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ORDINANCE NO. 1695 <br />SERIES 2015 <br />AN ORDINANCE OF THE CITY OF LOUISVILLE, COLORADO <br />AUTHORIZING AND APPROVING A LEASE PURCHASE FINANCING <br />FOR SOLAR PANELS WITH ALPINE BANK AND, IN CONNECTION <br />THEREWITH, CERTAIN RELATED DOCUMENTS AND <br />TRANSACTIONS <br />WITNESSETH: <br />WHEREAS, the City of Louisville, Colorado ( "City ") is a home rule municipality and <br />political subdivision of the State of Colorado (the "State "); and <br />WHEREAS, the City Council of the City (the "Council ") wishes to participate in the <br />Boulder County CEC Solar Array with the acquisition of 606 solar panels therein (collectively, <br />the "Project "); and <br />WHEREAS, to finance the Project, the Council now desires to cause Alpine Bank (the <br />"Bank ") to purchase certain solar panels (the "Leased Property ") and further desires to lease the <br />Leased Property from the Bank, subject to annual appropriation by the Council, with an option to <br />purchase the Leased Property, pursuant to a Lease Purchase Agreement with the Bank (the <br />"Lease "); and <br />WHEREAS, the Council is authorized to enter into the Lease to lease from the Bank, <br />with an option to purchase the same, the Bank's interest in the Leased Property as provided in <br />such Lease, pursuant to Section 12 -4 of the City Charter and state law, including C.R.S. § 31 -15- <br />801 et seq.; and <br />WHEREAS, the Lease shall expire on December 31 of any City fiscal year (a "Fiscal <br />Year ") if the City has, on such date, failed, for any reason, to appropriate sufficient amounts <br />authorized and directed to be used to pay all Base Rentals (as defined in the Lease) scheduled to <br />be paid and all Additional Rentals (as defined in the Lease) estimated to be payable in the next <br />ensuing Fiscal Year, and in certain other circumstances set forth in the Lease, and shall not <br />constitute a mandatory charge or requirement against the City in any ensuing budget year unless <br />the City decides to renew the Lease by appropriating the necessary such amounts; and <br />WHEREAS, in order to implement the transactions described above, the Council desires <br />(a) to authorize and approve the execution and delivery by the City of, and the performance by <br />the City of its obligations under, the Lease and certain other documents described herein; and <br />(b) to authorize, approve, ratify, make findings and take other actions with respect to the <br />foregoing and related matters. <br />NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF <br />LOUISVILLE, COLORADO: <br />Ordinance No. 1695, Series 2015 <br />Page 1 of 4 <br />