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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/07/2002 - SECOND READING OF ORDINANCE NO. 061, 2002, AUTHORI AGENDA ITEM SUMMARY ITEM NUMBER: 9 FORT COLLINS CITY COUNCIL DATE: May 7, 2002 FROM: Jim O'Neill SUBJECT: Second Reading of Ordinance No. 061, 2002, Authorizing the Purchasing Agent to Enter into an Agreement for the Financing by Lease-Purchase of Vehicles and Equipment. RECOMMENDATION: Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY: This Ordinance,which was unanimously adopted on First Reading on April 16,2002,authorizes the Purchasing Agent to enter into a lease-purchase financing agreement with Koch Financial Corporation at 5.05%interest rate. Ordinance No.061,2002,has been amended on Second Reading to correct the funds in which the lease-purchase money is being appropriated and the amount of the expenditure in each fund. ... .. .... ..-, .. ... '.F Wit+ AGENDA ITEM SUMMARY ITEM NUMBER: 14 FORT COLLINS CITY COUNCIL DATE: April 16, 2002 STAFF: Jim O'Neill SUBJECT: First Reading of Ordinance No. 061, 2002, Authorizing the Purchasing Agent to Enter into an Agreement for the Financing by Lease-Purchase of Vehicles and Equipment. RECOMMENDATION: Staff recommends adoption o e Ordi ce o i t Readin FINANCIAL IMPACT: The cost of the items to be lease-purchased is $522,322. Payments at the 5.05% interest rate will not exceed $60,549 in 2002. Money for the first year lease-purchase payments is included in the 2002 budget. The effect of the 00m ptp ye cial rating of the City will be to raise the total City debt by .I1%. sed to select Koch Financial Corporation for this lease. St believe is in the City's best interest. EXECUTIVE SUMMARY: This Ordinance will authorize the Purchasing Agent to enter into a lease-purchase financing agreement with Koch Financial Co oration at 5.05% interest rate. The agreement shall be for an original term from the execu ' dat o e a e n e of the current fiscal year. The agreement shall provide for r ewable a-ye a erea , to a total term of five (5) years, subject to annual appropriatio fun de r I e paym s. The total lease terms,including the original and all renewal terms,wi 1 not exceed the use li e o the property. This lease-purchase financing is consistent with the financial policies of the City of Fort Collins. BACKGROUND: The vehicles and equipment financed under the agreement will comply with applicable City policies, and will be in accordance with the goal of optimizing City resources without impacting service to the community. An "Equipment Request"justifying the replacement of each vehicle or piece of fleet equipment is on file with Fleet Services. The fleet manager has researched each request,and approved them based on current and projected maintenance costs, fuel economy, downtime, and relevant safety factors. Other equipment purchases have been approved in accordance with departmental procedures. All DATE: April 16, 2002 2 ITEM NUMBER: 14 vehicles and equipment have been purchased following the City's purchasing ordinances and procedures to ensure that the City realizes all cost savings. Lease-Purchase: The City's lease-purchase policy provides that: The City of Fort Collins uses lease-purchase for the provision of new and replacement equipment, vehicles and rolling stock in order to ensure the timely replacement of equipment and vehicles. This method may also be used to acquire real property. Members of the management staff have developed an equipment needs schedule for rolling stock which encompasses the demands of operating departments. This s is p q me needs for each budget year. The type of lease that the CitLesisli ed a tional sal lease. With each rental payment the City builds equity and risk a over term of the lease. The annual installments are subject to appropriation by the Council each year. Advantages of a lease-purchase over a cash purchase are: * Decreasing the impact of inflation on the purchase of new and replacement equipment. * Resolving the pr of r ee acklog. * Conserving op ating reJL es. * Reducing the initial impact of the cost to user departments by enabling costs to be spread over the useful life of the equipment. * Safeguarding the opportunity to use cash assets to earn higher interest than the interest cost of lease-purchasing. It should be noted that the City is able to discontinue the equipment leases so that future City Councils will have the option to continue or discontinytheicy of lease-purchasing City equipment. According to Section 29-1-10 .R. al a eatsred to identify as part of their budgets: (1)the total expenditures uring t e ensuing fisc all lease purchase agreements involving real and personal property; and (2) the total maximum payment liability under all lease purchase agreements over the entire terms of the agreements,including all optional renewal terms. Staff recognizes that the State does not include lease-purchase in the legal definition of debt; however, rating agencies include lease-purchases in calculating the City's debt burden. I DATE: ITEM NUMBER: 14 The proposed Ordinance authorizes the lease-put'chase"financing of the following: Line Department t Description Term No. p Q y p Total Cost (yrs) 1 Fleet Services 1 2000 Ford E-350 Van 19,700 3 2 Information 1 lot Audio/Video Equipment 330,000 5 Technology 3 Information 1 2002 Dodge 2500 Van 21,182 5 Technology 4 Collindale 1 Jacobsen LF-3400 Fairway Mower 33,449 5 5 City Park 9 3 Oparty 6,664 5 6Southridge 15 Yamah 33,321 5 Golf 7 SSoouthridge 1 Jacobsen LG-3400 Fairway Mower 33,449 5 Golf 8 Police 1 2002 Chevy Tahoe 26,605 5 Investigation Police 9 Investigation 1 2002 Chevy Impala Staff Car 17,952 5 -year mancing 19,700 0 5-y ' acing 502,622 