HomeMy WebLinkAbout941099.tiff attev sass EMERGENCY ORDINANCE NO. 182
IN THE MATTER OF AUTHORIZING THE ISSUANCE AND SALE OF COUNTY OF WELD,
COLORADO, INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1994 (THE DOVATRON
INTERNATIONAL, INC. PROJECT) IN THE PRINCIPAL AMOUNT OF $6,915,000, FOR THE
PURPOSE OF LOANING FUNDS TO DOVATRON INTERNATIONAL, INC. TO FINANCE
IMPROVEMENTS RELATING TO ACQUIRING, IMPROVING, CONSTRUCTING, INSTALLING AND
EQUIPPING A MANUFACTURING FACILITY IN WELD COUNTY, COLORADO; AUTHORIZING
THE EXECUTION AND DELIVERY OF A TRUST INDENTURE FROM THE COUNTY TO
AMERICAN BANK NATIONAL ASSOCIATION, AS TRUSTEE; AUTHORIZING THE EXECUTION
AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE COUNTY AND DOVATRON
INTERNATIONAL, INC. AND THE ASSIGNMENT BY THE COUNTY TO THE TRUSTEE OF ITS
INTEREST IN THE LOAN AGREEMENT AND A RELATED PROMISSORY NOTE; AND
AUTHORIZING THE PREPARATION AND EXECUTION OF CERTAIN RELATED DOCUMENTS
AND INSTRUMENTS.
WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority
of administering the affairs of Weld County, Colorado, and
WHEREAS, the County of Weld, Colorado (the "County) , is authorized by Part 1 of Article 3
of Title 29, Colorado Revised Statutes, as amended (the "Act"), to issue revenue bonds for the
purpose of financing projects to the end that business enterprises will locate in the County, to enter
into financing agreements with others for the purpose of providing revenues to pay such bonds and,
further, to secure the payment of such bonds, and
WHEREAS, pursuant to a Resolution duly adopted on July 27, 1994 (the "Inducement
Resolution"), the County will take all necessary and advisable steps to issue such bonds in
accordance with the provisions of the Act for the purpose of financing certain manufacturing facilities
(the "Project Facilities") to be owned by DOVatron International, Inc., a Delaware corporation (the
"Company"), and to be located within the County, and
WHEREAS, the following documents have been submitted to the Board of Commissioners
of the County(the "Board") and filed in the office of the County Clerk to the Board (the "Clerk") and
are there available for public inspection:
(i) A Trust Indenture, to be dated December 1, 1994 (the "Indenture"), from the County
to American Bank National Association, as trustee (the "Trustee").
(ii) A Loan Agreement (the "Loan Agreement") to be dated December 1, 1994, between
the County and Company, including a form of Company's Note to the County and an
Assignment of Loan Agreement also dated December 1, 1994, between the County
and the Trustee.
(iii) A Letter of Credit, to be dated the date of issuance, presently expected to be
December 8, 1994, in the approximate amount of $7,000,000, issued by Norwest
Bank Minnesota, National Association (the "Bank"), pursuant to a Reimbursement
Agreement to be dated December 1, 1994, between the Company and the Bank.
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Mary Ann Feuerstein Weld Co. , Clerk & Recorder 0.00 _e H/
Ordinance No. 182
Page 2
(iv) A Bond Placement Agreement to be dated its date of delivery (the "Bond Placement
Agreement") among Norwest Bank Minnesota, National Association, Minneapolis,
Minnesota, as placement agent (the "Placement Agent"), the County and the
Company.
(v) A Remarketing Agreement dated December 1994, among the Placement Agent, the
Company and the County.
WHEREAS, the Company has requested that the County issue at this time the County of
Weld, Colorado, Industrial Development Revenue Bonds, Series 1994 (The Dovatron International,
Inc. Project), in the principal amount of$6,915,000 (the "Bonds") by Ordinance, approve the form
and authorize the execution of the Indenture, the Loan Agreement, the Assignment, the Bond
Placement Agreement and the Remarketing Agreement.
NOW, THEREFORE, BE IT ORDAINED, by the Board of Commissioners of the County of
Weld, State of Colorado that:
ARTICLE I
DEFINITIONS, LEGAL AUTHORIZATION,
ELECTION, APPROVALS AND FINDINGS
1.1. Definitions
The terms used herein, unless the context hereof shall require otherwise, shall have the
same meanings when used herein as assigned to them in the Indenture unless the context
or use thereof indicates another or different meaning or intent.
1.2. Legal Authorization
The County is a political subdivision of the State of Colorado and is authorized under the Act
to finance the Project Facilities and to issue and sell the Bonds for the purpose, in the
manner and upon the terms and conditions set forth in the Act and in this Ordinance.
1.3. Findings
The Board, based on the representations of the Company, has heretofore determined and
found, and does hereby determine and Find as follows:
(a) The Bonds and the interest accruing thereon shall never constitute the debt or
indebtedness of the County within the meaning of any provision or limitation of the
constitution or statutes of the State of Colorado, and the Bonds and the interest
thereon do not create any multiple fiscal year direct or indirect debt or other financial
obligation of the County and shall not constitute nor give rise to a pecuniary liability
of the County or a charge against its general credit or taxing powers.
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Ordinance No. 182
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(b) Pursuant to Sections 113 and 114 of the Act, the County hereby determines:
(i) The amount in each year to pay the principal of and the interest on the first
Bonds to be issued at the maximum interest rate allowable under the terms
of the Bonds and Trust Indenture is as follows:
Perot tpal In#ere t Ted#all Amou '
Year (December 1) of 1b° in each Year
1995 $ 300,000 $ 990,000 $ 1,290,000
1996 300,000 945,000 1,245,000
1997 360,000 891,000 1,251,000
1998 360,000 837,000 1,197,000
1999 420,000 774,000 1,194,000
2000 420,000 711,000 1,131,000
2001 420,000 648,000 1,068,000
2002 480,000 576,000 1,056,000
2003 480,000 504,000 984,000
2004 480,000 432,000 912,000
2005 540,000 351,000 891,000
2006 540,000 270,000 810,000
2007 540,000 189,000 729,000
2008 600,000 99,000 699,000
2009 675,000 63,000 738,000
(ii) Since the Loan Agreement provides that the Company shall maintain the
Project Facilities and carry all proper insurance with respect thereto, no
determination of the estimated cost of maintaining the Project Facilities need
be made.
(c) Pursuant to Section 120 of the Act, the County hereby determines that the revenues
of the Company will be sufficient to, and that the Loan Agreement provides that the
Company shall, pay all taxes which may be due and owing with respect to the Project
Facilities.
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Ordinance No. 182
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(d) Pursuant to Section 3-14(6) of the Weld County Home Rule Charter, the County
hereby determines that an emergency exists because the allocation applicable to the
Bonds will expire December 23, 1994, and the County desires to act now to secure
a favorable interest rate.
1.4. Authorization and Ratification of Project Facilities
The County hereby authorizes the Company to provide for the acquisition, construction and
installation of the Project Facilities by such means as shall be available to the Company and
in the manner determined by the Company.
1.5. Election by Issuer
The County hereby elects, with respect to the Bonds, to be within the limitation imposed by
the provisions of Section 144 (a) (4) (A) of the Internal Revenue Code of 1986, as amended
(the"Code") and the County Clerk to the Board is hereby directed to keep this election in the
Clerk's official records of the proceedings of Board, and any and all acts heretofore taken
pertaining to such election and relating to such requirements are hereby ratified and
confirmed.
1.6. Approval Pursuant to Section 147(f) of the Code
For purposes of complying with Section 147(f) of the Code, this Board has heretofore
conducted a public hearing with respect to the Project Facilities and the use of proceeds of
the Bonds, notice of which hearing was published at least 14 days prior thereto, for purposes
of approving the issuance of the Bonds in the maximum aggregate principal amount of
$6,915,000, and the use of the proceeds to finance the costs of the acquisition, renovation,
equipping and installation of manufacturing facilities which facilities are owned and operated
by the Company and used by the Company in the manufacture of printed circuiit boards and
related products.
ARTICLE II
THE BONDS
2.1. Issuance and Sale of Bonds; Interest Rates
The County shall issue its Industrial Development Revenue Bonds, Series 1994 (The
DOVatron International, Inc. Project) to be dated the date of issuance, presently expected
to be December 8, 1994, in a principal amount not to exceed $6,915,000 for the purpose, in
the form and upon the terms set forth in the Bonds and the Indenture. The Bonds shall be
subject to redemption as set forth in the Indenture. The Bonds shall be sold to the
Placement Agent pursuant to the terms of the Bond Placement Agreement.
The Bonds shall be numbered consecutively from "R-1" upward and shall be issued in
minimum denominations of $100,000, or any larger denomination constituting an integral
multiple of$5,000. Interest on the Bonds shall be payable as set forth in Section 2.03 of the
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Ordinance No. 182
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Indenture. Each Bond shall bear interest until the principal sum thereof has been paid;
provided, however, that if Bonds have been called for redemption and funds are available
for the payment on the redemption date thereof in full accordance with the terms of this
Ordinance and the Indenture, the Bonds shall then cease to bear interest.
