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HomeMy WebLinkAbout950898.tiff CD FINAL READING ORDINANCE NO. 58 AN ORDINANCE RELATING TO THE ISSUANCE OF REVENUE BONDS UNDER THE PROVISIONS OF THE COLORADO COUNTY AND MUNICIPALITY DEVELOPMENT REVENUE BOND ACT; PROVIDING FOR THE ISSUANCE AND SALE OF WELD COUNTY, COLORADO, REVENUE BONDS (THE EV. LUTHERAN GOOD SAMARITAN SOCIETY PROJECT) SERIES 1979 , IN A PRINCIPAL AMOUNT NOT TO EXCEED $1, 600, 000 FOR THE PURPOSE OF LOANING FUNDS TO THE EV. LUTHERAN GOOD SAMARITAN SOCITY TO FINANCE IMPROVEMENTS AND REFINANCE OBLI- GATIONS RELATING TO THE ACQUISITION AND CONSTRUCTION OF THE SOCIETY' S CENTER IN WELD COUNTY, COLORADO: APPROVING AND AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT BETWEEN THE SOCIETY AND THE COUNTY AND A MORTGAGE AND INDENTURE OF TRUST AMONG THE SOCIETY, THE COUNTY AND A TRUSTEE; AND AUTHORIZING THE PREPARA- P'O TION AND EXECUTION OF CERTAIN RELATED DOCUMENTS AND INSTRUMENTS. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO: Section 1. Recitals. A. The County of Weld, Colorado (the "County" ) , desires to provide, promote and stimulate the provision of more adequate nursing home and health care, and residential housing facilities for elderly low- and middle-income families and persons within the County, and B. Pursuant to the provisions of Article 3 of Title 29 , Colorado Revised Statutes 1973, as amended (the "Act" ) , the County is authorized to issue economic development revenue bonds and to loan the proceeds therefrom to a private organization such as the Ev. Lutheran Good Samaritan Society (the "Society" ) to finance certain improvements and to refinance obligations incurred to finance or aid in financing facilities which would have consti- tuted a "project" under the Act had such facilities been originally undertaken and financed pursuant to the Act, and C. The Society, a North Dakota nonprofit corporation, has, within the past several years , acquired and constructed a facility in Greeley, Colorado, named the Bonell Center, which provides nursing home care and health care, and residential housing facilities for elderly low- and middle-income families and per- sons (collectively, the "Project" ) constituting a project under the Act, and swK892 / JAN 1 0 1980 Recorded at o'clock —_�_,�.L Roc. No. 1813966 l=am. to _. Stole of Colorado, Weld County Clerk Cr Recorder 95O896 92 1813966 194 D. The Society desires to finance certain improvements to the Project and to refinance certain obligations previously incurred to finance the Project, and E. The Society desires to obtain the funds for the afore- said purposes by borrowing funds from the County in a principal amount not to exceed $1, 600, 000, and promising to repay the County pursuant to a Loan Agreement dated as of December 1, 1979 (the "Loan Agreement" ) by and between the County and the Society, and F. It is hereby found and determined that the County will issue its Revenue Bonds (The Ev. Lutheran Good Samaritan Society Project) Series 1979 (the "Series 1979 Bonds" ) in a principal amount not to exceed $1, 600, 000 pursuant to a Mortgage and Indenture of Trust dated as of December 1, 1979 (the "Indenture" ) by and between the County, the Society and a trustee (the "Trustee" ) to be designated, and that the proceeds therefrom will be used in accordance with the provisions of the Loan Agreement and the Indenture, and G. It is hereby found and determined that financing cer- tain improvements and refinancing the Society' s existing obliga- tions incurred in the acquisition and construction of the project in the County will promote the public health, welfare, safety, convenience and prosperity of the County and its inhabitants by providing, promoting and stimulating more adequate nursing home care and health care, and residential housing facilities for elderly low- and middle-income families and persons, with the County, and H. It is necessary to provide for the issuance and sale of the Series 1979 Bonds and to authorize the execution and preparation of all documents, instruments and acts necessary in connection therewith, and I. By supplemental resolution, the County will consider and approve the final details of the Series 1979 Bonds , and will approve and authorize the execution and delivery or certain documents , instruments and acts in connection therewith. -2- 00`6- 892 1813966 Section 2. Approval of and Authorization for Issuance of the Series 1979 Bonds. The issuance of the County' s Revenue Bonds (The Ev. Lutheran Good Samaritan Society Project) Series 1979, to be dated December 1, 1979 , in a principal amount not to exceed $1, 600, 000, with a maximum net effective interest rate to be determined at a future date and approved by a supple- mental resolution to be adopted by the Board of County Commissioners , in substantially the form and with substantially the content set forth in the Indenture, is in all respects approved, authorized and confirmed, and the Chairman of the Board of County Commis- sioners and the County Clerk are hereby authorized and directed to execute and seal the Series 1979 Bonds in the manner provided in the Indenture and to deliver them to the purchaser hereinafter designated for and on behalf of the County, and upon receipt of the purchase price to deposit the proceeds thereof with the Trustee in the manner provided by the Indenture. The Series 1979 Bonds shall be issuable as coupon bonds in the denomination of $5, 000 each, registrable as to principal only, and as fully registered bonds without coupons in the denomination of $5, 000 or any integral multiple thereof (but not in excess of the princi- pal amount of Series 1979 Bonds maturing in any particular year) . The Series 1979 Bonds shall mature at such times not exceeding twenty-five years from date of issuance, shall bear interest at the rates, be payable at the place and be subject to the terms of redemption set forth in the Indenture and as shall be finally approved and provided in a supplemental resolution of the Board of County Commissioners. The Series 1979 Bonds shall never constitute an indebtedness of the County within the meaning of any provision or limitation of the Colorado Constitution or statutes or the County' s Home Rule Charter, and shall not con- stitute or give rise to a pecuniary liability of the County or a charge against its general credit or taxing powers . The Series 1979 Bonds are not general obligations, but are special, limited obligations of the County, payable solely out of the revenues derived under the Loan Agreement or the Indenture and -3- e°°'' 892 181 d9E�f> pledged and assigned for their payment in accordance with the Indenture. Section 3. Authorization of the Sale of the Series 1979 Bonds. The sale of the Series 1979 Bonds to Piper, Jaffray & Hopwood Incorporated and Moore Juran and Company, both of Minneapolis, Minnesota (the "Underwriter" ) upon terms and conditions consistent with this Ordinance and approved by a supplemental resolution is hereby approved, authorized and confirmed. The Chairman of the Board of County Commissioners and County Clerk are authorized and directed to evidence such sale by executing a Bond Purchase Agreement in the form approved by a supplemental resolution, and to deliver the Series 1979 Bonds to the order of the Underwriter upon payment by the Underwriter of the purchase price. Section 4. Approval and Authorization of Loan Agreement. The Loan Agreement dated as of December 1, 1979, between the Society as Borrower and the County as Lender, in substantially the same form as attached hereto as Exhibit A, is in all respects approved, authorized and confirmed and the Chairman of the Board of County Commissioners and the County Clerk are authorized and directed to execute and deliver the Loan Agree- ment in substantially the form and with substantially the same content as Exhibit A for and on behalf of the County. Section 5. Approval and Authorization of Mortgage and Indenture of Trust. The Mortgage and Indenture of Trust dated as of December 1, 1979, among the Society, the County and the Trustee, in substantially the same form as attached hereto as Exhibit B, is in all respects approved, authorized and confirmed and the Chairman of the Board of County Commissioners and the County Clerk are authorized and directed to execute and deliver the Indenture in substantially the form and with substantially the same content as Exhibit B for and on behalf of the County. Section 6. Preparation of Documents. In order to facilitate the issuance of the Series 1979 Bonds, there are currently being prepared a Preliminary Official Statement, a final Official State- -4- ?, *892 1813966 U_5 ment and an Escrow Agreement. The execution and delivery of the Escrow Agreement on