TC Ord. No. 2014-10 Authorizing The Execution And Delivery of Property Schedule No. 03TOWN OF AVON, COLORADO
ORDINANCE NO. 14 -10
SERIES OF 2014
AN ORDINANCE AUTHORIZING THE EXECUTION AND DELIVERY OF
PROPERTY SCHEDULE NO. 03 TO PURCHASE A SNOW PLOW TRUCK
PURSUANT TO THE MASTER LEASE/PURCHASE AGREEMENT DATED
AUGUST 26, 2011 BETWEEN THE TOWN OF AVON AND U.S. BANCORP
GOVERNMENT LEASING AND FINANCE, INC.
Whereas, Town of Avon ( "Lessee "), a body politic and corporate duly organized and
existing as a home rule authority municipal corporation and body politic organized under the
laws of the State of Colorado, is authorized by the laws of the State of Colorado and by Section
14.9(a) of the Avon Home Rule Charter to purchase, acquire and lease personal property for the
benefit of the Lessee and its inhabitants and to enter into leasehold agreements with respect
thereto; and
Whereas, the Lessee desires to purchase, acquire and lease a 2014 Freightliner Snowplow
with Spreader Box ( "Equipment ") constituting personal property necessary for the Lessee to
perform essential governmental functions; and
Whereas, the Avon Town Council finds that the Property Schedule No. 3 to the Master
Agreement allows the Town to acquire the Equipment within a period not exceeding the useful
life of the Equipment; and
Whereas, in order to acquire such equipment, the Lessee has previously entered into a
Master Tax- Exempt Lease/Purchase Agreement dated August 26, 2011 ( "Master Agreement ")
with U.S BANCORP GOVERNMENT LEASING AND FINANCE, INC. ( "Lessor "); and
Whereas, the Avon Town Council, as the governing body of the Lessee, deems it for the
benefit of the Lessee and for the efficient and effective administration thereof to enter into
Property Schedule No. 03 as provided in the Master Agreement for the purchase, acquisition and
leasing of the Equipment therein described on the terms and conditions therein provided.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO the following:
Section 1. Approval of Documents. The form, terms and provisions of Property Schedule
No. 03 and related documents and exhibits as provided are hereby approved in substantially the
form presented at this meeting, with such insertions, omissions and changes as shall be approved
by the Mayor of the Town of Avon or other members of the governing body of the Town of
Avon executing the same, the execution of such documents being conclusive evidence of such
approval; and the Mayor of the Town of Avon is hereby authorized and directed to execute, and
the Town Clerk of the Town of Avon is hereby authorized and directed to attest and countersign
Property Schedule No. 3 and any related documents and exhibits attached thereto and to deliver
Property Schedule No. 3 (including Exhibits) to the respective parties thereto, and the Town
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Clerk of the Town of Avon is hereby authorized to affix the seal of the Town of Avon, as Lessee,
to such documents. Capitalized terms in this Ordinance shall have the same meaning as defined
in the Master Agreement unless such terms are otherwise defined in this Ordinance.
Section 2. Other Actions Authorized. The officers and employees of the Lessee shall take
all action necessary or reasonably required by the parties to carry out, give effect to and
consummate the transactions contemplated thereby including execution and delivery of the
following document and to take all action necessary in conformity therewith, including, without
limitation, the execution and delivery of any closing and other documents required to be
delivered in connection with Property Schedule No. 3, including the following documents:
(1) Notice of Sale of Rental Payments and Assignment of Lease
(2) Property Schedule No. 03
(3) Property Description and Payment Schedule — Exhibit 1
(4) Lessee's Certificate — Exhibit 3
(5) Payment of Proceeds Instructions — Exhibit 4
(6) Acceptance Certificate — Exhibit 5
(7) Bank Qualification and Arbitrage Rebate — Exhibit 6
(8) Insurance Authorization and Verification
(9) Notification of Tax Treatment
(10) Vehicle Titling Addendum
(11) Escrow Agreement and Exhibits 1 -4
Section 3. No General Liability. Nothing contained in this Ordinance, Property Schedule
No. 2, nor any other instrument shall be construed with respect to the Lessee as incurring a
pecuniary liability or charge upon the general credit of the Lessee or against its taxing power, nor
shall the breach of any agreement contained in this Ordinance, Property Schedule No. 3, or any
other instrument or document executed in connection therewith impose any pecuniary liability
upon the Lessee or any charge upon its general credit or against its taxing power, except to the
extent that the Lease Payments payable under each Property Schedule of the Master Agreement
are special limited obligations of the Lessee as provided in such Property Schedule.
Section 4. Appointment of Authorized Lessee Representatives. The Town Manager and
Finance Director of the Lessee are each hereby designated to act as authorized representatives of
the Lessee for purposes of the Property Schedule No. 3 until such time as the Town Council of
the Town of Avon, as Lessee, shall designate any other or different authorized representative.
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Section 5. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be 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. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 6. Effective Date. This Ordinance shall take effect thirty days after final adoption in
accordance with Section 6.4 of the Avon Home Rule Charter.
Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare.
Section 8. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full is available for public inspection in the office of the
Town Clerk during normal business hours.
[SIGNATURE PAGE FOLLOWS]
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INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING on June 24, 2014 and setting such public hearing
for 5:30 on July 15, 2014 at the Council Chambers of the Avon Municipal Building, located at
One Lake Street, Avon, Colorado.
Rich Carroll, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prior to final action by the Town Council.
ATTEST:
a I C �]
Debbie Hoppe, To Clerk
APPROVED AS TO FORM:
Eric Hei Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on July 15, 2014..
Rich Carroll, Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
Debbie Hoppe, TdwA Clerk
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