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HomeMy WebLinkAboutordinance.council.066-83RECORD OF PROCEEDINGS 100 Leaves 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 100 Leaves 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