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Home My WebLink About1996-09-23 (Special) Meeting Agenda• . ~ • • • Erpwood City Council Special Meeting-SepleaN' 23, 1996 llld lb::pluM 1·· 9111••7,1906 ORDINANCE ~S,46,47,41,49,50,Sl RESOLUTION h?: 71, 79, IO, 11, 12, 13, 14 ' ' ... . • 0 • I. ' . . ' 0 'a2xl • • • t• • (. r ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO September 23, 1996 I . CaU to Order The special meeting of the Englewood City Council was called to order by Mayor Bums at 6:08 p.m. 2 . ._.... The inwcalioa -given by Council Member Wiggins. 3. PWi! .t AllepMte The Pledge of Allegiance was led by Mayor Bums. 4 . Roll c.u Present : Council Members Hathaway, Clapp, Wiggins, Habenicht, Vonnittag. Waggoner, Burns Absent: None A quorum was present. Also present: City Manager Clark City Attorney Brotzman Assistant to lbe City Manager Grace City Clerk Ellis Director Gryglcwicz. Finucial Services 5. 0~ COUNCIL Ml.Mar.a HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE COUNCIL alLL NO. '7. (a) AppnM: oa Sccolld Reading (i) ORDINANCE NO . 44, SERIES OF 1996 COUNCIL Bll.L NO . 47, INlllODUCED BY COUNCIL MEMBER HAlllAWAY A BILL FOR AN ORDINANCE AlmiORlZlNG 1lfE ISSUANCE AND SALE OF lHE CITY OF ENGLEWOOD, COLORADO MULTIFAMILY HOUSING REVENUE REflJNDING BONDS (MARKS APAR1MENTS PROJECT) SERIES 1996 IN 11IE AGGREGATE PRINCIPAL AMOUNT OF SI 1,200,000, TO REflJND PRIOR BONDS OF 11IE CITY AND TO PROVIDE FINANCING FOR RESIDENTIAL FACILITIES FOR LOW· AND MIDDLE-INCOME FAMILIES AND PERSONS; RATIFYING CERTAIN ACTION HERETOFORE TAKEN; ACKNOWLEDGING 1lfE USE OF A PRELIMINARY AND FINAL OFFICIAL STATEMENT AND 1lfE EXECUTION AND DELIVERY ' I . , .------------------~~~------,--~,--- Special City C-U Medial Se•te••er 2l, 1"' Paae2 (. ,.. • • BY 11IE CITY OF A CERTAIN INDENTIJRE OF TRUST, LOAN AGREEMENT, AMENDED AND RESTATED LAND USE RES11UCTION AGREEMENT, BOND PURCHASE AGREEMENT, SUCH BONDS AND O.OSINO DOCUMENTS IN CONNECTION Till!REWflH; MAKINO DE11!RMINATI0NS AS TO MLOW-AND MIDDLE-INCOME FAMILIES AND PERSONS," AS TO 1HE SUFFICIENCY OF REVENUES AND AS TO 011IER MATl'ERS RELATED TO 11IE RESIDEl'fflAL FACILl11ES TO BE FINANCED; REPEALING ACTION HERETOFORE TAKEN IN CONFLICT HEllEWI11l Ayes : Nays : Molion carried. 6 . Mjeanamt COIIIICil Mallllln Hadlaway, Vonaiaag, Wigial. Hlbaliclll, w.....-.0app,a... N«- COUNCU. MEMBER WAGGONER MOVED TO ADJOURN. The meeting adjourned at 6:09 p .m. ~·Jr!£ City Clerk 'I •. .. I. 0 1. 2. 3. . " • <. AGENDA FOR THE SPECIAL MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, SEPTEMBER 23, 1996 Call to order. ~:_or~ Invocation. ~ 6:00 P.M. Pledge of Allegiance. ~ 4. Roll Call. 5. Ordinances. a. Approve on Second Reading. 1J111. l/:,Ljtj-i . Council Bill No. 47, approving credit enhancement for The Marks bonds. ~I,/, /f;f)q Q-IJ . . ~t Ad'f~ment. /Am~JL- {l ·f/i ~ --11 o-·-- "-note: If you haw• clubllity wl __. aallary-* •---. .... lll!IMr .. Clly., E I ss• (7U,J4IS) II a..t41hounlnadvanceof.._...._ .. ....._ '11111111,-. •. .. I. , • ORDINANCE NO. L/-4 SERIES OF 1996 ' • • • '· BY AUTHORITY " ' .... COUNCIL BILL NO. 47 INTRODUCEDBYCOUNCIL MEMBER HATHAWAY AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF THE CITY OF ENGLEWOOD, COLORADO MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (MARKS APARTMENTS PROJECT) SERIES 1996 IN THE AGGREGATE PRINCIPAL AMOUNT OF Sll.,300,000, TO REFUND PRIOR BONDS OF THE CITY AND TO PROVIDE FINANCING FOR RESIDENTIAL FACILITIES FOR LOW-AND MIDDLE-INCOME FAIIILIES AND PERSONS; RATIFYING CERTAIN ACTION HERETOFORE TAKEN; ACKNOWLEDGING THE USE OF A PRELIMINARY AND FINAL OfflCIAL STATEMENT AND THE EXECUTION AND DELIVERY BY