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HomeMy WebLinkAbout2003-004 Equipment Lease[Non-Escrow] Master Lease Agreement Number: 122029 Supplement Number: 122029-400 RESOLUTION #4-2003 RESOLUTION OF GOVERNING BODY At a duly called meeting of the governing body of Lessee held in accordance with all applicable legal requirements, including open meeting laws, on the 9TH day of D~..CEMBER , 2003, the following resolution was introduced and adopted: RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A GOVERNMENTAL LEASE-PURCHASE MASTER AGREEMENT NO. 122029, SUPPLEMENT NO. 122029-400 AND RELATED INSTRUMENTS, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, the governing body o f the City of C hubbuck ("Lessee") desires to obtain certain equipment (the "Equipment") described in Supplement No. 122029-400 to the Governmental Lease-Purchase M aster Agreement N o. 1 22029 (collectively, t he "Lease") with Wells Fargo Equipment Finance, Inc. ("Lessor"), the form of which has been available for review by the governing body of Lessee prior to this meeting; and WHEREAS, the Equipment is eSsential for the Lessee to perform its governmental functions; and WHEREAS, the funds made available under the Lease will be applied to the acquisition of the Equipment in accordance with such 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 Lessor substantially in the form presented to this meeting. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF LESSEE AS FOLLOWS: Section l. It is hereby found a nd determined t hat t he terms o f t he Lease i n t he form 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 Lease and the acquisition and financing of the Equipment under the terms and conditions as described in the Lease are hereby approved. The MAYOR 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 Lease with any changes, insertions and omissions therein as may be approved by the officers who execute the Lease, such approval to be conclusively evidenced by such execution and delivery of the Lease. The MAYOR 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 Lease and attest the same. Section 3. 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 carrying out this resolution and the Lease. Section 4. 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(1>)(3) of the Code. The undersigned further certifies that the above resolution has not been repealed or amended and remains in full force and effect and further certifies that the Lease executed on behalf of Lessee is the same as presented at such meeting of the governing body of Lessee, excepting only such changes, insertions and omissions as shall have been approved by the officers who executed the same. Date: DECEMBER 9T~2003 Lessee: City of Chubbuck Address: 5160 Yellowstone Avenue Chubbuck, ID 83202 Attention: Telephone: Facsimile: Ron Conlin 208-237-2400 208-237-2409 2