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State of Colorado County of Boulder I, the undersigned agent, do solemnly swear that the CAMERA is a daily newspaper printed, in whole or in part, and published in the City of Boulder, County of Boulder, State of Colorado, and which has general circulation therein and in parts of Boulder and Broomfield counties; that said newspaper has been continuously and uninterruptedly published for a period of more than six months next prior to the first publication of the annexed legal notice of advertisement, that said newspaper has been admitted to the United States mails as second -class matter under the provisions of the Act of March 3, 1879, or any, amendments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado; that a copy of each number of said newspaper, in which said notice of advertisement was published, was transmitted by mail or carrier to each of the subscribers of said newspaper, according to the accustomed mode of business in this office. AFFIDA VIT OF PUBLICATION CAMERA The annexed legal notice or advertisement was published in the regular and entire edition of said daily newspaper once; and that one publication of said notice was in the issue of said newspaper dated March 22, 2015. Subscribed and sworn to before me thiso ,MLday of March, 2015 in the County of Boulder, State of Colorado. ACCOUNT #: 101121 AD #2102038 FEE: $617.76 Agent MELISSA L NAJERA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20064049936 MY COMMISSION EXPIRES DEC 11, 2018 NOTICE OF PUBLIC HEARING ORDINANCE No. 1683, SERIES 2015 NOTICE IS HEREBY GIVEN that at a regular meeting of the City Council of the City of Louisville, Colorado, to be held on April 7, 2015 at the hour of 7:00 p.m., at the City Hall, 749 Main Street, in Louisville, Colorado the City Council will hold a Public Hearing on the final passage and adoption of a proposed Ordinance No. 1683, Series 2015 —AN ORDINANCE AUTHORIZING A LOAN FROM THE COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY TO FINANCE IMPROVEMENTS TO THE CITY'S WASTEWATER AND STORMWATER SYSTEMS; AUTHORIZING THE FORM AND EXECUTION OF THE LOAN AGREEMENT AND A GOVERNMENTAL AGENCY BOND TO EVIDENCE SUCH LOAN; RATIFYING PRIOR DETERMINATIONS OF THE CITY COUNCIL; AND PRESCRIBING OTHER DETAILS IN CONNECTION THEREWITH. Published in the Daily Camera on March 22, 2015 with full Ordinance. - 2102038 ORDINANCE NO. 1683 SERIES 2015 AN ORDINANCE AUTHORIZING A LOAN FROM THE COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY TO FINANCE IMPROVEMENTS TO THE CITY'S WASTEWATER AND STORMWATEF SYSTEMS; AUTHORIZING THE FORM AND EXECUTION OF THE LOAN AGREEMENT AND A GOVERNMENTAL AGENCY BOND TO EVIDENCE SUCH LOAN; RATIFYING PRIOR DETERMINATIONS OF THE CITY COUNCIL; AND PRESCRIBING OTHER DETAILS IN CONNECTION THEREWITH. WHEREAS, the City of Louisville, Boulder County, Colorado (the "City "), is a municipal corporation duly organized and existing as a home rule city pursuant to Article XX of the Constitution of the State of Colorado (the "State ") and the home rule Charter of the City; and WHEREAS, the members of the City Council of the City (the "Council ") have been duly elected and qualified; and WHEREAS, pursuant to section 12 -1 of the City's home rule Charter, the City may borrow money and issue securities or enter into other obligations to evidence such borrowing in any form and in an manner determined by the Council to be advantageous to the City, subject to the State Constitution and notwithstanding any limitations in the State statutes; and WHEREAS, the City has heretofore determined and undertaken to combine, operate, and maintain its water, wastewater and stormwater facilities as a utility and income - producing project (the "System ") and accounts for the financial operations of the System in the City's Water and Wastewater Enterprise Fund; and WHEREAS, the City Council has determined that the System is an enterprise within the meaning of Article X, Section 20 of the Colorado Constitution; and WHEREAS, the City has determined that the interests of the City and the public interest and necessity demand and require the completion of certain improvements to the System (the "Project "); and WHEREAS, the City has made application to the Colorado Water Resources and Power Development Authority (the "CWRPDA ") through its Water Pollution Control Revolving Fund, for a long -tern • loan to finance a portion of the cost of the Project; and WHEREAS, the City has determined that in order to finance a portion of the cost of the Project, it is necessary and advisable and in the best interests of the City for the City to enter into along -tern loan agreement (the "Loan Agreement ") with the CWRPDA, a body corporate and political subdivision of the State, pursuant to which CWRPDA shall loan the City an amount of not to exceed $43,000,000 (the "Loan") tor such purposes; and WHEREAS, the repayment obligations under the Loan Agreement shall be evidenced by a governmental agency bond (the "Bond ") to be issued by the City to CWRPDA; and WHEREAS, such Loan shall be a revenue obligation of the City, payable from the Pledged Property (as defined in the Loan Agreement); and WHEREAS, the City's obligations under the Loan Agreement and the Bond (collectively referred to herein as the "Financing Documents ") shall not constitute a general obligation of the City within thi meaning of any constitutional, statutory or home rule charter provision or limitation; and WHEREAS, there are on file with the City Clerk the forms of the Financing Documents; and WHEREAS, the City Council desires to approve the form of the Financing Documents and other documents referenced therein, authorize the execution thereof, and authorize the execution and deliver) of the Bond; and WHEREAS, none of the members of the City Council have any financial interest or other potential conflicting interests in connection with the authorization or execution of the Financing Documents or the use of the proceeds thereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO: Section 1. Approvals Authorizations and Amendments. The forms of the Financing Documents presented at the Council meeting for final adoption of this Ordinance are incorporated herein bi reference and are hereby approved. The City shall enter into and perform its obligations under the Financing Documents in the forms of such Documents, with such changes as are not inconsistent herewith ant as are hereafter eafter approved b th eM Mayor. a o.Th The Mayor Y and City Clerk ekar r Y are hereby t tY authorized and tldir directed d to execute ueth ' the Financing Documents affix o ument i the seal s in substantially of the 9 antiall e Ci ther the forms s a r The Mayor, Y approved by this City C Clerk, P sDrdinan y , nY inn Manager and per Finance Director are u hereby authorized ina cn Doc ments. to execute and f any documents, ntsh other ru documents, s, r c instruments, ai certificates as are deemed necessary or desirable in connection with the City's performance of its obligations under the Financing Documents. The execution of any documents, instruments, or certificates by sail officials shall be conclusive evidence of the approval by the City of such documents, instruments, or certificates in accordance with the terms thereof and this Ordinance. Section 2. Election to Apply Portions of the Supplemental Act. Section 11 -57 -204 of the Supplemental Public Securities Act, constituting Title 11, Article 57, Part 2, C.R.S. (the "Supplemental Act" provides that a public entity, including the City, may elect in an act of issuance to apply all or any of the provisions of the Supplemental Act. The City hereby elects to apply all of the Supplemental Act to thi Financing Documents. Section 3. Delegation. Pursuant to Section 11 -57 -205 of the Supplemental Act, the City hereby delegates to each of the City Manager or the City Finance Director the independent authority to make the following determinations relating to and contained in the Financing Documents: (a) The interest rate on the Loan; (b) The principal amount of the Loan; (c) The amount of principal of the Loan maturing in any given year and the final maturity of the Loan; (d) The dates on which the principal of and interest on the Loan are paid; (e) The existence and amount of reserve funds for the Loan, if any; and (f) Any other matters described in Section 11- 57- 205(1)(a -i) of the Supplemental Act. The delegation in this Section 3 shall be subject to the following parameters and restrictions: (i) the interest rate on the Loan shall not exceed 3.25%; (ii) the principal amount of the