HomeMy WebLinkAbout1983-031-02/01/1983-A RESOLUTION PROVIDING FOR THE ISSUANCE OF CITY OF FORT COLLINS, COLORADO, POLLUTION CONTROL AND SEW CERTIFIED RECORD
OF
PROCEEDINGS OF THE COUNCIL OF
THE CITY OF FORT COLLINS, COLORADO
RELATING TO A RESOLUTION
PROVIDING FOR THE ISSUANCE OF ITS
POLLUTION CONTROL AND
SEWAGE AND SOLID WASTE DISPOSAL REVENUE BONDS
(ANHEUSER-BUSCH, INCORPORATED PROJECT)
SERIES 1983
STATE OF COLORADO )
)
COUNTY OF LARIMER ) ss
CITY OF FORT COLLINS )
The Council of the City of Fort Collins, Colorado, held a
regular meeting at Council Chambers, City Hall , 300 LaPorte
Avenue, Fort Collins , Colorado , on Tuesday, the lst day of
February, 1983 , at the hour of 5 30 p m
The following persons were present
Council Members Gary Cassell, Mayor
John Knezovich, Assistant Mayor
E John Clarke
William Elliott
Gerald Horak
Norman Miller
Elery Wilmarth
City Manager John Arnold
City Clerk Wanda Kra3icek
The following persons were absent
None
Council Member Knezovich introduced the
following Resolution, which was read by title, copies of the
full Resolution having been available in the office of the City
Clerk at least forty-eight (48) hours prior to the time said
Resolution was introduced for each Council Member and for
inspection and copying by the general public
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RESOLUTION 83- 31
A RESOLUTION PROVIDING FOR THE ISSUANCE OF CITY
OF FORT COLLINS, COLORADO, POLLUTION CONTROL
AND SEWAGE AND SOLID WASTE DISPOSAL REVENUE
BONDS (ANHEUSER-BUSCH, INCORPORATED PROJECT) ,
SERIES 1983 , FOR THE PURPOSE OF AMELIORATING
AND CONTROLLING POLLUTION AND PROVIDING MORE
ADEQUATE FACILITIES FOR DISPOSING OF SEWAGE AND
SOLID WASTE AND AUTHORIZING THE PREPARATION OF
DOCUMENTS AND INSTRUMENTS RELATING THERETO
WHEREAS, the City of Fort Collins, Colorado (the
Municipality) , acting through its Council (the Council) , is
authorized by the provisions of part 1 of article 3 of title 29 ,
Colorado Revised Statues 1973 , as amended (the Act) , to finance,
refinance , acquire , own, lease , improve , and dispose of
properties to the end that pollution may be ameliorated and
controlled and that more adequate facilities for disposing of
sewage and solid waste may be provided, and the Municipality is
further authorized thereby to issue revenue bonds for the
purpose of defraying the costs of financing, refinancing ,
acquiring , improving , and equipping such facilities, and
WHEREAS, Anheuser-Busch, Incorporated, a Missouri
corporation (the Company) , proposes to acquire, construct, and
install a pollution control and sewage and solid waste disposal
facility (the Project) , located within , or within eight miles
from the nearest point of the corporate limits of, the
Municipality, in connection with its manufacturing and
industrial enterprise in the Municipality, and
WHEREAS , the Company has represented to the Municipality
that the Project will be designed to qualify as a "project"
within the meaning of the Act, and
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WHEREAS, the Company has requested the Municipality to issue
and sell its revenue bonds (the Bonds) pursuant to the
provisions of the Act for the purpose of financing the Project,
and
WHEREAS, the Municipality considers that the financing of
the Project will ameliorate and control pollution , will provide
more adequate facilities for disposing of sewage and solid
waste , and will promote the public health, welfare and safety of
the Municipality and its citizens, and
WHEREAS, prior to the issuance of the Bonds the Municipality
will consicer and approve by ordinance the final details of the
Bonds and will authorize and approve, subject to the conditions
of this Resolution, all acts and the execution of all documents
and instruments necessary or desirable in connection with the
issuance thereof
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS,
COLORADO, THAT
Section 1 The Council hereby finds , intends , and declares
that this Resolution shall constitute its official binding
commitment to issue the Bonds, subject to the terms hereof and
thereof, and that the adoption of this Resolution is and
constitutes the taking of affirmative official action by the
Municipality, acting by and through the Council, toward the
issuance of the Bords
Section 2 In order to insure the completion of the Project
and the public benefit which is expected from the operation
thereof, the Municipality, subject to the terms and conditions
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of the Memorandum of Agreement between the Municipality and the
Company attached hereto as Exhibit A (the Memorandum of
Agreement) and by this reference made a part hereof , will issue
the Bonds pursuant to the provisions of the Act in an aggregate
principal amount necessary to pay the cost of financing the
Project, together with the costs incident to the authorization,
issuance , and sale of the Bonds , which Bonds will not exceed in
aggregate principal amount the sum of $60 ,000 ,000
Section 3 The Bonds shall bear such interest rate or
rates , be in such denominations, bear such date or dates , mature
