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HomeMy WebLinkAbout1981 Ordinance No. 059• .,_ • • •• I ORDINANCE NO. 59 SERIES OF 1981 BY AUTHORITY COUNCIL BILL NO. 64 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AUTHORIZING THE ISSUANCE OF USE TAX REVENUE BONDS or THI CITY OF ENGLEWOOD, COLORADO, IN THE TOTAL PRINCIPAL AMOUNT OF $2,215,000, FOR THI PURPOSE or CONSTRUCTING IMPROVEMENTS TO THE MUNICIPAL GOLF COURSE CONSISTING OF A NEW CLUBHOUSE, AND CONSTRUCTING AND INSTALLING IMPROVEMENTS TO THE MUNICIPAL SANITARY SEWER SYSTEMJ PRESCRIBING THE FORM OF SAID BONDS AND INTEREST COUPONS 1 PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS FROM THE REVENUES OF THE MUNICIPAL USE TAX; AND PROVIDING OTHER COVENANTS AND DETAILS IN CONNECTION THEREWITH. 'WHEREAS, the City Council of the City of Englewood has determined that it is necessary to construct improvements to the municipal golf course, to include constructing and equipping a new clubhouse; and WHEREAS, the City Council ha• further determined that it is necessary to construct and install improvements to the munici- pal sanitary sewer system; and WHEREAS, pursuant to House Bill 1419 (Section 29-2-112 C.R.S. 1973, as amended, et. seq.) passed by the Fifty-Third General Assembly of the State of Colorado and effective as of July 1, 1981, a county, city, or town which has enacted a sales or use tax, or both, and has provided for the creation of a special fund for the deposit of all or any part of the revenue from the sales or use tax, or both, for capital improvements, may issue revenue bonds payable solely from the special fund for the purpose of financing capital improvements; and WHEREAS, the City has previously enacted a sales tax of 3% on the purchase price paid or charged upon all retail sales and purchases of tangible per•onal property within the City, and a use tax of 3%, upon the privilege of storing, using or consuming within the boundaries of the City, any articles of tangible personal property purchased at retail from sources • outside the city limits, as defined and limited by Title 13, Chapter 4 of the Municipal Code; and •• • WHEREAS, Section 13-4-35 of the Municipal Code provides that the use tax portion of the municipal sales and use tax enacted by the City shall be deposited into a separate capital improvement account and used solely to fund and ~inance capital improvements of the City; and WHEREAS, the City Council has determined to issue Use Tax Revenue Bonds payable from the special fund designated herein, containing the use tax portion of the sales and use tax imposed and collected by the City; and WHEREAS, the Use Tax Revenue Bonds authorized herein shall consist of two separate series, Series 1981A relating to the golf course project in the principal amount of $465,000, and Series 1981B relating to the sanitary sewer system improvements in the principal amount of $1,750,000; and WHEREAS, the City has not previously authorized or issued bonds or any other obligations pledging the use tax reve- nues of the City; and WHEREAS, each Series shall have a first and prior lien on the use tax revenue and special fund (but not necessarily an exclusive first lien) on a parity with one another; and WHEREAS, Section 29-2-112 C.R.S. 1973, provides that the revenue bonds authorized by said Article 2 may be authorized and issued by an ordinance of the governing body of the City, without any further election; and WHEREAS, pursuant to said Sect ion 29-2-112 ( 9) and the City Charter, the bonds authorized by this ordinance shall not constitute an indebtedness of the City within the meaning of any constitutional, statutory or charter provision or limitation; and WHEREAS, by Resolution passed and adopted on June 15, 1981, the City has authorized and directed the publication of the Notice of Sale of bonds; and -2- WHEREAS, the City r eceived and opened bids for the • purchase of the bonds, and has approved the award of the contract for the sale of the bonds to the beat bidder1 and ·• • WHEREAS, it is necessary to provide for the form of the bonds and interest coupons, the bond details and provision for the payment of said bonds, together with other provisions relating to the authorization and issuance of bondas BE IT ORDAINED BY THI CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Authorization. That for the purpose of constructing improvements to the aunicipal golf course consisting of a new clubhouse, and constructing and inatalling improvements to the municipal sanitary sewer ayatea, there are hereby author- ized Use Tax Revenue Bonds of the City of Inglewood, Series 1981A in the principal amount of $465,000 for the golf course project ("Series 1981A Bonds"), and Serie• 19818 in the principal amount of $1,750,000 for the