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HomeMy WebLinkAbout06544ORDINANCE NO. 6544 AN ORDINANCE CONCERNING THE FINANCING OF THE ACQUISITION OF CERTAIN EQUIPMENT, AUTHORIZING AND APPROVING THE NEGOTIATION, EXECUTION AND DELIVERY OF A LEASE PURCHASE AGREEMENT FOR THE EQUIPMENT AND OTHER RELATED DOCUMENTS, AND PRESCRIBING OTHER DETAILS RELATING THERETO WHEREAS, the City of Pueblo ( "City ") is authorized pursuant to the home rule charter of the City ( "Charter ") to enter into lease and lease purchase agreements in order to provide equipment for governmental purposes; and WHEREAS, the City Council of the City ( "City Council ") has determined, and hereby determines, that the City is in need of an additional fifty (50) motor vehicles for its Police Department ( "Equipment "); and WHEREAS, for the purpose of financing the acquisition of the Equipment, the City Council has determined, and hereby determines, that it is in the best interest of the City and its residents, that the City lease with the option to purchase the Equipment which is appropriate and necessary to the functions and operations of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SF.C'TION 1 The Director of Finance is directed and authorized to proceed with negotiations for the financing and lease purchase of the Equipment. The City Council is authorized to approve by Resolution the terms, provisions, covenants, and conditions of the financing and lease purchase of the Equipment, including without limitation, the execution and delivery of all agreements, leases, contracts and documents necessary and incidental to the acquisition and lease of the Equipment. SFCTION 2. NO PROVISION OF THIS ORDINANCE OR THE RESOLUTION AUTHORIZED IN SECTION 1 HEREOF OR THE ACQUISITION OF THE EQUIPMENT OR THE LEASE PURCHASE THEREOF SHALL BE CONSTRUED OR INTERPRETED AS CREATING OR CONSTITUTING OR GIVING RISE TO A GENERAL OBLIGATION OR OTHER INDEBTEDNESS OR A MULTIPLE FISCAL YEAR DIRECT OR INDIRECT DEBT OR OTHER FINANCIAL OBLIGATION OF THE CITY WITHIN THE MEANING OF ANY CONSTITUTIONAL, STATUTORY OR CHARTER DEBT LIMITATION, INCLUDING WITHOUT LIMITATION, ARTICLE XI, SECTIONS 1, 2 AND 6, AND ARTICLE X, SECTION 20, OF THE COLORADO CONSTITUTION, NOR A MANDATORY PAYMENT OBLIGATION OF THE CITY BEYOND A FISCAL YEAR FOR WHICH THE CITY HAS APPROPRIATED FUNDS TO MAKE ANY SUCH PAYMENT OBLIGATION. THE CITY SHALL HAVE NO OBLIGATION TO MAKE ANY PAYMENT UNDER ANY EQUIPMENT LEASE EXCEPT FOR FUNDS WHICH HAVE BEEN SPECIFICALLY APPROPRIATED AND ENCUMBERED BY THE CITY, WHICH PAYMENTS MAY BE TERMINATED (AND THE EQUIPMENT LEASE NOT RENEWED) BY THE CITY AND SUCH PROVISIONS SHALL BE INCORPORATED IN THE EQUIPMENT LEASE. QU(' 2 The City, including any entities acting on behalf of or subordinate to the City, does not anticipate issuing more than $10,000,000 of tax - exempt obligations during calendar year 2000, which is the calendar year in which the Equipment lease shall be issued. Accordingly, the City hereby designates the Equipment lease authorized pursuant to Section 1 hereof as a qualified tax- exempt obligation for the purposes of Section 265(b) of the Internal Revenue Code. INTRODUCED: May 8, 2000 By Al Gurule Councilperson -2- ATTEST: City C k APPR VED: President of the City Council -3-