The Bonds shall bear interest as more fully described in the Indenture and shall mature on
December 1, 2009.
The maximum net effective interest rate authorized for the Bonds is eight percent (8%) per
annum; provided that such interest rate may be raised, but not in excess of 15 percent (15%)
per annum as more fully described in the Indenture. The initial net effective interest rate on
the Bonds shall be as provided in the Indenture but not in excess of such maximum.
ARTICLE III
GENERAL COVENANTS
3.1. Payment of Principal and Interest
The principal and interest are payable solely from and secured by revenues and proceeds
derived from the Project Facilities and payable pursuant to the Indenture, the Loan
Agreement, the Company s Note, and the Letter of Credit; and nothing in the Bonds or in this
Ordinance shall be considered as assigning, pledging or otherwise encumbering any current
or future funds or assets of the County.
3.2. Performance of and Authority for Covenants
The County covenants that it will faithfully perform at all times any and all covenants,
undertakings, stipulations and provisions contained in this Ordinance, the Indenture, the
Loan Agreement, the Bonds and in all proceedings of the Board pertaining thereto; that it is
duly authorized under the Constitution and laws of the State of Colorado including
particularly, and without limitation, the Act to issue the Bonds, pledge the revenues and
assign the Loan Agreement and endorse the Company Note in the manner and to the extent
set forth in this Ordinance, the Indenture, the Bonds and the Loan Agreement and
Assignment of Loan Agreement; that all action on its part for the issuance of the Bonds and
for the execution and delivery thereof has been duly and effectively taken; and that the Bonds
are and will be a valid and enforceable obligation of the County according to the terms
thereof.
3.3. Nature of Security
Notwithstanding anything contained in the Bonds, the Indenture, the Loan Agreement, the
Bond Placement Agreement, the Remarketing Agreement, the Letter of Credit or any other
document referred to in this Ordinance, the Bonds and the interest thereon shall never
constitute the debt, indebtedness or multiple fiscal year direct or indirect debt or other
financial obligation of the County within the meaning of any provision or limitation of the
constitution or statutes of the State of Colorado and shall not constitute nor give rise to a
1
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Ordinance No. 182
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pecuniary liability of the County or a charge against its general credit or taxing powers; and
the County, its agents, officers and employees shall not be subject to any personal or
pecuniary liability thereon.
ARTICLE IV
MISCELLANEOUS
4.1. Severability
If any provision of this Ordinance, except Section 3.3 hereof, shall be held or deemed to be,
or shall, in fact, be, inoperative or unenforceable as applied in any particular case in any
jurisdiction or in all cases because it conflicts with any provisions of any constitution or
statute or rule or public policy, or for any other reason, such circumstances shall not have
the effect of rendering the provision in question inoperative or unenforceable in any other
case or circumstance, or of rendering any other provision or provisions herein contained
invalid, inoperative or unenforceable to any extent whatever. The invalidity of any one or
more phrases, sentences, clauses or paragraphs in this Ordinance, except Section 3.3
hereof, shall not affect the remaining portions of this Ordinance or any part hereof. In the
event Section 3.3 hereof is held to be inoperative or unenforceable for any reason, no other
provision or section of this Ordinance shall be given effect in any manner so as to impose
any indebtedness or liability upon the County or to cause the creation of any multiple fiscal
year direct or indirect debt or other financial obligation of the County.
4.2. Authorization to Execute Documents
The forms of the proposed Indenture, the Loan Agreement, the Assignment of Loan
Agreement, the Bond Placement Agreement and the Remarketing Agreement are hereby
approved in substantially the form presented to the Board; and the Chairman of the Board
of County Commissioners and the Clerk to the Board are authorized to endorse the Company
Note and execute the Loan Agreement, the Indenture and the Assignment of Loan
Agreement in the name of and on behalf of the County and such other documents as Bond
Counsel and the County Attorney considers appropriate in connection with the issuance of
the Bonds, including an IRS Form 8038. The Chairman of the Board of County
Commissioners is authorized to execute the Bond Placement Agreement on behalf of the
County. The officials and officers of the County specified in the Indenture are authorized to
execute and deliver the Bonds. In the event of the absence or disability of the Chairman of
the Board of County Commissioners or the Clerk to the Board, such officers of the County
as, in the opinion of the County Attorney, may act in their behalf, shall without further act or
authorization of the Board of County Commissioners do all things and execute all instruments
and documents required to be done or executed by such absent or disabled officers.
4.3. Authority to Correct Errors, etc.
The Chairman of the Board of County Commissioners and the Clerk are hereby authorized
and directed to make or agree to any alterations, changes or additions in the instruments
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hereby approved as the County Attorney deems necessary or proper to accomplish the
purposes of this Ordinance, the signatures of the Chairman of the Board of County
Commissioners and the Clerk on the instruments to be conclusive evidence of such
approval; provided, however, no alteration, change or addition shall be made which shall
alter the maximum net effective interest rate, denomination, date, maturities, form, interest
rates, registration privileges, manner of execution, places of payment or terms of prepayment
of the Bonds or which shall increase the aggregate principal amount of the Bonds authorized
by the County Board or in any way create a multiple fiscal year direct or indirect debt or other
financial obligation of the County or give rise to a pecuniary liability of the County or a charge
against its general credit or taxing powers with respect to the Bonds.
4.4. Further Authority
The Chairman of the Board of County Commissioners, the Clerk to the Board and other
proper County officials, are hereby authorized to execute and deliver for and on behalf of the
County any and all additional certificates, documents and other papers and to perform all
other ads they may deem necessary or appropriate in order to implement and carry out the
matters herein authorized. If necessary, the Board may provide additional details, not
inconsistent herewith, by Supplemental Resolution.
4.5. Repealer
All Ordinances or parts thereof in conflict with this Ordinance are hereby repealed.
4.6. Ordinance Irrepealable; Amendments
After the Bonds are issued this ordinance shall be and remain irrepealable until the Bonds
and the interest thereon shall have been fully paid, satisfied and discharged. In the event
this Ordinance is amended, modified or changed in any manner, written notice of same shall
be given by the County to the Trustee.
4.7. This Ordinance shall take effect immediately upon its introduction and passage.
BE IT FURTHER ORDAINED by the Board that, if any section, subsection, paragraph,
sentence, clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in each
and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the
fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might
be declared to be unconstitutional or invalid.
BE IT FURTHER ORDAINED by the Board that an emergency exists; therefore, this
Ordinance is declared to be an Emergency Ordinance under the provisions of Article III,
Section 3-14(6) of the Weld County Home Rule Charter.
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Ordinance No. 182
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The above and foregoing Ordinance Number 182 was, on motion duly made and seconded,
adopted by the following vote on the 7th day of November, A.D., 1994.
/1/
Leh
BOARD OF COUNTY COMMISSIONERS
ATTEST:O A / (! /,Le WELD COUNTY, COLD DO
%�JYlEltiv� A1/141/- �^l1 / I 1
Weld County Clerk to the Board } /jam, d 2; i t(J)
^ W. H. Webster, C airm
;�A,f.�,Y� /
BY: t//��� / n cam+ J mil"
Deputy Clerk to the Board Dale K. Hall,Pro-T
APPROVED AS TO FORM: �ti / 27t
Geofg . Baxter
I
County Attorn of stance L. Harbert
‘ /
'Barbara J. Kirkmeye ,7
Published: November 3, 1994, in the Windsor Beacon
Read and Approved: November 7, 1994
Published: November 10, 1994, in the Windsor Beacon
Effective: November 7, 1994
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AFFIDAVIT OF PUBLICATION
STATE OF COLORADO
S.S
t COUNTY OF WELD
e estar ea
ewe I, ROGER A. LIPKER, of said County of Weld, being duly
as oern2"y sworn,say that I am publisher of
Ns.Is hereby given that e j
remit meeting of the Board of I WINDSOR BEACON
Cap Commissioners of
Wed County,Colorado,to be a weekly Nowneer 7,1994 I; newspaper having a general circulation in said
ti e t floor meeting room, County and State, published in the town of WINDSOR, in
915 en.rTenthhehu o gt, Greeley.
