HomeMy WebLinkAbout971012.tiffSTATE OF COLORADO j
)s.s.
COUNTY OF WELD )
Ruth Pelton-Roby, as manager of
.Pelton Publishing Company LLC, being
duly sworn, states that it is
publisher of the South Weld Sun, a weekly
newspaper published in Keenesburg in
said County and State; that said
newspaper has a general circulation
in said County and has been -__
continuously and uninterruptedly
published therein, during a period
of at least fifty-two consecutive
weeks prior to the first publication
of the annexed notice; that said
newspaper is a newspaper within the
meaning of the act of the General
Assembly of the State of Colorado,
entitled "An Act to regulate the
printing of legal notices and
advertisements," and amendments
thereto; that the notice of which
the annexed is a printed copy taken
from said newspaper, was published
in said newspaper, and in the
regular and entire issue of every
number thereof, once a week for
successive weeks; that said
notice was so published in said
newspaper proper and not in any
supplement thereof, and that the
first publication of said notice
as aforesaid, was on the/ day
of -r"r-- , :1997 , and the last
on the' j- day of mow,_ , 1997
'j
PELTOI3.,PUBI, $H tNQ COMPANY LLC
BY: f/ /i
Ruth Pelton-Roby, Manager
Subscribed and sworn to before
me this £i day of il()ihc,a? , 1997.
as
a1? f intr'. jrrr w ,r,,,,. q 00.6t-.iP e.3,
Notary Public
Pamela F. Baumgartner59.45 `' x. ? CY
Keener -rg, CO 80643
971012
January 16, 1997
ORDINANCE NO. 1!g
N THE NATTER OF THE ISSUANCE OF CERTAN ORES
107 CENTW CATa OF PMTICPA1I N E M
ASaSATE PRINCIPAL OFS/AN,NS1gMISROEACOUINTIONTM
rmsoer
DgOPNs OfOf A CORRECTIONAL FANNY TO
COUNTY; TIN AUTHORIZATION AND APPROVAL OF A
LEASE PURCHASE AMYMNT, A IKONS AM
INDENTURE OF TRUST, A CERTIFICATE PURCHASE
ANRYMNT, A FINANCIAL GUARANTY ASMNENT
AND AN OFFICIAL ; AND THE
AUTNORRATICN AE) APPROVAL OF O ER RELATED
AWITS AND ACTIONS IN CONNECT= WITH THE
==CAI=OF SUCH SERIES 107 CIIIMMATIS OF
PARTICWATION
DE IT ORDAINED EY THE DOMD OF COUNTY
COW /p W NENS OF TIE COUNTY OF WILD, STATE OF
COLORADO;
WHEREAS, the sad d Caaoy Camiala,r,
of the Cary at Wald State at Cdatlo. pawn to
Colorado dorr and P. Weld County Hans Ride Chador. a
ward with re amaay at aAnaawbq the Maio of Wald
Cary. Coma& and
WHEREAS, the sad a Carycmaraas
has previously authored and /reed the melon of the
Well Cary Fiona Copaaan M• 'CapmaEa'), a
nearer corporation and an Mnmtmrsy dre Crory for
amainCorporation
C P sat p0 rough TiJa1,
Cosa® Rewind Stature rough Yd a TEa 7.
(the and
WHEREAS, Arrant* the ChrendSegen
9011.101.1 of the Colorado RSad Stalled, as tended
(the 'At), the Cary a amlmae to enter It arm more
S— rahaes ograintenta 1m ammamr, law or direr
eaunry bulking.; and
W NEREAS, don Bard of Cary Comdaonra
has dmnbrd, as baahy dmmys, there Corey a In
nee near, adtdmW eedeededW trae(Va'Conaprnal
Pardee•); and
WHEREAS, to lariats dr aapslbn,
an uaulon, Imparanad and equipping d dr Catedba
Parke, re Capmaon lord wpdre and ampler the
Creational Fransn pre* hang conainagad by the
Cary. and the Corporation Mond Ire is Cwmdanal
Rabe to the Cagy parer to a Comae Fad=b
Lem PurchaseAgranna. %Maid dJarmy 1,1M(re
RAee'); and
WHEREAS, purser toaorabMortgage and
near d TNr, deed r of Jan ary1, 1207 (t.
