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ORDINANCE NO. 126
IN THE MATTER OF THE ISSUANCE OF SPECIAL ASSESSMENT
BONDS IN THE PRINCIPAL AMOUNT OF $1, 000, 000 OF WELD
COUNTY, COLORADO, FOR THE LOCAL IMPROVEMENT DISTRICT
NO. 1984-1; PRESCRIBING THE FORM OF THE BONDS, AND
PROVIDING FOR THE PAYMENT OF THE BONDS AND THE INTEREST
THEREON; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD
COUNTY, COLORADO:
WHEREAS, the Board of County Commissioners of Weld County
(the "County" ) has heretofore taken and adopted proceedings
preliminary to, and including the creation of Local Improvement
District No. 1984--1 (the "District" ) , according to Title 30,
Article 20, Part 6, Colorado Revised Statutes; and
WHEREAS, Notice of Hearing on the creation of the District
was published and mailed in accordance with the provisions of
Title 30, Article 20, Part 6, Colorado Revised Statutes ; and
WHEREAS, prior to the passage of a Resolution creating the
District, the Board of County Commissioners heard and considered
all protests and objections relating to the creation of the
District and the construction and installation of improvements
therein; and
WHEREAS, the Board of County Commissioners has, by
Resolution, created the District for the purpose of construction
and installation therein of local improvements, together with any
necessary incidentals ; and
WHEREAS, prior to the final reading and passage of this
Ordinance, notice to Contractors to submit bids for the
construction of the improvements in the District has been duly
published and bids for such construction were received on March
27, 1984 ; and
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WHEREAS, pursuant to the Home Rule Charter of the County and
Section 30-20-618, Colorado Revised Statutes, special assessment
bonds of the County may be issued and sold under such terms and
conditions as are established by the Board of County
Commissioners; and
WHEREAS, the Board of County Commissioners has determined
that the costs of the construction of improvements within the
District, including 6% additional for the costs of collection and
other incidentals and interest on the bonds to the time the first
installment is made payable, shall not exceed the amount of
$1, 000, 000, and that bonds of the County for said District should
be issued in such amount; and
WHEREAS, the Board of County Commissioners has heretofore
received a joint proposal from Prudential-Bache Securities, Inc.
and United Bank of Denver, N.A. , of Denver, Colorado, for the
purchase of $1, 000, 000 of said bonds, less a discount equal to
4 . 5% of the principal amount of said bonds plus accrued interest
to date of delivery, reflecting a net effective interest rate not
to exceed 10. 6%; and
WHEREAS, the Board of County Commissioners has heretofore
determined that said joint proposal from Prudential-Bache
Securities, Inc. and United Bank of Denver, N.A. , (jointly the
"Underwriters" ) is a fair and acceptable offer for said bonds,
being to the best advantage of the County, and has heretofore
accepted said proposal and executed a contract based thereon for
the sale of said bonds, upon the terms and conditions hereinafter
set forth; and
WHEREAS, it is now necessary to provide for the issuance of
said bonds and the form and payment thereof;
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NOW THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of Weld County, Colorado that Ordinance No. 126 be,
and hereby is enacted as follows :
Section 1. Bond Details . By virtue of and pursuant to
the Home Rule Charter of Weld County, Colorado and the Laws of
the State of Colorado, Special Assessment Bonds (the "Bonds" ) of
Weld County, for the Local Improvement District No. 1984-1, shall
be issued for the purpose of paying for local improvements to be
constructed in said District. The Bonds shall be in the total
principal amount of $1, 000, 000, shall be dated May 1, 1984, and
shall consist of 200 bonds in the denomination of $5, 000 each.
The Bonds shall be lettered "R" and shall be numbered separately
from 1 upward. Pursuant to the recommendations of the Committee
on Uniform Security Identification Procedures, CUSIP Numbers may
be printed on the Bonds . The Bonds shall be issued only as fully
registered Bonds without coupons and shall be due and payable on
June 1, 1994, subject to call and prior payment in direct
numerical order on any interest payment date, upon payment of par
and accrued interest. Notice of such prior redemption shall be
given by the Bond Registrar by advertisement once in some
newspaper of general circulation in Weld County and by mailing a
copy of the redemption notice by first class mail (postage paid) ,
both notices to be published or mailed, as the case may be,
thirty (30) days prior to the date fixed for redemption to the
Registered Owner of each Bond to be redeemed in whole at the
address shown on the registration books maintained by the Bond
Registrar. If the date of publication or mailing (the thirtieth
(30th) day prior to the date fixed for redemption of the Bonds )
is a Sunday or a legal holiday or a day on which publication or
mailing cannot take place, then such publication or mailing need
not be made on such date but may be made on the next succeeding
business day which is not a Sunday or a legal holiday or a day on
which such publication or mailing cannot take place with the same
force and effect as if made on the thirtieth (30th) day prior to
the date fixed for redemption of each Bond to be redeemed. The
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notice shall specify by number the Bonds so called, and all such
Bonds shall be paid in their numerical order . All Bonds so
called for redemption will cease to bear interest at the
expiration of thirty (30 ) days from the date of publication of
the notice. Failure to give such notice by mailing to any
Registered Owner of any Bond, or any defect therein, shall not
affect the validity of any proceeding for the redemption of other
Bonds .
The Bonds shall bear interest payable semiannually on each
June 1 and December 1, commencing December 1, 1984, as follows:
Amount Interest Rate
$100, 000 7 . 50%
100, 000 8. 00%
100, 000 8. 50%
100, 000 9 . 00%
100, 000 9 . 25%
100, 000 9. 50%
100, 000 9 . 75%
100, 000 10 . 00%
100, 000 10 . 25%
100, 000 10. 50%
The principal of and interest on said Bonds shall be payable
at Union Colony Bank, in Greeley, Colorado.
Section 2 . Paying Agent and Bond Registrar. The principal
of the Bonds shall be payable in lawful money of the United
States of America at Union Colony Bank, Greeley, Colorado, (the
"Bond Registrar" ) or its successor, to the Registered Owner of
each Bond upon presentation thereof . Notwithstanding anything
contained in this Ordinance to the contrary, interest on the
Bonds shall be payable to the person in whose name such Bond is
registered, at his or her address as it appears on the
registration books maintained by or on behalf of the County, at
the close of business on the Record Date, such date being the
fifteenth (15th) day of the calendar month next preceding the
interest payment date, irrespective of any transfer or exchange
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of such Bond subsequent to such Record Date and prior to such
interest payment date . Such payment shall be made by check or
draft of the Bond Registrar.
Section 3 . Execution of Bonds . The Bonds shall be signed
with the facsimile signature of the Chairman of the Board of
County Commissioners, sealed with a facsimile of the seal of the
County, countersigned by the facsimile signature of the County
Treasurer, attested by the manual signature of the County Clerk
and Recorder and the manual signature of an officer of the Bond
Registrar.
The Bonds bearing the signatures of the officers in office
at the time of the signing thereof, shall be the valid and
binding obligations of the County, notwithstanding that before
the delivery thereof and payment therefor, any or all of the
persons whose signatures appear thereon shall have ceased to fill
their respective offices .
Section 4 . Form of Bonds . The Bonds shall be in
substantially the following form:
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[Form of Bond]
(Text of Face)
UNITED STATES OF AMERICA
STATE OF COLORADO COUNTY OF WELD
LOCAL IMPROVEMENT DISTRICT NO. 1984-1
SPECIAL ASSESSMENT BOND
NO. R-
$5, 000
ORIGINAL CUSIP
INTEREST RATE MATURITY DATE ISSUE. DATE NUMBER
June 1, 1994 May 1, 1984
REGISTERED OWNER:
PRINCIPAL SUM: ,/FIVE THOUSAND DOLLARS
The County of Weld, in the State of Colorado, for value
received, hereby promises to pay, solely out of the special fund
hereinafter designated, but not otherwise, to the Registered
Owner (specified above) , or registered assigns, the Principal Sum
(specified above) , in lawful money of the United States of
America, on the Maturity Date (specified above) , and in like
manner to pay interest on such Principal Sum (computed on the
basis of a 360-day year or twelve 30-day months) from the date
hereof to the Maturity Date at the per annum Interest Rate
(specified above) , payable semiannually on the first day of June
and the first day of December each year, commencing on December
1, 1984 or on the first such date after the date hereof,
whichever is later, in the manner provided herein, until such
Principal Sum is paid, unless this Bond shall have been
previously called for redemption and payment shall have been duly
made or provided for. Principal of this Bond is payable in
lawful money of the United States of America at Union Colony
Bank, Greeley, Colorado, as bond registrar and paying agent (the
"Bond Registrar" ) .
Payment of each installment of interest shall be made to the
Registered Owner whose name shall appear on the registration
books of the County maintained by the Bond Registrar at the close
of business on Vie fifteenth (15th) day of the calendar month
next preceding the interest payment date and shall be paid by
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check or draft of the Bond Registrar mailed to such Registered
Owner at his or her address at it appears on such registration
books or at such other address as may be furnished in writing by
such Registered Owner to the Bond Registrar.
This Bond is subject to call and redemption in direct
numerical order of the issue of which it is one, on any interest
payment date, upon payment of par and accrued interest to the
date of redemption.
This Bond is one of a series issued for the purpose of
paying the costs of the construction and installation of local
improvements in the Local Improvement District No. 1984-1, within
Weld County, Colorado, by virtue of and in full conformity with
the Constitution and Laws of the State of Colorado, the home rule
charter of the County and an Ordinance of the County duly adopted
and approved, by the Board of County Commissioners of Weld County
prior to the issuance hereof .
Payment of this Bond and the interest thereon shall be made
only from, and as security for such payment there is pledged, a
special fund designated as the "Local Improvement District No.
1984-1 Bond and Interest Fund" which Fund shall contain initially
capitalized interest in the amount of $53, 813, any moneys in the
construction account remaining after the cost of improvements has
been paid in full and thereafter to contain the moneys collected
on account of the assessments to be levied against the property
included within the District and specially benefitted by the
construction and installation of improvements therein.
It is hereby certified and recited that the total issue of
bonds of the County for the District, including this Bond, does
not exceed the amount authorized by law; that every requirement
of law relating to the creation of Local Improvement District No.
1984-1, the construction of said local improvements and the
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issuance of this, Bond has been fully complied with by the proper
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officers of the County, and that all conditions required to exist
and things required to be done precedent to and in the issuance
of this Bond to render the same lawful and valid, have happened,
been properly done and performed, and did exist in regular and
due time, form and manner, as required by law.
This obligation is not to be considered or taken to be
within or any part of the limitation imposed by law as to the
indebtedness of Weld County, and shall not be a general
obligation of Weld county. However, whenever three-fourths ( 3/4)
of the Bonds have been paid and cancelled and, for any reason,
the remaining assessments are not paid in time to pay the
remaining Bonds for the District and the interest due thereon,
Weld County shall pay the Bonds when due and the interest due
thereon and shall reimburse itself by collecting the unpaid
assessments due the District.
For the payment of this Bond and the interest thereon, the
County pledges all of its lawful corporate powers .
REFERENCE IS HEREBY MADE TO FURTHER PROVISIONS OF THIS BOND
SET FORTH ON THE REVERSE HEREOF WHICH FURTHER PROVISIONS SHALL
FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF FULLY SET FORTH
HEREIN.
(Balance of this page intentionally left blank. )
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IN TESTIMONY WHEREOF, the County of Weld has caused this
Bond to be signed with the facsimile signature of the Chairman of
the Board of County Commissioners, countersigned by the facsimile
signature of the County Treasurer, attested by the manual
signature of the County Clerk and Recorder, and sealed with a
facsimile of the corporate seal of the County, all as of the 1st
day of May, 1984 .
WELD COUNTY, COLORADO
(FACSIMILE)
( SEAL ) BY: P�EQ WEN)
�
C airman
Board of County Commissioners
ATTEST: COUNTERSIGN:
SPECIMEN 7FP Q 57LjlTdt'u2e)
County Clerk and Recorder County Treasurer
(Form of Bond Registrar ' s Certificate of Authentication)
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds of the issue described in the
within mentioned Bond Ordinance . Printed on the reverse hereof
is the complete text of the opinion of Bond Counsel, Erick D.
Stowe, A Professional Corporation, Denver, Colorado, a signed
copy of which, dated the date of original issuance of the Bonds
therein described, is on file with the undersigned.
DATE OF REGISTRATION
AND AUTHENTICATION
UNION COLONY BANK
as Bond Registrar
By: S RED IM&N) _
Authorize 0 icer
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(Text of Reverse)
ADDITIONAL PROVISIONS
When the Bonds are called for redemption, notice thereof
identifying the Bonds to be redeemed shall be given by the Bond
Registrar by advertisement once in some newspaper of general
circulation in Weld County and by mailing a copy of the
redemption notice by first-class mail (postage paid) , both
notices to be published or mailed, as the case may be, thirty
(30 ) days prior to the date fixed for redemption to the
Registered Owner of each Bond to be redeemed in whole at the
address shown on the registration books maintained by the Bond
Registrar. If the date of publication or mailing (the thirtieth
( 30th) day prior to the date fixed for redemption of the Bonds )
is a Sunday or a legal holiday or a day on which publication or
mailing cannot take place, then such publication or mailing need
not be made on such date but may be made on the next succeeding
business day which is not a Sunday or a legal holiday or a day on
which such publication or mailing cannot take place with the same
force and effect as if made on the thirtieth (30th) day prior to
the date fixed for redemption of each Bond to be redeemed. The
notice shall specify by number the Bonds so called, and all such
Bonds shall be paid in their numerical order. All Bonds so
called for redemption will cease to bear interest at the
expiration of thirty (30) days from the date of publication of
the notice. Failure to give such notice by mailing to any
Registered Owner of any Bond, or any defect therein, shall not
affect the validity of any proceeding for the redemption of other
Bonds.
If the date for payment of the principal of or interest on
this Bond shall be a Saturday, Sunday, legal holiday or a day on
which banking institutions in the city where the corporate trust
office of the Bond Registrar is located or authorized by law or
executive order to close, then the date for such payment shall be
the next succeedin? business day which is not a Saturday, Sunday,
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legal holiday or a day on which such banking institutions are
authorized to close, and payment on such date shall have the same
force and effect as if made on the nominal date of payment.
The Bonds are issuable only in the form of registered bonds
without coupons in the denomination of $5, 000 each. The County
and the Bond Registrar shall not be required (a) to issue or
transfer any Bonds during a period beginning at the opening of
business on the fifteenth ( 15th) day of the calendar month next
preceding any interest payment date or during the period
beginning on any date of selection of Bonds to be redeemed and
ending at the close of business on the interest payment date or
day on which the applicable notice of redemption is given or (b)
to transfer any Bonds selected or called for redemption in whole
or in part. The County and the Bond Registrar may deem and treat
the Registered Owner hereof as the absolute owner hereof (whether
or not this Bond shall be overdue) for the purpose of receiving
payment of or on account of principal hereof and interest due
hereon and for all other purposes, and neither the County nor the
Bond Registrar shall be affected by any notice to the contrary.
The Bond is transferable by the Registered Owner hereof in person
or by his or her attorney duly authorized in writing, at the
principal office of the Bond Registrar, but only in the manner,
subject to the limitations and upon payment of the charges
provided in the Bond Ordinance, and upon surrender and
cancellation of this Bond. Upon such transfer a new Bond or
Bonds of the same maturity and of authorized denomination or
denominations, for the same aggregate principal amount, will be
issued to the transferee in exchange therefor. Bonds may be
transferred upon the registration books upon delivery of the
Bonds to the Bond Registrar, accompanied by a written instrument
or instruments of transfer in form and with guaranty of signature
satisfactory to the County and the Bond Registrar, duly executed
by the owner of the Bonds to be transferred or his or her
attorney-in-fact or legal representative, containing written
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instructions as to the details of the transfer of such Bonds,
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along with the social security number or federal employer
identification number of such transferee and, if such transferee
is a trust, the names and social security numbers of the settlor
or settlors and beneficiary or beneficiaries of the trust.
Transfer shall be made at the expense of the County, and the Bond
Registrar may also require payment of a sum sufficient to defray
any tax or other governmental charge that may hereafter be
imposed in connection with any transfer of the Bonds . In all
cases of transfer ofa Bond, the Bond Registrar shall enter the
transfer of ownership in the registration books and shall
authenticate and deliver in the name of the transferee or
transferees a new fully registered bond in the same denomination,
of the same maturity, sequential number, and interest rate for
the principal amount which the Registered Owner is entitled to
receive at the earliest practicable time. The sequential numbers
shall remain the same (i.e . , R-1 will be reissued as R-1A, then
R-1B, etc. ) following each transfer of ownership and all Bonds
shall be issued only in the denominations of $5, 000 each.
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(Form of Transfer)
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and
transfers unto
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF ASSIGNEE
(Name and Address of Assignee)
the within Bond and does hereby irrevocably constitute and
appoint the Union Colony Bank or its successor as Bond Registrar
to transfer the said Bond on the books kept for registration
thereof with full power of substitution in the premises .
Dated:
Signature guaranteed:
(Bank, Trust Company or Firm)
SPECIMEN
NOTICE: The signature to this assignment
must correspond with the name of the
Registered Owner as it appears upon the
face of the within Bond in every
particular, without alteration or
enlargement or any change whatever.
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Section 5 . Authentication. No Bond shall be valid or
obligatory for any purpose or be entitled to any security or
benefit under this Ordinance unless and until a certificate of
authentication on such Bond substantially in the form hereinabove
set forth shall have been duly executed by the Bond Registrar,
and such executed certificate of Bond Registrar upon any such
Bond shall be conclusive evidence that such Bond has been
authenticated and delivered under this Ordinance . The Bond
Registrar ' s certificate of authentication on the Bond shall be
deemed to have been executed by it if signed by an authorized
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officer or signatory of the Bond Registrar, but it shall not be
necessary that the same officer or signatory sign the certificate
of authentication on all the Bonds issued hereunder.
Section 6 . Delivery of Bonds . Upon the execution and
delivery of this Ordinance, the County shall execute and deliver
to the Bond Registrar, and the Bond Registrar shall authenticate
the Bonds and deliver them to the purchasers thereof as directed
by the County.
Section 7 . Registration and Transfer of Bonds ; Persons
Treated as Owners .
(a) The Bond Registrar shall maintain the books of the
County for the registration of ownership of each Bond as provided
in this Ordinance. The Bond Registrar shall accept a Bond for
registration of ownership only if ownership thereof is to be
registered in the name of an individual, a corporation, a
partnership or a trust, and only upon receipt of the name and
address of each owner, the social security number of each
individual, the tax identification number of each corporation,
partnership or trust and the social security numbers of the
settlor or settlors or beneficiary or beneficiaries of each
trust.
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(b) Bonds may be transferred upon the registration books
upon delivery of the Bonds to the Bond Registrar, accompanied by
a written instrument or instruments of transfer in form and with
guaranty of signature satisfactory to the County and the Bond
Registrar, duly executed by the Registered Owner of the Bonds to
be transferred or his or her attorney-in-fact or legal
representative, containing written instructions as to the details
of the transfer of such Bonds, along with the social security
number or federal employer identification number of such
transferee and, if such transferee is a trust, the names and
social security numbers of the settlor or settlors and the
beneficiary or beneficiaries of the trust. In the event that a
Bond is to be registered in the name of a nominee, the requisite
information shall be provided for the principal rather than such
nominee. No transfer of any Bond shall be effective until
entered on the registration books .
(c) In all cases of the transfer of a Bond, the Bond
Registrar shall enter the transfer of ownership in the
registration books and shall authenticate and deliver in the name
of the transferee or transferees a new fully registered Bond in
the denomination of $5, 000, of the same maturity, sequential
number and interest rate, which the Registered Owner is entitled
to receive at the earliest practicable time in accordance with
the provisions of this Ordinance . Transfer shall be made at the
expense of the County, and the Bond Registrar may also require
payment of a sum sufficient to defray any tax or other
governmental charge that may hereafter be imposed in connection
with any transfer of the Bonds .
(d) The County and the Bond Registrar shall not be required
(i ) to issue or transfer any Bonds during a period beginning at
the close of business on the fifteenth (15th) day of the calendar
month next preceding either any interest payment date or any date
of selection of Bonds to be redeemed and ending at the close of
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business on the interest payment date or day on which the
applicable notice of redemption is given, or (ii) to transfer any
Bonds selected or called for redemption in whole or in part.
(e ) New Bonds delivered upon any transfer shall be valid
special obligations of the County, evidencing the same payment as
the Bonds surrendered, shall be secured by this Ordinance and
shall be entitled to all of the security and benefits hereof to
the same extent as the Bonds surrendered.
(f) The County, the Bond Registrar and any additional
paying agent or bond registrar may treat the Registered Owner of
any Bond as the absolute owner thereof for all purposes, whether
or not such Bond shall be overdue and any notice to the contrary
shall not be binding upon the County or the Bond Registrar.
Section 8. Destruction of Bonds . Whenever any Bonds shall
be delivered to the Bond Registrar for cancellation pursuant to
this Ordinance and upon payment of the principal amount and
interest represented thereby or for transfer, such Bonds shall be
cancelled and destroyed by the Bond Registrar and counterparts of
a certificate of destruction evidencing such destruction shall be
furnished by the Bond Registrar to the County.
Section 9 . Application of Bond Proceeds . The proceeds of
the Bonds shall be applied only to pay the costs and expenses of
constructing the improvements in the District and all other costs
and expenses incident thereto. Neither the purchaser of the
Bonds nor the Registered Owner of any of them shall be in any way
responsible for the application of the proceeds of said Bonds by
the County or any of its officers. In the event that all of the
proceeds of said Bonds are not required to pay such costs and
expenses, any remaining amount shall be used for the purpose of
calling in and paying the principal of and interest on said
Bonds . +
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All or any portion of the Bond proceeds may be temporarily
invested, or reinvested, pending such use, in securities or
obligations which are lawful investments for counties in the
State of Colorado. It is hereby covenanted and agreed by the
County 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 of the County shall
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, rulings, and decisions and such proceeds,
if so invested or reinvested, shall be subject to the limitations
and restrictions of said Section 103 (c) , and pertinent
regulations, rulings and decisions as the same now exists or may
later be amended.
Section 10 . Local Improvement District No. 1984-1 Bond and
Interest Fund. The Bonds and the interest thereon shall be
payable solely from the local improvement fund, designated as the
"Local Improvement District No. 1984-1 Bond and Interest Fund, "
which shall contain initially capitalized interest in the amount
of $53, 813, any moneys in the construction account remaining
after the total cost of improvements has been paid in full and
thereafter to contain the moneys collected on account of the
assessments to be levied against the property within the District
and specifically benefitted by the construction of improvements
therein. Whenever the County Treasurer has funds in the treasury
to the credit of the Bond and Interest Fund exceeding six months '
interest on the unpaid principal of the Bonds issued and
outstanding, the County shall call for payment on the next
interest payment date, outstanding Bonds in direct numerical
order with funds available therefor.
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After the expiration of the period for cash payments of
assessments in full, the County shall, to the extent possible,
pay each year not less than 10% of the total amount of Bonds
outstanding after the payment of the Bonds with the proceeds of
such cash payments of assessments in full .
Section 11. Assessment of Costs; Special and General
Benefits . Upon completion of the local improvements in the
District, or upon completion from time to time of any part
thereof, or whenever the total costs can be definitely
ascertained, the Board of County Commissioners shall cause to be
prepared a statement showing the whole cost of the improvements,
the portion thereof to be paid by the County, if any, and
apportion the cost to be assessed for the construction of the
improvements . The Board of County Commissioners has and hereby
finds and determines that the improvements proposed to be
constructed and installed will confer general benefit upon the
County and the inhabitants and residents thereof by constructing
an improved Weld County Road 5 capable of handling heavy truck
traffic so as to limit traffic on the southern two (2 ) miles of
Weld County Road 7 and reducing traffic hazard to persons living
along Weld County Road 7 and the damage to the currently improved
surface of said road, and, pursuant to C.R.S. 30-20-606, that the
property of Colorado Landfill, Inc . described in Exhibit B
attached hereto, will specially benefit from the proposed
improvements based on the following facts :
(a) The market value of the property will increase; and
(b) The proposed improvements will adapt the property to a
more profitable use; and
(c) The proposed improvements will facilitate access to the
property of the Company described in Exhibit B attached hereto
and thereby increase the convenience of use of said property.
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Based on the foregoing, all of the costs of the construction
of improvements shall be assessed against the property of the
Company described in Exhibit B attached hereto. The Board of
County Commissioners covenants that it will cause assessments to
be levied against the property of the Company included within the
District, and specially benefitted by the construction and
installation of such improvements, in accordance with law.
Section 12. Unpaid Assessments . Notwithstanding anything
else contained in the Resolution, whenever three-fourths (3/4) of
the Bonds have been paid and cancelled and, for any reason, the
remaining assessments are not paid in time to pay the remaining
Bonds for the District and the interest due thereon, Weld County
shall pay the Bonds when due and the interest due thereon and
shall reimburse itself by collecting the unpaid assessments due
the District.
Section 13 . Ordinance Irrepealable. After the Bonds
authorized herein are issued and sold and are outstanding, this
Ordinance shall be and remain irrepealable, until all of the
Bonds and the interest thereon shall be fully paid, satisfied and
discharged.