behalf of the County by the Chairman of the Board of County Commissioners and the County Clerk are hereby authorized, subject to approval of the form and substance of the Escrow Agreement by supplemental resolution. Section 7 . Finding and Determination. The Board of County Commissioners of the County of Weld, Colorado, hereby finds and determines pursuant to Section 29-3-103 (10) (d) of the Act that the families and persons now residing in and who are intended to reside in the residential portions of the Project lack the financial ability to pay prices or rentals sufficient to induce private enterprise to build and maintain a sufficient supply of adequate, safe and sanitary dwellings in the County without the issuance of the Series 1979 Bonds. Section 8. Authority to Correct Errors, Etc. The Chair- man of the Board of County Commissioners and County Clerk are hereby authorized and directed to make or agree to any alterations , changes or additions in the instruments hereby approved as the Chairman of the Board of County Commissioners and the County Attorney deem necessary or proper to accomplish the purposes of this Ordinance and any supplemental resolution; provided, however, no alteration, change or addition shall be made which shall alter, following the establishment thereof in this Ordinance or in a supplemental resolution, the maximum net effective interest rate, denomination, date, maturities , form, interest rates, registration privileges, manner of execution, places of payment or terms of redemption of the Series 1979 Bonds or which shall increase the aggregate principal amount of Series 1979 Bonds authorized or in any way give rise to a pecuniary liability of the County or a charge against its general credit or taxing powers with respect to the Series 1979 Bonds. Section 9. Severability. If any provision of this Ordi- nance shall be held invalid, the invalidity of such provision shall not affect any of the other provisions of this Ordinance. -5- 5a°' 892 181.3966 Dela Section 10. Further Authority. The Chairman of the Board of County Commissioners and County Clerk and other proper County officials, and each of them, are hereby authorized to execute and deliver for and on behalf of the County any and all addi- tional certificates, documents and other papers and to perform all other acts they may deem necessary or appropriate in order to implement and carry out the matters herein authorized. The above and foregoing Ordinance No. 58 was, on motion duly made and seconded, adopted by the following vote on the 14th day of November , A.D. , 1979. BOARD DDF� OF COUNTYCOMMISSIONERS 7r . ..s' '� Y, COLORADO 2 Norman Carlson, Chairman Lyd if unbas C. W. Kirby A� z / nn o-ww . (2. i2O1. Le and L. Roe y {.i✓ C �£�tL J K. St i mark u11 tllA tA-;1v. ', ' / ATTEST: ii Weld County Clerk and Recorder and Clerk to the Board i By �! , . . �' .�/-- puty County r` a PP:e) D AS TO FO' : c ltd' 0 County Attorney DATE PRESENTED: NOVEMBER 14 , 1979 PUBLISHED: NOVEMBER 15, 1979 in the Platteville Herald -6- This FINANCING STATEMENT is presented for filing pursuant to the Uniform Commercial Code. I I. Debtor(s)Name and Mailing Address: 2. Secured Party(ics)Name and Address: 3. For Filing Officer(Date,Time.Number,and Filing Office) Weld County �' �`'; '. C 4 'Centennial Complex a ';::".f4;se.:� ;ter:-egaid:.=4s P.O. Box 758 Greeley, CO 80631 (.As trustee under Mort. & Ind -,. .r-of s4 i..dated ,1 9) : ir, .. • •; 4. This Financing Statement covers the following types(or items).•of prop4rty:,' (WARNING: If collateral is crops.fixtures,timber,or minerals or other substances to be extracted or accounts resulting from the sale thereof,read instructions above.) The County's interest in and to a Loan Agreement, da- 5. Name and address of Assignee of Secured Party: ted as of December 1, 1979, between the County end The Ev. Lutheran Good Samaritan Society, and all proceeds thereof, including but not limited to, all loan repay-4 cents and income therefrom. Check only if applicable ❑ This Statement is to be filed for record in the real estate records. ❑Products of collateral are also covered. ) 6. This statement is signed by the Secured Party instead of the Debtor to perfect a security interest in collateral (Please check ❑ already subject to a security interest in another jurisdiction when it was brought into this state,or when the.debtor's location was changed to this state; 1 appropriate box) ❑ which is proceeds of thejoriginal collateral described above in which a security interest was perfected ❑ as to which the filing hag l seed;rus-i (t. R '',1 OFArAtila. R.--4 4 tri' 0-7,1'01r 3 t;SSl j 41104I";-•.:01''.4 ❑ acquired after a change of name,identity or corporate structure of the debtor. 7. Check only if applicable: ❑The Debtor is a transmitting utility. WELD COUNTY Use whichever signature line corium um: csr. D$py$e, AS Tot.TsTrit Signature(s)of Debtor(s) Signatures)of Secured Party(ies) FORM I •UNIFORM COMMERCIAL CODE and approved by Secretary of State and [hc County Clerks and Recorders Association (5) Debtor Copy Rocky Mountain Bank Note-600 00-77)0-771 mar IS McLennan - Marsh & McLennan, Incorporated =* 222 South Riverside Plaza „y -- Chicago, Illinois 60606 Telephone 312 648-6000 it{ p �I FEB 3j9O4 February 2, 1984 COLD+ Wald County Colorado Re: EV. LUTHERAN GOOD SAMARITAN SOCIETY CERTIFICATE OF INSURANCE UMBRELLA EXCESS LIABILITY Gentlemen: At the request of the Good Samaritan Society, we are enclosing a Certificate of Insurance reflecting their Excess Liability coverages. This insurance has been issued for the year January 1, 1984 to 1985, and is provided by U. S. Fire Insurance Company and Continental Insurance Company. These coverages apply over and above those provided by the Zurich Insurance Company, and we understand you already have received their certificate. If you have any questions concerning our coverage, please feel free to contact us. Sincerely, T. A. Mikkelsen TAM/dg Enclosure cc: Ms. Bette Jensen Mr. Paul Burston t p 6 f I! 11lil 16H # A :411 tiK�yi.! M' Teti/ ka .4,l y THE MEN' ''s 1E ,sit ti a w 6 o-d.l'.s i..1.a . 1> FS %!;_S f -FUR NG MARSH I S McLENNAN, INC. U FTh III: UH�ii Cu Mr AN'7 fc 222 SOUTH RIVERSIDE PLAZA _ CHICAGO, ILLINOIS 60606 HP.RBOR rN 11 (i t., 'F.COM[ ANY F'J I ',(H Hr,F; ..30D iAF IARITAN SOCIETY ! 1000 W° AVENUE NORTH FIOUX FAILS SOUTH DAKOTA 57104 order I _ 523-317612 1-1-85 1A) 2Q000 20 000 A & X HI 180040 1-1-85 !B) 10,000 10 000 B ...yam is_Bonell GSC I Locution: 708 22nd St o , Box 1508 Greeley, CO. 80631 I Coverage applies excess of Underlying provided by Zurich Insurance Colnpuny Limit $20,000,000 each occurrence/annual aggregate B) Lin t 810,000,000 each occurrence/annual a excess ggregat excess 5520,000 000 excess Underlying. i above i',tro ! pt)l it,, t c; n ( Ic ! let , i exp to (mil _60 _ d ty Nil En IF i to '' e )e N na iallimpc ,o r Ibikat in I and ! ( iiylir-d on-t1 `' .are HCll r=1 February 2 , 1984 ' JAIf I IEU:— Wald County, Colorado f.—, Aat I alIUI#!II v^tth411flfl M" 1 1- OFFICE OF FINANCE PHONE (303) 3564000 EXT.218 P.O. BOX 758 GREELEY,COLORADO 80631 k COLORADO July 29, 1981 Central Bank of Denver Trust Department 1515 Arapahoe Street Denver, Colorado 80290 Dear Sirs: Enclosed please find a notice of concellation or non-renewal concerning the Evangelical Lutheran Good Samaritan building and contents located in Greeley, Colorado. As indicated on the form Weld County has been named the mortgagee for this property. But as you are aware Weld County simply issued Industrial Revenue Bonds for this property and you were designated as the trustee of the bonds. For this reason we are forwarding you the notice of cancellation or non-renewal for your information and to inform any other appropriate parties. If you have any questions regarding this please don't hesitate to contact me at 356-4000, Extension 218. VeYy truly y-urs i 11 AtCLDonald D., arden Director of Finance & Administration cc: Clerk to the Board DDW:do Encl. • NOTICE OF CANCELLATION OR NONRENEWAL KIND OF POLICY: TOP Security Pacicave - POLICY NO.: 72-17-501A INSURANCE DATE OF MAILING: 7/2.4/F1 COMPANY 7urich Insurance Company ISSUED THROUGH AGENCY OR OFFICE AT: The Fstenson Company • Tnverne, "TI NAME AND roe Evangelical Lutheran C-ood Samaritan MAILING Society and Coed Samaritan Society, Inc. ADDRESS 1000 Lest Avenue north OF INSURED Sioux Falls, SD 57104 • • (Specific information concerning the cancellation or nonrenewal has been given to the Insured.) NEt$ C0URT1 CU,MtSSID$ERS� - L991981 GREELE. COLO. TO MORTGAGEE: DATE OF MAILING: We hereby cancel the Mortgagee Agreement which is made part of the above mentioned policy and also the above m tionedolicy issued to the insured named above on 1-1-81 covering on Building and Contents at Greeley, Colorado and made payable to you as mortgagee(or trustee), in the event ofloss. You will, therefore, please take notice that at the expiration of * days from the receipt of this notice, the said agreement and the said policy, unless surrender thereof to us be sooner made, will terminate and cease to be in force. *TO CLEAR THE RECORD -- POLICY CANCELLED EFFECTIVE JULY),, 1981 AT THE INSURED'S REQUEST. t.C� _ ALITMORIZ 0 REPRESENT INSURANCE . Zurich Insurance Company COMPANY NAME . Weld County, Colorado ADDRESS OF MORT- - GAGEE C 56e.