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TC Ord. No. 2002-05 Amending Ordinance No 02-03 of the town realting to the issuance by the town of multifamily housing revenue bonds GNMA Mortgage backed securities program buffalo ridge II apartments projectTOWN OF AVON, COLORADO ORDINANCE NO. 02-05 AN ORDINANCE AMENDING ORDINANCE NO. 02-03 OF THE TOWN RELATING TO THE ISSUANCE BY THE TOWN OF MULTIFAMILY HOUSING REVENUE BONDS (GNMA MORTGAGE-BACKED SECURITIES PROGRAM - BUFFALO RIDGE II APARTMENTS PROJECT), SERIES 2002. WHEREAS, on February 26, 2002, the Town Council of the Town of Avon, Colorado (the "Town") adopted Ordinance No. 02-03 (the "Ordinance") entitled as follows: AN ORDINANCE AUTHORIZING AND DIRECTING THE ISSUANCE OF UP TO $15,305,000 OF THE TOWN'S MULTIFAMILY HOUSING REVENUE BONDS (GNMA MORTGAGE-BACKED SECURITIES PROGRAM - BUFFALO RIDGE II APARTMENTS PROJECT), SERIES 2002, THE EXECUTION AND DELIVERY OF A FINANCING AGREEMENT, A TRUST INDENTURE, A BOND PURCHASE AGREEMENT, AND RELATED DOCUMENTS; AUTHORIZING AND DIRECTING THE EXECUTION AND DELIVERY OF SUCH BONDS; MAKING CERTAIN DETERMINATIONS WITH RESPECT THERETO; PROVIDING FOR THE PRINCIPAL AMOUNT, NUMBERS, PROVISIONS FOR REDEMPTION AND TENDER AND MATURITY OF, AND RATES OF INTEREST ON, THE BONDS; REQUESTING THE TRUSTEE TO AUTHENTICATE THE BONDS; AUTHORIZING INVESTMENTS; AUTHORIZING INCIDENTAL ACTION; AND REPEALING INCONSISTENT ACTIONS. WHEREAS, the allowable amount of HUD mortgage insurance relating to the project to be financed by the Bonds authorized by the Ordinance has increased over the previously anticipated amount; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, AS FOLLOWS: Section 1. AMENDMENT OF ORDINANCE. The first sentence of paragraph 3 of the Ordinance is hereby amended to read in its entirety as follows: "The Bonds shall be in the aggregate principal amount not to exceed $16,000,000. \\\DE - 86736/0001 - 143G45 vl Section 2. REPEALER. All acts, orders, resolutions, ordinances or parts thereof, taken by the Town in conflict with this Ordinance are hereby repealed, except that this repealer shall not be construed so as to revive any act, order, resolution, ordinance or part thereof, heretofore repealed. Section 3. ORDINANCE IRREPEALABLE. This Ordinance is, and shall constitute, a legislative measure of the Town, and after the Bonds are issued and outstanding, this Ordinance shall constitute a contract between the Town and the owner or owners 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 4. SEVERABILITY. If any paragraph, clause or provision of this Ordinance is judicially adjudged invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining paragraphs, clauses or provisions hereof, the intention being that the various paragraphs, clauses or provisions hereof are severable. Section 5. EFFECTIVE DATE. This Ordinance shall take effect seven days after its passage and public notice thereof. -2- \\\DE - 80730/0001 - 143645 v1 ADOPTED ON FIRST READING AND ORDERED POSTED this 12th day of March, 2002. TOWN OF AVON, COLORADO (TOWN SEAL) By: yor 0 C/ The foregoing Ordinance will be presented for final passage at the Council's regular meeting, to be held at Town Council Chambers, on Tuesday, the 26''' day of March, 2002, at 5:30 p.m. -3- \\\DE - 8673GI0001 - 143645 v1 FINALLY PASSED AND ADOPTED the 26"' day of March, 2002. TOWN OF AVON, COLORADO (TOWN SEAL) By: -yC~ M &6r TEST: n Clerk -4- \\\DE - 86736/0001 - 143G45 v 1 The motion to pass the foregoing Ordinance on first reading was duly made by Council Member REaynnl ris and seconded by Council Member McDevitt , and the roll was called with the following results: Council Members voting "Yes": Michael Brown, Debbie Buckley, Peter Buckley, Rick Cuny, Mac-McDevitt, Buz Reynolds Council Members voting "No": The Mayor thereupon declared the Ordinance duly passed on first reading and instructed the Town Clerk to post the Ordinance once in full in at least three public places within the Town, in addition to the office of the Town Clerk, at least seven days before its consideration for final passage. After consideration of other business to come before the Town Council, the meeting was adjourned. By: M r 67 -5- \\\DE - 86736/0001 - 143G45 v1 (TOWN SEAL) STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The