or become payable on such date or dates , be in such form, carry
such registration privileges, be executed in such manner , be
payable at such place , and be subject to such terms of
redemption or prepayment consistent with the Act as shall be
authorized and approved by ordinance of the Council adopted
prior to the issuance of the Bonds
Section 4 Any mortgage, trust indenture , deed of trust ,
lease, sublease, installment purchase agreement, loan agreement,
security agreement, rental agreement, option to purchase , or
other agreement or security device , or any combination thereof,
entered into in connection with the financing of the Project
(the Financing Agreements) , and any other documents relating to
the Project and the Bonds shall also be authorized and approved
prior to the issuance of the Bonds
Section 5 The proceeds of the Bonds will be used to
finance the Project The major components of the Project are
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described in a schedule attached hereto as Exhibit B and by this
reference made a part hereof
Section 6 The Municipality will enter into mutually
agreeable Financing Agreements with the Company with respect to
the Project as more fully described in the Memorandum of
Agreement
Section 7 The form of the Memorandum of Agreement is
hereby approved , and the Mayor and the City Clerk are hereby
authorized and directed to execute the Memorandum of Agreement
on behalf of the Municipality
Section 8 The entire cost of financing the Project will be
paid from the proceeds of the sale of the Bonds or from other
Company funds None of the Bonds will be general obligations of
the Municipality Neither shall any of the Bonds , including
interest thereon, constitute a debt or indebtedness of the
Municipality within the meaning of any provision or limitation
of the Constitution or statutes of the State of Colorado or the
Charter of the City or give rise to a pecuniary liability of the
Municipality or a charge against its general credit or taxing
powers. The Bonds shall be payable solely from and secured by a
pledge of the revenues derived from and payable pursuant to the
Financing Agreements.
Section 9 Nothing contained in this Resolution or the
Memorandum of Agreement shall constitute a debt or indebtedness
of the Municipality within the meaning of the Constitution or
statutes of the State of Colorado or the Charter of the City or
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give rise to a pecuniary liability of the Municipality or a
charge against its general credit or taxing powers
INTRODUCED, READ, PASSED AND ADOPTED this 1st day of
February, 1983
CITY OF FORT COLLINS, COLORADO
(CITY) Mayor
(SEAL)
ATTEST
City Clerk CS
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Exhibit A
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement is between the City of Fort
Collins , Colorado (the Municipality) , a Colorado municipal
corporation, and Anheuser-Busch, Incorporated, a Missouri
corporation (the Company)
1 Preliminary Statement Among the matters of mutual
inducement which have resulted in the execution of this
Memorandum of Agreement are the following
(a) The Municipality is authorized and empowered by
part 1 of article 3 of title 29 , Colorado Revised Statutes
1973 , as amended (the Act) , to finance , refinance , acquire ,
own, lease , improve, and dispose of properties to the end
that pollution may be ameliorated and controlled and that
more adequate facilities for disposing of sewage and solid
waste may be provided, to issue revenue bonds for the
purpose of defraying the costs of financing, refinancing ,
acquiring , improving , and equipping such facilities , and to
enter into agreements with respect to the financing of such
facilities upon such terms and conditions as the Council
(the Council) of the Municipality deems advisable
(b) In order to provide such facilities , the Company
proposes to acquire, construct, and install a pollution
control and sewage and solid waste disposal facility (the
Project) , located within, or within eight miles from
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the nearest point of the corporate limits of , the
Municipality, in connection with its manufacturing and
industrial enterprise in the Municipality
(c) The Municipality has indicated its willingness to
proceed with the issuance of revenue bonds (the Bonds) as
provided by the Act to finance the Project and has advised
the Company that, subject to due compliance with all
requirements of law and the obtaining of all necessary
consents and approvals and to the happening of all acts,
conditions, and things required precedent to such financing,
the Municipality will issue the Bonds pursuant to the Act in
an aggregate principal amount sufficient to pay the cost of
financing the Project, together with the costs and expenses
incident to the authorization, issuance, and sale of the
Bonds , which Bonds will not exceed in aggregate principal
amount the sum of $60 ,000 ,000
(d) The Municipality considers that the financing of
the Project and the entering into of agreements relating to
the Project, such as a mortgage , trust indenture , deed of