Section 14 . Validity and Severability. If any section,
subsection, paragraph, sentence, clause or phrase of this
Ordinance is, for any reason, held or decided to be invalid or
unconstitutional, such decision shall not affect the validity of
the remaining portions .
The Board of County Commissioners of Weld County, Colorado,
hereby declares that it would have passed this Ordinance and each
and every section, subsection, paragraph, sentence, clause and
phrase irrespective of the fact that any one or more sections,
subsections, paragraphs, sentences, clauses or phrases might be
declared to be unconstitutional or invalid.
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Section 15. Emergency. It is hereby found, determined and
declared that this Ordinance is necessary to the immediate
preservation of the public health and safety and shall be
effective upon adoption to thus enable the financing of the
improvements contemplated by the issuance of the Bonds and
authorized herein. The improvements authorized herein will
accomplish the general public benefits set forth in Section 11 of
this Ordinance and need to be completed during the 1984
construction season. In the opinion of the Underwriters, in
order to successfully accomplish the financing and the completion
of the improvements, the issuance and delivery of the Bonds must
take place on or about May 7, 1984 which delivery date
necessitates the passage of this Ordinance as an emergency
ordinance.
Section 16. Effective Date . This Ordinance shall take
effect upon enactment, as provided by Section 3-14 (6) of the Weld
County Home Rule Charter.
The above and foregoing Ordinance No. 126 was, on motion
duly made and seconded, adopted by the following vote on the 2nd
day of April, 1984 .
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board
/s/
Norman Carlson, Chairman
By: /,/
Deputy County Clerk /s/
Jacqueline Johnson, Pro-Tem
APPROVED AS TO' FORM: /s/
Gene R. Brantner
/s/ EXCUSED
Assistant County Attorney Chuck Carlson
/t/
John T. Martin
Read and enacted: April 2 , 1984
Published: April 5 , 1984
Effective date: April 10 , 1984
t
-42-
EXHIBIT A
Improvement District: W 40 ' of Sec. 28 , T1N, R68W /
E 40 ' of Sec. 29 , T1N, R68W / W 40 ' of the N' of the
NWq and the W 40 ' of the N1 S1 of the NW; Sec. 33, T1N,
R68W / W 80 ' of the S' SWq NWa and the W 80 ' of the SW;
Sec. 33, T1N, R68W / E 40 ' of the S' NEa Sec. 32 , T1N,
R68W / E 40 ' of the NEq NEq Sec. 32 , T1N, R68W, all in
relation to the 6th Principal Meridian, Weld County,
Colorado.
N 30 ' of the NEa NEa Sec. 29, T1N, R68W / S 30 ' of the
SE4 SEa Sec. 20, T1N, R68W / S 30 ' of the W 40 ' of the
SWq Sec. 21 , T1N, R68W, all in relation to the 6th Prin-
cipal Meridian, Weld County, Colorado.
E? NWa and the W' NEa Sec. 29 , T1N, R68W of the 6th Prin-
cipal Meridian, Weld County, Colorado.
EXHIBIT B
E' NA' and the W1 NE; Sec. 29 , T1N, R68W of the 6th
Principal Meridian, Weld County, Colorado.
STATE OF COLORADO )
)ss .
COUNTY OF WELD ) CERTIFICATE RELATING TO
THE ESTIMATE OF COSTS
I, Donald D. Warden, Director of Finance and Administration
of the County of Weld, Colorado, hereby certify that the estimate
of costs for Local Improvement District No. 1984-1 , in the County
5
of Weld, is as follows : 6
V`
COST: 7
(a) Construction, Including Contingencies $ 970 ,587
(b) Engineering, Right-of-Way and Cost $ 88 ,900
of Moving Utilities $
(c) County Inspections 00
$ 8 ,955 ,000
(d) Capitalized Interest 3,810
13
(e) Underwriting Discount $ 5 400 9
,
(f) Issuing Expenses $1111,700
15 7 7
(g) Total 00
SOURCE OF FUNDS : $1 000
(h) Bond Issue Par Amount ,0000,
(i) Cash Contribution by County $ 175 ,000
(j) Total $1 ,172 00
That the total amount of bonds for Local Improvement 1
District No. 1984-1 does not exceed the estimated cost and '
expense of the improvements to be constructed and installed
within the District, or any other limitations imposed by law.
IN WITNESS WHEREOF, I have hereunto subscribed my name this
t � day of May, 1984.
rec r nce
!! and Administration
{
r
6 -43-
STATE OF COLORADO )
) ss . GENERAL INCUMBANCY
COUNTY OF WELD ) CERTIFICATE
Each of the undersigned hereby certify as follows :
1 . That they are, respectively, the duly elected or
appointed, and qualified Chairman Pro Tem and Clerk of the Board
of County Commissioners, Weld County, Colorado.
2 . That Weld County, Colorado is a county duly organized and existing under the provisions of the Constitution and Laws of 6
the State of Colorado and the Weld County Home Rule Charter and 7
that the County became a Home Rule County in the year 1975 .
8
3. That for the period from January 25, 1984, to and
a
including the date of this affidavit, the following have been and
now are the duly elected or appointed and qualified officers or
,
members of the Board of County Commissioners, Weld County,
Colorado: ,
Chairman: Norman Carlson
Pro Tem: Jacqueline Johnson •
Commissioners : Gene R. Brantner
Chuck Carlson
John T. Martin
Treasurer: F.M. Loustalet
Clerk & Recorder and
Clerk to the Board: Mary Ann Feuerstein
Director of Finance
and Administration: Donald D. Warden
Assistant County Attorney: I Lee D. Morrison
4. That Facsimile Signature Certificates containing the
manual signatures of the Chairman and the County Treasurer and a
sample of the seal of the County, were duly filed with the
Secretary of State, State of Colorado, as required by law, and a
copy of each document is attached hereto.
IN WITNESS WHEREOF, we have hereunto subscribed our names
and affixed the official seal of the County of Weld, Colorado
this 3RD day of May, 1984 .
( S E A L )
7/10, a Lw.t., ( tttc,c; t.:, � \.. . .
County Jerk an. Recorder C rman P .o em
and C rk to the Board
-44-
i
t 's te'�_ 1`'�F-y�x+n.F-a2 G �'.' a i-, .!�'.w-.. w y'r"' z a •r4'°-.+ar�..j'`-'
"`b"FS T" r " LW._ Y�£FI&rtai,fry ,..;''"-':vc- '-M ''
*''�,3* -9X: ,.. +...Fi- _ u.. - '�" _ -�.-z�5E�y$f4� -- 'xt �-• Fk
.+i � 4"'s7 '• �F ".z�`ilr..�_„�.. •
aa — - .. ;..
x '�a"�a.°rA^�K+.4."' �. R_ ♦ -}-^_4 `-. w .-fir-" 7 ms's.
sr
�.. s
K i sy�.a.mr Mrs w �i� �i . .� �aEfaa6 ^.^r ...+-m. :-bg.a -••#'rt.cr'+ 1� .nom
Jir
Ia.-i c.a:.+ww•.e •
+�-
- . �... ._ .. a-. _.... � ..
Pursuant to the Ordinance authorizing the issuance of the
ids, whenever three-fourths ( 3/4ths ) of the Bonds of this issue
re been paid and cancelled, and for any reason, the remaining
;essments are not paid in time to take up the remaining Bonds
the interest thereon, then the County shall pay said Bonds
an due and the interest due thereon and reimburse itself by
Electing the unpaid assessments due the District ;
3 . The obligations incurred by the County in issuing the
ids are subject to: the Federal Bankruptcy Code and applicable
ikruptcy, insolvency, reorganization, moratorium, or similar
s relating to or affecting the enforcement of creditors '
•hts generally, now or hereafter in effect ; usual equity
nciples which may limit the specific enforcement under State
of certain remedies ; the exercise by the United States of
rica of the powers delegated to it by the Federal
-stitution; and the reasonable and necessary exercise, in
tam exceptional situations, of the police power inherent in
sovereignty of the State of Colorado and its governmental
lies, in the interest of serving an important public purpose;
4 . The Bonds are not arbitrage bonds and interest on the
ds is exempt from taxation by the United States of America
er the laws and regulations of the United States of America as
sently enacted and construed; and that such interest is
ther exempt from Colorado income taxes under present laws of
State of Colorado.
14
15
cancrauc, teinrcui, Inc. Among the benetits Of the road i3
on of heavy truck traffic to a highway designed for the weight and types of vehicles
uent the site. In addition, the road will alleviate problems associated with trucks
r Ranch Eggs Estate, a residential area, and will divert the traffic going into the
oad in a less populated area.
----,
'u'M° I- +c '� .�nh$ "�, s--w. .-.0 - -
F X rM ' i.�°w.�, .19 '1-`F9Si�.6n'�.'a - "^ r^L-s}* re^
«.fit" -`' ^'srtn*
}35.31 t..'S y y��- a,+.y "' aFo- .w- --.o.�� RAF Ct "�°PG�x 1ivip,�♦ k ''. Xis
r r.....„ b`
�^#' i�.)rs �� 4A;ifi^*u'°a —._'"'T�3.:.` ..,,p,,ig� .•.s�. �� w r Z'"- d�� ;{f-"P� � }
:aR 67-44�.Sf✓:T KJ'.` M=.t.
eyy _67-447%-;;r:
sue- +.
fete was‘tit( `wartft -'un7 -'s.,.�r- ��$�° :✓.rx_�a .su..n- „`""'°T ,,,,i t
•
•
)yr�w.uw+:lue_,.,ws
Pursuant to the Ordinance authorizing the issuance of the
ids, whenever three-fourths ( 3/4ths ) of the Bonds of this issue
re been paid and cancelled, and for any reason, the remaining
;essments are not paid in time to take up the remaining Bonds
the interest thereon, then the County shall pay said Bonds
3n due and the interest due thereon and reimburse itself by
Llecting the unpaid assessments due the District ;
3 . The obligations incurred by the County in issuing the
;ds are subject to: the Federal Bankruptcy Code and applicable
-kruptcy, insolvency, reorganization, moratorium, or similar
7s relating to or affecting the enforcement of creditors '
Thts generally, now or hereafter in effect ; usual equity
nciples which may limit the specific enforcement under State
1 of certain remedies ; the exercise by the United States of
:rica of the powers delegated to it by the Federal
:stitution; and the reasonable and necessary exercise, in
tain exceptional situations, of the police power inherent in
sovereignty of the State of Colorado and its governmental
des, in the interest of serving an important public purpose ;
4 . The Bonds are not arbitrage bonds and interest on the
ds is exempt from taxation by the United States of America
er the laws and regulations of the United States of America as
sently enacted and construed; and that such interest is
ther exempt from Colorado income taxes under present laws of
State of Colorado.
� f� zC ) 2-07
14
15
w neat a�R.] -upciatw uy Len Ki ni, Inc. nmong the benetits Or the rdad 1s
on of heavy truck traffic to a highway designed for the weight and types of vehicles
uent the site. In addition, the road will alleviate problems associated with trucks
it Ranch Eggs Estate, a residential area, and will divert the traffic going into the
oad in a less populated area.
�,.4E�� '" P ':s •'sste sx .'��y° -SSK a,.�¢,�5 •.�'S't +.,,nm j^ zz"�0(0 F4, Sg dkE r'4,i ,•
; ! E- iwn�""I tneXtr •Vti.t ' t r 9k• ' ."I q�")F ii k^�X W�rrjr •� j 0� � tT u
. .., s ['. § a. �.,gT4,a „fFacrs' .aa�*G₹".,e' , t RII �.. •"ti z NCx 4 k_
ERICK D. STOWE
A PROrr SSIONAL CORPORATION
ATTORNLYS AT LAW
ERICK D.STOWE 1606 SOUTH UNIVERSIT BOULEVARD IN ASSOCIATION WITH
L OLICINSED m Cow+ADO DENVER,COLORADO 80210-2890 IM TH I.SAW of
AND WYOMING TIMOTHY L
TEL F.PHONE (303) 698-2423 LOS ANGELES.C-A LIFORNIA
May 3 , 1984 (213) 704-0195
TIMOTHY I.SAW
DAVID F.CON DE E K
Prudential-Bache Securities Inc. LISA A.WOOL
5675 South DTC Boulevard
Englewood , Colorado 80111 u+IF I,MNA AL, I .N,fD
Oulr
Board of County Commissioners
Weld County
Post Office Box C
Greeley, Colorado 80632
Re : Weld County, Colorado
Local Improvement District No. 1984-1
Special Assessment Bonds - $1 ,000 ,000
Dated May 1 , 1984
Ladies and Gentlemen :
THIS IS TO CERTIFY that we have examined a certified copy of
the record of proceedings of the Board of County Commissioners of
Weld County, Colorado, in connection with the creation of Local
Improvement District No. 1984-1 in the County, and the proceed-
ings taken preliminary to the issuance by the County of its
Special Assessment Bonds for Local Improvement District
No. 1984-1 , in the principal amount of $1 ,000,000 ;
Dated May 1 , 1984 ;
Maturing on June 1 , 1994, subject to call and
redemption in direct numerical order on any interest �A
payment date prior to maturity; '.F
Bearing interest payable on each June 1 and December 1 , ��
commencing December 1 , 1984, as follows :
Bond Numbers Amount Interest Rate
1-20 , incl . $100 ,000 7 .50%
21-40, incl. 100,000 8 .00%
41-60, incl. 100 ,000 8 .50%
61-80, incl. 100,000 9.00%
81-100, incl. 100 ,000 9 .25%
101-120, incl . 100,000 9 .50%
121-140, incl . 100 ,000 9 .75%
141-160, incl . 100,000 10.00%
161-180, incl. 100 ,000 10 .25%
181-200, incl. 100,000 10 .50%
I+y VW ICU alto-0perareccry"'C nJfduu Latiu1111, IPA,. Among the benefits of the road is
iversion of heavy truck traffic to a highway designed for the weight and types of vehicles
frequent the site. In addition, the road will alleviate problems associated with trucks
g near Ranch Eggs Estate, a residential area, and will divert the traffic going into the
o a road in a less populated area.
HE OPINION OF RONfI COUNSEL, INTrvEcT ON 'I'fIf' RONh9 IS PxfMlr"t fftuM
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AWE' •447-11 �r . riid i4l✓l111'1� i r ,rf 171111-• •J lr/j Itlt 0,--`�/'1x1111 <f1Ejd 1/t t ,r.r4lita al�7//41�4R. _
+ 4 ! s i /! w r( Lee r. 1^ _ /it,��f ( q`li.: l ‘VA i1tt��E I �lllltdl:���/ I�y 'P'<���1 lt, ____ -_..2-
knrr�;+<4a�tl),.AVh x,INorq,r<
IN THE OPINION OF BOND COUNSEL, INTEREST ON THE BONDS IS EXEMPT FROM
TAXATION UNDER PRESENT FEDERAL INCOME TAX LAWS AND ALL PERTINENT
IREXEMPTI FROM COLORADO INCOME D DECISIONS
UNDL'R PRESENT LAWS OF THE STATE IS R
MEMBER SECURITIES INVESTOR PROTECTION CORPORATION
MEMBER NATIONAL ASSOCIATION OF SECURITIES DEALERS t I
i
n facts developed by ue through our o n roves igationh and
appropriate.eCertain
NOOM Is or hell been meteoric to make any represents or give any Intormetlan concerning the eecurlty herein deecrlbetl or the Issuer theh reofry of
other
Mann Cons Mad herein.The nformatlon developers.
presented herein le based upo appraisers,auepost and ere appro ';
the own on of expert!.namely aCCOUOtnte,app
, artytpaa Ot the
teWar end u,dud^Md�lnta�p elected&tic ale,munlclpal officers,and memberoop
rtrvmatiart n Oraaantd' �, r
STATE OF COLORADO )
) ss .
COUNTY OF WELD ) DELIVERY CERTIFICATE
IT IS HEREBY CERTIFIED by the undersigned , the duly
qualified and acting County Treasurer of the County of Weld,
Colorado, that Special Assessment Bonds of Weld County , Colorado,
for the Weld County Local Improvement District No. 1984-1 , dated
May 1 , 1984, in the principal amount of $1 ,000,000, were duly
delivered to Prudential-Bache Securities , Inc. , Anderson
DeMonbrun Inc . Division, Denver, Colorado, together with accrued
interest to the date set forth below, as follows :
• Principal Amount: $1 ,000,000
Less Discount : yS;oao
Total a eee.
And it is further certified that the statements made in the
Affidavits and Certificates appearing at pages 43 to 52, 11
inclusive, concerning the County and the above bonds, including 12
but not limited to provisions therein relating to officers of the
Board of County Commissioners and their signatures and to the 12
absence of any litigation regarding the County, its officers or 1/
the above bonds , remain true and correct to and including the
date of this Certificate, the same as if executed and dated on
said date; and each of the paragraphs therein set forth is
incorporated herein by specific reference.
DATED at Greeley, Colorado, this —1 day of y , 1984.
Treasurer
r
-53-
STATE OF COLORADO )
ss.
COUNTY OF WELD ) CERTIFICATE OF BOND
REGISTRAR
I , the undersigned, hereby certify as follows:
1 . Union Colony Bank, Greeley , Colorado, (the "Bank") has
been designated as the Bond Registrar for the issue of Special
Assessment Bonds of the County of Weld , Colorado, for the Weld
County Local Improvement District No. 1984-1 , dated May 1 , 1984,
in the principal amount of $1 ,000,000 (the "Bonds") ;
2. On or before the date hereof, the Bank did execute the
Certificate of Authentication appearing on each of the Bonds by
•
the signature of an Authorized Officer;
3. That each individual whose signature appears on the
Certificate of Authentication is duly authorized to act as an
Authorized Officer of the Bank.
12
IN WITNESS WHEREOF, I have hereunto subscribed my name and
affixed the seal of the Bank, this 15e- day of May, 1984. 13
14
(BANK SEAL) Union Colony Bank
aY J aX
Offic : it-r_.c./L-/ 4- 7/1 ,/
-54-
(Attach copy of Facsimile Signature Certificates of the
Chairman, and County Treasurer as filed with the
Secretary of State, State of Colorado)
7
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i�MmNi
DEPARTMENT OF lg76
STATE
UNITED STATES OF Al11ERICA,1 Ss. CERTIFICATE.
STATE OF COLORADO.
Jf
NATALIE MEYER, Ye 1 7
Plate nig roi eth /text cA4 duvet $
the attach
ed is a true and exact copy of the Certified Signature of 8
NORMAN CARLSON 9
AS 1
CHAIRMAN, BOARD OF WELD 1
COUNTY COMMISSIONERS
as filed in this office on November 15, 1979 1
........ . .... .. ................ .NTESTMONI FEREOF fAlref t ienb feign eaft
Mav ,f( 11,9_814
.L^•LPL nt f.i.:r:Z v:': , Yom..{: . `.,•
• SECRETARY OF STATE
D DUTY SECRETARY STATE
•
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J
State of Colorado )
County of Weld )
I hereby certify that the following is the manual
signature of Norman Carlson , Chairman , Board of Weld
County Commissioners.
7
Signed and sealed before me this /rye day of
November, 1979. 8
alga
` Cc" a- end 9
Notary Public 1�
My Commission expires G A.J 02g /93a. 11
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DEPARTMENT OF 1876
STATE
UNITED STATES OF AMERICA,} ss. CERTIFICATE.
STATE OF COLORADO.
I NATALIE MEYER, gentilivi 7
ArA leite nte I ? , 4 ceAGe* did 8
the attached is a true and exact copy of the Certified Signature of
9
FRANCIS M. LOUSTALET 10
AS 11
TREASURER BOARD OF COUNTY
COMMISSIONERS, WELD COUNTY, COLORADO 12
as filed in this office on May 2, 1984 13
14
IN ThSTIMo1M\tIEREOF Sendsth
ietimi andirndali
Si 7 , eAA.ide
l�?� "7n4.edoad 2nd
41871 May efig 1984
412..e./f202,)
SECRETARY OF STATE
DEPUTY SECRETARY STATE
•
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J
STATE OF COLORADO )
) ss . 1\1021994
COUNTY OF WELD )
• INC
• � �TF
Before me, the undersigned authority, personally appeared , •
who, being by me first duly sworn on oath, deposes and says :
1 . That he is the duly and lawfully elected or appointed,
qualified, sworn and acting officer of the Board of County
Commissioners , Weld County, Colorado, as indicated below:
NAME TITLE
Francis M. Loustalet Treasurer 8
(Fill in name of officer exactly as his signature appears below)
anis
2 . That the signature appearing below is my own manually 9
executed signature in the form and manner used to execute all 10
official documents in my official capacity , hereinabove 11
designated.
3 . That hereto affixed is an impression of the official 12
seal of the County of Weld, Colorado, as the same has been 1
authorized and used for official documents .
( S E A L ) 14
lc
SIGNATURE TITLE
2 LL L1# Treasurer
Subscribed and sworn to before me this r-A day of May,
1984. My Commission E.cplres
November 5, 1986
My commission expires
( SEAL ) ott r
Notary Pub is
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,, •
STATE OF COLORADO ) ss .
NO LITIGATION
COUNTY OF WELD CERTIFICATE
The undersigned officers of the Weld County Board of County
Commissioners , Weld County, Colorado, being at the date of this
Certificate about to issue that certain series of registered
Special Assessment Bonds of the County of Weld for Weld County
Local Improvement District No. 1984-1 , Dated May 1 , 1984, in the
principal amount of $1 ,000 ,000 , and being about to receive the
consideration therefor, hereby certify as follows:
1 . That no litigation of any nature is now pending or so
far as is known to the undersigned, threatened, relating to: the
.af►
creation of the Weld County Local Improvement District No. 1984- 9
1 ; the collection of special assessments to be levied against the C
property included within the District; or seeking to restrain or 1.
enjoin the issuance or delivery of said Bonds, or in any manner
questioning the authority or proceedings for the issuance of said 1.
Bonds ; 1
2. That neither the corporate existence of the County, the
present boundaries thereof, nor the rights of the members of the
Board of County Commissioners or the officers of Weld County to
hold their respective offices, is being contested or challenged;
3. That no authority or proceedings for the issuance of
said Bonds has or have been repealed, revoked or rescinded;
4. That the Bonds have not \been heretofore issued under or
pursuant to such proceedings;
5. That, so far as is known to the undersigned nothing
exists to hinder or prevent the County from issuing such Bonds .
I r
-46-
IN WITNESS WHEREOF, the Weld County Board of County
Commissioners , Weld County, Colorado, has caused this Certificate
to be signed by the Chairman Pro Tem, Weld County Clerk and
Recorder and the Assistant County Attorney, and sealed with the
R
seal of the County, this 3 day of May, 1984.
( S E A L )
Mdov��
airma ro Tem
ATTESTED:
7ll'quntty Clerk an Recorder Assistant County At orney 8
4001
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I -47-
STATE OF COLORADO )
) ss.
COUNTY OF WELD ) NO ARBITRAGE CERTIFICATE
1 . In General
1 .1 I, the undersigned, as the Director of Finance and
Administration of the County of Weld, Colorado , (the "Issuer") do
hereby certify that as an officer of the Issuer I am charged
either alone or with others with the responsibility of issuing
and delivering the Issuer' s Special Assessment Bonds for Weld
County Local Improvement District No. 1984-1 , dated May 1 , 1984,
in the principal amount of $1 ,000,000 (the "Bonds") .
1 .2 This Certificate is executed for the purpose of
establishing the reasonable expectations of the Issuer as to 9
future events regarding the Issuer' s Bonds. The Issuer has not 10
been notified of any listing or proposed listing of the Issuer by 11
the Internal Revenue Service as an issuer that may not certify
its bonds. 12
1 . 3 To the best of the undersigned' s knowledge, 1,
information and belief, the expectations contained in this
Certificate are reasonable. 14
1 .4 The facts and estimates in this Certificate are 15
based on representations made by the undersigned. J
2. The Purpose of the Bonds .
2 .1 The Bonds are being issued for the purpose of
providing funds for paying part of the costs of construction and
installing local improvements within the District (the
"Project") .
3. Source and Disbursement Funds .
3.1 The Bonds will be sold to Prudential-Bache
Securities, Inc. , Anderson DeMonbrun Inc. Division, Denver,
Colorado, at a price equal to par plus accrued interest from May
1 , 1984 to the date of this Certificate less a 4-1/29
underwriting discount . Accordingly, the net amount received from
the sale of the Bonds will be $953,37°)/f, and accrued interest
from the date of the Bonds .
-48-
3.2 The par amount received by the Issuer from the
sale of the Bonds will be used to pay part of the costs and
expenses of constructing and installing the Project , or to
reimburse the County for amounts previously paid, as follows :
COST:
(a) Construction, Including Contingencies $ 970,587
(b) Engineering, Right-of-Way and Cost
of Moving Utilities $ 88 ,900
(c) County Inspections $ 5 ,000
(d) Capitalized Interest $ 53 ,813
(e) Underwriting Discount $ 45 ,000
(f) Issuing Expenses $ 11 ,700
(g) Total $1 ,175 ,000
SOURCE OF FUNDS :
(h) Bond Issue Par Amount $1 ,000,000
(j) Cash Contribution by County $ 175,000
Total $1 ,175 ,000 9
It is anticipated that there will be no investment i(
income from the investment of bond proceeds pending their use.
