HomeMy WebLinkAbout1975-12 Authorizing the Notice of Bond of Sale for its General Obligation Bonds Dated December 1, 1975i
C E R T I F I E D R E C O R D
O F
PROCEEDINGS OF THE TOWN COUNCIL OF
THE TOWN OF VAIL, COLORADO
RELATING TO A RESOLUTION
AUTHORIZING NOTICE OF BOND SALE
FOR ITS GENERAL OBLIGATION BONDS
DATED DECEMBER 3., 1975
ZN THE PRINCIPAL AMOUNT OF $$6D,ODD
STATE OF COLORADO )
COUNTY OF EAGLE ) ss.
TOWN OF VAIL )
The Town Council of the Town of Vail, Colorado, met a.n
regular session at the Municipal Building in said Town on
Tuesday the 21st day of October, 1975, at the hour of 7:30
o'clock P.M.
Upon roil call, the following were present:
Mayor: John A. Dobson
Councilmen: Thomas Steinberg
John Donovan
Joseph Langmaid
Josef Staufer
Kathleen Klug
Town Clerk: Rosalie Jeffrey
Town Attorney: Gene A. Smith
Absent: James M. Slevin
Thereupon Councilman John Donovan introduced
and moved the adoption of the following Resolution which was
read in full and is as follows:
RESOLUTION N0. 1.2
Series of 2975
CONCERNING THE PUBLIC SALE OF GENERAL
OBLIGATION BONDS OF THE TOWN OF VATL;
PROVIDING DETAILS CONCERNING THE BONDS,
THEIR SALE, THE PROJECT AND FUNDS RE-
LATING THERETO; AND PROVIDING OTHER
MATTERS RELATING THERETO.
WHEREAS, the Town of Vail, in the County of Eagle and
the State of Colorado, is a political subdivision of the
State, a body corporate and politic, and a home-rule town
pursuant to Article XX of the State Constitution, and article
2 of title 31, C.R.S. 1973; and
WHEREAS, at a special municipal election duly called
and held in the Town of Vail on Tuesday, October 14, 1975,
the electors of the Town qualified to vote thereon approved
each of three band questions submitted thereto, which bond
questions included authorization for the Town to issue its
negotiable, interest bearing general obligation bonds for
the purpose of providing park and recreational land, improve-
ments and facilities as well as bonds to provide additions
and improvements to the Vail Transportation Center (herein
collectively referred to as the "project" or "projects"), in
aggregate principal amounts not to exceed the respective
amounts hereinafter stated, to defray in whole or in part
the cost of each project designated in the respective bond
question submitted, as follows:
Character of Bonds
Park and Recreation
Bonds
Maximum Amount of Principal
775,000
Transportation Center
Improvement Bonds
and;
85,004
WHEREAS, the Town Council has determined to offer its
bonds for said park and recreational purposes and for said
Transportation Center Tnprovement purposes at public sale by
means of its General Obligation Bonds, Series December 1,
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1975 {the "Bonds") as provided by this resolution; and '
WHEREAS, due to the necessity o£ immediately issuing
without further delay the said Bonds and of obtaining promptly
the proceeds thereof far the purpose of defraying in part
the cost of the project pravided in the Park and Recreation
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bond question and the Transportation Center Improvement bond
question, due to the necessity of accepting a bid for the
purchase of said Bonds and of issuing them in a relatively
favorable market and at a time when a volatile and rapidly
changing market without predictable direction permits their
C sale and issuance on terms favorable to the Town, due to the
necessity of undertaking each such project authorized by
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said bond questions without further delay and of avoiding to
the extent practicable any further maternal and rapid
escalation of construction and other acquisition costs per-
taming to said project, and due to the urgent need of ad-
ditional facilities for use by and service to the public
without serious disruption, the Town Council has also deter-
mined, and does hereby further declare, that an emergency
now exists and that this resolution sha11 take effect im-
mediately from and after its passage in accordance with law.
