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HomeMy WebLinkAboutordinance.council.039-87 ORDINANCE NO. ~ (Series of 1987) AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF AN INTEREST-FREE LOAN IN THE PRINCIPAL AMOUNT OF $100,000.00 FROM PARK TRUST, LTD. IN ANTICIPATION OF THE COLLECTION OF TAXES OR OTHER REVENUES FOR THE PURPOSE OF FACILITATING THE ACQUISITION OF OPEN SPACE AND ALSO AUTHORIZING THE ISSUANCE OF A SHORT-TERM NOTE TO EVIDENCE THE AMOUNT OF THE LOAN WHEREAS, Park Trust, Ltd., an affiliate of the Pitkin County Parks Association ("PCPA") has offered the City Council a non- interest loan in the amount of $100,000.00, annually renewable at the option of the City Council for a period of five (5) years, as an inducement to the City Council to purchase that open space parcel, commonly known as the "Zoline Foundation Parcel"; and WHEREAS, pursuant to Ordinance 30 (Series of 1987), the City Council consummated the acquisition of the Zoline parcel and now desires to accept the loan from Park Trust, Ltd. as a means of facilitating said acquisition; and WHEREAS, pursuant to Section 10.2 of the City Charter, the City, upon the affirmative vote of a majority of the entire city Council, may borrow money without an election in anticipation of the collection of taxes or other revenues and issue short-term notes to evidence the amount so borrowed; and WHEREAS, the City Council desires to evidence the aforesaid transaction by issuing a short-term note, annually renewable at the option of the City Council for a period of five (5) years, to evidence the amount of such loan, which loan shall originate as of the date of this ordinance, and to mature before the end of the 1987 fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the city Council does hereby authorize the acceptance of a non-interest loan in the sum of $100,000.00, and the issuance of a note to evidence the amount of the loan in anticipation of the collection of taxes or other revenues, in the form appearing hereto as Exhibit "A", and the City Manager is hereby empowered to execute such documents as may be necessary to evidence the loan as aforesaid; provided, however, that irrespective of the renewable nature of the note, the original term of the note shall mature before the close of the 1987 fiscal year. Section 2 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 3 Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinances in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinances. Section 4 A public hearing on the ordinance shall be held on the ~8~ day of ~ , 1987, in the city Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the_ /~gA~-~ day of William L. SA r ATTEST: Kathryn ~ Koch, City Clerk FINALLY~ adopted, passed and approved this ~~ day of ~~ , 1987. William L. ~ ATTEST: K~ch-, City Clerk 3