3.3 That at least 85% of the spendable proceeds from
the sale of the Bonds will be used for construction and ':
4
installation of the Project by May 1 , 1987 .
1
4. Temporary Period.
4. 1 Prior to November 1 , 1984, the Issuer will enter 1
into a binding obligation with a third party to commence or
acquire the Project obligating an expenditure in excess of 2-1/2%
of the Project cost or $100 ,000, whichever is less .
4.2 Upon entering into a binding obligation for the
construction and installation ofkthe Project, the construction
and installation will commence immediately and proceed with due
diligence to completion.
The contract for the construction of the improvements
was awarded to Se7efrr Co. , on /l1,pa. 2 , /995
based on the low bid submitted , in the amount of $ 9/t T/7.0 0 •
The construction work on the Project will begin on or
about lrlfy /S' /9¢Y , and will be substantially completed
on Cerr:' / /97S/
-49-
5 . Bond Fund.
5 . 1 Money deposited in the Bond and Interest Fund (as
described in the ordinance authorizing the issuance of the Bonds)
will be used to pay the principal of and interest on the Bonds
and the Issuer reasonably expects that there will be no other
funds that will be so used .
5.2 Any money deposited in the Bond Fund will be
depleted within a thirteen-month period beginning on the date of
deposit, and any amount received from investment of money held in
the Bond Fund will be spent within a one-year period beginning on
the date of receipt. 9
Dated as of the � day of May , 1984.
i0
COUN Y OF W Lq, L DO
11
7 / 12
ar cto inane e
and Administration 13
14
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STATE OF COLORADO )
) ss.
COUNTY OF WELD ) SIGNATURE CERTIFICATE
Each of the undersigned, as officers of and on behalf of the
County of Weld, Colorado, in connection with the issuance by the
County of that certain series of Special Assessment Bonds for
Weld County Local Improvement District No. 1984-1 , dated May 1 ,
1984, in the principal amount of $1 ,000 ,000 (the "Bonds") , hereby
certify as follows :
1 . That the undersigned were the Chairman Pro Tem of the
Board of County Commissioners , the County Treasurer, and Clerk
and Recorder, respectively, of the County on the date of the
execution and on the date of delivery of the Bonds ;
2 . That the facsimile signatures of the County officials 10
appearing upon the Bonds are the facsimile signatures of such
officers, respectively; 11
3. That the facsimile signatures were duly affixed with 12
the knowledge and consent of the undersigned officials whose
facsimile signatures they purport to be and the same are hereby 13
adopted; 14
4. That the manual signature of the Clerk and Recorder was lC
duly and manually affixed by her; J
W
-51-
.l
5. That the seal which appears on each of the Bonds is a
facsimile of the duly adopted official corporate seal of the
County, a manual impression of which is impressed on this
Certificate.
IN WITNESS WHEREOF, we have hereunto subscribed our names
and affixed the official seal of the County, this 26? day of
May, 1984.
ce.)
( S E A L ) Lef"---#
�C man P o Tem
County Treasurer
/17
fcerZn± RecSr
Signatures affixed to the above Certificate and upon each of 11
the above described Bonds guaranteed as those of the officials ,
respectively, designated above. 12
13
Union Colony Bank lA
Title: ,� Q , 41L2 1
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-52-
gab Y+ .+'¢"1-�`..••brS � ''
]k idersw i De. onbruu Juc
INVESTMENT BANKERS
5675 SOUTH TAMARAC PARKWAY• SUITE 280 • DENVER TECH CENTER • ENGLEWOOD. COLORADO 8011 I
1303)740-7666
,'K,**5 r11'M :.'•Fc a ,5,- ✓ trp .a. ,...r. 6 T ar t:
at mn" -r FINAL OFFERING` *CIRCULAR TM :=a+ s„ �x � r
E $1,000,000 NON-RATED
LOCAL IMPROVEMENT DISTRICT NO. 1984-1 REVENUE BONDS
WELD COUNTY, COLORADO
y 1, 1984 Due June 1, 1994
ds are local improvement district bonds issued in fully registered form in denominations
each or integral multiples thereof. The Bonds shall bear interest at the rates set
w, payable semiannually on the first day of June and the first day of December each
mencing on December 1, 1984.
of and premium, if any, on the Bonds are payable at the principal office of the
ony Bank in Greeley, Colorado, or its successor, as bond registrar, paying agent and
gent. Interest on the Bonds is payable by check or draft mailed by the paying
the registered owners of the Bonds.
3f these Bonds and the interest thereon will be made solely from a special fund des-
the "1984-1 Local Improvement District Bond and Interest Fund", which will contain
ads from special assessments to be levied against the properties located within the
nd specially benefited by the construction and installation of improvements therein.
ids do not constitute a debt of Weld County or the State of Colorado within the
if any constitutional, statutory or charter limitations or provisions and shall not
ied or held to be a general obligation of these entities.
ESTIMATED MATURITY SCHEDULE
Denomination - $5,000
Estimated
ount Bond Numbers Prior Redemption Coupon Price
),000 1 - 20 6/1/85 7.50% 100
),000 21 - 40 6/1/86 8.00 100
),000 41 - 60 6/1/87 8.50 100
3,000 61 - 80 6/1/88 9.00 100 15
3,000 81 - 100 6/1/89 9.25 100
),000' 101 - 120 6/1/90 9.50 100
),000 121 - 140 6/1/91 9.75 100
),000 141 - 160 6/1/92 10.00 100
),000 161 - 180 6/1/93 10.25 100
),000 181 - 200 6/1/94 10.50 100
All bonds are due June 1, 1994. This maturity schedule has been estimated by
the underwriter, based on discussion with the property owners and anticipated
tax collections. Debt service payments on a local improvement district are billed
to the participants In ten equal principal amounts plus interest by the County. This
means that the estimated maturity schedule will not pay less than the estimates,
but may pay more each year.
it Net proceeds of this bond issue will be used to construct a two-mile extension of
highway on Weld County Road No. S between Colorado State Highway No. 7 and
inty Ibad No. 6. These improvements include grading, drainage, paving and other
inces.
truction of this road will provide improved, more efficient access to the Columbine
owned and operated by Colorado Landfill, Inc. Among the benefits of the road is
sion of heavy truck traffic to a highway designed for the weight and types of vehicles
!quent the site. In addition, the road will alleviate problems associated with trucks
'ear Ranch Eggs Estate, a residential area, and will divert the traffic going into the
road in a less populated area.
OPINION OF BOND COUNSEL, INTEREST ON THE BONDS IS EXEMPT FROM
'ION UNDER PRESENT FEDERAL INCOME TAX LAWS AND ALL PERTINENT
.TIONS, RULINGS AND DECISIONS HERETOFORE ISSUED, AND IS FURTHER
'T FROM COLORADO INCOME TAX UNDER PRESENT LAWS OF THE STATE
MEMBER SECURITIES INVESTOR PROTECTION CORPORATION
MEMBER NATIONAL ASSOCIATION OF SECURITIES DEALERS
Ifs or hes been authorized Ito*rake any representations or give any Information concerning the security herein described or the Issuer thereof,other
,,,,.�N..,.„ ew..,-nrmelinn nrecenled herein Is based upon facts developed by us through our own Investigation end through inquiry of
""._.
$1,000,000 •
ge Two - Local Improvement District No. 1984-1 Revenue Bonds
Weld County, Colorado
.CURITY: The Bonds of this issue will be paid from a special fund known as "1984-1
Local Improvement District Bond and Interest Fund", which will receive
yments from the special assessments to be levied against the properties located within
e District and specially benefited by the construction and installation of improvements
erein. The collected assessments, including interest and any penalties, are deemed
ecially appropriated to the payment of the Bonds and the interest thereon and will not
used for any other purpose until the Bonds and interest are fully paid. The assess-
ents to be levied will constitute liens on and against the property being benefited by
e improvements.
ie property being taxed for these improvements is presently a landfill site owned and
,erated by Colorado Landfill, Inc., a subsidiary of Keirnes Corporation. Due to the
iture of this District and the fact that the improvements are being installed to benefit
olorado Landfill, Inc., the security and payments are dependent upon the success of
olorado Landfill, Inc. No guarantees or projections are being made as to the future
erations of this facility; however, listed in the section on Colorado Landfill, Inc. within
offering circular are financial statistics illustrating the financial history of the
ompany. Additionally, it should be noted that an individual appraisal of the Company by
he American Appraisal Com an , Milwaukee, Wisconsin, finds the "fair market value" of
ie Company today to be .7 million. The site being serviced by the improvements
•om this bond issue represents approximately 80% of the Company's profits. A complete
opy of this appraisal is available by request from the Underwriters or Colorado Landfill,
ic.
.DDITIONAL SECURITY: As additional security, the \Veld County Charter allows, and
Weld County has passed a resolution stating that, whenever
5% of these 1984-1 Local Improvement District Bonds have been paid and cancelled, and
or any reason the remaining assessments are not paid in time to redeem the remaining
,onds and the interest thereon; then, the County will pay the remaining bonds when due
nd the interest thereon, and reimburse itself by collecting the unpaid assessments due.
tEDEMPTION: All Bonds are due June 1, 1994. However, the bond registrar, upon re-
ceiving funds in the Local Improvement District account, will determine
.he appropriate number of bonds to be called in on the next interest payment date at par.
Jpon determining the number of bonds to be called,the registrar will notify the bondholders
)y first class mail and by advertisement in a newspaper of general circulation in the
ounty. Such notification will be at least 30 days prior to the call date, and upon the
:all date, the interest shall cease on these B{ fDnds. se Bonds,to the fact ia is expected hat Colorado
tandfill, 15
nc. has sole responsibility of making payments
ay son t
Bonds will be called in accordance with the maturity schedule illustrated on the cover page
of this offering circular.
AYING AGENT AND BOND REGISTRAR: principal of and interest
will be payable at the Un on Colony Bank e Bonds
Bank of
;reeley, Colorado. Union Colony Bank will also act as Registrar for the Bonds.
984-t LOCAL IMPROVEMENT DISTRICT: The area to be assessed with cost
improvements cons sts of property owned
)y Colorado Landfill, Inc. (the "Company"). The improvements to be constructed in the
)istrict are as follows: The construction of two miles of paved highway on Weld County
toad No. 5 between Colorado State Highway No. 7 and Weld County Road No. 6. The
improvements include grading, drainage, paving and other appurtenances. Included in this
project is the widening and paving of approximately one-half mile of Colorado State
Highway No. 7 at the south terminus of Weld County Road No. 5 mentioned above. At
the north terminus of the above-mentioned Weld County Road No. 5, Weld County Road
No. 6 will be reshaped and paved for approximately 0.3 miles in length. The major
construction quantities include approximately 55,000 cubic yards of earthwork, 29,000
tons of crushed rock base, 59,000 tons of pit run gravel, 9,350 tons of hot bituminous
pavement and miscellaneous drainage structures and fencing.
d by the
LOCAL IMPROVEMENT DISTRICTS: Local County to r finance*s districts
the construction of local o al improve-
ments. Financing is accomplished through the issuance of bonds which are paid by
assessing all or part of the cost of constructionupothen
cost insofar
properties
which
as chthe are re improvements
benefited. Typically, the County pays a portion
also confer general benefits to the County at large. Local improvement districts are not
an independent governmental entity, but merely a method of financing improvements
within a specific geographical area. Such districts arc formed by a resolution adopted
by the County Commission and the district's affairs are handled by County personnel.for all
The construction contracts create an obligation on the part of the County to pay
acceptable work completed. This contractual obligation does not imply that local
improvement bonds in any way constitute a debt of the County or a general obligation
$1,000,000
age Two - Local Improvement District No. 1984-1 Revenue Bonds
Weld County, Colorado
CURITY: The Bonds of this issue will be paid from a special fund known as "1984-1
Local Improvement District Bond and Interest Fund", which will receive
iyments from the special assessments to be levied against the properties located within
ie District and specially benefited by the construction and installation of improvements
ierein. The collected assessments, including interest and any penalties, are deemed
)ecially appropriated to the payment of the Bonds and the interest thereon and will not
used for any other purpose until the Bonds and interest are fully paid. The assess-
.ents to be levied will constitute liens on and against the property being benefited by
ie improvements.
he property being taxed for these improvements is presently a landfill site owned and
aerated by Colorado Landfill, Inc., a subsidiary of Keirnes Corporation. Due to the
iture of this District and the fact that the improvements are being installed to benefit
olorado Landfill, Inc., the security and payments are dependent upon the success of
olorado Landfill, Inc. No guarantees or projections are being made as to the future
aerations of this facility; however, listed in the section on Colorado Landfill, Inc. within
us offering circular are financial statistics illustrating the financial history of the
ompany. Additionally, it should be noted that an individual appraisal of the Company by
he American Appraisal Corn$7pan_1, Milwaukee, Wisconsin, finds the "fair market value" of
to Company today to be million. The site being serviced by the improvements
om this bond issue represents approximately 80% of the Company's profits. A complete
)py of this appraisal is available by request from the Underwriters or Colorado Landfill,
c.
DDITIONAL SECURITY: As additional security, the Weld County Charter allows, and
Weld County has passed a resolution stating that, whenever
5% of these 1984-I Local Improvement District Bonds have been paid and cancelled, and
r any reason the remaining assessments are not paid in time to redeem the remaining
ands and the interest thereon; then, the County will pay the remaining bonds when due
id the interest thereon, and reimburse itself by collecting the unpaid assessments due.
EDEMPTION: All Bonds are due June 1, 1994. However, the bond registrar, upon re-
ceiving funds in the Local Improvement District account, will determine
ie appropriate number of bonds to be called in on the next interest payment date at par.
pon determining the number of bonds to be called,the registrar will notify the bondholders
y first class mail and by advertisement in a newspaper of general circulation in the
ounty. Such notification will be at least 30 days prior to the call date, and upon the
all date, the interest shall cease on these Bonds. Due to the fact that Colorado Landfill,
lc. has sole responsibility of making payments on these Bonds, it is expected that the 15
onds will be called in accordance with the maturity schedule illustrated on the cover page
f this offering circular.
,YING AGENT AND BOND REGISTRAR: The principal of and interest on these Bonds
will be payable at the Union Colony Bank of
eeley, Colorado. Union Colony Bank will also act as Registrar for the Bonds.
84-1 LOCAL IMPROVEMENT DISTRICT: The area to be assessed with the cost of
improvements consists of property owned
Colorado Landfill, Inc. (the "Company"). The improvements to be constructed in the
strict are as follows: The construction of two miles of paved highway on Weld County
)ad No. 5 between Colorado State Highway No. 7 and Weld County Road No. 6. The
iprovements include grading, drainage, paving and other appurtenances. Included in this
oject is the widening and paving of approximately one-half mile of Colorado State
ighway No. 7 at the south terminus of Weld County Road No. 5 mentioned above. At
e north terminus of the above-mentioned Weld County Road No. 5, Weld County Road
D. 6 will be reshaped and paved for approximately 0.3 miles in length. The major
instruction quantities include approximately 55,000 cubic yards of earthwork, 29,000
ns of crushed rock base, 59,000 tons of pit run gravel, 9,350 tons of hot bituminous
rvement and miscellaneous drainage structures and fencing.
DCAL IMPROVEMENT DISTRICTS: Local improvements districts are formed by the
County to finance the construction of local improve-
ents. Financing is accomplished through the issuance of bonds which are paid by
,sessing all or part of the cost of construction upon the properties which are specially
mefited. Typically, the County pays a portion of the cost insofar as the improvements
so confer general benefits to the County at large. Local improvement districts are not
i independent governmental entity, but merely a method of financing improvements
ithin a specific geographical area. Such districts are formed by a resolution adopted
y the County Commission and the district's affairs are handled by County personnel.
he construction contracts create an obligation on the part of the County to pay for all
:ceptable work completed. This contractual obligation does not imply that local
iprovement bonds in any way constitute a debt of the County or a general obligation
tereof.
$1,000000
age Three - Local Improvement District No. 1984-1 Revenue Bonds
Weld County, Colorado
ENERAL INFORMATION: The primary operating subsidiary of Keirnes Corporation is
Colorado Landfill, Inc. (CLI), which presently operates three
initary landfills. The company provides service to the general public and numerous
ommercial haulers by receiving solid waste for disposal. The waste is deposited in
repared areas on the sites, compacted with specialized machinery and covered daily
4th earthen material.
:urrently, the Denver Metropolitan area generates 21,000 yards (5,000 tons) of solid
'aste a day, nearly all of which is disposed of in sanitary landfills. By 1990, Denver
nd its suburbs are projected to generate 25,000 yards per day. A total of 31,000 yards
er day will be generated in the year 2,000.
:LI was formed in June 1979, to acquire the assets and liabilities of Weld Landfill, Inc.
Weld). At that time, Weld operated four solid waste landfill sites, none of which were
i compliance with state and federal laws and regulations. After the acquisition, CLI
losed two sites and upgraded the remaining two to comply with all applicable regulations.
n addition, CLI applied for and was granted approval to operate a new landfill site.
'resent operating sites include Central Landfill, North Landfill and Columbine Landfill.
'he Central Landfill site, located approximately seven miles south of the City of
jreeley along secondary roads, is the only solid waste disposal site for central Weld
:ounty, an area with a population of approximately 80,000. The site has been in opera-
ion for several years and has a remaining in-place trash volume of approximately
,000,000 cubic yards, according to an engineering study conducted by Nelson Engineers.
[he North Landfill site is operated on a leased parcel of land located approximately ten
niles north of the City of Greeley along secondary roads. The site is the smallest of
:he three and serves the northern portion of Weld County, an area lacking major
3opulation centers and devoted to rural land use.
file Columbine Landfill site, the newest and largest site, is located near the southern
)order of Weld County. Although southern Weld County is primarily rural, the volume of
'efuse received at the site is influenced by two large municipalities, Denver and Boulder,
ocated in the adjoining counties. The Denver Metropolitan area begins approximately
ten miles south of the Columbine site along an expressway, while Boulder lies approxi-
mately 15 miles to the west along state highways. This site has an in-place capacity of
12,500,000 yards based upon the Nelson Engineers' study. (1) 15
The volume of the waste stream is measured in cubic yards or tons. All landfills in the
Denver Metropolitan area charge based upon the cubic yard. Other parts of the country
measure and determine their rates by the ton. On the average, each yard weighs 500
pounds (four yards per ton).
The National Solid Waste Management Association estimates that each person in the
United States generates five pounds of solid waste per day. Nationally, we generate
575,000 tons (2,875,000 yards) of waste a day. The Denver Metropolitan area contributes
less than one percent to the total.
Across the country, the solid wastes that are not recycled or recovered are deposited in
sanitary landfills or, in a few cases, burned in waste to energy plants. Unfortunately,
waste to energy has not proven to be a panacea. There have been significant problems
with the technology and it is very expensive, costing at least three times as much as
land disposal.
Landfills have also had problems. Old sites have been found to create leachates which
contaminate groundwater. New sites are very hard to establish, due to citizen opposition
reflecting the "not in my backyard" syndrome. Even so, landfills serve as the primary
means of disposal in the United States.
Waste management practices have changed drastically over the past 20 years. Uncon-
trolled open dumping and burning of wastes has evolved into the modern sanitary
landfills. One of the main reasons for the changes has been public concern over polluted
air and water. This concern has been reflected in such laws as the Solid Waste Disposal
Act of 1965, the Federal Resource Recovery Act of 1970, and finally, the Resource
Conservation and Recovery Act of 1976 (RCRA). RCIZA has had a substantial impact on
waste management practices.
(I)Copy of this report is available from the Company upon written request.
r ,
$1,000,000
Four - Local Improvement District No. 1984-1 Revenue Bonds
Weld County, Colorado
'ERAL INFORMATION (continued):
primary objective of RCRA is to assign the responsibility for solid waste planning
management to each state. As a result of RCRA, the State of Colorado has
iged and strengthened its regulations concerning the siting and operation of sanitary
fills.
rating landfills are subject to periodic inspections by the State of Colorado Health
artment, who monitors compliance with regulations. If a site is not in compliance,
-lot able to be brought into compliance, the state has the authority to issue a cease
desist order. This can result in closure of the site. In addition, the State Health
artment plays a key role in the siting of a new landfill or the expansion of an
ting site. They review all of the technical data on a site such as its geology and
•ology. The Department must submit a recommendation for approval before an
ication can be considered by the County. Upon a favorable recommendation from
state, the County concerns itself with the political part of the process, or the land
issues of a site. If the site is found to be compatible with surrounding land uses, a
:ificate of designation is issued and the site is approved to do business.
ng with periodic inspections by the State Health Department, county health departments
actively monitor the operation of a sanitary landfill. If a site is not in compliance,
County can revoke its certificate of designation. Once a site is completed, state
local regulations require monitoring by the owners/operators for settling, cover and
:hate. Present state law requires monitoring for a minimum of five years after
Jure. Since CLI was formed in 1979, the Company has been in full compliance with
regulations. The Company has never received a citation for deficiency in any area.
RCE AND USE OF FUNDS:
Source of Funds
Bond Issue Par Amount $1,000,000
Cash Contributed by County 175,000
Total $1,175,000
15
Use of Funds
Construction $ 911,817
Engineering/Design 57,400
Right-of-Way 31,500
Utility Moving 5,000
Contingency/Miscellaneous 58,770
Capitalized Interest* 53,813
Underwriting Discount 45,000
Issuing Expenses 11,700
Total $1,175,000
* This amount will be escrowed to pay the December 1, 1984 interest.
LIGATION: There is no controversy or litigation of any nature now pending, or to the
knowledge of the issuer, threatened, restraining or enjoining the issuance,
e, execution or delivery of the Bonds.
.GAL MATTERS: Legal matters incident to the authorization, issuance and sale of the
Bonds and with regard to the tax-exempt status thereof, under existing
vs, regulations and rulings, are subject to the unqualified approving opinion of
ick D. Stowe, P.C., Denver, Colorado, Bond Counsel. Copies of such opinion will be
inted on the Bonds, and will be available at the time of delivery of same.
$1,00Local ,000
Local ImprovementColorado District No. 1984-1 Revenue Bonds
Weld County,
FINANCIAL INFOIZMATION -C�Atl'ANY
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$1,000,000
Nine - LoQil Improvement Dis. .ct No. 1984-1 Revenue Bonds
Weld County, Colorado
WELD 011.1111Y LOCAL :L WI•f".:(1V[:":`II PI'T 1:)1 1-1:i CT NO. 1''904-
t st drt, d::,1:.2: i)5 o l.":
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1
$ 1,n00,000
Page Tight,. - Local Improvement ,trict No. 1984-1 Revenue Bonds
Weld County, Colorado
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ven - Local Improvement District No. 1984-1 Revenue Bonds
Weld County, Colorado
TOTAL CUBIC YARCS
IN
DENVER METRO AREA
1984 , 1983
March 1983
February 1984
% of Total
er Per Day Yards
of Total Cubic Yards Volume
Cu Volume Per Day
6 , 740 28 . 3%
5 , 548 29%
ine 21%
4 , 604
19 . 2% 4 , 015
4 , 664 19 . 6%
3 , 296 17%
_ne*
93 2 , 641 11 . 0
403 7 '
1 , 367 5 . 7°`
1 , 286 6 .
11 4 %
„ 863
16 . 2% 697
nia n/a
3 , 183 16%
23 , 879 100 . 0%
19 , 248 100%
to additional handling of approximately 2 , 295 cubic yards
intyline Landfill at the time of the survey, total daily volume
:imated to be 6 , 740 cubic yards .
Keirnes Corporation , February 1984 . 15
h iY METHODOLOGY: 25,s1983. The l methodology forows the 1983 rvey the 1984usurvveyMar
isccon-
t with the previous effort. It is the intention that this report be used as a
ng/marketing guideline for the company in 1984.
urvey was conducted February 6-17, 1984, from a:0each a.m.l - 5:00ill p.m.
e. FoOnehis
dual conducted the survey by spending one dayWith
xJod Litell, the Columbine periencetrand knowledge of the aDenlverr p conducted the u
theaccuacyoftheyincoming
is thought to be excellent by the Company.
was compiled and compared to the 1983 survey with the exception that only one
ratherrey as well, was though nt at each itshould be landfill.
understo understood lon there waste
are additional e was
striiictlnoted
y
e survey
,lition landfills in the Metro Area. In regards to Countyline Landfill's volume, it
noted at the time that already in-place material
riaalt was
being0 reic yardled,s thereby
Finally,
:ing the daily volume from 9.035 cubic y'
-ary to last year, there is one less landfill included in the survey due to the closure
to Pecos Landfill.
<e last year's survey, weather was moderately warm (400) with clear skies and no
ipitation for the period of study.
* The Columbine site is owned by Colorado Landfill, Inc. and will benefit from
the improvements being financed by this bond issue.
