HomeMy WebLinkAboutordinance.council.066-83RECORD OF PROCEEDINGS
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ORDINANCE NO. 66
(Series of 1983)
AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE
AGREEMENT WITH PITKIN COUNTY, COLORADO; PROVIDING
FOR THE PLEDGE THERETO OF INCOME DERIVED BY THE
CITY FROM DESIGNATED SALES TAXES; AUTHORIZING THE
EXECUTION OF MISCELLANEOUS DOCUMENTS IN CONNECTION
WITH THE LEASE AND THE TRANSACTIONS CONTEMPLATED
THEREBY; APPROVIND AN OFFICIAL STATEMENT AND THE
EXECUTION THEREOF; REPEALING ALL ORDINANCES, IF ANY,
IN CONFLICT HEREWITh; AND PROVIDING THE EFFECTIVE
DATE HEREOF
WHEREAS, the City of Aspen, colorado (the "City") is a
legally and regularly created, established, organized and
existing municipal corporation under the provisions of
Article XX of the Constitution of the State of Colorado and
the homre rule charter (the ,'Charter"), of the City; and
WHEREAS, the City has, by ordinance No. 15-A, Series of
1972, (the "Sales Tax ordinance"), imposed a retail sales tax
in the City; and
WHEREAS, Pitkin County, Colorado, (the "County"), is
expected to issue revenue bonds (the "Bonds") to finance the
cost of certain buses and a bus maintenance and storage
facility (the "Project"); and
WHEREAS, the City desires to lease the Project pursuant
to Section 10.8 of the Charter, and make the required pay-
ments thereunder from the sales tax imposed by the Sales Tax
ordinance, on a parity with certain other obligations of the
City payable therefrom; and
WHEREAS, the form of said lease agreement as of
December 1, 1983 (the "Lease") has been presented to the
City Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1. The Lease, in the form presented to the
Council, is hereby approved, and the Mayor and City Clerk
are hereby authorized and directed to execute, attest, seal
and deliver the Lease in substantially the form presented to
the Council, with such changes therein as the officers of
the City executing the same may deem appropriate, their exe-
cution and delivery thereof to be conclusive evidence of
their approval of such changes.
Section 2. The pleased of the Pledged Revenues (as
defined in the Lease), as set forth and provided for in the
Lease, is hereby approved.
RECORD OF PROCEEDINGS 100 Leaves
· or city clerk and other officer of
ection 3. The May. , - · d to execute all
Se ..... 'zed and dlrecte .
the City are hereby ~ut~O~ con~unction with the execution of
other documentS requlreu_~ ~onds by the County and the
the Lease, the issuance u~ u~
transaction contemplated thereby.
Section 4. The official Statement, in the form presented
to th~ Cou~6if, is hereby approved. Kirchner Moore & Company
and E. F. Hutton & Company Inc. are authorized to use the
same in connection with the sale of the Bonds. The Mayor is
hereby authorized and directed to execute said official State-
ment in substantially the form presented to the Council, with
such changes therein as the officer executing the same may
deem appropriate, his execution thereof to be conclusive
evidence of his approval of such changes.
Section 5. After the execution of the Lease, this ordi-
nance shall b~ and remain irrepealable so long as the Lease is
in effect.
Section 6. All ordinances or parts thereof in conflict
herewith are, 'to the extent of such conflict, hereby repealed.
Section 7. This ordinance shall be effective five days
after-publication following final passage.
Section 8. A public hearing on this ordinance shall be
held on the lfth day of December, 1983, at 5:00 p.m. in the
City Council chambers, Aspen City Hall, 130 South Galena Street,
Aspen, Colorado.
Section 9. This ordinance shall be numbered and a true
copy ~ereof shall be recorded in the records of the City. The
adoption and publication of the ordinance shall be authenti-
cated by the Mayor and City Clerk.
Section 10. The provisions of this ordinance are hereby
declared severable, and the invalidity or unenforceability of
any provision hereof shall not affect any other provision
hereof.
iNTRODUCED, READ AND ORDERED PUBLISHED at a regular meeting
held November 28, 1983, by the City Council.
~lliam L. stirling, Mayor
ATTEST:
, City Clerk
FINALLY ADOPTED AND APPROVED at a regular meeting held
Decembe~ 12, 1983, by the City council-.
~illiam L. stifling, Mayo ~
RECORD OF PROCEEDINGS
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STATE OF COLORADO ) CERTIFICAT~
) ss
COUNTY OF PITKIN )
I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do
hereby certify that the above and foregoing ordinance was
introduced, read in full, and passed on ~
reading at a regular meeting of the city Council of the
~ ~, 19 ~, and published
City of Aspen on _ ~ -
in the Aspen. Ti~es a weekly newspaper of general circulation
publish~in the~City of Aspen, colorado, in its issue of
~=~L~_~z~,v~ , 19 ~ , and was finally adopted
and approved at a regular meeting of the city Council on
19 ~ ,' and ordered published as
Series of 19 ~.;~ , of said City, as
Ordinance No. ~ .,
provided by law.
IN WITNESS WHEREOF, I have hereuntO set my hand and
the seal of said City of Aspen, Colorado this _/~_ day
19 ~/ ·
o f ~i~ '
~r--~n~. Kouh, city C£er
sEAL
-----Dep~y-~lerk