'btndre'), brawn the Capialan and T1r Sark at
Cary Crew, N.A., a national Conking reeMlor,, a Nair
(aa Ttee'), the Corporation wE rely r lop Tree al
d to Sr, don and threat In, to and aide the Lam
(mep- is dram at the Capmran under Serra 19.03
and 1t.0oldie Lad and wrier alt,. ,a, as ..a
and
WHEREAS, dins WI be hued parer don
Indmnra Corker at Prnaka a in an wage
principal amen of 37,496,000 (the 'Sara sr
cargo SSW* arignmenk a Seas. I, ,1'am ra.Si. attain,arpoe te`reladr
the Lear; and
WHEREAS, the payment at the rare mart
rate n is Edr 1607 Craters Wee Asa wE ha
rand by a municipal bond Insurance pray to M boor
Malmramy nth the dally of the Sea 107
Creeaa by IESA Insurance Corporation; as
WHEREAS, a portion of the rends Ion is
rib al the Truman a drOgaden1007 07 Crib � rid to *badEr.
ot the Cory to acquire, mast,
ear,
Arrow
raraarrrE Inornictichel t� f aIRW WIorapd—
WHEREAS, them has been ptradid to the
Bad of County ConvrSab r. copies at the Ms=
downer or areranr: (a) the Lens, (b) the rt'Saa,
(a) the Soda 1207 CatIt (d) a Cater Pears
AP..,na dated Jrnady _ 1207 She 'Cerra
Punter Ayrrd'), pmmund to with dr Sara 1207
CatrkM.. Mad be said by dr Cooay to Hr6t, bawE,
Inc. (the •Uaawbr•), (a) a Financial OuwryAroma
dated e at Janney 1, 1207 (don •FYraY Guaranty
p.rnaC), baron the Cary as ISa. banns
Corp rasa, and m re faun at an OEad SYMwrd Ohs
'Otdd Seem'), a prM,lmy version oMINA hie been
==Reed to pr_ Ieman In am.rebn el Me
Wring of dr Sarin 107 Ortega ear aIbelmbn a
what M8 be mauled and aabgand a aararr at the
rte of the Bate 1207 Crtoaaa: and
WHEREAS, span the Wars at is U.S
1207 Cardin and the wart at the rbpMa areal
the pear C _s.,,,l Pee== being Ca r amad by re
Coy, the Cary oil man a de and N dab forth*
Cwrsda W Ferro horn **County treCrpdr; as
MEWS, purser oartsin roviebrad
Lea and dr wirers, dr Corporation ate dyer In
ewes oft the Urea a deed and b• of ear /m the
Coreb W Frain ban the Corporation are Dowdy; and
WHEREAS, Cr and at CaryCmraaylgaa
a desirous of aWrada, •pprovt,g as tulip the
mats and daisy of In Lora the MIMS Oarray
Apsrtad as the Cerra* Patin Aprad by the
Sony and the moron and diary Staters, as
Indenture and Me Center Preheat. Agmaws by the
Corporsart, Y In ewrr %r dr tame prewar to the
Coved a Cary Cmdrarra, and a ear dMaa a
authorising and approving the ;nuance of the Orb 1697
Cello= pawed lathe I deer a, rayingrearloran
of its paEeary COW Srwant Mist and
apprehy re dbelolon a M Mal MS Caas ex'
aWarRg as appsrry is tansatorr r elsopaW
maaby, r tor dr papoose ea lath in Oa Oen.
NOW, TEHEFORE, N ORDAE®by IS
Eked a Carry arssawaaft cmadyas Era
or Cobs en:
Nord 1: ,a- -r ar ms'Ae4a M
aaats;waela. ern (not Iamnra. Wt. re wren
aeon Ordnance) by (a) the Bard of Cary Cawaerras
or the Mon oremployees d the Cary, rid re Ord
of Drain athe Capratm (drNardi)ereaara or
erimby sin are Cmprge'. WON rear have bean
dread geed is aspdten, arse, ape nee,
and equipping of the Canfl,J FS orre brag of
is CCIffehe Putt are nary naaat weed IS
andbanA Tir Band of Carty Crmdgyra beery
epelw teem aPpwea an calm the ess by
the Urgent el S* proxy Mika Paresis le
poa,eaMe peers el the Swim 1007 Cerra...