$1,000,000
:ix - Local Improvement District No. 1984-1 Revenue Bonds
Weld County, Colorado
FINANCIAL INFORMATION OF THE COMPANY (continued)
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GENERAL DOCUMENTS
AND
CONSTRUCTION SPECIFICATIONS
FOR
GRADING, DRAINAGE, AND PAVING
OF WELD COUNTY ROAD 5
WELD COUNTY, COLORADO
DECEMBER 1983
PREPARED BY 0 E Gunn ,71
NELSON ENGINEERS JAN 2 51984 lIU
GREELEY, COLORADO
GREaI. Y. G06°•
SPECIFICATIONS
AND CONTRACT DOCUMENTS
FOR
GRADING, DRAINAGE AND PAVING
OF WELD COUNTY ROADS 5 & 6
WELD COUNTY, COLORADO
DECEMBER 1983
PROJECT NO. 2016
Prepared By: Nelson Engineers
520 GNB Plaza
Greeley, Colorado 80631
356-6362
TABLE OF CONTENTS
TITLE ARTICLE
GENERAL DOCUMENTS 1
SPECIAL CONDITIONS 2
GENERAL CONDITIONS 3
TECHNICAL PROVISIONS 4
STANDARD DETAILS 5
APPENDIX A
ARTICLE 1
GENERAL DOCUMENTS
Advertisement For Bid
Information For Bidders
Bid Form
Bid Bond
Notice of Award
Agreement
Performance Bond
Payment Bond
Notice To Proceed
Change Order
Notice Of Contractor' s Settlement
Final Receipt And Guarantee
ADVERTISEMENT FOR BIDS
Weld County, Colorado will receive sealed bids for the construction of
grading, drainage and paving of two miles of Weld County Road 5 between
Colorado State Highway 7 and Weld County Road 6 situated southeast of
Erie, Colorado. Also included in this project is the widening and
paving of a portion of Colorado State Highway 7 and paving of a portion
of Weld County Road 6.
Construction quantitiesinclude approximately 55,000 cubic yards of
earthwork, 29,000 tons of crushed rock base, 59,000 tons of pit run
gravel , 8, 350 tons of bituminous concrete surface course and
miscellaneous drainage structuresand other appurtenances .
Bids will be received by the Purchasing Department, Room 343,
915 Tenth Street, Greeley, Colorado 80632 until 11 :00 A.M. M. S.T.
February 10, 1984 at which time said bids will be publicly opened
in Room 316 of the Centennial Building, 915 Tenth Street, Greeley,
Colorado.
The Contract Documents may be obtained at the Weld County Engineering
Office upon payment of $50.00 for each set.
The Board of Weld County Commissioners reserves the right to reject
any or all bids, to waive any informalities in bids, and to accept
the bid that, in the opinion of the Board, is in the best interests
of the Board and of the County of Weld, State of Colorado.
The Board of Weld County Commissioners shall give preference to
resident Weld County bidders in all cases where the bids are
competitive in price and quality.
WELD COUNTY, COLORADO
By:
Purchasing Agent
Dated:
INFORMATION FOR BIDDERS
BIDS. Bids will be received by Ms. Bette Rhoden, Purchasing Director for the
Board of weld County Commissioners (herein called the Owner) , at the weld County
Purchasing Department, Room 343, 915 - 10th Street, Greeley, Colorado until
11 :00 A.M. , M. S.T. , February 10 ' 1984 at which time and place the bids will
be publicly opened and read aloud.
Each bid must be submitted in a sealed envelope, addressed to :
Ms . Bette Rhoden, Purchasing Director
P. 0. Box 758
at 915-10th Street, Greeley, Colorado 80632
Each sealed envelope containing a bid must be plainly marked on the outside as
bid for Construction of two miles of grading , drainage and paving of Weld County
Road 5 between Weld County Road 6 and Colorado State Highway 7 and the envelope
should bear on the outside the name of the project for which the bid is submitted.
If forwarded by mail , the sealed envelope containing the bid must be enclosed in
another envelope addressed to the Owner at P. O. Box 758, Greeley , Colorado, 80632.
All bids must be made on the required bid form. All blank spaces for bid prices
must be filled in, in ink or typewritten, and the bid form must be fully com-
pleted and executed when submitted. Only one copy of the bid form is required.
The Owner may waive any informalities or minor defects or reject any and all
bids . Any bid may be withdrawn prior to the above scheduled time for the opening
of bids or authorized postponement thereof. No Bidder may withdraw a bid within
30 days after the actual date of opening thereof. Should there be reasons why
the Contract cannot be awarded within the specified period, the time may be ex-
tended by mutual agreement between the Owner and the Bidder. Contract award will
be made as a whole to one bidder.
QUANTITIES. Bidders must satisfy themselves of the accuracy of the estimated
. quantities in the Bid Schedule(s) by examination of the site and a review of the
drawings and specifications , including addenda. After bids have been submitted,
the Bidder shall not assert that there was a misunderstanding concerning the
quantities of the work or of the nature of the work to be done.
SITE. The Owner shall provide to any and all Bidders prior to bidding, all in-
formation which is pertinent to and delineates and describes , the land owned
rights-of-way acquired upon request.
PROJECT INFORMATION. The Contract Documents , Plans, and Specifications contain
the provisions required for the construction of the project. Information obtained
from an officer, agent, or employee of the Owner or any other person shall not
affect the risks or obligations assumed by the Contractor or relieve him from
fulfilling any of the conditions of the contract.
BID BOND. Each bid must be accompanied by a Bid Bond payable to the Owner for
five percent (5 ') of the total amount of the bid, As soon as the bid prices
have been compared, the Owner will return the bonds of all except the three
lowest responsible Bidders within three days after the date of the bid opening.
When the Agreement is executed, the Bid Bonds of the two remaining unsuccessful
Bidders will be returned. The Bid Bond of the successful bidder will be retain-
ed until the Agreement, Payment Bond, and Performance Bond have been executed
and approved, after which it will be returned.
BOND. A Performance Bond and a Payment Bond, each in the amount of 100 percent
of the Contract Price, with a corporate Surety approved by the Owner, will be
required for the faithful performance of the Contract. Attorneys-in-fact who
sign the Bid Bonds or Payment Bonds and Performance Bonds must file with each
bond a certificate and effective dated copy of their power of attorney.
AWARD. The party to whom the contract is awarded will be required to execute the
Agreement and obtain the Performance Bond and Payment Bond within ten ( 10) calen-
dar days from the date when Notice of Award is delivered to the Bidder. The
Notice of Award shall be accompanied by the necessary Agreement and bond forms .
In case of failure of the Bidder to execute the Agreement, the Owner may at his
option consider the Bidder in default, in which case the Bid Bond accompanying
the proposal shall become the property of the Owner.
The Owner within ten (10) days of receipt of acceptable Performance Bond, Payment
Bond, and Agreement signed by the party to whom the Agreement was awarded shall
sign the Agreement and return to such party an executed duplicate of the Agreement.
Should the Owner not execute the Agreement within such period, the Bidder may, by
written notice, withdraw his signed Agreement. Such notice of withdrawal shall be
effective upon receipt of the notice by the Owner.
NOTICE TO PROCEED. The Notice to Proceed shall be issued within ten (10) days of
the execution of the Agreement by the Owner of as otherwise stated in the Special
Conditions . Should there be reasons why the Notice to Proceed cannot be issued
within such period, the time may be extended by mutual agreement between the Owner
and the Contractor. If the Notice to Proceed has not been issued within the ten
(10) day period or within the period mutually agreed upon, the Contractor may ter-
minate the Agreement without further liability on the part of either party.
QUALIFICATION. The Owner may make such investigation as he deems necessary to de-
termine the ability of the Bidder to perform the work, and the Bidder shall furnish
to the Owner„all such ,information and data for this purpose as the Owner may request.
The Owner reserves the right to reject any bid if evidence submitted by, or investi-
gation of, such Bidder fails to satisfy the Owner that such Bidder is qualified to
carry out the obligations of the Agreement and to complete the work contemplated
therein. The Owner reserves the right to reject any conditional or qualified bid.
EXECUTION. The Contractor shall commence work not later than fifteen ( 15) calendar
days after date of the Notice to Proceed issued by the Owner to the Contractor and
shall complete the work as specified, ready for use, within the time specified in
the contract. In the event no written notice to proceed is issued by the Owner, the
contract time as specified in the contract shall be counted from the first day of
actual work on the project. All work shall be prosecuted in an orderly and diligent
manner. The Contractor shall cooperate with and conform to the request of the Owner
to expedite particular portions of the work or to suspend or transfer his operations
on any portion of the work where such alteration of the contractor' s operations is
deemed advisable by the Owner.
All applicable laws, ordinances, and the rules and regulations of all authori -
ties having jurisdiction over construction of the project shall apply to the
contract throughout and the successful Bidder will be required to carry out all
procedures required therein at no additional cost to the Owner.
EXAMINATION. Each Bidder is responsible for inspecting the site and informing
himself of the conditions under which the work is to be performed and for reading
and being thoroughly familiar with the contract or documents . The Bidder' s in-
spection shall cover the ground structures , obstacles which may be encountered,
location of water table; and other matters relevant to the work both above and
below ground. Where test boring logs, indicating underground conditions, are
shown on the drawings , this data is for the Bidder's information and to reflect
the conditions observed at the time and place of drilling. Neither Owner nor the
Engineer shall be held responsible for any variance or deviation from the data shown
on the drawings, as encountered during actual construction. The failure or omission
of any Bidder to do any of the foregoing shall in no way relieve any Bidder from any
obligation in respect to his bid. The successful Bidder will not be allowed any ex-
tra compensation in the form of contract price or time by any matter or thing on
which he could have fully informed himself prior to the bidding.
SUBCONTRACTS. The low Bidder shall supply the names and addresses of major material
suppliers and sub-contractors when requested to do so by the Owner.
CONTRACT AWARD. Award will be made to a single Contractor based upon the
lowest responsible bid for all items of the Bid Schedule as determined by the
Owner.
QUESTIONS. Questions regarding the plans and specifications on this Project shall
be submitted in writing no later than four (4) working days prior to the time set
for review of bids . Corrections or clarifications will be made by addendum. Oral
clarifications will not be binding.
ENGINEER. Nelson Engineers , Greeley National Plaza, Suite 520, Greeley, Colorado,
80631, (303) 356-6362 and/or the Weld County Engineer, 933 North 11th Avenue,
Greeley, Colorado,80632, (303) 356-4000, extension 750.
BID FORM
Proposal of
(hereinafter called "Bidder" , organized and existing under the laws of the State
of Colorado doing business as
To the Board of Weld County
Commissioners
(hereinafter called "Owner") .
In compliance with your Advertisment for Bids , Bidder hereby proposes to perform
all work for the phased construction of: two miles of grading, drainage, and
paving of Weld County Road 5 between Weld County Road 6 and Colorado State
Highway 7 and resurfacing of Weld County Road 6 southeast of Erie, Weld County ,
Colorado, and such improvements to State Highway 7 and all appurtenances , all in
strict accordance with contract documents , within the time set forth therein. and
at the prices stated in the Bid Schedules for Project No, 2016.
By submission of this Bid, each Bidder certifies , and in the case of a joint Bid,
each party thereto certifies as to his own organization , that this Bid has been
arrived at independently, without consultation, communication , or agreement as to
any matter relating to this Bid with any other Bidder or with any competitor.
Bidder hereby agrees to commence work under this Contract on or before a date to
be specified in the Notice to Proceed and to fully complete the work within 75
working days thereafter. Bidder further agrees to pay as liquidated damages ,
the sum of
ONE HUNDRED DOLLARS AND NO CENTS ($100.00)
for each consecutive calendar day thereafter as provided in paragraph of the
Special Conditions.
Bidder acknowledges receipt of the fol lowing Addendums :
Bidder agrees to perform all work described in the Contract Documents for the
following unit prices or lump sum:
NOTE : Bid shall include sales tax and all other applicable taxes and fees.
The total bid for each Bid Schedule includes all work necessary to complete that
portion of the project described in each Bid Schedule, and the total of all Bid
Schedules represents the entire scope of work covered by the Contract Documents.
If a particular item of work is not specifically separated as a bid item, the cost
therefore shall be included in the bid item most nearly related.
*Insert "a Corporation", "a Partnership" or "an Individual" as applicable .
BID SCHEDULE
For the performance of all work necessary to complete construction of grading
and drainage of Weld County Road 5 and appurtenant construction , as defined
in the Contract Documents.
ITEM ESTIMATED UNIT
NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT
I . Clearing and Grubbing one L.S. $ $
2. Unclassified Excavation 55,000 C.Y. $ $
3. Aggregate Base Course, Class 1 59,000 Tons $ $
4. Aggregate Base Course, Class 6 29,000 Tons $ $
5. Bituminous Prime, MC-70 18,000 Gal . $ $
6. Tack Coat CSS-1H 1 ,600 Gal . $ $
7. Hot Bituminous Pavement 8,350 Tons $ _ $
8. Fencing, Line Brace, Corner
Post 19,600 L. F. $ $
9. Gates , 20' Length four Ea. $ $
10. Reseeding, Fertilizing, Mulching 10. 5 Acres $ $
11 . 18" Corr. Metal Pipe 208 L. F. $ $
12. 30" Corr. Metal Pipe 130 L. F. $ — $
13. 36" Corr. Metal Pipe 205 L. F. $ - $
14. 60" Corr. Metal Pipe 65 L.F. $ $
(3' x 1" Corr. 14 Gauge)
15. 18" Metal Pipe End Sections 8 Ea. $ $
16. 30" Metal Pipe End Sections 4 Ea. $ $
17. 36" Metal Pipe End Sections 6 Ea. $ $
18. 60" Metal Pipe End Sections 2 Ea. $ $
TOTAL BASE BID, ITEMS 1 THROUGH 18 $
($ ) DOLLARS
(Writing)
BF-2
Bidder shall complete all Schedules. A Contract, if awarded, will be on the
basis as stated in the Information for Bidders.
Respectfully submitted,
Date: Bidder:
Official Address :
Signature :
Title:
(SEAL - if bid by a corporation)
Attest:
BF-3
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,
As Principal , and
Surety, are hereby held and firmly bound unto
as Owner in the penal sum of
($ ) for the payment of which, well and truly to be made, we
hereby jointly and severally bind ourselves , successors and assigns .
Signed, this day of , 1982.
The condition of the above obligations is such that whereas the Principal has
submitted to a certain bid, attached
hereto and hereby made a part hereof, to enter into a contract in writing, for
the
NOW THEREFORE,
(A) If said shall be rejected, or in the alternate,
(B) If said Bid shall be accepted and the Principal shall execute and
deliver a Contract in the form of Contract attached hereto (properly
completed in accordance with said Bid) and shall furnish a bond for
his faithful performance of said Contract, and for the payment of all
persons performing labor or furnishing materials in connection there-
with, and shall in all other respects perform the agreement created by
the acceptance of said Bid,
then this obligation shall be void, otherwise the same shall remain in force and
affect; it being expressly understood and agreed that the liability of the Surety
for any and all claims hereunder, in no event, exceed the penal amount of this
obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations
by any extension of the time within which the Owner may accept such bid; and said
Surety does hereby waive notice of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety have hereunder set their hands
and seals, and such of them as are corporations have caused their corporate
seals to be hereto affixed and these presents to be signed by their proper
officers , the day and year first set forth above.
(L. S. )
Principal
Surety
By:
NOTICE OF AWARD
TO:
Project Description: Construction of two miles of grading, drainage and paving
of Weld County Road 5 between Weld County Road 6 and Colorado State Highway 7,
situated southeast of Erie, Weld County, Colorado.
The Owner, represented by the undersigned, has considered the Bid submitted by
you for the above described work in response to its Advertisement for Bids
dated , 19 , and Information for Bidders.
You are hereby notified that your Bid has been accepted for
in the amount of
Cs ) .
You are required by the Information for Bidders to execute the Agreement and fur-
nish the required Contractor's Performance Bond, Payment Bond, and Certificate
of Insurance within ten (10) calendar days from the date of this Notice to you.
If you fail to execute said Agreement and to furnish said bonds within ten (10)
days from the date of this Notice, said Owner will be entitled to consider all
your rights arising out of the Owner's acceptance of your Bid as abandoned and
as a forfeiture of your Bid Security. The Owner will be entitled to such other
rights as may be granted by law.
You are required to return an acknowledged copy of this Notice of Award to the
Owner. Dated this day of , 19
(Owner)
By:
Title:
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by
this _ day of 19_
By: Title:
IMPORTANT: Surety companies executing bonds must appear on the Treasury Depart-
ment' s most current list (Circular 570 as amended) and be authorized to transact
business in Colorado.
AGREEMENT
THIS AGREEMENT , made this _____ day of 19 , by and
between The Board of Weld County Commissioners , hereinafter called "Owner" and
doing business as
hereinafter called "Contractor''.
WITNESSETH : That for and in consideration of the payments and agreements here-
inafter mentioned:
1. The Contractor will. commence and complete the phased construction of two
miles of grading, drainage and paving of Weld County Road 5 between Weld
County-Road 6 and Colorado State Highway 7 situated Southeast of Erie,
Colorado and the widening and paving of a portion of Colorado State Highway 7
and a paving of a portion of Weld County Road 6.
•
•
2. The Contractor shall furnish all material , supplies , tools , equipment, labor
and other services necessary for the construction and completion of the Project
described herein.
3. The Contractor shall commence the work required by the Contract Documents in
accordance with the date stated in the Notice to Proceed and shall complete
the work within the time stated in the Bid Proposal unless the period for
completion is extended otherwise by the Contract Documents.
4. The Contractor agrees to perform all of the work described in the Contract
Documents and comply with the terms of therein for the sum of
(S
for
•
5. The term "Contract Documents ' means and includes the following:
(A). Advertisement for Bids
(B) Information for Bidders
(C) Bid
• (D) Bid Bond
(E) Agreement
(F) General Conditions
(G) Supplemental General Conditions
(H) Payment Bond
(I ) Performance Bond
(J) Notice of Award
(K) Notice to Proceed
(L) Change Order
(M) Drawings prepared by NELSON ENGINEERS, for Weld County Engineering
Department, numbered 1 through 36, and dated December, 1983
(N) Specifications prepared or issued by NELSON ENGINEERS for Weld
County Department of Engineering: Specifications and Contract
Documents for the phased construction of two miles of grading, drainage
and paving of Weld County Road 5 between Weld County Road 6 and Colo-
rado State Highway 7, situated southeast of Erie, Weld County , Colorado.
(0) Addenda
No. , dated , 19
No. , dated , 19
No. dated , 19
No. , dated • , 19
No. _, dated , 19_
No. , dated , 19
'' "(P) Notice of Contractor's Settlement
(Q) Final Receipt and Guarantee
(R) Other
6. The Owner will pay the Contractor in the manner and at such time as set forth •
in the General Conditions such amounts required by the Contract Documents.
7. This Agreement shall be binding upon all parties hereto and their respective
heirs, executors, adminstrators, successors, and assigns.
IN WITNESS WHEREOF , the parties hereto have executed, or caused to be executed
by their duly authorized officials, this Agreement in seven (7) , each of which
shall be deemed an original on the date first written above.
OWNER: CONTRACTOR:
The Board of Weld County Commissioners
By By
Name Name
(Please-Type) (Please Type)
Title Title
Address
(SEAL) (SEAL)
•
•
ATTEST: ATTEST:
Name Name
(Please Type) (Please Type)
•
Title Title
PERFORMANCE AND PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
(Name of Contractor)
(Address of Contractor)
a hereinafter called Principal , and
(Corporation, Partnership, or Individual)
(Name of Surety)
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto
(Name of Owner)
(Address of Owner)
hereinafter called the Owner, in the penal sum of
Base Bid
Dollars, ($ )
in lawful money of the United States , for the payment of which sum well and
truly to be made, we bind ourselves, successors , and assigns, jointly, severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into
a certain Contract with the Owner, dated the day of , 19 ,
a copy of which is hereto attached and made a part hereof for the construction of:
NOW, THEREFORE, if the Principal shall well , truly, and faithfully perform its
duties, all the undertakings, covenants , terms, conditions, and agreements of
said Contract during the original term thereof, and any extensions thereof which
may be granted by the Owner, with or without notice to the Surety and during the
one-year guaranty period, and if he shall satisfy all claims and demands incurred
under such Contract, and shall fully indemnify and save harmless the Owner from
all costs and damages which it may suffer by reason of failure to do so, and
shall reimburse and repay the Owner all outlay and expense which the Owner may
incur in making good any default, then this obligation shall be void; otherwise
to remain in full force and effect.
NOW, THEREFORE, if the Principal shall promptly make payment to all persons,
firms, subcontractors , and corporations furnishing materials for or performing
labor in the prosecution of the work provided for in such contract, and any
authorized extension or modification thereof, including all amounts due for
materials, lubricants, oil , gasoline, repairs on machinery, equipment and tools,
consumed or used in connection with the construction of such work, and all in-
surance premiums on said work, and for all labor performed in such work whether
by subcontractor or otherwise, then this obligation shall be void; otherwise
to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates
and agrees that no change, extension of time, alteration or addition to the
terms of the Contract or to the work to be performed thereunder or the specifi-
cations accompanying the same shall in any wise affect its obligation on time,
alteration or addition to the terms of the Contract or to the work or to the
specifications.
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor
shall abridge the right of any beneficiary hereunder, whose claim may be unsat-
isfied.
IN WITNESS WHEREOF, this instrument is executed in counterparts, each one
number
of which shall be deemed an original , this _ day of , 19,
Principal
By (S)
Principal Secretary
(SEAL)
Witness to Principal Address
Address
ATTEST:
Surety Secretary _
(SEAL)
NOTICE TO PROCEED
TO: DATE:
PROJECT:
You are hereby notified to commence work in accordance with the Agreement dated
19 , on or before , 19 , and
you are to complete the work within ( ) consecutive calendar
days thereafter. The date of completion of all work is therefore,
19
(Owner)
By :
Title:
ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed
is hereby acknowledged by
this day of
19
By:
Title:
By
Witness as to Surety Attorney- In-Fact
Address Address
NOTE : Date of bond must not be prior to date of Contract. If Contractor is
partnership, all partners should execute bond.
IMPORTANT: Surety companies executing bonds must appear on the Treasury Depart-
ment's most current list (Circular 570 as amended) and be authorized to
transact business in the State where the project is located.
CHANGE ORDER
CHANGE ORDER NO.
DATE:
PROJECT:
PROJECT NO.
TO (CONTRACTOR) :
JUSTIFICATION:
You are directed to make the following changes in the work. All other terms
and conditions of the Contract not expressly modified hereby shall remain in
full force and effect:
Item No. Description Est. Qty. Unit Unit Cost Amount
The original Contract sum was $
Net change by previous Change Orders $
The Contract Sum prior to this Change Order was $
The Contract Sum will be (increased) (decreased) (unchanged)
by this Change Order $
The Contract Sum including this Change Order wilt be $
The new Contract Time will be ( increased) (decreased) (unchanged)
by ( ) Days.
The Date of Completion as of the date of this Change Order
therefore is , 19_
ACCEPTED BY: ORDERED BY:
Contractor Owner
Address Address
By: By:
Date: Date:
NOTICE OF CONTRACTOR' S SETTLEMENT
NOTICE IS HEREBY GIVEN, that on the day of , A. D. ,
19 , at the hour of , final settlement with
will be made by
for the construction of
owned and operated by
and located in County, Colorado, subject to prior satisfac-
tory final inspection, and acceptance of said facilities by
, and that any person , co-partnership, association
of persons, company or corporation that has furnished labor, materials, equip-
ment, sustenance, or other supplies used or consumed by such Contractor, his
sub-contractor, in or about the performance of the work contracted to be done,
and whose claim therefore has been paid by the Contractor or the sub-contractor,
at any time up to and including the time of final settlement for the work con-
tracted to be done, may file a verified statement of the amount due and unpaid
on account of such claim with the
Failure on the part of the claimant to file such a verified statement of claim
prior to such final settlement will release
• from any and all liability for such claimant's claim.
(Owner)
By:
Title:
(Said Notice to be published at least twice, final publication at least ten
( 10) days prior to settlement) .
FINAL RECEIPT AND GUARANTEE
County, Colorado
19_
(Date)
Received this date of , 19 , as full and final payment
of the cost of improvements provided for in the Contract executed by
and Payee on or about , 19_,
together with all amendments, change orders , and additions thereto, the sum of
Dollars ($ ) ,
by checking, being the remainder of the full amount accruing to the undersigned
by virtue if said Contract and extra work performed thereunder, said payment
covering and including full payment and covering and including full payment for
the cost of all extra work and material furnished by the undersigned in the con-
struction of said improvements, and all incidentals thereto, for the additional
consideration of One ($1 .00) Dollar for the execution hereof, and the under-
signed hereby releases
from any and all claims whatsoever resulting from said Contract and all work
performed thereunder.
The undersigned by these presents certifies that all persons doing work upon or
furnishing materials for said improvements under the foregoing Contract and all
additions thereto have been paid in full , and the undersigned further certifies
that all work has been completed in a workmanlike manner in conformity with the
Plans and Specifications of the pertinent thereto. That
should any portion of said work or material prove defective within one (1) year
from the date of final acceptance of the entire project by the Owner, the under-
signed shall replace any such defective material and remedy any such defective
work to the satisfaction of
and shall defend, indemnify, and save harmless
from all damages, claims, demands , expenses , and charge of
every kind which may arise as a result of any such defective material and
workmanship during said period. The Performance Bond for this Contract shall
remain in effect for the period of the Guarantee.
