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RESOLUTION NO. ( 020 9_9-5 <br />/- <br />A RESOLUTION <br />OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, <br />CONCERNING THE ACQUISITION BY LEASE <br />OF CERTAIN EQUIPMENT ESSENTIAL TO THE OPERATIONS OF THE CITY <br />Whereas, the Common Council of the City of South Bend, <br />Indiana has determined that a true and very real need exists for <br />the acquisition of the Equipment described in the Master Equipment <br />Lease ( "Lease Agreement ") between 1st Source Bank ( "Lessor ") and <br />the City of South Bend, Indiana ( "Lessee ") presented to the Common <br />Council at the meeting of the Common Council on the date noted <br />hereinbelow; and <br />Whereas, the Common Council of the City of South Bend, <br />Indiana has determined that the Board of Public Works of the City <br />of South Bend, Indiana has taken the necessary legal steps, <br />including satisfaction of any legal bidding requirements, under <br />Indiana law to arrange for the acquisition of the Equipment. <br />NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF <br />THE CITY OF SOUTH BEND, INDIANA as follows: <br />1. That the terms of said Lease Agreement are in the <br />best interests of the City of South Bend, Indiana for the <br />acquisition of such Equipment, and the Common Council of the City <br />of South Bend, Indiana designates and confirms the following <br />persons to execute and deliver, and to witness the execution and <br />delivery, respectively, the Lease Agreement and any related <br />documents necessary to the consummation of the transactions <br />contemplated by the Lease Agreement. <br />Party to Execute Lease Agreement: Party to Attest to the <br />John E. Leszczynski Execution of Lease: <br />President, Board of Public Works Angela K. Jacobs, Clerk <br />Board of Public Works <br />2. That the Common Council of the City of South Bend <br />hereby represents that the reasonably anticipated amount of <br />qualified tax - exempt obligations which have been and will be issued <br />by the City of South Bend, Indiana does not exceed $10,000,000 for <br />the calendar year within which this Lease Agreement is to be a "tax <br />exempt obligation" pursuant to Section 265(b)(3) of the Internal <br />Revenue Code. <br />3. This Resolution shall be in full force and effect <br />from and after its adoption by the Common Council and approval by <br />the Mayor. <br />PRESENTED <br />NOT APPROVED <br />ADOPTED ,5- <br />Filed in Clerk's Office <br />Mar > > t <br />IRENEOAMMCN <br />C"CM K 90.®END,IN. <br />