(EQ. 5-76) uN,ropM PRINTING a SUPPLY DIV. MORTGAGEE'S COPY 7, , i 7,6. .... Affidavit of Publication , STATE OF COLORADO, 1 ss S 1 County of Weld, Page 12 LEA`6MEER r Lea a y I. LL.f.1. ..._ Gr..Q.Q.t.. of Stagy said County of Weld, being duly sworn, say that - T aontwlt set both Mtge I publisher of , / FINAL READING ,` In ail respects aggro • /, [[cL4 lvu ORDINANCE NO.Se and confirmed,and the g t �≥Q pJqKB.c..Lr2 1>klct' Li AN ORDINANCE RELATING of the Board of County Commis-1 e7Ll.J TO THE ISSUANCE OF REVE- Menem and the County Clerk are that the same is a weekly newspaper of general NUE BONDS UNDER THE PRO- • hereby authorized and directed to VISIONS OF THE COLORADO execute and seal the Series 1979 circulation d printed and published in the COUNTY AND MUNICIPALITY Bonds in the manner provided lit. / DEVELOPMENT REVENUE theIndenture and,to deliver them to town of\�� !c 1ll�Gn.�s'.iLK_..-_.___ -- -- BOND ACT; PROVIDING FOR the pruchaser hereinafter desig- in said county and state; that the notice or adver- THE ISSUANCE AND SALE OF hated for and on behalf of the WELD COUNTY, COLORADO, County, and upon receipt of the tisement, of which the annexed is a true copy, REVENUE BONDS (THE EV. purchase price to deposit the has been published in said weekly newspaper LUTHERAN GOOD SAMARITAN -proceeds thereof with the Trustee / SOCIETY PROJECT) SERIES - in the.manner provided by the for ___ _ _ consecutive 1979, IN A•PRINCIPAL AMOUNT Indenture. The Series 1979 Bonds weeks: that the notice was published in the NOT TO EXCEED 51,600,000 FOR' shall be issuable as coupon bonds in THE PURPOSE OF LOANING- the denomination of $5,000 each, regular and entire issue of every number of said FUNDS TO THE EV.LUTHERAN registrable as to principal only,and cation newspaper during the period and time of pubit age GOOD SAMARITAN-SOCIETY TO as fully register..., rands without FINANCE OBLIGATIONS SAND coupons in the denomination of cation of said notice and in the newspaper REFINANCE OBLIGATIONS RE- 55,000 or any integral multiple proper and not in a supplement thereof; bat the LATING TO THE ACQUISITION thereof (but not in excess of the first publication of said notice was contained in -AND CONSTRUCTION OF THE principal amount of Series 1979 SOCIETY'S CENTERyIN WELD Bonds maturing in any particular the issue of said newspaper hearing date. the COUNTY, COLORADO: APPRO. year).The Series 1979 shall mature _ qq VING AND AUTHORIZING THE at such times not exceeding �5._ day of ,q.eC1-!C92Golnei, A.D., 19 r/-1,2; EXECUTION OF A LOAN twenty-five years from date of and the last publication thereof, in the issue ai AGREEMENT BETWEEN THE issuance,shall bear interest at the SOCITY AND THE COUNTY AND rates,be payable at the place and said newspaper bearing date, the .4C day of A MORTGAGE AND INDENTURE be subject to the terms of _. _ OF TRUST AMONG THE SOCI-. redemption set forth in the Inden-. (' Zy,c, �/]9 29; that the said ETY, THE COUNTY AND A ture and as shall be finally -9..,-k kung CGe ?71/41. a .TRUSTEE.: AND.AUTHORIZING approved and provided in a !�� THE PREPARATION AND EXE- supplemental resolution of the n CUTION OF CERTAIN RELATED Board of County Commissioners. \.- X-r1�L1:LLL� QG2'C-L/- ----- DOCUMENTS AND INSTRU- The Series 1979 ds s MENTS. constitute an indebBontednesshall ofnever the has been published continuously and uninterrupt- 'SE IT ORDAINED BY THE ' County within the meaning of an, edly during the period of at least fifty-two con- BOARD OF COUNTY COMMIS provision or limitation of lea secutive weeks next prior to the first issue thereof SIONERS OF WELD COUNTY, Colorado Constitutionor statutes or COLORADO: the County's Home Rule Garter, containing said notice or advertisement above Section 1. Recitals. and shall not constitute or give rise referred to; and that said newspaper was at the A.The County of Weld, Colora' to a pecuniary liability of the (the"County"),desires to provic County or a charge against its time of each of the publications of said notice, promote and stimulate the pro- - general credit or taxing powers. duly qualified for that purpose within the mean- sips of more adequate nursicti .The series 1979 Bends are not home and health care,and reside., general obligations,but are special, ing of on act, entitled, "An Act Concerning Legal tial housing facilities for elderly . limited obligations of the County, Notices, Advertisements and Publications, and low- and middle-income families payable solely out of the revenues and persons within the County,and derived under the Loan Agreement the Fees of Printers and Publishers thereof, and B. Pursuant to the provisions of or-9he Indenture and pledge and to Repeal all Acts and Parts of Acts in Conflict Article 3 of Title 29, Colorado assigned for their payment in with the Provisions of this Act," approved April 7, Revised Statutes 1973,as amended accordance with the Indenture. (the"Act"),the Comity is author. Section 3. Authorization of the 1921, and all amendments thereof, and particu- . ized to issue economic development Sale of the Series 1979 Bonds. The revenue bonds and to loan Me Sale of the Series 1979 Bonds to ]arty as amended by an act approved, March 30, private piper, Jaffray A Hopwood tutor 1923, and an act approved May , 1931. organzaeeds therefrom to a p Lutheran such as the orat¢tl and Moore J and (heGood Samaritan c Society Minnesota Company, -both of Minneapolis, rwri ) _,^, ''OO (the "Society") to finance certain Minnesota (theand "Underwriter") G improvements and to refinance upon terms and conditions consis P fisher obligations incurred to finance or 'tent with this Ordinance and or aid in financing facilities white approved by a supplemental reso 1/J would have constituted a"project' lotion is hereby approved,author Subscribed d sworn tl`d_before me this _- under ore l had such t facilities a of the and confirmed.dot The n Chairman // been the ua undertaken and of the Board of my erk are is- day of __ AD., 19�L1 financed pursuant to the Act,'and s)oners and County Clerk are C. The Society, a North Dakota authorized and directed to evidence nonprofit corporation, has within such sale by ex ecuting a Bond /� /�f� C./,',44.1.:7-1,41 the past several years acquired Purchase Agreement in the form � and constructed a lac lity 1e approved_ _ _- -_- re J/ ved by a supplemental solu- // p4 • Greeley, Colorado, named .,nom-- -- My commission expires _.LJ_ -.7-Eat Notary Public lend Center, which provides lion,and to deliver The series 1979 nursing some care and health care, Bonds to the order of the Underwri and residential hegeing facilities ter upon payment by.the Under for elderly low-and middle-interne writer of the purchase mice. families and perselft-'(collectively Section 4. Approval and Author the "Project') ecentituting a ization of Loan Agreement. The - Prolect under the Act,and - Loan Agreement date* as of D.The Society desires to finance December 1, 1979, between the certain improvements to the pro- Society as Borrower and the County ject and to refinance certain as Lender, in substantially the same form'as attached hereto as _ .-aiterMUM. obligations nethepreviously incurred to VIMI .y_-„W finance The Project,et and Exhibit A, is all respects cen '''.