THE CITY OF A CERTAIN INDENTURE OF TRUST, LOAN AGREEMENT, AMENDED AND RESTATED LAND USE RESTRICTION AGREEMENT, BOND PURCHASE AGREEMENT, SUCH BONDS AND CLOSING DOCUMENTS IN CONNECTION THEREWITH; MAKING DETERMINATIONS AS TO "LOW-AND MIDDLE-INCOME FAMILIES AND PERSONS," AS TO THE SUFFICIENCY OF REVENUF.S AND AS TO OTHER MATTERS RELATED TO THE RESIDENTIAL FACILITIES TO BE FINANCED; REPEALING ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH . WHEREAS, the City of Encl-ood. Colorado (the "City") ia authorized by the County and Municipality Development Revenue Bond Act, canatitutinf Sections 29-3-101 through 29-3-123, inclusive, Colorado Reviled Statut.N (the "Act"), to finance and refinance one or more projects, including any land, building or odlllr improvement, and all real and personal properti•, whether or not in emteoce, which lball be luitable for neidential facilitiea for low- and middle-income familiea or .,._a and intended for me u the IIClle place al reaidmce by the owners or intended occupants to the aid that more adequate neidential bouaing facilitiN for low- and middle-income families and penona may be provided, which pramot.e the public health, welfare, Nfety, convmimce and proeperity; and WHEREAS, the Act authori&N the City (i) to iNue ita Nftllue baada for the purpoee of defraying the C09t of financing or refinancing any project and all inc:icleatal upenw incurred in connection with the iuuance of 1Uch bonda, (ii) to mter into ftnancin1 qreemmta with othen for the purpoee of providin1 revenuN 1D pey the bonda autbariaed 1D be iNued under the Act and -1- • . .. I. , -------------------------,·----------------------------- ORDINANCE NO. LJ-1- SERIES OF 1996 • • BY AUTHORITY COUNCIL BILL NO. 47 INTRODUCEDBYCOUNCIL MEMBER HATHAWAY AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF THE CITY OF ENGLEWOOD, COLORADO MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (MARKS APARTMENTS PROJECT) SERIES 1996 IN THE AGGREGATE PRINCIPAL AMOUNT OF Sll,200,000, TO REFUND PRIOR BONDS OF THE CITY AND TO PROVIDE FINANCING FOR RESIDENTIAL FACILITIES FOR LOW-AND MIDDLE-INCOME FAMILIES AND PERSONS; RATIFYING CERTAIN ACTION HERETOFORE TAKEN; ACKNOWLEDGING THE USE OF A PRELIMINARY AND FINAL omCIAL STATEMENT AND THE EXECUTION AND DELIVERY BY THE CITY OF A CERTAIN INDENTURE OF TRUST, LOAN AGREEMENT, AMENDED AND RESTATED LAND USE RESTRICTION AGREEMENT, BOND PURCHASE AGREEMENT, SUCH BONDS AND CLOSING DOCUMENTS IN CONNECTION THEREWITH; MAKING DETERMINATIONS AS TO "LOW-AND MIDDLE-INCOME FAMILIES AND PERSONS," AS TO THE SUfflCIENCY OF REVENUES AND AS TO OTHER MA'M'ERS RELATED TO THE RESIDENTIAL FACILITIES TO BE FINANCED; REPEALING ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH. WHEREAS, the City of Englewood, Colorado (the "City") ia authorised by the County and Municipality Development Revenue Bond Act, c:omtituting Sectiona 29-3-101 through 29-3-123, inclu1ive, Colorado Revised Statute. (the "Act"), to ftnanc:e and refinance one or more projects, includinf any land, building er otber improvement, and all rNl and penonal propertiea, whether or not in emteoce, whieb aball be luitable for naidential faciliti• for low- and middle-income familiea or penona and int.endad for -u the IOle place oC naidence by the ownen or intended occupanta to the end that more adequate naidential houam, facilitiee for low- and middle-income familie1 and penom may be providad, wbicb pramote the public health, welfare, aafety, convenience and proeperity; and WHEREAS, the Act authorizea the City (i) to iMue ita l"ffeDUe bonda for the pw,-e of defraying the coat of financinc or reftnancinr any project and all incidental