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TC Res. No. 1983-27RESOLUTION NO. #83-27 A RESOLUTION DESIGNATED BY THE SHORT TITLE "1983 GENERAL OBLIGATION BOND SALE RESOLUTION;" AWARDING THE SALE OF THE TOWN OF AVON, COLORADO, GENERAL OBLIGATION VARIOUS IMPROVEMENTS BONDS, SERIES AUGUST 151, 1983, IN THE AGGREGATE PRINCI- PAL AMOUNT OF $500,000 TO BOETTCHER & COMPANY OF DENVER, COLORADO: WHEREAS, the Town of Avon (the "Town"), in the County of Eagle, and State of Colorado, is a municipal corporation duly orga- nized and existing under Article XX of the Constitution of the State of Colorado; and WHEREAS, the Town's Charter (the "Charter") was duly adopted at a special election held in the Town on June 13, 1978; and WHEREAS, the Town Council (the "Council") of the Town of Avon has determined to issue general obligation bonds for the purpose of making certain public improvements in the Town; and WHEREAS, the Council does hereby determine that it is nec- essary and for the best interests of the Town and the inhabitants thereof that it immediately proceed to issue and sell its.general obligation bonds designated as the "Town of Avon, Colorado. General Obligation Various Improvements Bonds, Series August 15, 1983," (the "bonds") in the aggregate principal amount of $500,000, for the pur- pose of paying, in part, the cost of making certain public improve- ments in the Town; and WHEREAS, the Council does hereby determine and declare that it is in the best interests of the Town to sell the general obliga- tion bonds at a negotiated private sale at a net effective interest rate not exceeding percent (10.5613. and WHEREAS, the Town has received a proposal (hereto attached as Exhibit A) from Boettcher & Company of Denver, Colorado, to pur- chase the general obligation various improvements bonds for the prin- cipal amount of $500400 and accrued interest to the delivery date at specified interest rates set forth therein, and at a discount of $15 , 000 NOW, THEREFORE, BE IT RESOLVED BY 'THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. This resolution shall be known as and may be cited by the short title "1983 General Obligation Bond Sale Resolution." Section 2. All action (not inconsistent with the provi- sions of this resolution) heretofore taken by the officers of the Town directed toward making the various improvements in the Town, and -3- the issuance of its "Town of Avon, Colorado, General Obligation Various Improvements Bonds, Series August 15, 1983," (herein "bonds") in the aggregate principal amount of $500,000 and the private sale of the bonds to Boettcher & Company, of Denver, Colorado, be, and the same hereby is, ratified, approved and confirmed. Section 3. The Town hereby accepts the offer of Boettcher & Company of Denver, Colorado, to purchase the bonds with a discount of $ 15,000 and at a net effective interest rate of 10.562bercent per annum; which is to the best advantage of the Town. Section 4. The officers of the'Town be, and they hereby are, authorized and directed to take all action necessary or appro- priate to effectuate the provisions of this resolution. Section 5. All resolutions or parts thereof in conflict with this resolution are hereby repealed. This repealer shall not be construed to revive any order, bylaw, or resolution, or part thereof, heretofore repealed. Section 6. If any section, paragraph, clause, or' other provision of this resolution is for any reason held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or other provision shall not affect the validity of the remaining provisions of this resolution. Section 7. This resolution, immediately on its final pas- sage and adoption, shall be recorded in the book of resolutions kept for that purpose and authenticated by the signatures of the Mayor and Clerk. INTRODUCED, READ BY TITLE, PASSED, AND ADOPTED ON THIS June 28, 1983. dc a J= Mayo Town of Avon Colorado (TOWN SEAL) A s Tow Jerk Town of Avon, Colorado -4- --J Boettcher 8 Company Investment Bankers Since 1910 828 Seventeenth Street P.O. Box 54 Denver, Colorado 80201 (303) 6211-8000 Town Council Town of Avon Avon, Colorado For$ 500,000 legally issyed General Obligation Bonds of the To wn of Avo n delivered to us in Denver, Col orad n , dated. August 15 19-83_, and to mature and bear interest as follows: Yearof Coupon Year of Coupon Year of Coupon Amount Maturity Rate Amount Maturity . Rate Amount Maturity Rate 15,000 1984 7,25 40,000 1994 10.50% _15,nnn 1985 7.75` 45,000 1995 10.50% 20,000 1986 8.25% 50,000 1996 10.50% _ 20,000 1987 8.75% 55,000 1997 10.50% 25,000 1988 9,25% 60,000 1998 10.500 250000 1989 9.500 30,000 1990 9.75% 'in,nnft 1991 1n_00a 35 0M 1997 10 259 _-3.5100.0_ 190 1 n 4n%. * *(and multiples shown thereo f The bonds are tobe in the denomination of $ S,000 OD wring interest as shown above, le semi-annually, both principal and interest payable at Central Bank of Denver, Denver, Colorado We wI0 pay $ 4M,01)0-1710 and accrued interest trom the date of the bonds to the date of delivery to us in Denver rnI nrarfn Prior to our accepting delivery of said Securities, you agree to furnish a certified transcript of all legal proceedings requisite to their issuance and delivery, including a signature and non-litigation certificate in the customary form evidencing the legality of said Securities and the security provisions relating thereto the satisfaction of Sherman NOwird whose unqualified approving legal opinion in the customary form shall accompany said Securities at delivery. These bonds are to be delivered to us on or about August 19, 1983 The cost of the printing these bonds will be paid by Bond proceeds and the fees of approving attorneys will be paid by Bond proceeds We herewith hand you a cashier's check for $ 10,000-00 as evidence of our good faith in complying with the terms and conditions of this proposal which is to apply as part payment for said bonds when the legality of same has been approved by our attorneys, and to be forfeited as fully liquidated damages should we fail or refuse to take up said bonds as above provided. Said Check is to be returned to us if this proposal is not accepted. or if the above attorneys should decline to approve the legality of the issue. This offer is for immediate acceptance unless otherwise specified above. Gross interest cost $ 515, 483.17 Premium or Discount - is-non-nn Net interest cost $ S3 n, 01-17 Average effective rate 10 5627 Respectfully submitted, Boancher 8 Company Sro, 1910 BY - t Lind A. Clark, Special Partner ACCEPTED for and on behalf of :ML -ra Sy,J CD:r- 44 r~ pursuant to authorization i governing body, and receipt of the above mentioned check acknowledged, on this date A et-tj Signature S' nature Official Title Official Title iFOAM 158. MUNI. 12-81. D Councilmember Sheila Davis then moved that the resolu- tion be passed and adopted as read. Councilmember Larry Kumpost seconded the motion. The question being upon the passing and adopt- ing of the resolution, the roll was called with. the following result: Those Voting Yes: Sheila R. Davis Don Buick Al Connell Greg Gage Larry Rumpost A. J. Well.s Those Voting No: none Those Absent: none The presiding officer thereupon declared that at least two- thirds (2/3) of'all the members elected or appointed of the Town Council having voted in favor thereof, as required by Section 14.3 of the Charter the motion was carried and the resolution duly passed and adopted. on motion duly adopted, it was ordered that the resolution be numbered 83-2,7 "and after its authentication with the signatures of the Mayor and Town Clerk be recorded according to law in the record of Resolutions. Councilmember Larry Kumpost introduced in typewrit- ten form an ordinance, which ordinance was thereupon read by title, copies thereof having been distributed to all members of the Council and.to those ,members of the public in attendance, and which ordinance is as follows: -6-