorized remain •outstand`i.ng and unpaid. `The Fund shall be used solely for the purposes specified in _ . Ath:is. -Section. '�The: holder!of. the Notes :shal.l have a°first:and prior lien on .such fund. "No.�additional notes or obligations Withe,City,'shall be. payable :from such Fund. :;Section 47. v.Additional''Provisions. The .City 'Councia mcovenants ;,and agrees that prior to October 1, 19829 it will consider an ordinance relat- ng to ,the authorization .and issuance of proposed Sales and Use Tax Revenue Bonds "1,n 'the principal amount of �approximatelyx$2,000,000. 'The City covenants .and agrees that the proceeds from the sale thereof will be ;credited .to •the•Bond Anticipation Note Principal and. Interest- Fund;:1981 ;and applied toward the payment and redemption of the outstanding"Notes,,-and" the interest thereon. Section 8. Defeasance. When all?principal and interest in connection with the Notes have been duly paid, the pledge and lien .and all obligations .hereunder . shal1 thereby -be discharged .,and the Notes shall no. longer be ;11- deemed to be-outstanding within the meaning oU this':Ordinance. '"There shall ;beEdeemedxto be such�fduet'payment;rwhen ;.the--;City.Lhasap5, aced 'Amtescrow•-.the -trust with ,,a commercial bank Iocated twithin-;or without'.the State=WX6nlo-. rado, and exercising trust powers, an amount , sufficient ( including .the known minimum yield from Federal Securities in which such amount may be initially invested) to meet all requirements of principal and -interest as the same become due to the final maturity. The Federal Securities shall ,-become -due at or prior to the respective times `on which the proceeds thereof shall be needed, in accordance with a schedule established and -agreed -upon between :the -City and such bank .at the ,_time of the.creation-.of the escrow, or the Federal Securities shall be subject to redemption at the . -option .of the holders thereof .to assure such availability as so needed to „meet such schedule. The .'term 'Federal 'Securities" .within :the 'meaning -,f this section shall include only direct obligations of, or obligations the pr'inci.pal and ;interest of ;which .=are .unconditiona''11.y-:,guar•anteed ..by, the United States of America. Section 9. Severability. That if any one or more sections or parts Hof this '..Ordinance shall be adjudged unef.orceable or*z nval id, 'such -Judgment shall not affect, impair or invalidate the remaining provisions of this ;Ordinance, it being the intention that the various provisions hereof ,are ::severable. Section 10. Repealer. All ordinances or parts thereof in conflict ;;with this Ordinance are hereby repealed. Section 11. Ordinance Irrepe.alable. After the Notes authorized "herein are issued, this Ordinance shall be :and remain irrepealable until -12- ?the Notes ;and !the interest 'thereon -.shall c have 'been fully. paid, :•s.atisfied andc;;diI charged. '1S'ect'i'on 12. "Recording 'and Authentic'ation.: ' This%Ordinance-`as.�adooted 4by _the City Council shall .be numbered and,.recorded in a-book marked "ORDI- NANCE RECORD" and the adoption and publication shall be authenticated by the signatures of the Mayor .and City Clerk, and by the certificate of'the ,pub Ifisher, .respectively. ;Section 13. Effective Date. 'This :Ordinance :sha'll 'take :effect .on.the ;loth day following final passage. _LNTRODUCED ::AND PASSED ZON FIRST 4READING, :This ..1s.t .::day of`:September, `:1981. Mayor (SEAL) 'ATTEST: City Clerk FINALLY ADOPTED AND APPROVED, this th day of :September, 1981 . (S,E A _L) ;;.Mayor ATTEST: City,.Clerk -13-