HomeMy WebLinkAboutordinance.council.022-85 RECORD OF PROCEEDINGS 100 Leaves
ORDINANCE NO.
(Series of ~985)
AN ORDINANCE AUTHORIZING THAT CERTAIN CONDITIONAL AGREEMENT FOR
SALE AND PURCHASE AND THAT CERTAIN LEASE AND AGREEMENT BETWEEN
JINCO LEASING CORP., A COLORADO CORPORATION, AS LESSOR, AND THE
cITy OF ASPEN, COLORADO, IN THE AGGREGATE PRINCIPAL AMOUNT OF
$230,000.00 AND IN CONNECTION WITH THAT CERTAIN ANIMAL SHELTER
FACILITY; PROVIDING FOR ANNUAL LEASE PAYMENTS; AND PRESCRIBING
OTHER DETAILS IN CONNECTION THEREWITH
WHEREAS, the City of Aspen, Colorado, is a political subdivi-
sion of the State of Colorado organized and existing under the
Constitution and laws of the State of Colorado and Home Rule Char-
ter of the City (the "City"); and
WHEREAS, pursuant to Section 31-15-801, C.R.S. and Section
10.8 of the City's Home Rule Charter, the City is authorized to
enter into long-term leasehold agreements with an option to pur-
chase; and
WHEREAS, the City Council of the City (the "Council") hereby
finds and determines that the simultaneous acquisition, sale and
leaseback of an animal shelter facility is appropriate and neces-
sary for performing the authorized functions of the City and is in
furtherance of the purposes of the City and the best interest of
the residents thereof; and
WHEREAS, the City is under contract to purchase said animal
control shelter for an aggregate purchase price of $220,000.00
pursuant to that certain Agreement for Sale and Purchase of Animal
Shelter Facility, which agreement has been previously presented to
Council in an ordinance passed on first reading; and
WHEREAS, simultaneous with closing under said agreement
described immediately above, the City desires to convey title to
said animal shelter facility to JINCO Leasing Corp. ("JINCO"),
Denver, Colorado, pursuant to that certain Conditional Agreement
for Sale and Purchase of Animal Shelter Facility presently before
RECORD OF PROCEEDINGS 100 Leaves
the Council and, simultaneously therewith, to enter into, as les-
see, that certain Lease and Agreement with JINCO, as lessor, which
Lease and Agreement is presently before the Council; and
WHEREAS, the Lease and Agreement shall not constitute a gen-
eral obligation indebtedness of the County within the meaning of
the Constitution and laws of the State of Colorado and the City's
Home Rule Charter; and
WHEREAS, the JINCO desires to lease the animal shelter facil-
ity thereof to the City, and the City desires to lease the animal
shelter facility from JINCO for the use and benefit of the resi-
dents of the City, pursuant to the terms and conditions herein-
after set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That the forms, terms and provisions of the Conditional
Agreement for Sale and Purchase of Animal Shelter Facility and the
Lease and Agreement, be and are hereby approved in substantially
the form set forth in the documents presently before the Council.
Section 2
That the City, acting through the Mayor, is hereby authorized
and directed to enter into and execute the Agreement for Sale and
Purchase of Animal Shelter Facility, all instruments conveying
title to said facility, and the Lease and Agreement in substan-
tially the form set forth in the documents presently before the
Council, and the City Clerk is authorized and directed to affix
the City's seal to and to attest and countersign such documents,
which documents shall be available for public inspection at the
offices of the City Clerk.
RECORD OF PROCEEDINGS 100 Leaves
Section 3
That said Lease and Agreement shall be in the maximum aggre-
gate principal amount of $230,000.00 (inclusive of $10,000 legal
and underwriting fees), bearing interest at a rate not to exceed
12% per annum and not to be less than 8% per annum, as set forth
in Articles IV and VI of the Lease and Agreement, said Lease and
Agreement to contain an option to purchase the facility as therein
set forth.
Section 4
That the Mayor and all other appropriate officers of the City
are hereby authorized and directed to sign, file, or cause to be
signed or filed, or approve, accept or concur in all necessary or
appropriate documents for consummating the transaotions contem-
plated by this ordinance, the Conditional Agreement for Sale and
Purchase of Animal Shelter Facility and the Lease and Agreement.
Section 5
That the City's obligation under said Lease and Agreement
shall be annually renewable by the City and expressly subject to
annual appropriation by the Council; and that such obligation
under said Lease and Agreement shall not constitute a general
obligation of the City or an indebtedness within the meaning of
the Constitution and laws of the State or the City's Home Rule
Charter.
Section 6
If any section, subsection, sentence, clause, phrase or por-
tion of this ordinance is for any reason held invalid or unconsti-
tutional 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.
RECORD OF PROCEEDINGS 100 Leaves
Section 7
A public hearing on the ordinance shall be held on the
day of ~ .......... , 1985, in the City Council
Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED published as provided by law of
City Council of~ the City of Aspen on the~~~ day
the
of
......... ~__~__, 1985.
William L. S
ATTEST:
FI~~pted, passed and approved this ~%Z~.3 day of
....~ , 1985.
: William L.
AT~EST: ~
~ci y -~
3F
4
RECORD OF PROCEEDINGS 100 Leaves
STATE OF COLORADO CERTIFICATE
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 first reading at a regular meetin9 of
the City Council of the City of Aspen on ~ ,
1985, and published in the Aspen Times, a weekly newspaper of
general circulation published in the City of Aspen,Colorado, in
its issue of ~~. ~ 1985, and was finally
adopted and approved at a regular meeting of the City Council on
..~-~ ~ _, 1985, and ordered published as
Ordinance No. ~ , Series of 1985, of said City as provided
by law.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal
of said City of Aspen, Colorado this ~_ .... day of
· , ~ 1985.
Kathryn $~/koch, City Clerk
S~EA L
Deputy City Clerk