Name:
By:
Title:
ARTICLE 2
SPECIAL CONDITIONS
Paragraph Description Page
2.01 General Intention 1
2.02 Contract Time 1
2.03 Liquidated Damages 1
2.04 Pay Quantities 1
2.05 Water for Construction 1
2.06 Test Borings 1
2.07 Drawings Accompanying Specifications 1
2.08 Underground Obstructions 2
2.09 Working Hours 2
2. 10 Construction Staking 2
2. 11 Work Done Without Lines or Grades 2
2. 12 Changes in the Work 2
2. 13 Changes in Contract Price 3
2. 14 Fence Removal and Replacement 3
2. 15 Traffic and Signing 3
2. 16 Materials Specifications 3
2. 17 Index of Retained Resilient Modulus Test 4
2. 18 Clearing and Grubbing 4
2. 19 Unclassified Excavation 4
2.20 Embankment 4
2.21 Seeding, Fertilizing and Mulching 4
2. 22 Relocate Existing Utilities 5
2.23 Corrugated Metal Pipe 5
2.24 Construction Easements 5
ARTICLE 2
SPECIAL CONDITIONS
2.01 General Intention. It is the declared and acknowledged intention that
the Contractor construct two miles of grading, drainage and paving of
Weld County Road 5 between Colorado State Highway 117 and Weld County Road
6 situated southeast of the Town of Erie. In addition, this project in-
cludes the widening and overlaying of approximately 0.52 miles of Colorado
State Highway //7 along with shaping, base course and paving of approx-
imately 0. 3 miles of Weld County Road 6.
2.02 Contract Time. The time allowed for the completion of the Contract
shall be as stated in the Bid Proposal Form. The construction time
shall begin as stated in the Notice to Proceed. If construction
continues beyond the Contract time period, or the time as extended,
the Contractor will be assessed liquidated damages as stated hereafter.
2.03 Liquidated Damages. The Contractor agrees that he will complete the
work within the Contract time limit stated herein or within the time
as extended as provided elsewhere in the Contract Documents. In the
event the Contractor fails to complete the work within the allotted
time limit, liquidated damages will be assessed in the amount of One
Hundred Dollars ($ 100. 00) per calendar day in excess of the time period
allotted. Said liquidated damages shall also include the cost of excess
engineering i f so requi red.
2.04 Pay Quantities. The Contractor shall be paid on a unit price basis
as indicated by the Bid Form for the actual quantities installed.
All materials which are paid for as a result of measuring or
proportion by weight must be accompanied with certified weight
tickets and presented to the Engineer on a daily basis. Failure
to present daily weight tickets as required by the Engineer can
result in denial of payment for claimed material furnished.
2.05 Water for Construction. Water used in construction shall be obtained
and paid for by the Contractor with the cost incorporated in the Unit
Prices bid.
2.06 Test Borings. Test borings were made at selected locations for the
purpose of the road design and are indicated on the drawings. The log of
the borings for each test hole is included in the back of these specifi -
cations. A copy of the soils report as prepared by Empi re Laboratories ,
Inc. of Ft. Collins , Colorado is on file with the Weld County Engineer
and may be inspected during regular office hours.
2. 07 Drawings Accompanying Specifications. The following drawings accompany the
specifications and are a part thereof.
I. Cover Sheet
2. Typical Cross-Section and Details
3-9. Plan and Profile Sheets Weld County Road 5
10- 12. Plan and Profile Sheets Colorado State Highway 7
13. Striping Plan Colorado State Highway 7
14. Plan and Profile Weld County Road 6
15-31 . Cross Sections Weld County Road 5
32-36. Cross Sections Colorado State Highway 7
1 of 5
2.08 Underground Obstructions. The Contractor shall anticipate all
underground obstructions such as water lines , gas lines , sewer lines,
concrete, debris and all other types of utility lines. No extra
payment will be allowed for the removal , protection , replacement , repair
or possible increased cost caused by underground obstructions. Any such
lines or obstructions indicated on the drawings show only the approximate
location from the information available and shall be verified in the
field by the Contractor. The Owner and Engineer will endeavor to familiar-
ize the Contractor with all known underground utilities and obstructions
but this will not relieve the Contractor from full responsibility in
anticipating all underground obstructions.
The Contractor is responsible for notifying, requesting location veri -
fication and keeping the respective utility owners informed as to the
progress made during the prosecution of this work. The Contractor shall
protect the existing utilities in a manner as requested by the
respective utility owners at no extra compensation. The Contractor, by
his signature on the Proposal and subsequently on the Agreement, agrees
to keep the Owner and Engineer free from any claim, either directly or
indirectly, from any damage to any and all utilities shown or missed by
the drawings.
2.09 Working Hours. Unless special arrangements are made with the Engineer,
work shall be conducted within the period between 7 A. M. and 6 P.M. ,
Monday through Friday. No work shall be done at night, holidays , or
Sundays unless special permission is given by the Engineer.
2. 10 Construction Staking. The Contractor shall furnish all surveys for
construction guidance and shall establish all base lines for locating
the principal component parts of the work together with a suitable
number of bench marks , all at the Contractor' s expense. During
design phases , base lines and bench marks were established and are
described on the plans.
All section corners shall be re-established by a licensed Land Surveyor
and these corners shall be registered with the County Surveyor.
2. 11 Work Done Without Lines or Grades. Any work done without having been
properly located and established by base lines , offset stakes , bench
marks , or other basic reference points located, established, or checked
by the Engineer, and found to be improper, may be ordered removed and
replaced at the Contractor' s expense .
2. 12 Changes in the Work. The Owner may at any time, as the need arises ,
order changes within the scope of the work without invalidating the
Agreement. If such changes increase or decrease the amount due under
the Contract Documents , or in the time required for performance of the
work, the Contractor shall perform the same at the unit prices or lump
sum indicated in the bid. Changes may occur to a maximum of twenty-five
percent (250) of the Contract price. After exceeding twenty- five percent
(25%) the applicable unit price or lump sum may be negotiated and an
equitable adjustment shall be authorized by Change Order as noted in
Section 2. 13, "Changes in Contract Price".
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2. 13 Changes in Contract Price. The Contract price may be changed only by a
Change Order. The value of any work covered by a Change Order or of
any claim for increase or decrease in the Contract price shall be
determined by one or more of the following methods in the order of
precedence listed below:
A. Unit prices previously approved
B. An agreed lump sum.
C. The actual cost of labor, direct overhead, materials , supplies,
equipment, and other services necessary to complete the work.
In addition there shall be added an amount to be agreed upon
but not to exceed fifteen percent (15%) of the actual cost of
the work to cover the cost of general overhead and profit.
2 . 14 Fence Removal and Replacement. There are remnants of an old wood
post and barbed wire fence located generally along the north-south
section line for a distance of 9,000 feet, more or less. The
Contractor shall remove this fence and dispose of it. The cost of
this fence removal shall be included in the bid item "Fencing".
Fencing shall be placed the entire length of County Road 5 along
the R.O.W. lines except where noted on plans. The Contractor will
be paid on the actual lineal feet of fence placed in accordance
with the Unit Price Bid. Removal and disposal of steel post and
cable fence at Sta. 1+80 to 2+00 to be included in base bid.
2 . 15 Traffic and Signing. Contractor shall maintain open access to traffic
on Colorado State Highway 7 at all times. The Contractor shall co-
ordinate his work efforts on Weld County Road 6 with Colorado Landfill ,
Inc. who is now operating a landfill near the western terminus of the
construction on Weld County Road 6. Construction signing, barricading and
flagging shall be in accordance with the Manual on Uniform Traffic
Control Devices and shall be provided for by the Contractor under both
Bid Schedules. Signing and flagging shall conform to the State Department
of Highways criteria. Barricading at the cross-roads to prevent traffic
entering the construction area shall be provided by the Contractor. All
cost incidental to this paragraph shall be included in Contractor's bid
proposal .
2. 16 Materials Specifications. Material specifications and references in
the plans are in accordance with the "State Department of Highways ,
Division of Highways , State of Colorado, Standard Specifications for
Road and Bridge Construction, 1981 ." The Contractor shall submit
for written approval an asphalt mix formula and aggregate test results
to the Weld County Engineering Department at least two weeks prior to
job start. Written approval from the Engineering Department of an
asphalt mix formula and the aggregate must be obtained prior to job
start. Materials and mix formulas which have been approved by the
Colorado Department of Highways for comparable highway construction
are acceptable. Proof of such acceptance will be required.
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2. 17 Index of Retained Resilient Modulus Test. Contractor shall supply
samples of aggregate and asphalt or an actual plant mix sample. The
material will be tested by the index of retained resilient modulus (MR) ,
as determined by the moisture susceptibility test, and shall not be less
than 70.
2. 18 Clearing and Grubbing. The Contractor shall strip the top six (6) inch
layer of silty topsoil from the area of both embankment and excavation .
This material shall be stockpiled for use on embankment and cut slopes
to be seeded. Then the upper six (6) inches of the natural subgrade
below should be scarified and recompacted in all areas of embankment
to within two percent (2%) of optimum moisture to at least ninety-five
percent (95%) of Standard Proctor Density AASHT0-T-99.
The cost of stripping the six (6) inches of topsoil , stockpiling, and
replacing the topsoil on embankment and cut slopes shall be included
in "Clearing and Grubbing". This six inch layer is shown on all cross-
sections (sheets 15-36) and the volume represented thereby has been ex-
cluded in the computations in all areas where excavation is required and
the volume represented thereby has been included in the computations where
embankment is required.
The cost of scarifying and recompacting shall be included in the bid
item "Unclassified Excavation".
2. 19 Unclassified Excavation. This bid item shall include all costs involved
in excavating, moving, compacting the subbase as mentioned in Sec. 2. 18,
compacting the fill as mentioned in Sec. 2. 20, including water, other
materials and equipment as required.
A 20% shrinkage factor has been used and on this basis there is a
small amount of excess excavation over the fill required. The Engineer
shall designate the areas in which the Contractor can waste this excess
material. Mass diagram of earthwork available at Weld County Engineer's office.
2.20 Embankment. All fills shall consist of the on-site soils. All fill
placed at the site shall be placed in uniform six (6) to eight (8)
inch lifts and compacted two percent (2%) of optimum moisture at
least ninety-five percent (95%) of Standard Proctor Density ASTMD 698-78.
The finished subgrade in cut sections shall be scarified a minimum of
six (6) inches and recompacted two percent (2%) of optimum moisture
to at least ninety-five percent (95%) of Standard Proctor Density ASTMD 698-78.
Each successive lift of fill placed on slopes should be benched slightly
into the existing grade.
2. 21 Seeding, Fertilizing, and Mulching. This work shall consist of furnishing
and drilling in or sowing seed in accordance with the technical specifi-
cations , accepted horticultural practice, and in reasonably close conform-
ity with the locations and details shown on plans or as designated. The
work shall also include soil preparation , furnishing and spreading
fertilizer, and mulching. Seed mixture shall be as follows :
Type % Content Application Rate (PLS)
Sand reed grass 40 1. 4 lbs. /acre
Switch grass 10 . 25 lbs. /acre (Total 3. 1 lbs./acre PLS)
Side oats grama 25 1. 2 lbs./acre
Blue grama 25 .25 lbs. /acre
4 o 5
Prior to seeding, till fertilization into top 2" of soil at the
following rates :
Nitrogen - 40 lbs. /acre (minimum 18% available nitrogen)
Phosphate - 40 lbs. /acre (minimum 45% P205)
Apply straw or hay mulch with crimping equipment at rate of 1-1/2 tons
per acre. Use hand crimping methods where terrain would cause unsatis-
factory results with mechanical methods. Complete all mulching within 24
hours after seeding. Use secured burlap or other blanketing materials where
terrain prevents mulching as described above.
2.22 Relocate Existing Utilities. The County will be responsible for making
the necessary arrangements with each of the utility companies having
lines or improvements in the work area, whether above grade or below
grade, to move, adjust or relocate their own utility lines. Any costs
involved in these changes will be paid for directly by the County to
the individual utility involved.
The following utility companies were contacted during the preparation
of the splans and specifications. Their telephone numbers , also listed
below, may be of assistance to the contractor in coordinating the work
of the utilities with the work of the contractor.
Company Telephone
Bell Telephone 303-223-0307
Coors Pipeline 303-659-7663
Energy Oil 303-776-4354
Panhandle Eastern 303-659-5922
Union REA 303-659-0551
Western Slope Gas 303-667-3404
Please see note on sheet two of the drawings for further re-
quirements of the contractor relative to utility lines both above
and below grade.
2.23 Corrugated Metal Pipe. The contractor may substitute aluminum
corrugated pipe in lieu of the galvanized iron pipe called for
on the plans. Also, the contractor may substitute metal arch
pipe in lieu of the round pipe called for on the plans provided
the arch pipe has a carrying capacity equal to or greater than the
round pipe for which it is being substituted. No additional
payment will be made for any of the above mentioned substitutions.
2.24 Construction Easements . Although not delineated on the plan, the County
of Weld has secured a 15' wide construction easement to the East and
West of the Right-of-Way shown on the drawings for Weld County Road #5.
Also, a 75' X 75' construction easement has been provided for each service
road and at both ends of each culvert that crosses Weld County Road #5.
This 75' X 75' easement is centered on each service road or culvert and is
contiguous to the Right-of-Way lines shown on the plan.
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GENERAL CONDITIONS OF CONTRACT
FOR
ENGINEERING CONSTRUCTION
ARTICLE 3
GENERAL CONDITIONS
INDEX
•
Section No .
Definitions -1
Execution and Correlation of Documents- 2
Design, Drawings , and Instructions 3
Copies of Drawings Furnished 4
Order of Completion 5
Ownership of Drawings 6
Familiarity with Work 7
Changed Conditions 8
Materials, and Appliances g
Employees 10
Royalities and Patents 11
Surveys- 12
Permits, Licenses, and Regulations _ 13
Protection of the Public and of Work and Property-- 14
Emergency Work 14 (a)
Inspection of Work 15
Superintendence 16
Discrepancies 17
Changes in the Work 18
Extension of Time- 19
Claims 20
Correction of Work Before Final Payment 21
Suspension of Work 22
The Owner's Right to Terminate Contract 23
Removal of Equipment P5
Responsibility for Work 26
Parial Completion and Acceptance-- 27
Payments Withheld Prior to Final Acceptance of Work - 28
Contractor's Insurance 29
Surety Bonds 30
Assignment- 32
Rights of Various Interests 33
Separate Contracts 34
Subcontracts--- 35
Engineer's Status• 36
Engineer's Decision -37
Arbitration- 38
Lands for Work- 39
Cleaning Up- 40
Acceptance and Final Payment 41
Legal Relations and Responsibility to Public 42
Warranties 43
SEC. 1 —Definitions to beginning work on the various items on the
project site. Payment for same will be made as '
(al The Contract Documents shall consist of provided for in the Special Conditions.
Advertisement for Bids or Notice to Contractors,
Instructions to Bidders, Form of Bid or Proposal, SEC. 2—Execution and Correlation of
Addenda, the signed Agreement, the General and
Special Conditions of Contract, the Drawings, and Documents
the Specifications, including all modifications there- The Agreement shall be signed in duplicate by
of incorporated in any of the documents before the the Owner and the Contractor.
execution of Agreement. The Contract Documents are complementary and
(b) The Owner and the Contractor are those what is called for by any one shall be as binding as
if called for by all. In case of conflict between Draw-
named as such in the Agreement. They are treated
throughout the Contract Documents as if each were ings and Specifications, the Specifications shall
of the singular number and masculine gender. govern. Special Specifications shall govern over
Standard Specifications. Materials or work described
(c) Wherever in this Contract the word "Engi• in words which so applied have a well-known techni•
neer" is used it shall be understood as referring to cal or trade meaning shall be held to refer to such
the County Engineer, recognized standards.
acting SEC. 3—Design, Drawings and Instructions
personally or through any assistants duly author-
ized in writing by the Engineer. It is agreed that the Owner will be responsible for
(d) Any written notice served pursuant to the the adequacy of design and sufficiency of the Draw-
terms of the Agreement shall be deemed to have Draw-
ings and Specifications. The Owner, through the
been duly served if delivered in person or by Enineeq or the Engineer as the Owner's represen[a-
registered mail to the individual, or to a partner, five,shall furnish Drawings and Specifications which
or to an officer of the corporation for whom it is adequately represent the requirements of the work
intended, or any authorized representative thereof. to be performed under the Contract. All such draw-
ings and instructions shall he consistent with the
(e) The term "Subcontractor" shall mean any- Contract Documents and shall be true developments
one, other than the Contractor, who furnished at thereof. Drawings and Specifications which ade-
the site, under an Agreement with the Contractor, quately represent the work to be done shall be
labor, or labor and materials, or labor and equip- furnished prior to the time of entering into the
meat, but shall not include any person who furnishes Contract. The Engineer may, during the life of the
services of a personal nature. Contract, and in accordance with Section 18, issue
(/) Work shall mean the furnishing of all labor, additional instructions, by means of drawings or
materials, equipment, and other incidentals neces- other media, necessary to illustrate changes in the
•
sary to the successful completion of the Contract work.
and the carrying out of all the duties and obligations ,s
imposed by the Contract. SEC. 4—Copies of Drawings Furnished
(g) Extra work shall mean such additional labor, Unless otherwise provided in the Contract Docu-
materials, equipment, and other incidentals as are ment, the Engineer will furnish to the Contractor,
required to complete the Contract for the purpose for free of charge, all copies of drawings and specifica-
which it was intended but was not shown on the tions reasonably necessary for the execution of
Drawings or called for in the Specifications, or is the work.
authorized by the Owner in addition to that work
called for in the Drawings and Specifications. SEC. 5—Order of Completion
(h) Dispute shall mean lack of agreement be- The Contractor shall submit, at such times as
tween any parties that have any obligations, duties, may reasonably be requested by the Engineer,
or responsibilities under the terms of the Contract, schedules which shall show the order in which the
Drawings, or Specifications. Contractor proposed to carry on the work, with
(1) Mobilization shall consist of preparatory dates at which the Contractor will start the several
work and operations, including, but not limited to, parts of the work, and estimated dates of comple-
those necessary for the movement of personnel, tion of the several parts. The special provisions or
equipment, supplies and incidentals to the project plans may require that certain phases or parts of
site; for the establishment of all offices, buildings the work be completed first or in a certain order.
and other facilities necessary for work on the If the Contractor elects to use PERT or CPM charts,
project; and for all other work and operations he shall furnish copies of them to the Engineer,
which must be performed, or costs incurred, prior upon request.
2
SEC. 6—Ownership of Drawings SEC. 10—Employees
All Drawings, Specifications and copies thereof The Contractor shall at all times enforce strict
furnished by the Owner shall not be reused on discipline and good order among his employees,
other work by the Contractor. and shall seek to avoid employing on the work any
unfit person or anyone not skilled in the work as-
SEC. 7—Familiarity with Work signed to him.
Adequate sanitary facilities shall be provided by
The Owner has endeavored to ascertain all perti- the Contractor.
nent information regarding site conditions, and
subsurface conditions, and has, to the best of his SEC. 11 —Royalties and Patents
ability, furnished all such information to the Con-
tractor. Such information is given, however, as The Contractor shall pay all applicable royalties
being the best factual information available to the and license fees. He shall defend all suits or claims
Owner, but is advisory only. The Contractor, by for infringement of any patent rights and save the
careful examination, shall satisfy himself as to the Owner harmless from loss on account thereof ex-
nature and location of the work, the character of cept that the Owner shall be responsible for any
equipment and facilities needed preliminary to and such loss when a particular process, design, or the
during the prosecution of the work, the general and product of a particular manufacturer or manu-
local conditions, and all other matters which can facturers is specified, unless the Owner has notified
in any way affect the work under this Contract. the Contractor prior to the signing of the Contract
that the particular process, design, or product is
SEC. 8—Changed Conditions patented or is believed to be patented.
The Contractor shall promptly, and before such SEC. 12—Surveys
• conditions are disturbed, except in the.event of an
emergency, notify the Owner in writing of: (11 Unless otherwise specified, the Owner shall fur-
Subsurface or latent physical conditions at the site nish all land surveys and establish all base lines
differing materially from those indicated in this for locating the principal component parts of the
Contract; or (2) previously unknown physical or work together with a suitable number of bench
other conditions at the site, of an unusual nature, marks adjacent to the work. From the information
differing materially from those ordinarily en- provided by the Owner, the Contractor shall develop
countered and generally recognized as inherent in and make all detail surveys needed for construction
work of the character provided for in this Contract. such as slope stakes, batter boards, stakes for pile
The Engineer shall promptly investigate the con- locations and other working points, lines and
ditions, and if he finds that such conditions do so elevations. '
•
materially differ and cause an increase or decrease The Contractor shall carefully preserve bench
in the cost of, or the time required for, performance marks, reference points and stakes and, in case of
of this Contract, an equitable adjustment shall be willful or careless destruction, he shall be charged '
made and the Contract modified in writing accord- with the resulting expense and shall be responsible
ingly. Any claim of the Contractor for adjustment for any mistakes that may he caused by their un-
hereunder shall not be allowed unless he has given necessary loss or disturbance.
notice as above required; provided that the Engineer
may, if he determines the facts so justify, consider
and adjust any such claims asserted before the date SEC. 13—Permits, Licenses and Regulations
of final settlement of the Contract. If the parties Permits and licenses of a temporary nature neces-
fail to agree upon the adjustment to be made, the sary for the prosecution of the work shall be
dispute shall be determined as provided in Section secured and paid for by the Contractor. Permits,
39 hereof. licenses and easements for permanent structures or
permanent changes in existing facilities shall be
SEC. 9—Materials, and Appliances secured and paid for by the Owner, unless other-
wise specified. The Contractor shall give all notices
Unless otherwise stipulated, the Contractor shall and comply with all laws, ordinances, rules and
provide and pay for all materials, labor, water, regulations bearing on the conduct of the work as
tools, equipment, light, power, transportation and drawn and specified. If the Contractor observes that
other facilities necessary for the execution and com- the Drawings and Specifications are at variance
pletion of the work. Unless otherwise specified, all therewith, he shall promptly notify the Engineer
materials shall be of good quality. The Contractor in writing, and any necessary changes shall be ad-
shall, if required, furnish satisfactory evidence as to justed as provided in the Contract for changes in
the kind and quality of materials. the work.
3
SEC. 14—Protection of the Public and of its readiness for inspection, and if the inspection is
Work and Property by an authority other than the Engineer, of the date
The Contractor shall provide and maintain all fixed for such inspection. Inspections by the Engi-
neer shall be promptly made, and where practicable
necessary watchmen, firemen, barricades, signing
in with at the source of supply. If any work required to be
I iX accordanceof warning lights and inspected should be covered up without approval or
and take manualall fsigning,precautionswrnng the pr signs consent of the Engineer, it must, if required by the
and and safety reasonableo the public. shall forc henuo tee-ly Engineer, be uncovered for examination and prop-
erly restored at the Contractor's expense, unless the
maintain reasonable protection of all work from Engineer has unreasonably delayed inspection.
damage. and shall take all reasonable precautions
to protect the Owner's property from injury or Reexamination of any work may be ordered by
loss arising in connection with this Contract. Adja- the Engineer, and, if so ordered, the work must be
cent streets and highways shall be kept free of dirt uncovered by the Contractor. If such work is found
and litter from Contractor's handling operations. to be in accordance with the Contract Documents,
The Contractor shall take reasonable precautions the Owner shall pay the cost of reexamination and
to protect private property adjacent to the project replacement. If such work is not in accordance with
from such nuisances as dust and dirt, rock and the Contract Documents, the Contractor shall pay
excessive noise. He shall make good any damage, such cost.
injury or loss to his work and to the property
Owner resulting from lack of reasonable protective SEC. 16—Superintendence
precautions. except such as may be due to errors
The Contractor shall keep on his work at all times
in the Contract Documents, or caused by agents or
employees of the Owner. He shall adequately protect during its progress, a competent superintendent
adjacent private and public property, as provided by and/or responsible assistants. The superintendent
Law and the Contract Documents, shall represent the Contractor and all directions
given to him shall be binding as if given to the Con-
SEC. 14(a)—Emergency Work tractor. Important directions shall immediately be
confirmed in writing to the Contractor. Other direc-
In an emergency affecting the safety of life or of tions shall be so confirmed on written request in
the work or of adjoining property, the Contractor each case.
is, without special instructions or authorization
from the Engineer, hereby permitted to act at his SEC 17—Discrepancies
discretion to prevent such threatening loss or injury. If the Contractor, in the course of the work, finds
He shall also so act, without appeal, if so authorized any discrepancy between the Drawings and e th
or instructed by the Engineer. Any compensation physical conditions of locality, or any errors he
claimed by the Contractor on account of emergency omissions in Drawings theor in the layout as given by
work, shall be determined by agreement or in ac-
survey points and instructions, he shall immediately
cordance with Section 39. inform the Engineer, in writing, or by telegram,
and the Engineer shall promptly verify the same.