,
said County and State; and that the notice, of which the
cot ht hour
•e Board of County annexed is a true copy, has been published in said weekly
hearing b conelda
pabwelawre o her ms a. for / successive weeks, that the notice was
Ouepe
wreel of Weld County I published in the regular and entire issue of every number of
Enagency WW1 Y orreefulolly seance t the paper during the y period and time of publication, and in
est anpersons are invited the newspaper proper and not in a supplement, and that
b Wind the pudic heating
mil b express mar view.both the first publication of said notice was in said paper bearing
wily end In *Ong, on me the date of the
Wepeeed Emergency c/�
Odom x182. 4 day of . l2ve_.f+1L-et A.D., 1994 and the
Wald County Colorado,Board publication bearing the date of the
o Cant/Commissioners _day of A.D., 19 and that
er:NNW o.Warden the said WINDSOR BEACON has beer published
Clark to the eow continuously and uninterruptedly for the perm:: of 5
DI:ceron Hardingconsecutive weeks, in said County and State, prior to the
date of first publication of said notice, and the same is a
aolevcied<bm.eooe newspaper within the meaning of an Act to regus-a printing
peeallovemwrl law of legal notices and advertisements, approved May 18,
1931, and all prior acts so far as in force.
Wes en Nov ;
'"" £ 6 �� _
JCA- ✓ ISHER
Subscribed and sworn to before me this A-41 day of
¢z-c.,,J,ty 19-t7/
4}4!s l' J(- 2/Z.rrinv,
NOTARY PUBLIC
My commission expires % l 9��
941.0439
(I) A Tad Indenture, to be 1.3.Findings
' delad naceeSer 1,1994(M
IN THE MATTER OF WINO- i'Slum"),from M Cony The Board,based on the rap-
RIZINe.THE ISSUANCE MID Ito American Bank National I reeetalkns of the Company,
:'Lt Cr. unir OF Aaaadation, as trustee (the has heretofore determined and
WELD.COLORADO.INDUS- ""'sere,, found,and does hereby dater- AFFIDAVIT OF PUBLICATION
TRIAL DEVELOPMENT REV- mina and Find as follows:
ENUE'Optic SEI*ES Is (ti) A Loan Agreement (the
(THE DOVATRON INTEIMA- 'Loan Agreement)to be dated (a)The Bonds and the interest STATE OF COLORADO
TIONAL, INC. PROJECT) IN December 1, 1994, baMan accruing thereon shalt never
THE PRINCIPAL AMOUNT OF the County and Company, mastitute the debt or indebt- S.S
including a form of Comma oldness of the County Within COUNTY OF WELD
F FOR THE PUG Note to the County ark en ea meaning of any provision
POSE DOVATRON LOANING FUIDB ment of law or limitation of the constitution -
TO A), I . IFINANE Assrpn I, ROGER A. LIPKER, of said County of Weld, being duly
TIONAL, INC. TO FINANCE Agreement also Mlle or statutes do.and of the mdse d
TO ACQUIRING,
RELATING t December 1, 1994,Trustebale.
MsColI Interest the o Bonds ere-end
TO ACQUIRING, IM►ROV- the County and the Tnwr. Msayten a year sworn,say that I am publisher of
ING, CONSTRUCTING, ate any multiple fiscal year
INSTALLING AND EGUP- Sri)A Letter of Credit, and dired or indirect debt or other WINDSOR BEACON
PING A MANUFACTURING Decareber 1994, in M financial obligation of the
sawaimate amour d County and shall not constitute
FAC11.1TY IN WELD COUNTY,
COLORADO; AUTHORIZING $1,8e0,000, issued fl nor give rise to a pecuniary ea-
THE EXECUTION AND 'Newt Bank Calm* Mty of the County oradiarge a weekly newspaper having a general circulation in said
D
Mani Association (Se against Its general credit or Countyand State, published in the town of WINDSOR, in
N E VERY OF
NTURE FROM T1'E +aret)• pursuant le a taxing powers.I COUNTY TO AMERICAN Rearbusement AgreerM is said County and State; and that the notice, of which the
BANK NATIONAL ecember 1, Mee, (b) Pursuant to Sedans 113 annexed is a true copy, has been published in said weekly
ASSOCIATION. AS Skean an the ny wig gig and 114 of the Act,the County
TRUSTEE; AUTHORIZING 1rt —�, hereby determines: for / successive weeks, that the notice was
THE ' EXECUTION MID (M A ass Naeeerd (i)The amount in each year to published in the regular and entire issue of every number of
DELIVERY OF A LOAN An...iassob pay the principal of and the the paper during the period and time of publication, and in
AGI EVENT BETWEEN ow-1;4;n tea 'Md1 Merest on the first Bonds tobe the newspaper proper and not in a supplement, and that
THE COUNTY AND DM- __..------4 issued al the maximum inter-
TROYINISW44TENN,Eric. Repement Ar .e. f1 eat rate allowable under the the first publication of said notice was in said paper bearing
MID THE ASSIGNMENT BY I Mang Nrwaat MI SSC MS terms of the Bonds and Tust the date of the
THE COUNTY TO THE Minnecl, Indenture is as follows: �j
TRUSTEE OF ITS INTEREST I Aseocletcn, Minneapolis, kLday of ,E C^{ 2, @ 9 AD., 199/ and the
MII IN THE LOAN AGREEMENT O$a, as placemed y5. last publication bearing the date of the
MID A RELATED PROMS- agent me clabament Agee, PNnppal
SORT NOTE; AND ALJR1D• the Cana and the Coney. (Depsrnbr1) _day of A.D., 19_ and that
RIaIq THE PREPARATION Intoned the said WINDSOR BEACON has been published
MID EXECUTION OF CS- (y)A Remarketing Agreement d 10%
INN RELATED DOW- ddd December 1994.among Tole Amount in each Year continuously and uninterrCptedly for the period c+ S
MENTSAND INSTRUMENTS. M Placement Agent, M consecutive weeks, in said County and State, prior to the
Company and the County. , Year, 1995, Prinicpal
WHEREAS, the Board a (December 1) 5300,000, date of first publicat;ac of said notice, and the same is a
County Commissioners d M YA/EIFA5,the Company has Interest at 15%, $990,000, newspaper within the meaning of an Act to regulate printing
County of Weld, Stale d requested that the County Total Amount in each Year, p9 p g
Colorado. pursuant to irwat this time the County of $,,250,000; Year. 1996, of legal notices and advertisements, approved May 18,
Colorado statute and the Weld Wed, Colorado, Inductee Prinicpal (December 1) 1931, and all prior acts so far as in force.
Cowry Home Rule Cllallr,Is pseelopment Revenue Bonds, $300,000, Interest at 15%.
vested with the euthaq of Series 1994 (The Dovatron $945.000 Total Amount in each
edmktstrfng the affairs of International, Inc. Project), in Year,$1,245,000;Year,1997, ,
Weld County,Colorado,and k the principal amount of Prinicpal (December 1)
$8,915,000 (the 'Bonds, by $360.000. Interest at 15%, j,�\ 6. —
WHEREAS. the Cowl N .ptlinanoe, approve the form $891,000, Total Amount in pl S ISHER
Weld,Colorado(the Taunt?) and authorize the execution of each Year, $1,251,000;Year, �"
Is authorized by PM 1 N M Indenture, the Loan 1988,Prinicpal(December 1) f
Artiste 3 of Title 29.Colorado Agreement. the Assignment $380,000, Interest at 15%, tl day of
Revised Statutes,as ameMd. M Bond Placement Subscribed and sworn to before me this 3
Agreement end the cacti Year,
Total Amount in
I(the "Act'). to issue annum N each Year, $1,197,000; Year, -----77 a(!_Q..r 'r/ 197
bonds for the purpose of Remarketing Agreement. 1999,Printed&(December 1)
Slanging projects to the ek $420,000. Interest at 15%. // /�
that business enterprises all NOW, THEREFORE, BE IT $]]4,000, Total Amount in ,!'[�t� �d- 21rLTTz-ilw
locate in the County,to seder ORDAINED, by the Board of each Year, $1,194,000;Year, // �`
Into inane'egreen ets with Commissioners of the County 2000,Prinicpal(December 1) NOTARY PUBLIC
filers lot toe purpose d pro- N Weld, Stab of Colorado $420,000, ),serest at 15%,
Meq revenues to pay stir that: $711,000. Taal Amount in 2 / '7(7
bonds ark further,to sense My commission expires c----43a-1 4= _
the payment of such bends, ARTICLE I
and
DEFINITIONS,LEGAL
WHEREAS, pursuant to a AUnIIRQAT ON.
Resolution duly adopted on ELECTION,APPROVALS
I Jay 27, 1994 (the AND FINDINGS
Inducement Resolution,,the
County wet lake at necessary' 11.1.Definitions
end adkaae steps to Issue
such bonds in aaadense with •The terms used herein,unless
the provisions of the Mt for the the context hereof shag require
purpose of financing tartar otherwise,shall have the same
menufactudmg fadlies (M meanings when used herein
'Project Facilities, to be as assigned to them in the
owned by DOVdron Indenture unless the context or
Inlemationai,Inc.,a Delaware use thereof indicates another
corporation (the -Company"), or different meaning or intent.
and to be located within the I •
a "
County.and 1.2.Legal Authorization
WHEREAS,the following doc- The County is a political aubdi-
uments have been submitted vision of the State of Colorado
to the Board of Commissioners and is authorized underM Act
I of is County She '11100, 1e RYsaeM Palm F OMS
and riled in M og ee d the OM Y Nero end eel M
Cowl Cantle M Baba(the Iona kr M prePese,In M
"Clerk, and are there avail- manner and upel the Mina
able for Public kwpection: ' and conditions set forth In it 941099
Act and n this
s OrdkwrOrdinance.
each Year,$1,131,000; Year, 144(a)(4)(A)of the Internal Courtly s811Y1 tie meaning/of Plead A wietit on 4.6. Ordnance Irr.P'eNMr
WI,Pdniuysl(December 1) Revenue Code of 1918, as The maximum net effective any provision or limitation of behalf of the County. The nth- Amendment.
