HomeMy WebLinkAbout980 Financing of the Construction of Certain Public Improvements and Refinancing of Lease 10-14-2020ORDINANCE NO. 980
AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
COLORADO AUTHORIZING THE FINANCING OF THE CONSTRUCTION OF
CERTAIN PUBLIC IMPROVEMENTS AND THE REFINANCING OF CERTAIN
OUTSTANDING LEASE OBLIGATIONS; AUTHORIZING THE EXECUTION AND
DELIVERY OF AMENDMENTS TO 2018 AND 2019 SITE LEASES AND 2018 AND 2019
LEASE PURCHASE AGREEMENTS AND APPROVAL OF CERTAIN OTHER
DOCUMENTS AND MATTERS RELATED THERETO; AND AUTHORIZING
OFFICIALS OF THE TOWN TO TAKE ALL ACTION NECESSARY THERETO
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE:
Section 1. Recitals.
(A) The Town of Firestone, Colorado (the "Town") is a statutory town duly
organized and existing under the Constitution and laws of the State of Colorado (the "State").
(B) Members of the Board of Trustees of the Town (the "Board") have been
duly elected and qualified.
(C) The Town is authorized by Section 31-15-101(1)(d), Colorado Revised
Statutes ("C.R.S."), to acquire, hold, lease, and dispose of property, both real and personal.
(D) The Town is authorized by Section 31-15-801, C.R.S., to enter into rental
or leasehold agreements in order to provide necessary land, buildings, equipment and other
property for governmental or proprietary purposes.
(E) The Town is authorized by Section 31-15-713(1)(c), C.R.S. to lease any real
estate, together with any faces thereon, owned by the Town when deemed by the governing
body to be in the best interest of the Town
(F) Pursuant to such authority, and in order to finance the acquisition of certain
real estate located at the southeast corner of Colorado Boulevard and Sable Avenue, and the
buildings and/or improvements, if any, located thereon, the Town and the Firestone Finance
Authority (the "Authority") previously executed and delivered:
a. A Lease Purchase Agreement dated as of May 1, 2005 (the "Original
2005 Lease"), by and between the Town, as lessee, and the Authority,
as lessor; a First Amendment to Lease Purchase Agreement dated as of
August 1, 2006 (the "First Amendment to 2005 Lease, and together
with the Original 2005 Lease, the "2005 Lease"), by and between the
Town, as lessee, and the Authority, as lessor; and
b. A Mortgage and Indenture of Trust dated as of May 1, 2005 (the
"Original 2005 Indenture"), by and between the Authority and Valley
Bank & Trust (now Midwest Trust), as trustee thereunder (the "2005
Trustee"); a First Supplemental Mortgage and Indenture of Trust dated
as of August 1, 2006 (the "First Supplement to 2005 Indenture" and
together with the Original 2005 Indenture, the "2005 Indenture"), by
and between the Authority and the 2005 Trustee, as trustee thereunder;
and
c. A Special Warranty Deed dated as of May 31, 2005, conveying the
Leased Property (as defined in the 2005 Lease) (the "2005 Leased
Property") from the Authority to the Town, a Quitclaim Deed
conveying certain water and water rights from the Authority to the
Town, and a Bargain and Sale Deed conveying certain real property
from the Authority to the Town (collectively, the "Escrowed Deeds")
to be held in escrow by the 2005 Trustee until the Town shall have paid
the applicable Purchase Option Price or all Base Rentals and then
current Additional Rentals as provided in Section 11.1 of the 2005
Lease.
(G) Pursuant to the 2005 Indenture, there were executed and delivered
Certificates of Participation, Series 2005 (the "2005 Certificates"), evidencing assignments of the
right to receive certain revenues pursuant to the 2005 Lease.
(H) The 2005 Certificates are currently outstanding in the aggregate principal
amount of $830,000,
(I) Also pursuant to such authority, and in order to finance the acquisition,
construction and installation of a police building, to include a court facility and a multi -purpose
police training/community room and related machinery, equipment and tangible personal property
(the "2018 Project"), the Town previously entered into a Site Lease Agreement, dated as of April
26, 2018 (the "2018 Site Lease"), pursuant to which the Town leased to UMB Bank, n.a. (the
"2018 Trustee"), acting solely in its capacity as trustee under an Indenture of Trust dated as of
April 26, 2018 (the "2018 Indenture"), certain real property owned by the Town (the "2018 Site"),
which 2018 Site and the 2018 Project constructed thereon (the "2018 Leased Property") was leased
back to the Town by the 2018 Trustee pursuant to the terms of a Lease Purchase Agreement dated
as of April 26, 2018 (the "2018 Lease").
