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TC Ord. No. 1986-17ORDINANCE N0. 86-17 Series of 1986 AN ORDINANCE AUTHORIZING AND DIRECTING THE ISSUANCE OF UP TO $2,700,000 AGGREGATE PRINCIPAL AMOUNT OF THE TOWN'S SPORTS FACILITIES REVENUE REFUNDING BONDS, EXECUTION AND DELIVERY OF A SPORTS FACILITIES REFINANCING AGREEMENT WITH BEAVER CREEK ASSOCIATES, INC. AND RELATED DOCUMENTS; AUTHORIZING AND DIRECTING THE EXECUTION AND DELIVERY OF SUCH BONDS; PROVIDING FOR THE PRINCIPAL AMOUNT, NUMBERS, PROVISIONS FOR REDEMPTION AND MATURITIES OF, AND RATES OF INTEREST ON, THE BONDS, AND AUTHORIZING CERTAIN TERMS TO BE DETERMINED BY SUBSEQUENT RESOLUTION; DETERMINING REVENUES TO BE PAID FOR SUCH PROJECT; AUTHORIZING INVESTMENTS; APPROVING COUNSEL; AUTHORIZING INCIDENTAL ACTION; CALLING A SPECIAL PUBLIC HEARING; AND REPEALING INCONSISTENT ACTIONS. WHEREAS, the Town Council by Ordinance No. 81-23, Series of 1981, approved a sports and recreational facilities project (the "Project") for Beaver Creek Associates, Inc. (the "Company") pursuant to the County and Municipality Development Revenue Bond Act (the "Act") and issued $2,700,000 aggregate principal amount of Sports Facilities Revenue Bonds (Beaver Creek Associates Project), Series 1981 (the "1981 Bonds") which have been called for redemption on September 1, 1986 pursuant to the terms of the Trust Indenture under which such 1981 Bonds were issued; and WHEREAS, the Town has determined to enter into a Sports Facilities Refinancing Agreement (the "Agreement") with the Company and to refund the 1981 Bonds and re-finance the Project and its related costs by the issuance and delivery of up to $2,700,000 in principal amount of its bonds to be known as "Sports Facilities Revenue Refunding Bonds (Beaver Creek Associates Project), Series 1986" (the "Bonds") to RepublicBank Dallas, National Association (the "Lender"), which Bonds are to be guaranteed by Vail Associates, Inc. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, AS FOLLOWS: SECTION Agreement between meeting at which (copies of which hereby approved, accept or consent 1. APPROVAL OF AGREEMENT. The form of the the Town and the Company presented to the this Ordinance is considered for final reading shall be filed with the records of the Town) are and the Mayor is hereby authorized to execute, to, and deliver, and (where appropriate) the D4880 2 07/02/86 Town Clerk is hereby authorized to affix the corporate seal of the Town to, and attest a document in substantially such form and upon the terms and conditions therein set forth under such date and with such changes therein as such officers shall approve, such approval to be evidenced by their execution thereof. SECTION 2. ISSUANCE OF BONDS. The issuance of the Bonds is hereby authorized. The form of the Bonds set forth in the Agreement is hereby approved; the Bonds shall be executed on behalf of the Town by the Mayor and the Town Clerk in substantially the form approved herein with appropriate insertions and variations, and the corporate seal of the Town is hereby authorized to be affixed thereto; and the Mayor, Town Manager or Town Clerk is authorized and directed to deliver the Bonds to the Lender against receipt by an Escrow Agent or the Trustee in respect of the 1981 Bonds of the principal amount of the Bonds for deposit and application as provided in the Agreement and related documents. SECTION 3. TERMS OF BONDS. The Bonds shall be dated as of their actual date of delivery, shall bear interest at a fixed or variable rate, shall mature not later than September 1, 2001, and shall be issued as fully registered bonds in such denomination as shall be specified in the Agreement, not to exceed $2,700,000. Pursuant to Section 6 of the Act, the maximum net effective interest rate for the Bonds shall not exceed 450 per annum. The principal amount, numbers, maturities and provisions for redemption or prepayment of, the rate of interest on, any registration and exchange privileges of and the rights upon default of, the Bonds shall be as set forth in the aforesaid form of such Bonds and in the form of Agreement hereinbefore approved, which forms are hereby incorporated by reference as if set forth herein in full. The final aggregate principal amount, maturity