Loan shall not exceei $43,000,000; and (iii) the final maturity of the Loan shall not be later than December 1, 2037. Section 4. Conclusive Recital. Pursuant to Section 11 -57 -210 of the Supplemental Act, the Bond and the Loan Agreement shall contain a recital that the Bond is issued pursuant to certain provision. of the Supplemental Act. Such recital shall be conclusive evidence of the validity and the regularity of the issuance of the Bond after its delivery for value. Section 5. Ratification and Approval of Prior Actions. All actions heretofore taken by the Mayor. any member of the City Council, officers and employees of the City, not inconsistent with the pravisiom of this Ordinance, relating to the Financing Documents, or actions to be taken in respect thereof, are hereby ratified, approved, and confirmed. Section 6. Pledge of Revenues. The creation, perfection, enforcement, and priority of the pledge of revenues to secure or pay the Bond and the Loan Agreement provided herein shall be governei by Section 11 -57 -208 of the Supplemental Act and this Ordinance. The amounts pledged to the payment of the Bond and the Loan Agreement shall immediately be subject to the lien of such pledge without an physical delivery, filing, or further act. The lien of such pledge shall have the priority described in the Loan Agreement and, specifically; -the lien of such pledge shall be on a parity with the lien of the City's Wate and Wastewater Enterprise Revenue Refunding Bands, Series 2013. The lien of such pledge shall be valid, binding, and enforceable as against all persons having claims of any kind in tort, contract, or atherwis against the City irrespective of whether such persons have notice of such liens. Section 7. Limit.tion of Actions. Pursuant to Section 11 -57 -212 of the Supplemental Act, no legal or equitable action brought with respect to any legislative acts or proceedings -in connection with th Financing Documents shall be commenced more than thirty days after the issuance of the Bond. Section 8. Disposition and Investment of Loan Proceeed . The proceeds of the-Loan shall be applied only to pay the casts and expenses of the Project, including costs related thereto and all °the costs and rxoenses ine'deM taeret_, inzl,:ding e itho ^t limitation the cn0 of nwnininy the Loan.. Neither ' nPDA, nor any subsequent o:rher'c) cf the L., rg!ecrc -_f shall be --. ,_. disposal by the City or any of its officers of the funds derived from the Loan. In the event that all of the proceeds of the Loan are not required to pay such costs and - expenses, any remaining amount shall be use • for the purpose of paying the principal amount of the Loan and the interest thereon. Section 9. City Representative. Pursuant to Exhibit B of the Loan Agreement, the City Manager is hereby designated as the Authorized Officer (as defined in the Loah Agreement) for the purpose c performing any act or executing any document relating to the Loan, the City, the Band or the Loan Agreement. A copy of this Ordinance shall be furnished to CWRPDA as evidence of such designation. Section 10. Estimated Life of Improvements. It is hereby determined that the estimated life of the Project to be financed with the proceeds of the Loan is not less than the maximum maturity of th Loan set forth in Section 3 hereof. Section 11. Direction to Take Authorizing Action. The Mayor, City Clerk, City Manager and other appropriate officers of the City are hereby authorized and directed to take all other actions necessary o appropriate to effectuate the provisions of this Ordinance, including but not limited to the execution and delivery of such certificates and affidavits as may reasonably be regddred by CWRPDA. Section 12. Severability. If any section, paragraph, clause, or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such sectior paragraph, clause, or provision shall not affect any of the remaining provisions of this Ordinance, the intent being that the same are severable. $ectlon 13. Repealc.,fALuuleca,r?.snbitioos- huiaiv.;,,ouyjnapces ourawdo'ex �sut0trufi ene the Cnysnarter, all statutes of the State of Colorado which might otherwise limit the City's ability to exec deliver andi)erform its obligations under the Loan Agreement or the Bond are hereby superceded. INTRODUCED, READ, PASSED ON FIRST