(J) The 2018 Site Lease, the 2018 Lease and the 2018 Indenture are hereafter
refer7ed to as the "2018 Financing Documents."
(K) Also pursuant to such authority and in order to finance the acquisition and
construction of certain improvements to the existing Town Hall facility, the acquisition and
construction of improvements to the public works facility, and the acquisition of certain
telecommunication equipment improvements and other improvements to certain other Town
owned facilities (the "2019 Project"), the Town entered into a Site Lease Agreement dated as of
June 12, 2019 (the "2019 Site Lease"), pursuant to which the Town leased to UMB Bank, n.a. (the
"Trustee"), solely in its capacity as trustee under an Indenture of Trust dated as of June 12, 2019
(the "2019 Indenture"), certain property (the "2019 Site") and the buildings located thereon
(collectively, the "2019 Leased Property"), which 2019 Leased Property was leased back to the
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Town from the Trustee pursuant to the terms of a Lease Purchase Agreement dated as of June 12,
2009 (the "2019 Lease"),
(L) The consideration received by the Town pursuant to the 2019 Site Lease
was delivered to the Town under the 2019 Indenture and was to be used for the construction of the
2019 Project.
(M) Pursuant to the 2019 Indenture there were executed and delivered certain
Certificates of Participation, Series 2019 (the "2019 Certificates"), in the original principal amount
of $5,585,0006
(N) A portion of the proceeds of the 2019 Certificates were expected to be
utilized to finance the construction of the 2019 Project.
(0) The 2019 Site Lease, the 2019 Lease and the 2019 Indenture are collectively
referred to herein as the "2019 Financing Documents."
(P) The 2019 Certificates were purchased by JPMorgan Chase Bank, N.A., as
the Initial Purchaser (the "Initial Purchaser"), who is the current owner of 100% of the 2019
Certificates outstanding.
(Q) Subsequent to the execution and delivery of the 2019 Certificates, the Board
determined, and now hereby determines, that it is in the best interest of the Town and the residents
and taxpayers to utilize a portion of the proceeds of the 2019 Certificates, along with proceeds of
the hereinafter defined 2020 Certificates, to construct a new Town Hall facility (the "Town Hall
Project" and together with the 2019 Project, the "2019/2020 Project") on a portion the 2018 Site
and to fully refund, pay and defease the outstanding 2005 Certificates (the "Refunding Project"
and together with 2019/2020 Project, the "Project").
(R) Pursuant to Section 2.08 of the 2019 Indenture, under certain conditions,
Additional Certificates maybe executed and delivered under the terms of the 2019 Indenture upon
the prior written consent of the Initial Purchaser if at such time it is Owner of 100% of the 2019
Certificates then Outstanding.
(S) Pursuant to Section 9.01 and 9.03 of the 2019 Indenture, the 2019 Financing
Documents maybe amended, with the prior written consent of the Initial Purchaser if at such time
it is the Owner of 100% of the 2019 Certificates then Outstanding, to authorize the execution and
delivery of Additional Certificates for the purposes and under the conditions set forth in Section
2.08 of the 2019 Indenture.
(T) The Initial Purchaser has consented to the execution and delivery of
Additional Certificates under the terms of the 2019 Indenture and to the amendment of the 2019
Financing Documents.
(U) In order to complete construction of the 2019/2020 Project and to effect the
Refunding Project, the Board has determined, and now hereby determines, that it is in the best
interest of the Town and its inhabitants to amend and supplement the 2019 Indenture (the "First
Supplement to 2019 Indenture" or, together with the 2019 Indenture, the "Indenture"), the 2019
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Lease (the "First Amendment to 2019 Lease" or, together with the 2019 Lease, the "Lease") and
the 2019 Site Lease (the "First Amendment to 2019 Site Lease" or, together with the 2019 Site
Lease, the "Site Lease") to authorize the execution and delivery of Certificates of Participation,
Series 2020 (the "2020 Certificates"), the proceeds of which, when combined with the proceeds of
the 2019 Certificates, shall be used to finance the acquisition, construction, installation, and
equipping of the 2019/2020 Project and to effect the Refunding Project.
(V) In connection with the Refunding Project, the 2005 Leased Property will be
released from the terms and provisions of the 2005 Lease and the 2005 Indenture and the
Authority's interest in such 2005 Leased Property will be conveyed to the Town by the release of
the Escrowed Deeds by the 2005 Trustee to the Town for recording.