schedule, fixed or variable interest rate or method for determination thereof, redemption prices, and any Escrow Agent, trustee, registrar, or paying agents, for the Bonds shall be established by subsequent resolution of the Town Council adopted pursuant to Section 6 of the Act. SECTION 4. DETERMINATION OF REVENUES. In accordance with the Act, it is hereby determined that (a) no amount is necessary for payment into any reserve fund for retirement of the Bonds and maintenance of the Project and (b) the amounts that will be necessary for the payment of maturing principal and interest on the Bonds, shall be set forth in a debt service schedule to be approved by subsequent resolution of the Town Council. It is hereby determined that the Company shall be required, under the terms of the Agreement, to maintain the Project and carry all proper insurance with respect thereto. Further, it is hereby determined that the Company shall be required under the terms of the Agreement to pay all taxes levied D4880 3 07/02/86 • i by the State of Colorado and local taxing bodies with respect to the Project. SECTION 5. INVESTMENT OF FUNDS. Any Trustee or Escrow Agent shall be, by virtue of this Ordinance and without further authorization from the Town, authorized, directed and requested to invest and reinvest all moneys available therefor held by it pursuant to the Agreement or related documents, which by the terms of said Agreement may be invested, or to deposit and redeposit such moneys, all subject to the terms and limitations contained in the Agreement. SECTION 6. APPROVAL OF COUNSEL. The firm of Ballard, Spahr, Andrews & Ingersoll is hereby approved as bond counsel in connection with the issuance of the Bonds to the Lender. SECTION 7. INCIDENTAL ACTION. The Mayor, Town Manager and Town Clerk of the Town are hereby authorized and directed to execute and deliver such other documents, including acceptances and conveyances of property interests, and to take such other action as may be necessary or appropriate in order to effectuate the execution and delivery of the aforesaid Agreement, the performance of the Town's obligations thereunder, and the issuance and delivery of the Bonds, all in accordance with the foregoing Sections hereof. Notwithstanding any other provision of this Ordinance, the Mayor and Town Manager are hereby authorized to make or approve such revisions in the Agreement, as, in the opinion of counsel to the Town, may be necessary or convenient to carry out the purposes of this Ordinance and the refinancing of the Project through the refunding of the 1981 Bonds, including but not limited to, redeeming the 1981 Bonds and determining the actual principal amount of the Bonds and the fixed or variable interest rate(s) on the Bonds or method for determination thereof. SECTION 8. BONDS SHALL NOT CONSTITUTE A PECUNIARY LIABILITY OF THE TOWN. As required by the Act, the Bonds shall be special, limited obligations of the Town, payable solely from the revenues derived from the Project and shall never constitute the debt or indebtedness of the Town within the meaning of any provision or limitation of the Colorado Constitution, Colorado Statutes, or the Town's Home Rule Charter, and shall not constitute or give rise to a pecuniary liability of the Town or a charge against its general credit or taxing powers. SECTION 9. REPEAL. Any prior ordinances or resolutions or parts thereof inconsistent herewith are hereby repealed. SECTION 10. ORDINANCE IRREPEALABLE. This Ordinance is, and shall constitute, a legislative measure of the Town, and D4880 4 07/02/86 • 0 after the Bonds hereby authorized are issued this Ordinance shall constitute a contract between the Town and the Lender or other owner of the Bonds and shall be and remain irrepealable until the Bonds and the interest accruing thereon shall have been fully paid, satisfied and discharged. SECTION Ordinance, after for that purpose, Home Rule Charter signatures of the of publication. after publication hereof. 