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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