(W) The 2020 Certificates will be purchased by the Initial Purchaser.
(X) The 2020 Certificates will be executed and delivered pursuant to certain
amendments to the 2019 Financing Documents as further described below:
a. Pursuant to the Lease, and subject to the right of the Town to terminate the Lease
and other limitations as therein provided, the Town will pay certain recalculated
Base Rentals and Additional Rentals (as such terms are defined in the Lease) in
consideration for the right of the Town to use the Leased Property (as more
particularly described in the Lease).
b. The Town's obligation under the Lease to pay recalculated Base Rentals and
Additional Rentals shall be from year to year only; shall constitute currently
budgeted expenditures of the Town; shall not constitute a mandatory charge or
requirement in any ensuing budget year; and shall not constitute a general
obligation or other indebtedness or multiple fiscal year financial obligation of the
Town within the meaning of any constitutional or statutory limitation or
requirement concerning the creation of indebtedness or multiple fiscal year
financial obligation, nor a mandatory payment obligation of the Town in any
ensuing fiscal year beyond any fiscal year during which the Lease shall be in effect.
c. The Trustee will execute and deliver the First Supplement to 2019 Indenture,
pursuant to which there is expected to be executed and delivered the 2020
Certificates, dated as of their date of delivery, that shall evidence proportionate
interests in the right to receive certain Revenues (as defined in the Lease), shall be
payable solely from the sources therein provided and shall not directly or indirectly
obligate the Town to make any payments beyond those appropriated for any fiscal
year during which the Lease shall be in effect.
d. The net proceeds of the 2020 Certificates are expected to be used to provide funds,
when combined with the 2019 Certificates, in an amount sufficient to finance the
costs of the 2019/2020 Project and the Refunding Project and to pay the costs of
execution and delivery of the 2020 Certificates.
(Y) In order to complete construction of the Town Hall Project, the Town has
determined that it is in the best interest of the Town and its inhabitants and taxpayers that a portion
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of the 2016 Site be released from the 2018 Lease and 2016 Site Lease, to allow the new Town Hall
to be constructed thereon, and substituted with other real property owned by the Town
(collectively, the "Property Substitution").
(Z) Pursuant to Section 11.4 of the 2018 Lease, so long as no Event of Default
or Event of Nonappropriation shall have occurred and be continuing, the Town shall be entitled to
substitute any improved or unimproved real estate, for any 2018 Leased Property then subject to
the 2018 Site Lease, the 2018 Lease, and the 2018 Indenture, upon receipt by the Trustee of a
written request of the Town Representative (as defined in the 2018 Lease) requesting such release
and substitution and satisfaction of certain conditions contained in the 2018 Lease.
(AA) The Town Representative has presented the Trustee with the appropriate
certificates and documents to effect such partial release and substitution.
(BB) Pursuant to Section 9.03 of the 2018 Indenture, the 2018 Lease and the 2018
Site Lease may be amended without consent of or notice to the Owners of the Certificates (as
defined in the 2018 Indenture), in order to more precisely identify the 2018 Leased Property,
including any substitutions, additions or modifications to the 2018 Leased Property as the case
may be, as authorized under the 2018 Site Lease and the 2018 Lease.
(CC) The Board has determined that it is in the best interests of the Town and its
residents and taxpayers that the Town and the 2018 Trustee execute and deliver a First Amendment
to 2018 Site Lease Agreement (the "First Amendment to 2018 Site Lease") and First Amendment
to 2018 Lease Purchase Agreement (the "First Amendment to 2018 Lease") in order to more
precisely identify the 2018 Leased Property after the Property Substitution.
(DD) There has been presented to the Board and are on file at the Town offices
the following: (i) the proposed form of the First Amendment to 2019 Site Lease, (ii) the proposed
Form of the First Amendment to 2019 Lease; (iii) the proposed form of the First Amendment to
2018 Site Lease; and (iv) the proposed form of the First Amendment to 2018 Lease.
(EE) Capitalized terms used herein and not otherwise defined shall have the
meanings set forth in the Lease.
(FF) Section 11-57-204 of the Supplemental Public Securities Act, constituting
Title 11, Article 57, Part 2, Colorado Revised Statutes (the "Supplemental Act"), provides that a
public entity, including the Town, may elect in an act of issuance to apply all or any of the
provisions of the Supplemental Act.