trust, lease, sublease, installment purchase agreement, loan
agreement, security agreement , rental agreement , option to
purchase or other necessary documents (the Financing
Agreements) with the Company with respect to the Project
will ameliorate and control pollution, will provide more
adequate facilities for disposing of sewage and solid waste ,
and will promote the public health, welfare and safety of
the Municipality and its citizens
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2 Undertakings by the Municipality Subject to the
foregoing Paragraph 1, the Municipality agrees as follows
(a) It will issue or cause to be authorized the
issuance of the Bonds pursuant to the terms of the Act in an
aggregate principal amount sufficient to pay the cost of
financing the Project, together with the costs incident to
the authorization , issuance , and sale of the Bonds , which
Bonds will not exceed in aggregate principal amount the sum
of $60 ,000 ,000
(b) It will adopt or cause to be adopted such
proceeaings and authorize the execution and delivery of such
documents as reasonably may be necessary or advisaole for
the authorization, issuance and sale of the Bonds , the
financing of the Project, and the execution of the Financing
Agreements with the Company and other documents relating to
the Project and the Bonds as shall be authorized by the Act
or other law and mutually satisfactory to the Municipality
and the Company
(c) The aggregate sums to be paid by the Company under
the Financing Agreements shall be required to be sufficient
to pay the principal of, interest on, and any premiums due
in connection with the redemption or prepayment of the Bonds
as and wnen the same shall become due
(d) It will take or cause to be taken such other acts
and aaopt such further proceedings as reasonably may be
required to implement the aforesaid undertakings
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(e) The Bonds shall provide that they shall be payable
solely from and secured oy a pledge of the revenues derived
from and payable pursuant to the Financing Agreements , that
thev shall never constitute a debt or indebtedness of the
Municipality within the meaning of any provision or
limitation of the Constitution or statutes of the State of
Colorado or the Charter of the City and that they shall not
give rise to a pecuniary liability of the Municipality nor a
charge against its general credit or taxing powers
(f) In authorizing the issuance of the Bonds pursuant
to this Memorandum of Agreement , the Municipality will make
no warranty, either expressed or implied, that the proceeds
of the Bonds will be sufficient to pay all costs of the
Project
3 Undertakinas on the Part of the ComDanv Subject to
the foregoing Paragraph 1 , the Company agrees as follows
(a) The Company will acquire, construct, and install
the Project
(b) Prior to the delivery of the Bonds the Company
will enter into the Financing Agreements with the
Municipality under the terms of which the Company will
obligate itself to pay to the Muncipality , whether from the
proceeds of the Bonds or otherwise, sums sufficient in the
aggregate to Day or reimburse the Municipality for all
expenses incurred by it in connection with the
authorization , issuance , and sale of the Bonds and the
payment of the principal of, interest on, and any premium
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due in connection with the redemption or prepayment of the
Bonds as ana when the same shall become due and payable, all
fees and expenses of any trustee for the benefit of the
holders of the Bonds incurred under any trust indenture, all
utility charges , taxes , assessments , casualty , and liability
insurance premiums, any other expenses or charges relating
to the ownership, use , operation , maintenance , occupancy and
upkeep of the Project, and the Municipality 's industrial
development revenue bond fee The Financing Agreements
shall contain such other provisions as may be required by
law and sucn other provisions as shall be mutually
acceptable to the Municipality and the Company
(c) It sill take such further action and adopt such
further proceedings as may be required to implement the
aforesaid undertakings
4 General Provisions
(a) All commitments of the Municipality under
Paragraph 2 hereof and of the Company under Paragraph 3
hereof are subject to the condition that on or before three
years from the date of this Memorandum of Agreement (or such
other date as shall be mutually satisfactory to the
Municipality and the Company) the Municipality and the
Company shall have agreed to mutually acceptable terms for
the Bonds and the issuance, sale, and delivery thereof, and
mutually acceptable terms and conditions of any Financing
Agreements and other documents referred to in Paragraph 3
and the proceedings referred to in Paragraphs 2 and 3 hereof
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(b) Prior to the issuance of the Bonds , there shall be
a reasonable showing to the Municipality that the Company is
capable of carrying out its financial obligations under the
Financing Agreements.