sanitary sewer ayatem project ("Series 1981B Bonds") and collectively referred to herein as the "bonds". The principal thereof and the interest thereon shall be payable solely and only out of the proceeds of the municipal use tax authorized pursuant to Section 13-4-14 of the Municipal Code of the City, and the special fund or funds described in this Ordinance. Sect ion 2. Bond Details. That each series of bonds shall be dated September 1, 1981, and be in the denomination of $5,000 each, numbered 1 to 93, inclusive, for the Series 1981A Bonds and from 1 to 350, inclusive, for the Series 1981B Bonds, shall be payable to bearer, and bear intereat from date to matur- ity, payable on May 1, 1982, and semiannually thereafter on the 1st day of May and the 1st day of November each year, and mature serially on November 1, as followa: -3- • Series Interest Series Interest Maturity 1981A Rate 19818 Rate 1982 $ 15,000 12.00i $ 65,000 12.00% 1983 30,000 12.00i 120,000 12.00% 1984 35,000 12.00i 130,000 12.00% 1985 40,000 12.00\ 145,000 12.00% 1986 45,000 12.00\ 165,000 12.00% 1987 45,000 10.50\ 180,000 10.50% 1988 55,000 10.25\ 200,000 10.25% 1989 60,000 10.50\ 225,000 10.50% 1990 65,000 10.75\ 245,000 10.75% 1991 75,000 11.00• 275,000 11.00% The net effective interest rate of the Series 1981A Bonds isl0.922355~er annum, and the Series 19818 Bonds is 10.922355% per annum. The bonds of each Series maturing on or before November l, 1986, shall not be redeemable prior to their respective matur- ity dates. Bonds maturing on November 1, 1987, and thereafter, shall be redeemable at the option of the City on November l, 1986, and on any interest payment date thereafter, in inverse numerical .• order, upon payment of par, accrued interest and a premium of li of the principal amount thereof. Notice of prior redemption ahall be given by publication at least one time in a newspaper having general circulation in the City of Englewood, not less than thirty (30) days prior to the date of redemption, and notice ahall also be given by mailing a copy of the notice by certified, first class mail, to the orig- inal purchaser of the bonds, at least thirty (30) days prior to the date of redemption. The principal of and interest on each Series of bonds shall be payable at The First National Bank of Englewood, in Englewood, Colorado. Section 3. Form and Execution of Bonds and Interest Coupons. The bonds shall be signed with the facsimile signature of the Mayor of the City, attested and countersigned by the manual signature of the Director of Finance, ex-officio City Clerk- Treasurer, and sealed with a facsimile of the official seal of the • City, and the interest coupons to be signed with the facsimile -4- signature of the Director of Fi n ance. When issued as aforesaid as • part of said bonds, such interest coupon• shall be the binding obligations of the City according to their import. ·1· • Should any officer whose manual or facsimile signature appears on said bonds or the coupon• attached thereto cease to be such officer before delivery of the bonds to the purchaser, such manual or facsimile signature abal l nevertheless be valid and sufficient for all purposes. The bonds and the intereat coupon• attached thereto shall be in substantially the following form: -s- • .,. • STATE OF COLORADO No. (Form of Bond) UNITED STATES or AMERICA COUNTY OF ARAPAHOE CITY or ENGLBWOOD USE TAX REVENUE BOND, SERIES 1981A 19818 $5,000 The City of Englewood, ~n the County of Arapahoe and State of Colorado, for value received, hereby promises to pay to t'-e bearer hereof, out of the apecial fund• hereinafter desig- nated but not otherwise, the principal aum of FIVE THOUSAND DOLLARS in lawful money of the United Stat•• of America, on the 1st day of November, 19_, with intereat thereon from date to maturity, at the rate of per centum ( t) per annum, payable on May 1, 1982, and ae•iannually thereafter on the 1st day of May and the lat day of Noveaber each year. Both principal and interest are payable at The First National Bank of Englewood, in Englewood, Colorado, upon preaentation and surrender of the attached coupons and thi• Bond as they severally become due. Bonds maturing on or before November 1, 1986, are not redeemable prior to their reapective maturity dates. Bonds maturing on November 1, 1987, and thereafter, shall be redeemable at the option of the City on November 1, 1986, and on any interest payment date thereafter, in inverse numerical order, upon payment of par, accrued interest and a premium of 11 of the principal amount thereof. Notice of prior redemption ahall be given in the time and manner set forth in the Ordinance authorizing the issu- ance of this Bond. This Bond is issued by the City of Inglewood, Colorado, for the purpose of