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HomeMy WebLinkAboutResolution No. 90-15 CITY OF THE COLONY, TEXAS RESOLUTION NO, A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN E~UIPMENT LEASE/PURCHASE AGREEMENT AND RELATED INSTRUMENTS AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the governing of the City of The Colony, Texas ("Lessee") has determined that to true, and very real need exists for the Equipment (the "Equipment") described in the Equipment 'Lease/Purchase Agreement (the "Agreement") presented to this meeting; 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 Agreement substantially in the form presented to this meeting; and WHEREAS, Lessee reasonable anticipates that it and its subordinate entities will not issue tax-exempt obligations in the face amount of more than $10,000,000 during the current calendar year. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF LESSEE AS FOLLOWS: Section 1. It is hereby found and determined that the terms of the AGreement in the 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 Agreemen~ is hereby approved. The City Manager 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 Agreement with any changes, insertions and omissions therein as may be approved by [he officers who execute the Agreement, such approval to be conclusively evidenced by such execution and delivery of the Agreement. The City Secretary 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 Agreement and attest to 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 Agreement. Section 4. Lessee hereby designates the Agreement as a "qualified tax-exempt obligation" within the meaning of Section 265(b) (3) of the Internal Revenue Code of 1986, as amended. PASSED AND APPROVED this ,~_~day of ~, 1990. Don Amlck, Ma~or ~ ' ATTEST: a~tl A. Htcks, C~ty Secretary (SEAL)