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Home My WebLink About730871 WELD COUNTY, COLORADO RESOLUTION NO. AUTHORIZATION OF THE ISSUANCE OF NOT TO EXCEED $5 , 000 ,000 POLLUTION CONTROL REVENUE BONDS (PUBLIC SERVICE COMPANY OF COLORADO PROJECT) OF WELD COUNTY, COLORADO , TO FINANCE POLLUTION CONTROL FACILITIES AND THE EXECUTION OF A MEMO- RANDUM OF AGREEMENT IN CONNECTION THEREWITH BY AND BETWEEN WELD COUNTY , COLORADO , AND PUBLIC SERVICE COMPANY OF COLORADO. WHEREAS, Weld County, Colorado (hereinafter referred to as the "County") is authorized by the County and Municipal- ity Development Revenue Bond Act constituting Article 24 of Chapter 36 , Colorado Revised Statutes 1963 , as amended (here- inafter referred to as the "Act") to finance one or more proj- ects or parts thereof to the end that pollution may be amelior- ated and controlled upon such conditions as the Board of County Commissioners may deem advisable; and WHEREAS , the County is further authorized by the Act to issue its revenue bonds for the purpose of defraying the cost of financing any project ; and WHEREAS , the County is also authorized by the Act and by the provisions of Article 2 of Chapter 88 , Colorado Revised Statutes 1963 , as amended, to delegate by resolution to any other Colorado county or municipality, or to its offi- cers or employees , authority to act on behalf of the County in the leasing, improvement and disposal of projects to ameli- orate or control pollution which involves more than one county 730871 j��tx9®S-- '1. or municipality or which concerns a company or other enter- prise which requests to be the user of such project within more than one county or municipality; and WHEREAS , the County has had preliminary conferences with Public Service Company of Colorado (hereinafter referred to as the "Company") , a Colorado corporation, concerning the financing of pollution control facilities at the Fort St. Vrain Nuclear Generating Station of the Company, located in Weld County, Colorado (hereinafter referred to as the "Project") , which Project will provide air and water pollution control fa- cilities in furtherance of the regulations of the United States Atomic Energy Commission and the United States Environmental Protection Agency and which Project qualifies as a "project" within the meaning of the Act; and WHEREAS , Pollution Control Revenue Bonds (Public Ser- vice Company of Colorado Project) in the principal amount of not to exceed $5, 000 , 000 (hereinafter referred to as the "Bonds") will be issued, sold and delivered by the County to pay the cost of financing the Project , together with costs incident to the authorization , sale and issuance of the Bonds; and WHEREAS , a financing agreement (as defined by the Act, hereinafter referred to as the "Financing Agreement") , with re- spect to the Project will be executed by and between the Company and the County, whereby the Company will covenant and agree to pay sums sufficient in amount to provide for the payment of principal of , premium, if any , and interest on the Bonds, to- gether with all trustee ' s and paying agent 's fees and expenses of the County in connection with the Bonds as the same become due and payable; and WHEREAS , construction of the Project commenced prior to September 2 , 1972 , and it is deemed necessary and advisable -2- that a Memorandum of Agreement between the County and the Company be executed setting forth the agreements of the par- ties with respect to the financing of the Project , and the entering into of the Financing Agreement with the Company with respect to the Project; and WHEREAS , the County proposes to sell the Bonds in an aggregate principal amount of not to exceed $5, 000 , 000 to or upon the order of Blyth Eastman Dillon & Co. Incorpo- rated and Boettcher and Company; and WHEREAS , the Bonds are to be issued under and pur- suant to and are secured by an Indenture of Trust by and between the County and a trustee to be named; and WHEREAS , it has been determined that the amount necessary to finance the cost of the Project and expenses incidental thereto will require that the Bonds of the County in the principal amount of not to exceed $5 , 000, 000 be au- thorized as hereinafter provided; and WHEREAS , the County has determined that the Project will serve the purposes of the Act and may moderate increases in the Company ' s cost of capital and hence in its rates for utility service; and WHEREAS , it is intended that this Resolution shall constitute "some other similar official action" toward the issuance of the Bonds within the meaning of Section 1 . 