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HomeMy WebLinkAboutordinance.council.028-89 ,/ r /\ ,. ___J -I '__'J') ~. /\ljI ~) 1 ) \ " '- ~ -. c .' j /~, ---1\/ J .' ORD I NANCE NO. )'/ I I~ , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 01 ASPEN, COLORADO AUTHORIZING, APPROVING AND DIRECTING THE CREATION OF THE CITY OF ASPEN PUBLIC FACILITIES AUTHORITY WHEREAS, the City of Aspen, Colorado (the "City") has been duly organized and is validly existing as a home rule city under the Colorado Constitution and the home rule charter of the City (the "Charter"); and WHEREAS, the City is desirous of authorizing, approving and directing the creation of a nonprofit corporation as an instrumentality of the City for certain limited purposes, which corporation shall be known as the "City of Aspen Public Facilities Authority" (the "Autho:ity"), and which shall be created under and pursuant to the provisions of the Colorado Nonprofit Corporation Act, articles 20 through 29 of title 7, Colorado Revised Statutes (the "Act"); and WHEREAS, any obligations issuec by the Authority shall never constitute a debt or indeutedness of the City within the meaning of any provision or limitation of the Colorado Constitution, the statutes or laws of the State of Colorado or the Charter, and shall not constitute nor give rise to a charge against the general credit or taxing powers of the City; provided, however, that the City may from time to time, consistent with t~e limitations of the CoI0~2~o Constitution and the Charter, enter into one or more leases, lease-purchase agreements or other financing arrang8mepts with the Authority upon the approval of the City Council of the City in accordance with law; and WHEREAS, the Authority is to be established for the purpose, among others, of facilitating the financing of facilities for parking and other public purposes which involve the construction of improvements and facilities for the benefit of the residents of the City; and WHEREAS, the proposed Articles of Incorporation for the Authority, in the form attached to this Ordinance as Exhibit A (the "Articles of Incorporation"), have been presented to the City Council of the City at this meeting for its authorization and approval; and WHEREAS, the Authority shall be possessed of the powers and authority as provided in the Articles of Incorporation; and WHEREAS, it is necessary for the financing of certain facilities for parking and other public improvements benefiting the City, and is in the best interest of the City, that the creation of the Authority be authorized, approved and directed, and that the Articles of Incorporation be authorized and approved, all in the manner and for the purposes hereinafter set forth. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: -2- 10360 1, It is hereby found and determined by the City Council of the City that the creation of the Authority as a nonprofit corporation under and pursuant to the Act is necessary and appropriate for the furtherance of the general welfare, order and security of the City and its residents, and is in the best interests of the City. 2. The Articles of Incorporation, in substantially the form attached hereto as Exhibit A, are in all respects hereby authorized and approved by the City Council of the City. 3. The Mayor of the City and other officers ane agents of the City are hereby authorized and directed to file the Articles of Incorporation, or cause the Articles of Incorporation to be filed, in substantially the form attached hereto as Exhibit A, with the Secretary of State of the State of Colorado and to do all such other things and perform such acts as they deem appropriate to cause the Authority to be duly incorporated as a nonprofit corporation in accordance with the Act. 4. The incorporators of the Authority and the initial membership of the Board of Directors, as set forth in the Articles of Incorporation for the Authority attached hereto as Exhibit A, are in all respects authorized and approved by the City Council of the City. 5. Any obligations issued by the Authority shall never constitute the debt or indebtedness of the City within the -3- 10360 meaning of any provision or limitation of the Colorado Constitution, the statutes or laws of the State of Colorado or the Charter, and shall not constitute nor give rise to a charge against the general credit or taxing powers of the City; provided, however, that the City may from time to time, consistent with the limitations of the Colorado Constitution and the Charter, enter into one or more leases, lease-purchase agreements or other financing arrangements with the Authority upon the approval of the City Council of the City in accordance with law. 6. In authorizing and approving the actions herein set forth, it is the intent of the City Council of the City to exercise the home rule powers of the City granted pursuant to the Colorado Constitution and the Charter, and the City Council of the City hereby finds, determines and declares that the matters herein referred to are matters of local or municipal concern and are appropriate for the exercise of the home rule powers of the City. 7, All actions not inconsistent with the provisions of this Ordinance heretofore taken by the.City Councilor officers or employees of the City in furtherance of the undertakings herein described are hereby ratified, approved and confirmed. 8. All prior ordinances, acts ~reers or resolutions, or parts thereof, by the City in conflict with this Ordinance -4- lC26D are hereby repealed, except that this repealer shall not be construed to revive any ordinance, act, order or resolution, or part thereof, heretofore repealed. 9. If any section, paragraph, clause or provision of this Ordinance shall be adjudged to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining sections, paragraphs, clauses or provisions of this Ordinance, it being the intention that the various parts hereof are severable. 10. A public hearing on this Ordinance shall be held on the 12th day of June 1989, at 5:00 p.m., in the City Council Chambers, Aspen City Hall, Aspen, Colorado. -5- i0360 INTRODUCED, READ AND ORDERED PUBLISHED as pLovided by law by the City Council of the City of Aspen on the 22nd day of May 1989. [SEAL] By Mayor Attest: By City Clerk FINALLY a9opted, passed and approved this 12th day of June 1989. [SEAL] By Mayor Attest: By City Clerk -6- :0360