TC Ord. No. 1990-20•
ORDINANCE NO 90- 2 0
•
AN ORDINANCE AUTHORIZING AND DIRECTING THE
EXECUTION AND DELIVERY OF LEASE PURCHASE
AGREEMENTS FOR THE PURPOSE OF ACQUIRING AND
TWO PASSENGER BUSES AND RELATED INCIDENTALS
AND APPURTENANCES; RATIFYING CERTAIN ACTIONS
HERETOFORE TAKEN; REPEALING ANY ACTION
HERETOFORE TAKEN IN CONFLICT HEREWITH;
DECLARING AN EMERGENCY; AND PROVIDING OTHER
MATTERS PROPERLY RELATING THERETO.
WHEREAS, the Town of Avon, Colorado (the "Town") is a municipal
corporation duly organized and existing under the laws of the State of Colorado, particularly
the provisions of Article XX of the Constitution of the State of Colorado and the Town's
Home Rule Charter (the "Charter"); and
WHEREAS, Section 14.9 of the Charter provides that the Town may enter
into long term installment contracts and rental or leasehold agreements to provide equipment
for the governmental or proprietary purposes of the Town; and
WHEREAS, the Town has determined that it is necessary to arrange for
transportation for persons who work in and near the Town and the the Town and the Town
of Leadville are desireous of providing such transportation; and
WHEREAS, the Town is desirous of undertaking the acquisition of two
passenger buses (the "Buses") to be used for such transportation purposes; and
WHEREAS, the Town Council deems it necessary and desires at this time to
execute and deliver Lease Purchase Agreements (the "Lease") to be executed by the Town
as lessee thereunder, and Intermountain Coach Leasing, Inc. acting as lessor thereunder (the
"Lessor"), it being herein determined that the execution of the Lease is necessary in order
that the Town may acquire the Buses; and
WHEREAS, there has been presented to the Council at this meeting the
proposed form of the Lease.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO:
Section 1. Necessity for Execution of Lease Agreement. The Council has
determined, and does hereby determine, that it is in the best interests of the Town and its
inhabitants to execute the Lease as provided herein for the purpose of of the acquisition of
the Buses.
Section 2. Execution of Agreement and Other Documents. In order to
acquire the Buses, the Town shall execute the Lease in substantially the form presented at
this meeting with such changes as may be recommended by the Town's attorney. The Lease
shall be executed in the name and on behalf of the Town with the manual signature of the
Mayor, shall bear an impression of the seal of the Town, and shall be attested by manual
signature of the Town Clerk. The Lease when executed as provided herein, shall be
delivered to the Lessor, for the purposes stated herein.
The Town Clerk is hereby authorized and directed to attest all signatures and
acts of any official of the Council in connection with the matters authorized by this
Ordinance. The Mayor, or in the absence of the Mayor, the Mayor Pro Tem, and Town
Clerk, and other appropriate officials or agents of the Council or the Town, are hereby
authorized to execute and deliver for and on behalf of the Town any and all additional
certificates, documents, instruments 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 Ordinance.
Section 3. Appropriation. For the purpose of satisfying the monetary
obligations of the Town under the Lease for the fiscal year 1991, the Town has budgeted
and appropriated to the payment thereof $45,000. Nothing contained herein shall be
construed to constitute an appropriation of Town funds for the payment of any amounts
stated to be due and payable under the Lease subsequent to the 1991 fiscal year of the
Town, and the Town expressly reserves the right, as set forth in the Lease, to refrain from
appropriating such amounts and to terminate the Lease as to any period beyond the 1991
fiscal year of the Town.
Section 4. No Liability. The execution and delivery of the Lease and the
adoption hereof shall not create or constitute a debt or indebtedness of the Town within
the meaning of any provision or limitation of the Charter or the Constitution or laws of the
State of Colorado, and shall not constitute nor give rise to a pecuniary liability of the Town
or a charge against its general credit or taxing powers.
Section 5. Rights and Immunities. Except as otherwise provided herein, this
Ordinance shall not be interpreted to intend nor shall it be construed to confer upon or to
give any person, other than the Town, the Lessor and the Investors, any right, remedy or
claim under or by reason hereof or any covenant, condition or stipulation hereof. All the
covenants, stipulations, promises and agreements herein contained by and on behalf of the
Town shall be for the sole and exclusive benefit of the Town, the Lessor and the Investors.
No recourse shall be had for the payment of the Town obligations under the
Lease or for any claim based thereon or otherwise upon this Ordinance or any other
instrument pertaining hereto against any individual member of the Council, or any officer or
other agent of the Town, past, present or future, either directly or indirectly through the
Town, or otherwise, whether by virtue of any constitution, statute, charter, ordinance,
resolution or rule of law, or by the enforcement of any penalty or otherwise, all such liability,
if any, being by the acceptance of the Lease and as a part of the consideration of its
issuance specifically waived and released.
Section 6. Ratification. All actions not inconsistent with the provisions of
this Ordinance heretofore taken by the Town or its officers or directors and otherwise by the
Town directed toward the execution and delivery of the Lease are hereby ratified, approved
and confirmed. All actions heretofore taken by the Council relating to the plans and
specifications for providing the Buses, and all other work incidental to the acquisition thereof,
are hereby ratified, approved and confirmed.
Section 7. Repealer. All ordinances or parts thereof inconsistent herewith
are hereby repealed to the extent of such inconsistency. This repealer shall not be construed
to revive any ordinance or part thereof heretofore repealed.
Section 8. Severability. If any section, paragraph, clause or provision of this
Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or
unenforceability of such section, paragraph, clause or provision shall not affect any of the
remaining provisions of this Ordinance.
Section 9. Emergency. Pursuant to Section 6.6 of the Charter, the Council
herby finds and declares that the provision of transportation services for employees who work
in and near the Town is critical to the local economy and that an emergency exists and that
the passage of this ordinance is immediately necessary for the public peace, health, safety, or
welfare of the Town and its inhabitants.
Section 10. Effective Date. This Ordinance shall be in full force and effect
eight (8) days following passage, adoption and approval.
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9
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FINALLY PASSED, ADOPTED AND APPROVED AS AN EMERGENCY
ORDINANCE ON December 18, 1990.
(SEAL)
Att
es
ow Clerk M y r