$420,000, Interest at 15%, amended(the'Code)and the interest rate authorized for the the constitution or statutes of awls and officers of the County
MOW,Total Amount in each County Clerk to the Board Is Bonds is eight percent (8%) the State of Colorado and shall specified in the Indenture are After the Bonds are issued this
Yam$1,068,000;Year,2002, hereby directed to keep this per annum,provided that such not constitute nor give rise to a authorized to execute and ordinance shall be and remain
Pdsgel (December 1) election in the Clerk's official Interest Me may be raised,but pecuniary liability of the deliver to Bonds.In the event Irrepealable until the Bonds
$480,000, Interest at 15%. records of the proceedings of not in excess of 15 percent County or a charge against is of the absence or disability of and the interest thereon shall
$M$jj0, Total Amount in Board, and any and all ads (15%)per annum as more fully general credit or taxing pow- the Chairman of the Board of have been fully paid,sallied
e ll.year, $1,058,000; Year, heretofore taken pertaining to described in the indenture. era;end the County,its agents, Commissioners or the County and discharged. In to every
S ODSaridcpal(December 1) such election and relating to The initial net effective interest officers and employees shall Clerk to the Board,such oft- this Ordinance is amended,
9MySO, Interest at 15%, such requirements are hereby rare on the Bonds shall be as not be subject to any personal cars of the County as,in the modified or changed in any
814 o, Total Amount in ratified and confirmed. provided in the Indenture but or pecuniary liability thereon. opinion of the County Attorney, manner,written notice of seine
malt-Year. $984,000; Year, not in excess of such maxi- - may act In their behaf,shall shall be given by the County to
2004,Pdnlpal(December 1) 1.6. Approval Pursuant to mum. ARTICLE IV without further act or autho- the Trustee.
$480,000, Interest at 15%, Section 147(0 of the Code MISCELLANEOUS rization of the Board of
$432,000, Total Amount in ARTICLE III Commissioners do all things 4.7.This Ordinance shall Wks
swim Year. $912,000; Year, For purposes of complying GENERAL COVENANTS 4.1.Severability and execute all instruments effect immediately upon Is
200$,Prinipal(December 1), with Section 147(f) of the and documents required to be Introduction and passage.
1540,000, Interest at 15%, Code,this Board has hereto- 3.1.Payment of Principal and If any provision of this done or executed by such
$351,000, Total Amount in fore conducted a public hear- Interest Ordinance,except Section 3.3 absent or disabled officers. BE IT FURTHER ORDAINED
each Year, $691,000; Year, ing with respect to the Project hereof, shall be held or by the Board that,if any math
200B,Prinipal(December 1) Facllies and the use of pro- The prindpal and interest are deemed to be,or shall,in fact, 4.3. Authority to Correct tion, subsection, paragraph,
$540,000, Interest at 15%, reeds of the Bonds,notice of payable solely from and be, inoperative or unenforce- Errors,etc. sentence,clause,or phrase of
$270,000, Total Amount in which hearing was published secured by revenues and pro- able as applied In any particu- this Ordinance is for any M-
e sta Year, $810,000; Year, at least 14 days prior thereto, seeds derived from the Project tar case in any jurisdiction or in The Chairman of the Board of son held or decided to be
2007,Prinipal(December 1) for purposes of approving the Facilities and payable pur- all cases because it conflicts Commissioners and the Clerk unconstitutional,such decision
$540,000, Interest at 15%, issuance of the Bonds in the suant to the Indenture, the with any provisions of any con- are hereby authorized and shall not effect the Width,of
$181,000, Total Amount in maximum aggregate principal Loan Agreement, the stitution or statute or rule or directed to make or agree to the remaining portions hereof.
each Year, $729,000; Year, amount of$6,915,000,end the Company' s Note, and the public policy,or for any other any alterations, changes or The Board of County
2006,Prinieal(December 1) use of the proceeds to finance Letter of Credit;and nothing in reason, such circumstances additions in the instruments Commissioners hereby
$100,000, Interest at 15%, the costs of the acquisition, the Bonds or in this Ordinance shell not have the effect of ren- hereby approved as the declares that it would have
$81,000,Total Amount in each renovation, equipping and shall be considered as assign- daring the provision in ques- County Attorney deems neces- enacted this Ordinance in
Year, $699,000; Year, 2009, installation of manufacturing ing, pledging or otherwise lion inoperative or unenforce- vary or proper to accompfsh each and every section,sub-
PMkpal (December 1) facilities which facilities are encumbering any current or able in any other case or cir- the purposes of this section, paragraph,sentence.
875,000,Interest at 15%,—, owned and operated by the future funds or assets of the cumstance, or of rendering Ordinance, the signatures of clause, and phrase thereof
Total Amount in each Year, Company and used by the County. any other provision or provi- the Chairman of the Board of irrespective of the fad 900 any
$610,000. Totals: Principal Company in the manufacture sons herein contained invalid, Commissioners and the Clerk one or more sections,subset-
$1,g00,000. of battery products. 3.2. Performance of and Inoperative or unenforceable on the instruments to be con- tions,paragraphs, sentences,
Authority for Covenants to any extent whatever. The elusive evidence of such clauses,or phrases night be
(0)Since the Loan Agreement ARTICLE II invalidity of any one or more approval; provided, however, declared to be unconstitutional
provides that the Company THE BONDS The County covenants that it phrases, sentences, clauses no alteration,change or addi- or invalid.
shall maintain the Project will faithfully perform at all or paragraphs in this don shall be made which shall
Fadtles and carry of proper 2.1. Issuance and Sale of times any and all covenants, Ordinance,except Section 3.3 alter the maximum net elen- BE IT FURTHER ORDAINED
insurance with respect thereto, Bonds;Interest Rates undertakings,stipulations and hereof, shall not affect the five interest rate, denomna- by the Board that an ener-
no determination of the esti- provisions contained in this remaining portions of this tion, date, maturities, form, gency exists; therefore, this
mated cost of maintaining the The County shell issue its Ordinance,the Indenture,the Ordinance or any pad hereof. interest rates,registration phi- Ordinance is declared bbe an
P reheat Facilities need be Industrial Development Loan Agreement, the Bonds In the event Section 3.3 hereof lieges, manner of execution, Emergency Ordinance under
made. Revenue Bonds,Series 1994 and in all proceedings of the is held to be inoperative or places of payment or terns of the provisions of Article Ill,
(The DOVatron International, Board pertaining thereto;that t unenforceable for any reason, prepayment of the Bonds or Section 3.14(6) of the Weld
(c)Pursuant to Section 120 of Inc. Project) to be dated is duly authorized under the no other provision or section of which shall increase the County Home Rule ChMY.
to Ad, the County hereby December 1,1994,in a pdrd- Constitution and laws of the this Ordinance shall be given aggregate principal amount of
desonnes that the revenues pal annum not to exceed State of Colorado including effect in any manner so as to the Bonds authorized by the The above and foregoing
of the Company will be suit- $6,915,000 for the purpose,In particularly,and without lino{- impose any indebtedness or County Board or in any way Ordinance Number 102 was,
d en to, and that the Loan the form and upon the terms ton, the Act to issue the liability upon the County or to create a multiple fiscal year on motion duly made end sec-
Armament provides that the set IoM in the Bonds and the Bonds, pledge the revenues cause the creation of any mul- direct or indirect debt or other eroded,adopted by the Whew-
Company shall,pay all taxes Indenture.The Bonds shall be and assign the Loan tithe fiscal year direct or Indl- financial obligation of the ing vote on the 7th day of
wisdn may be due and owing subject to redemption as set Agreement and endorse the red debt or other financial County or ghee rise to a peak November,A.D.,1994.
