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Uf Ztez Rk1 Larimer County, Colorado 19...5 uf ztez rk1 Larimer County, Colorado 19...5. Minutes of a meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the ?2.’..day of / A. D. 19 regular meeting hour. Meeting called to order by Mayor Present: Mayor H. B. Dannels Trustees: Norbert I. Aldrich, Mark T. Brown, Administrator Byron I. Graves, Also Present: Town Dale G. Hill, George J. Hix, Town Attorney Paula L. Laing, Gregory A. White Richard A. Wood Absent: None Minutes of the regular meeting held October 8, 1985 were submit ted and approved. Trustee Graves moved the bills, as presented, be allowed and paid and that the Clerk be authorized to draw warrants for same. (A certified copy of the bills presented and allowed are on file in the Office of the Town Clerk under this date, and made a part of the record of these proceedings by reference thereto). Trustee Wood seconded the motion and it passed by the following votes: Those voting “Yes” Trustees Aldrich, Brown, Graves, Hix, Laing and Wood. Those voting “No” none. Mr. Dennis Jones/Capital Markets Corporation in association with Boettcher and Company, presented a proposed resolution extending Resolution 39-84 concerning Stanley Village which was passed October 23, 1984. The Resolution would extend the original Resolution of Intent from December 31, 1985 to June 1, 1986. The extension would facilitate selling the bonds; the sale of which is expected to be by the end of 1985. Trustee Aldrich cited a “conflict of interest” and stated he would not participate in discussion or vote. The Board of Trustees of the Town of Estes Park, Colorado, held a regular meeting at the Municipal Building, 170 MacGregor Avenue, Estes Park, Coloraao, on Tuesday, the 22nd day of October 1985, at the hour of 7:30 P.M. The following members of the Board of Trustees were present, constituting a quorum: Mayor: H. Bernerd Dannels Trustee: Norbert L. Aldrich Trustee: Mark T. Brown Trustee: Byron L. Graves Trustee: George J. Hix Trustee: Paula L. Laing Trustee: Richard A. Wood The following members of the Board of Trustees were absent: None The following persons were also present: Town Administrator Dale G. Hill, Town Attorney Gregory A. White, Town Clerk Vickie O’Connor. The meeting was called to order. Thereupon, the following proceedings, among others, were had and taken: Trustee Wood introduced and moved the adoption of the following Resolution which was read by title, with copies being distributed in written form to all members of the Board and made available to the members of the public in attendance: Board of Trustees - October 22, 1985 - Page two R E S 0 L U T I 0 N 19-85 A RESOLUTION EXTENDING A CERTAIN RESOLUTION OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS TO FINANCE A SHOPPING CENTER PROJECT FOR JOHN R. P. WHEELER AND WILLIAM C. VAN HORN WHEREAS, the Town of Estes Park, Colorado (the “Town”), a body politic and corporate and a political subdivision of the State of Colorado, is authorized and empowered by the provisions of the County and Municipality Development Revenue Bond Act, constituting part 1 of article 3 of title 29, Colorado Revised Statutes (the “Act”), to finance a project, as that term is defined in the Act, and to issue its indus trial development revenue bonds for the purpose of paying the cost of financing any such project; and WHEREAS, John R. P. Wheeler and William C. Van Horn representing the Developer (the “Developer”), have previously requested the Town to issue and sell its industrial develop ment revenue bonds pursuant to provisions of the Act for the purpose of acquiring, constructing and equipping a retail commercial facility constituting a retail shopping center to be located on the northeast corner of the intersection of U.S. Highway 34 and U.S. Highway 34 Bypass within the Town and constituting a project, as that term is defined in the Act (the “Project”); and WHEREAS, pursuant to Resolution No. 39-84 (the “Resolu tion of Intention”) adopted by the Town on October 23, 1984, the Town declared its intention to authorize an issue of its industrial development revenue bonds in an amount not to exceed $9,500,000 for the purpose of paying the cost of financing the Project, when so requested by the Developer, upon such terms and conditions as may then be agreed upon by the Town and the Developer; and WHEREAS, unless otherwise extended, the commitments of the Town contained in the Resolution of Intention are set to expire on October 23, 1985 if said industrial development revenue bonds are not issued by such date; and WHEREAS, said industrial development revenue bonds will not be issued