NOW, THEREFORE, be it resolved by the Town Council of
the Town of Vail, Colorado:
Section 1. The Town of Vail General Obligation Bands,
Series December 1, 1975, in the aggregate principal amount
of $850,000, sha11 be, and the same are hereby ordered to be,
advertised publicly for sale, as hereinafter provided; and
on Wednesday, November 5, 1975, at the hour of 10:00 a.m.,
Mountain Time, at Room 203, Boston Building, 828 17th Street,
Denver, Colorado 80202, the Town Manager shall cause sealed
bids to be received and to be opened publicly for the pur-
chase o£ the Bonds.
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Section 2. The Town Manager be and hE~ hereby is authorized
and directed to have published a notice of sale of the bonds
in abbreviated form in the Vail Trail, Vail, Colorado, on
a date sufficiently prior to the sale date to give adequate
notice thereof. The Town Manager is also authorized to give
such other and further notice of such sale as may seem apW
propriate. ,.
Section 3. Such abbreviated notice so to be published
shall be in substantially the following form:
Form of Notice)
NOTICE OF BOND SALE
860,000
TOWN OF VAIL, COLORADO
GENERAL OBLIGATION BONDS
SERIES DECEMBER 1, 1975
PUBLIC NOTICE IS HEREBY GIVEN that the Town txanager of
the Town of Vaal, Colorado, on Wednesday, November 5, 1975,
at the hour of 10:00 a.m., Mountain Time, in Room 203,
Boston Building, 828 17th Street, Denver, Colorado 80202,
sha11 receive sealed bids and publicly open the same for the
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purchase of the Town of Vail General Obligation Bonds,
Series December 1, 1975 in the aggregate principal amount of
850,000, said bonds being dated December I, 1975, maturing
serially in varying amounts on December 1, in each of the
years 1976 through 1995, inclusive. The bonds will bear in-
terest at a rate or rates not exceeding 10~ per annum,
payable semiannually, with the first interest coupan being
payable June 1, 1976. There is a maximum interest spread
permitted of 2~ per annum between the highest and lowest
interest rate for different maturities. Bonds maturing on
and after December 1, 1986, will be subject to prior re-
demption on and after December 1, 1985 at a price equal to
the principal amount of each bond so redeemed, accrued interest
thereon to the redemption date, and a premium of 1 1/2~ of
the principal amount of each bond so redeemed.
The Town shall furnish to the successful bidder the
executed bands and the unqualified opinion of Messrs. Rovira,
DeMuth & Eiberger, Attorneys at Law, 1600 Western Federal
Savings Building, Denver, Colorado 80202, approving the
legality of the bonds. The Official Notice of Bond Sale, of
which this publication is a condensation, together with the
official statement and the purchase proposal are available
at the offices of the Town Manager, Town of Vail, P.O. Box 100,
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Vail, Colorado 81657, or from Boettcher and Company, 828
17th Street, Denver. Colorado 80202. .
BY ORDER OF the Town Council of the Town of Vail, Colo-
rado, this 21st day of October, 1975.
Rosalie Jeffrey
Town Clerk, Town of Vail, Colorado
End of Form of Notice)
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Section 4. That an Official Notice of Bond Sale is
hereby author~.zed to be prepared and mailed to such bond and
investment houses and other interested persons as shall be
deemed expedient by the Town Council. or Boettcher and Company,
such Notice to be in substantially the t'ollowing form:
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OFFICIAL NOTICE OF BOND SALE
60,000
TOWN OF VAIL
COLORADO
GENERAL OBLIGATION BONDS
Series December 1, 1975
PUBLIC NOTICE IS HEREBY GIVEN that the Town of Vail,
Colorado (herein "TDwn"? will, on Wednesday,
NOVEMBER S, 1975,
at the hour of 10:00 a.m., rlountain Time, at Room 203,
Boston Building, 828 17th Street, Denver, Colorado 80242,
receive sealed bids and publicly open the same for the
purchase of the negotiable, coupon, general obligation bonds
of the Town, par~.icularly described below:
BOND PROVISIONS
ISSUE: "Town of Vail General Obligation Bonds, Series
December 1, 1975," in the principal amount of $860,000,
dated as of December 1, 1975, in the denomination of $5,000
each, numbered consecutively in regular numerical order from
1 upwards, and payable to bearer (herein "bonds").
