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HomeMy WebLinkAboutordinance.council.050-91 It. ,.,.,.,1i, if' I, ''\, ",.,_..1.."" '-,. I" ie '\, ,_u, ':k >" ORDINANCE NO. 50 (Series of 1991) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AUTHORIZING THE EXECUTION OF A PROMISSORY NOTE PURSUANT TO THE PURCHASE OF THE NELSON/DeVORE PROPERTY AND SETTING A SPECIAL MEETING OF THE CITY COUNCIL. WHEREAS, the City Council of the City of Aspen has deter- mined to purchase that parcel of real estate within the City commonly known and referred to as the Nelson/DeVore parcel, 831 Ute Avenue, for the sum of One Million Three Hundred Thousand Dollars and No Cents ($1,300,000.00); and WHEREAS, the city Council finds and determines that the Nelson/DeVore parcel is advantageous and desirable for the development of affordable housing; and WHEREAS, the City Council finds and determines, consistent with long-established policy, that the development of affordable housing within the city of Aspen is necessary for the preserva- tion of the public health, safety and welfare; and WHEREAS, Section 10.8 of the Aspen city Charter authorizes the city to enter into long-term installment contacts for the purchase of land and/or buildings for governmental or proprietary purposes so long as such contracts and the terms thereof are approved by ordinance; and WHEREAS, it is City council's intent and desire to enter into a long-term contract as part of the financing arrangements for the purchase of the Nelson/DeVore property. .,.,.,, o ~\- ~".,.,' ~~ - NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: section 1 The Mayor and/or City Manager are hereby authorized to negotiate and execute a promissory note on behalf of the city of Aspen pursuant to the City's purchase of that parcel of real property known as the Nelson/DeVore property, 831 u'te Avenue, Aspen, Colorado, the terms of which shall meet, at a minimum, the following requirements: 1. The principal amount of the note shall not exceed $800,000.00. 2 . The per annum interest rate for the note shall not exceed 7.5%. 3. Interest only payments shall not exceed $5,000.00 per month. 4. The term of the note shall not exceed three (3) years. 5. The note shall allow the city to repay all or part of the amount owing without penalty at any time. Section 2 A true and accurate copy of the actual note to be executed as authorized herein shall be made available and appended to this ordinance for approval upon Second Reading of this ordinance. Section 3 This ordinance shall not have any effect on existing litiga- tion and shall not operate as an abatement of any action or 2 ". I..",., " y,' '1,< '.- AW i:F,. -z\ .','". fl' "C' '-). '\., proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4 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 5 A public hearing and second reading on the ordinance shall be conducted at a Special Meeting of the City council to be held on the 26th day of December, 1991, at 5:00 o'clock p.m., in the city council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED AND READ as provided by law by the city Council of the City of Aspen on the 9th day of D~cember, 1991. ~I ~ 5. r3~ John . Bennett, Mayor FINALLY adopted, passed and approved this ~C,;, day of ~~ , 1991. ~ J. B~- S. Bennett, Mayor John 3 &,'.' ' !~': " "< ~,',",-"" \\\IIJ (;"1)', ii! ','c, ATTEST: jc124.5 --- 4