(GG) No member of the Board has any conflict of interest or is interested in any
pecuniary manner in the transactions contemplated by this ordinance.
Section 2. Short Title. This ordinance shall be known and may be cited by the title
"2020 COP Ordinance."
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Section I Ratitication and Approval of Prior Actions. All action heretofore taken
(not inconsistent with the provisions of this ordinance) by the Board or the officers, agents or
employees of the Board or the Town relating to the Site Lease, the Lease, the implementation of
the Project and the Property Substitution, the execution and delivery of the First Amendment to
2019 Site Lease, the First Amendment to 2019 Lease, the First Amendment to 2018 Site Lease,
the First Amendment to 2018 Lease, and the execution and delivery of the 2020 Certificates is
hereby ratified, approved and confirmed.
Section 4. Finding of Best Interests. The Board hereby finds and determines,
pursuant to the Constitution and the laws of the State of Colorado, that the Project under the terms
and provisions set forth in the First Amendment to 2019 Site Lease and the First Amendment to
2019 Lease and the First Supplement to 2019 Indenture, and that the Property Substitution under
the terms and provisions of the First Amendment to 2018 Site Lease and the First Amendment to
2018 Lease, are necessary, convenient and in furtherance of the Town's purposes and is in the best
interests of the inhabitants of the Town and the Board hereby authorizes and approves the same.
Section 5. Supplemental Act; Parameters. The Board hereby elects to apply all of
the provisions of the Supplemental Act to the First Amendment to 2019 Site Lease and the First
Amendment to 2019 Lease, and in connection therewith delegates to the Mayor of the Town (the
"Mayor"), the Town Manager of the Town (the "Town Manager") or the Finance Director of the
Town (the "Finance Director") the independent authority to make any determination delegable
pursuant to Section 11-57-205(1), Colorado Revised Statutes, in relation to the First Amendment
to 2019 Site Lease and the First Amendment to 2019 Lease, and to execute a sale certificate (the
"Sale Certificate") setting forth such determinations, including without limitation, the term of the
Site Lease, the rental amount to be paid by the Trustee pursuant to the Site Lease, the term of the
Lease and the rental amount to be paid by the Town pursuant to the Lease, subject to the following
parameters and restrictions:
(a) the term of the Site Lease shall not extend beyond December 31, 2040;
(b) the term of the Lease shall not extend beyond December 31, 2030;
(c) the aggregate principal amount of the Base Rentals payable by the Town
pursuant to the First Amendment to 2019 Lease shall not exceed
$400,000;
(d) the maximum annual repayment amount of Base Rentals payable by the
Town pursuant to the First Amendment to 2019 Lease shall not exceed
$450,000;
(e) the maximum total repayment amount of Base Rentals payable by the
Town pursuant to the First Amendment to 2019 Lease shall not exceed
$4,500,000; and
(f) the maximum net effective interest rate on the interest component of the
Base Rentals relating to the 2020 Certificates shall not exceed 2.00%.
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Pursuant to Section 11-D /-205 of the Supplemental Act, the Board hereby delegates to the
Mayor, the Town Manager or the Finance Director the independent authority to acknowledge a
contract for the purchase of the 2020 Certificates between the Trustee and the Initial Purchaser (as
defined in the Indenture).
The Board hereby agrees and acknowledges that the proceeds of the 2019 Certificates and
the 2020 Certificates will be used to finance the costs of the Project and to pay other costs of
execution and delivery.
The Town hereby consents to and acknowledges the execution and delivery of the First
Supplement to 2019 Indenture by the Trustee and the use of the proceeds of the 2019 Certificates
and the 2020 Certificates to effect the Project.
Section 6. Approval of Documents. The First Supplement to 2019 Indenture, the
First Amendment to 2019 Site Lease, the First Amendment to 2019 Lease, the First Amendment
to 2018 Site Lease, and the First Amendment to 2018 Lease, in substantially the forms presented
to the Board and on file with the Town, are in all respects approved, authorized and confirmed,
and the Mayor is hereby authorized and directed for and on behalf of the Town to execute and
deliver such documents in substantially the forms and with substantially the same contents as
presented to the Board, provided that such documents may be completed, corrected or revised as
deemed necessary by the parties thereto in order to carry out the purposes of this ordinance.