SEC. 15—Inspection of Work Any work done after such discovery, until author-
The Owner shall provide sufficient competent ized, will be done at the Contractor's risk, except
personnel, working under qualified supervision for in the event of an emergency.
the inspection of the work while such work is in
progress to ascertain that the completed work will SEC. 18— Changes in the Work
comply in all respects with the standards and re- The Owner may make changes in the Drawings
quirements set forth in the Specifications. Notwith- and Specifications or scheduling of the Contract
standing such inspection, the Contractor will be within the general scope at any time by a written
held responsible for the acceptability of the finished order. If such changes add to or deduct from the
work. Contractor's cost of the work, the Contract price
The Engineer and his representatives shall at all shall be adjusted accordingly. All such work shall
times have access to the work whenever it is in be executed under the conditions of the original
preparation or progress, and the Contractor shall Contract except that any claim for extension of
provide proper facilities for such access and for time caused thereby shall be allowed and adjusted
inspection- at the time of ordering such change or at such
If the Specifications, the Engineer's instructions, time as it can be ascertained.
laws, ordinances, or any public authority require In giving instructions, the Engineer shall have
any work to be specially tested or approved, the authority to make minor changes in the work not
Contractor shall give the Engineer timely notice to involving extra cost, and not inconsistent with the
4
•
purpose of the work. Except in an emergency endan- instruction, and in any event before proceeding
gering life and property, no extra work or change to execute the work, except emergency endangering
shall he made unless in pursuance of a written life or property, and the procedure shall then be as
order by the Engineer, and no claim for an addition provided for changes in the work. No such claim
to the Contract Sum shall be valid unless the addi- shall be valid unless so made.
tional work was so ordered.
The Contractor shall proceed with the work as
changed and the value of any such extra work or SEC. 21 —Correction of Work Before
change shall be determined as provided for in the Final Payment
Agreement. The Contractor shall promptly remove from the
premises all materials and work condemned by the
SEC. 19—Extension of Time Engineer as failing to meet Contract requirements,
(a) Extension of time stipulated in the Contract whether incorporated in the work or not, and the
for com tenon of the work will be made when Contractor shall promptly replace, and re-execute
p his own work in accordance with the Contract and
changes in the work occur, as provided in Section ,without expense to the Owner and shall bear the
18; when the work is suspended as provided in expense of making good all work of other con-
Section 23; and when the work of the Contractor tractors destroyed or damaged by such removal or
is delayed on account of conditions which could not replacement.
have been foreseen, or which were beyond the con-
trol of the Contractor, his Subcontractors or sup- All removal and replacement work shall he done
pliers, and which were not the result of their fault at the Contractor's expense. If the Contractor does
or negligence. Extension of time for completion not take action to remove such condemned work and
shall also be allowed for any delays in the progress materials within 10 days after written notice, the
- of the work caused byany act (except as provided , Owner may remove them and store the material
elsewhere in these General Conditions) or neglect at the expense of the Contractor. If the Contractor
of the Owner or his employees, or by other Con- does not pay the expense of such removal and stor-
tractors employed by the Owner, or for any delay age within ten days time thereafter, the Owner may,
in the furnishing of drawings and necessary infor- upon ten days written notice, sell such materials at
mation by the Engineer, or delay in return of shop auction or at private sale and shall pay to the Con-
drawings, or for any other cause which in the tractor any net proceeds thereof, after deducting all
opinion of the Engineer entitles the Contractor to the costs and expenses that should have been borne
an extension of time, including but not restricted by the Contractor.
to, acts of the public enemy, acts of any govern-
ment in either its sovereign or any applicable con-
tractual capacity, acts of another contractor in the SEC. 22—Suspension of Work '
performance of a contract with the Owner, fires,
floods, epidemics, quarantine restrictions, freight The Owner may at any time suspend the work,
embargoes, unusually severe weather, or labor a
disputes. or any part thereof, by giving 3 days
notice to the Contractor in writing. The Work shall
(b) The Contractor shall notify the Engineer be resumed by the Contractor within ten (10) clays
promptly of any occurrence or conditions which in after the date fixed in the written notice from the
the Contractor's opinion entitle him to an extension Owner to the Contractor so to do. The Owner shall
of time. Such notice shall be in writing and shall reimburse the Contractor for expense incurred by
be submitted in ample time to permit full investiga- the Contractor in connection with the work under
tion and evaluation of the Contractor's claim. The this Contract as a result of such suspension. If the
Engineer shall acknowledge the Contractor's notice work, or any part thereof, shall be stopped by notice
within 5 days of its receipt. Failure to provide such in writing aforesaid, and if the Owner does not give
notice shall constitute a waiver by the Contractor notice in writing to the Contractor to resume work
of any claim.
at a (late within 3 days of the date fixed
SEC. 20—Claims in the written notice to suspend, the Contractor may
abandon that portion of the work so suspended
If the Contractor claims that any instructions by and he will be entitled to the estimates and payments
drawings or otherwise issued after the date of the for all work done on the portions so abandoned, if
Contract involve extra cost under the Contract, he
shall give the Engineer written notice thereof within any. plus 3 percent of the work so 10 aban-
doned, to compensate for loss of overhead, plant
days, after the receipt of such expense, and anticipated profit.
5
SEC. 23—The Owner's Right to upon seven days' written notice to the Owner and
Terminate Contract the Engineer, stop work or terminate this Contract
If Contractor should be a and recover from the Owner payment for all work
ref, the if o should make a ^e adjudged dj gi a bank-or executed, plus any loss sustained upon any plant
Pc or materials plus reasonable profit and damages.
the benefit of his creditors, or if a receiver should
be appointed on account of his insolvency, or if he
should persistently or repeatedly refuse or should SEC. 25—Removal of Equipment
fail, except in cases for which extensions of time In the case of termination of this Contract before
are provided, to supply enough properly skilled completion from any cause whatever, the Con-
• workmen or materials, or if he should fail to make tractor, if notified to do so by the Owner, shall
payments to Subcontractors or for material or labor,
so as to affect the progress of the work, or persist- promptly remove any part or all of his equipment
ently be guilty of a substantial violation of the and supplies from the property of the Owner, failing
Contract, then the Owner, upon the written notice which the Owner shall have the right to remove such-
of the Engineer that sufficient cause exists to justify equipment and supplies at the expense of the Con-
such action may, without prejudice to any other tractor.
right or remedy and after giving the Contractor and
his Surety seven days' written notice, terminate the SEC. 26—Responsibility for Work
employment of the Contractor and take possession
of the premises and of all materials,tools, equipment The Contractor assumes full responsibility for
and other facilities installed on the work and paid the work. Until final acceptance, the Contractor
for by the Owner, and finish the work by whatever shall he responsible for damage to or destruction of
method he may deem expedient. In such case the the work (except for any part covered by partial
Contractor shall not be entitled to receive any acceptance as set forth in Section 27), unless such
further payment until the work is finished. If the damage or destruction is caused by the negligence
unpaid balance of the contract price shall exceed of the Contractor. He agrees to make no claims
the expense of finishing the work, including com- against the Owner for damages to the work from
pensation for additional managerial and adminis- any cause except negligence or willful acts of the
trative services, such excess shall he paid to the Owner,improper or faulty design, acts of an Enemy,
Contractor. If such expense shall exceed such unpaid acts of war or as provided in Section 31.
balance, the Contractor shall pay the difference to
the Owner. The expense incurred by the Owner as SEC. 27—Partial Completion and Acceptance
herein provided, and the damage incurred through
the Contractor's default, shall be certified by the If at any time prior to the issuance of the final
Engineer. certificate referred to in Section 41 hereinafter, any
Where the Contract has been terminated by the portion of the permanent construction has been ' -
Owner, said termination shall not affect or termi- satisfactorily completed, and if the Engineer deter-
nate any of the rights of the Owner as against the mines that such portion of the permanent construe- y
Contractor or his surety then existing or which may tion is not required for the operations of the Con-
thereafter accrue because of such default. Any re- tractor but is needed by the Owner, the Engineer
tention or payment of moneys by the Owner due the shall issue to the Contractor a certificate of partial
Contractor under the terms of the Contract, shall completion, and thereupon or at any time there-
not release the Contractor or his surety from Ha- after the Owner may take over and use the portion
bility for his default. of the permanent construction described in such
certificate.
SEC. 24—Contractor's Right to Stop Work The issuance of a certificate of partial completion
or Terminate Contract shall not be construed to constitute an extension of
If the work should be stopped under an order of the Contractor's time to complete the portion of the
any court, or other public authority, for a period permanent construction to which it relates if he has
of more than three months, through no act or fault failed to complete it in accordance with the terms
of the Contractor or of anyone employed by him, of this Contract. The issuance of such a certificate
or if the Engineer should fail to issue any estimate shall not operate to release the Contractor or his
sureties from any obligations under this Contract
for payment within days after it is due, or the performance bond.
or if the Owner should fail to pay the Contractor
If such prior use increases the cost of or delays •
within _ days of its maturity and presen- the work, the Contractor shall be entitled to extra
tation, any sum certified by the Engineer or compensation, or extension of time, or both, as the
awarded by arbitrators, then the Contractor may, Engineer may determine, unless otherwise provided.
•
•
SEC. 28—Payments Withheld Prior to All policies shall be for not less than the amounts
Final Acceptance of Work set forth above or as stated in the Special Condi-
As a result of subsequently discovered evidence, Condi-
tions. Other forms of insurance shall also be pro-
As vided if called for by the Special Conditions.
the Owner may withhold or nullify the whole or
part of any certificate of payment to such extent Certificates or copies of policy of such insurance
as may he necessary to protect himself from loss shall be filed with the Owner, and shall be subject
caused by: to his approval as to adequacy of protection, within
(al Defective work or materials not the requirements of the Specifications. Said certifi-
reefe remedied
cates of insurance shall contain a 30 days' written
(b I Claims tiled or reasonable evidence indicat- notice of cancellation in favor of the Owner.
ing probable filing of claims by other parties
against the Contractor SEC. 30—Surety Bonds
fcl Failure of the Contractor to make payments
properly to Subcontractors or for material The Owner shall have the right, prior to the sign-
or labor ing of the Contract, to require the Contractor to
furnish a 100 percent performance bond for the
(di Damage to another Contractor Contract and the payment of all obligations, arising
thereunder, in such form as the Owner may pre-
When the above grounds are removed or the scribe in the bidding documents and executed by
Contractor provides a Surety Bond satisfactory to one or more financially responsible sureties. If
the Owner which will protect the Owner in the prior to the receipt of bids notice is given that such
amount withheld, payment shall be made for bond is required, the premium shall be paid by the
amounts withheld because of them. No moneys may Contractor; if subsequent thereto, it shall be paid
be withheld under (hi and (el above if a payment by the Owner. Such surety bond shall cover the en-
bond is included in the Contract. - ... tire, contract amount, regardless of changes in total
contract amount.
SEC. 29—Contractor's Insurance
The Contractor shall secure and maintain such SEC. 31 —Owner's Insurance
insurance policies as will protect himself, his Sub- The `.‘f$i X}G (Contractor) shall secure and
contractors, and unless otherwise specified, the
Owner, from claims for bodily injuries, death or maintain insurance to 100 percent of the
property damage, which may arise from operations insurable value thereof against fire, earthquake,
under this Contract whether such operations be by flood, and other perils as he may deem necessary
himself or by any Subcontractor or anyone em- and shall name the (Contractor) (Owner) and
ployed by them directly or indirectly. The following Subcontractors as additional insured. Such insur- '
insurance policies are required: ance shall be upon the entire work in the Contract
(a) Statutory Workmen's Compensation and any structures attached or adjacent thereto. s
(b) Contractor's Public Liability and Property
Damage— SEC.32—Assignment
Bodily Injury: Neither party to the Contract shall assign the Con-
each person S 15[0,000 tract or sublet it as a whole without the written
each accident S 400,000 consent of the other and its surety, nor shall the
Contractor assign any moneys due or to become due
Property Damage: to him hereunder, except to a bank or financial
each accident 5100,000 institution acceptable to the Owner. .
aggregate Sa094000
(c) Automobile Public Liability and Property SEC. 33—Rights of Various Interests
Damage—
Wherever work being done by the Owner's forces,
Bodily Injury: utility companies, or by other contractor's forces is
each person $ 100,000 contiguous to work covered by this Contract, the
each accident $ 300,000 respective rights of the various interests involved
shall be established by the Engineer, to secure the
Property Damage: completion of the various portions of the work in
each accident $ 300,000 general harmony.
7
SEC. 34—Separate Contracts SEC. 39—Lands for Work
The Owner reserves the right to let other contracts The Owner shall provide as indicated on Drawing
in connection with this project. The Contractor shall
afford other contractors reasonable opportunity for No. and not later than the date
the introduction and storage of their materials and when needed by the Contractor the lands upon
the execution of their work, and shall properly which the work under this Contract is to be done,
connect and coordinate his work with theirs. If the rights of way for access to same, and such other
proper execution or results of any part of the Con- lands which are designated on the drawing for the
tractor's work depends upon the work of any other use of the Contractor. Any delay in the furnishing
Contractor,the Contractor shall inspect and promptly of these lands by the Owner shall he deemed proper
report to the Engineer any defects in such work that cause for an equitable adjustment in both Contract
render it unsuitable for such proper execution and Price and Time of Completion.
results. The Contractor shall provide at his own expense
and without liability to the Owner any additional
SEC. 35—Subcontracts land and access thereto that may be required for
The Contractor shall, as soon as practicable after temporary construction facilities, or for storage
signing the Contract, but in any event prior to the of materials.
performance of any work by any subcontractor,
notify the Owner in writing of the names of Sub-
contractors proposed for the work designating the SEC. 40—Cleaning Up
portions of work to be performed by each. The Contractor shall remove at his own expense
The Contractor agrees that he is as fully respon- from the Owner's property and from all public and
sible to the Owner for the acts and omissions of his private property all temporary structures, rubbish
and waste materials resulting from his operations.
Subcontractors and of persons either directly or
indirectly employed by them, as he is for the acts This requirement shall not apply to property used
and omissions of persons directly employed by him. for permanent disposal of rubbish or waste mate-
rials in accordance with permission of such dis-
Nothing contained in the Contract Documents posal granted to the Contractor by the Owner
shall create any contractual relation between any thereof where such disposal is in accordance with
Subcontractor and the Owner. local ordinances and is approved by the Engineer.
SEC. 36—Engineer's Status
The Engineer shall perform technical inspection SEC. 41 —Acceptance and Final Payment
of the work. He has authority to stop the work when- (a) Upon receipt of written notice that the work
ever such stoppage may be necessary to insure the is substantially completed or ready for final inspect
proper execution of the Contract. He shall also have tion and acceptance, the Engineer will promptly
authority to reject all work and materials which do make such inspection, and when he finds the work,
not conform to the Contract and to decide questions acceptable under the Contract and the Contract fully
which arise in the execution of the work. performed or substantially completed he shall
promptly issue a certificate, over his own signature,
SEC. 37—Engineer's Decisions stating that the work required by this Contract has
li The Engineer shall, within a reasonable time after been completed or substantially completed and is
their presentation to him, make decisions in writing accepted by him under the terms and conditions
on all claims of the Owner or the Contractor and on thereof, and the entire balance found to be due the
all other matters relating to the execution and prog- Contractor, including the retained percentage, less
ress of the work or the interpretation of the Contract a retention based on the Engineer's estimate of the
Documents. fair value of the claims against the Contractor and
the cost of completing the incomplete or unsatisfac-
SEC. 38—Arbitration tory items of work with specified amounts for each
incomplete or defective item of work, is due and
Any controversy or claim arising out of or relat- payable. The date of substantial completion of a
ing to this Contract, or the breach thereof, which project or specified area of a project is the date
cannot be resolved by mutual agreement, shall be when the construction is sufficiently completed in
settled by arbitration in accordance with the Rules accordance with the Contract Documents as modi-
of the American Arbitration Association, and judg- fled by any change orders agreed to by the parties
ment upon the award rendered by the Arbitrator(s) so that the Owner can occupy the project or speci-
may be entered in any Court having jurisdiction fled area of the project for the use for which it was
thereof. intended.
8
(b) Before issuance of final payment, the Con- daily interest at the rate of 6 percent per annum
tractor, if required in the Special Conditions, shall commencing on the first day after said payment is
certify in writing to the Engineer that all payrolls, due and continuing until the payment is delivered
material hills, and other indebtedness connected with or mailed to the Contractor.
the work have been paid, or otherwise satisfied,
except that in case of disputed indebtedness or liens, SEC. 42—Legal Relations and Responsibilty
if the Contract does not include a payment bond, to Public
the Contractor may submit in lieu of certification of
payment a surety bond in the amount of the dis- Laws and Regulations: The Contractor shall keep
puted indebtedness or liens, guaranteeing payment himself fully informed of all City and County Ordi-
of all such disputed amounts, including all related nances and Regulations, and State and Federal laws
costs and interest in connection with said disputed which in any manner affect the work herein sped-
indebtedness or liens which the Owner may be corn- fled. He shall at all times observe and comply with
pelled to pay upon adjudication. said ordinances, regulations, and laws, and shall
protect and indemnify the Owner and its officers
(c) The making and acceptance of the final pay- and agents against any claim or liability arising
ment shall constitute a waiver of all claims by the from or based on the violations of such ordinances,
Owner, other than those arising from unsettled regulations, or laws, caused by the negligent actions
liens, from faulty work appearing within the guar- of the Contractor, his agents, or employees.
antee period provided in the Special Conditions,
from the requirements of the Drawings and Specifi- SEC. 44 - Warranties
cations, or from manufacturer's guarantees. It shall
also constitute a waiver of all claims by the Con- The contractor shall guarantee his
tractor, except those previously made and still work against defective materials or
d.unsettle
workmanship for a period of one year
(d) If after the work has been substantially from the date the project or portions
completed, full completion thereof is materially de- thereof are put into service, or from
layed through no fault of the Contractor, and the the date of final acceptance, which-
Engineer so certifies, the Owner shall, upon certifi- ever occurs first.
cate of the Engineer, and without terminating the
Contract, make payment of the balance due for that
portion of the work fully completed and accepted. -
Such payment shall be made under the terms and
conditions governing final payment, except that it
shall not constitute a waiver of claims.
(e) If the Owner fails to make payment as herein
provided, there shall be added to each payment -,
I
ARTICLE 4
TECHNICAL PROVISIONS
4
ARTICLE 4
TECHNICAL PROVISIONS
The technical specifications for material , manufacture and construction shall be in
accordance with the following cited Sections of the "State Department of Highways,
Division of Highways, State of Colorado, Standard Specifications for Road and Bridge
Construction, 1981", unless otherwise stipulated in this document. References to the
Division shall mean Weld County and all documentation required will be handled through
the Weld County Department of Engineering.
Section 106.01 Source of Supply and Quality Requirements
Section 106.02 Material Sources
Section 106.03 Samples, Tests, Cited Specifications
Section 106.04 Plant Inspection
Section 106.05 Storage of Materials
Section 106.06 Handling Materials
Section 106.07 Unacceptable Materials
Section 109.01 Measurement of Quantities
Section 201.01 Clearing and Grubbing
Section 201.02 Clearing and Grubbing Construction Requirements
Section 201.03 Clearing and Grubbing Construction Requirements
Section 205.07 Removal of Pavements, Sidewalks, Curbs, Etc.
Section 203.01 Excavation and Embankment
Section 203.05 Unclassified Excavation
Section 203.07 Borrow
Section 203.08 General (Construction Requirements)
Section 203.09 Excavation
Section 203.10 Embankment Construction
Section 203.11 Construction of Embankment and Treatment of Cut Areas
with Moisture and Density Control
Section 203.13 Proof Rolling
Section 203.15 Blading
Section 203.16 Dozing
Section 209.01 Watering Description
Section 209.02 Materials
Section 209.03 Construction Requirements
Section 304.01 Aggregate Base Course Description
Section 304.02 Aggregate
Section 304.03 Commercial Mineral Fillers
Section 304.04 Placing
Section 304.05 Mixing
Section 304.06 Shaping and Compaction
Section 306.01 Reconditioning Description
1of3
Section 306.02 Construction Requirements
Section 401.01 Plant Mix Pavements - General Description
Section 401.02 Composition of Mixtures
Section 401.03 Aggregate
Section 401.04 Filler
Section 401.05 Hydrated Lime
Section 401.06 Bituminous Materials
Section 401.07 Weather Limitations
Section 401.08 Bituminous Mixing Plant
•
Section 401.09 Hauling Equipment
Section 401.10 Bituminous Pavers
Section 401.11 Rollers
Section 401.12 Conditioning of Existing Surface
Section 401.13 Preparation of Bituminous Material
Section 401.14 Preparation of Aggregates
Section 401.15 Mixing
Section 401.16 Spreading and Finishing
Section 401.17 Compaction
Section 401.18 Joints
Section 401.19 Pavement Samples
Section 401.20 Surface Tolerance
Section 403.01 Hot Bituminous Pavement Description
Section 403.02 Hot Bituminous Pavement Materials
Section 403.03 Construction Requirements
Section 407.01 Prime Coat, Tack Coat, and Rejuvenating Agent Description
Section 407.02 Bituminous Material
Section 407.04 Weather Limitations
Section 407.05 Equipment
Section 407.06 Preparation of Surface
Section 407.07 Application of Bituminous Material
Section 411.01 Bituminous Materials Description
Section 411.02 Materials
Section 411.03 Construction Requirements
Section 603.01 Culverts Description
Section 603.02 Materials
Section 603.03 Excavation
Section 603.05 Placing Conduit
Section 603.06 Joining Conduit
Section 603.08 Backfilling
2 of 3
Sections 606 & 710 Guard Rails
Sections 607 & 710 Barbed Wire Fence
Section 701 .01 Portland Cement
Section 702.01 Asphalt Cements
Section 702.03 Liquid Asphaltic Materials
Section 702.05 Sampling and Testing
Section 703.03 Aggregate for Bases
Section 703.04 Aggregate for Hot Plant Mix Bituminous Pavements
Section 703.06 Filler
Section 707.06 Corrugated Aluminum Pipe
Section 712.03 Hydrated Lime
3 of 3
APPENDIX A.
KEY TO BORING LOGS
TOPSOIL • GRAVEL
Pro
FILL SAND & GRAVEL
e SILT SILTY SAND & GRAVEL
i'� CLAYEY SILT 0.1
rCOBBLES
SANDY SILT
., •., SAND,GRAVEL& COBBLES
CLAY
WEATHERED BEDROCK
SILTY CLAY __ SILTSTONE BEDROCK
•
�d SANDY CLAY CLAYSTONE BEDROCK
SAND • • • SANDSTONE BEDROCK
SILTY SAND MEN
�• • . ; LIMESTONE
I
CLAYEY SAND ""
d �« GRANITE
SANDY SILTY CLAY ■
' SHELBY TUBE SAMPLE
STANDARD PENETRATION DRIVE SAMPLER
V WATER TABLE 24 Hours AFTER DRILLING
C. HOLE CAVED
T
5/12 Indicates that 5 blows of a 140 pound hammer falling 30 inches was required to penetrate 12 inches.
A-1
r___
LOG OF BORINGS
ELEVATION No 1 No.2 No.3 No.4
5250 sTA 0+45 STA 5+00 STA 10+00 STA 15+00
e• c
—
17/12 --�, 9/12 —
5245
3/12 1-2//
19/12 4 _.
5240
16/12
% 10/12
14/12
5235
30/12
• 5230 . • .
A-2
LOG OF BORINGS
ELEVATION No.5 No.6 No. 7 No.8
5245 STA 20+00 STA 25+00 STA 30+00 STA 35+00
5240 /,
2b/12
15/12 _ 19
/14
50/10O ; ;
5235
38/124
5230
5225
22/12.4, '
5220
45/1x!-., -
5215
A-3
LOG OF BORINGS
ELEVATION No.9 No. 10 No. 11 No. 12 ELEVATION
5215 STA 40+00 STA 45+00 STA 51+75 sTA 55+00 5200
5210 ,rev 5195
17/12
4/ ,
5205 20/12 24/12 1 5190
5200 98/12p 5185
/
5195 i 5180
22/12
5190 5175
22/12 H
5185 / ' 1 5170
17/12 = j
5n/A L .,
5160 5165
32/12 -
ii
Fl
LOG OF BORINGS
ELEVATION No. 13 No. 14 No. 15 No. 16 ELEVATION
5165 STA 58+50 STA 65+00 STA 70+00 STA 75+00 5215
vii✓iv
18/12 ,j
5160 / i 6/12 / 5210
10/12 - /
5155 5205
i
5150 /.4,./r 21/12 / 5200
/ /
i
5145 9/12 -f /.