MATURITY: The bonds will mature serially in regular
numerical order on December 1 in each of the years and
amounts hereinafter designated, as follows:
Bonds Numbered Principal
all incl usive}Amounts Maturity
1 to 3 15,000 1976
4 to 7 20,004 1977
8 to 12 25,000 1978
13 to 16 20,000 1979
17 to 21 25,000 1980
22 to 27 30,000 1981
28 to 33 30,000 1982
34 to 39 30,000 1983
40 to 46 35,000 1984
47 to 53 35,000 1985
54 to 61 40,000 1986
62 to 70 45,000 3.987
71.to 79 45,000 1988
80 to 89 50,000 1989
90 to 100 55,000 1990
101 to 112 60,000 1991
113 to 125 65,000 1992
126 to 139 70,000 1993
140 to 153 70,400 1994
154 to 172 95,000 1995
g..
PRIOR REDEMPTION: Bonds numbered 54 through 172 maturing
on and after December ~., 1986, will be subject to redemption
prior to their respective maturities, at the option of the
Town, in whole or in part, in inverse numerical order, on
December 1, 1985, or on,any interest payment date thereafter
prior to maturity, at a price equal to the principal amount
of each band so redeemed, accrued interest thereon to the
redemption date, and a premium of one and one--half percent
1 1/2~) of the principal amount of each bond so.redeemed,
INTEREST RATES AND LIMITATIONS: The maximum net
effective interest rate is ten percent (l00) per annum, The
maximum interest spread permitted for the issue is two per-
cent (2~) per annum; that is, the maximum rate of interest
accruing on~any band prior to its maturity cannot exceed the
minimum rate of interest accruing on any other bond prior to
its maturity by more than two percent (2~) per annum.
Interest on the bonds shall be evidenced by only one set of
coupons payable to bearer (that is, a second set of coupons
designated "B" or any other sat of detachable coupons is not
permitted) and payable semiannually on June 1, and December
1 in each year, the first coupon being payable .7une 1, 1976.
A zero (0) interest rate cannot be named. It is permissible
to bid different or "split" interest rates for the bonds,
provided, however, one interest rate only shall. be specified
for any maturity. Each rate stated must be a multiple of
one-eighth { 1/8 ) or one--twentieth (1/2 d ) of one per cent
1~) per annum.
PAYMENT: Both the principal. of and the interest on the
bonds wall be payable in lawful. money of the United States
of America without deduction for exchange or collection at
United Bank of Denver National Association, Denver, Colorado,
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NO REGISTRATION FOR PAYMENT: The authorizing proceedings
and the bonds will contain no providian for the registration
of bonds for payment, as to principal, or interest, or both.
AUTHORIZATION. The bonds will be authorized and issued
and the contract of the Town of Vail creating an indebtedness
of the Town for payment of the principal of and interest on
said bonds shall became effective, only pursuant to an
ordinance of the Town Council which will be finally adopted
following the sale, under the limitations of the Colorado
Constitution and the Charter of the Town of Vail.
PURPOSE OF ISSUE: The bonds herein offered for sale
will be authorized for the purpose of providing Town park
and recreational facilities and of providing improvements to
the Vail Transportation Center of the Town {herein "System"}.