11. RECORDING; EFFECTIVE DATE. This final passage, shall be recorded in a book kept shall be published or posted as provided in the of the Town and shall be authenticated by the Mayor and the Town Clerk and by the certificate This Ordinance shall take effect seven days following the final passage upon second reading SECTION 12. SPECIAL PUBLIC HEARING. As required by Section 103(k) of the Internal Revenue Code of 1954, as amended, a public hearing shall be held by the Town Council at the time and place as is indicated in the form of notice set forth below, for the purpose of considering the issuance by the Town of its Bonds to refinance the Project. The hearing shall be conducted in a manner that provides a reasonable opportunity for persons with differing views to be heard on the issuance of the Bonds. NOTICE OF PUBLIC HEARING REGARDING ISSUANCE OF TOWN OF AVON INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BONDS FOR BEAVER CREEK ASSOCIATES PROJECT NOTICE IS HEREBY GIVEN that the Town Council of the Town of Avon, Colorado, will hold a public hearing at the Avon Municipal Building, 400 Benchmark Road, Avon, Colorado 81620, on August 12, 1986, at the hour of 7:30 p.m., or as soon thereafter as possible, on the proposed issuance by the Town of its industrial development revenue refunding bonds in a principal amount of $2,700,000, for the purpose of refunding certain bonds issued by the Town in 1981 to finance snowmaking equipment and other improvements and additions to the Beaver Creek Mountain recreation complex owned and operated by Beaver Creek Associates, Inc. to be located at various locations on Beaver Creek Mountain in unincorporated Eagle County within 8 miles of the corporate limits of the Town. Following the hearing the Town Council will consider and act upon a resolution authorizing the financing of the project and the issuance of the bonds. The Eagle County Board of County Commissioners are also required to approve the issuance of such bonds. All interested persons in the Town of Avon and elsewhere in Eagle County, Colorado are invited to attend the public hearing. D4880 5 07/02/86 0 0 IT IS HEREBY CERTIFIED that on the 8th day of July, 1986, this Ordinance was introduced, read on first reading, approved, and ordered published or posted in accordance with the Town Charter, and that this Ordinance will be presented for final passage and a public hearing thereon has been scheduled for the regular meeting of the Town Council of the Town of Avon, Colorado, on the 22nd day of July, 1986, at 7:30 p.m., in the Municipal Building of the Town. INTRODUCED, READ ON ENACTED, AND ORDERED PUBLISHED 1986. (TOWN) (SEAL) MATTES Town Clerk INTRODUCED, READ SECOND READING AND ORDERED July, 1986. (TOWN) (SEAL) FIRST READING, APPROVED AND OR POSTED, this 8th day of July, TOWN OF AVON, COLORADO T Al an R. Nottingham , AND FINALLY APPROVED AND ENACTED ON PUBLISHED OR POSTED this 22nd day of TOWN OF AVON, COLORADO lan R. N ttingham, ayor D4880 6 07/02/86 Council Member Watkins moved that the foregoing Ordinance heretofore introduced and read by title be approved on first reading. Council Member Ml lpr seconded the motion, and the question being upon the approval on first reading of the Ordinance, the roll was called with the following results: Council Members voting "YES": Mayor: Mayor Pro Tem: Sheila R. Davis Council Members: Clint Watkins Steve Miller Al Connell Council Members voting "NO": Non, 4 members of the Town Council present having voted in favor thereof, the Mayor thereupon declared the motion was carried and the Ordinance duly approved on first reading. Thereupon, the Mayor directed that the Ordinance be published or posted in accordance with the Town Charter. After consideration of other business to come before the Town Council, the meeting was adjourned. (TOWN) Mayor (SEAL) Town of Avon, Col rado D4880 7 07/02/86 0 0 STATE OF COLORADO ) COUNTY OF EAGLE ) ss. TOWN OF AVON ) The Town Council of the Town of Avon, Colorado, met in regular session at the Town Municipal Building, the regular meeting place thereof in the Town, on Tuesday, the 22nd day of July, 1986, at the hour of 7:30 p.m. The following members of the Town Council were present: Mayor: Mayor Pro Tem: Council Members: Allan R. Nottingham Sheila R. Davis Clint Watkins A.J. Wells Al Connell The following members of the Town Council were absent: The following persons were also present: Town Manager: Town Attorney: Town Clerk: The Mayor informed the Series of 1986, which was reading and ordered published or the Town Council, held on July Vail Trail , a newspaper of Town, on July 11, 1986, or was places within the Town of Avon o William James John Dunn Patricia Doyle Town Council that Ordinance No. introduced, approved on first posted at a regular meeting of 8, 1986, was duly published in general circulation within the posted at the following public n July 9 , 1986: ......M.