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HomeMy WebLinkAbout07901ORDINANCE NO. 7901 AN ORDINANCE AMENDING ORDINANCE NO. 7874 RELATING TO THE MAXIMUM NET EFFECTIVE INTEREST RATE OF THE CITY OF PUEBLO, COLORADO MUNICIPAL BUILDING CORPORATION CERTIFICATES OF PARTICIPA -TION, SERIES 2008 (POLICE COMPLEX PROJECT) BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1 Section 5 of Ordinance No. 7874 is hereby amended to read as follows: The City Council hereby authorizes and consents to the issuance and sale of the Certificates pursuant to the Indenture. The City Council hereby authorizes and approves the form, terms and provisions of the Certificates contained in the Indenture, in substantially the form and with substantially the same content as that presented at the September 8, 2008 [to this] meeting of the City Council; provided, that the principal amount of the Certificates shall not exceed $25,500,000 and the net effective interest rate of the Certificates as a whole upon issuance shall not exceed [5.5] 6_5 %. The City Clerk and the President of the City Council are hereby authorized and directed to affix their facsimile signatures and the City seal, or a facsimile thereof, to authenticate the Certificates, as provided in the Lease and the Indenture. In addition, the City Council approves the sale of the Certificates to an underwriter chosen on the basis of requests for proposals, by the City's City Manager, the City's Director of Finance and the City's Financial Advisor. RFr.T1nIV 9 Due to the unprecedented volatility and rapid changes in the financial markets and the pressing need to timely obtain financing for the construction of the Police Complex Project, the City Council hereby finds, determines and declares that this Ordinance is necessary for the immediate preservation and protection of the public health, property, safety and welfare. SECTION 3 This Ordinance shall become effective upon final passage and approval, except, that, this Ordinance shall automatically be repealed if the City of Pueblo, Colorado Municipal Building Corporation Certificates of Participation, Series 2008 (Police Complex Project) are marketed with a net effective interest rate as a whole upon issuance of 5.5% or less on or before November 20, 2008. INTRODUCED October 14, 2008 AGENDA ITEM # 1 DATE: October 14, 2008 DEPARTMENT: Law Department TITLE AN ORDINANCE AMENDING ORDINANCE NO. 7874 RELATING TO THE MAXIMUM NET EFFECTIVE INTEREST RATE OF THE CITY OF PUEBLO, COLORADO MUNICIPAL BUILDING CORPORATION CERTIFICATES OF PARTICIPATION, SERIES 2008 (POLICE COMPLEX PROJECT) ISSUE Should City Council authorize the issuance of the Police Complex Certificate of Participation at a net effective interest rate not to exceed 6.5 %? RECOMMENDATION Approve the Ordinance. BACKGROUND Due to unprecedented volatility and rapid changes in the financial markets, and in order to timely market the Certificates of Participation from the Police Complex Project ( "Certificates "), it may be necessary to increase the maximum net effective interest rate of the Certificates from 5.5% to 6.5% which would increase the debt service on the Certificates. This Ordinance is presented as an emergency Ordinance under Section 3- 20 of the Charter. First presentation will be on October 14, 2008 and second presentation will be at a special council meeting to be held October 20, 2008. FINANCIAL IMPACT See Background.