SECURITY: The bonds will, in the opinion of the bond
counsel, be direct general obligations of the Town, payable
as to both principal and interest from general (ad valorem)
taxes levied against ail taxable property within the Town
without limitation as to rate or amount. The bands are
additionally secured by a pledge of the Town's sales tax
revenues derived from a sales tax of 2g of gross receipts
from the sale of tangible personal property and the furni-
shing of services within the Town, provided, however, such
pledge of said sales tax revenues is on a parity with the
Town's obligation to pay, from said sales tax revenues, the
interest on and the principal of the Town's General Obli-
gation.Bonds, Series November 1, 1973 in the original prin-
cipal amount of $3,000,000 and the Town's General Obligation
Bonds, Series March 1, 1974 in the original principal
amount of $5,500,000, and the Town's General Obligation
Refunding Bonds, Series 1974, dated November 15, 1974 in the
original principal amount of $2,640,000, which Refunding
Bonds refunded the full $3,000,000 principal amount of the
Town's General Obligation Bonds, Series November 1, 1973.
The bonds are additionally secured by a pledge of net
revenues of the System.
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TERMS OF SALE
BID PROPOSALS: Any bidder is required to submit an
unconditional and written bid for the entire issue, specifying
the interest rate or rates and premium, if any, bid for the
bonds. No specified bid form is required. It is also re-
quested for informational purposes that each bid disclose
the total net interest cost in dollars and cents and the net
effective interest rate. Each bid must also be in a sealed
envelope addressed to the Town Manager, Town of Vail, Room
203, Boston Building, 828 17th Street, Denver, Colorado
80242.
BID CHECK: Each bid must be accompanied by a cashier's
check or a certified check of a solvent bank or trust company
made payable to the Town of Vail in the amount of at least
10,U44, or by a cash deposit in a like amount. Such check
or cash deposit will be held as evidence of good faith
pending the delivery of the bonds, which deposit (check or
cash) will be promptly returned to any such bidder if his
bid is not accepted.
TAX STATUS: In the opinion of bond counsel, the interest
on the bonds is exempt from taxation by the United States of
America under present federal income tax laws. If priar to
the delivery of the bonds to the successful bidder therefor,
the income received by private holders of obligations of the
same type and character shall be taxable or shall be required
to be used in any income tax computation by the terms of any
federal law hereinafter enacted, then the successful bidder
at his election made prior to the tender by the Tawn of the
bonds for delivery, may be relieved of his obligation under
the contract to purchase the bonds. Tn such case the contract
to purchase the bonds will terminate, and the deposit acM
companying the purchaser's bid will be returned to the
purchaser upon written request therefor. Any such option
shall be exercised by a letter addressed to the band counsel.
hereinafter designated and deposited in the United States
mails, as first-class mail, postage prepaid.
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SALE RESERVATIONS: The Town reserves the privilege:
1) Of waiving any irregularity or informality in
any bid;
2} Of rejecting any and all bids for the bonds;
and
3) Of reoffering the bonds for sale, as provided
by law.
BASIS OF AWARD: The bonds, subject to such sale reser-
vations, will be sold to the highest responsible bidder
making the bid for the bonds to the~best advantage of the
Town, which bid will be determined on the basis of the '
lowest net interest cost to the Town, which is defined as
the total amount of interest to accrue from the date of the
bonds to~the date of maturity, without regard to any option
of redemption, less the amount of any cash premium above par
bid. If there are two {2) or more equal bids for the bonds,
and such equal bids are the best bids received, the Town
will determine which bid will be accepted.
NO SALE BELOW PAR: The bonds will not be sold at less
than their principal amount and accrued interest thereon to
the date of their delivery.
MANNER AND TIME OF DELIVERY. The deposit of the best
bidder will be credited to the purchaser at the time of
delivery of the bonds (without accruing interest}. If the
successful bidder for the bonds fails or neglects to complete
the purchase of the bonds within ten (10) days after the
bonds are made ready and are tendered by the Town for delivery,
the amount of his deposit will be forfeited (as liquidated
damages for noncompliance with the bid} to the Town, except
as hereinafter provided. In that event the Town may reoffer
the bonds for sale as provided by law. The purchaser will
not be required to accept delivery of any of the bonds, if.
they are not tendered for delivery within seventy (7a) days
from the date herein stated for opening bids; and if the
bonds are not so tendered within said period of time, the
good faith deposit will be returned to the purchaser upon
his request. The Town contemplates, however, effecting the
delivery of the bonds to the purchaser thereof on or before
January 9, 1976.
