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HomeMy WebLinkAbout1983 Resolution No. 039RESOLUTION NO.Jg SERIES OF 1983 A RE SOLUTION PROVIDING FOP. THE NOTICE OP SALE OF GENERAL OBL!- GATION BONDS, SERIES 1983, IN THE PRINCIPAL AMOUNT OF $4,600,000. WH EREI\S, the City Council of the City o f Englewood, Colorado, has determined that it is necess~ry to acquire land and construct and equip a community center and rel a ted app u r - te nances for the Cit y and its inhabitants, a nd to iss u e its q <i neral obligation bonds for such purpose; and WHEREAS, pursuant to the City Charter, at a special municipal election held on Hay 17, 1983, a major ity of the registered qua l ified e le~tors of the City voting thereon approv ed the issua nc e o f general obligation bond s for s uc h purpose; and WHEREAS , in accordance with the p rov is ions of the City Cha r ter , i t i s ne ces sa r y to a d v er tise for the sale of said bonds; BE IT RES OLVED r.:Vil 1"·,f• .r., CO LO RADO: I , That not i c e !\'i u1 t he princ i pa l BY THE of s a l e umount of the CI TY COUNC I[, OF 1'M E CITY OF o f Ge ne rnl Ob l i g nt i on Oonds o f of $4,600 ,0 00 s hall b e L) iv<'n lly Eng le wo od s e ntine l, a newspaper p ub li s hed and of ge n e r al dated August 4 , 1983 ; circ ulation in the Ci ty, in th e edition 2 . The fo r m of the notic e of sal e to be published shall be substanti al ly as follows: NOTICE OF SALE . OP GENERAL OBLIGATION BONDS, SERIES 1983 IN THE AMOUNT OP $4,600,000 of the . CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO BID OPENING: MONDAY, Auguat 15, 1983, 2,00 P.M., H.D.T. The City Council of the City of Englewood, Colorado, wi :l receive sealed bids at the office of the Direct~r of Financ e , City of Englewood, Municipal Building, 3400 South Elati Street, Englewood, Colorado 80110, until 2:00 P.H., M.D.T., on Monday, August 15, 1983, f or the purchas e of General Obligation Bonds, Series 1983, of the City, d ated October 1, 198 3 , in th e pri ncipal amount of $4,600,000, Copies of the Official Statement and bid forms ma y be obtained from Hr, Gary R, Higbee, Director of Finance, or from Hanifen, Imhoff Inc,, Suite 1800, 1125 17th Street, Den ver, Colorado 80202, the financial consultant to the City. Dated at Englewood, Colorado, as of the 1st day of August, 1983, ( S E A L ) , 1.:S'I EU: /s/ Ga r y R. Higbee Director of Finance City of Englewood , Colorado Publish in: Englewood Sentinel Publish on: August 4, 1983 /s/ Eugene L. Otis Mayor City of Engl ewoo d , Colorado l. 2. The form of .t st official notice of sale shall. be substantially as follows1 I NOTICE OF SALE OF GENERAL OBLIGATION BONDS, SERIES 1983 IN THE AMOUNT OF $4,600,000 of the CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO BID OPENING: MONDAY, AUGUST 15, 1983, 2:00 P,M., t\,D.T. The City Council of the City of Englewood, Colorado, will receive sealed bids at the office of the Director of Finance, City of Englewood, Municipal Building, 3400 South Elati Street, Englewood, Colorado, 80110, until 2:00 P.M., M.D.'l'., on Monday, August 15, 1983, for the purchase of General Obligation Bonds, Series 1983, of the City, dated October 1, 1983, in the principal ~am~unt o f $4,600,000, The Bond s sh all be issued as fully registered bonds in the denominations of $5,00 0 or integral multiples thereof, shall bear interest payable on June 1, 1984, and semiannually thereafter on December 1 and on June 1 each year, and shall mature serially on December 1 , a s follows: Mdt ri ty 12/1 /198 5 12/1/198 6 12/1/1Y87 12/1/IYUU 12 /1/1989 12 /1/1 990 12 /1/1991 12 /1/1992 12 /1/1993 12/1/1994 12/1 /1995 12/1/1996 12/1/1997 12/1/1998 12/1/1999 12/1/2000 i 2/1/2001 12 /1/2002 Amount $105 ,000 115 ,0 UU 125 ,0 00 13';,UU0 150,000 165,000 180,000 200,000 215,000 240,000 2 60,000 290,000 315,000 345,000 380,000 420,000 460,000 500,000 Bonds o f this issue maturing on o r before December 1, I 1993, s hall not be redeemable prior to their respective maturity dates, Those Bond s maturing on and after December 1, 1994, shall be redeemable at the option of the City, in inv.i,rse order of maturity, and if less th<".n an e ntire maturity is to be redeemed then by lot, on Dece mber 1, 1993, and on any inte rest paymen. date thereafter , upon payment of par, accrued interest, p·us a premium o f 1% o f th e princi pa l amount so redeemed. 3. Principal and premium, if any, on the Bonds will be paid at Af filia ted First National Bank of Englewood, Engle 1?ood, Colo- rado, or its successor, as Paying Agent and Bond Registrar. Interest on the bonds will be paid to the reglstered own ers of the Bonds by check or draft of the Paying Agent to the registered owners o f record ae of the 15th day of the month next prece ding the applicable i nterest payment date at the address appearing in the registration books of the Bond Registrar. The Bonds will be i ssued for the purpose· of acquiring land and constructing and equipping a community center and related appurtenances for the City and its inhabitants . The Bonds, in the opinion of bond counsel, are legal and binding obligations of the City of Englewood, payable from general ad valorem taxes on all taxable property in the City without limitation as to rate or amount. A cashiers ch eck or certified check dr a wn on a bank o r trust company, payable to the City of Englewood, Colorado, in the amount of $100,000 must accompany each bid. Th e check of the successful bidder will be retained by the City as liquidated d am ages in the even t t he Bonds are not tak r~-up and paid for in a cco rdance wi th the bid . Ch e cks of unsucce ss~ul bidder s will be re t ur ne d immediately. !10 bid for l es s than pa r and accr ue d inte r e st to the -b • ,. ,:' t!v l i ver y wi ll be a cc epted . On l y on e i11L c res t ra te shall i I tc(l fo r each matu rity, and diffe r e :1 t or "s plit" intere st 11.Jl 1 not be c onsid e r e d. 