by October 23, 1985 and the Developer has requested that the Town extend its commitments contained in the Resolution of Intention until June 1, 1986 in order to facilitate the issuance of said bonds; and WHEREAS, the Board of Trustees of the Town finds that the Project will promote economic development and additional employment within the Town, that the economic and other benefits to the Town will be substantial and that the Resolution of Intention should be extended until June 1, 1986 in order that the development and financing of the Project may proceed. NOW, THEREFORE, THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, DOES HEREBY RESOLVE, AS FOLLOWS: Section 1. The Town does hereby affirm and ratify its intention to authorize the issuance and sale of its indus trial development revenue bonds, under and in accordance with the Act, in an amount necessary to pay the cost of the Project, but in no event to exceed $9,500,000, and upon such terms and conditions as may be mutually agreed upon by the Town and the Developer. Section 2. Resolution No. 39-84, adopted by the Town on October 23, 1984 and the commitments of the Town and the Developer therein contained are hereby declared to be valid and binding upon the Town and the Developer until June 1, 1986, unless further extended by the Town. Section 3. THE INDUSTRIAL DEVELOPMENT REVENUE BONDS AND THE INTEREST THEREON TO BE ISSUED IN ORDER TO FINANCE THE PROJECT SHALL BE SPECIAL, LIMITED OBLIGATIONS OF THE TOWN PAYABLE SOLELY OUT OF 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 OR STATUTES, AND SHALL NOT CONSTITUTE NOR GIVE RISE TO A PECUNIARY LIABILITY OF THE TOWN OR A CHARGE AGAINST ITS GENERAL CREDIT OR TAXING POWER. THE DEVELOPER WILL INDEMNIFY AND HOLD HARMLESS THE TOWN AND ALL OF ITS OFFICERS, AGENTS AND EMPLOYEES FROM ANY PERSONAL OR PECUNIARY LIABILITY ARISING FROM ANY TRANSACTION CONTEMPLATED BY THE ADOPTION OF THIS RESOLUTION. Board of Trustees — October 22, 1985 - Page three Section_4. No costs are to be borne by the Town in connection with the transaction contemplated by this Resolution. Section 5. Prior to the execution of the necessary documents in connection with the issuance of industrial development revenue bonds to finance the Project, such documents will be subjsct to approval by ordinance of the Board of Trustees pursuant to law. Section 6. All ordinances, orders, bylaws and resolu tions, or parts thereof in conflict with this resolution are hereby repealed to the extent of such conflict. This repealer shall not be construed to revive any order, ordinance, bylaw or resolution, or part thereof, heretofore repealed. Section 7. If any section, paragraph, clause, or provi sion of this resolution with the exception of any section, paragraph, clause or provision limiting the Town’s financial obligation shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this resolution. Section 8. This resolution shall take effect immedi ately upon its introducion and passage. Passed and adopted at a regular meeting of the Board of Trustees of the Town of Estes Park, Colorado this 22nd day of October, 1925. The motion to adopt the foregoing Resolution was duly seconded by Trustee Hix, and the question being upon the passage and adoption of the resolution, the roll was called with the following result: Those voting “Yes” Trustees Brown, Graves, Hix, Laing and Wood. Those voting “No” none. Those “Abstaining” Trustee Aldrich. Thereupon the presiding officer declared said motion carried and said Resolution duly passed and adopted. After the consideration of other business unrelated to the industrial development revenue bonds described in the foregoing Resolution, the meeting was adjourned. Minutes of the Administrative Committee meeting held October 9, 1985 were read. Trustee Hix, Chairman of the Committee, moved the minutes be approved. Trustee Laing seconded the motion and it passed unanimously. Trustee Hix introduced, and Town Administrator Hill read aloud, the following resolution and moved it be approved: R E S 0 L U T I 0 N 20-85 A resolution levying general property taxes for the year 1986, to help defray the costs of government for the Town of Estes Park, Colorado for the 1986 budget year. WHEREAS, the Board of Trustees of the Town of Estes Park will adopt the annual budget in accordance with the Local Govern ment Budget Law on November 26, 1985; and WHEREAS, the amount of money necessary to balance the budget for general operating expenses is $112,340; and WHEREAS, the 1986 net valuation for assessment for the Town of Estes Park as certified by the County Assessor is $28,095,080.
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