103-8 (a) (5) of the Regulations promulgated under Section 103 of the Internal Revenue Code of 1954 , as amended. NOW, THEREFORE , BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO : Section 1. That (i) the recitals set forth in the preambles of this Resolution are true and correct , (ii) the total amount of money necessary to be provided by the County for the financing of the Project does not exceed $5 , 000 , 000, -3- emw. and (iii) the Company has sufficient financial resources to place the Project in operation, to continue its operation and to meet the obligations of the proposed Financing Agreement. Section 2 . That the entire cost of financing the Project will be paid out of the proceeds from the sale of the Bonds , and that none of the Bonds will be general obligations of the County nor shall any of the Bonds including interest thereon constitute the debt or indebtedness of the County within the meaning of the Constitution or statutes of the State of Colorado nor give rise to a pecuniary liability of the County or a charge against its general credit or taxing powers but shall be secured and payable only by a pledge of the revenues derived from the Company pursuant to. the Financ- ing Agreement. Section 3 . That a Memorandum of Agreement by and between the Company and the County , substantially in the form and with the contents set forth in Exhibit A attached hereto, be and the same is hereby approved and authorized and the Chairman of the Board of County Commissioners and the County Clerk of the County are hereby authorized to execute and de- liver said Memorandum of Agreement. Section 4 . Nothing contained in this resolution or in such Memorandum of Agreement shall constitute a debt or indebtedness of the County within the meaning of the Constitu- tion or statutes of the State of Colorado nor give rise to a pecuniary liability of the County or a charge against its general credit or taxing powers . Section 5 . Nothing herein shall be deemed to pre- vent the County from delegating to any other Colorado county or municipality, or its officers or employees , authority to act on behalf of the County in the financing of the Project . -4- u --1 �. • Section 6 . If any section, paragraph , clause or provision of this resolution shall for any reason be held to be invalid or unenforceable , the invalidity or unenforceabil- ity of such section, paragraph , clause or provision shall not affect any of the remaining provisions of this resolution . Section 7 . All bylaws , orders and resolutions , or parts thereof , inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed as reviving any bylaw, order or resolution, or part thereof. Section 8 . All action (not inconsistent with the provisions of this resolution) heretofore taken by the Board of County Commissioners of the County and the officers thereof directed toward the Project and the authorization, issue and sale of the Bonds be , and the same hereby is , ratified, ap- proved and confirmed. Proposed on the /Ja day o�/,.f,. , 1973. Proposed by County Commissioner %., /� 9� z�y .l�� C r) ,„(y,„) Passed the A/ day of //,,_.I,r, , 1971 . Vote: LAyes : (4czLJ� � f. 1-4t Nays : 4(7///'"' Absent : j �i�jj ' ; Attest : rii iL;Y/+s' rY J/ // Yi County Clerk Chairman /% Deputy County Clerk This Resolution shall be in force and effect from and after the /cc/ day of y�/ ; ��, ., 1973 . Received in Office of Clerk to the Board October 31 , 1973 . , -5- Form 243 •� �~ (Rev. t97D) Poorer of Attorn--)y Department of the Treasury Internal R.vanue Serv;ce _— (See Sepdra'te Instruction,;) _—_— Name, a..;clre.ss including ZiP code, and iii.,ittifying number of taxpayer(s) }:1fJ ST F. OF COLO AD Weld County, Colorado COUNTY OF WELD >ss. 9th Street and 9th Avenue with th•;: ( .rk of the uoard Greeley , Colorado 80631 ofcou tyOonmssioners hereby appoints(name,address including ZIP code,and telephone number of appointee(s)) JAN! ) j1F Kurt A. Kaufmann and Stephen P. Kregstein cow.TY ceer.K AND R[con,, Dawson, Nagel. , Sherman & Howard �By Deputy 1900 First National Bank Building Denver, Colorado 80202 Telephone: (303) 266-3401 as attorney(s)-in-fact to represent the taxpayer(s) before any office of the Internal Revenue Service with respect to (specify Internal Reve.nue tax matters and years or periods): Request for revenue ruling in connection with issuance by taxpayer of Collateralized Pollution Control Revenue Bonds (Public Service Company of Colorado Project) Said ettareey(s) imfact (er-eitherof--the.rn)-sh•e+f,—sehfect•to-revocation;—have-mitlr.,- r��.,i r� ..