HomeMy WebLinkAbout13977RESOLUTION NO. 13977
A RESOLUTION AUTHORIZING THE USE OF LEASE-
PURCHASE FINANCING FOR THE ACQUISITION OF POLICE
VEHICLES PURSUANT TO THE TERMS OF A LEASE-
PURCHASE AGREEMENT BY AND BETWEEN THE CITY OF
PUEBLO, COLORADO MUNICIPAL BUILDING CORPORATION,
AS LESSOR, AND THE CITY OF PUEBLO, COLORADO, AS
LESSEE; AUTHORIZING OFFICIALS OF THE CITY TO TAKE ALL
ACTION NECESSARY TO CARRY OUT THE TRANSACTIONS
CONTEMPLATED HEREBY
WHEREAS, the City of Pueblo, a Municipal corporation (hereinafter “City”) is a Colorado
home rule City duly organized and existing under and by virtue of Article XX of the Colorado
Constitution and is authorized thereby to purchase and lease personal property for its municipal
purposes for the benefit of the City and its inhabitants and to enter into contracts with respect
thereto; and
WHEREAS, the City desires to enter into a lease-purchase financing (the “Financing”) for
the acquisition of certain police vehicles which constitute personal property necessary for the
performance of the Police Department’s duties; and
WHEREAS, pursuant to the Financing, the City is to enter into a Lease Purchase
Agreement (the “Lease”) with City of Pueblo, Colorado Municipal Building Corporation (the
“Corporation,” and in simultaneously therewith the Corporation is to enter into a Purchase and
Assignment Agreement (the “Assignment”) with the Branch Banking and Trust Company
(“BB&T”), assigning the Corporation’s right to receive rents and other benefits under the Lease to
BB&T; and
WHEREAS, City Council, as the governing body of the City, deems it for the benefit of the
City and for the efficient and effective administration thereof to enter into the Lease in order to
achieve the acquisition of the police vehicles described therein and on the terms and conditions
therein provided; and
WHEREAS, the funds made available under the Lease will be applied to the acquisition
of the police vehicles in accordance with the terms of such Lease Purchase Agreement; and
WHEREAS, the City Council intends to declare its official intent for federal income tax
purposes, pursuant to 26 CFR § 1.150-2, to reimburse the City for any eligible capital expenditures
with the proceeds of the Financing; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The City is hereby authorized to obtain lease-purchase financing through one or more
lease-purchase agreements with the Corporation for up to and including twenty-seven (27)
vehicles (the “Equipment”) for use by the Police Department to be acquired during the 2018 fiscal
year, including all equipment, software, warranties, and service contracts accessory thereto
and/or associated therewith.
SECTION 2.
The principal amount to be financed shall not exceed One Million, Five Hundred Twenty-
Five Thousand Dollars ($1,525,000), the interest component of rental payments to be made by
the City shall accrue at a rate not to exceed three percent (3.00%), and the term of any Lease
hereunder shall not exceed sixty-six (66) months. Rental payments may be made annually, semi-
annually, or at any other convenient interval as determined by the Director of Finance.
SECTION 3.
The Council hereby finds and determines, pursuant to the City’s home rule powers and
the laws of the State of Colorado, that the acquisition of the Equipment is necessary, convenient,
and in furtherance of the governmental purposes of the City and in the best interests of the City
and its citizens; and the Council hereby authorizes the acquisition of the Equipment by means of
lease-purchase financing. The City hereby declares its current need for the Equipment. It is
hereby declared to be the present intention and expectation of the Council that each Lease will
be renewed annually until title to all of the Equipment is acquired by the City pursuant to the
Lease; but this declaration shall not be construed as contractually obligating or otherwise binding
the City.
SECTION 4.
The Lease is expressly made subject to sufficient appropriations being made therefore in
each fiscal year after 2018. Nothing contained in this Resolution or the Lease, no any other
instrument, shall be construed with respect to the City as incurring a pecuniary liability or charge
upon the general credit of the City or against its taxing power, nor shall the breach of said
agreements approved by this Resolution impose any pecuniary liability upon the City except to
the extent that the City is required to make the rental payments for fiscal year 2018. Nothing in
this Resolution is intended, nor shall it be construed, to create any multiple-fiscal year direct or
indirect debt or financial obligation whatsoever of the City.
SECTION 5.
The Lease, in substantially the form filed in the office of the City Clerk prior to the final
adoption of this Resolution, is in all respects approved, authorized and confirmed. The President
of the City Council is hereby authorized and directed to execute and deliver, and the City Clerk is
hereby authorized and directed to affix the seal of the City to, and attest, each Lease hereunder
in substantially the form filed with the City Clerk, with such changes as are not inconsistent with
the intent of this Resolution and are approved by the City Attorney. The Council hereby
designates the City Manager and the Finance Director to act as “Authorized Officers” under the
Lease. Prior to the execution of the Lease, the description and price of the Equipment subject to
the Lease and the schedule of rental payments allocated to the Equipment under the Lease shall
be approved by a certificate executed by the Finance Director (the “Final Terms Certificate”).