wed respect to the Project forth in the Indenture. The Company Note in the manner obligation of the County. nary liability of the County ore
Facades. Bonds shall be sold to the and to the extent set forth in charge against Its general BOARD OF COUNTY COIJ-
Placement Agent pursuent-It this Ordnance,the Indenture, 4:2.Auhodzaton to Execute credit or tetdng powers with MISSIONERS
(d)Pursuant M Section 3.14(6) the terms of the Bond the Bonds and the Loan Docments respect to the Bonds. WELD COUNTY,COLD ADO
el is Weld County Hone Rule Placement Agreement - Agreement and Assignmentof
Charter. the County hereby Loan Agreement; that all The fore of the proposed 4.4.Further Authority W.H.Webster,Chairmen
tithes that en emergency The Bonds sit be numbered action on its part for the indenture, the Loan
fads because the allocation consecutively from 'R-1' Issuance of the Bonds and for Agreement,the Assignment of The Chairman of the Board of Dale K.Hall,Pro-Tem
e ppsabte to the Bonds will upward end shall be Issued in the execution and delivery Loan Agreement, the Bond Commissioners, the County
tike December 23. 1994, minimum denominations of thereof has been duly and Placement Agreement and the Clerk to the Board end other George E.Baxter
and to County dares to act $100,000, or any larger efectivey taken;and that the Remarketing Agreement are proper County officials, ere
now to secure a favorable denomination constituting an Bonds are and will be a valid hereby approved in sudetan- hereby authorized to execute Constance L.Nathan
inlet rate, integral multiple of $5,000. and enforceable obligation of tally the form presented to the and deliver for and on behalf of
Interest on the Bonds shag be the County according to the Board; end the Chairmen of the County any and al add- Barbaa J.Kbdneyer
1.4. Authorization and payable as set forth In Section terms thereof. the Board of Commissioners tonal certificates, documents
Radiation of Project Facilities 2.03 of the Indenture. Each and the County Clerk to the and other papers and to per- ATTEST:Weld County Clerk to
Bond shall bear interest until 3.3.Nature of Security Board are authorized to form all other acts they may the Board
The County hereby authorizes the principal sum thereof has endorse the Company Note deem necessary or approprl-
tw Company o provide for the been paid;provided,however, Notwithstanding anything con- and execute the Loan ate in order to Implement and BY:Deputy Clerk to to Bond
acldeitlon, construction and that if Bonds have been caned tained in the Bonds, the Agreement,the Indenture and rainy out the maters herein
kesletion of the Project for redemption and finds are Indenture, the Loan the Assignment of Loan authofded. If necessary,the APPROVED AS TO FORM:
Fealities by such mean as available for the payment on Agreement, the Bond Agreement in the name of and Board may provide addaonal County Attorney
shall be available to the the redemption date thereof in Placement Agreement, the on behalf of the County and details,not inconsistent here-
Company and in the manner full accordance with the tern. Remarketing Agreement, the such other documents as with, by Supplemental Published:November 3,1504,
determined by the Company. of this Ordinance and the Letter of Credit or any other Bond Counsel and the County Resolution, in the Wildest Beeson
Indenture, the Bonds shall document referred to in this Attorney considers appropriate - —
1.5.Election by Issuer then cease to bear Merest. Ordinance,the Bonds and the in connection with the 4.5.Repealer Reel and Apassst:
interest thereon shall never issuance of the Bonds,ndud- Nev tier 7,1804
The County hereby sleds,will 'The lent elitism Warsst comfits**to debt,indebted- ing en RS Fees 00th. The M°rearess or parts thereof
rasped N be Sends, o be as awe bk araseat in Si noes or middle teal year Chairman or Me Board of In ceddl WM Pee Ordinance Published: November 10,
wan Ms s1Mlon imposed rid rsas end Mal rmrlle se teat or Mired debt or other CmnWelarrs le sutimrded ere Iwo*repealed. 19114.1n the Windsor Beacon
by the portions of Section December 1.BIt financial obligation of the to enema the Send
- - E9eWe:November7,lied
IAb6sl vii Ma Modem
Base. en Naearrller 1,
net
•
941099
•
NMI
IN DIE
amNATTER A AFFIDAVIT OF PUBLICATION
ON
COCE MO
SALE OF �WWSTY OF�EIAL
LD,,
LOPMENT REVENUE STATE OF COLORADO
, SERIES aE
SS
ON INTERIM
C7)INTNE PRMC4 COUNTY OF WELD
I, ROGER A. LIPKER of said County of Weld, being duly
sworn,say that I am publisher of
tori `r es AM aN ewNMum
A lead,sus bYdifthall~MNM t '�wt WINDSOR BEACON
COUNTY, COL- Association (the Tiank7, par-Bank Malt ImMalli tl�Wydng Pears.
LNTANDOOVATRON
AUTHORISING TTHE sued to a Reimbursement ((b)Puauanttesedoa113ma a weekly newspaper having a general circulation in said
TRUST INDENTURE Agreement to 19994 Mmenttene desrminu: the c"'"a'^"'°t' County and State, published in the town of WINDSOR, in
O�UNTY TO�� Company and the Bank
AS TRUSTEE; W) A Bead Panamint 0)Thethehe amount m each year b said County and State; and that the notice, of which the
a THE EXEco- teadabdtevss .gannteRMtlBahcteabl, aannexed is a true copy, has been published in said weekly
DELIVERY OF A delivery (the 'Bond Placement at the mex"wn Interest hey for successive weeks, that the notice was
VAEBaAan meMnne ,among Nation°st .ndTble xi°"aetrelmw ture s ns al as published in the regular and ere issue of every number ofNAL, INC. AND Aewpation, Minneapolis, Mows
TOTME TRUSMENT TEE THE 'Placement Ages sties the paper during the period and time of publication, and in
EREST R4 THE LOAN and me Agent", the Veer
ANDAIWLATED Company. Napo
the newspaper proper and not in a supplement, and that
NOTE; AND (v) A Remarketing Agreement aw ber l) the first publication of said notice was in said paper bearing
THE PREPARA- dated December 1904,, snap at 15% the date of th
AND EXECUTION OF the Placement Agent, the Toy Amount In atom Yes 8�,, '
RADR EN 8U. ConCtly and m.caehy. / day of /1,�0-✓2�„1 A.D., 19 62/r- and the
WHEREAS, me 1e99
EI�AS.the Berms CC .has lows t at 15%0 90000x0 last publication bearing the date of the
County f requested time
th the County Wert, Total
o1556 Each Year
CelaNwbaem of me Cony a N this time the Canny of Weld, Toyamaxa n Each Yam day of A.D., 19 and that
wt Stay of Colorado pr- C�ado,'adwbn]Dwv'10pnNnt $1,20•000 the said WINDSOR BEACON has been published
Colorado statute and the Revenue Bonds, Series 1999
rM�1".�m"wmHomeR�ulWehop"yyr a (Th.Dovvaroml•hi theamount 1908Princ continuously and uninterruptedly for the period a; 5
aBa1rymg the edlaks of Weld of 15.000 by Interests'15% -.-cecutive weeks, in said County and State, p•ior to the
Cnslft Colorado,and Otdam,wore the form and Toad Amount in Each Year
=A8 authorize the examtlon al m. 1245,000 date cf first publication of said notice, and the .?Roe is a
Phi 'County')� Is Indenture.Assignment,n Loan the Bond 1997 newspaper .
r.g
aaastbedby Part 1 of ide3of Placement element and the Principal Dec.1st 380000 notices and advertisements,derng of an Act to approved dte May 8,
Tie 29, Colorado Revised RemarkesngAgreement. Imerestat15%591,000 of legal and ,8,
iNari as amended(the'Ad), ToWAnamtn Each Year 1931, and all prior w lean.revenue bonds for the NOW, THEREFORE, BE IT 1291,000 p r acts so far as in force.
pPwMsa��artlass of Athe the County,
prelate to ORDAINED,,State
Mme Board of *//
MIWa hi t business earthen hn Conmssioners of the County of 1999
00
Ceements enter Weld,slate of Colorado that Poncytl 360,000
ya for thp agreements sum interest n EachYe
aBw9,a the pupae of Toy AmawH in Each Year
L.^
lio Sends to pay such bonds • ARTICLE I 1,197,000
atith toner,to secure the pay-
amid J A".18 ISHER
such bonds,and DERVMONS,LEGAL AMC. 1989
RQATION, Prkmbal Dec.1st 420,000
WHEREAS, pursuant to a ELECTION,APPROVALS AND Interest at15%774,000 Su cribed and sworn to before me this�C day of
2 199 duly adopted on July FINDINGS Total
n Each Year 8 Tate-t. 19 l/�
27, 1894 (the tyInducement
RaeNntlonl,the County MI lake 1.1.Definitions
Y necessary end advisable 2000
alma to issue such bonds in The terms used herein, unless Pnalceal Dec.1st 420,000 JA , „® m1'1n
a/aatanawith the provisions of the context hereof shall require Interest at l5%711,000 `�h—ail
ISM lane of 5nenc- Meade,shad have the same Toy Aram in Each Year
M certainmmWa acwrny facili- meanings when used wren a 1,131,000 NOTARY PUBLIC
999 M'Project Fad m be assigned to them in the Indentr.
eased t DO Iron unless the context or use thereof 2001 ,0i' /�1,
aNarrdationn 1, Inc.,, a apea
Delaware indicates another or different PMogl Dec.1st 420,000 My commission expires "`-'i'
•YB 1t0n(the wthn Me CWacnd meaning or intent. Interest at 15%848,000
std 1.2.