READING, AND ORDERED PUBLISHED MARCH 17, 2015. ATTEST: Nancy Varra, City Clerk APPROVED AS TO FORM: Robert P. Muckle, Mayor Light Kelly, P.C., City Attorney PASSED AND ADOPTED ON SECOND AND FINAL READING April 7.2015. ATTEST: Nancy Varra, City Clerk STATE OF. COLORADO COUNTY OF BOULDER CITY OF LOUISVILLE S Robert P. Muckle, Mayor I, Nancy Varra, the duly appointed, qualified and acting City Clerk of the City of Louisville, Colorado (the "City") do hereby certify: 1. That the foregoing pages are a true, correct, and complete copy of Ordinance No. adopted by the City Council (the "City Council ") of the City (a) on first reading at a regular meeting of the C Council held at the Louisville City Hall, 749 Main Street, Louisville, Colorado, on March 17, 2015, and (b) on second reading, at a regular meeting of the City Council held at the Louisville City Hall on April 7, 201 2. The Ordinance has been signed by the Mayor, sealed with the corporate seal of the City, attested by me as City Clerk, and a true copy has been retained permanently in the records of the City. 3. The passage of the Ordinance on first reading was duly moved and seconded and the Ordinance was ached f t p on us reading by an affumauve vote of a majority of the entire City Council as follov, Name "Yes" N0 Absent Bob Muckle, Mayor Hank Dalton Jay Keany Chris Leh Jeff Lipton Susan Loo Ashley Stolzmann 4. That the Ordinance, as well as the no ice of public hearing, was published in full after firs reading in the Daily Camera, a newspaper of general circulation within the City, on March 22, 2015. Ti affidavit of publication is attached hereto as Exhibit A. 5. The passage of the Ordinance, on second and final reading was duly moved and seconded, and the Ordinance was passed on second and final reading, no earlier than four --- Bob 4 das publication, by an affirmative vote of a majority of the entire City Council as follows: 6. That the Ordinance was published by itle (with a statement that a copy of the full Ordinance is available at City offices) after second and final reading in the Daily Camera, a newspaper of gener; circulation within the City, on April 12, 2015. The aft davit of .publication is attached hereto as Exhibit B. 7. That notices of the regular meetings of March 17, 2015 and April 7, 2015, in the forms attached hereto as ELM ibit C, were posted at the Louisville City Hall, 749 Main Street, Louisville, Colorado Louisville Library, 951 Spruce Street, Louisville, Colorado; Louisville Recreation Center, 900 West Via Appia, Louisville, Colorado, and Louisville Police Department/Municipal Court, 992 West Via Apple, Louisville Colorado, and published on the City's website, not less than 72 hours prior to the meeting in accordance with the Charter. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said City this _ day of (SEAL) , 2015. EXHIBIT A (Attach Affidavit of Publication after First Reading) EXHIBIT B (Attach Affidavit of Publication after Second Reading) EXHIBIT C (Attach Notices of Meetings for March 17, 2015 and April 7, 2015) City Clerk • Name "Yes" "No Absent Muckle, Mayor Hank Dalton Jay Keany Chris Leh Jeff Lipton Susan Loo Ashley Stolzmann 6. That the Ordinance was published by itle (with a statement that a copy of the full Ordinance is available at City offices) after second and final reading in the Daily Camera, a newspaper of gener; circulation within the City, on April 12, 2015. The aft davit of .publication is attached hereto as Exhibit B. 7. That notices of the regular meetings of March 17, 2015 and April 7, 2015, in the forms attached hereto as ELM ibit C, were posted at the Louisville City Hall, 749 Main Street, Louisville, Colorado Louisville Library, 951 Spruce Street, Louisville, Colorado; Louisville Recreation Center, 900 West Via Appia, Louisville, Colorado, and Louisville Police Department/Municipal Court, 992 West Via Apple, Louisville Colorado, and published on the City's website, not less than 72 hours prior to the meeting in accordance with the Charter. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said City this _ day of (SEAL) , 2015. EXHIBIT A (Attach Affidavit of Publication after First Reading) EXHIBIT B (Attach Affidavit of Publication after Second Reading) EXHIBIT C (Attach Notices of Meetings for March 17, 2015 and April 7, 2015) City Clerk