- s „shat) be made E. Society desiresai sis approved, authorized and can: ^'>• ' r followingthis Ott- by funds wing ndsaitlmpurposes firined and the Chairman el thesr—'11-'1r" r Cy borrowing a principal i funds from the Board of County Commissioners and p net a teC County in 1 a Principal amount not to and the County Clerk are to a ,net atio exceed 51,600,000,and promising to rixee and directed to execute and tM'''''. s '""";'.detplaiMtien, repay the County dated nos a deliver.the Loan Agreement ie k es, form.:- interest Loan Agreement dated as of substantially the form and with rata.registration ultyriy't�eS,man- December 1, 1979 (the "Loan substantially the same content as oer of exe tMeel„plaoosOlpdytndt Agreement") by aeon between-the Exhibit A for and on behalf of the or terms SMedewhiltedofthe Swan County and the Soies and - County. Wynne Y• 1979 eg or pritiC.shall retae F. is hereby found and Section 5. ApprMortgagean and Autlwnture of Net aggregate Bprincipal ,zed et lif determined that the County will zafiTrust.o Mortgage d l ndentu Indenturef $ef)eC y g.Bonds.to a pen l in y issue its oo Bonds (The Ev. Trust.TrustThe as of and1, any way give. County a p•c charge Lutheran Good Samaritan Society of m th as DecembertheComity 1, liability of the Coenly of•tllarge Project) Series 1979 (the "Series 1979,among the Society,the teensy against its general credit or tenting 1979 Bonds")in a principal amount and the Trustee, in substantially pirate With respect to dho Series not to exceed$1,600,000 pursuant to the same form as attached hereto 1179 Genes, in all a Mortgage and Indenture of Trust as Exhibit B, is in respects Section 9. Severabifity. If any dated as of December 1, 1979(thy approved, authorized and con- provision of this Ordinance shall be "Indenture") by and between the firmed and the Chairman of the hew e heminvalid,the invalidity of such County, the Society and a trustee Board of County Commissioners prevision shaft not affect any of the (the "Trustee") to be designated and the County Clerk are author. other provisions of this Ordinance. and that the proceeds therefrom iaetl and directed to execute and ' Section 10. Further Authority. will be used in accordance with the deliver the Indenture in substan The Chairman of the Board of provisions of the Loan Agreement ,tally the form and with sublan- chanty CommisIer p•s and County and the Indenture,and hefty the same behalf a Exhibit B Clerk and ether proper County G. It is hereby found and for and on 'of the County. herbyofficials, ad each of them, are determined that financing certain Section 6. Preparation of Date hereby authority!anon execute and improvements and refinancing the menu. In. order to facilitate Me deliver for and on behalf of the Society's existing obligations incur- issuance of the Series 1999 Bonds, County any and all additional r pa- red in the project in and construe- there are currently being prepare* itrates,'documents and other pa lion of the project in the County will a Preliminary Official Statement,a pets and to perform all Meer acts promote the public health,welfare, final Official Statement and -an they may deem:.necessary or ate. safety,convenience and prosperity Escrow ,very of the exec Wien r0 mate in order to impfemei n of the County and its inhabitants and delivery of the Escrow ant carryout Me matters herein by providing,promoting and sti mu- Agreement on behalf of the Cwally authroaied. prd.- IaTingmorealth ae nand re home by the Chairman of-the.the. of. The above and foregoin/ tare and health care,and resider.-. County Commissioners and the nonce No a was,on Motion duly tial housing facilities for elderly County Clerk-are hereby YAM- made and seconded,floated by the low- and middle-fnceme families riled, subject to approval of 1M following vote en the lath fay of and persons,with the County, and form and substance of the Escrow November,A.D., 1979. N.It is necessary to provide for Agreement by supplemental row- Me Issueante and sale of the Series jWietn, BOARDOF CONNR-Y 1979 Bonds and to outhortse the Section 7. Finding and Deter. COMMISSIONERS execution and preparation of all urination. The Board of Cony. CV E LO COUNTY,COLORADO documents, instruments and acts Commissioners of ten CMinty at Norman Carlson,Chairman necessary canna-Hon in canna-Hon therewith, Weld, Colorado,.hereby finds add 'Lydia Dunbar and determines persurant t0_Salim • C.W.Kirby I. By supplemental resolution ',9—S-103(10)(d)of the Apt that the Lennart L.Roo the County will consider and families and persenanot residing w ,. - June K.Stetemara approve the final detailsof the and who are intended to reside Si - Series 1979 Bonds,and will approve the residential portions of the ATTEST: . and authorize the execution and Project lack the financial ability to Weld County Clerk delivery or Certain documents, pay prices or rentals sufficient to and Recorder instruments and acts In connection indo•e private enterprise le built` and Clark to the Board , therewith, and maintain a sufficient supply of By: Jealklette Ordway Section,.Approval of and author- adequate,safe County the Aivan PPROVEDty AS OkFORM: ization 199Bends.for I Thenies N c e Series liissuance of the Series 1979 Bontls. ThSt aS O. David Cou 'sRe The issuance of Me Section IL Authority to Correct C.uate Attorney LCounty's Revenue Bonds (The ety Errors, Etc.The Chairman ofthe DATE' PRESENTED: NOVEM- Proharan SeriesGeed Samaritan to n Society Beard of County Commissioners BEE TI..1979. Decembect) 1i, i a be wen and County 'Clerk are hereby:" Peblisheel in the' Platteville December. 1, ex e a principal authorized and directed to make or Neram,La Salle Leader,Thursday, amount not to m-- f1,f ectly, agree to any alterations,changes a November 15,1979. with a maximum.-t net eedeeve' additions In the instruments hereby interest rate to be determined atef approved as the chairman of the Supplemental date. and aapppprroval bY. a' Board of County Commissionersad . adopted by Maned f. to be and the County attorney deem Conn, by the tcard s County necessary or proper to accomplish C e team anti with In Itantially th the porpeees.at hole Ordnance and 1M term and with'.sdy`alanflaily the any supplemental resolution; pro- _.__ y r11 ri Affidavit of Publicati•n t Legal Notices i STATE OF COLORADO, 1 sic es County of Weld, 1 ;:ars:z q [p. VENttE' �, OOPS. AN 0 SO"'�y� TO TNR ' i A, 10z2 (/ I(M113 3 P said County of Weld, being duly sworn, say that DIVA V rt,' ,°, DS TO TIIEE1h Js N I publisher. of / ., x 0 SAMARITAN SOCIETY TO �/7/dC-y be.ic:tG 7`('W-t r<_1 LC_ BOND y'' y ANCE IMPROVEMENTS AND �}� > �'y THE inn ,a • SA / OPT MPINANCI DELIG.ATIONS RE• (l1:-/),.,\ ,,L1L,± _/, e8,e al WELD COUNTY, COLORADO, 4,ATING TO THE-ACOU1SITION that the same is a weekly newspaper of general ADD CONSTRUCTION OF THE circulation_rtrd printed andpublished in the *SOCIETY'S COLORADO: WELD 1 COUNTY, COLORADO: APPRO- . .,I VµG. AND AUTHORIZING- THE town of (k.-2:2-11(.4/1/4 2.E�G"�.:-..".-- -.-- EXACUTION OP A LOAN in said county and state; that the notice or adver- AMEEMONT SETWEEN THE SSICITY AHD THE COUNTY AND tisement, of which the annexed is a true copy. _: - - - A MORTGAGE AND INDENTURE has been published in said weekly newspaper 01P TRUST'AMONG THE SOCI- ETV, MIS "COUNTY AND A for _.-__. consecutive TRUSTIEr-'ANO AUTHORIZING weeks; that lb,: notice was published in the THE PREPARATION AND EXE- CUTION OF CERTAIN RELATED regular and entire issue of every number of said DOCUMENTS AND INSTRU- newspaper during the period and time of puhli- MINTS. Ii iT ORDAIPED BY THE cation of said notice and in the newspaper swop •F- .dpNYY COMMIS- proper and not in a supplement thereof: that the Sit ,'it... OF 'WELD COUNTY, COLORADO: first publication of said notice was contained in Diction 1. Recitals. the issue of said newspaper bearing date. the A.The County of Weld,Colerade L� (OW"County"),desires to provide, /., day of T//('Ztecnb i, A.D., 19 7% promote and atimWate the pried- Mom of more adequate nurses. and the last publ aticn thereof, in the issue o: 11 ge Meath and health r -care,a des said newspaper bearing date, the / day of Nat housing facilities for elderly (_ /�, Iaan and middle-income famihs f ICZ1i.272d1G2 19 7 4 that the said pM persons within the County,dull / (.4t-GQS. Pursuant to the provisions el Article f, r! L 1G 3 of Title 29, COHratle � /� / yj� Revised Statutes 1973,as amended /p?" LGs-,12t i->'<Cccz'C'✓_ ___. (Me"Act'),Me County is audior- hos been published continuously and uninterrupt- 'zed to Issue economic development revenue bonds and to loan the edly during the period of at least fifty-two con- proceeds therefrom to a naivete secutive weeks next prior to the first issue thereof oroanization such as the\ay. containing said notice or advertisement above (the"Soran Good American Society (the"Society") toaritafinance testa referred to; and that said newspaper was at the improvements and to refinance obligations incurred to time of each of the publications of said notice, finance or or aid in financing facilitiesfinance welch duly qualified for that purpose within the mean- would have constituted a"prole" inq of an act, entitled, "An Act Concerning Legal ubeenr tha Act a ch facilities originally undertaken and Notices, Advertisements and Publications, and financed pursuant to.the Act,and the Fees of Printers and Publishers thereof, and C. The Society, a North Dahera nonprofit corporation, has, within to Repeal all Acts and Parts of Acts in Conflict the past ieveral years, acquired with the Provisions of this Act," approved April 7, and constructed a facility in lo C Greeley, 1921, and all amendments thereof, and particu- Colorado,which ro named the Boren Co w es larly as amended by an act appro d, March 30, - nursing