& Nottinghanthen read said Ordinance by its title. D4880 8 07/02/86 • 0 Thereupon, Council Member Connell moved the final passage of Ordinance No.86-1a Series of 1986. Council Member Davis seconded the motion, and the question being upon the final passage of said Ordinance, the roll was called with the following result: Council Members voting "YES": Mayor: Mayor Pro Tem: Council Members: Sheila R. Davis Clint Watkins A.J. Wells Al Connell 4 members of the Town Council present having voted in favor thereof, the Mayor thereupon declared the motion was carried and the Ordinance finally passed. Thereupon, the Mayor directed that the Ordinance be published or posted in accordance with the Town Charter. After consideration of other business to come before the Town Council, the meeting was adjourned. (TOWN) (SEAL) (ATTEST: Town Cler Town of Avc Council Members voting "NO": Mayor Town of Avon, Colora o n, Colorado D4880 9 07/02/86 • • STATE OF COLORADO ) COUNTY OF EAGLE ) ss. TOWN OF AVON ) I, Patricia Doyle, Town Clerk of the Town of Avon, Colorado, do hereby certify that the attached copy of Ordinance No. 86-17,Series of 1986, is a true and correct copy; that said Ordinance was introduced and approved on first reading by the Town Council of the Town of Avon, Colorado, at a regular meeting thereof held at the Town Municipal Building, the regular meeting place thereof, on Tuesday, the 8th day of July, 1986; that said Ordinance was finally passed on second reading by said Town Council at a regular meeting thereof held at the Town Municipal Building, the regular meeting place thereof, on Tuesday, the 22nd day of July, 1986; that a true copy of said Ordinance has been duly executed and authenticated by the signatures of the Mayor of the Town and myself as Town Clerk thereof, sealed with the seal of the Town, and numbered and recorded in the official records of the Town kept for that purpose in my office; and that said Ordinance was duly published in full together with a notice giving the date when said Ordinance would be presented for final passage and once by title only in Vail Trail , a newspaper of general circulation within the Town, in its issues of July 11, 1986, and July 18, 1986 as evidenced by the affidavits of publication attached hereto or was posted in accordance with the Town Charter at the following places on July 9 1986 and July 23, 1986: I further certify that the foregoing pages constitute a true and correct copy of the record of the proceedings of the Town Council at its aforesaid meetings insofar as said proceedings relate to said Ordinance; that said proceedings were duly had and taken, that the meetings were duly held; and that the persons were present at said meetings as therein shown. IN WITNESS WHEREOF, I have hereunto set seal of the Town of Avon, Colorado, this23 da 1986.-~ (TOWN) (SEAL) D4880 10 07/02/86 my hand and the y of July • • AFFIDAVIT OF POSTING STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) I, Patricia J. Doyle, Town Clerk of the Town of Avon, in the County of Eagle and State of Colorado, DO HEREBY CERTIFY: 1. The following pages numbered from 1 through 12 constitute a true, correct, complete copy of the record of proceedings taken by the Town Council of the Town of Avon at a duly called regular, open, public meeting held on July 8, 1986. 2. I posted the full and complete ordinance on July 9, 1986, following the meeting at the following four places pursuant to the Charter and ordinance: a. The Avon Municipal Complex in the main lobby b. The main entrance to City Market C. The Pester Gas Station; and d. The Avon Post Office in the main lobby IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Avon, Colorado this 10th day of July, 1986. SEAL KW W m°DwcepiLmaF~mmocn0om`. A+ Df H °¢L"+4acomW cam,~g.aac ouFO> >OO' W OLL.fLLQ my° ~oc_°.