Total Lease Financing $522,322 ORDINANCE NO. 061, 2002 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIaNG THE PURCHASING AGENT TO ENTER INTO AN AGREEMENT FOR THE FINANCING BY LEASE-PURCHASE OF VEHICLES AND EQUIPMENT WHEREAS, the City of Fort Collins, Colorado (the "City") has a need for and desires to provide certain real and personal property for City purposes; and WHEREAS, the City is authorized by the Colorado Constitution, Article XX, §6, its home charter, and Part 8 of Article 15 of Title 31,Colorado Revised Statutes, as amended(the "Act"), to enter into rental or leasehold agreements in order to provide necessary land, buildings, equipment and other property for governmental or proprietary purposes, and such agreements may include options to purchase and acquire title to such leased or rented property; and WHEREAS, the City has received a proposal from Koch Financial Corporation to lease equipment to the City, consisting of the following: Line Department t Description Term No. p Q y p Total Cost (yrs) 1 Fleet Services 1 2000 Ford E-350 Van 19,700 3 2 Information 1 lot Audio/Video Equipment 330,000 5 Technology 3 Information 1 2002 Dodge 2500 Van 21,182 5 Technology 4 Collindale 1 Jacobsen LF-3400 Fairway Mower 33,449 5 5 City Park 9 3 Yamaha G-16A Golf Carts 6,664 5 6 Southridge 15 Yamaha G-16A Golf Carts 33,321 5 Golf 7 Southridge 1 Jacobsen LG-3400 Fairway Mower 33,449 5 Golf 8 Police 1 2002 Chevy Tahoe 26,605 5 Investigation Police 9 Investigation 1 2002 Chevy Impala Staff Car 17,952 5 Total—3-year Financing 19,700 Total—5-year Financing 502,622 Total Lease Financing $522,322 WHEREAS,the City Council has determined that it is in the best interest of the City to lease the above-described equipment(the "Equipment")from Koch Financial Corporation,which is also providing financing for the Equipment acquisition; and WHEREAS, the City desires to enter into a lease-purchase agreement with respect to the leasing and financing of the Equipment; and WHEREAS, the useful life of the Equipment is longer than the maximum lease-purchase term of five (5) years; and WHEREAS, the City has determined that the lease payments to result from the proposed arrangement will require payments by the City in the sum of$30,275 per quarter,and that payments in that amount are reasonable and proper and represent the fair rental value of the Equipment; and WHEREAS, funds for the 2002 lease payments are included in the 2002 budget; and WHEREAS,the lease of the Equipment will not constitute a"multiple-fiscal year direct or indirect debt or other financial obligation"of the City within the meaning of Article X §20(4)(b)of the Colorado Constitution and may therefore be entered into without voter approval; and WHEREAS, Article V, Section 9, of the Charter of the City of Fort Collins permits the Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with previous appropriations for that fiscal year,does not exceed the then current estimate of actual and anticipated revenues to be received during the fiscal year. NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Purchasing Agent is hereby authorized to enter into a lease-purchase agreement for the above-described Equipment with Koch Financial Corporation in accordance with the following terms and provisions: a. The agreement shall be for an original term from the execution date of the agreement through December 31, 2002. The agreement shall provide for renewable one-year terms thereafter up to a total term of five (5) years, subject to annual appropriation of funds needed for lease payments. The total lease terms,including the original and all renewal terms,shall not exceed the useful life of the property. b. The City shall make equal quarterly payments throughout the term of such agreement but subject to annual appropriation of funds needed for such payments. C. If the City leases the Equipment for the original term and all renewal terms, the payment to Koch Financial Corporation will total the sum of the principal, $522,322, plus interest at a fixed rate equal to 5.05 % per year, which is a reasonable amount. d. The City shall have the option to purchase part or all of the Equipment on any quarterly payment date of any term. The option to purchase shall be exercised by paying the quarterly payment due on said date and the unpaid principal due after said date. e. If the City renews the agreement for all the renewal terms and makes all payments during said terms, the City shall be deemed to have exercised the option to purchase said Equipment. f. The agreement shall constitute only a current expense of the City and shall not be construed to be a debt or pledge of the City's credit or revenues. Section 2. That the amount of HIVE \,.,'.BR \" NTY E) THEW5 11U3\Ll\LT • o be provided under the lease-purchase agreement is hereby appropriated for expenditure in the General Fund from unanticipated revenue in the appropriate funds for the acquisition of the 1vehicles and equipment in accordance with the terms and provisions of the lease-purchase agreement, upon receipt thereof. aim Section 2$,. Any inconsistency between the provisions of this Ordinance and those of the . Act is intended by the Council. To the extent of any such inconsistency the provisions of this Ordinance shall be deemed made pursuant to the home rule charter of the City and shall supersede, to the extent permitted by law, the conflicting provisions of the Act. Introduced, considered favorably on first reading, and ordered published this 16th day of April, A.D. 2002, and to be presented for final passage on the 7th day of May, A.D. 2002. Mayor ATTEST: City Clerk Passed and adopted on final reading this 7th day of May, A.D. 2002. Mayor ATTEST: City Clerk