homo care and health care, 1931. mini iesitlential"housing facilities 192 -aad-�n act approved May for elderly low-and middle-inemne /l families and persons (collectively, the "Project") constituting a -_—la a---C project under the Act,and Pu Sher D.The Society desires to finance certain improvements to the pro- ject and to refinance certainto Subscribed a worn to before me this Of obligations previously incurred to �7 'finance the project, and day of __- - AD., 19-dQ E.The Society desires to obtain the funds for the aforesaid purposes / / _�-'-',' by County inari c ipads from the "f/�, ✓�-///// Conty in a principal amount not to ! exceed$1,600,000,an rsu nmg-ta My commission expires //-7--4,7repay 4Loan the County' pursuaa nt to a - AgreementDecember ,9 dated as 1979 (the• "Lean Notary Public Agreement") by and between the- tr in tin Indenture.is County Clerk are hereby mew - adW1Ii0rased razed sublect to approval of Me .eed. av cpirmes form a-and suyelapst if the Estee. if Sled* ten Aereelnent by suppfomen es tel tale' z. iwet'apmY tte anrk.ere Wien.1. .fled ANedeC:to Section Y. Menne and Mtge' son anne-Nrim let' mintage. The (Seard COW*"OCOW*Ben MIAOW 'te Cmitnafionen lentil,Cann,re tM t Sa veld, coletoloc.heillt arermma STIS OW sera mg ii a lip Ann ea r e, lea.if and sae are ruolea tae ntlKmtallOtin%pe m •prosiedin5 W the pmtiC ..milt TM co 1tie pN ar teK as ceMen le lattucentigntileteretelle, iz . 1 to a/`KAiel f fst1 prmAmin WlthWtAble aM#4ffM in sate Ile I !t* • ivaiK ielMa'4 afaigtte ode Ile ; M Illf the Oft�en le lane Se the tdpnlll'E SUS it soy..ki eta s of tie Jpe ttl.W Or Snit nn m neon at Imi "a fec ic.thKr Iae - 'nand of perti �r iw-an Mfnature rpe rer barn ot - I yeart. Meted matwe spl st. 't not etreSte b is i y be hat[rib_ a OM* raiw erns a it ndartPon'i LTJes�i • -yYyain-Sere` ag&the tee leg K > '.e`. n , p tie Kof r. me spy sunny at4`�{'4 el CMS'Cileennesf Ke� CIS". aoal,Yyer Ty yen clanger Or aM! sit la Se which NS , arpaie�tae pi ma "lant ana" ea er lance_ of `.IS tenSMSM. , or nsolulfoni t e�ra��n}t m the It an net Sher 'iv",YM' rue interest r.tci• . anUfe• unia,, of the date nut Alen• is F IK ib rites.rdpe il s� {oar of ibtMOel1 m Credit M •.:, rates.. or terms if nail net s liner M ft 9 Bbnds M. M' �e tit a aeereeatW ate t ay e f�OletY'e9i?r'� waY�Mae s au a mid+[.. tempi die �' Inbility of the off l*Cr* 5sf-ie•ea IM tor;iffIt tepla eA_,ypimat le alalnst its geferitctaolt weries e v t!we• rs vdm realest 3. Ana' 1. the I�H coon Series'WTI. The revision feerainttfe• le any Sete M the Series 19X9 Seeds to add roan to Bmeinalist be held invalid the m effect y ateeh, pu Iaffny a frepYsw ter"-d provision shall not effect ally el the genie aM hfoare Jxes,anp ether previsim5'of this Ergmanee. bon el MecwritotN. Settles le. Further .SIOY. u pS• rti (the "UMBss consi t Chairman el mo 1prd of a teat and conditions comic- County Commissioners as t nits tent with this Ordinance and Clerk and other proper County- appears herebyby a supplemental resothor- officials, and each,of them, are lease is contirapproved, author hereby authorized N esecwn and of and confirmed. Chairman deliver for and on behatt of the of the Board of County Commis- County any ant tall curt,- authos and County to erk are. „sate;, documents-And.. to pa authorized and directed to evidence pert ahb"tg pertorr.Ale acts such sale by executing a Sind they may-deem necessary or ap- Purchase Agreement in n the form propriate in order to implement approved by a supplemental nit and carry wt the eiallers'herein M N ties,a deliver the Series authrozzed Bemis to the ymer of the Undertows.r - ter open payment by Un der- writer Und - writer el the purchase price.. The above and foregoing Ordi- nance No. Se was,on motion duly Section 9.'Approval and Auther- made and seconded,adopted by the fixation of Lean Agreement. The futioaft a•eteon the ".-.A au • Loan Agreement dated es of ceabW 479. • De 1. 19794:between the BOARD OF COUNTY Society:as serrower and the County COMMISSIONERS as Lender, in smt)atenWlly the WELD COUNTY,COLORADO same form as aNdCBea.Rere9a..aa `_NM QU QU et '7!.Shroy •,..-ut +Jri a-Jdd aei f' i \Lydia Dunbar F. It es hereby found and approved, a ad C.W.Kirby determined that the County will firmed and the Chairman of n the Leonard L:Rae issue its Revenue Bonds (The Ev. Board el County Commissioners June R.Steinmark Lutheran Good Samaritan Societeety and thy[ County Clerk are minus- NEST: treiect) Series 1979 (the "Series rind,and directed sa execute and Weld Courtly Clerk and Recorder 1979 Rends")in a principal amount te deliver the Loan Agreement.in d Clerk to the Beard aet to exceed end In ent perel lrh substantially the form and with en a aeertaage entliede r 1. t substantially the sine Mattel as "(QDa�p tr County Clerk dated as of December 1, 1979(the -countit A for and M behalf of the APPROVED AS TO FORM: "Indenture") by and between tee (gamy. (the the So to and a trustee -Section S.Appre an and Auuberi- City Attorney (the "Trustee") to ed dthere ted, zapped The Mora ledeneere ntuof DATED: OCTOBER'10, 1979 and that. Me s therefrom( Te Trust Mon and Indenture Published in E tee Platteville Will be used in accordance with the iet n,.among t noted December 1, pravis en of the Lean Agreement 1979,a the Society,the County OWNS La SalleLeader,Thursday, and the Indenture,and and Me Trustee, at substantially Wyemaer O. It is hereby found .lind the same form as attached hereto _ determined that financing certain paa1evemt B. it go _ - - sdle ieleMe'en4 reisMm p 1hp, red111he prej d1 pCFoadats soft of a a filord erlfteeln'1gd vylll and tie COOS ct li MI. safre ODOWIT- ely,etbappbnce and be. end aIa t S Sift.convenience tie l epertf S t ► ofSOO - r the County and %.Ian dstln to 'tltpy the en!e i t Weeteo tryl fltheM dgerqua AAd1tame MNaebRa etes§1ieeSy alth care,andSSew Ifranieyt.Petlit the . • Ism haltit rare.atar eahMR Shod* filet an S Sieges fur,elderly 'thew It orf e ..$, al OS and s,withintone hmtiya etrrenh . O'Clmada, gl15Mr�si Ma M e QNM►,OS Site l a Wet is necessary a Owl*fey .a alrye*gi . MI Wends and Yeeut true We 1 � eaecptN.00000 is e e deli aea. too Ste tape. p eeefeslf' d eutne add preperellen ef ad -ands delivery aF the Escrow netumwb, MSIromN(e and tits dyrysons at et Ma Sissy smeary in yalaMM Igor ll 'My Re Ccsivete bend et and foully Cosedds and S . .. tdlbYlni.ili vvv_u._v..., ti O � � i t1 i Affidavit of Publication STATE OF COLORADO, 1 ss. County of Weld, 1 1, Paul. Massey Page 12 LEApi'rWHERALD November 15, 1979 • 7 _ of video however, no alteration, Aar*Kb' - Ilion shall be made said County of Weld, being duly sworn, say that - beg •`, =r, following the 1 publishe 'yg reef in this Ordi- Platteville Herald -, I ,. ,."n• --LaSal1S_ Leader FINAL • FREAOINE• . ~MR M� 'H 'nmum net a/Nu ORDINANCE NO.SS Mel aalRrfaN ' icifee rote, denomination, that the some is a weekly newspaper of general and coal •„age daft aIaUss s. s.nt .interest circulation and printed and published in the AN ORDINANCE RELATING of the Board of County 1 Nnfs.'' wales,es.,man- TO THE ISSUANCE OF REVE- sioners and the-County Clerk are net._ payment- town of -._ Platteville NUE BONDS UNDER THE PRO- • hereby mitten-110d and dlOKfed:id '.or 4emadl:WlllaMF rl`ot eSeriei ---- VISIONS OF THE COLORADO execute and seal the Series 1979 ' 1979 G dsrdi which shaft increase in said county and state; that the notice or adver COUNTY' AND MUNICIPALITY Bonds in the manner tite'aggl'fgate prinefyalamount of provided in lisement. of which the annexed is a true copy, DEVELOPMENT REVENUE the Indenture and to deliver them to Series ay give ri s,aulhorpec or in BOND ACT; PROVIDING FOR the pruchaser hereinafter desig- any way give rise.to a pecuniary has been published in said weekly newspaper THE ISSUANCE AND SALE OF nated for and on behalf of the liability of the County or a charge WELD COUNTY, COLORADO, County, and,upon receipt of the against'its general credit or taxing for 1 consecutive REVENUE N BONDS (THE EV. Purchase price to deposit the Powers with respect to.the Series weeks: that th notice was published in the LUTHERAN GOOD SAMARITAN proceeds thereof with the Trustee 1979 BOan5. SOCIETY PROJECT) SERIES ' in the manner provided by the ' Section 9. S Ordinility.s If any regular and enure issue of every number of said 1979, IN A PRINCIPAL AMOUNT Indenture-The Series 1979 Bonds provision of this Ordinance shall be newspaper during the period and time of publi NOT TO EXCEED$1,100,010 FOR shall be issuable as coupon bonds in held invalid,the invalidity of such THE PURPOSE OF LOANING the denomination of $5,000 each, provision shall not affect any of the cation of said notice and in the newspaper FUNDS TO THE EV. LUTHERAN registrable as to principal d;only,and other provisions of this