constructing --[For Series 1981A Bonds] -improvements to the municipal golf course consisting of a new clubhouae, --[For Series 1981B Bonds] -and inatalling improvements to the municipal sanitary sewer system, under the authority of and in full conformity with the Constitu- tion and Laws of the State of Colorado, the Charter of the City, -6-- • • • and pursuant to Ordinance No . _, Series of 1981, of the City duly passed and adopted prior to the issuance of this Bond. The Bo nds of this series are issued under the authority of Title 29, Article 2, Section 111, and, in accordance with said Section, such recital shall conclusively impart full compliance with all of the provisions of that Section, and all bonds issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value. --[For Series 1981A Bonds] -Both the principal of and interest on this Bond are payable solely out of the •city of Englewood Use Tax Revenue Bond Fund Series 1981A", or if necessary, from the •city of Englewood Use Tax Revenue Bond Reaerve Fund", all as more particularly set forth in the ordinance authorizing the issuance of this Bond. The Series 1981A Bonda conatitute a first and prior lien on the special funds referred to above (although not an exclusive such lien) on a parity with the lien of the Use ~ax Revenue Bonds Series 1981B, dated September 1, 1981, author- ized by the City concurrently with the authorisation of the Seri•• 1981A Bonds. --[For Series 1981B Bonds] -Both the principal of and intereat on this Bond are payable solely out of the "City of Inglewood U•• Tax Revenue Bond Fund Series 1981 B", or if necessary, fro• th• •city of Englewood Use Tax Revenue Bond Reaerve Pund", all a• 110re particularly set forth in the ordinance authorizing th• issuance of this Bond. The Series 1981B Bonda constitute a first and prior lien on the special funds referred to above (although not an exclusive such lien) on a parity with the lien of the Use Tax Revenue Bonds Series 1981A, dated Septe•ber 1, 1981, author- ized by the City concurrently with the authorization of the Series 1981B Bonds. This Bond does not constitute a debt of the City of Englewood within the meaning of any constitutional, statutory or charter limitation or provision, and shall not be considered or held to be a general obligation of the City. The holder of this Bond may not look to any general or other fund of the City -7- • • • for the payment of the princ ip~l of or interest on this obliga- tion, except the special funds re fe rred to above. It is hereby certified, recited and warranted that for the payment of this Bond, the City has created and will maintain the special funds and will deposit therein, out of t~e revenues of the municipal use tax, the amounts and revenue specified in said Ordinance, and out of said special funda, and as an irrevocable charge thereon, will pay this Bond and the interest thereon, in the manner provided by said Ordinance. It is further recited and certified that all require- ments of law and all conditions precedent have been fully complied with by the proper officers of the City in the issuance of this Bond. IN TESTIMONY WHEREOF, the City of Englewood, .Colorado, has caused this Bond to be signed with the facsimile signature of its Mayor, sealed with a facsimile of the seal of the City, attested and countersigned by the manual signature of the Director of Finance, ex-officio City Clerk-Treasurer, and the interest coupons attached hereto to be signed with the facsimile signature of the Director of Finance, as of the 1st day of September, 1981. (FACSIMILE S E A L ) ATTESTED AND COUNTERSIGNED: (Manual Signature) (Do Not_H~ign) Director of Finance, ex-officio City Clerk-Treasurer -8- CITY OF ENGLEWOOD, COLORADO Bys (Facsimile Signature) (Do No~_S~ig~n~)~. ~~~ Mayor • . 1. • (Form of l n Le reat Coupon) No. $ ___ _ May, On the 1st day of Noveaber, 19_, unless the Bond to which this coupon is attached, if redee•able, has been · called for prior redemption, the City of Inglewood, in the County of Arapahoe and State of Colorado, will pay to the bearer hereof the amount shown hereon, in lawful aoney of the United States of America, at The First National Bank of Inglewood, in Englewood, Colorado, solely out of the special funds referred to in the Bond to which this coupon is attached, but not otherwise, being inter- est then due on its Use Tax Revenue Bond, Series 1981A (Series 19818), dated September 1, 1981, bearing No • . .. 