•. i��:,f.i rn;or,r::t•II��"ri�t full power to perform oi't behalf of the taxpayer(s) the following acts with respect to the above tax matters: (Strike through any of the following which are not graated.) To receive, but not to endorse and collect, checks in payment of any refund of.ifitt2rnal Revenue taxes, penalties, or interest. To execute waivers (including offers of waivers) of restrictiorrson assessment or collection of deFicieneies in tax and waivers of notice of disallowance of a claim fet.oredii or refund. To execute consents extending the statetorj period for assessment or collection of taxes. To execute closing a greernerts-rirader section 7121 of the Internal Revenue Code. To delegate a it or to substitute another representative. g Bt ac+iisT{57wec.i#4..) Copies of notices and other written communications addressed to the taxpayer(s) in proceedings involving the above matters should be sent to(Name,address including ZIP code,and telephone number): Kurt A. Kaufmann Dawson, Nagel, Sherman & Howard mxix 1900 First National Bank Bldg. Denver, Colorado 80202 Telephone : (303) 266-3401 This po.v≤...r of attorney revokes all prior powers of attorney and tax information authorizations on file with the same Internal Revenue office with respect to the same matters and years or periods covered by this instrument, except the following: - (Specify to whom granted,date.and address Including ZIP code,or refer to attached copies of prior powers and authorizations) Signature of or for taxpayer(s) If signed by a corporate officer, partner, or fiduciary on behalf of the taxpayer, I certify that I have the authority to execute this power of attorney on behalf of the taxpayer. • Chairman , Board of County / e . (Signature) (Title, if applicable) r Commissioners (Date) • '?Weld County, Colorado (Signature) (Title, if applicable) (Date) Form .r If the porter of attorney is granted ₹o ,n attorney, certified public accountant, or enrolied agent, this declaration must be completed. 1 declare that I am not currently under suspension or disbarment from practice before the Internal Revenue Service, and that: I am a member in good standing of the bar of the highest court of the jurisdiction indicated below; or I am duly qualified to practice as a certified public accountant in the jurisdict'on indicated below; or I am enrolled as an agent pursuant to the requirements of Treasury Department Circular No. 230. D Jurisdiction Designation �--� -- --•_.__.__. -_._.... ..__, _... (State etc) (Attorney, C.P.A., , . Signature Date or Agent) or Enrollment • Card Number Attorney -1 Colorado • -� Attorney Colorado • - - If the power of attorney is granted to a person other than an attorney, certified public accountant, or enrolled aunt, it must be witnessed or notarized below. The person(s)signing as or for the taxpayer(s): (Check and complete one.) ❑ is/are known to and signed in the presence of the two disinterested witnesses whose signatures appear here: (Signature of Witness) (Date) (Signature of Witness) (Date) ❑ appeared this day before a notary public and acknowledged this power of attorney as his/her/their voluntary act and deed. NOTARIAL. SEAL_ (Signature of Notary) (Date) (If required) s.'U.S. GOVERNMENT PRINTING OFFICE: 1 473-77 1 48 1/1 73.7 LAW OF Fi"..,s 1:::72 a :,AG•,, CLYDE C.DAYJsJ'ti J SEI=ERT DA`NSON, NAGEL,SHERMAN F.. HOWARD SAmuEi s EPJ1 s•I JAM=} H.DALCY WINS/ON G HOWARD LAW,r r RAKER I'2 T NATIONAL BANK N:.J:I.f)ING __. .._.... RORER' M.JOHNSON '+..F,� EOWARD PALMER AMTPOR K.UND_RWOOD-JR J:�`J. t:.HAOTZINGER JOHN N/.LON H.SHERWOOD DENVER, COLORADO 8O2O2 I.•, � :, .".34H,NG •.363-:a=81 WILLIAM E'.VOELKER C.i>v.ES R. FREDERICKSON R:.:DU,— ^. ;!'.35 w:- -• ,:3b8•:3 mac: THOM4 H.FA\ON W. L •-✓Ip PANTLE ?60-3401 APEA CODE .SC_5 LE wiS c ,. 11883-.S-5s] HUGH A.BURNS J+=='='• L.CUNNINGHAM RAYMOND J.TURNER W::_:.!AM S.HERSHRERGER ---- —--- GARTH C.GRISSOM Ei1.USLAS M.CAIN WILLIAM P. CANTVJ:LL U41NL F.WURZFR CA]LE ADGP'-SS DONALU W. ROE DAVU; R.JOHNSON OnwNAG MICHAEL D.GROSHEK GARY L CREEP WILLIAM F. SCHOEBERLEIN STEPHEN M.BRETT M rC11AEL A.YIILLIAM.^a —CGNiTANCE L.HAU VER January 24, 1974 E.LEE DALE ANDREW L.BLAIR,JR. CHAPMAN B.COX RODNEY D.KNUTSON S.CHANDLER VISH£R STEPHEN P. KREGDIEIN !1 rctp CHRISTOPHER LANL EDWARD W.NOTTINGHAM STATE OF C0I0RAFt�1 Jltf CRAIG A.CHRISTEN"EN HAL H.I ODOR COUNTY OF WELDI PAUL J.SCHLAUCH JACK M.MERRITTS Ku RT A.KAUFMANN FREDERICK Y. YU f It.+.i ..,trj t'. Vi I'1( (J{ Ali. .yiJl(f O.WAYNE COON H.CLAY WHITLOW R.MICHAEL SANCHEZ PAM FLA A.RAY OI COU .t)' ::0•riM.9Slnrtr .t TFIEODORE E.WORCESTER J""I -: Mr. Samuel Telep County Attorney, Weld County ;.T° i." '. 9th Street and 9th Avenue By Greeley, Colorado 80631 Weld County, Colorado Collateralized Pollution Control Revenue Bonds (Public Service Company of Colorado Project) Dear Mr. Telep: Enclosed is a Power of Attorney form designating Kurt Kaufmann and Stephen Kregstein of our office to represent the County in connection with a request for a revenue ruling for the captioned bond issue. Please fill in the County' s employer identification number at the top of the .form and have it signed and dated by the Chairman of the Board of County Commissioners on the bottom. Please return the executed form to us as soon as possible. It is not necessary that the execution of this document be approved by a resolution of the Board of County Commissioners at this time. If you have any questions regarding this or any other aspect of the bond issue, please feel fret: to call . Very truly yours, 2-217-46? - - TBF/gw Enc. (// / / ' Hello