16/12 5195
39/12 I /-
5190
515
. A-5
LOG OF BORINGS
ELEVATION No. 17 No. 18 No. 19 No.20
5235 STA 79+00 STA 84+25 STA 89+50 STA 95+00
/ ,
yei i✓
5230 / /
18/12 1// 19!12
/ i
5225 I ,
V- 50/11 ^_ 4/12 _ /
i
5220 r�
11/12 / 50/5 i— —I P---_
/�
/ 50/101
5215 5n/1n 1
5210
%®
14/12 ],^®
5205
50/9 T---
• A-6
LOG OF BORINGS
ELEVATION No.21 No.22
STA 100+00 STA 105+00
5245
21/12 - /
• 5240 . . /
//44/12 /'
5235
5230
7/12 1.7/ /
5225
50/9 i///
5220
A-7
44: ;1 .<xri •' x Ae Ntao t f r'r ,Sir .
t SKr a 'it' f :%r
r r r -bisTRICT NO 1984-1
LOCAL 1MPROVEMEN I'
igt1 WELD COUNTY
+Y` COLORADO
s � COUNTY. ,
,WELD —
t
SPECIAL ASSESSMENT'BONDS. £ a
�S
DATED MAY 1. 1984
$ 1 000,000
-
4 .. , • F 4C
5 - r. .w
ri
Y6 x n • ' y
^fct'Ht £ V t ,. 'tz F 3: } i f -
t�`lRfii } .. tXr 5 J "1. 011..?vA yri e6 1 1 `�3 .L ; e;
TTT
s*Tt ". _ -r`..Y +st y'4tixy} e{ X%a 3. & G`.j4s M1 __-)
"'re'
k c '.4 t- tl awe^- T •
41 F4.+ 2 'xi `3'1 F c.
;;•1;:r$74, -
} ,
ra
'-4
. � - - _
5 ..
•
bar x
x. Z
r �n
_ ANDERSON DPMO
r1 1
2
WELD COUNTY LOCAL IMPROVEMENT DISTRICT NO. 1984-1
WELD COUNTY, COLORADO 3
SPECIAL ASSESSMENT BONDS
DATED MAY 1, 1984 - $1, 000, 000
4
DATE AND TIME OF CLOSING: May 3, 1984 - 9 : 00 a.m.
PLACE OF CLOSING: Prudential-Bache Securities, Inc. 5
Anderson DeMonbrun, Inc . Division
5675 South DTC Boulevard, Suite 280 6
Englewood, Colorado 80111
1. Bond Purchase Agreement
2 . Settlement Statement
3. Proceedings re Resolution of Intent of Weld County to Create
Local Improvement District No. 1984-1; Proceedings re w
Resolution Creating Weld County Local Improvement District
No. 1984-1; Proceedings re Ordinance No. 126 Authorizing
Issuance of Special Assessment Bonds, Dated May 1, 1984
4 . Certificate Relating to the Estimate of Costs
5. General Incumbancy Certificate
6. Facsimile Signature Certificate
7. No-Litigation Certificate
' 8. No Arbitrage Certificate
9 . Signature Certificate
10. Delivery Certificate
i 11. Certificate of Bond Registrar
12 . Specimen Bond
13 . Opinion of Bond Counsel
14 . Offering Circular
15. Letter re Responsibility for Disclosure
A complete transcript of all closing documents will be
furnished to the following parties :
Weld County
Anderson DeMonbrun
Keirnes Corporation
Erick D. Stowe, P.C.
Union Colony Bank
aVyp►,--rem..,, ..___ _ .. ..
. ti
Frudentiai-Bache
H.
Anderson DeMonbrun,Inc.Division
2
April 2, 1984 3
Honorable County Commissioners
Weld County, Colorado
Ladies and Gentlemen:
We are pleased to submit this agreement to purchase the Weld County Local
Improvement District 1984-1 bonds.
Prudential-Bache Securities Inc. hereby offers to purchase the $1,000,000 Weld
County Local Improvement District No. 1984-1 Revenue Bonds. Our offer to
purchase will be at a 4-1/2% underwriting discount and we anticipate selling
the bonds at par at an average interest rate of 9.70%, as illustrated below:
Estimated
Amount Bond Numbers Maturity* Coupon Price
$100,000 1 - 20 6/1/85 7.500% 100
100,000 21 - 40 6/1/86 8.000 100
100,000 41 - 60 6/1/87 8.500 100
100,000 61 - 80 6/1/88 9.000 100
100,000 81 - 100 6/1/89 9.250 100
100,000 101 - 120 6/1/90 9.500 100
100,000 121 - 140 6/1/91 9.750 100
100,000 141 - 160 6/1/92 10.000 100
100,000 161 - 180 6/1/93 10.250 100
100,000 181 - 200 6/1/94 10.500 100
*ALL BONDS ARE DUE JUNE 1, 1994. This maturity schedule has been
estimated by the underwriter based on the County's experience and ex-
pectation for assessment collections. However, the amount of bonds
actually redeemed on each interest payment date is dependent upon the
amount of assessments collected by the County each month.
This placement of bonds will be contingent upon receipt of an unqualified legal
opinion verifying the tax-exempt status of the bonds as well as legal authorization
of the bond issue.
Prudential-Bathe Securities Inc.,5675 So. DTC Blvd., Englewood, Co.80111 Tel. 303 740-7666
I '
I '
E '
Prudential-Bache
Honorable County Commissioners
Weld County, Colorado
April 2, 1984
Page Two
Endorsement of this letter by the Weld County Commission will signify agreement
on the County's part to sell the bonds to Prudential-Bache Securities Inc. as
described above. Thank you for this opportunity to be of service.
Sincerely,
PRUDENTIAL-BACHE SE URITIES INC.
711e
Fred R. Cornwall
Vice President
FRC:tk
After due consideration, the above agreement is accepted this .2=D day of
, 1984, for and on behalf of the Weld County Commissioners, Weld
County, Colorado.
WELD COUNTY, COLORADO
By
Chairman
ATTEST: n S
By
unty Clerk
( SEAL )
oar �c c e. ( )4
1
i ,
$1,000,000
LOCAL IMPROVEMENT DISTRICT NO. 1984-1 REVENUE BONDS
WELD COUNTY, COLORADO
Settlement Statement
FUNDS RECEIVED:
Par Amount of Bond Issue $1,000,000.00
Accrued Interest to May 3, 1984 512.49
Total Funds Received $1,000,512.49
FUNDS PAID OUT:
To Issuer $ 945,088.36
Underwriting Discount - A.D.I. 45,000.00
Legal Fees - Erick D. Stowe, P.C. 7,923.13
Bond Printing - Midwest Bank Note Company 1,250.00
734.00
Set-up Fee - Weld County517.00
Miscellaneous Issuing Expenses (A.D.I.)
Total Funds Paid Out 1,000,5)2,49,
Bonds dated: 5-1-84
Closing date: 5-3-84 •
tli
I
•
si ^' OFFICE OF WELD COUNTY CLERK AND RECORDEF
fici 1 DEPARTMENT OF CLERK TO BOAR[
T ; PHONE 1303) 356-4000 EXT. 2:
P.O. BOX 4E
GREE LEY, COLORADO 606E
AY <
Y •
COLORADO
RE: Resolution concerning Declaration
of Intent of Weld County to create
STATE OF COLORADO ) Local Improvement District 1984-1
ss within Weld County, also copy of
COUNTY OF WELD ) Minutes of Board meeting conducted
January 25 , 1984
I , Mary Ann Feuerstein, County Clerk and Ex-Officio Clerk
of the Board of County Commissioners in and for the County of
Weld, State of Colorado , do hereby certify that the above and
foregoing Resolution is truly copied from the records of the
proceedings of the Board of County Commissioners of said Weld
County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the seal of said County, at Greeley, Colorado , this 30 th
day of January , A.D. , 19 84 •
' 1 l7lA bareu �""""'ire/
COUNTY MIRK
Dui ;�j d 112
B 6711/)L..(;_,L..(;_,4. ;@;71 '-
' � � De uty County Cl rk
SEAL
•
1
1 � �
ii
' )
( DEPARTMENT OF FINANCE AND ADMINISTRATION
PHONE(303)3564000 EXT.217
P.O. BOX 758
GREELEY,COLORADO 80632
C.
COLORADO
May 9, 1985
Mary Ann Feuerstein
Clerk to the Board
Weld County, Colorado
915 Tenth Street
P. 0. Box 758
Greeley, CO 80632
RE: Statement of Apportionment
Dear Mary Ann:
Please find attached a Reconciliation to Cash with Treasurer and a
cumulative cost as of April 24, 1985, for the Weld County Road 5 fund. The
net cost for the bond constitutes the amount apportioned to the Colorado
Landfill property described as the East Half of the Northwest Quarter and
the West Half of the Northeast Quarter, Section 29, Township 1 North, Range
68 West of the 6th P.M. , Weld County, Colorado. Should apportionment not be
completed prior to June 1, 1985, an additional amount will be included for
June interest expense.
Thank you for your attention to this matter.
Very truly
onald If. arden, Director
Finance and Administration
DDW/LDM:ss
Enc.
ROAD 5 G UMUL •i i.LSE: COST To v -1T'E: AS OF APRIL 24, 1985
OPERA..i. .t N►8 SUPPLIES $537. 05
PRINTING COST $734.00
pI;f : F yC :t ONAL SERVICES $48, 783. 00
LEGAL SERVICES $7,927. 13
CONTRACT PAYMENTS $,-)29.8:J2.83
R]:131-Il OF WAY $27,200. 00
INTEREST ES EN5i'::: $5:5,812,50
.f.i.lTN $:1. ,068,E34'_'. S1.
cc+;_►NF'Y ADVANCE $17`3,1.,00 00
NET COST FOR BOND $093,842. 51
ROAD S COMIRATIVE COST TO DATE AS OF APRIL 24, 1985
OEERATIN1 SUPPLIES $537, 05
PRINTING COST *734. 00
PROFESSIONAL SERVICES $48,783, 00
LEGAL SERVICES
CONTRACT PAYMENTS $929.85%. 83
RIGHT OF WAY $27. 00. 00
INTEREST EXPENSE $53,812, 50
TOTAL 41 ,068,842. Si
COUNTY ADVANCE $175,000.00
NET COST FOR BOND $893,842. 51
INTEREST EXPENSE @JUNE 1 , [985 $46, !25,00
ROAD 5 RE C c NG I LL.I A'l I ON TO CASH WITH TREASURER
CASH TRANSFERRED $175,000. 00
BOND PROCEEDS $1 ,000,512. 49
INTEREST INCOME $22,621 . 76
TOTAL RECEIPTS $1 , 198, 134. 25
OPERATING SUPPLIES $537. 05
0
PRINTING COST $734. 00
PROFESSIONAL SERVICES $48,783.00
LEGAL SERVICES s7 ,923. 13
CONTRACT PAYMENTS $929,852. 83
RIGHT OF WAY $27 ,200.00
INTERESTEXPENSE $53,812. 50
TOTAE.. DISBURSEMENTS $1 ,068,642. 51
BALANCE
$129,291 . 74
TREASURERS BALANCE 4--"26--E85 $•1.80,2.44. 47
INTERFUND RECEIVABLE $2,750. 00
I:N"f'EEtFlJrd?:7 PAYABLE
($53,702. 73)
BALANCE $129,291 . 74
NOTICE OF APPORTIONMENT
PURSUANT TO C.R.S. , §30-20-608, AND
WELD COUNTY ORDINANCE NO. 126, SECTION 11
DOCKET NO. 85-28
Notice is hereby given to the owners of the East Half of the Northwest
Quarter and the West Half of the Northeast Quarter, Section 29, T1N, R68W of
the 6th P.M. , Weld County, Colorado, that improvements have been, or are
about to be, completed and accepted for Weld County Road 5 within Weld
County Local Improvement District No. 1984-1. The owners are hereby given
notice that the entire cost of the improvement was ONE MILLION SIXTY-EIGHT
THOUSAND EIGHT HUNDRED FORTY-TWO AND FIFTY-ONE HUNDREDTHS DOLLARS
($1,068,842.51) ; Weld County will pay the sum of $175,000.00 and the cost to
be assessed against the above-described property shall be $893,842.51 with
an additional FORTY-SIX THOUSAND ONE HUNDRED TWENTY-FIVE DOLLARS
($46,125.00) to become a cost assessed against the property for interest due
June 1, 1985.
Any complaints or objections which may be made in writing by the owners
of the above described property to the Board of County Commissioners
regarding apportionment for Weld County Local Improvement District No.
1984-1 shall be filed in the Office of the Clerk to the Board of County
Commissioners within twenty (20) days from publication of this notice and
will be heard and determined by the Board before the passage of any
Resolution assessing the cost of said improvements. Any complaints or
objections will be heard on the 26th day of June, 1985, at 2:00 p.m. , in the
First Floor Hearing Room, Centennial Center, 915 Tenth Street, Greeley,
Colorado. At the hearing described herein, the Board of County
Commissioners shall hear and determine all complaints and objections and
make such modifications and changes as may seem equitable and just, or may
confirm the first apportionment. The Board will then, by Resolution, assess
the cost of said improvements, which shall then become payable thirty (30)
days after the effective date of the assessing resolution.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Mary Reiff, Deputy
DATED: May 15, 1985
PUBLISHED: May 30, 1985, in the Johnstown Breeze
AFFIDAVITOF PUBLICATION
t
NJOSH NO.. '
THEJOHNSTOWNBREEZE
N MOM St Han STATE OF COLORADO l
Half ^e f,L�haled 1 tiff
Section J,29 r4rSISB(W - COUNTY OF WELD i
5th rl Weld.Cou
' that Ia°rovemenra rr y co I, Clyde Briggs, do solemnly swear that I
n about accepted foro Weld e
Se am publisher of The Johnstown Breeze,
Li pt
tld , that the same is a weekly newspaper
5 IWTAi qt Cbugt%Nn t
Y o. Ors real t , printed, in whole or in part, and published
i orve the
emirer in the County of Weld, State of Colorado
sf TMEIONr and has a general circulation therein, that
FIFTHUNp REp F9ANp EI 7
014: tas l R7 allO b said newspaper has been published
6:� as�o�elR8^Q5RA NI continuously and uninterruptedly in said
+weed Ste castle County of Weld for a period of more than
ye erl r'r� pst the a tM' fifty-two consecutive weeks prior to the
FOR ��pp4lppJha� `shoo' t» first publication of the annexed legal notice
HUeREDt '.OUBANfie o ffON or advertisement; that said newspaper has
RS s T 'EN •F been admitted to the United States mails as
the t infnal second-class matter under the provisions of
I 5, we
the Act of March 3, 1879, or tin ,
nn nfs a'e amendments thereof, and that said
soak*
the
eeacrlleverbeds a ifwisrKhppy newspaper is a weekly newspaper duly
of O to.the qualified for publishing legal notices and
rfain o re- advertisements within the meaning of the
L m'Mtn kr p laws of the State of Colorado.
the t
�tof of i0o m That the annexed legal notice or advertise-
wthin. D°"ni �, ment was published in the regular and
hares entire issue of every number of said weekly
Boarsland
Remit were fs., th't a newspaper for the period of consecu-
oatsslnp ar�wr�t?oea five insertions; and that the first
beery on�me will be publication of said notice was in the issue of
�rTMS at 210 401OfJune, said newspaper dated 5T-38? Al), 19ga,
Cans el.:
and that the last publication of said notice
ociredo �$�te@et. was in the issue of said newspaper dated
a dE nt 11, fires Board,� ° A.D. 18
vM 5ons and comr$antee l In witness whereof I have hereunto set
m
seem 0eane"d Mien my hand this ...3/ day of ./ e-- 7
may tr Rere en A.D. 19≤-5
theft-
said impYby o iBoard' wi 1
sbai is pray ,eases the 808f o
then.be°omo. fin winch Peale aheff .... ...
theday ssse hip a°°5 38) ..
the a o iot - y Publisher
MIsst LINTY
WELD COvUN7RyB Subscribed and sworn to before me, a
COLORADO
B MARY ANN Notary Public in and for the X�unty of
• CCppl� FEUERBTEIN We] ,/State of Colorado, Ibis ..J day of
RECORp ANDRCLERK .... K• A.D. 19 cS'3
TO THE BOARD
BY' Mary Reiff, Deputy DATE- D: Miny
ED
PUBLIs , 75, teas // Notary Public.
the John w Me e30, 198s, in
stown Breeze
My commission expires
.Fr��us June 14 W -
1 :4outh parish Avemle
yohnslown, CO 8®534
r
a; 14
P 179 325 173 ` _.', t.#1*
-a4 } tgnr . .- '
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED cr ate s^4 q,. ".- k.-...4
NOT FOR INTERNATIONAL MAIL .. t,b s ' T
KIERNES CORPORATION <,
C/0 BYRON KIERNES I. Q t: A 41'
SUITE 201 * KIERNES CORPORATION
1333 W. 120TH AVENUE C/O BYRON KIERNES7
DENVER, CO 80234 , SUITE 201
1333 W. 120TH AVENUE
O Postage
y $ DENVER, CO 80234
J
• Certified Fee 4 Type : D
Special Delivery Fee ,_' - .
i
Restricted Delivery Fee $' v
Return Receipt Showing �� ,fr ,f,,., ,
t
to whom and Date Delivered , ;F`.... {t� nF f
2 Return receipt showing to whom, 7 sav „-.4.A. 't •m Date,and Address of Delivery , Xi. b 4:,;1'x '' h•S -
mTOTAL Postage and Fees $ A. ar*s "" '¢ ' 'T , ` s.
U.
541 '4
o Postmark or Date ' x `�`
LL
Affidavit of Publication
STATE OF COLORADO. 1,
ss.
County of Weld.
I. PPay.. ld
I 1 • nst' of
said County of Weld being duly sworn. say that
I am publisher of
'fit f�✓l.K—t. - Q�t..C.Us�{/'.
that the same is a weekly newspaper of general
circulation and printed and published :n the
town of PO4 JCz_ ` � '�
in said county and state: that the notice Cr adver
usement, of which the annexed is a true copy.
has been published
- ��jj
n said weekly newspaper
for _ - ®Nom . •
__. consecutive
weeks: that the nonce was published in the
regular and entire issue of every number of said
newspaper during the period and time of publi-
cation of suid notice and in the newspaper
proper and not in a supplement thereof: ,hat the
first publication of said notice was contained in
the issue of said newspaper bearing date tcc
sir day ofi. po.pr t At. 19 Oy.
and the lost publication inmost, in the issue at
saidrnne��wspaper bearing dote, the .= duy ot
P'/TP"-` .., 19 f. that :he said
sue- ',e.g.O1-x .
has been published continuously and uninterrupt-
edly during the period ct at least fifty-two con-
secutive weeks next prior to the first issue thereof
containing said notice or advertisement above
referred to; and that said newspaper was at the
time of each of the publications of said notice
duly qualified for that purpose within the mean
ing of an act, entitled. "An Act Concerning Legal
Notices, Advertisements and Publications, and
the pees of Printers and Publishers thereof, and
to Repeal all Acts and Parts of Acts in Conflict
with-the Provisions of this Act." approved April 7,
1921, and all amendments thereof, and particu-
larly as amended by an act approved, March 30
1923, and
an
act ctpp
approved
May 18 1931.
`; C-1.4 Pubi er
Subscribed and sworn tc before me this /5'
day of kW °. , A.D., l99V
My commission egrires
Notary Public
f:'.y Cor-TIN3 on Expires June 18, 1966
915 10th S reet
Greeley, Colorado 80831
`Weld County Legal Pic
. . ORDINANCE NO.126
!1 - ..NOW THEREFORE,BE IT ORDAINED by the Board of County Commis-
:IN THE MATTER OF THE ISSUANCE OF SPECIAL ASSESSMENT }loners of Weld County,Colorado that Ordinance No..126 be,and hereby 6eo-
BONDS IN THE PRINCIPAL AMOUNT OFS1,000,0000F WELD COUNTY, aped as follows:
.COLORADO,FOR THE LOCAL IMPROVEMENT'DISTRICT NO. 1954.1; ''
(PRESCRIBING THE FORM OF THE'BONDS,AND PROVIDING FOR .?Section 1. Bond Details. By virtue of and pursuant to the Home.Rule
• THE PAYMENT OF THE BONDS'AND THE INTEREST THEREON; Charter of Weld County,Colorado and the Laws of the State of Colorado,
•AND DECLARING AN EMERGENCY. Special Assessment Bonds (the-"Bonds") of Weld County, for the Local
y Improvement District No..191-1,shall be Issued for the purpose of paying for
BE IT ORDAINED BY THE BOARD OF-COUNTY COMMISSIONERS OF- IKalimprovements to be constructs in said District.The Bonds shall be in
;BE
COUNTY,COLORADO tim total principal amount of$1,000,000,shall be dated.May I,1914,and shall
`WHEREAS, the Board of County Commissioners of Weld County (the consist of 200 bonds in the denomumber hation of 55,000 each.The Bonds shall be
Mit Mitred"R"and shall be numbered separately from 1 upward.Pursuant to.
County")has heretofore taken and adopted proceedings preliminary to,and the recommendations of the Committee on.Uniform Security Identification ..
Including the creation of Local improvement District No. 191-1 (the "his- - procedures,CUSIP Numbers may be'pri tad'on the.Bonds.The Bond}shall'..
hist"),according to Title 30,Article 20,Part 6,Colorado Revised Statutes; be issued only as fully registered Bonds wii thout coupons and shalt be due and '
and -Payable on June l,IM<,subject To call end;prior paYm of ant In direct numeriol ,`.
WHEREAS,Notice of Hearing on the creation of the District was published es �orilor eaeof�such prior redemment ption shallte, be given by theBond Regir and sttrar by
and mailed in accordance with the provisions of Title 30,Article 20, Part f, advertisement once in some newspaper of general circulation in:Weld County
Colorado Revised Statutes;and and by mailing a copy of the redemption notice by first class mail(postage
pelf!),both notices to be published or mailed,as the case may be,thirty(30)
WHEREAS,prior to the passage of a Resolution creating the District,Me. days prior to the date fixed for redemption to the Registered Owner of each,.
Board of County Commissioners heard and-considered all pretests and Bond to be redeemed in whole at the address shown on the registration books
objections relating to the creation of the District and the construction sad .' maintained by the Bond Registrar.If the date of publication or mailing(the
installation of improvements therein;-and . - thirtieth(7ah)day prior to the date fixed far redemption of the Bonds)is a
.WHEREAS, the Board of County Commissioners has, by Resolution, _ - Sunday or a legal holiday or a day on which publication or mailing cannot
treated the District for the purpose of construction and installation therein of - take place,then such publication or mailing need not be made on such"date
` local improvements,together with any necessary incidentals; and but may be made on the next succeesinq business day which is not a Sunday
. or a legal holiday or a day on which fuel publication or mailing cannot take
WHEREAS,prior tottiefinal reading and passage of this Ordinance,notice place with the same force and effect as if made on the thirtieth .The
prior to shall specify
by for redemption s so cal Bond to be redeemed. The
District
has been submit lypublished
iii} for theidsfr Stich cof onstruction
were received.
'bettici specify by number the.Bonds so called.and all such Bonds shall
DisMarch s 27,been duly published and bids for Stich construction were received be paid in their numerical order.All Bonds so called for redemption will
on March 19N;antl - ', • Chase to bear interest al the expiration of•thirty 130)days from the date of
WHEREAS,pursuant to the Home Rule Charter of the Couhty and section•
publication of n r of any y.Bond,
or e fo give d such notice, y mailing M to any
M
Registered Owner of for f any defect of shall not Mist 154
30 20-615,be0,s I r d Revised under such
to special assessments are of the County
by validity of any proceeding for the redemption otherof' Bends', 4y'- II,'
me Board
County
dommisuoners;terms and conditions assn established by
the Board of County Commissioners; and The Bends shall bar Interest barpayable, S 81,as follows:
M each June 1 and
- December 1,commencing December t, 1954,as follows:
'WHEREAS,the Board of County Commissioners has determined that the .. Rate
cost of the construction of improvements within the District,including 6 per. Amount _ Interest r t.Rat
- cent additional for the costs of collection and other Incidentals and interest on }100,000 -• - 0, .
•
the bonds to the time the first installment Is made payable,shall not exceed 100,000 e
the amount of$1,000,000,and that bonds of the County for said District skald y+ 100,000 L00%c.,1 by issued in such amount; and 11,000
I1A0o ' 1+.
.WHEREAS,the Board of County Commissioners has heretofore received I 100,000 fr
joint proposal.from Prudential-Bache Securities, Inc. and United Bank of 100,000 . . 9.15%
Denver, NA., of Denver, Colorado,for the purchase of51,000,000 of said 100,000 -`I - 10•
bonds, less'a discount equil to 6.5,percent of the principal amount of said ' 11,000 i?10.2f%�
bonds plus accrued interest to date of delivery,reflecting a net effective in. 100,000 10.1%
terest rate not to exceed 10.6 percent; and -
..WHEREAS, the Board of County Commissioners.tas heretofore de-*.; ..The princpal of and interaston said Bonds shall-be payable at Union Colony
termined that said joint proposal from Purdenfial-Bache Securities,Inc.and Bank,in Greeley, Colorado.,
United Bank of Denver,N.A.,(jointly the"Underwriter;")is a fair and ac- ,-Section 2.Paying Agent and Bond'Registrar.The principal of the Batas
ceptable offer for said bonds,being to the best advantage of the County,and shall be payable in lawful money fd the Untied States of America at Union
has heretofore accepted said proposal and executed a.contract based.theran
for the sale of said bads,upon the terms and conditions hereinafter set forth; Colony Bank,Greeley,Colorado,(the"Bond Registrar")or its successor,to
and - the Registered Owner of each Bond upon presentalon thereof.NotwsMatand-
Ing anything contained in this Ordinance to fo the The contrary, interest on the
' WHEREAS it is now necessary to provide for the issuance of said bonds Bonds shall be payable to the person in whose name such Bond is registered,
and the form and payment thereof; . at his or her address as i e registration books maintained by or
on behalf of the County,at the close of business on the Record Date,such date
doing the fifteenth(151h) day of the calendar month next preceding the
interest payment date,irrespective of any transfer or exchange of such Bond
subsequent to such Record Date adn prior to such interest payment date.