12.Legal Authotsaton 1088000Total m n Each Year
WHEREAS,the farthing docu- The Cony Is a notified subdivn 2002
me have been aWMad to lion of the Slate of Colorado and Pdncmel Dec.1st 480,000
E under 15%576,000
(the load)and sled finance the Protect Facilities and Toy Amount In Each Year •
PI office of the County Clerk to to lesue and sa the Beds for the 1,038,000
Os eoard(tls'Cterie)end axe purpose,hi the manner as upon
there available for public^spec- me toe and condtons set forth 2003
we in the Act and in this Ordinance. Princpl Dec.1st 480,000
Ingest at 15%504,000
'9 ATrust Indenture,to be dated 1,3.Findings Toy Nnomt In Each Year
Daamber 1, 1994 (the 982000
'Mnture1,from the County to The Board,based on the repro-
American Bank National set:dam of the Company,Conpany,has 2004
Association, as trustee (the heretofore determined ands Natal Dec.1st 480,000
Trustee,. and does hereby determine and interest at 15%432,000
(10 A Loan Agreement(the loan Find as Soya: 91 Tobd Amount n Each Year
Agreement') to be dated (e)The Bonds and the merest
Decanter 1,1994,between the accmhgmeraon shall never oak 2005
County and Company,including a sate the debt or Indebtedness Prnclpal Dec.1st 540,000
lam of Company's Note to the 01 the County wan the meaning Interested 15%351,000
County end an Assignment of of any provfcon or limitation a Toy Amount in Each Year
Loan Agreement deo dated the constitution o statutes el It MIN,gW
Decanter 1,1994,bet Wen me Stab of Colo*.ands e-Rat
pae.9rarraara r the Nat Os der i�E19�yaI
10.000
rA atOuflalle lid Ills or W We Ytt MO r es s"l"1aOec.,%270.0
alfamiNa paw* Own al9'9°a a1 to Cent 0auil le fade Yaw
Warn
941099
PrOmbei Dew WM* Ohs cods of Ithe 287 _wL�� -
1WMi1IIMM Y 'e BBlisaYM NONNIENS-#w w:' wRalY�ild ere nabs wY4Me as OM end Ors Cam*gels a Mal iemrrt nMBro
the NNW wan mead Ma dRea�M
]fell IIIBIY YNprebd end Mimi NANO, masse the 1pnn AAgeism%mps%Nat to Merged.h pad.n event satisfied this exceed 1, 1994,0, Bse
MI by MerCompany end used by the issue M Bon%sbdge the rev- Indenture end the Assignment of 0rdnance Iskm ed an sed w
MI Dec 1st 800,000 Comm**IInn the
im .uMe�een of ease and assign the Loan Loan Agreement in the name of or changed hi manner,writ- a said meena,a Ns Pik al Der
Agreement end endorse the end on d the and en nuke of same shad M Wen and correct of wile a«t
rAm t 15N Each Year
prolate. Company Nob in the murmurs sixth other documents are B«id by tie Camay to the Trustee. Iasi hi full In IN
se1Aa0 and to the extent sad Mh In this Counsel end the Caferpcecd Ia
AR110.E I Ordnance, the Indenture, the outsidersthe Bar. I huts easy hat
THE BONDS Bonds old M Loan tla with a m 1.7. This Ordnance shah lake the agNtl E B
Agreementof the Mee i mwdasa upon its intro Ordmwee flu 192 h«bwtw
MN*Dec.1st 875.000 2.1.Sumba ndSW o(8 MN
and Assignment Loan Bonds. C an IRS Form *ion end passage. authenticated the MBbe a115%83.000 Apumnt that M actin n b Bo38. The Chairman of the Mamba
TS daunt in Each Year interest Raker pat iortheMwwedMBode Board al County Commissioners SE FURTHER 4 any section,
by MC Board of
Weld,and el
�'� The County awl Issue Its en, forewomen*,
eof has eonbeen and dely- Ynthori«b execute the Bond the Board ML Nary section, as Clerk Y the Board of weed
W On % t.oen Apeemsnr h,sstls Development Revenue Mssexey taken: and that the ofpt the Cot tyre amend on band *section,haos. sentence, Wed and de sealed M Cantle IXthe tin MCYr dlin Carina IX m«' aux,red a
paadee that M Company abetl BDOVatron ondi, Se die 1see Rte eadcabepbilbrvada one MkInduf%Ca authorzed t ordecided to bad tu tht rCadetai adalre d
maaN In the Frolic' FacilitiProdM es to l d daYnd enforceable acc d%obligation of the the Indenture are authorized Bon to M decision'
do Men s t eee %coed y e akW r the eal sec'rery ad pops Insurance Im mo, to aaade to the tams I execute end o the
the Bonds. wade of the reel not affect the % my
wit Helped thereto.no deism4 _ b Demmere,Ise n a In M event of M absence or width d the remaining portions
Cony leap n olrq.
Wm of the eeanAO cadet al amount not • exceed 38 Nature of disable*of the CMamn d the find The Board d Canty IN WITNESS WHEREOF,I M«
tmagna%Pr t Feolpb¢ purpose, In Seaely Board of County Commissioners Nit iawre hereby declares hereunto set my hand and M
915,000 for the or the Clerk to the Board,such that b would have enacted this seal of the County of Web,wad
l Pb9BOI Section 120 dM Inform and uponds toms set Noeathaendng anything con- officers of County a,in% Ordnance in each and eye sec- of Colorado, this 7th dig d I w Cony hereby dad«- lath In the Bonds and the tamed in Bonds, the opinfon of the County y
Indenture. The Bake shad be Indenture,the Loanf, tin..subsection,and prepeh,fiord November,1994.
lieN thtl%menu«aN etjalb redemption s sad forth the Bond Placement Agreement may eder aa0enah,dad f respective pfact aany
CYpenywEbwtiHentbeed N%Indenture.The Bonds Ball %Remarket ApenOiaiB' out further actof Canty or irrespective sections,
that any Donald al Warden,CCleaaae r1 w Laden Agreement pro- be sold to the PYmhrq Lahr of Cradlg sly other
M the Board of County one a more phs, sentences,, suthssc Board d County
of C Weld,SN f vlw the the Company sal, Agentany o%r do c- C acute bnew do all things and dons. paragraphs, of the Corny SMB al Iq it wee wldci may b tie risotto the terms of the Band ument referred to in this execute ell instruments and deb clauses, or phrases might be Colorado
W Wg wlh respect to the IcamedApeement Colima, %Bnds ale the umnts required to be done or dickered to be unconstitutional
rued thereon Pm*Fables. The Burka shad b numbered dilute M debt iniMbteness or arleall never am- d1Btld oiicerssne absent a de WahlCERTR5ED RECORD
ea pastime to cocoon 3-14(8) consecutively from 1I-11tpwerd multiple kcal year direct or ins- BE IT FURTHER ORDAINED by of
ae�w Weld County Home Rule end shell be Issued n*mum red debt or other financial MIN- 42.Authority to Correct n Errors, the Board that emergency proceedings of
CreM mecounty herebyeetar- denominations $lO0 co ns of , or tan of the County within the et. exists;therefore,this Ordnance THE BOARD OF COUMY
Was that an emergency skate lager denwYMn ous1F menap d any provision or 1mi-
be0naauadaatipnapppceae Nag an integral male of tatlon of the constitution 0r The Chairman of the Board of Ordnance to
the be an Emerge"g COMMISSIONERS
b w Bade wit axpre $5•000. Interest a the Bads statutes d the Slats of Colorado County Commissioners nd% of Mole III,Section 13-/(8 d OF THE COUNTY OF WELD,
l eoeWer 23, 1994, and the shelf be as set fore n and awl not a«nde nor pWe Clerk are hereby authorized and the Weld Con
Gray darts red nay to Section 03 of the venture. rlse to a pecuniary Silly at the directed to make a epee b Charter. N Home Rule COLORADO
D
saw a Ievae0k tYree ob. Each Bond shell tar Mlerest County a a charge against s alterations,con or additions
COLORADO
until%principalaunt thereof has general credit orating powers; In the instruments ugB6 hereby The above and foregoing misting to
t A.Aathalzada and RatllcetlOn pail; provided, however, and the County,its agents a& approved as the County Atbney Ordnance Number 182 was,on
of*ea Faatitia that I Bands funds
are
ed foravail- an and employees Thal nor be deems necessary or proper to motion nay made and seconded, EMERGENCY ORDNANCE
redemptionsubject to any personal or pecu- accomplish the purposes of this adopted by the following vote on
TM County hereby notaas able the payment on the nary liability thereon. Ordnance,%signatures of the the 7threpNQ 7Q
em compere a hereby
au tar the redemption data hereof n full Chairman ode Bard of County 1994. of NwemOer.AD..