SECTION 6.
The City Manager and Director of Finance of the City are each hereby designated to act
as authorized representatives of the City for purposes of the Lease Purchase Agreement until
such time as the City Council shall designate any other or different authorized representatives for
purposes of said agreement. The City shall accept the appointment of the Corporation to act as
its agent solely for the purpose of acquiring the Equipment. The City will do all things necessary
to effect the acquisition of the Equipment free and clear of any encumbrances and subject the
same to any security interests as may be contemplated under the Lease.
SECTION 7.
The Council hereby determines and declares that, after execution and delivery of the
Lease, the rental payments due thereunder will represent the fair value of the use of the
Equipment and the purchase price, as defined therein, will represent, as of any date upon which
the City may exercise its option to purchase such Equipment, the fair purchase price of such
Equipment. The Council further hereby determines and declares that, after the execution and
delivery of the Lease, the rental payments due thereunder will not exceed a reasonable amount
so as to place the City under an economic or practical compulsion to renew the Lease or to
exercise its option to purchase the Equipment pursuant to the Lease. In making such
determinations, the Council has given consideration to the cost of acquiring and installing the
Equipment, the uses and purposes for which the Equipment will be employed by the City, the
benefit to the citizens of the City by reason of the acquisition and use of the Equipment pursuant
to the terms and provisions of each Lease, the City’s option to purchase the Equipment, and the
expected eventual vesting of title to, or other indicia of ownership of, the Equipment in the City.
The Council hereby determines and declares that, after execution and delivery of each Lease,
the maximum duration of the portion of the Lease allocable to any item of Equipment separately
identified in the payment schedule appended thereto will not exceed the weighted average useful
life of such item of Equipment.
SECTION 8.
The City Clerk is hereby authorized and directed to attest all signatures and acts of any
official of the City in connection with the matters authorized by this Resolution. The President of
the City Council and the Authorized Officers are hereby authorized to execute and deliver for and
on behalf of the City any and all additional certificates, documents and other papers and to
perform all other acts that they may deem necessary or appropriate in order to implement and
carry out the transactions and other matters authorized by this Resolution.
SECTION 9.
This Resolution shall become effective immediately upon final passage.
INTRODUCED May 29, 2018
BY: Robert Schilling
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
ACTING CITY CLERK
City Clerk’s Office Item # R-1
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: May 29, 2018
TO: President Christopher A. Nicoll and Members of City Council
CC: Sam Azad, City Manager
VIA: Brenda Armijo, Acting City Clerk
FROM: Chief Troy Davenport, Chief of Police
Michael Bennett, Deputy Chief of Police
Brett A. Wilson, Police Captain
SUBJECT: A RESOLUTION AUTHORIZING THE USE OF LEASE-PURCHASE FINANCING
FOR THE ACQUISITION OF POLICE VEHICLES PURSUANT TO THE TERMS
OF A LEASE-PURCHASE AGREEMENT BY AND BETWEEN THE CITY OF
PUEBLO, COLORADO MUNICIPAL BUILDING CORPORATION, AS LESSOR,
AND THE CITY OF PUEBLO, COLORADO, AS LESSEE; AUTHORIZING
OFFICIALS OF THE CITY TO TAKE ALL ACTION NECESSARY TO CARRY OUT
THE TRANSACTIONS CONTEMPLATED HEREBY
SUMMARY:
This Resolution authorizes the City to enter into a lease/purchase financing for the acquisition of
twenty-seven 2018 Police Interceptor SUV’s and related equipment to be used by the Police
Department.
PREVIOUS COUNCIL ACTION:
Not applicable.
BACKGROUND:
Branch Banking and Trust Company’s (“BB&T”) proposal for the lease/purchase of new police
vehicles was selected by the City’s Committee of Awards as being the proposal most
advantageous to the City.
FINANCIAL IMPLICATIONS:
Under the lease, BB&T has agreed to finance the lease/purchase of twenty-seven 2018 Police
Interceptor SUV’s at the rate of 3.0% over 66 months. Lease payments reflecting reductions in
principal and interest are to begin in 2019. During the lease period, the vehicles may be
purchased any time with no penalty. At the end of the lease term, the vehicles become the
unencumbered property of the City.
In order to comply with Art. X, Sec. 20 of the Colorado Constitution (TABOR), the lease is not a
multi-year fiscal obligation. The City retains the option of discontinuing lease payments at the end
of any fiscal year without incurring any penalty.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
STAKEHOLDER PROCESS:
Not applicable.
ALTERNATIVES:
City Council could deny this Resolution.
RECOMMENDATION:
Approve the Resolution.
Attachments: Lease/Purchase Agreement, Project Fund Agreement