learn 2: Rind* and C.beralaz The
Bad of Cony Condemner herdMlM* ad delennee,
parent lore pallor al train and the *mthat the
S ing d the Crndrd Nana Iron the Carpaepon,
aria the tenets and prSsane a forth n the Lase le
necessary. Wattar n ftheeneeathe governmental
pupa* ate Caaay and is in the beet Mies d the
Me99es d is County an the Bad d Canty
Ca.Nrlwrs hereby rtnr the err el the
Condon Fears untie to ens and wennhs din
Leese
Salon 6: 6-4w d0areyONLame
by sow Cow* The Lear, in e bean*y the Nun
printed to the lord at Carry Cam J 4. _ and wit
wanly the awns careen., linen morn append.
e cran and oadbned, and the Cie orCht Pro•Tre n
to aced of Catty Commissaries le sunward and
Maned to sewer to lase in eubardYy the form is
is. eubereey to errs earn as penn bite lord
d Corry Ommreorr, for and on bad a re Carey,
but with en drys, mo kebs, altar a defter
therein as the Chair aCMF PnoTem alb Baade Orwy
Cohrenslahen is the Cary Moray del deem
neemeny, dent* or oomph" the err unread le
pastoramgbW e wren= a In appal of err ww
art0ee. sdrane widen adarns therein framer
fan an antat a the Law presented.
Swoon 4: 6wnabr red OrMey a Om
Qatitheae Ababa .new by ate Craig: The
Cereacie Prafsa ApwwA, n a*Smey the fete
presented to the Bawd a Can Cat.Nrrra ad writ
*nand* the erne anent,' In t reaper .ppt.aer
authorized and armed, and **Chair war Pm -Tate
the Bad a Cony Cammlarta_ le auroral aid
Mooted to react. the Crease Raise Agee* in
sMarelyteam and with min s.rel.yme memo NSW
as pew J to the add d Canty GmrNrr., r end
a SalateCawy, but wren ragse, m.ik.lL ,
.rhea a deader there a the Cht or Chek Pro -Tea
d the Bad d Carty Cretans, and the County
Niamey .IS deem *away, deer or app prtem the
recce thereof to acre canny *demo d acr
approval a any end all ranges, mataslas, aeons or
deans tesah from the form as cornet d the Caen
Pwme Anne preened.
Seen 6: GateMn run Lame* el r
Aenol✓M+'m'e Aprett'eJMeteaug: The nude
Gui aey Agr.ra, n ntadrly the Nom preen led t
teBmee d CernyCm.Nwrraad wilt ardotkyM
erne natant, It In o rapes ahwwed, authored and
canned. as the ChM or Clue Pro -Tan of the Bard d
County Commissioners is authorized end Seated to arcs y�f.
the Manor G errey Apwnrt a abelmey the loom
and web aeeerdsy the ear wart ea p eoweed le me
✓ eed d Cony Commissioner far and on Shell a re
Canny, Out web ash charges, moMWru, .tats a
barters therein as the Cart a Cllr Pro -Tarn alts Bert
d Camay Commissions and the County Ataney rest -
deem ear eee.y, desirable a appropale, the areas
their le make* aoakeM wren of tee grail d
ry is et rendes, meaaebr, Makes a detr
therein from the loom end cone ate Financier Gunn
Apernerd preened.
Serb l a.ets*rdOdwya5Leave
y She Ceyov*b. The Ban of County Cements
hereby approves the execution and delivery by gun
Caaanon d the Leer, In substantially the for W web
tastily the sane opted es peened to the Baud d
ConyCommhe'we, bid aFt seat. ages, wtbe e,
rear or deuces teen as the President or tee
Peeeara of the Capasion and the Canty Morn net
Nen e.eeseary, decreer or epr.phr, the re
awn Me caress aortta tyres of the sppoa n
erg and t Menges. meagre, addling a tern
drum tan the for as arse of the lease ....St
Baton 7: EAvatta red Die.7 a Me
Smite, ay Se CapaaAn. The Bard at Otis
Caestrpwe herby approves the executor end delay
by the Capwnon a the Imbrium n wWwdoyth uses
and with substantially the isms anent as preened tat
Beard of County Commissioners, but with such Merges,
maeeallons, additions a deletions thee' rte Prurient
or Vs Weeded tithe Capita and the County Mary
shall den rarity, desirable or approver, the execution
thereof to corer concludes urns rather moor of
any and t drgee. .ere ios, sirme a rider
reran loom the teem anme ere L t..,. rd.