'fhe ma x imum net effec tiv e in t e r esl l· ·il . ...il n0t ex c'.!e d 11 -1/2't pe r annum . Su p p l e me n tal o r "B" in- c~, ~~t rates ar € no t allowed . The maximu m allow able sprea d oetween the highest and lowest interest rates is H. Intere st rates s hould be stated in multiples of twentieths or eighths of one percent. Th e Bonds will be award ed to the bidder naming the lowest net interest cost to the City, based on the full par amount of $4 ,600,0 00 as adv e rtised . The net interest cos t is defined to be th e t otal amount of interest to accrue from the date of i ssue to the date o f maturity, witho u t r eg ard to prior redemption provis ions, less the total amount of cash premium bid, if any. The pr emi um must be paid in c as h as part of t he purchase pr ice. Th e City o f Englewo'ad r e s erves the pri vilege of waiving any def e ct or irregularity in any bid , and th e right t o reject any and all bid s fo r th e purchase of s aid Bonds . The award of the Bonds wil l be made by the City Council at the regular meeti ng on Augu s t 15, 1983, at 7:30 P.M., or at an adjournment of the regu lar Coun c il meeting o f that date. 4 . Delivery of the Bonds will be made at any bank or tru st company in either Bnglewood or Denver, Colorado, or elsewhere a t the request and expense of the purchaser. It is anti~i pat ed that de livery of the Bonds will be on or about October 11, 1983. The City will furnish the executed Bonds, a certified transcript of legal pr~ceedingR, and the approving legal opinion. The legality of the Bonds wl l l be approved by Lamm Edstrom & Braymer, P.C., Attorneys at Law , Denver, Cole -ado, whose legal opinion will be printed on each Bond. Bond couns,el 's approvi ng opinion will recite, in conven t ional form, that bond counsel h as examined the constitution and laws of the State of Colorado and the Charter of the City, and a certified copy of the record of the proceedings of the City taken prelim i nary to and in the issuance of the Bonds. The opin i on will state that the Bonds are valid and legally binding upon the City and that the obligations incurred by the City in issuing the Bonds are subject to applicable laws of bankruptcy and the reasonable exercise of the police power of the state. The last paragraph of th e opinion will express an un- qualified opinion as to the exemption of interest on the Bonds from l ederal and Colorado state taxation. Additional info r mat i on concerning this i s sue an d the Cit y may be obt a i ned from Mr. Gary R. Higbee, Directo r of Finan ce, Muni cipa l Buil d ing , 34 00 So. Elati Street, Englewood, Colo rado 801 10 , o r from Ha nifen, I mh off Inc., Sui te 1800, 112 5 17 t h St reet , Donv c r , Co lorado 8020 2 , t he fin a nci al co n su l Lan t to the Cit y . ll/\TP.D a t Englewoo d, Colora d o , as of th e 1st day o f J.i:-~, 19U 3 . S E A L ) ATTE STED: /s/ Gary R. Higbee Directo r of Finance , Ci ty o f Englewood , Colorado Publish i n: Englewood Sentinel Publ i s h on: August 4, 19 83 /s/ Eugene L. Otis Mayor City of Englewood, Colorado 5. 3. In addition to thu publication of the notice o f sale , the Director of Finance and the Financial Con ';'ul tant a rc authori z ed to forward a copy of the Official _Stat ement and no tice of sale to those investment banking firms, bank s , and others who might be interested in bidding on bonds of the City. The prior action of the City Council in designating Hanifen, Imhoff Inc., as Financial Con sul tant to the City, is hereby ratified .and approved; and that the fee paid or to be paid to such firm is fair and r e asonable compensation for s ervices in acting as Financial Consultant. Hanife n, Imhoff Inc., ma~-, eithe r a lone or with others, submit a bid for the purchase of the Bond s , and i n such event, the fee paid or to be paid for financial advisory services shall not be deemed a discount for purpos es of the par sale r equirement. 4, That if any one or more sections or parts of this Res o lu tio n sh a ll be adjudged unenforceabl e or invalid, s uc h jud gme nt s hall no t a f fect , impair, or invalidate the r ema ining prov i sion s of t his Re s olu t i o n , .. t being the int e nt ion t hat t he vc.: i"J·1·: p Lo v is io ns he reof a r e sev e,:abl e . /\llO PTf.ll /IND /\PP ROVED 'Jh i s 1s t da y o( /\ug u s t, 1983. ( S E A L ) ATTES T: e~aci~;1c~C er I , Gary R, Higbee , ex offi cio Ci t y Cl e rk-Tr e asurer of t he City of Englewood , Colora do hereby certify t h a t the a bov e a nd fore i oJing i s a true , accurate a nd complete copy of Reso l utio n 10 ,~, Se r ies of 19 83 . ~-~ee&~ceJ 6 .