Catpn, ConMuction end acCadena wine*nu a this ARTICLE W Commissioners and the Clerk o euNrerMnE MIe«rhgM
MWion a M Prgqad -Or and the Indenture,the MISCELLANEOUS the ksWmris to be conclusive BOARD OF COUNTY COMMIS- COUNTY OF IMO,STATE OF
Fad*by such means as-hall fbndehad% b OS Cease hems evidence of such appovet pao SIGNERS
be ev8bde to the Company and InMM• 4.1.Severebity olderhowever, no alteration, WELD COUNTY,COLORADO CDLDRA0O.
M the manner determined q the
The Bonds interest n tionchange or shall bear as If any podtln of othis Ordnance, which shad nth e1metextaemn W H.Websy.Cnnntn INDUSTRIAL DEVELOPMENT
more hub described the except Sec 32 hereof,shall net Blears interest net dense- Dale K.Hell,Pro-Ten RENIIE BONDS 1.5.Election q Issuer - Indenture and shall mature n be hahladir«tlrob,aaM, Motion, date, mserl«,tan, GGeedpgpe E.Bally SERIES 184
December 1,2009. In fact be,Moan*Or awn- interest rates, registration did- 4 ram r Herbert
TheTM Gunryry eeeer�eeWby elects'with forceable a weed n any polo- lees, manner of execution, Barbra J.
Cou the eredy•a ct w:Nn -The madman net effecters Wen sale case n any judedclaat or in places of payment or tams of rdeeByef 17NE DOVATRON
MC.
M btbtinmpabE by%pre eat
rate authorized for ad Cues because 8 conflicts wit prepayment of the Bonds or ATTEST:Wahl County Clerk b PROJECT)
Mtleb of Sedan 144 TWA 1A1 11Cen(8%)per dam; any provisions of any wwbMn Which shall increase the aggro- %Bard
of to rams Revenue d tlha such Moue.rate or tlaantB or M or pbpc,,y,., puke d tlw IN THE PRINCIPAL AMOUNT
of N,s amended Ma'Code,
mrybretead but norHsaw IXMrry oft raison,ash or- Baps authorizedthe Coney pap
of l5 percent(15% y by uF APPTWVEDCIeS theTO Board OF NA78AB0
es M County clerk r the ) annum a rener%p the ham
Board any deed or eam AS TO FORM:
---
mew Y hereby deeded to keep as more iTh deearM in the effect a year end *at
ode elseden in the own are of Indenture.The the Bo Mcaell M Orion inoperathe*roam
or won-cob die or other Mendel eblladoa Qumfished y EF 181eta8 Meess la r 811888.
wide of the pr a a b es
Men%Bade shell lames.n rryalwra«air- of the aaKy a give the to a Published
8. '
Bard, and nay and all ants be s provided n the Indenture amenv:s,a of any areal YeONy a s Carry November 3, 1N1, M M
hwbbre taw; parnnag to but not N ram d such mad other provision or pwYYas areal*dwp*last b peseta MMus Briton
ssde Setnend rekeig Mauch mum. herein cotained Mu Modena d,Mode credit or taxing powers with Reed sadMyra%Q
reyehenene are he *ad the or Unenforceable to any raped to the Bends. November H�7,1994
NIc alned. ARTICLE■ aderd whatever.The lmtladtya
GENERAL COVENANTS any one or more poses.srk 4A.Further Audio y Nosete 10, 184, in the
1.8.Apraal Pursuant to Sectionbare,dunes or paragraphs in
147W of M Code IaihlbratPayment of Pao rig 32 her
thee, accept The Chtlman d the Bap a Windsor Beacon
Fa of campying with remaining portions of this to tlheeof,shall not Med the ty Board and other r the Clark ENWe:
Sot 147(f)a the Code,the The prMyel and WING ale Ordnance or any part hereof. In County officiate, ere hereby
MeNeeaMr].1984
Mae Me seism mead payable ssMy from and seared %cent Sedon 32 hereof Y *abed to execute and debar STATE OF COLORADO 000N-
e pleb rime,with rend b by revenues and proceeds held to be eloper.%a omen- for and an behalf a the County 7Y OF WELD
me Ppxt pa mk-Mw derived from the Road Facllee forceable for any reason, no any end all additional certificates,
a pawde remote*non and payable onset lo the other provision or section of this documents and other
•
a e..-swig wN pdMwd IMnlure,the Laden Ageement Ordnance shall be papers may I. of C.Warden,Co miss w
% o%cman demfnecadMwr cobtlptwriyosn Bit of County tail, Nibel
a leer 14 ties prior tlroeb,M rof Credit
alloe,rigM manner so armuse any dee implement end
any It CM County al pay c,*dd
purya�� of appt me de d crest this noting n Inds**«Mb eceast% user to mpher* cop any out the
beg do fpnM cat:
Yeoes d% Bts pin % M Sandi or in this adding.
Canryabase yer*seta the matters the
B authorized. If M foregoing pages nueiet
mossmom= ppew padNlpel phadbpwhd otherwise
aanmber- idimultipleebtor you*seta necessary,aleortl may pro- ate 8«ughdclrMbaaNr�,es►
den a 1 ids es w 0 a encumber- dedgadt din a other financial vide addtinal erewi Miaow, Mneb«B11e corral Men SY lined
use M%provide b leers Mg any current County.
funds or aNpatiOn of the County. Supple herewith, M m
assets of the CwMy. 42. Authorization to Execute Supplemental Resolution. of art'
32.CeveaPMnace a rpAmhot Documents 4.5.Repealer of at
b re.rsprisr sse1�
for M NM Pea
est
The forms of the proposed All Qenances or pans thereof hi •c'5 to*Sr
The County covenants tha t w1 Indenture,%Loan Agreement comic)with this Ordinance w fin
YAMuly perform at all tees any % Assignment of Loan hereby repealed nh88B0ryg. the tluroel, d
and sal coven*,undertakings, Agreement,%Bond Pbment Nwrad r.1994, se eY
ons and � „l,• 41. Ordnance Irrepeadw; MOW
M tide Loon P .-r M0. Y In0enen,M Las ABanbla, Iii
to Bonds albs"pssss� ed Y w .."` w Mde w Lghel Ma Ytylal ebM
d w ISM e brE iei; llheaen elite IN be as estate Manse MM wM Of
•
941099
Pdnn 8038 r~formation Return for Tax-Exe t
pert March 1993) Private Activity Bond Issues OMB No.1545.0720
O eparaneat of me Treae ty (Under InternalRgpenuaiode section 149(e))
Inn Revenue t!'we Moms '. -*Gbiratelldatrlrctlons.
Part I Reporting Authority If Amended Return,check here ►O
1 Itlatrars Marro - r •t _2 '. 1 II: e,6 2 Issuer's employer identification number
WELD COUNTY, COLORADO 84 ;6000813
3 Numbs(and street(or P.O.box if mail Is not delivered to street adr $s)1.';c Roomrsube 4 Report number
915 10TH STREET -`I -: N/A DA19 94 - 1
5 City or town,state,and ZIP code 6 Date of Issue
GREELEY, COLORADO 80631 DECEMBER 8, 1994
7 Name of Issue COUNTY OF WELD, COLORADO INDUSTRIAL DEVELOPMENT s CUSIP number
REVENUE BONDS (THE DOVATRON INTERNATIONAL, INC. PROJECT) , 949223BEO
SERIES 1994
Part II Type of Issue (check applicable box(es) and enter the issue price for each) Issue Price