Section 7. Authorization to Execute Collateral Documents. The Town Clerk is
hereby authorized and directed to attest all signatures and acts of any official of the Town in
connection with the matters authorized by this ordinance and to place the seal of the Town on any
document authorized and approved by this ordinance. The Mayor and Town Clerk and other
appropriate officials or employees of the Town are hereby authorized to execute and deliver for
and on behalf of the Town any and all additional certificates, documents, instruments and other
papers, and to perform all other acts that they deem necessary or appropriate, in order to implement
and carry out the transactions and other matters authorized by this ordinance. The appropriate
officers of the Town are authorized to execute on behalf of the Town agreements concerning the
deposit and investment of funds in connection with the transactions contemplated by this
ordinance, and are specifically authorized and directed hereby to invest such funds in Permitted
Investments as are defined and provided in the Indenture. The execution of any instrument by the
aforementioned officers or members of the Board, whether executed manually or by electronic
signature in accordance with Title 24, Article 71.3, C.R.S., shall be conclusive evidence of the
approval by the Town of such instrument in accordance with the terms hereof and thereof.
Section 8. No General Obligation Debt. No provision of this ordinance, the Site
Lease, the Lease, the Indenture, or the 2020 Certificates shall be construed as creating or
constituting a general obligation or other indebtedness or multiple fiscal year financial obligation
of the Town within the meaning of any constitutional or statutory provision, nor a mandatory
charge or requirement against the Town in any ensuing fiscal year beyond the then current fiscal
year. The Town shall have no obligation to make any payment with respect to the 2020 Certificates
except in connection with the payment of the Base Rentals (as defined in the Lease) and certain
other payments under the Lease, which payments may be terminated by the Town in accordance
with the provisions of the Lease. Neither the Lease nor the 2020 Certificates shall constitute a
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mandatory charge or requirement of the Town in any ensuing fiscal year beyond the then current
fiscal year or constitute or give rise to a general obligation or other indebtedness or multiple fiscal
year financial obligation of the Town within the meaning of any constitutional or statutory debt
limitation and shall not constitute a multiple fiscal year direct or indirect debt or other financial
obligation whatsoever. No provision of the Site Lease, the Lease or the 2020 Certificates shall be
construed or interpreted as creating an unlawful delegation of governmental powers nor as a
donation by or a lending of the credit of the Town within the meaning of Sections 1 or 2 of Article
XI of the Colorado Constitution. Neither the Lease nor the 2020 Certificates shall directly or
indirectly obligate the Town to make any payments beyond those budgeted and appropriated for
the Town's then current fiscal year.
Section 9. Reasonableness of Rentals. The Board hereby determines and declares
that the Base Rentals due under the Lease, in the maximum amounts authorized pursuant to Section
5 hereof, constitute the fair rental value of the Leased Property and do not exceed a reasonable
amount so as to place the Town under an economic compulsion to renew the Lease or to exercise
its option to purchase the Trustee's leasehold interest in the Leased Property pursuant to the Lease.
The Board hereby determines and declares that the period during which the Town has an option to
purchase the Trustee's leasehold interest in the Leased Property (i.e., the entire maximum term of
the Lease) does not exceed the useful life of the Leased Property. The Board hereby further
determines that the amount of rental payments to be received by the Town from the Trustee
pursuant to the Site Lease is reasonable consideration for the leasing of the Leased Property to the
Trustee for the term of the Site Lease as provided therein.
Section 10. No Recourse against Officers and Agents. Pursuant to Section 11-57-209
of the Supplemental Act, if a member of the Board, or any officer or agent of the Town acts in
good faith, no civil recourse shall be available against such member, officer, or agent for payment
of the principal, interest or prior redemption premiums on the 2020 Certificates. Such recourse
shall not be available either directly or indirectly through the Board or the Town, or otherwise,
whether by virtue of any constitution, statute, rule of law, enforcement of penalty, or otherwise.
By the acceptance of the 2020 Certificates and as a part of the consideration of their sale or
purchase, any person purchasing or selling a 2020 Certificate specifically waives any such
recourse.
Section 11. Repealer. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer
shall not be construed to revive any such bylaw, order, resolution or ordinance, or part thereof,
heretofore repealed.
Section 12. Severability. If any section, subsection, paragraph, clause or provision of
this ordinance or the documents hereby authorized and approved (other than provisions as to the
payment of Base Rentals by the Town during the Lease Term, provisions for the quiet enjoyment
of the Leased Property by the Town during the Lease Term and provisions for the conveyance of
the Leased Property to the Town under the conditions provided in the Lease) shall for any reason
be held to be invalid or unenforceable, the invalidity or unenforceability of such section,
subsection, paragraph, clause or provision shall not affect any of the remaining provisions of this
ordinance or such documents, the intent being that the same are severable.