~Egc~mcE~mEom°am~jn .Q c ~ 3.cc_m°~ .m w y QO WOp c m °~vipmC~°cOm "oEwc$E- cm« Omo _ _ . a~ W ~2 mpcom`6~mNOUCiEx0_! mW .2 0, ~L WZZ aQ~ «UQ>¢'my~-~~cmi?macooy3ccpi«=-cwm Om O..'j >O(~~ womscvmn~°«~aUmuU~o=c0ci a -O <zz<o C7QyE~+~~ ou"Em3.~cpnvmo.: o~m ~m uom~nmm Hm > uwcmcEc. m3 mUt ct" mmt WO m~cooo°iEon~mc~~_mommmoo~m°pmmmi~" M; 2 OQOZLL OYW a.¢ co~ Lo~~~f° ~mm.~_~d m«U cL ~vc°~c 00W Q w~m..oma om vtn »wEcp. pm m w° • M) =m8 >5~5c E cv_ 5. T • o<cow - N~VC`N°opo'd°-C mpV~:am ffF-om c$ei ma7 a°~~. v /~~(Ow 02W U°nobrinnocnFOm~oUSn°n=~mooo°v° li.2a 2>Q pcw~4o?~°vnLmnod>ou$c mmtQ>m`o W 2a-on ~c 3a m--~ mo o u m - ~W Z_o~go l. mctmcrmm❑_oo ad o m UcmUOO._a..a.~m~m»..c°..wm~,oUt c3 QTJ O O 5L O O O p0_N+LNC-~~ O C~ O O O O~ N O~ O o ri u c O w t c') a } 3o:o0(D o 0- C- L U p O ~ a p C 0 3 2 c p \ D Q 3 No~_o0, -OpcE o O o 3 U r- C OcnON~}UL -C Q (D C -7 t f~ ~L ~Q EQ N C .U ~J V N5~) caID3C r -C 0 O _ N O Ow 0 3 O O C P Z O E15 a-9 5 co.N 7 C ac3o_2IOD (CD Q Q o o F~ C Ow~ N.0 Q O O N Q }ocoaL>QaQEi 3 co co F(D :Z0O a3 c W 0 c 70 a N L c N O > co J CLU} Q}~ a -0~- c A - LL O '_N O O C O O 3 I ? LL. j~OCQLNTLN O N d O O O =Q}~oooo o .L` J 3 j `-ca U O L, O m `0 O O} O-NL Nw' O-O } U Q O Q O L .0 U d o t O N ~D O C 0 0` U O E C O O a, 70 C -C C CL O c N E~ N ~U c)) c _O a C L a Jn r 007?OOC _~p Z O C O - O{ xx CC c C Qv ,T U U 't W x 0 L m1N~ ~-co: CL C O C ~ O L O O U 3 Noo-ooo c0> Q c~ 3 o O %J .c°~U~oE° L C N o- N o U. E 0 -C) 60o0Eo0 Q) r N a ~ o E w Z 1 2 L U C vv c U c O Q O }=~ooa°O3 L o o 3 a cn U - Q O U C cn 0 Q r- O U N Q C G cn N 0 0 STATE OF COLORADO ) COUNTY OF EAGLE ) ss. TOWN OF AVON ) (Attach affidavit of publication or copy of posted notice of Ordinance after first reading and notice giving date when Ordinance to be presented for final passage.) D4880 11 07/02/86 AFFIDAVIT OF POSTING STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) I, Patricia J. Doyle, Town Clerk of the Town of Avon, in the County of Eagle and State of Colorado, DO HEREBY CERTIFY: 1. The following pages numbered from 1 through 12 constitute a true, correct, complete copy of the record of proceedings taken by the Town Council of the Town of Avon at a duly called regular, open, public meeting held on July 22, 1986. 2. I posted the full and complete Ordinance on July 23, 1986, following the meeting at the following four places pursuant to the Charter and Ordinance: a. The Avon Municipal Complex in the main lobby b. The main entrance to City Market C. The Pester Gas Station; and d. The Avon Post Office in the main lobby IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Avon, Colorado this 23rd day of July, 1986. SEAL 4/ Patricia J. Do e, Town C1 STATE OF COLORADO ) COUNTY OF EAGLE ) ss. TOWN OF AVON ) (Attach affidavit of publication or copy of posted notice of ordinance after final enactment.) D4880 12 07/02/86 0 0 STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO AT 7:30 P.M. ON THE 22ND DAY OF JULY, 1986 AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 86-17, SERIES OF 1986: AN ORDINANCE AUTHORIZING AND DIRECTING THE ISSUANCE OF UP TO $2,700,000 AGGREGATE PRINCIPAL AMOUNT OF THE TOWN'S SPORTS FACILITIES REVENUE REFUNDING BONDS, EXECUTION AND DELIVERY OF A SPORTS FACILITIES REFINANCING AGREEMENT WITH BEAVER CREEK ASSOCIATES, INC. AND RELATED DOCUMENTS; AUTHORIZING AND DIRECTING THE EXECUTION AND DELIVERY OF SUCH BONDS; PROVID.ING'FOR.THE PRINCIPAL AMOUNT, NUMBERS, PROVISIONS FOR REDEMPTION AND MATURITIES OF, AND RATES OF INTEREST ON, THE BONDS, AND AUTHORIZING CERTAIN TERMS TO BE DETERMINED BY SUBSEQUENT RESOLUTION; DETERMINING REVENUES TO BE PAID FOR SUCH PROJECT; AUTHORIZING INVESTMENTS; APPROVING COUNSEL; AUTHORIZING INCIDENTAL ACTION; CALLING A SPECIAL PUBLIC HEARING; AND REPEALING INCONSISTENT ACTIONS, A copy of said ordinance is attached hereto and is also on file at the office of the Town Clerk and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this ordinance. This notice given and published by order of the Town Council of the Town of Avon. Dated this 9th day of July, 1986. TOWN OF AVON, COLORADO Cii - L L C % L Q, / Patricia J. ogle Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JULY 9, 1986: THE MAIN ENTRANCE TO THE POST OFFICE THE MAIN ENTRANCE TO CITY MARKET THE PESTER GAS STATION; AND THE MAIN ENTRANCE TO THE MUNICIPAL BUILDING LOBBY