HomeMy WebLinkAbout012 - 02/19/2008 - AUTHORIZING THE PURCHASING AGENT TO ENTER INTO AN AGREEMENT TO FINANCE EQUIPMENT BY LEASE-PURCHASE ORDINANCE NO. 012, 2008
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE PURCHASING AGENT TO ENTER
INTO AN AGREEMENT TO FINANCE EQUIPMENT BY LEASE-PURCHASE
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
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(the "Equipment'), consisting of an energy efficiency lighting upgrade for
28 city facilities; and
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 (the "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
Agreement will require payments by the City in the sum of $42,146 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 2008 lease payments are included in the 2008 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) 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 original term of the Agreement will commence on the execution date
and extend through December 31, 2008. The Agreement shall provide for
renewable one-year terms 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 will make equal quarterly payments throughout the term of the
Agreement but subject to annual appropriation of funds needed for the
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, $765,347, plus interest at a fixed rate equal to 3.75% per year.
d. The City will 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 that date.
e. If the City renews the Agreement for all the renewal terms and makes all
payments during those terms, the City will have exercised the option to
purchase the Equipment.
f. The Agreement will 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 Seven Hundred Sixty Five Thousand, Three Hundred
Forty Seven Dollars ($765,347) to be provided under the Agreement is hereby appropriated for
expenditure in the General Fund from unanticipated revenue in the appropriate funds for the
acquisition of the equipment in accordance with the terms and provisions of the Agreement,
upon receipt thereof.
Section 3. 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 Charter of the City and shall supersede, to the
extent permitted by law, the conflicting provisions of the Act.
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introduced, considered favorably on first reading, and ordered published this 5th day of
February, A.D. 2008, and to be presented for final passage on the 19th day of February, A.D.
2008.
Mayo
ATTEST:
City Clerk
Passed and adopted on final reading on the 19th day of ary, A.D. 2008.
Mayor
ATTEST:
City Clerk
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