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Section 13. Effective Date and Disposition. This ordinance shall be in full
force and effect 30 days after its passage and publication. This ordinance, as adopted by the Board,
shall be numbered and recorded by the Town Clerk in the official records of the Town. The
adoption and publication shall be authenticated by the signatures of the Mayor and the Town Clerk,
and by the certificate of publication.
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INTRODUCED, PASSED AND ADOPTED AT A REGULAR MEETING OF
THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE THIS 14TH DAY OF
OCTOBER, 2020,
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SEA o
(SEAL) BL o
OUNTY, GO
ATTEST:
TOWN OF FIRESTONE, COLORADO
Bobbi Smdelar, Mayor
APP„R01 AS TO FORM
Iliam`F5. �I�yashi, Town Attorney
10
STATE OF COLORADO
COUNTY OF WELD
TOWN OF FIRESTONE
certify:
I, Jessica Koenig, the Town Clerk of the Town of Firestone, Colorado, do hereby
1. The foregoing pages are a true, correct and complete copy of the Ordinance
adopted by the Board of Trustees constituting the governing board of the Town of Firestone (the
"Board of Trustees"), by vote had and taken at an open, regular meeting of the Board of Trustees
held at the Firestone Police and Municipal Court Facility, 2 Park Avenue, Firestone, Colorado, on
October 14, 2020, convening at the hour of 7:00 p.m. as recorded in the regular book of official
records of the proceedings of said Town of Firestone kept in my office.
2. The Ordinance was adopted at an open, regular meeting of the Board of
Trustees on October 14, 2020, by an affirmative vote of a majority of the voting members of the
Board of Trustees, as follows:
Name
"Yes"
"No"
Absent
Abstain
Bobbi Sindelar, Mayor (votes only in the
event of a tie)
Frank A. Jimenez, Mayor Pro Tem
Don Cony...
Sean Doherty
Samantha Meiring
Douglas Sharp
David Whelan
3. The members of the Board of Trustees were present at the meeting and
voted on the passage of such Ordinance as set forth above.
4. There are no bylaws, rules or regulations of the Board of Trustees which
might prohibit the adoption of said Ordinance.
5. Notice of the meeting of October 14, 2020, in the form attached hereto as
Exhibit A was posted at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado, not less
than 24 hours prior to the meeting in accordance with law.
6. The Ordinance was published by title in the Longmont Times -Call, a
newspaper of general circulation in the Town, on October�� 2020, together with a statement that
1
the complete text of the Ordinance is available at Town Hall and on the Town's official website,
and the affidavit of publication is attached hereto as Exhibit B.
IN WITNESS WHEREOF, I have hereunto set my all and affixed the seal of said
Town this 1 6M day of October 2020.
J�ONE`'�
(SEAL)
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2
EXHIBIT A
(Attach Notices of Meeting)
A-1
FIRESTONE
REGULAR MEETING AGENDA
October 141 2020
7:00 PM
Virtual Meeting
2 Park Avenue
Firestone, CO 80504
PRE -MEETING WORK SESSION 6:30 PM IN THE TRAINING ROOM
AGENDA FOR THE WORK SESSION IS A DISCUSSION OF THE REGULAR MEETING AGENDA BELOW
REGULAR MEETING 7:00 PM IN THE COURT ROOM
1. Access Information
1.a. Town of Firestone is inviting you to a scheduled Zoom meeting.
Topic: 10-14-2020 Board of Trustees Meeting
Time: Oct 14, 2020 07:00 PM Mountain Time (US and Canada)
Join Zoom Meeting
httpsaHus02web.zoom.us/j/81719851117?pwd=SnkzWjUyREJ3ROlzdlFTQm1 kejFsZzO
9
Meeting ID: 817 1985 1117
Passcode.199973
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Meeting ID: 817 1985 1117
Passcode: 199973
Find your local number: https*Hus02web.zoom.us/u/keeC8Ktb7g
" Individuals that desire to address the Board of Trustees are requested to sign up at the table at the entrance to the meeting room. Each
individual will be provided an opportunity to speak (limited to three minutes) during Public Comment. tvtaximum time permitted for all Public
Comment is 30 minutes.
If
you need
special assistance in order to participate
in a Board of Trustees
meeting, please contact the Town Clerk's Office at 303-531-6264
in
advance
of the meeting
to make arrangements.