qpenaN incurred in connection with the iuuance of auch bonda, (ii) to mtar into ftnanc:inr apeemmta with otben for the purpme of providing revenuea ID pay the bonda autharisad ID be iuuad under the Act and -1- • . .. I. • • ·, • upoo such terms and conditions BB the City Council of the City may deem advi11able, and (iii) to aecure the payment of the principal of, premium, if any, and interest on such bonds BB provided in the Act; and WHEREAS, becauae bonds iuued punuant to the Act do not create a multiple-fiscal year direct or indirect debt or other financial obligation of the City, the Bonds are not subject 1D the provisions of Article X, Section 20 of the Colorado Constitution; and WHEREAS, the City previously iuued and sold its Variable Rate Demand Multifamily Rental Housing Revenue Bonds (Tbe Marb Apartments) 1985 Series A, in the aggregate principal amount of $12,200,000 (the "Prior Bonds"), in order to provide financing to HG Venture, a Tesu limited partnenbip, who bu subaequently Uliped its intereat in the Project (as defined herein) 1D Wellsford Marb West Corp., a Colondo corporatioo (the "Owner"), for the acquisition, construction and installation of a multifamily rental homing project (the "Project") located within the City, 1D be occupied partially by individuala of low or moderate income within the meaning of and for the period required _by Sectioo 103(bX12) of the Internal Revenue Code of 1954, as amended (the "1954 Code"), all for the public pmpoee of providing more adequate residential housing facilities for low· and middle-income families and penons; and WHEREAS, the Owner bu requested the City refund the Prior Bonda; and WHEREAS, the City bu determined that it is adviaable and in the bat intereata of the City to iuue ita Multifamily Houainc Revenue Refundin, Bonda (llarb Apartments Project) Seriea 1996 in the aare,ate principal amount of $11,200,000 (the "Bonda"), to ..U and deliver the Bonda to Fint Chicago Capital Marketa, Inc., u the unct.writer oftbe Banda (the "Underwriter"), 1D refund the Prior Bonds and provide financing 1D the OwDa' for dl8 Project, to be occupied by penona of low and middle income, u determined by the City, and occupied partially by individual, of low and moderate income within the meanm, of and for the period required by Section 103(bX12) of the 1954 Code and by those provisiODB al the Internal Revenue Code al 11186, u amended (the "Code"), which are applicable tbseto, all for dl8 public pmpoee of providm, more adequate residential housing facilities for l~ and middle income famili• and penona; and -2- • . .. I . , • • • • '· WHEREAS, in order 1D provide such financing, the City will iuue the Bonda to make a loan 1D the Owner, the repayment of which will be evidenced by the Loan Agreement described below of the Owner; and WHEREAS, there have been sn-t.ed 1D the City Council (i) the propoaed form of Loan Agreement, dat.ed u of Oct.ober 1, 1986, between the City and the Owner (the "Loan Agreement"), (ii) the propoeed form of Indenture of Truat with reapect 1D the Bonda, dat.ed u of Oct.ober 1, 19116 (the "Indenture"), between the City and American National Bank and Trust Company of Chicago, Chicago, lllinois, u Trustee (the "Truatee"), (iii) the propoaed form of Amended and Restat.ed Land Uae Restriction Agreement with rwpect 1D the Project, dated u of October l, 1996 (the "Regulatoey Agreement"), &mOIIJ tbe City, tbe Truatee and the Owner, (iv) the propoeed form of Bond Purchue Agreement with rwpect 1D the Bonda (the "Purchase Contract") among the City, the Owner and the Underwriter, and (v) the form of Preliminary Official Statement, to be distributed by the Underwriter to pl'OIJ)l!Ctive purcbuers of the Bonds. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO THAT: Set;t,ion 1. All action (not inconaistent with the proviaions of thia ordinance) heretofore taken by the City Council and the officen of the City direc:t.ed toward the financinc of the Project and the iuuance and sale of the Bonda therefor be, and the same ia hereby, ratified, approved and confirmed . Section 2. The City shall finance the Project, aubjec:t to the tenu of the Loan Agreement, the Indenture, and the Replatory Apeement, by the iaaue, sale and delivery of the Bonds 1D obtain funds 1D loan 1D the Owner, in order to provide financing to the Owner for the Project. Section 3. To defray the cmt of financing for the Project, th..e is hereby authorized and creat.ed an iuue aC revenue bonds desipated "City of Enp-oc,d, Colorado Multifamily Housing Revenue Refunding Bonds (Marks Apartments Project) Seriee 1996" in the q,regate principal amount of $11,200,000, issuable u fully re,istered bonds without coupons in denominations of $6,000 or any inte,ral multiple thenoC, eecb dat.ed u of their date of iHuance, -3- ..... . , • ... I. 0 f 32X , ----------------------~-----,.,---------=~---------------~--------- • • • (. bearing interest on the unpaid principal amount thereof, payable (l!llCept as provided below) semiannually on June 1 and December 1 of each year commencing June 1, 1997. The Bonda shall mature on December 1, 2026. The interest rate on the Bonds shall be established by the Remarlr.eting Agent (as defined in the Indenture) for the initial term of the Bonds u provided in the Indenture at an interest rate per annum which if borne by the Bonds, would, having due regard 1D prevailing financial market conditions, be the lowest rate of intereat neceuary 1D enable the Remarlr.eting Agent to sell the Bonds on the issuance date and OD each succeeding Tender Date, if any, for a price equal to lOO'if, of the principal amount thereof and provided no such rate shall ever uceed 8.50%. The Bonds 1hall be payable, ahall be subject 1D redemption prior 1D maturity, and ahall be in subltantially the form as let forth in the Indenture. Pursuant 1D the Purchase Contract, the Bonds aball be sold 1D the Underwriter llt the pun:hue price ll!t forth therein. The muimum net effective interest rate on the Bonds is not pater than 8.50'll, JIS' annum, which rate is hereby determined to be the muimum net effective interest rate on the Bonds. Sectionf. Pursuant to Section 29-3-103(10Xd) of the Ad, the City Council of the City hereby finds and determines that for purpoae1 of multifamily rental bouaing projecta such aa the Project, "low-and middle-income person1 and familie1" me&D11 and includes any person whose Acljusted Income (as defined in the Re,ulatory A,reement), t.opther-with the Adjusted Income of all persons who intend 1D reaide with such peraon in one dwelling unit, did not for the taxable year immediately preceding their initial occupancy of such dwelling unit, uceed an amount equal 1D 175% of the median pou income for the area (u determined under the Loan Agreement), or 1uch other amount u may be Ntabliabed fnm time 1D time by the City Council of the City, in accordance with the Act, u the muimum income for "low-and middle-income perBDDB and families" within the meanmi of the Act, and that such .,.._. and familiea laclr. the financial ability 1D pay rentala 1ufficient 1D ind-private mterpriae in the City 1D build a sufficient supply of adequate, we and ADitary dwellinp without the apecial -iltance afforded by the Act. Section 5. The following determinatiOlll and findinp are hereby made in aa:ordance with Section1 29-3-113, 29-3-11' and 29-3-120 of the Act. .. I . -------------------------,--,.,-------~---------------------...