9- (Facsimile Signature) (Do Not S~ig.n~>----......... --- Director of Finance, ex~officio City Clerk-Treasurer . Section 4. Disposi t ion of Bond Proceeds • The bonds ,. shall be issued and sold for the p ur poae of constructing improve- ments to the municipal golf course consisting of a new clubhouse, and for constructing and installing improvements to the municipal sanitary sewer system; n e ither the purchaaer of the bonds nor the subsequent holder of any of them ahall be responsible for the application or disposal by the City or any of its officers of the funds derived from the sale thereof. The issuance of said bonds by the City shall constitute a warranty by and on behalf of the City for .. the benefit of each and every holder of said bonds, that said bonds have been issued for a valuable consideration in full conformity with law. All or any portion of the bond proceeds may be tempor- arily invested, or reinvested, pending such use, in securities or obligations which are lawful investments for such municipalities in the State of Colorado. It is hereby covenanted and agreed by the City that the temporary investment or reinvestment of the bond proceeds, or any portion thereof, shall be of such nature and • extent, and for such period, that the bonds shal 1 not be or become arbitrage bonds within the meaning of Section 103(c) of the Internal Revenue Code of 1954,. as amended, and pertinent regulations, and such proceeds, if so invested 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 S. Three Percent Municipal Use Tax. Section 13-4-14 of the Municipal Code provides for a use tax upon the privilege of storing, using or consuming within the bondaries of the City of Englewood, any articles of tangible personal property purchased at retail from sources outside the corporate limits of the City, as more particularly set forth and ~imited in the Code. section 13-4-35 provides that the uae tax portion of the municipal sales and use tax shall be deposited to a separate capital im- provement account and used for capital improvement purposes. The use taxes collected and deposited to the capital improvement • account shall be placed in a sub-account within the capital -10- •• • • improveme n t account, and kept :.:.1;:.,?a.r ate and apart from other funds of the Ci ty and shall be identifiab le at all times. S ection 6 . Pa y ment of Principal and Interest. The use t ax e s impo sed and coll ~cted by the City and deposited to the cap i ta l improvement account and sub-account (the "pledged reve- nu es ") shall be used only in the following manner and order: A. Bond Funds. There is hereby established the •city of Englewood Use Tax Revenue Bond Fund Series 1981A• (the "1981A Bond Fund") and the •city of Englewood U•e Tax Revenue Bond Fund Ser i es 1981B• (the •19e1B Bond Fund•)1 the City covenants to deposit, from the pledged revenue• concurrently into each fund, the following amounts: (i) Monthly, beginning on or before December 1, 1981, and on or before the l•t day of each month there- after, one-twelfth (1/12) of the principal amount becoming due on the next principal payment date. (ii) Monthly, beginning on or before December 1, 1981, and on or before the l•t day of each month there- after, one sixth (1/6) of the interest amount due and payable on the next interest payment date. (iii) If additional bonds are authorized and issued at a later date, which are payable from the pledged revenues, and which have a lien on such revenues a nd the 1981A Bond Fund and 1981B Bond Fund on a parity with the lien of the Series 1981A Bonds and Series 1981B Bonds, then payments may be made to the Bond and Interest Fund for such addi- tional parity lien bonds concurrently with the payments for the bonds authorized by this ordi- nance. B. Bond Reserve Fund. The City shall deposit, from the p l edged revenues, the amounts required to be deposited to the Reserve Fund, as more particularly described in the following -11- •• Section. Payments shall be m ~de annually to the Reserve Fund in the amount of $30, 000, on or before December 1, in each of the years 1982 to 1986, inclusive, until the required total amount has been deposited therein. If additional parity 1 ien bonds are authorized and issued, then deposits may be made to a reserve fund as additional security for such bonds, concurrently with the payments to the reserve fund for the Series 1981A Bonda and Series 1981 B Bonds. (C) Other Purposes. After making the payments required by subparagraph• (A) and (B) above, any remaining pledged revenues from the municipal use tax shall be used for the payment of the principal of and interest on any additional use tax revenue bonds having a lien which is subordinate to the lien of the Series 1981A Bonds and Series 1981B Bonds, and for a reserve fund as additional security for the payment of such subordinate lien bonds, or for the payment of any capital improvements of the City, as the City Council may from time to time determine. In the event that any other funds of the City may be • lawfully available for the payment of principal