Ordinance. proper and not in a supplement thereof; ,hat the GOOD SAMARITAN SOCIETY TO as fully registerregisters,. y without Section 10. Further, Authority. FINANCE IMPROVEMENTS AND coupons in the denomination o: The Chairman of the\Boartl of first publication of said notice was contciined in REFINANCE OBLIGATIONS RE- $5,000 or any integral multiple County Commissioners and County the issue of said newspaper bearing date the LATIN() TO THE ACQUISITION thereof (but not in excess of the Clerk and other proper Cobnty AND CONSTRUCTION OF THE principal amount of Series 1979 officials, and each of them, are 15 day of November A.D., 19 79 SOCIETY'S CENTER0.IN WELD Bonds maturing in any particular hereby authorized to execute and and the last publication thereof,e::i, in the issue ci COUNTY, COLORADO: APPRO• year).The Series 1979 shall mature deliver for and.on behalf of the VING AND AUTHORIZING THE at such times not exceeding County any and all additional certi- said newspaper bearing date, the 15 day ei EXECUTION OF A LOAN twenty-five years from date of *cafes, documents and -other pa• AGREEMENT BETWEEN THE issuance,shall bear interest at the pers and to perform all other aft, November 1979; that the said SOCITY AND THE COUNTY AND rates,be payable at the place and they may deem necessary or ap- A MORTGAGE AND INDENTURE be subject to the terms of propriate in order to implement Platteville Herald OF TRUST AMONG THE SOLI- redemption set forth in the Inden- and carry out the matters herein La Salle Leader ETY, THE COUNTY AND A tune and as shall be finally authrozied. - _._ TRUSTEE,: AND AUTHORIZING approved and provided in a The above and foregoing Ordi• has been published continuously and uninterrupt- THE PREPARATION AND E%E- supplemental -resolution of the nance Na. 51 was, on motion duty CUTION OF CERTAIN RELATED Board of County Commissioners. made and seconded,adopted by the edly during the period of at least fifty-two con- DOCUMENTS AND INSTR U- The Series 19]9 Bonds shall never following vote on the Nth day of secutive weeks next prior to the first issue thereof MENTS. constitute an indebtedness of the - November. A.D., 191E SE IT ORDAINED BY,THE County within the meaning of an, • containing said notice or advertisement above BOARD OF COUNTY COMMIS- BOARD OF COUNTY provision or. limitation of the referred to; and that said newspaper was at the STONERS OF WELD COUNTY, Colorado Constitutionor statutes or COMMISSIONER? COLORAQQ: WELD COUNTY,COLORADO time of each of the publications of said notice, the County's Home Rule G,arrer, Section 1. Recitals. and shall not constitute or give rise Norman Carlson,Chairman duly qualified for that purpose within the mean- A.The County of Weld,Colors: to a pecuniary liability of the Lydia Dunbar trig of an act, entitled, "An Act Concerning Leger! (Me County"),desires to provit County or a charge against its C.W:Kirbt promote and stimulate the pro- generalLeonard L.Rot Notices, Advertisements and Publications, and son of more adequate nurse,', h June K.Steinman! home and health care,and reside•: The Series es credit or taxing 1979 Bonds are not powers. the Fees of Printers and Publishers thereof, and general obligations,but are special. Bat housing facilities for elderly limited obligations of the County, ATTEST: to Repeal all Acts and Parts of Acts in Conflict low- and middle-income families payable solely out of the revenues Weld County Clerk with the Provisions of this Act," approved April 7, and persons within the County,and derived under the Loan Agreement and Recorder B. Pursuant to the.provisions of or the indenture and pledge and and Clerk to the Board 1921, and all amendments thereof, and particu- Article 3 of Title 29, Colorado- assigned for their paymentin By: Jeannette Ordway - ty larly as amended by an act approved, March 30, Revised Statutes 1973,as amended accordance with the Indenture, De pROVEDtyA jerkTO FORM: (the"Act"),the County is author Section- 3. Authorization of the • 1923, and an act approved May 1f3, 1931. ifatl teissue economic development Sale of the Series 1979 Bonds. The Thomas O. David /-1 revenue bonds and tit loan the Sale of the Series 19]9 Bonds to. .County Attorney (//``% rr proceeds therefrom to a private Piper, Jaffray & Hopwood Incor DATE PRESENTED: NOVEM �7 organization such as the Ev. porafetl and Moore Juran and BER 19, 19)9. ----- Lutheran Good,Samaritan Society Company, both of Minneapolis, Published in the Plattevill ublisher (the "Society") to finance certain Minnesota (the "Underwriter") Herald,La Salle Leader,Thursday improvements and to refinance November IS. 1979. Subscribed an sworn to before me this 1D obligations incurred to finance or upon terms and conditions consis or aid in financing facilities which tent with this Ordinance and -- day of _ _Alt,.__.. A.D., 19._79 would have constituted a"project" approved by a supplemental reso -- under the'Act had such facilities lotion is hereby ed.ap The author been originally undertaken and of thed and confirmed.The Chairman �� '/-y(�//� financed pursuant to the Act, and of Board of County Commis. / /l{-� C. Tile'Society, a North Dakota sioners and County Clerk are a,/f nonprofit corporation, has, within such utaorized by executing ected to evidence 1/���/%9 the past several years, acquired sale•by a Bone My commission expires ! _P__/-_�.—._ and constructed a facility in Purchase Agreement supp nT n the form -- --- - _ approvedk�u+a svpptc onto!resolu- Notary Public Greeley, Colorado, named Hie ion stGgdelie¢r the Series-1979 Donee Center, which Provides, sandson peyrder of the rider rl auras*home care and health care, or upon *mint by the Under and residential housing -into a writer of the purchase trios - for elderly low-and middle-income - - Section 4. Approval and Author and persons a ization of Loan Agreement The, Ibe "Project") constituting a Lean Agreement daft* as of project under the Act, and December 1, 1979, between the D.The Society desires to financeSociety as Borrower and the County certain improvements to the pro- as Lender, in substantially the jKl and to je t and certain o 'same form'as attached hereto as eMigatlons previously incurred to Exhibit A. is ;n all respects Nuance the Project,and approved, authorized' and con. E.The Society desires to obtain firmed and the Chairman of the the funds for the aforesaid purposes Board of County Cotnnsissioners by borroviprin funds- from the and the County Clerk are autho• County in'a principal amount not to rued and directed to execute and exceed 51,600,000,and promising to deliver the Loan Agreement in repay the County pursuant to a substantially the form and with Lenn Agreement dated as of substantially the same content as December 1, 1979 (the "Loan Exhibit A for and on behalf N the Agreement") by and between.the County. • County and the Society, and Section S. Approval and Author'. F. It is hereby found 'an0 ration of Mortgage andindentere of .• determined that the Oouniy win Trust.The Mortgage and Indenture Issue its Revenue Bonds (The Ev. of Trust dated as of December I, ct) Good Samaritan "Seri s 5979,among the Satiety,Me Comity ' haiect) Series 1979 (the aSeries arid the Trustee,,,in substantially 1979 Bonds")in a principal amount the same form as attached hereto net to exceed 51,600,000 pursuant to as Exhibit 0, is in all respects j a Mortgage and Indenture of Trust approved, authorized and cen- dated as of December 1, 1974 (the firmed and the Chairman of the "Indenture") by and between the Board of County Commissioners County, the Society and a trustee and the County Clerk.are author- (the hatt"Trustee") to ebed designated.