----,, . , •, • • . ' (a) The muimum amount n-.ry in each year 1D pay the principal of and the interest on the Bonda ia u follon: Y&u Prinsi111I llltmlll 6Duul IHt Serrice leaWnmnt 1986 • ~ S238,000 S238,000 1997 -0-952,000 952,000 19118 -0-952,000 952,000 111119 -0-952,000 952,000 3XXl -0-952,000 952,000 310l -0-952,000 952,000 .. 3Xll -0-952,000 952,000 21m -0-952,000 952,000 ~ -0-952,000 952,000 :DI; -0-952,000 952,000 :II08 -0-952,000 952,000 '1/.J11 -0-952,000 952,000 :II08 -0-952,000 952,000 .., -0-952,000 952,000 3>10 -0-952,000 952,000 3111 -0-952,000 952,000 3113 -0-952,000 952,000 3114 -0-952,000 952,000 3115 -0-952,000 952,000 3)16 -0-952,000 952,000 3117 -0-952,000 952,000 3118 -0-952,000 952,000 3)19 -0-952,000 952,000 DD -0-952,000 952,000 Dl -0-952,000 952,000 3m -0-952,000 952,000 Zl9 -0-952,000 952,000 .. -0-952,000 952,000 :la -0-952,000 952,000 ~ 11,300,000 112,ClOO 12,J'D,000 Total : SlUOO.OOO S27.-.000 •aa.-.ooo I • -5- 0 • -----------------------------~.1----------------------------------- • • - ... (b) The terms under which the Project is 1D be financed provide that the Owner shall maintain the Project in good repair and carry all proper insurance with respect thereto. ( c) The revenues payable under the financing documents with respect 1D the Bonds and the Project are sufficient 1D pay, in addition 1D all other requirements of such financing documents and this ordinance, all sums refened to in paragraph (a) of this Section. (d) Since the Project is owned by the Owner, which is a private legal entity, pursuant 1D Section 29-3-120 of the Act the financing documents with reapect 1D the Project require the Owner to pay all tuea due, with respect to the Project, to the State of Colorado, 1D the City, and to the school district and all other political aubdivisiom and public bodies corporate wherein the Project is located, authorized to levy tues. Section 6. The forms, tenm and provisions of the Loan Agreement, the Indenture, the Regulatory Agreement and tbe Purchase Contract are hereby approved and the City aball enter into the Loan Agreement, the Indenture, the Regulatory Agreement and the Purchase Contract aubatantially in the forms of auch documents presented to the City Council It this meeting with auch changes therein which are approved by the City Attorney; and the Mayor af the City i • hereby authorized and directed 1D eucute and deliver tbe Loan Agree-t, tbe Indenture, the Regulatory Agreement and the Purchue Contract and tbe City Clerk is bseby autborizecl and directed tD affix the City aeal 1D and tD atillt tbe Loan Agreement, tbe Indenture, tbe Regulatory Agreement and the Purchase Contract. Sec;t.jon 7. The City acknowleclpa tbe uae by the Underwriter of the Preliminary Official Statement in connection with the offerina of the Bonds to the public. The City acknowledges the u.ae by the Underwriters in connection with tbe aale af tbe Bonda of a final official atatement (the "Official Statem~t") to be prepared by tbe Underwriter and 1D be aubatantially in the form of the Preliminary Official Statement but containiq IIUCb amendments u may be deemed appropriate by the Underwriter. The City makN no repramtation or warranty u to, and bu no reaponaibility for, tbe accuracy or completen-af tbe information contained in the Preliminary Official Statement or tbe Official St.a*-it and, furthermore, is not an "obligated peraon " pursuant to Rule 15c2-12 under the Securities EJICbanp Act al 1934. -6- .. I . , • .-------------------~---..,,...