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PAYMENT AND PLACE OF DELIVERY: The successful bidder
or bidders will be required to accept delivery of, and to
make payment of the balance due for. the bonds:
1) At the office of Boettcher and Company,
Denver, Colorado; or
2) At the successful. bidder`s request and expense.
at some bank or trust company in the United States of
America, as requested.
Payment of the balance of the purchase price due at delivery
must be made in federal funds or other funds acceptable to
the Town and to any bank or trust company designated as the
place of delivery for immediate and unconditional credit to
the Town, or as otherwise directed by the Town. The balance
of the purchase price, including any premium, must be paid
in such funds and not by. cancellation of any interest coupons,
nor by any waiver of interest, nor by any other concession
as a substitution for such funds.
CUSTP NUMBERS: It is anticipated that CUSTP identifi-
cation numbers wi11 be printed on the bonds, but neither the
failure to print such numbers on any bond nor any error with
respect thereto shall constitute cause for a failure or
refusal by the purchaser thereof to accept delivery of and
to pay for the bonds in accordance with the terms hereof.
A11 expenses in relation to the printing of the CUSTP numbers
on the bonds shall be paid for by the Town, but the CUSTP
Service Bureau charge for the assignment of said numbers
shall be the responsibility of and shall be paid for by the
purchaser.
LEGAL OPINION, BONDS AND TRANSCRIPT: The legality of
the bond issue will be approved by Messrs. Rovira, DeAluth &
Eiberger, Attorneys at Law, 1500 Western Federal Savings
Building, Denver, Colorado 80202, whose unqualified, final,
approving opinion, together with the printed bonds and a
certified transcript of the legal proceedings, including a
certificate stating that there is~no litigation pending af-
fecting the validity of the bands as of the date of their
delivery, and other closing documents, wi11 be furnished to
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the purchaser without charge by the Town. Sond counsel's
approving opinion appertaining to the bond issue will recite,
in conventional form, that bond counsel has examined the
Constitution and the laws of the State of Colorado, the
Charter of the Town, and a certified copy of the record of
the proceedings of the Town Council taken preliminary to and
in the issue of the bonds, and that bond counsel has examined
bond numbered one of said issue and has found the same
properly executed and in due legal forts. The opinion will
then conclude (subject to the provisions hereinabove entitled
Tax Status"} substantially as follows:
It is our opinion that the above specified proceedings
of the Town of Vail, Colorado evidence lawful authority
for said bonds under the laws of the State of Colorado,
including the Town of Vail Charter, now. in force; that
said bonds are valid and the Town is legally bound by
the same; and that all of the taxable property in said
Town is subject to the levy of an ad valorem tax. to pay
the saane without Limitation of rate or amount, and that
the Town Council has provided for the application of
certain sales tax revenues of the Town of Vail to pay
the interest on and the principal of said bonds.
It is also our opinion that the interest on the subject
bonds is exempt from Federal income taxes under existing
laws and regulations of the United States of America."
A certified true copy of such opinion will be printed on
each bond at the Town's expense.
ZNFORMATYON: This Official Notice of Bond Sale (a con-
densation of which may be published) and financial and other
information concerning the Town and the bonds may be obtained
from the Town Manager, Town of Vail, P.O. Box 100, Vail,
Colorado 81657 or from Boettcher and Company. $2$ 17th
Street, Denver, Colorado $0202.
s/ ROSALIE JEFFREY
Town Clerk
Town of Vail, Colorado
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Section 5. Upon receipt of such bids, the Town Manager
shall tabulate the same and he thereupon shall accept the
bad of the best bidder or shall reject all bids forthwith,
reporting to the Town Council which shall thereupon approve
or disapprove of the action so taken.