- ized and directed to execute and and that the proceeds therefrom deliver the Indenture In' whiten- will used in accordance with whiten- willbs the the tially the form and with substen- provlsiens of the Loan Agreement tially the same content as Exhibit B and the Indenture,and for and on behalf of the.COWNy. found and I G. It is- hereby Section 6. Preparation of Deco- determinedvrve that d financing certain ments. In order to.facilitate Me ' Improvements and refinancing the issuance of the Series 1979 tlends• Society's existing obligations incur- there are currently being prepared construc- t ti in the acquisition ect in the County will a Preliminary Official Statement,a Lien of theP 1 final Official Statement and an promote the public welfare, Escrow Agreement.The execution ` safety,convenience and prosperity and delivery of the Escrow I of the County and its inhabitants Agreement on behalf of the Comity by providing, tine stimu- g by the Chairman of tae Board N lain more adequate nursing home County Commissioners and the r care and health care,and resitlen- County Clerk are hereby auto- Bel housing facilities for elderly cited, subject to approval N the low- and middle-income families form and substance of.the Escrow ii and persons,with the County,and Agreement by.supptementat me- lt l It is necessary provide for lotion the isBonds a and sale of the Series Section 7 Finding'and Deter- e execution Bonds and to authorize the mination. The Board of County execution and preparation of allCommissioners of the County N o documents, instruments and acts Weld, Colorado, hereby finds and t - necessary in connection therewith, determines pursurant to Section arid '29—J-10s(10)(d)of the Act Mat the I. By County upplemental resolution, families and persons not residing in t the Co e will consider and and who are intended to reside in a approve the final details of the the residential portions el the Series 1979 Bonds,and will approve project lack the financial ability te S and authorize the execution and pay prices or rentals sufticlem to delivery or certain documents, indn'e private enterprise en MAW instruments and acts in connection and maintain a,sufficient supply N therewith, - adequate,safe and sanitary dwN- Section2.Approval of and author- lings in the County without Me {catkin for Issuance of the Series issuance of the Series 1979 mends. 1979 . The issuance N the section 0. Authm'ity to Correct County's RevenueBonds (The Ev. Errors, Etc.The Chairman of the Lutheran Good Samaritan Society Board of County Commissioners Protect) Series,1979,to be dated. and County Clerk are Welty December 1, 1979, in a principalWelty authorized and directed to make or amount not to exceed 51,600,000, ' agree Many alterations,Challpoor with a maximum net effective additions in The instl'umeilts hereby interest rate to be (ded at a approved as the Chairman of tte ppl date and approved by a a Board of County Committals'', supplemental resolution to a-bs and the County Attorney deem adopted by the Board N County necessary or proper to accompbsh he term wi, in substantially Me purposes N Me Ordinance and the term and with substantially the any supplemental resolution; pro- ty /v a' L �� Legal Notices 9h ` iv 2nd READING, content set forth in the Indenture,Is County Clerk are hereby auth9- ORDINANCE NO S! � ' oin all respects roved,authorized rued, subject to approval of the AN ORDINANCE RELATING an- conitr _ and the Chairman form and substance of the Escrow y Affidavit of Publication TO THE ISSUANCE OF REVE- y Clerk are hereby authOrtiAgreement by supplemental reso- sionersf antl-the Boar- CounCountt [ommlf- s NUE DE E PRO——lotion. ed and directed to VOUN ' NE , 'ORADO Section 7. Finding and aunty ' -- COUNT IPALITY execute and 1 the Series 1979 minahon. The Board of County Bonds t noer rovided in DEVELO EVENU P Weld, olo of the County of E' bondse in nt1 t0d¢livertihemm STATE OF COLORADO, M BHE tSSU T� NG For .. Weld, Colorado, hereby finds and ss. . TEE ISSUA ' SALE Old the pruchas erebehalnat r desig- determines p(d)of ot to Section County of Weld, 3 " WELD COUNTY, COLORADO,^ Cared for and on behalf of the 19-3liesan 0)(d)of the Act that the REVENUE BONDS (THE EV. County, and Open receipt of the families and persons not ng in purchase price to deposit the and who are intended to reside in LUTHERAN GJOD SAMARITAN proceeds thereof with the Trustee the residential portions of the �7vL/ SOCIETY PROJECT) SERIES in the manner erovided by the f' _ - - • °f 1179, IN A PRINCIPAL AMOUNTProject lack me financial ability to NOT TO EXCEED $1,600,000 FOR Indenture. The Series 1979 Bonds pay prices or rentals sufficient to said County of Weld, being du y sworn, say that shall be issueble as coupon bonds in induce private enterprise to build I amp fisher of THE PURPOSE OF LOANING the denomination of 55,000 each, ../ FUNDS TO THE EV. LUTHERAN registrable as to principal only,and and maintain a sufficient supply of (//how lfize/VC/GP GOOD SAMARITAN SOCIETY TO as fully registers" ^nods without adequate, sale and sanitary dwel- (SG. P%GtPJ.� FINANCE IMPROVEMENTS AND coupons in the denomination of lings in the County without the -- --- REFINANCE OBLIGATIONS RE- $5,000 or any integral multiple issuance of the Series 1979 Bonds. that the same is a weekly newspaper of general LATING TO THE ACQUISITION thereof (but not in excess of the Section 8. Authority to Correct circulation d printed and published in the AND CONSTRUCTION OF THE principal amount of Series 1979 Errors, Etc. The Chairman of the gg SOCIETY'S CENTER;IN WELD Bonds maturing in any particular Board of County Commissioners town of .a[.3t1P41 9-18i COUNTY, COLORADO: APPRO. year).The Series 1979 shall mature and County Clerk are hereby VING AND AUTHORIZING THE at such times not exceeding authorized and directed to make or in said county and state; that the notice Cr adver- EXECUTION OF A LOAN twenty-five years from date of agree to any alterations,changes or lisement, at which the annexed is a true copy, AGREEMENT BETWEEN THE issuance,shall bear interest at the additions in the instruments hereby SOCITY AND THE COUNTY AND rates, be payable at the place and approvetl as the Chairman of the has been published in said weekly newspaper A MORTGAGE AND INDENTURE be subject to terms of Board of County Commissioners for / OF TRUST AMONG THE SOCI- redemption set forth in the Inden- and the County Attorney deem --- ___. . consecutive ETY, THE COUNTY AND A ture and as shall be finally necessary or proper to accomplish weeks; that the nonce was published in the TRUSTEE:. AND AUTHORIZING .approved and provided in a the purposes of thie Ordinance and regular and entire issue of every number of said THE PREPARATION AND EXE- supplemental resolution of the qany supplemental resolution; pro- CUTION OF CERTAIN RELATED Board of county Commissioners. vide(', however, no alteration, newspaper during the period and time of publi- DOCUMENTS AND INSTRU- The Series 1979 Bonds shall never change or addition shaIl be made MEETS. constitute an Indebtedness of the which shall alter, following the cation at said notice and in the newspaper BE IT ORDAINED BY THE County within the meaning of an-, establishment thereof in this Ordl- proper and not in a supplement thereof; That the BO0OO 'F' oytiTY COMMIS- provision or limitation of the Sit ..R,. OF WELD COUNTY, Colorado Constitutionor statutes or first publication of said notice was contained in nance or in a supplemental resolution,the maximum net ell ec- COLORADO: the County's Home Rule Garret, -five interest rate, tlenomination, the issue o1 said newspaper bearing dale. the Section 1. Recitals. and shall not constitute or give rise - day of �//,�yl�°d'/f_� p A.The County of Weld,Colorado to a pecuniary liability of the date, maturities, form, interest L- , A.D., 19/ ; (the"County"),desires to provide, County or a charge against its rates,registration privileges,man- and the last pul$lic olicn thereof, in the issue of promote and stimulate the provi- general credit or taxing powers. ner of execution,places of payment lion of more adequate nursing The Series 1979 Bonds are not or terms of redemption of the Series said newspaper bearing date, the / day of home and health care,and resitlen. general obligations,but are special, i 979 Bonds or which shall increase 2 9 (. Jc 0— /y, )._. tlal housing facilities fir elderly limited obligations of the County, the aggregate principal amount of i. 19 ��; that the said low- and middle-income families payable solely out of the revenues series 1919 Bolds authorized or in and persons within the County,and derived under the Loan Agreement any way give rise to a pecuniary 67e -�[�(GdGL- liability of the County or a charge �4.