and interest, the • City may apply such funds for said purpose. Sect ion 7. Reserve Fund. There is hereby created the "City of Englewood Use Tax Revenue Bond Reserve Fund", (the "Reserve Fund"), for the purpose, if necessary, of paying the principal of and interest on each series of bonds authorized by this ordinance. The Reserve Fund shall be a common fund for both Series of bonds, and shall be established as follows: (a) The Reserve Fund shall be established in the total amount of $300,000, by the deposit of one-half of such amount from the proceeds of the bonds at the time of the issuance and delivery of the bonds1 $110,000 shall be deposited from the proceeds of the Series 1981A Bonds and $40,000 from the Series 19818 Bonds. The remaining one-half of the Reserve Fund shall be accumulated by the deposit annually of $30,000 on or before the 1st day of December in each of the years 1982 to 1986, inclusive, until the required amount has been accumulated. The Reserve Fund shall be maintained in the required total amount until such time -:-12- • as the amount will be sufficient to pay all of the bonds which are then outstanding, and the interest thereon, at which time such ~onies may be applied to redeem and pay the out•tanding bonds or to pay the same at their normal maturity date. If money in the Reserve Fund is used to prevent a default in the payment of the principal of or interest on the bonds, then such amounts shall be restored to the Reserve Fund as soon thereafter as possible. Monies held in the Reserve Pund may be invested or deposited as may be directed by the City Council and in accordance with the Charter of the City and the laws of the State of Colorado relating to the deposit or investment of such fund and monies. The investment of the Reserve Fund amount shall, however, be subject to the covenants and provisions of Section 4 hereof. The amount of the earnings from such inveatment or deposits may be applied toward the next payment required to be made to the Reserve Fund. Section 8. Covenants of the City. The City hereby irrevocably covenants and agrees with each and every holder of the 1. bonds, that so long as any of said bonds remain outstanding: (a) It will not amend or repeal Title 13, Chapter 4 of the Municipal Code relating to the municipal sales and use tax by decreasing the use tax rate of 3t, or in any way that would adversely affect the amount of use tax revenues which would otherwise be collected. However, nothing shall prevent the City from amending or repealing Title 13, Chapter 4 in order to make certain changes in the administration, collection or enforcement of such use taxes, provided that such changes are advantageous to the City and would not adversely affect the bondholders. ( b) It wi 11 administer, enforce and collect, or cause to be administered, enforced and collected, the use tax authorized by Title 13 of the Municipal Code, and •ball take such necessary action to collect delinquent payment• a• ahall be authorized by Title 13, and in accordance with law. (c) It will keep such books and records showing the proceeds of the three per cent municipal uae tax, in which com- • plete entries shall be made in accordance with •tandard principles -13- • •• • of accounting, and any owner o r holder of any of the bonds shall have the right at all reasonable times to inspect the record s and accounts relating to the collection and receipts of such use tax. It will, at least once each year, cause an audit of the records relating to t he collection and receipts of the use tax revenues, and upon r equest , make available the report of the auditor or accountant, to any holder of such bonds, and shall mail a copy of the report to the original purchaser of the bonds. such audit may be made part of and included within the general audit of the City, and made at the same time as the general audit. ( d) That in the e vent the use taxes of the City are replaced and superceded by a State collected-locally shared use tax or taxes, or are re p l aced and auperceded in some other manner from some other source or so urces, the revenues derived by the City from said replacement s o urce or source s, as received by the City shall be appropriated in the same manner as if the City had levied and imposed a municipal use tax, and in accordance with Title 13 of th e Code. From and after the date of said replace- ment, the bonds herein authorized, and any then outstanding parity lien bonds, shall have a first and prior lien, but not necessarily an exclusive such lien, upon such replacement revenues to the extent therein specified. Section 9. Additional Bonda. No additional bonds shall be issued payable from the pledged revenues and having a lien upon such revenues which is prior or superior to the lien of the bonds authorized herein. However, nothing in t his Ordinance shall be construed in such manner as to prevent the issuance by the City of additional bonds payable from the p ledge d revenues and constituting a lien upon said revenues equal t o or on a parity with the lien of the bonds authorized herei n , provided the City is current in the payment of principal an d interest and the accumulation of the Reserve Fund s for the Series l981A Bonds and the Series 1981B Bonds, and the pledged revenues collected or received by the City -14- • •• • • in the l a st preceding fiscal y .