Soon a: dwdsa lei Dern el Me
Onetime meal Aperswt by rite Comertsr. The
Board of Cary Comn*rprs hereby apron the
*aeon as deny by the Conran of the Corker
Iran Agreement, In .tsnkly the form and with
subentry the sane content a presented to the lord d
County Cotehssrhers but am such drew.
mariwbr, .tone a deletions therein rte Pnert
or Vice Perkin of the Corporation and the County Almsy
Mr deem nosegay, drier aappapW,teafter
thereof to canes anther arcs a dr eppaa n
any end el Nampa, meierar, &deans a denim
therein from the form and cant elm Cater Peahen
Agreement parted.
Seaton 0: Aee jm at to Me Mara The
Bad d Corny Canesnere hereby rianMeeyee end
won.er* le (y to aetpmwd by the Corporation to i e
Trude*, proud to the indenture, of the That Eder (r
its, term is deed in the Weine) bdudln0, within
Ian0e0on, o right., to and awe d Coronae In, to is
ceder the Lear (with are, exesplas as posed in dr
Lew wd the Irhdenae), is (b) the deyOallen by the
Capadkn to the Tens, outward to tt i cl ale, el el
der end authority of the Corporation under the Lear.
Section 10: Nsaaere a the Seder MP
Cen avaa The 'nuance el the Sere 199 Cora
pursuant to the Indenture, In an aggregate petrel amass
of $7,376,000 le, in atl respects. hereby ..Rre.a by the
Casty. The San 1997 Canna stew be Issued sort'
as toy regimen ceMotee nth *nominations a 66,000
and inbOd muftis thereof. The Sales 1997 Calkers
Met bar tree payers estrir.as»rat February 1 an
August 1 a en yea. commencing Aigss 1. 199. et the
nee an we mere in the amounts end on the dates sat
font in the barest.. The Swim 1997 Cancels* rut be
*gem to redrmgeen prior to their manly, ia*.g
mandatory string an rarnplsn, n to mender, to re
ride is at the Idea a bed In the Marne. re Board
a County Cwmaawsn hereby aurorae end appron
Ike frer, and the titer rime as wrens, el is Seise
INT Caftan entered In to lndereur a erSdrry
the few is eta srdrdy, to lade genesril r ail
preceded r des Seed el Own Ownhelra it.
Crary an r ere Bad and des at et ere Orr n
Carly Cwt'Yr _ of to County are he ertrace
as rend to eflbttheir feosndesjpehiesondrCraty
e at, or a facsimile than to authatiets the lyre 1997
Corkin, Is provided in the lase and the ianure.
Section 11: Sabad.Sao MerCaeer t
The Bawd of County Commenters herby aeodkw,
approve* as direct. M sae of the Settee 1997 Certain
to the Underwriter under the terms and errors of, end for
the pat are forth in, the Cedar Purchase An nab.
Sedan 12: add S*eravt The Chair or
Chair Pm•Tem of the Bard of Cressy Crewe,'
hereby authorized and dinned to Site Ns at her signature to
the ere Offal Steamed, for end on barb d the Cony.
In briny the form end with bar* the same unarm a
the Oral Statement preened to the Bawd of County
Comniwloner% but with such numie, nudliettne.
e aten or delete, therein r the Chet or Chew Pro-Tem
d the Bad d Cady Commsrrs as the Cony
Abney may deem necessary or sppropSe, me extern
rreof to imams c ndusve arena d mar approrl a
en arrge, moderations, additions or defans tee.
beet the lain peened. The estrIb ian by is Underlie
e l in that aka Menem to pcepeave Iretrwa tithe
Sales 1997 Cn kel. S hereby app.ved.