Section 5. The officers of the Town of Vail, with the
assistance of its.financial consultants and bond counsel be,
and they hereby are, authorized and directed to take all
action necessary or appropriate to effecuate the provisions
of this resolution.
Section 7, All action heretofore taken by the Town
Council and by the officers of the Town of Vail on its
behalf directed toward the respective projects for which the
subject General Obligation Bonds, Series December 1, 1975
are to be offered for-public sale be and the same hereby is,
ratified, approved and confirmed.
Section .8. The Bonds shall be authorized and issued
and the contract of the Town of Vail creating an indebtedness
of the Town to pay the principal of and interest on said
Bonds shall become effective only pursuant to a duly adopted
ordinance of the Town Council of the Town of Vail.
Section 9. A11 by-laws, orders and resolutions, or
parts thereof, in conflict with this resolution, are hereby
repealed. This repealer shall not be construed to revive
any by-Iaw, order or resolution, or part thereof, heretofore
repealed.
Section 10. If any section, paragraph, clause or pro-
vision of this resolution shall for any reason be held to be
invalid or unenforceable, such invalidity or unenforcea-
bility shall not affect any of the remaining sections, para-
graphs, clauses or provisions of this resolution.
Section 11. In view of the factors stated in the last
preamble of this resolution, the Town Council finds that
this resolution is necessary for the immediate preservation
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i ~ ~~
and protection of the public pacoperty, welfare, health and
public safety, and determines that this resolution shall
take effect immediately upon its passage.
INTRODUCED, READ, APPROVED, PASSED, AND ADOPTED this
21st day o£ October, 1975.
1
SEAL)
f
Attest:
Town Clerk /
Town of Vail, C rado
TOS~Ti~T OF VAXL
7 '~
By L.~_
Pzayor '
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Councilman Kathleen Klux seconded the motion,
and the question being upon the passage and adoption of said
Resolution, the roll was called with the following result:
Those voting "Yes":
Councilmen: John A, Dobson
Thomas Steinberg
John Donovan
Joseph Langmaid
Josef Staufer
Kathleen Klug
Ctt~sc~xx~$~~
Those voting "No": None
x lF1 members of the Council present having voted
in favor of 'the passage and adoption of the Resolution, the
presiding officer thereupon declared the Resolution duly
passed and adopted.
Thereupon, after consideration of other busin ss to
come before the Council, the meeting s djo e .
M o
zL,. _ . -~.
of Vail, Colorado
S E A L)
ATTEST:
A .BLJI~~
Torn Cleric
Town of Vai / olora o
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STATE OF COLORADO )
COUNTY OF EAGLE } ss.
TOWN OF VAIL }
a i
I, ROSALIE JEFFREY, the Town Clerk of the Town of Vail,
Eagle County, Colorado, do hereby certify: That the attached
copy of Resolution No. 12 authorizing Notice of
Bond Sale for its General Obligation Bonds, Series December
1, 1975, is a true and correct copy of said Resolution as
passed and adopted by the Town Council at a Regular A4eeting
thereof held at the Town Municipal Building, the regular
meeting place of the Town Council in the Town, on Tuesday,
the 21st day of October, 1975; that a true copy of said
Resolution has been duly executed and authenticated by the
signatures of the Mayor of the Town of Vail and myself, as
Town Clerk of said Town, sealed with the seal of the Town,
and recorded in the official records of the Town. 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 said regular meeting of October 21. 1975,
insofar as said proceedings relate to said Resolution; that
said proceedings were duly had and taken; that said meeting
was duly held; and that the persons were present at said
meeting as therein shown.
IN WITNESS WHEREOF, I have hereunto set my hand and the
seal of the Town of Vail, Colorado this 21st day of October
1975.
Tow~i Clerk
Town of Vail, o ado
S E A L 1
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