~r is sufficient to cover 1.35 times t he a v erage annual principa l and interest requirement s on the outstanding Series 1981A Bonds and the Series 1981B Bonds, and the proposed parity lien bonds: in addition, the estimated pledged revenues to be collected or received in the fiscal year in which the proposed parity lien bonds will be issued, shall be at least equal to 1.50 times the average annual principal and interest requirements of the Series 1981A Bonds and the Series 1981B Bonds and the proposed parity lien bonds. The projected pledged reve- nues shall be determined by an independent certified public accountant, as designated by the City • In the event that the percentage of the municipal use tax has been increased during the preceding or current fiscal year, then the pledged revenues can be determined by applying the new percentage to the amount of use taxes actually collected during such prior fiscal year, for the purpose of determinig compliance with the prior year coverage requirement. Nothing herein shall prevent the City from issuing bonds payable from the pledged revenues and having a lien thereon which is ~nior and subordinate to the lien of the bonds authorized herein. Section 10. Defeasance. When all principal, interest and prior redemption premiums, if any, in connection with the bonds hereby authorized have been duly paid, the pledge and lien and all obligations hereunder shall thereby be discharged and the bonds shall no longer be deemed to be outstanding within the meaning of this ordinance. There shall be deemed to be such due payment when the City has placed in escrow and in trust with a commercial bank located within or without the State of Colorado, and exercising trust powers, an amount sufficient (including the known minimum yield from Federal Securities in which such amount may be init ially invested) to meet all requirements of principal, interest and prior redemption premium, if any, as the same become due to their final maturities or upon designated prior redemption dates. The Federal Securities shall become due at or prior to the respective times on which the proceeds thereof shall be needed, in -·15- • • ·• • - accordanc e with a schedule esta b lished 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 of this section shall include only direct obligations of, or obligations the principal and interest of which are unconditionally guaranteed by, the United States of America. Section 11. Severability. That if any one or more sections or parts of this Ordinance shall be adjudged unenforce- able or invalid, such judgment shall not affect, impair or inval- idate the remaining provisions of this Ordinance, it being the intention that the various provisions hereof are severable. Section 12. Repealer. All ordinances or parts thereof in conflict with this Ordinance are hereby repealed. Section 13. Ordinance Irrepealable. After the bonds are issued, this Ordinance shall be and remain irrepealable until said bonds and the interest thereon shall have been fully paid, satisfied and disch~rged. Section 14. Hearing. In accordance with Section 40 of the City Charter, the City Council shall hold a public hearing on this Ordinance, before final passage, at 7:30 P.H. on Monday, August 3, 1981. Section 15. Publication and Effective Date. This Ordinance after its final passage, shall be numbered and recorded, and the adoption and publication shall be authenticated by the signature of the Mayor and the Director of Finance, ex-officio City Clerk-Treasurer, and by the Certificate of Publication. This ordinance shall become effective thirty (JO) days after publication following final passage. Introduced, read in full, and paaaed on first reading on the 20th day of July, 1981 • -16- . \1 ,. •• • • • • • Published as a Bill for an Ordinance on the 22nd day of July, 1981. Read by title and passed on final reading on the 3rd day of Au g ust, 1981. Published by title as Ordinance No. 59 , Series of 1981, on the 5th day of August, 1981. ~~ ~.~Lt:~' lff&~_""_ Euqen~. -0-tis, Mayor Attest: ~~!~ e~cTo-fy .crea&Urer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. 59 , Series of 1981. (dG~!~ -17-