HomeMy WebLinkAbout095 - 07/06/2004 - AUTHORIZING THE PURCHASING AGENT TO ENTER INTO AN AGREEMENT FOR THE FINANCING BY LEASE-PURCHASE OF V ORDINANCE NO. 095, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING 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 rule 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
Term
No. Department Qty Description Total Cost (yrs)
1 Police Patrol 18 2004 Ford Crown Victoria patrol cars 443,250.00 5
2 Police Patrol 4 2004 Chevrolet Impala patrol cars 74,720.00 5
3 Police Patrol 5 2004 Chevrolet Astro van patrol cars 90,230.00 5
4 Police Patrol 1 Patrol car and motorcycle equipment 31,589.28 5
5 Police Patrol 26 Radar Units for Patrol Cars 52,000.00 5
6 Police Patrol 1 Patrol car laptop computers and equipment 46,840.00 5
7 Fleet 1 2004 Jeep Cherokee 26,715.72 5
8 Golf Division 16 Golf carts for SouthRidge 37,690.00 5
9 Cemetery 1 John Deere 315SG backhoe loader 55,700.00 5
10 Forestry 1 Morbark Chipper 26,265.00 5
Total 5-year Financing $885,000.00
WHEREAS, the City Council has determined that it is in the best interest of the City to
lease the above-described 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 $49,278 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 2004 lease payments are included in the 2004 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, 2004. 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, $885,000, plus interest at a fixed rate equal to 4.19% 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 FIFTY-FIVE THOUSAND SEVEN HUNDRED
DOLLARS ($55,700) to be provided under the lease-purchase agreement is hereby appropriated
for expenditure in the Cemetery Fund from unanticipated revenue in the appropriate funds for
the acquisition of the Cemetery vehicles in accordance with the terms and provisions of the
lease-purchase agreement, upon receipt thereof.
Section 3. That the amount of SEVEN HUNDRED SIXTY FOUR THOUSAND,
EIGHT HUNDRED NINETY FOUR DOLLARS AND TWENTY EIGHT CENTS
($764,894.28) to 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 patrol vehicles and equipment in accordance with the terms and provisions of
the lease-purchase agreement, upon receipt thereof.
Section 4. That the amount of TWENTY SIX THOUSAND, SEVEN HUNDRED
FIFTEEN DOLLARS AND SEVENTY TWO CENTS ($26,715.72) to be provided under the
lease-purchase agreement is hereby appropriated for expenditure in the Fleet Fund from
unanticipated revenue in the appropriate funds for the acquisition of a staff vehicle in accordance
with the terms and provisions of the lease-purchase agreement, upon receipt thereof.
Section 5. That the amount of THIRTY SEVEN THOUSAND, SIX HUNDRED
NINETY DOLLARS ($37,690) to be provided under the lease-purchase agreement is hereby
appropriated for expenditure in the Golf Fund from unanticipated revenue in the appropriate
funds for the acquisition of the grounds equipment in accordance with the terms and provisions
of the lease-purchase agreement, upon receipt thereof.
Section 6. 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 15th day of
June, A.D. 2004, and to be presented for final passage on the 6th day of July, A.D. 2004.
Mayor
AITE ST'
City Clerk
Passed and adopted on final reading this 6th day of July, A.D. 2004.
Mayor
A EST:
City Clerk