Aforty-eight-hour
notice
is requested.
Town of Firestone Board of Trustees
Regular Meeting Agenda
7:00 PM
October 14, 2020
Page 2 of 5
2. Call to Order &Roll Call
3. Pledge of Allegiance
4. Approval of Agenda
5. Public Comment *(maximum time permitted for all Public Comment is 30 minutes)
6. Consent Agenda
6.a. Approval of September 23, 2020 Meeting Minutes
6.b. Resolution 20-93: A RESOLUTION OF THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO, APPROVING AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF
FIRESTONE AND THE ST VRAIN VALLEY SCHOOL DISTRICT RE-1J FOR A
JOINT SCHOOL RESOURCE OFFICER PROGRAM
6.c. Resolution 20-97: A RESOLUTION OF THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLOR DO, CONCERNING THE MEMBERSHIP,
ROLES AND RESPONSIBILITIES OF THE TOWN OF FIRESTONE FINANCE
COMMITTEE
7. Presentation
7.a. STAR Award
8. Land Development
8.a. Ordinance 9$1: AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO, REPEALING AND REENACTING IN
THEIR ENTIRETY CHAPTERS 15,04 (BUILDING CODE), 15.06
(INTERNATIONAL RESIDENTIAL CODE), 15.08 (NATIONAL ELECTRIC
CODE), 15.10 (INTERNATIONAL EXISTING BUILDING CODE), 15.12
(INTERNATIONAL FUEL GAS CODE), 15.32 (INTERNATIONAL FIRE CODE),
AND 15.36 (INTERNATIONAL ENERGY CONSERVATION CODE) OF THE
FIRESTONE MUNICIPAL CODE; AMENDING TITLE 15 OF THE FIRESTONE
MUNICIPAL CODE TO ADD A NEW CHAPTER 15.14 REGARDING
ADOPTION OF THE 2018 INTERNATIONAL MECHANICAL CODE;
AMENDING TITLE 15 OF THE FIRESTONE MUNICIPAL CODE TO ADD A
NEW CHAPTER 15,16 REGARDING ADOPTION OF THE 2018
INTERNATIONAL PLUMBING CODE; AMENDING TITLE 15 OF THE
FIRESTONE MUNICIPAL CODE TO ADD A NEW CHAPTER 15,18
* Individuals that desire to address the Board of Trustees are requested to sign up at the table at the entrance to the meeting room. Each
individual will be provided an opportunity to speak (limited to three minutes) during Public Comment. Maximum time permitted for all Public
Comment is 30 minutes.
If
you need
special assistance in order to participate
in a Board
of Trustees
meeting, please contact the Town Clerk's Office at 303-833-3291
in
advance
of the meeting to make arrangements.
Aforty-eight-hour
notice
is requested.
Town of Firestone Board of Trustees
Regular Meeting Agenda
7:00 PM
October 14, 2020
Page 3 of 5
REGARDING ADOPTION OF THE 2018 INTERNATIONAL PROPERTY
MAINTENANCE CODE, AND AMENDING TITLE 15 OF THE FIRESTONE
MUNICIPAL CODE TO ADD A NEW CHAPTER 15.20 REGARDING
ADOPTION OF THE 2018 INTERNATIONAL SWIMMING POOL AND SPA
CODE
9. Discussion/Action
9.a. Resolution 20-95: A RESOLUTION OF THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT
BETWEEN THE TOWN OF FIRESTONE AND CENTENNIAL ARCHAEOLOGY
LLC FOR A CLASS III PEDESTRIAN AND CULTURAL INVENTORY OF THE
TOWN OF FIRESTONE'S INJECTION WELL PAD AND ASSOCIATED
FACILITIES SITE
9.b. Finance Committee Appointments
9.c. Resolution 20-91: A RESOLUTION OF THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO, APPROVING A SUMMARY OF GRANT
AWARD TERMS AND CONDITIONS BETWEEN THE TOWN OF FIRESTONE
AND THE STATE OF COLORADO
9.d. Resolution 20-92: A RESOLUTION OF THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT
BETWEEN THE TOWN OF FIRESTONE AND FRANSEN PITTMAN
CONSTRUCTION COMPANY REGARDING CONSTRUCTION SERVICES
FOR THE FIRESTONE TOWN HALL CONSTRUCTION PROJECT
9.e. Ordinance 980: AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO AUTHORIZING THE FINANCING OF
THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS AND THE
REFINANCING OF CERTAIN OUTSTANDING LEASE OBLIGATIONS,
AUTHORIZING THE EXECUTION AND DELIVERY OF AMENDMENTS TO
2018 AND 2019 SITE LEASES AND 2018 AND 2019 LEASE PURCHASE
AGREEMENTS AND APPROVAL OF CERTAIN OTHER DOCUMENTS AND
MATTERS RELATED THERETO; AND AUTHORIZING OFFICIALS OF THE
TOWN TO TAKE ALL ACTION NECESSARY THERETO
9.f. Resolution 20-94: A RESOLUTION OF THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT
BETWEEN THE TOWN OF FIRESTONE AND BOHANNAN HUSTON INC FOR
A TRANSPORTATION MASTER PLAN
Individuals that desire to address the Board of Trustees are requested to sign up at the table at the entrance to the meeting room. Each
individual will be provided an opportunity to speak (limited to three minutes) during Public Comment. Maximum time permitted for all Public
Comment is 30 minutes.
