HomeMy WebLinkAboutAcquisition by Lease for Certain Equipment Essential to City Operations not to exceed $10,000,000.00RESOLUTION
NO. 2386 -96
Passed by the Common Council of the City of South Bend, Indiana,
July 8, 96
Clerk
Attest
Presented by me to the Mayor of the City of South Bend,
July 9, 9 96
of Common Council.
City Clerk
Approved and signed by mo I /l� 19—a .
G 14—p � Mayor
RESOLUTION NO. �396_ /V
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA, CONCERNING THE ACQUISITION
BY LEASE OF CERTAIN EQUIPMENT ESSENTIAL, TO THE
OPERATIONS OF THE CITY
WHEREAS, the Common Council of the City of South Bend,
Indiana, has determined that a true and very real need exists for
the acquisition of the Equipment described in the Municipal
Equipment Lease - Purchase Agreement ( "Lease Agreement ") between
SAFECO Credit Company, Inc. ( "Lessor ") and the City of South Bend,
Indiana ( "Lessee ") presented to the Common Council at the meeting
of the Common Council on the date noted hereinbelow; and
WHEREAS, Lessee has carefully reviewed its financing
requirements for the current calendar year and reasonably expects
that it will not issue more than ten million dollars ($10,000,000)
of tax - exempt obligations during the calendar year; and
WHEREAS, the Common Council of the City of South Bend, Indiana
has determined that the Board of Public Works of the City of South
Bend, Indiana has taken the necessary legal steps, including
satisfaction of any legal bidding requirements, under Indiana law
to arrange for the acquisition of the Equipment.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
1. That the terms of said Lease Agreement are in the best
interests of the City of South Bend, Indiana, for the acquisition
of such Equipment, and the Common Council of the City of South
Bend, Indiana designates and confirms the following persons to
execute and deliver, and to witness the execution and delivery,
respectively, the Lease Agreement and any related documents
necessary to the consummation of the transactions contemplated by
the Lease Agreement.
Party to Execute Lease Agreement:
John E. Leszczynski, President
Board of Public Works
Party to Attest to the Execution
of Lease:
Angela K. Jacob, Clerk
Board of Public Works
2. That pursuant to Section 265(b)(3) of the Internal Revenue
Code, this Lease Agreement be and hereby is designated a "qualified
tax - exempt obligation" includable within the ten million dollars
($10,000,000) of the aggregate issues designated as "qualified tax -
exempt obligations" for the calendar year within which this Lease
is entered into.
3. That the Common Council of the City of South Bend hereby
represents that the reasonably anticipated amount of qualified tax -
exempt obligations which have been and will be issued by the City
of South Bend, Indiana does not exceed $10,000,000 for the calendar
year within which this Lease Agreement is to be a "tax exempt
obligation" pursuant to Section 265(b)(3) of the Internal Revenue
Code.
4. This Resolution shall be in full force and effect from and
after its adoption by the Common Council and approval by the Mayor.
PRESENTED 7 -0 - %�
NOT APPROVED
ADOPTED
Member, C mmon Coun it
Filed In Clerk's Office
[Ei:il
LOBETTAJ. DUDA
CITY CLERK, SO. BEND, IN.