-- • - $ed;jon 8. The forms, t.erma and proviaiooa of the Bonda, substantially in the form contained in the Indenture, are hereby approved; and the Mayor of the City ia hereby authorized and directed to execute the Bonda and the City Clerk ia hereby authorized and directed 1D affix the eeal of the City to the Bonds and 1D atteat the Bonda . The signatures of the Mayor and the City Clerk on the Bonda and the seal of the City cm the Bonda ahall be affixed manually or by facsimile . S@digp 9. The Mayor ia hereby authorized and directed 1D eucute and deliver 1D the Tnutee the written order of the City for the authentication and delivery of the Bonda by the Tnutee, in accordance with the Indenture. . SectionlQ . American National Bank and Trust Company of Chic:aco, Chicago, Dlinoia, ia hereby appointed Trustee under the Indenture. Sestion u . The officers of the City ahall take all action in conformity with the Act necessary or reasonably required 1D effectuate the iaauance of the Bonda and ahall take all action in conformity with the Act neceuary or desirable 1D finance the Project and for carrying out, giving effect 1D and consummating the transactions contemplated by this ordinance and the Loan Agreement, the Indenture, the Regulatory Agreement and the Purchue Contract, including without limitation, the execution and delivery of any cloaing docwnenta 111 be delivered in connection with the sale and delivery of the Bonda. Ses;tion 12 . The coat of financing the Project will oaly be paid out al tbe proceeda of the Bonda and none of the Bonda will be the pneral obliptiaD al the City nor ahall any al the Bonds, including interest thereon, comtitute the dlllt or indebteclneaa of die City within the meaning of the Constitution or ltatuta of the Stalie al Colorado or al tbe i-rule cbart.s of any political s ubdivision thereof, including the City, nor ahall anything cootained in this ordinance or in the Bonda , the Loan A,reement, the Indenture, the Replatory ApMment or tbe Purchue Contract, or any other i.natrwnent live riN to a pecuniary liability al tbe City or a cbarp upm the general credit or taxing powers of the City, nor ahall the bnach al any aar-•t cootained in this ordinance, the Bonda , the Loan A,reement, the Indenture, the Replatory Ap.mmt or the Pun:haae Contract impose any pecuniary liability on the City or a cbarp upon the ....-aI credit or tanng powers of the City, the City having no power 1D pay GI& of ita pneral fwul, or otbenriee -7- .. I· , --------------------~------.-----------------------------..----- • • (. contribute any part of the COBt8 of financing the Project, nor power 1D operate the Project u a business or in any manner, nor shall the City condemn any land or odier property for the Project nor contribute any land or other property to the Project. Notbinc contained in thia ordinance or the Loan Agreement, the Indenture, the Regulatory Agreement or tbe Pun:bue Contract shall give rise to any personal or pecuniary liability of any officer, employee or apnt of the City. Sec;tiop ]3. After any of the Bonds are iuued, this ordinance ahall be and remain inepealable until the Bonds and the interest thereon shall have bem fully paid, cancelled and discharged . Sec;tiop 1'. If any NCtion, parqraph, clauae or proYiaicm of this ordinance shall for any reason be held 1D be invalid or unenforceable, tbe invalidity or unenforceability of such section, paragraph, clauae or proviaicm shall not eft'ect any al tbe remaining proviaions of this ordinance. Sec;tiop 15 . All bylaw,, ordera, rmolutiom IDd orcliDancea, or puta thereof, inconsistent herewith and with the document.a hereby