Section 10: Amaaerbyee Campanella
ere 6rd es Caw Actions in Flldrance a the
Cestrp/ared 7)a stn The Cony Cent So the Boatel
' Meaty authorized an crated to sae all signrur and
der of any over d the Sorer d Corry Commissioners a
the County in rnnaabn web the men authored by this
Onsn ance, as to place the run of the Cony on the Lae
ehreee as approved by to Ordinance The Chid or
Orr Pro -Tern of the Board of Carry Cammrebws and
air allltle of the Boss d County Connesrsu a the
County w heresy authorized to execute as dater for is
an tort of the County any and all anneal ,,as.,
tanners is other pars and to perform al other en that
they may deem roman or mar open In artier to
impart an any oaths transactions and ether maw
'Sharked and contemned by this Ordinance, including the
macron and dory a e deed and binder for the
Career Fears termite theta The appropriate
dare of the ion d County Commissioners or the County
w authorized to execute on belies d the County e-eemede
concerning the deposit and investment Wane in connection
on the transactions wsnprtei by tea Ordinance. The
n ation is delivery, by the Corona of any and WI
additional oertibsee, documents and other purrs as the
performance of 0 other tots aoeery a &porn in
ardor to inplewt and any out ms ere are and other
ners authorized and contemner by this Onauns is
hereby approved as aetorbed by the Canty.
Sean 14: No Gnat Otystyt a ale
Car!' Cunard NO PROVISION OF THIS ORDNANCE,
THE LEASE, THE INDENTURE, THE SERIES 1997
CERTIFICATES, THE CERTIFICATE PURCHASE
AGREEMENT, 111E FINANCIAL GUARANTY AGREEMENT
OR THE OFFICIAL STATEMENT SHALL BE CONSTRUED
AS CREATING OR CONSTITUTING A GENERAL
OBLIGATION OR OTHER INDEBTEDNESS OF THE
COUNTY OR A MANDATORY PAYMENT OBLIGATION OF
THE COLNTY N ANY FOCAL YEAR BEYOND A FLACK
YEAR FOR WHICH THE COUNTY HAS APPROPRIATED
AMOUNTS TO MAKE PAYMENTS UNDER THE LEASE.
THE COUNTY SHALL HAVE NO OBLIGATION TO MIKE
ANY PAYMENT WITH RAT TO THE SERIES 1007
CERTIFICATES EXCEPT IN CONNECTION WITH THE
PAYMENT OF THE BASE RENTALS AND ADDITIONAL
RENTALS (AS DEFINED IN THE LEASE) AND CERTAIN
OTHER PAYMENTS UNDER THE LEASE, WHICH
PAYMENTS MAY BE TERMINATED BY THE COUNTY IN
ACCORDANCE WITH THE PROVISIONS OF THE LEASE.
IN ADDITION, NO PROVISION OF THIS ORDINANCE, THE
LEASE, THE INDENTURE, THE SERIES 1007
CERTIFICATES, THE FINANCIAL GUARANTY
AGREEMENT. THE CERTIFICATE PURCHASE
AGREEMENT OR THE OFFICIAL STATEMENT SHALL BE
CONSTRUED TO PLEDGE OR TO CREATE A LIEN ON
ANY CLASS OR SOURCE OF COUNTY MONEYS.
Section 16: ademMetton *Redd Vein and
Prance Opao. Anew Under the Leese The Board of
County Commissioners hereby determines and declares that
the Base Rentals represent the fair vents of the use at the
Corabw Peddles; andte the PurchaseOp on Price (as
defined in the Lace) wend the fair puchase—din
Caddbnel FaISles. The Bad d County CemmNelonere
hereby dtrmtnes and declares that the Bate Rentals do not
exceed a reasonable amount so as to plea the County under
en rename a gaunt compulsion to renew the Sea b
exercise Its colon to predate the Careaad Faeroe
pursuant b eh these. in main such see ninaons, the
Board of County Commissioners has given consideration to
the as of financing the Correctional Facades the uses end
purposes for which the Corridor Friers will be replayed
by the County, the benefit tote attune as residents d the
County by rain d the acgu'ibn of the Canadians'
Fealties an the use Mfrs Corrections Forties pone to
the terns and prpMlas of the Laren the option of to
Cerny to purchase the Connor Fades, as to
resort erre vesting, Glide tote Correctional Facades
In the County. The Board d County Cannisrra hereby
determines and declares to the arqubsbn, mmruda and
rung; d the Cowen. Ferri as the lasing of to
Corrections Feta p euea to the Lase we need in
lading d alterable quay as mein to ear
requirements run sterner as word be necessary I the
a41ere, co stg8on, Mnnivend as equppitg d the
Canon Fars was prtamed by the County other
then antra to the Leese. The lord of County
Commissioners hereby Seaman as declares that the
prod during which the County hes an option to altar the
Canteral Partin (.e.. the maxba den tem of the Lease,
Including all Ramat Tans) does not ma the useful lee
of the Camdre Farts.