(c) If the events set forth in subparagraph (a) of
this Paragraph 4 do not take place within the time set forth
or any extension thereof and the Bonds are not issued and
sold within such time , the Company agrees that it will
reimburse the Municipality for all reasonable and necessary
direct out-of-pocket expenses which the Municipality may
incur arising from the execution of this Memorandum of
Agreement and the performance of the Municipality 's
obligations hereunder , and this Memorandum of Agreement
shall thereupon terminate
IN WITNESS WHEREOF, the parties have entered into this
Memorandum of Agreement by their duly authorized officials or
officers this day of Feoruary, 1983
CITY OF FORT COLLINS, COLORADO
(CITY) By
(SEAL) Mayor
ATTEST
City Clerk
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ANHEUSER-BUSCH, INCORPORATED
a Missouri corporation
By
(COMPANY)
( SEAL ) Title
ATTEST
Title
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Exhibit B
The major components of the proposed Project are presently
contemplatea to be as follows
Pollution Control Facilities
Fabric Filters on Coal Handling System
Cyclones and Fabric Filters on Ash Handling System
Fabric Filters or Electrostatic Precipitators on Two
Coal-Fired Boilers
Ash Disposal Facilities
Alcohol Distillation System
Storm Water Runoff Collection System
Sanitary and Process Wastewater Collection System
Wastewater Monitoring Instrumentation
Sewage and Solid Waste Disposal Facilities -
Transmission Lines
Pretreatment Facility
Screening
Neutralization
Trickling Filters
Clarifiers
Sludge Handling Equipment and Disposal Facilities
Wastewater Treatment Plant
Sludge Handling Equipment
Land Application
Transmission Lines
Screening
Neutralization
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1,400 Acres of Land
Wastewater Storage Facilities
Irrigation System
The cost of financing the Project is presently estimated to
be $60,000,000
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Council Member Knezovich moved that the foregoing
Resolution heretofore introduced and read by title be passed and
adopted. Council Member Horak seconded the motion
The question being upon the passage and adoption of the
Resolution , the roll was called with the following results
Council Members voting "AYE" Gary Cassell
John Knezovich
E John Clarke
William Elliott
Gerald Horak
Norman Miller
Elery Wilmarth
Council Members voting "NAY" None
The Mayor thereupon declared that , a majority of the Council
Members present having voted in favor thereof, the motion was
carried and the Resolution was duly passed and adopted
After consideration of other business to come before the
Council , the meeting was adjourned
Mayor
(CITY) City of Fort Collins, Colorado
(SEAL)
ATTEST
A.. ne k
City Clerk k1.1 -
City of Fort Collins , Colorado
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STNTE OF COLORADO )
COUNTY OF LARIMER ) ss
CITY OF FORT COLLINS )
I , Wanda M Kra3icek , City Clerk of the City of Fort
Collins, Colorado , do hereby certify that the attached copy of
Resolution 1983- 31 is a true and correct copy, that said
Resolution was introduced, read, passed and adopted by the
Council of the City of Fort Collins, Colorado, at a regular
meeting thereof , held at Council Chambers, City Hall ,
300 LaPorte Avenue, Fort Collins, Colorado , the regular meeting
place thereof , on Tuesday, the 1st day of February, 1983, and
that a true copy of said Resolution has been authenticated by
the signatures of the Mayor of said City and myself as City
Clerk thereof, sealed with the seal of the City, and numbered,
recorded, and kept in my office I further certify that the
foregoing pages 1 through 16 , inclusive, constitute a true and
correct copy of the record of the proceedings of said Council at
its aforesaid meeting, insofar as said proceedings relate to
said Resolution, that said proceedings were duly had and taken,
that the meeting was duly held, and that the persons were
present at said meeting as therein shown
IN WITNESS WHEREOF, I have hereunto set my hand and the seal
of the City of Fort Collins, Colorado , this 1st day of February,
1983
(CITY) City Clerk
(SEAL) City of Fort Collins, Colorado
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