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HomeMy WebLinkAbout096 - 09/01/2015 - AMENDING ORDINANCE NO. 090, 2010 RELATING TO THE CITY OF FORT COLLINS, COLORADO, DOWNTOWN DEVELOPMEN ORDINANCE NO. 096, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ORDINANCE NO. 090, 2010 RELATING TO THE CITY OF FORT COLLINS, COLORADO, DOWNTOWN DEVELOPMENT AUTHORITY TAXABLE TAX INCREMENT REVENUE BONDS, SERIES 2010A, AND TAX-EXEMPT TAX INCREMENT REVENUE BONDS, SERIES 2010B, TO REDUCE THE RESPECTIVE INTEREST RATES ON SUCH BONDS WHEREAS, the City of Fort Collins, Colorado (the "City") is a home rule municipality and political subdivision of the State of Colorado (the "State") organized and existing under a home rule charter(the "Charter") pursuant to Article XX of the Constitution of the State; and WHEREAS, the City duly established the Fort Collins Downtown Development Authority (the "Authority') pursuant to Ordinance No. 46, 1981, and approved the Plan of Development for the Fort Collins Colorado Downtown Development District pursuant to Resolution 81-129; and WHEREAS, the City duly adopted Ordinance No. 090, 2010 (the "2010 Ordinance") authorizing the issuance of the City's (a) Downtown Development Authority Taxable Tax Increment Revenue Bonds, Series 2010A, dated September 21, 2010, in the original aggregate principal amount of $8,015,000 (the "2010A DDA Taxable Bonds"), and its (b) Downtown Development Authority Tax-Exempt Tax Increment Revenues Bonds, Series 2010B, dated September 21, 2010, in the original aggregate principal amount of$4,485,000 (the "2010B DDA Tax-Exempt Bonds," and together with the 2010A DDA Taxable Bonds, the "2010 DDA Bonds"); and WHEREAS, all of the outstanding 2010 DDA Bonds are owned by Great Western Bank (the "Bank"); and WHEREAS, pursuant to the terms and provisions of the 2010 Ordinance, the interest rate payable on the 2010A DDA Taxable Bonds will be converted to a new interest rate on December 2, 2015 in accordance with a formula set forth in Section 3.D.(3) of the 2010 Ordinance; and WHEREAS, pursuant to the terms and provisions of the 2010 Ordinance, the interest rate on the 2010B DDA Tax-Exempt Bonds will be converted to a new interest rate on December 2, 2015 in accordance with a formula set forth in Section 3.D.(3) of the 2010 Ordinance; and WHEREAS, the City, the Authority and the Bank have determined to revise the formulas for determining the respective interest rates on the 2010 DDA Bonds in order to reduce the respective interest rates on the 2010 DDA Bonds; and WHEREAS, pursuant to Section 11 of the 2010 Ordinance, the City may reduce the interest rates on the 2010 DDA Bonds by amending the 2010 Ordinance only with the prior - 1 - written consent of the owners of one hundred percent (100%) in aggregate principal amount of the outstanding 2010 DDA Bonds; and WHEREAS, the Bank, as the owner of 100% of the outstanding 2010 DDA Bonds, has given its written consent to the amendment of the 2010 Ordinance and the adoption of this Ordinance and has filed its written consent and approval in the office ,of the City Clerk, as required by Section I I.C. and Section I I.D. of the 2010 Ordinance; and WHEREAS, the Authority has adopted a resolution (the "Authority Resolution") requesting that the City Council adopt this amendatory Ordinance in order to reduce the interest rates on the 2010 DDA Bonds; and WHEREAS, the City Council has determined and hereby determines that adopting this amendatory Ordinance is necessary and in the best interest of the City; and WHEREAS, capitalized terms used herein and not otherwise defined shall have the meanings set forth in the 2010 Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO: Section 1. Ratification and Approval of Prior Actions. All action heretofore taken (not inconsistent with the provisions of this Ordinance) by the City Council or the officers, agents or employees of the City Council or the City relating to reducing the respective interest rates on the 2010A DDA Taxable Bonds and the 2010B DDA Tax-Exempt Bonds and the execution and delivery of this Ordinance is hereby ratified, approved and confirmed. Section 2. Finding of Best Interests. The City Council hereby finds and determines, pursuant to the Constitution, the laws of the State and the Charter, that amending the 2010 Ordinance in accordance with the terms and provisions of this Ordinance is necessary, convenient, and in furtherance of the City's purposes and is in the best interests of the inhabitants of the City. Section 3. Amendment of 2010 Ordinance. A. Section 3.D.(3) of the 2010 Ordinance shall be amended and restated in its entirety as follows: (3) Interest Rates. The 2010A DDA Taxable Bonds shall initially bear interest at the per annum interest rate of 6.08% from the date of issuance to December 1, 2015. The 2010B DDA Tax-Exempt Bonds shall initially bear interest at the per annum interest rate of 4.01% from the date of issuance to December 1, 2015. From December 2, 2015 (the "Conversion Date") to their respective Maturity Dates (a) the interest rate on the 2010A DDA Taxable Bonds shall be converted to a new interest rate calculated by the Financial Officer no more than thirty (30) days and no less than fifteen (15) days prior to the Conversion Date as the rate on such calculation date that is 3.5% above the United 2 States 5-year Treasury Rate based on a 365/366-day year, and (b) the interest rate on the 2010B DDA Tax-Exempt Bonds shall be converted to a new interest rate calculated by the Financial Officer no more than thirty (30) days and no less than fifteen (15) days prior to the Conversion Date as the rate on such calculation date that is 0.66 multiplied by the following rate: 4.25% above the United States 5-year Treasury Rate and based on a 365/366-day year. The City will notify the Owners of the Bonds by first-class postage prepaid mail of the new interest rate on the Bonds within ten (10) days of such calculations. The maximum net effective interest rate on the Bonds shall not exceed 10.00% per annum. B. The footnote on the first page of the Form of Bond set forth in Section 3.D.(8) of the 2010 Ordinance shall be conformed to comply with the amendments to Section 3.D.(3) set forth above Section 4. Direction to Act. The Mayor, the City Manager, the Financial Officer, the City Clerk and other appropriate officials and employees of the City are hereby authorized and directed to execute and deliver for and on behalf of the City any and all certificates, documents, instruments and other papers, and to perform all other acts that they deem necessary or appropriate, in order to implement and carry out this Ordinance. Section 5. Ratification of 2010 Ordinance. Except as expressly amended hereby, the 2010 Ordinance shall remain as originally adopted and is hereby ratified, approved and confirmed. Section 6. Severability. If any section, subsection, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, subsection, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance, the intent being that the same are severable. Section 7. Repealer. All orders, resolutions, bylaws, ordinances or regulations of the City, or parts thereof, inconsistent with this Ordinance are hereby repealed to the extent only of such inconsistency. Section 8. Effective Date. As set forth in Article 11, Section 7 of the Charter, this Ordinance shall take effect on the tenth day following its passage. - 3 - Introduced, considered favorably on first reading, and ordered published this 18th day of August, A.D. 2015, and to be presented for final passage on the 1 st day of September, A.D. 2015. Mayor VORT co ATTEST: SEAL : %ok `,y" �G%�ii�K.1� �L ••'COLORP�O City Clerk Passed and adopted on final reading on the 1st day of September, A.D. 2015. Mayor ATTEST: City Clerk , FOoc SEAL, y cO�OP.A00 - 4 -