Such payment shll be made by check or draft of the Bond Registrar.
..Section 3.Execution of Bonds.The Bonds shall be signed with the facsimile
signature of the Chairman of the Bard of County Commissioners,seated with
a facsimile of the seal of the County,countersigned by the facsimile signature
of the County Treasurer,attested by the manual si of the County
Clerk and Recorder and the manual signature of an officer of the Bond
Registrar.
..The Bonds bearing the signatures of the officers In office at the time of the
-signing thereof,shall be the valid and binding obligations-f the county,not-
withstanding that before the deliver thereof and payment therefor,any or all
of the persons whose signatures appear thereon shall have cased to fill their
respective offices.
s.,,a,..,,eaection iL,Forntef Bends;The Bonds shalfbe In substantiallriMe following...
)tiees
..It is hereby certified end recited that the total issue of bonds of the County
for the District,inclgding,this Bond,does not exceed the amount
authorized
- (Form of Bond) by:law; that evgrrtfNNirament of law relating-to the creation'of Local
(Text of Face) - Improvement District No:1984-1 the conerltlonof said local improvements
-and the issuance of this Bond has been fully complied with by the proper
UNITED STATES OF AMERICA - officers of the County,:and that all conditions required to exist and things
STATE OF COLORADO required to be done precedent to and in the issuance of this Bond to render the
COUNTY OF WELD same lawful and valid,have happened,been properly done and performed,
LOCAL IMPROVEMENT DISTRICT NO.COUNTY
and did exist in regular and due time,form antl manner,as required by law.
-.. •
. ,SPECIAL ASSESSMENT BOND ..This obligation is not to be considered or taken to be within or any part of
NO.R- - ,the limitatin imposed by law as to the indebtedness of.Weld County,and shall
- $5(0041not be a general obligation of Weld County.However,whenever Three-fourths
ORIGINAL CUSIP
(3/4)of the Bonds have been paid and cancelled and,for any reason,'the re-
INTEREST RATE •MATURITY DATE ISSUE DATE NUMBER maining assessments are not paid in time to pay the remaining Bonds for the
District and the interest due thereon,Weld County shall pay Me Bonds when
June 1,1994 May 1,198 _due and the interest due thereon and shill reimburse itself by collecting the
unpaid assessments due the District.
REGISTERED OWNER:
..For the payment of this Bond and the interest thereon,the County pledges
PRINCIPAL SUM: FIVE THOUSAND DOLLARS
all of its lawful corporate powers.
..The County of Weld,in the State of Colorado,for value received, hereby
promises to pay,solely t of.the special fund hereinafter designated,but not ..REFERENCE ISAEREBH MADE TO FURTHER PROVISIONS OF THIS
w
otherwise,to the Registered Owner(specified above),or registered assigns. BOND SET FORTH ON THE REVERSE. HEREOF WHICH FURTHER
the Principal Sum(Specified above),in lawful money of the United States of PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME'EFFECT
America,on the Maturity Date(Specified above),and In like manner to pay ,AS IF FULLY SET FORTH HEREIN. - -
interest Ogsuch Principal Sum.(computed on the basis-of a 360 day year or
twelve 30-day months)from the date hereof.to the Maturity Date at the per= (.Balance of this page intentionally felt blank.)
annum.Interest Rate(specified above),payable semiannually on the first
day of June and--the first day of December each year, commencing on ' ' " a u
December 1.1984 or on the first such date after the date hereof,whichever is IN TESTIMONY WHEREOF,the County of Weld has caused this Bond ty
later,in the manner provided herein,until such Principal Sum is paid,unless be signed with the facsimile signature of the Chairman of the Board of County
this Bond shall have been previously called for redemption-and payment shall commissioners, countersigned by the facsimile signature theCoo/ the County
have been'duly made or provided for. Principal of this Bond Is payable in rrrrrr Recorder,
attested by the manual signature of e seal County Clerk and
lawful money of the United States of America at Union Colony Bank,Greeley, Recorder,and sealed With a facsimile of the corporate of the County,all
Colorado,as bond registrar and paying agent (the"Bond Registrar"), . aiee the<lst day of Nay,. U
"f- WELD CONTYhCOLO A..Payment of each installment of interest shall be made to the Regi (FACSIMILE) II
Owner whose name shall appear on the registration books of the County (SEAL) �r.
maintained by:the Bond Registrar at the close of business on the fifteenth By:(Facsimile Signature)
(15th)day of the calendar month next preceding the interest payment date
and shall be paid by check or draft of the Bond Registrar mailed to such . r `l: `. -`Beard of County COMMIS* a
Registered Owner at his or her address as it appears on such registration
books or at such other address as may be furnished in writing by such Regis- ATTEST " COUNTER to tered-Owner to'hy n! Registrar. C(Manual Signature) , ?r -cV (Facsimile Sign r
,County Clerk and Rotor* _' County Treiser
..This Bond n subject to call and redemption in direct numerical Order of the
issue of which it is one on any interest payment date,upon payment of par (Form of Bond Registrar's Certificate of Authentication) .11
and accrued merest to the date of redemption. - e -
- -Sr ' T"i, ZERTIFICATE OF AUTHENTICATION Ah
..This Bond is one of a series issued for the purpose of paying the costs of the " hi f
construction and installation of local improvements in Me Local Improve- .This Bond Is one of the Bonds of the issue described In the within mentioned
the
ment District No:198x1,within Weld County,Colorado,by virtue of and in full Bond Ordinance. Printed on the reverse hereof is the al Corple taxr of en)conformity with the Constitution and Laws of the State of Colorado,the home .opinion of Bond Counsel,Erick D. Stowe,A Professional Corporation Den)rule charter of the County and an Ordinance of the County duly adopted and giver,Colorado,a signed copy ai'which,dated the date of original issuance of
approved,by the Board of County Commissioners of Weir,County prior to the -the gonditherein'dstribed, is;on file with the undersigned' r Issuance hereo/.=tiugal..w._. . -
DATE OF REGISTRATION };
..Payment of this Bond and the interest thereon shall be made only front,and AND AUTHENTICATIONit
as security for such payment there is pledged,a special fund designated as
the"Local Improvement District No.1984.1 Bond and Interest Fund"which UNION COLONY BAN
Fund shall contain initially capitalized interest in the amount of 557,817,any af OOnd Rejlfha moneys in the construction account remaining after the cost et improvements 'Yt ,
has been paid in full and thereafter to containthe moneys collected on By((Manual Signature(
account of theassessments to be levied against the property included within -;Authorized Officer
the District and specially benefitted by the'construction and installation of
improvements therein. • -
(Text of Reverse)
ADDITIONAL PROVISIONS
When the Bonds are called for redemption,notice thereof idetifying the
Bonds to be redeemed shall begiven by the Bond Registrar by advertisamen
once in some newspaper of general circulation in Weld County and by mailin
a copy of the redemption notice by first.class mall (postage-paid) bo
notices to be published Or mailed,as the case may De,thirty(30)days prior
the date fixed for redemption to the Registered Owner of each Ednsl:ts.
redeemed in whole at theaddress shown on the registration books maintain
by the Bond Registrar,If the date of publication or mailing(the thirtieth(
day prior to the date fixed for redemption of the Bonds)41 a Sunday or al
holiday dr a day on which publication or mailing cannot take piece;Merl:
publication or mailing need not be made on such date but may madeon
next ueeaeelko bshmsdaywhich Ifmola Sundayora•IegaipWkay
on withh(sechpbbfleStlalels matiingicammMaktplane'wHh,thelleme
%'-.i? 041 lc trelnpontrtko.a ,
and effect as if made on the thirtieth(JOIN)day prior to the date fixed for is te.,redemption of each Bond to be redeemed.The notice.shall specify by number Section ,,"Authentication. No Bond shal : 44,l Me Bons so called,and all.such Bonds shall be paid in their numerical purpose if entitled to any security;or M IWtery for any
order,Ail Bonds:so called for redemption will cease to bear interest at the and until•`certlfI atetef,authenfkNion yt- kung unless
explydtion.of:thirty (30) days from the date of publication of the notice.•. form;hereinabove set forth shall have n du j d by t in the -.
Failure to give such notice by mailing to any Registered Owner of any Bond, Reelstrar and such ei:etuted certificate been duly executed by the Bond
Failure to give such notice by mailing to any Registered Owner of any Bond, Recistrar and such e..ecuted certificate gf Bon y a?(atpred'bY Bond
or EI y:deted therein,shall not affect the validity a any proceedin or the Bond shalt be`conclusive evidence that such Boman�l lleumue,n'any such
ndemgfion;ofrolber Bonds.. ,t,y - delivered Under.this Ord' .The Bond Regis It�M`fica,e f auth and
cation on theBond shall be deemed to have ben is a f„ItIt ifndby an
If the date for payment of the principal of or interest on this Bond shall bee authorized offroK`or'signatory of the Bena"`'R t.li haul not
Saturday,Sunday,legal holiday or a day on which banking.institutions in the necessary that the same officer or signatory sign hat i ta,
city:where the.corporate trust office of the Bond Registrar Is located or actor prt:all the Bones issued Hereunder. authanticl•
authorised by law or executive order to close,then the gate for such payment ..Section 6.pelivery of Bonds.Upon the execution tied delivery of this Ordi-
shall be the:next succeeding business day which Ig ntta Saturday,Sunday, '' nance,the County shall execute'aand deliver to the Bond Registrar,and the
legal holiday&a day opt-which such banking inst bons are eumerind ro close and payment on such data shall. me same force and effect as If Bond Registrar shall authenticate the Bonds and deliver them to the pur-
made on,the nominal date of payment. II. chases thereof as directed by the County.
:.The Bonds are fasuable�.only In the form of registered bonds without . section 7.Reel stration and Transfer of Bonds)Person%Treated as Owners.
coupons In the denomination of ';S,000 each, T County and the Bond
•
Registrar spat.not be required (a)to issue or tr stir any Bonds during a .la)The Bond Registrar shall maintain the books of the County for the
period beginning at the opening of business on the eenM(15th)day of the registration of ownership of each Bond as provided'In this Ordinance.The
calendar month next preceding any i pay 'ent date or during the Bond Registrar iphere shall accept a Bond for registration of.ownership only ra.
period beginning on any date of selection of Bonds- be redeemed and ending ownea par thereof is ro be registered in the name of an inename 1,a corpora•
at the close of business on the interest payment to or,day on which the fl oaa•a ownership or a trust,and onlyb r of receipteach indi the name and address
applicalbe notice of redemption is given or(b)to tr sferany Bonds selected of each owner,the each security number individual,the tax idencfi-
or-called for redemption in:whole or in part.- '.County and the Bond cation number of each corporation partnership or trust and the social
Registrar may deem and treat the Registered O r hereof as the absolute ' each tr numbers of the settloror senior;or beneficiary or beneficiaries of
owner hereof(whether or not this Bond shall be o' !due)for the purpose of each trust,
receiving payment or or on account of principa ereoh and interest due 4,' 'heredq and for.all other purposes, and neither a County tier the Bone (b)Bonds may be transferred upon the reglsfrafion booksy Registrar shall be affected by any notice ro'HI !contrary„The Bond la Me Bends ro rha Bond Registrar,accompanied by a written instrument or
transferable by the R@Nstered Owner hereof in'pe orgy his or her attar- instruments of transfer in form and with.guaranty of signature satsfactory to
ney duly authorised in writing,at the principal off a en the Bond Registrar, the County the Band Registrar,duly executed by the Registered Owner of
but only in the manner,noblest to the limitations nd upon'payment of the the Bonds to be transferred or his or her attorne in•
charges provided in the Bond Ordinance,and up surrender,and ensile-
Bonds,containing written instructions as to the tlhalis"of Mffact or lhansfe�W such
of this Bond. Upon such transfer a:new Bo or Bonds of the same along with the:'odal security number or federal employer Identifica-
tion maturity and of.authorized denomination or den (nations, for the same
aggregate principal amount, will be.issued.to. transferee in exchange floe number of a ry uchcumbers of the senior or seniors anransferee and,if such tra rrrrrrrr d the ueor
and social secure
thergtgr.Bonds may be transferred upon the regist tlon bpgks upon delivery beneficiaries of the trust.In the event that a Bond is to
of the Bonds to the Bond Registrar,accompanied a"written instrument or name of a'nominee, the requisite information shall'be provided ef beneficiary n the
instruments of transfer in form and with guaranty signature satisfactory to for the
the County and the Bond Registrar,duly executed the owner of the Bono principal rather than such nominee. No transfer of any Bond shall be
to be transferred or his or her attorney-ln•fad or al representative,cal- effective until. enters on the.registration books. -t
taming written instructions as to the details'of M 'transfer of such Bonds, ..(c)In all cases of the transfer of a Bond,the Bond Registrar shall enter the
along'with the social security number or'fader 'employer Identification transfer of ownership in Maregistration
number of such transferee and,If such transferee. a trust,the names and deliver iii the came o/the transferee or.transferees a new fulld shall y(registered
seniors a beneficiary or bene11N• Bond in the denomination of 05,000,of the same maturity,sequential number
social security numbers of the settlor or se
aries of the trust.Transfer shall be made at the erne the County,and-
and Interest rate,which the Registered Owner is entitled to'receive at the
the Bond Registrar may also require payment of sum sufficient defray ,! earliest practicable time in accordance with the provisions of this Ordinance.
any tax or other governmental charge that may h after be imposed in con- Tay aei'sr all be mode at the expense of the County,and the Bond Registrar
necfion with any transfer of the Bonds.In all gases transfer of a Bond,the equire.payment of a sum sufficient`to defray any tax or ether
he registration books
charge that may hereafter be imposed in connection with any
Bond Registrar shall enter the transfer of ownersh in t
and shall authenticate and deliver in the name o!lthe transferee or trans- transfer of the-Bonds. -
ferees a new,fully registered bond In the same d omination,of the same
maturity,'sequential number, and interest rate d tie principal amount (d)The County and the Bond Registrar shall not be rpy)red,(i)to issue or
which the Registered Owner is entitled to receives the earliest practicable
fifteenth transfer any Bonds during a period beginning at the close of business en t e
time.The sequential numbers shall remain the seme (Le.; R.1 will be re: ('ISM)day of the calendar month next preceding either any interest
etc.)following each transfer issued as R•lA,then R•1 transfer of ownership and all payment date or any date of selection of Bonds to be redeemed and ending at
Bonds shall be issued only in the denominations N;S,W0 each. the close of business on the.interest
. ' i' the close of uiel 'payment date or day on which the
(Form of Transfer) , , 'feladed•Oc-chlledr -tatlamptign;Ja.givaa,car.{Ica aentecfaay.Eettearus
tar nytlempNee; , j )_...
ASSIGNMENT i*;. ..�;
..FOR VALUE RECEIVED, the undersigned s 7 asaians andrtransfers
PLEASE INSERT SOCIAL SECURITY OR•0TN 9Nr:, :.'
..IDENTIFYING NUMBER.OF ASSIGNEE. .4,,,
,----“----4—)----t". , .::*.i' .,4"e u-1.-'
,.. (Name.and Addressgl M),tr), „ ':
ii`fBgf •
the thin flea and does hereby err you '-•: t q n d Jppoint the- ��
4 f Blstrartitin and appelnt the-Union
the b o Be,er or successor as Bon Registrar le k Renner s Me said bond on
premioks kept for registration therein wtt,l full pa�h heir 4itlee le the
premium:, , te"' ... .
J
Signature guaranteed .. ,fir -6'
.. .. �,` f ' 4s.a..
?�t
..Bank Trust Company or Firm) 2Q
'NOTICE:The Westin teals assignment
`." .ieRnwst-carrhtpenitwNgtthe'neme of the
•
Registered Owaef as it appears upon the
„insethe wit inBend in every
'partials ,leithoutilteratfenor
eniargementor_any change whatever.
-- `:-(c).The proposed improvements will facilitate access to the property of the
• • Company described in Exhibit B attached hereto and thereby increase the
' ' , convenience of use of said property.
..Based on the foregoing,all of the costs of the construction of improvements
shall be assessed against the property of the Company described in Exhibit B
• .attached hereto.:The Board of County Commissioners covenants that it will
'Muse assessments to be levied against the property of the Company included
within the District,and specially benefitted by the construction and Installs-
' (e) New Bonds delivered upon any transfer shall_le valid specie .lion of such improvements,in adcordance with law.
obligations of the County, evidencing Me same paymentt-as the Bond .!Y
emin Ordinance and Malibu entitled to o .Sactlea lR.Unpaid Assessments.NotwlMstanding anything eisa<ontalned
surrendered,shall be secured
the security and benefitshereof to to same extent as the Bo e nds Surrendered in the Machine,whenever three-fourths(3/)if the Bonds have Oven paid
`e ` spa cancelled and,for any reason,the remaining assessments are not paid in
.:(f)The County,Me Bond Reel any additional paying agent or bonh 1lmetepay meremay.to Bends for the District and Merest due tlea thereon and registrar may treat the Registered Owner of any Bond as the absolute twee Weld county shall pay the Bonds when due and the interest thereon and .
shall reimburse itself by collecting the unpaid assessments due the District.
thereof for all purposes,whether Or not such Bond fall he overdue and any
notice to the contrary shall not be binding upon the Camp:forth*Me Boot Registrar.
ticstot Section 13,Ordinance irrepealable.After the Bonds authorized herein are
'Issued and sold and are outstanding,this Ordinance shall be and remain Ir-
Section a: serodien of Bends.Wheneverfitanyfonds call be delivered N salable,until all of to Bonds and the interest thereon shall be fully paid,
the Bond Registrar for: ancNNlion pursuant to this Ordinance and upon satisfied and discharged.
payment of the principal amount and interest represented thereby orfor herder,tech Bonds Mall M cancelled hoed destroyed by the rond Rplslri: ••Section clause
useor and se of hislO If any section,r any reason,
n, held
paragraph,
hoed l eeterWrq ot a the Band er des err 10 t e CO nth. s ca deatruct, sentence, china li phrase of this Ordinance is, for any reason, het of
shall he furnished by the Bond Rpisher te the County. decided to be invalid oruncansntutiauh such decision shall not affect the
validity of the remaining parNons.
..Salon 9,Application of Bend Proceeds.The Proceeds of the Bonds sall'b usenet". ...
• applied only to pay the costs and expenses of constructing the improvement dares ero tf ouid ed tis of Weld County, Col ectepy
in the District and all other costs and expenses incident thereto.Neither r subsection,declares that it a would have e*, this Ordinance phr and each and every section,
purchaser of the Bonds nor the Registered Owner of any of them sail eon that
an psrm re se sanhnca,clause and phrase Irfe sentences,of the fact
any way responsible for the application of the proceeds of-said Bonds by the Meren oneermore dared sections,subsections,
Ph, valid. clauses or
County or any of its officers.In the event that an of Meproceeds of said Beds phrases might be declared to be unconstitutional or invalid.
are not required to pay such costs and expense,any remaining amount shall •
be used
for thepurposeaf calling in an paying the principalof nd interest this Ordinance Iion 15. s Emergency.
the immediate presservvation declared,
the public
said or any PortlonotthaBone proceeds maYhetam health'-antl safety Ind shall be effective upon adoption to thus enable the
perarflY Invested ogre. '-financing of the improvements contemplated by the issuance of the Bonds
invested,pending such es,In securities or obligations which are'awful and authorized herein.The improvements authorized herein will accomplish
investments for amnesia the Mateo,Colorado.It is hereby covenanted and the general public benefits et forth in Section 11 of this Ordinance and need to
agreeed eCoountythat.the temporary investment or reinvestment of the be completed
during Inc me construction season. in me opinion of,ter'
for Such portion thereof,shall beofsuch nature and extent,and Underwriters, in order to successfully accomplish tlw financing and the
.period, therthe-Bonds of the County shall not be or become completion of the improvements,the issuance and delivery of Me Bonds must
•'arbitrage bonds"within the meaning of Section 103(c)of the Internal Reve take place en or about May'7, 1f04,wblch delivery date necessitates the
'nue Code of 1904,as-amended,and pertinent regulations,rulings,and deci- passage of this Ordinances*an,emergency ordinance..Sings and such precede,If so invested of reinvested,shall be sublet to Me - �>;limitations and restrictions of said Section 103(c),and pertinent regulations, ..Section 16. Effective Date.This Ordinance shall take effect upon enact.
`rulings and decisions as ta'same now exists or may later be amended. met,as provided by Section 3.14(6)of the Weld County Home Rule Charter.
:..Section 10.Local l,mprovement District No.1904.1 Bond and interest Fund. ..The above and foregoing Ordinance No.126 was,on motion duly made and
,The Bonds and t thereon the interest shall be payable solely from to localseconded Im- adopted by the following vote on the 2nd day of April, 19a4.provement fund;designated as the"Local Improvement District.No.1f04.1
Bond and Interest Fundy Which shall contain initially capitalized interest in ' ATTEST: 'BOARD OF COUNTY COMMISSIONERS
the amount Of SS3,01J any;.moneys In the construction'account.remaining • .: WELD COUNTY,COLORADO
'after the total cost of.improvements has been paid in full and thereafter to ' Weld County Clerk and Recorder
contain the moneys collected on account of the assessments to be levied- .and Clerk to the Board
;against the property within the District and specifically'benefitted by the construction of improvements therein.Whenever the County Treasurer has ) __
funds in the treasury tote credit of the Bond and interest Fund exceeding six \Y: Is/ Norman Carlson,Chairman
months'interest on the unpaid principal of the Bonds issued and outstanding, _ Deputy CMmty Clerk the County-shall'call.for payment on the next interest payment-date:Out-. /s/
_standing Bonds in direct numerical order with funds available therefor. -` • Jacqueline Johnson,Pro-Tem
Alter theexpiratfonef to period-for cash payments of assessments in full,' APPROVED AS TO FORM:the County shall,to the extent possible,pay each year not less than 10%of the - /s;
total amount.of Bonds outstanding after the payment of the Bonds with the -
proceeds of such cash paylhehts of assessments in full.: GMT
ry (EXCUS Dranmer
SED).
..section II. Assessment CO Gal Spacial-and General Benefits._Upon
completion of the local improvements in the District,or upon AaehtaatCounty Attorney. CBYrhi Carifon
from time to time of any completion /v
part thereof,or whenever.the total costs can bu. '" •
definitely ascertained,the Beard of County Commissioners shall cause to '!prepared a statement showing the whole cost of the improvements, the John T.Marlin
'Portion thereof to be paid by the County,if any,and dpi cotton the cost to Red aid enacted: April 2,,1904
assessed for the construction of the improvements.The Benin of County
,Cemmlulenen has and hereby finds and determines that the improvements Puails .J: April L 1104 -proposed to be constructed and installed will confer general benefit upon
County and ma mawtammsa and rraaMai1nants�itithh pMy�����c
amProved d Weld Comfy Reed*Mpabkeerraaemldrch bhcage direaa EHenN�ggemge We611304aot 001505.LOU 04mW. „o.•.,,,.S ,.,., ,.„•
limit traffic on the sWMen Iwo(2) mikes of Weld County Road 2 and the form: :' ,
damage to the currently improved surface of said read,'.and, pursuant to
C.R.S. 3040.606,that the preperty M Colorado Landfill, Inc.described in
Exhibit B attached hereto, wilt:specially benefit from,the proposed
/
improvements based on the following facts:
a
(a) The market value of the property will increase;and
(b)The proposed improvements will adapt the property to a more profit.
able use;and _
/
EXHIBIT A
Improvement District:
ROM/.,W 40'of the NW of the HWY.and theW
/ the 4V SW of the NWV.
Sec,,SS,T1N,RNW:%W W of Hie SW SWV.NWV.and Me W SW of Mc SW Y4
Sec.33,TIN,ROM/,E NY o1 Me Sih NEW Sec.32,TIN,Raw/E W of t t
NEW NEW Soc.32,TIN,ROPY,all in relation to the 6th Principal Meridian,
Weld County,Colorado.
N 30'of the NEW NEW Sec.fLT1N,WNW/S 30'of Me SEW SEW Sec.20,
-TIN,RNW/S S0'of the W 40'of the SY/Y4 Sec.21,TIN,RNW,alt in relation to
the 6th Principal Meridian,Weld County,Colorado.
EW NY/1/4 and the W1/2 NEW Sec.29,TIN,RNW of the 6th Principal Meridian,
Weld County,C I r d .
EXHIBITS
-EW N WNW and the WW NEW Sec.19,TIN,Er of the 6th Principal Meri-
dian,/Weld County,Colorado. -
Published in the LaSalle Leader Thursday. April 5, 1984.
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