If
you need
special assistance in order to participate
in a Board
of Trustees
meeting, please contact the Town Clerk's Office at 303-833-3291
in
advance
of the meeting to make arrangements. Aforty-eight-hour
notice
is requested.
Town of Firestone Board of Trustees
Regular Meeting Agenda
7:00 PM
October 14, 2020
Page 4 of 5
9.9. Resolution 20-96: A RESOLUTION OF THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT
BETWEEN THE TOWN OF FIRESTONE AND WESTWATER RESEARCH LLC
FOR WATER RIGHTS ACQUISITION ASSISTANCE REGARDING NATIVE
DITCH WATER RIGHTS
9.h. Broadband Initiative Update
10. Public Comment *(maximum time permitted for all Public Comment is 30 minutes)
11. Reports
11.a. Staff
11.b. Mayor
11.c. Trustees
12. Adjournment
Individuals that desire to address the Board of Trustees are requested to sign up at the table at the entrance to the meeting room. Each
individual will be provided an opportunity to speak (limited to three minutes) during Public Comment. Maximum time permitted for all Public
Comment is 30 minutes.
If
you need
special assistance in order to participate
in a
Board
of Trustees
meeting, please contact the Town Clerk's Office at 303-833-3291
in
advance
of the meeting to make arrangements. Aforty-eight-hour
notice
is requested.
Town of Firestone Board of Trustees
Regular Meeting Agenda
7:00 PM
October 14, 2020
Page 6 of 6
"` Individuals that desire to address the Board of Trustees are requested to sign up at the table at the entrance to the meeting room. Each
individual will be provided an opportunity to speak (limited to three minutes) during Public Comment. Maximum time permitted for all Public
Comment is 30 minutes.
If you need special assistance in order to participate in a Board of Trustees meeting, please contact the Town Clerk's Office at 303-833-3291
in advance of the meeting to make arrangements. Aforty-eight-hour notice is requested.
EXHIBIT B
(Attach Affidavit of Publication)
B-1
54473078.v4
Ordinance 980: AN ORDINANCE OF THE BOARD OF TRUSTEES OF
THE TOWN OF FIRESTONE, COLORADO AUTHORIZING THE FINANC-
Introduced, Passed and Adopted this 14th day of October, 2020
/s/Babbi Sindelar, Mayor
ATTEST:
/s/Jessica Koenig, Town Clerk
The complete text of the ordinance is available at Town Hall and on
the Town's official website
Published: Longmont Times Call October 20, 2020.1746873
Prairie Mountain Media, LLC
PUBLISHER'S AFFIDAVIT
County of Boulder
State of Colorado
The undersigned, Elizabeth Maes ,being first duly
sworn under oath, states and affirms as follows:
1. Helshe is the legal Advertising Reviewer of
Prairie Mountain Media LLC, publisher of the
Longmont Times Call.
2. The Longmont Times Call is a newspaper
of general circulation that has been published
continuously and without interruption for at least
fifty-two weeks in Boulder County and
meets the legal requisites for a legal newspaper
under Colo. Rev. Stat, 2440-103,
3. The notice that is attached hereto is a true copy,
published In the Longmont Times Call
In Boulder County on the following date(s):
Oct 20. 2020
Subs ribed and swo to me before me this ��� )-
`!`day or )•
MELISSA L NAJERAY
IVQTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20054049936
tsEAL) MY COMMISSION EXPIRES DECEMBER 11, 2022
Account:
1051150
Ad Number:
1746673
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$18.56