appeoved, are _..,, repealed 1111 the at.mt only of such inconsiatency. This repealer llhall not be camaued as l"ffi'riac any bylaw, order, reeoluticm or ordinance, or part thereof. Sw;tigl lfi . This ordinance ahall be in full farw ad 6ct iw ...... iat.ely upon enactment followiq final pauqe. Thill ordinance sball la ...,... in tbe City Book of Ordinances apt for tblll lJlllllla, and shall be avthentic:eted by t. .,.... al tbe llayor and City Clerk, IDd published in accordance with law. lntrodlM*I, ned in full, and pueed CID tint rwliDc CID the Ilda day afS.phaber, 1916. ' ' " • 0 I. • ,.. • • •. Read by title and paued OD lnal reeding OD the 23rd day mSeptmlber, 1996. Publiabecl by title • Ordinance No. _, Seriel m 1996, OD the 28th day m Stpmiber, 1996. Thom• J. Bums, Mayor ATTEST: Loucriabia A. Ellia, City Clerk I, Loucriahia A. Ellia, City Clerk of the City of Enpewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance paued oo lnal readin, and publisbecl by title M Ordinance No. _, Series of 1996. -9- .. I. 0 Ad t: 57684 • • Acct: 3758746 Co./Name: CALVIN T. HANSON THE DENVER POST AFFIDAVIT OF PUBLICATION STATE OF COLORADO ( H. ) CITY AND COUNTY OF DENVER -• ~-..:;;i;.. I, Nancy Allen, of said City and County of Denver, of lawful age, beincJ first duly sworn on oath, depose and say: That I aa a Classified llana9er of THE DENVER POST, a Colorado corporation, that said company i• the owner....._ ~ publisher of the newspaper, THE DENVER POST; that I have personal 1cnow1.._.1 :::-. of all the facts set forth in this affidavit: that said THE DENVER POST la a daily newspaper within the meaning of Chapter 109, Article I, Sectiona 1 to 8, inclusive, Colorado Revised Statutes of 1953, and amended thereof, and said newspaper had prior to January l, 1936, and baa ever since tbat elate, been adaitted to the United States aail• as second-class aatter, under tbe provision• of the Act of Congress of March 3, 1879, and amendaenta thereof, that said newspaper is printed and published daily and has its principal office and place of business in said City and County of Denver, and baa a general public circulation in said City and County, and throughout the-81:a~~..::i:.: of Colorado: that said newspaper baa been ao printed, published and circu- lated as a public daily newspaper of general circulation uninterruptedly and continuously during the period of more than six (6) months next prior to the first issue thereof containing the annexed legal notice and advertiseaent. The annexed legal notice and advertisement was published: September 16, 1996 in the regular Edition• of said Newspaper, and that, therefore, said legal notice and advertis ... nt were published in a Newspaper duly qualified for that purpose within the aeaning of said above aentioned and all other avant Statutu and Acts of the General Asseably of the State of Colorado. -this 16th day of Septellber A.D. 1996 Witness ay hand and notarial ... 1: -~~~..),_ 22, 1999 { AFFIX COPY OF LEc.AL NOTICE/ADVDTI8IIIDIT IP'.ltB: • • 0 • • • I • ' • •r-------:------------......,._- Ad#: 47543 • • '· Acct: 908770 Co./Name: SHERMAN, HOWARD THE DENVER POST AFFIDAVIT OF PUBLICATION STATE OF COLORADO (ss.) CITY AND COUNTY OF DENVER I, Nancy Allen, of said City and County of Denver, of lawful age, being first duly sworn on oath, depose and say: That I am a Classified Manager of THE DENVER POST, a Colorado corporation, that said company is the owner and publisher of the newspaper, THE DENVER POST: that I have personal JcnovledCJe of all the facts set forth in this affidavit: that said THE DENVER POST 1• a daily newspaper within the meaning of Chapter 109, Article