�Pa&dome.) Article 3 of Title 29, Colorado assigned for their payment in against its general credit or taxing ' Revised Statutes 1973,as amended accordance with the Indenture. Powers with respect to the Series has been published continuously and uninterrupt (the"Act"),the County is author. Section 3. Authorization of the 1979 Bonds- edl during theized tO issue economic development Sale of the Series 1979 Bonds. The Section 9. Severability. It any y period of at least fifty-two con- revenue bonds dntl 10 loan the Sale of the Series 1979 Bands to Provision of this Ordinance shall be secutive weeks next prior to the first issue thereof proceeds therefrom to a private Piper, Jaf fray 11 Hopwood Incor- held invalid,the invalidity of such, containing said notice or advertisement above organization such as the Ev. porated and Moore Juran and provision shall not affect any of the Lutheran Good Samaritan Society company, both of Minneapolis, other provisions of this Ordinance. referred to; and that said newspaper was at the (the."Society") to finance certain Minnesota (the "Underwriter") Section Ip. Further Authority. time of each of the improvements and to refinance upon terms and conditions consis- The Chairman of the Board of publications of said notice, p duly qualified for that purpose obligations incurred to finance or tent with this Ordinance and County r and County within the mean or aid jn financing facilities which approved by a supplemental reso- Clerk and other proper County ing of an act, entitled, -An Act Concerning Legal would have constituted a "project" lution is hereby approved, author- hereby and each of them, are under tha Act had such facilities ized and confirmed.The Chairman hereby authorized to execute and Notices, Advertisements and Publications, and been originally undertaken and of the Board of County Commis- deliver for and on behalf of the the Fees of Printers and Publishers thereof, and financed pursuant to the Act,and sioners and County Clerk are County any and all additional certi- to Repeal all Acts and Parts of Acts in Conflict C. The Society, a North Dakota authorized and di rected to evidence Iicatez, documents antl other pa nonprofit corporation, has, within such sale by executing a Bond pert and to perform all other acts with the Provisions of this Act" approved April 7, the past several years, acquired Purchase Agreement in the form they may deem necessary or ap- 1921, and all amendments thereof, and portico- and constructed a facility in approved by a supplemental resolu- propriate in order to implement Greeley, Colorado, named the lion,and to deliver the Series 1979 and carry out the matters herein lady as amended by an act approved, March 30, Bonell Center, which provides Bonds to the order of the Underwri- authoozzed. 1923, and act approved Ma y 18, 1931. ._. carenursing home l health care, r upon f payment by the under- The above and loreootioing Ouly �i/✓1]/ and residential housing facilities writer of the purchase price. nano N 58 was, motion duly �,' ,'O for elderly low-and middle income Section 4. Approval and Author- made and seconded,adopted by the Cam` families and persons (collectively, ization of Loan Agreement. The loll°`° 9 vote on the day the "Project") constituting a Loan Agreement dated as of of A.D., Publisher project under the Act,and December 1, 1979, between the 1474_ `• D.The Society desires to finance Society as Borrower and the County BOARD OF COUNTY Subscribed o sworn to before me thislie certain improvements to the pro. as Lender, in substantially the COMMISSIONERS ///�, _/p Obligations and to refinance certain same form as attached beret(' as / WELD COUNTY,COLORADO day of _JLJ� I-nil e'L A D 1`9 Obligations previously incurred to Exhibit A, is in all respects Norman Carlson,Lydia Dunbar i finance the Project, and approved, authorized and con- Y trby The Society s to obtain Board and the Chairman of theLeo C.W. Roe ` / }�//i ).7 ,/- the funds for the aforesaid purposes Board of County Commissioners June tlL.Roc y.- el f "�? / tl by borrowing funds from the and the County Clerk are autho- June K.Steinmark J JL- ST: County in a principal amount not to rized and directed to execute and WCIdECoun}Y Clerk _ i exceed$1,600,000,and promising to deliver the Loan Agreementand Recorder My commission expires --/ �� repay the County pursuant to a substantially the form and with and clerk to the Board Loan Agreement dated as of substantially the same content as B Deputy Notary Public December 1, 1979 (the "Loan Exhibit A for and on behalf of theV County Clerk Agreement") by and between the County. APPROVED AS TO FORMS / County and the Society, and F. It is hereby found -and,, determined that the County wh$�pI issue its Revenue Bonds (The Evty Lutheran Good Samaritan Society777 Project) Series 1979 (the "Serial;. 1979 Bonds")in a principal amount not to exceed;1,600,000 pursuant/e''I a Mortgage and Indenture of True, dated as of December 1, 1979(tee "Indenture") by and between tee County, the Society and a trustee (Me "Trustee") to be designated.and that the proceeds therefrom wilt-be-used In accordance with The provisions of the Loan Agreement,. and the Indenture,and Section S.Approval G. It is hereby found and al's determined that Rnaneing cNMY zatien er Mortgage any Attorney imdreeements and refinancing MID ( Trust.The Mor ED: OCTDEEi.N, 1979.Society's ants a d refs obligations incur. I of Trust Wadi I, Published m the %psbeville rod acquisition ibn and ns incur. 1979,*mans. County Herald,La Salle Leaden:Thursday, Hanel Me project In the County .wet* and.Me Torm a attached substantially ssevemtier 1,1979. _ --..eremite the public health,welfare, as same form as in a hereto - St the,convenience and prosperity' appas eased,Exhibit B. la in all respcan- M /M County and its l stf MO limed and e awair and can- Sawa hying more promoting and SNAi Beardofthe Chairman is of the refine more adequate nursing Sense unty clerk Commissioners are author- careand health care,and resides*- in an lite County dt ohexec to ant nor housing facilities for eat* inn directed to execute and low- and middle-income fa deliver the rm..stere th substns-. and persons,with,%p..G9bA:' salty ishe. eco ne with aubeft I PC D,IS=aat�dal . - fec analty 00 be tl of t the Exhibit� rMfqueamtf famed be behaH r CauDoe 1g„ ranee ant Ili Mielhirimi led Section 4. Preparation of Dote-. 1 execution and preparation•F el F. masts. 1n order e r i facilitate VD, Bal s{ documents, liniment*iota use issuance e currently the Series be elf BessQd 1 necessary la ceamfedoe diriitHB, there are al Sta emenrq ' and a Preliminary l_StaOffite Statement.anti .O _- y supplemental resohHNn. HMI Official_Statement anti iM the County will consider and Agreement The exeealMa approve the final details M Meand tlelivefy of the Fronts Series 1719 Bonds,and will aileron by on behalf of the Coed, by the Chairman of the Bard et and authorize the execution and delivery or certain document'. County Commissioners •end the instruments and acts in connetnee -- Therewith. Section7.Approval of and author- 'xenon for Issuance of the Series 1979 Bonds. The issuance of the County's Revenue Bonds (Tin Ev. . Lutheran Good Sainaritan Society Project) Series 1979, to be dated December 1, 1979, in a principal amount not to exceed 51,610,011. with a maximum net effective interest rate to be determined at a future date and approved by p supplemental resolution to be adopted by the Board of County Commissioners, in substantially the form and with substantially the "c; • ( i ;», ky 't"n • . r y' .e re .. 't� pp^��� A m Ct 3J •=at„' t .xvt, . 4r,.,.. A0.; Ma Oft IN • AT'Or NtV* 'CONFERS NO RIGHTS UPON.THE.CERTIFICATE HOLDER. _Y.S -Ie 1 ” l';'-...:e..a}.°laa,. ,-, .„i.. ,m.4_Ammo, _It p.,,'ofluta. ;COVERAOEyAFFORDED BY>THE POLICIES LISTED BELOW. ,-, y _ t NAM( 'NO +DCVI�>.td)r AP N. COMPANIES AFFORDING COVERAGES MARSH & McLENNAN, INC. DMP,,NS A 222 SOUTHErrE-t RIVERSIDE PLAZA - U `' FIR "^iSE?"-Th.yUC CYlMPANY__ CHICAGO, ILLINOIS 60606 4r` E MP 2" HARBOR INSURANCE COMPANY ` - E-rC"t V °y '4 EV. LUTHERAN GOOD SAMARITAN SOCIETY C MP INI, D .; ; 1000 WEST AVENUE NORTH _EFER f SIOUX FALLS, SOUTH DAKOTA 57104 L EMPANV ErTER E ,_ h, s La parley:hat ode r, erepance i Pied cenw 4ave been issvad to ,`e msurec namec aoove and are in mrce at the rime. Norwil I ld rL any reau.rement,term or c.no r On ^t any.;. trecr or ortor dccurre_oe with rer_reC town sh this cert irate may he se ec or Tey pertain, the insurance afforded by the mbc dear'oed herein is subject to.,I The r. y..-. Jms, rmlusisns tirocoot' o a of such r c ^S f _ �I Limits or Liability in Thousands(000) e I Pout' u Ncece oLCY .i—._- GENERAL LIABILITY ! — —4. I erl . S 1St RRCHE lr M LSE E h TI' $ Serr — - —R, 1 n F PfR M F g5 I PM_Fr ::L - rU r,an r�r., Into k r. ran, i '. , ter at rr ,n°Rr _._ —..y .+, — _off " , t - _ 'r. ri ' 7 AUTOMOBILE LIABILITY R IL ii - Crnrr If Si=- Po ' EXC ESS LIABILITY 1 A_ X 523-317612 1-1-85 (.A) 20,000 s 20,000 B iI HI 180040 1-185 (B) 10,000 10,000 I =� J. .L7s C F° s,�i Cr. , 1 , .g,, z and I r v1' dL et EMPLOYERS LIABILIT'! -- _—�_- � f$ OTHER Bonell 050 I Location 708 22nd St. , Box 1508 t Greeley, CO 80631 SCRIP ION r —,. DI a'I v5 l L,I IS tt Coverage applies excess of Underlying provided by Zurich Insurance Company (A) Limit 520,000,000 each occurrence/annual aggregate excess of Underlying; (B) Limit 310,000,000 each occurrence/annual aggregate excess 520,000,000 excess Underlying. _ Cancellation: Should any of the above descr,bed poliaec be c:r.v II L of fore the expiration date merest. the issuing com- pany will enaeavor to mail 60 days written notce the below namec certificate holder, but failure to t mail such notice shall impose no obligation or liarulity of any kind upon the company- INANE AND enter I '5EROr L,Ar'_H01 DER'. Wald County, Colorado DATE 1ssuEr,: February_2 1984 27 El / All�r'r.R/'SIZED REP tN fAIll(E._� ''1 ACORD 25(1.79) /,_ Hello