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HomeMy WebLinkAbout1984-159-10/02/1984-SETTING FORTH THE INTENTION OF THE CITYTO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR OPERA HOUSE RESOLUTION 84- 159 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH THE INTENTION OF THE CITY OF FORT COLLINS , COLORADO TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR OPERA HOUSE BLOCK BUILDING PARTNERSHIP WHEREAS, representatives of Opera House Block Building Partnership ( the Partnership" ) have met with officials of the City of Fort Collins, Colorado (the "City" ) , and have advised the City of the interest of the Partnership in acquiring, renovating , and constructing a historic building in the downtown business district of the City, subject to the willingness of the City to finance the project ( the "Project" ) as an industrial development revenue bond project , pursuant to the Colorado County and Municipality Development Revenue Bond Act constituting Article 3, Title 29, Colorado Revised Statutes, 1973, as amended ( the "Act" ) ; and WHEREAS, the Partnership has represented to the City that the Project will qualify as a project within the meaning of the Act; and WHEREAS, the Project consists of the acquisition, renovation , and construction of a historic commercial building which will be used by businesses and offices creating additional jobs within the downtown business district of the City; and WHEREAS, the City Council has considered the proposal and has concluded that the economic benefits to be derived therefrom by the City will be substantial; and WHEREAS, the City Council has determined the Project to be consistent with the goals and objectives of the City; and WHEREAS, the City Council desires to indicate its intent to proceed with financing the Project through the issuance of such revenue bonds . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO: Section 1 . In order to induce the Partnership to locate and construct the Project within the City, the City shall , subject to the provisions hereof, take all necessary and advisable steps to effect the issuance of industrial development revenue bonds (the "Bonds" ) pursuant to the Act in the maximum aggregate principal amount of Two Million Six Hundred Fifty Thousand Dollars ( $2, 650,000.00 ) or such lesser amount as shall be determined and agreed upon by the Partnership and the City to finance the Project . The Bonds will not be general obligations of the City. Neither shall the Bonds , including interest thereon , constitute the debt or indebtedness of the City within the meaning of any limitation of the Constitution or statutes of the State of Colorado or the Home Rule Charter of the City, nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers . The Bonds shall be payable solely from and secured by a pledge of revenues derived from and payable by the Partnership pursuant to financing agreements with the City. Section 2. No costs or expenses, whether incurred by the City or any other party in connection with the issuance of the Bonds or the preparation of any documents by any legal or financial consultants retained in connection therewith, shall be borne by the City. All such costs or expenses shall be paid from the proceeds of the Bonds or otherwise borne by the Partnership. In addition to the costs and expenses to be borne by the Partner- ship as described in the preceding sentences, if the Project is approved by the City and the Bonds are issued , the Partnership shall pay to the City a fee of 1/16 of 1% of the unpaid principal amount of the Bonds at the end of each bond year. Section 3. Prior to any execution of a financing agreement, mortgage , indenture or trust, bond purchase agreement or any other necessary documents and agreements in connection with such Bonds, such documents and/or agreements shall be submitted for approval to the City, and , if satisfactory to the City, their execution shall be authorized by ordinance of the City Council pursuant to law. Section 4. Prior to any further action by the City Council , the Partnership shall provide the City with the opinion of a recognized Bond Counsel supporting the legality of the financing of the Project and the utilization of loan proceeds for said Project. -2- Section 5. Nothing contained in this resolution shall constitute the debt or indebtedness of the City within the meaning of any limitation of the Constitution or statutes of the State of Colorado or the Home Rule Charter of the City, nor give rise to a pecuniary liablity of the City or a charge against its general credit or taxing powers. Section 6. All commitments of the City contained herein are subject to the condition that within twelve ( 12 ) months of the date hereof, unless otherwise extended by agreement between the City and the Partnership the Bonds to be issued pursuant hereto shall be issued and sold. In the event that said Bonds to be issued pursuant hereto are not issued within twelve ( 12 ) months, the City of Fort Collins shall be under no obligation to perform any of the terms and conditions contained herein. Section 7. All ordinances, orders, bylaws, and resolutions, or parts thereof , in conflict with this resolution are hereby repealed to the extent of such conflict. This repealer shall not be construed to revive any order, ordinance, bylaw, or resolution, or part thereof, heretofore repealed. Section 8. If any section , paragraph, clause, or provision of this resolution with the exception of any section, paragraph, clause, or provision limiting the City' s financial obligation shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any of the remaining provisions of this resolution. Section 9. This resolution shall take effect immediately upon its introduction and passage. Passed and adopted at a regular meeting of the City Council held this2nd day of October, 1984. � Z TzaA.;4� Assistant 7 r ATTEST: City Cle -3-