Sedan 18: Sale a' Ede* CMsdlond
Pea led . The Oak or Cask Pro -Tern S hereby authorized
to more as air, and the County Cleric the Bord'
authorized to and and art, a deed and to d sale for the
ern Corrections Fades to the Corporation upon
payment to the County of the fair marlet value a the existing
Cemotbnsl Furies.
Section 17: Designation Mande ea 0tN1bd
Tarsi pr OhyMba. The County represents that 8
reasonably anticipates to sue (and has issued), together
with governmental sores which derive tee issuing authority
from the Canty or we snot to etWads control by the
County. not more than an aggrepte tots d 610.0rA00 of
governmental or quailed Section 801(4(8) organization
bona (r dared in to Code) during ender year 1997.
The Canty recognizes that governmental bonds include tee
wieyt eb4deaarnM r des, f r•. leans we wane...
ThelwdylreydssrdnYes5flw 199O_ -weir
gradtaerredelerdereildelheee odidetlearn
8994 the Cade, attetq, St, IM belhelone is other
hernial institutions to avoid the loss d 100% of any
__ritewaarareset de-_- man proportion'
wren barb.• t x•sent-t hollow
Sean 18: Appairra of Than The
appofine d The Bred d Cheny Coen NA to e as
teree, paying agent as registrar under the taw and
provision d to Inners, is hurry apposed and
authored.
Section 19: &entree. Now Rub Panes a'
She Coto* In authorizing as approving the actions herein
set form, k ' the Mad of the Board of Canty
Commenters d Uhe Cerny to elrte the her rule
poenn of the County granted pursued*, to Cdaredo
Corrine and the Chester, end the Bad d Can
Camwaa.- of the County hereby aide, deemss as
decree the the maws herein wares to r mars a
boa a enuetpal omen and we rpp grin for the
exercise of the home die pawn of the Canty.
Section 20: Rpeden Al color odwhoee,
see, edits a resolution a lens thereat byte Carty n
erred well this Ordnance are hereby repent adept that
this repenr shat ne be comeued to revive any adarne,
e, order or resolution, a pet tare, heretofore repenlsd.
Section 21: Se really If any ..elan,
«loss, peraga* sentence, dew., or phrase d this
Ordinance Is for arty reason had or decided to be
aoaninAbnel. etch tmeron Sher not ate the very a
the remaining portions hereof. The geed of Cony
Con.eeslors hereby declares to It world have rated
this Odwoe in each as every sects, subsection,
reaper, eeiao., trues, and dire read Ineepetre
a Metact caw or mw anent.peeps,
Pedpephe, .ententes, daces, agrees rod be
bend to be unootowpoe or Orval.
Section 22: Oeabredev aenerpdy: Due to
Stratum in rnunrpel bond prices as ere to anan*
favorable ewes a. It Is hereby declared, in the option
a the Saes of County Commission' as pursued to
eesden &14 d to Chant the an wwgrsy ads and
s_creti Ordnance as hen Altos as Sea an
b dame.
The .hew and hw0dn0 Ordinance Number
10drw. an make duly adaand wended. adopted by dr.
la0.nrq w1. an the IMIt al JS.r.ry. A. D., 1007.
BOARD OF COUNTY COMMISSIONERS
WEIR COUNTY, COLORADO
Swe0. E. B.W. Ch.k
ATTEST:
Donald K. Warden
Wald Cady Clark to the Bored
Constance
BY:
Carol Harding
Deputy Clerk to Er Board
DW K RS.
APPROVED AS TO FORM:
Daiwa J. KMan.yW
Bruce Barker
Cady Noway
W. H. Webster
Red and Approved: January 10, 1007
PiM San Amway 1t 1007, In 01. South WSJ Sun
9Ydr.: awry 10. 1007
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