Town Council of the Town of Avon, Colorado, held a regular meeting open to the public at the Town Council Chambers at 400 Benchmark , on Tuesday, the 26"' of March, 2002, at 5:30 p.m. Road The following members of the Town Council, constituting a quorum thereof, were present: Council Members: Michael Brown, Debbie Buckley, Peter Buckley, Rick Cuny, Buz Reynolds, and Judy Yoder The following members of the Town Council were absent: The following persons were also present: Town Manager Bill Efting, Asst. Town Mgr. Larry Brooks, Town Clerk Kristen Nash, Town Atty. John Dunn, Human Resources Dir. Jacquie Halburnt, Police Chief Jeff Layman, Town Engineer Norm Wood, Recreation i Mex ~ J cobs, P blic Words Dir. Bob gee , TheI own C Ierk m~ormed the own Council that the proposed Or mane, which was passed on first reading and ordered posted once in full at a regular meeting of the City Council held on March 12, 2002, was posted in full in at least three public places within the Town, in addition to the office of the Town Clerk, on March 3, 2002. At or after 5:30 p.m., the Town Council held a public meeting on the proposed Ordinance, including the issuance of the Bonds and the nature and location of the facilities to be financed therewith, and all interested persons present were heard by the Town Council. Thereupon, Council Member Brown moved that the Ordinance be finally passed, adopted, numbered 0 2 - 0 5 and ordered posted. Council Member Debbie Buckley seconded the motion, and the question being upon the final passage and adoption of the Ordinance, the roll was called with the following results: Council Members voting "Yes": Michael Brown, Debbie Buckley, Peter Buckley, Rick Cuny, Mac McDevitt, Buz Reynolds Council Members voting "No": Transit Dir. Harry Taylor, Comm. Dev. Dir. Ruth Borne, Special Events -6- Cooi~,dAr8q,,tnq&_~4RAJ~e Kessenich The Mayor thereupon declared the Ordinance finally passed and adopted and instructed the Town Clerk to number the same as moved and post the Ordinance once in full in at least three public places within the Town, in addition to the office of the Town Clerk. After consideration of other business to come before the Town Council, the meeting was adjourned. (TOWN SEAL) By: or -7- \\\DE - 86736/0001 - 143645 vl STATE OF COLORADO ) ss. COUNTY OF EAGLE ) Kristen 1, Nash , Town Clerk of the Town of Avon, Colorado, do hereby certify that the attached copy of Ordinance No. 02- 0 5, is a true and correct copy; that said Ordinance was passed by the Town Council of the Town of Avon, Colorado, at its regular meeting held at 400 Benchmark RD. , the regular meeting place thereof, on Tuesday, the 26th day of March, 2002; that a true copy of said Ordinance has been authenticated by the signatures of the Mayor of the Town of Avon and myself as Town Clerk thereof, sealed with the seal of the Town, and numbered and recorded in a book kept for that purpose in my office; that the foregoing pages 1 through 10, inclusive, constitute a true and correct copy of the record of the proceedings of said Town Council at its regular meetings of March 12, 2002 and March 26, 2002, insofar as said proceedings relate to said Ordinance; that said proceedings were duly had and taken, that the meeting was duly held; and that the persons were present at said meeting as therein shown. IN WITNESS WHEREOF, I have hereu# set my hand and the seal of the Town of Avon, Colorado this 2 6 day of March, 2002. (TOWN SEAL) Town Clerk Town of Avon, Colorado -8- \\\DE - 86736/0001 - 143645 v 1 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 5:30 P.M. ON THE 26th DAY OF MARCH 2002, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-05, SERIES OF 2002: An Ordinance Amending Ordinance No. 02-03 of the Town Relating to the Issuance by the Town of Multifamily Housing Revenue Bonds (GNMA Mortgage-Backed Securities Program - Buffalo Ridge II Apartments Project), Series 2002 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 is given and posted by order of the Town Council of the Town of Avon, Colorado Dated this 13th day of March, 2002. TO BY: AVON,COLORADO POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON MARCH 13, 2002: AVON MUNICIPAL BUILDING IN THE MAIN LOBBY ALPINE BANK AVON RECREATION CENTER CITY MARKET IN THE MAIN LOBBY Town Clerk