9 Exempt facility bond: rOtt. .
a 0 Airport (sections 142(a)(1) and 142(c)) 9a
b 0 Docks and wharves (sections 142(a)(2) and 142(c)) • ` O /'� 9b
c 0 Mass commuting facilities (sections 142(a)(3) and 142(c)).^9,,,,t, �� ",e Y 9c
d O Water furnishing facilities (sections 142(a)(4) and 142(e) •:,.,, ,�� 9d
e O Sewage facilities (section 142(a)(5)) t�J�A� ' tr.,, 9e
f O Solid waste disposal facilities (section 142(2)(6)). . . . "Witte 0
g O Qualified residential rental projects (sections 142(a)(7) and 142(d)), as fr,11 9g
Meeting 20-50 test (section 142(d)(1)(A)) ■ YON/ V
Meeting 40-60 test (sect on 142(d)(1)(B)) O Y �
Meeting 25-60 test (NYC only) (section 142(d)(6)) O
Has an election been made for deep rent skewing (section 142(d)(4)(8))? ❑Yes O No
h O Facilities for the local furnishing of electric energy or gas (sections 142(a)(8) and 142(1)) , , 9h
I O Local district heating or cooling facilities (sections 142(a)(9) and 142(g)) 91
1 0 Qualified hazardous waste facilities (sections 142(a)(10) and 142(h)) 91
k O High-speed intercity rail facilities (sections 142(a)(11), 142(c), and 1420)) 9k
Check box if the owner elected not to claim depreciation or any tax credit(see instructions) ► O A
1 0 Environmental enhancements of hydroelectric generating facilities (sections 142(a)(12) and
142(j)) IDS S 91
m O Facilities allowed under a transitional rule�y ft5fi „ ppe{6rrq Act of 1986 (see instructions) 9m
Facility type 01._;x 3' t LJ % %
1986 Act section pp ,�t p9 na�
10 0 Qualified mortgage bond (section 143(a))C(ie2nitrtaLtltft 10
If you elect to rebate arbitrage profits to the United States, check box ► ❑
11 0 Qualified veterans' mortgage bond (sect) 143 i 11
If you elect to rebate arbitrage profits to is l Sn. I,ta check box O
12 Qualified small issue bond (section 144(a)) (s�tz?aions) 12 6,915,000
For$10 million small issue exemption, check box f , ► rn
13 .❑ Qualified student loan bond (section 144(b)) 13
14 ❑ Qualified redevelopment bond (section 144(c)) 14
15 0 Qualified hospital bond (section 145(c)) (attach schedule-see instructions) 15
16 0 Qualified 501(c)(3)bond other than a qualified hospital bond(attach schedule-see instructions) 16
17 Nongovernmental output property bond (treated as private activity bond) (section 141(d)). 17
18 Other. Describe (see instructions) Is 18
Part III Description of Bonds
(a) (b) (c) (d) a) (n (9)
Maturity date interest rata Issue price Stated redemption Weighted average Yield Net
price at maturity maturity Interest cost
19 Final maturity. 12-01-09 VR % $ 175,000 $ 175,000_ zOa/ r00//O/O�
20 Entire Issue . . l/%�%/%///%// %////�//A$ 6,915,000 $ 6,915,000 8.561a years VR% VR eta
Par Paperwork Reduction Act Notice, see page 1 of the Instructions. Cat. No.49973K Form 8038 (Rev.3-93)
5!1993 3,425
OG'Yl
Form 8038(Rev. 3-93) Page 2
Part IV Uses of Original Procee of Issue (including underwriters' discout. , Amount
21 Proceeds used for accrued interest • 21 0
22 Issue price of entire Issue (enter amount from line 20, column (c)) 22 6 915 000
23 Proceeds used for bond Issuance costs(including underwriters' discount) 23 138,000 j
24 Proceeds used for credit enhancement 24
25 Proceeds allocated to reasonably required reserve or replacement fund 25 /
28 Proceeds used to refund prior Issues (complete Part VI) 26
27 Total (add lines 23 through 26) 27 138,000
28 Nonrefunding proceeds of the issue (subtract Tine 27 from line 22 and enter amount here). , 28 6,777,000
Part V Description of Property Financed by Nonrefunding Proceeds
(Do not complete for qualified student loan bonds, qualified mortgage bonds, or qualified veterans'mortgage bonds.)
29 type of Property Financed by Nonrefunding Proceeds: Amount •
a Land 29a 398,700
b Buildings and structures 29b 3,017,000
c Equipment with recovery period of more than 5 years 29c
d Equipment with recovery period of 5 years or less • 29d 3,361,300
s Other(describe) 29e
30 Standard industrial classification (SIC) of the projects financed by nonrefunding proceeds.
I SIC Code I Amount of nonrefunding proceeds SIC Code Amount of nonrefunding proceeds
a 3691 $ 6,915,000 c $
b $ d $ .
Part VI Description of Refunded Bonds (Complete this part only for refunding bonds.)
31 Enter the remaining weighted average maturity of the bonds to be refunded ► years
32 Enter the last date on which the refunded bonds will be called Ili-
33 Enter the date(s) the refunded bonds were issued ►
Part VII Miscellaneous
34 Name of governmental unit(s) approving Issue (see instructions) ► COUNTY OF WELD, COLORADO BY ITS
COUNTY COMMISSIONERS ON NOVEMBER 7, 1994
35 Enter the amount of the bonds designated by the issuer under section 265(b)(3)(B)()(III) , ► 0
36 If you have elected to pay a penalty in lieu of rebate, check box ► O
Part VIII Volume Cap Amount
37 Amount of volume cap allocated to the issuer. Attach copy of state certification 37 6,915,000
38 Amount of issue subject to the unified state volume cap 38 6,915,000
39 Amount of issue not subject to the unified state volume cap or other volume limitations:
a Of bonds for governmentally owned solid waste facilities, airports, docks, wharves, environmental
enhancements of hydroelectric generating facilities, or high-speed intercity rail facilities. 39a
b Under a carryforward election. Attach a copy of Form 8328 to this return 39b
c Under transitional rules of the Tax Reform Act of 1986 39c
Enter the Act section of the applicable transitional rule ► cg „%�/'A
d Under the exception for current refunding (section 1313(a) of the Tax Reform Act of 1986), . 39d
40 Amount of issue of qualified 501(c)(3) bonds:
a Qualified hospital bonds 40a
b Qualified nonhospital bonds 40b
c Outstanding tax-exempt nonhospital bonds 40c
41a Amount of issue of qualified veterans' mortgage bonds 41a
b Enter the state limit on qualified veterans' mortgage bonds 41b
Under penalties of perjury,I declare that I have examined this return,and accompanying schedules and statements,and to the best of my knowledge
and belief,they a true,correct,39d completer
Please .1 - // -4 ..
Sign Signature of officer r / /T ' /
Date
Here
W. H. WEBSTER CHAIRMAN, BOARD OF COMMISSIONERS
Name of above officer(type or print) Tete of officer(type or print)
3,426 5/19/93
HEARING CERTIFICATION
DOCKET#94-76
RE: AUTHORIZING THE ISSUANCE AND SALE OF COUNTY OF WELD, COLORADO,
INDUSTRIAL REVENUE BONDS, SERIES 1994 (THE DOVATRON
INTERNATIONAL, INC. PROJECT)
A public hearing was conducted on November 7, 1994, at 9:00 a.m., with the following
present:
Commissioner W. H. Webster, Chairman
Commissioner Dale K. Hall, Pro-Tem
Commissioner George E. Baxter
Commissioner Constance L. Harbert
Commissioner Barbara J. Kirkmeyer
Also present:
Acting Clerk to the Board, Carol Harding
County Attorney, Bruce Barker
Director of Finance and Administration, Donald D. Warden
The following business was transacted:
I hereby certify that pursuant to a notice dated October 17, 1994, and duly published
November 3, 1994, in the Windsor Beacon, a public hearing was conducted to consider
Emergency Ordinance No. 182, In the Matter of Authorizing the Issuance and Sale of County
of Weld, Colorado, Industrial Revenue Bonds, Series 1994 (The DOVatron International, Inc.
Project). Bruce Barker, County Attorney, made this a matter of record. Don Warden,
Director of Finance and Administration, reviewed the history of DOVatron's relocation into
Weld County at the junction of State Highway 119 and 1-25. He informed the Board this is
the official bond issue necessary for DOVatron to obtain tax-exempt bonds for the project.
Dave Dwyer, representing DOVatron, explained the bonds do not result in any indenture or
liability to Weld County. He also explained the reasons this should be handled as an
emergency are: 1) the State-allocated cap for this issue expires on December 23, 1994, and
the normal ordinance schedule will not fit within that timeframe; 2) interest rates are presently
rising and it is important to complete this issue while the rates are low; and 3) the building
is already up, the project is 50 percent completed and completion of this bond issue will allow
DOVatron to use the bond issue to pay the project costs instead of the company. Mary Lou
Schwaab, Comptroller for DOVatron, stated the project is 50 percent completed and noted
the company will begin moving on December 22, 1994, with the move scheduled for
completion on December28, 1994. Mr. Barker stated the ordinance was published in full on
November 3, 1994, and noted there were a few minor changes which will be incorporated
into the Ordinance while it is read. He proceeded to read the text of Ordinance No. 182 into
the record. There was no public testimony offered concerning this matter. Commissioner
Hall moved to approve Ordinance No. 182 on an emergency basis. The motion was
seconded by Commissioner Kirkmeyer. Mr. Dwyer noted that paragraph (iii) on the first page
should read, "A Letter of Credit, to be dated the date of issuance, presently expected to be
December 8, 1994," and that the Letter of Credit will be issued by Norwest Bank Minnesota
instead of Colorado. Commissioners Hall and Kirkmeyer agreed to amend the motion to
include said changes. The motion then carried unanimously.
941099
ORD182
RE: EMERGENCY ORDINANCE NO. 182
PAGE 2
This Certification was approved on the 9th day of November, 1994.
Ail
APPROVED:
ATTEST: /�'/�GG� BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board / ,0 o 7
By: <7 y Li YUkQ W. H. Webster, C airm n
Deputy aerk to the Board
Dale K. Hall, Pro-Te
TAPE #94-42 ci
Georg . Baxter
DOCKET #94-76
Constance L. Harbert
ORD182
/ Barbara J. Kirkmeyer
941099
ORD182
Hello