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HomeMy WebLinkAboutordinance.council.032-85 OROI ANCE NO. JA (Series of 1985) AN ORDINANCE AUTHORIZING THE BORROWING OF THE SUM OF $257,771.32 TO FINANCE DEBT SERVICE DUE ON MAY 1, 1985 AND THE ISSUANCE OF SHORT-TERM NOTES IN ANTICIPATION OF THE COLLECTION OF TAXES OR OTHER REVENUES WHEREAS, pursuant to Ordinance No. 26 (Series of 1984) the City Council authorized the issuance of $12,340,000 in Sales Tax Revenue Refunding Bonds, dated February 1985, to refund existing City debt at a rate beneficial to the City; and WHEREAS, pursuant to the debt service schedules for this bond issue the first payment was due on November 1, 1985; however, it was recently determined that $257,771.32 was due on May 1, 1985; and WHEREAS, Kirchner Moore & Company, the City's underwriter has offered to loan the City the May 1, 1985 payment at no interest until November 1, 1985, which will then allow no loss to the City as a result of the schedulers error; and WHEREAS, pursuant to Section 10.2 of the City Charter, the City, upon the affirmative vote of a majority of the entire Council, may borrow money without an election in anticipation of the collection of taxes or other revenues and to issue short-term notes to evidence the amount so borrowed; and WHEREAS, in order to remedy the aforesaid situation, the City Council desires to borrow the sum of $257,771.32 from Kirchner Moore & Company and to issue a short-term note to evidence the amount so borrowed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council does hereby authorize the borrowing of the sum of $257,771.32 at no interest or other borrowing cost from Kirchner Moore & Co. and the issuance of short-term notes to evidence the amount so borrowed in anticipation of the collection of taxes or other revenues, and the City Manager is hereby empowered to execute such documents as may be necessary to borrow the money aforesaid; provided, however that any such short-term note shall mature before the close of the fiscal year in which the money is borrowed. Section 2 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 3 A public hearing on the ordinance shall be held on the~ day of /~-~ , 1985, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen. Colorado. INTRODUCED, READ AND ORDERED published as provided by law of the City Council of the City of Aspen, Colorado, at its regular meeting held on the ~F~ day of ~ ~ 1985. ~ '--- William L. Stirl~ing ATT E ST: City Clerk FINALLY adopted, passed and approved this ~-~'. day of ~ , 1985. ~TTEST: RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO CERTIFI~TE COUNTY OF PITKIN I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do here~ certi~ that the above and foregoing ordinance was introduced, read in full, and ~ssed on first reading at a regular meeting of the City Council of the City of As~n on ~ , 1985, and published in the Aspen Times, a weekly newspaper of general circulation published in the Ci~ of Aspen,Colorado, in ~~ ~ 1985, and was finally its issue of adopted and approved at a regular meeting of the Ci~ Council on  ~ _, 1985, and ordered published as Ordina , Series of 1985, of said City as provided by law. IN WITNESS WSEREOF, I have hereunto set ~ hand and the seal of said City of Aspen, Colorado this ......... c~~'-~J day of ~ 1985. K~City Clerk SEAL Deputy City Clerk