I, Sections 1 to 8, inclusive, Colorado Revised Statutes of 1953, and a.ended thereof, and said newspaper had prior to January 1, 1936, and has ever since that date, been admitted to the United States mails as second-class aatter, under the provisions of the Act of Congress of March 3, 1879, and a .. ndaent• thereof: that said newspaper is printed and published daily and has its principal office and place of business in said City and County of Denver, and has a general public circulation in said City and county, and throughout the State of Colorado: that said newspaper has been so printed, published and circu- lated as a public daily newspaper of general circulation uninterruptedly and continuously during the period of more than six (6) months next prior to the first issue thereof containing the annexed legal notice and advertisement. The annexed legal notice and advertisement was published: September 8, 1996 in the regular Editions of said Newspaper, and that, therefore, said legal notice and advertisement were published in a Newspaper duly qualified for that purpose within the aeaning of said above .. ntioned and all other relevant Statutes and Acts of the General Assembly of the State of Colorado. ~ r·f'\,,, ,'}J.:-,, me this 9th day of Septeaber A.D. 1996 22, 1999 AFFIX COPY OF LEGAL NOTICE/ADVERTISEMENT HERE: ' • .. I. , Ad#: 58425 Acct: 3758746 • • Co./Name: CALVIN T. HANSON SHERMAN & HOWARD THE DENVER POST AFFIDAVIT OF PUBLICATION STATE OF COLORADO (ss.) CITY AND COUNTY OF DENVER I, Nancy Allen, of said City and County of Denver, of lawful age, being first duly sworn on oath, depose and say: That I am a Classified Manager of THE DENVER POST, a Colorado corporation, that said company is the owner and publisher of the newspaper, THE DENVER POST: that I have personal knowledge of all the facts set forth in this affidavit: that said THE DENVER POST is a daily newspaper within the meaning of Chapter 109, Article I, sections l to 8, inclusive, Colorado Revised Statutes of 1953, and amended thereof, and said newspaper had prior to January 1, 1936, and has ever since that date, been admitted to the United States mails as second-class matter, under the provision• of the Act of Congress of March 3, 1879, and amendaenta thereof: that said newspaper is printed and published daily and has its principal office and place of business in said City and County of Denver, and has a general public circulation in said City and County, and throughout the State of Colorado: that said newspaper has been so printed, published and circu- lated as a public daily newspaper of general circulation uninterruptedly and continuously during the period of more than six (6) months next prior to the first issue thereof containing the annexed legal notice and advertisement. The annexed legal notice and advertisement was published: September 15, 1996 in the regular Editions of said Newspaper, and that, therefore, said legal notice and advertisement were published in a Newspaper duly qualified for that purpose within the meaning of said above .. ntioned and all other re;evant stat~and Acts of the General Asseably of the Stat,, of Colorado. sworn to before•• this 16th day of September A.D. 1996 AFFIX COPY OF LEGAL NOTICE/ADVERTISEMENT HBRE: ' • I . 0 • CU BUFFS A Co,or ado Events 426-1333 IOMI.• ........ . ..... -..... . --~--u ttC , .. troc., ... • . .... : ..... , .... .. ( ............ ,.. u,tctMMlls ...... . ........ ... ..,. I . 0 •• • ' I • e • • -~----------~-~---~-- 0 • • • • .£ / . I • • • --------=-------: 0 I • - s~ f!Wh -mJ.IF-# ' . ... . . . upr~ri,o~~ I. &~ ¥;OJ~ • • '· .. OCTOBER 7, 1996 REGULAR CITY COUNCIL MEETING