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HomeMy WebLinkAbout1992-088 RESO 1992-24A RESO~U~ZON APPROVZNG DO~R~8 AND AU~HORZgING 8U~H A~TIO~8 A8 ~Y BR ~RCR88ARY ~0 Z~P~E~N~ ~H~ OP ~. ASHLAND SKZ AR~A ASSRT8~ OB~AZ~ A PORE8~ 8ERVSC~ PR~IT AND ERAS~ ~HE ARRA AND A88~8 ~0 ~. ASHLAND A880CZA~ZON. RECITALS: A. The City has received charitable contributions exceeding one million dollars from many sources and citizens for the purchase and operation of the Mt. Ashland ski area, and B. The City, by adopting this resolution, makes the following findings: 1. The acquisition of the ski area assets and Forest Service Use Permit serve a public purpose by providing a park for the citizens of Ashland. 2. The operation of the area by Mt Ashland Association will provide educational and recreational opportunities for the citizens of Ashland and the community. 3. The City has an important and continuing role in the economic development and diversification of industry and commerce in the community. There is a need to increase long-run employment opportunities and economic stability through such diversification by providing the physical facilities necessary to develop responsible and compatible commercial enterprises which will benefit the citizens of Ashland and the community. Continued development of commercial facilities are necessary to insure the growth and prosperity of the City. It is in the public interest to develop seasonal employment by encouraging the orderly growth and promotion of non-polluting, labor-intensive businesses which are compatible with other public entities and governmental units in respect to energy development and conservation, environmental protection, transportation, and the judicious use of natural resources. 4. It is further declared that the acquisition of title or interest to the ski area facilities and the lease of such facilities as provided by the documents approved in the following resolution is a public purpose and shall be regarded as performing an essential governmental function of the City. Furthermore, the acquisition of the facilities, the lease of those facilities to Mt. Ashland Association and the disbursal of funds to Mt Ashland Association for the operation of those facilities are sufficiently beneficial to the community as a whole to justify government involvement and is of a general benefit to the economy of the City and the community. PAGE I-MT. ASHLAND RESOLUTION (p:daily\sldash\skiash.res) THE CITY COUNCIL OF THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Approval of asset purchase aqreement and its amendment. The attached agreement dated January 20, 1992 entitled "Asset Purchase Agreement" between Ski Ashland, Inc., a Washington corporation, and Mt. Ashland Ski, Inc., an Oregon corporation, and the attached amendment to such agreement entitled "Amendment to Asset Purchase Agreement" between Ski Ashland, Inc., a Washington corporation, and the City of Ashland as successor by assignment from Mt. Ashland Ski, Inc., the original buyer under the Asset Purchase Agreement, is approved and the Mayor and City Recorder are authorized to sign the Amendment to Asset Purchase Agreement on behalf of the City. SECTION 2. Acceptance of assignment. The attached assignment of the Asset Purchase Agreement described in section one, from Mt. Ashland Ski, Inc. to the City of Ashland is approved and accepted by the City and the Mayor and City Recorder are authorized to sign the Amendment to Asset Purchase Agreement on behalf of the City. SECTION 3. Approval of lease. The attached lease between the City of Ashland and Mt. Ashland Association, an Oregon not-for- profit corporation, for the Mt. Ashland ski area is approved and the Mayor and City Recorder are authorized to sign it on behalf of the City at such time as the sale of the assets to the City has been completed. SECTION 4. Application for, and approval of, Forest Service permit. The City Administrator is authorized to apply for the United States Department of Agriculture-Forest Service special use permit for the ski area and to take such action as shall be necessary on behalf of the City to accomplish the issuance of the permit. The foregoing resolution was READ and DULY ADOPTED at a special meeting of the City Council of the City of Ashland on May 11, 1992. Nan E. Franklin, City Recorder SIGNED and APPROVED this /-~ Renewed aL t~ form: Paul Nolte, City Attorney day of ,~.~ , 1992. Catherine M. ~olden, Mayor PAGE 2-MT. ASHLAND RESOLUTION (i):(l:,ily\~ki~sh\~kia~h.r¢~)