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HomeMy WebLinkAboutCity Council Resolutions (R-15-3923)-10/20/2015 RESOLUTION R-15-3923 A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER TAX-EXEMPT LEASE/PURCHASE AGREEMENT WITH LEASING 2, INC. WHEREAS, the City of Colleyville City Council desires to obtain certain equipment (the Equipment) described in Exhibit A - Property Description to the Master Tax-Exempt Lease/Purchase Agreement (collectively, the "Lease") with Leasing 2, Inc. (Lessor), the form of which has been available for review by the governing body Of Lessee prior to the meeting; and WHEREAS, the Equipment is essential for the City of Colleyville 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 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 20th day of October 2015; and WHEREAS, all legal prerequisites for the approval of this Resolution have been met, including but not limited to the Open Meetings Act. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all matters stated above are found to be true and correct" and are incorporated herein by reference as if copied in their entirety. Sec. 2. THAT it is hereby found and determined that the terms of the Lease 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. Resolution R-15-3923 Page 2 of 2 Sec. 3. THAT 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 the City of Colleyville, shall have power to execute contracts on behalf of the City of Colleyville, 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. Sec. 4. THAT the Mayor of the City of Colleyville is authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other document 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. Sec. 5. THAT 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)(B) of the Code. Sec. 6. THAT 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 them. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES , NAYS D;AND C' ABSTENTIONS, THIS 20TH DAY OF OCTOBER 2015. :ATTEST: CITY OF COLLEYVILLE ' / ' = Amy elley, TRMC David Kelly _ City Secretary Mayor