HomeMy WebLinkAbout07724ORDINANCE NO. 7724
AN ORDINANCE AMENDING TITLE I OF THE PUEBLO MUNICIPAL CODE BY THE ADDITION
OF CHAPTER 11 THERETO RELATING TO THE SALE, TRANSFER AND LEASE OF REAL AND
PERSONAL PROPERTY
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter
being deleted, underscoring indicates new matter being added)
SECTION 1
Title I of the Pueblo Municipal Code is hereby amended by the addition of the following
Chapter 11 relating to the sale, transfer and lease of real and personal property:
Chapter 11
Sale, Purchase and Lease of
Real and Personal Property
Sec. 1 -11 -1. Legislative intent. All matters referred to in this Chapter are expressly and
specifically declared to be local and municipal matters under Article XX of the Colorado
Constitution. This Chapter is adopted pursuant to the provisions of said Article XX and it is hereby
intended that the provisions of this Chapter shall supercede and preempt all Colorado statutory
provisions, if any, in conflict herewith.
11 -11 -2. Definitions.
As used in this Chapter, unless the context otherwise requires:
(a) "Lease purchase agreement" means any installment purchase agreement for the
purchase of real or personal property which requires payments during more than one fiscal year or
any agreement for the lease or rental of real or personal property which requires payments during
more than one fiscal year and under which title to the property may be purchased for a specified
purchase price or may be transferred at the end of the term for nominal or no additional
r.nnsidern inn
"Management agreement" means any agreement with a third person to manage and
operate any real property, together with facilities thereon, owned by the City.
Sec 1 -11 -3. Powers of the City Council.
(a) The City Council has the power by ordinance
to sell and dispose of public buildings, real property used for park purposes,
or other real property used for any governmental purpose upon such terms and conditions
as the City Council may determine provided the City Council finds and determines that such
sale and disposition is in the best interest of the City.
to dedicate or abandon streets, alleys or other public highways.
The City Council has the power by resolution adopted at any regular meeting of the
City Council, upon such terms and conditions as the City Council may determine:
to sell and dispose of any real or personal property, or any combination
thereof, owned by the City, including land acquired from the federal government, except
real property used for any governmental purpose which shall be by ordinance.
to lease any real or personal property, or any combination thereof, together
with facilities thereon, owned by the City, including entering into management agreements
therefor.
to purchase, acquire or lease real or personal property, or any combination
thereof, for any governmental or proprietary purpose.
to enter into lease- purchase agreements in order to provide necessary land,
buildings, equipment and other property for any governmental or proprietary purpose,
provided. however. that
a. payments required under any lease- purchase agree -ment in any
subsequent fiscal year shall be contingent upon funds for that purpose being
appropriated and budgeted.
b. the duration of any lease- purchase agreement, including all optional
renewal terms, shall not exceed the weighted average useful life of the assets being
financed. In the case of a lease- purchase agreement involving both real property
and other property, the lease- purchase agreement shall provide that the real
Property involved shall be amortized over a period not to exceed its weighted
average useful life and the other property shall be separately amortized over a
period not to exceed its weighted average useful life. This provision shall not
prevent the City from releasing property from a lease- purchase agreement pursuant
to an amortization schedule reflecting the times when individual pieces of property
have been amortized.
(c) The provisions of section 1- 11 -3(b) above shall not prevent the City
Council from exercising any of the powers therein specified by ordinance.
Sec. 1 -11 -4. Prior transactions. All sales. purchases. transfers. deeds of convevance. and
leases of real or personal property, or any combination thereof, including lease- purchase
agreements and management agreements approved by City Council in compliance with the
provisions of this Chapter on or before January 28, 2008, and executed by the President of the City
Council. or in his or her absence or disabilitv. by the Vice - President of the Citv Council. are herebv
confirmed and ratified
SECTION 2
If any provision of this Ordinance or the application thereof to any person or circumstances
is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance
which can be given effect without the invalid provision or application, and to this end the provisions
of this Ordinance are declared to be severable.
SECTION 3.
This Ordinance shall become effective upon final passage and approval.
INTRODUCED January 14, 2008
BY Judy Weaver
Councilperson
or-a. 1
[ ID � 0
Background Paper for Proposed
ORDINANCE
DATE: January 14, 2008
DEPARTMENT: Law Department
TITLE
AGENDA ITEM #
AN ORDINANCE AMENDING TITLE I OF THE PUEBLO MUNICIPAL CODE BY
THE ADDITION OF CHAPTER 11 THERETO RELATING TO THE SALE,
TRANSFER AND LEASE OF REAL AND PERSONAL PROPERTY
ISSUE
Should the City Council approve the ordinance?
RECOMMENDATION
Approve the ordinance.
BACKGROUND
The practices and procedures of the City relating to sale, purchase and lease of real
and personal property including lease- purchase and management agreement
should be codified and included in the Pueblo Municipal Code. Chapter 11 of Title
I authorizes the City Council by Ordinance to sell and dispose of public buildings
and real property used for any governmental purpose and to dedicate or vacate
streets. All other sales, purchases and leases of real or personal property including
lease- purchase and management agreement may be approved by Resolution. The
sale, purchase and lease of real and personal property owned or acquired by the
City are declared to be local and municipal matters. Chapter 11 of Title I combines
the City's practices and procedures in one location for easy reference and
consistent use.
FINANCIAL IMPACT
None.