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HomeMy WebLinkAbout09754RESOLUTION NO. 9754 A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER LEASE AGREEMENT, EQUIPMENT SCHEDULE NO. 01, AND RELATED INSTRUMENTS, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the governing body of Pueblo, a Municipal Corporation ( "Lessee ") desires to obtain certain equipment (the "Equipment ") described in Equipment Schedule No. 01 to the Master Lease Agreement (collectively, the "Lease ") with Leasing 2, Inc., the form of which has been available for review by the governing body of Lessee prior to this meeting; and and WHEREAS, the Equipment is essential for the Lessee to perform its governmental functions; WHEREAS, the funds made available under the Lease will be deposited into an Escrow Account pursuant to the Lease and will be applied to the acquisition of the Equipment in accordance with the Lease; and WHEREAS, Lessee has taken the necessary steps, including those relating to any applicable legal bidding requirements, to arrange for the acquisition of the Equipment; and WHEREAS, Lessee proposes to enter into the Lease with Leasing 2, Inc., substantially in the form presented to this meeting. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. It is hereby found and determined that the terms of the Lease and related instruments (collectively, the "Financing Documents ") in the forms presented to this meeting and incorporated in this Resolution are in the best interests of Lessee for the acquisition of the Equipment. SECTION 2. The Financing Documents and the acquisition and financing of the Equipment under the terms and conditions as described in the Financing Documents are hereby approved. The President of City Council of Lessee and any other officer of Lessee who shall have power to execute contracts on behalf of Lessee be, and each of them hereby is, authorized to execute, acknowledge and deliver the Financing Documents with any changes, insertions and omissions therein as may be approved by the officers who execute the Financing Documents, such approval to be conclusively evidenced by such execution and delivery of the Financing Documents. The City Clerk of the Lessee and any other officer of Lessee who shall have power to do so be, and each of them hereby is, authorized to affix the official seal of Lessee to the Financing Documents and attest the same. The proper officers of Lessee be, and each of them hereby is, authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper for carving out this resolution and the Financing Documents. Pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended (the "Code "), Lessee hereby specifically designates the Lease as a "qualified tax - exempt obligation" for purposes of Section 265(b)(3) of the Code. INTRODUCED December 23, 2002 BY Al Gurule Councilperson APPROVED: resident of City Council ATTEST: City C