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HomeMy WebLinkAboutVI (D) Resolution No. 96-16, approving a supplemental amendment to an equipment lease/purchase agreement with Ford Motor Company and designating it as a qualified tax-exempt obligation AGENDA 7-2-96 "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" Item VI D ()COG@ 5.SW11 VANUCKUK1C1 Cr0 COMMISSIONERS ... ` a CITY OF OCOEE RUSTY JOHNSON SCOTT ANDERSON SCOTT A.GLASS JIM GLEASON 150 N.LAKESHORE DRIVE CoV OCOEE,FLORIDA 34761-2258 'lJ. ��� (407)656-2322 F,p �� CITY MANAGER 0000 ELLIS SHAPIRO STAFF REPORT TO: The Honorable Mayor and Boar of City Commissioners FROM: Mark W. Brace, CPPB, Buyer DATE: 27 June, 1996 RE: RESOLUTION NO. 96-16 The attached Resolution NO. 96-16 relates to an item from the City Commission Meeting held on March 3rd, 1996 which authorized the purchase of a police cruiser to replace one that had been totalled. This Resolution designates that lease/purchase as a qualified tax- exempt obligation. ACTION REQUESTED That the Honorable Mayor and Board of City Commissioners adopt Resolution No. 96-16 and that the Mayor and City Clerk execute the necessary documents related to Resolution No. 96-16. RESOLUTION NO. 96-16 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA APPROVING A SUPPLEMENTAL AMENDMENT TO AN EQUIPMENT LEASE/PURCHASE AGREEMENT WITH FORD MOTOR CREDIT COMPANY AND DESIGNATING IT AS A QUALIFIED TAX-EXEMPT OBLIGATION WHEREAS, the City has heretofore entered into a certain Florida Equipment Lease-Purchase Agreement (Lease No. 36895) dated as of March 10, 1993 ("the Equipment Lease") with Ford Motor Credit Company ("Lessor") ; and WHEREAS, the City desires to lease additional equipment from Lessor pursuant to and subject to the terms and conditions of the Equipment Lease. NOW, THEREFORE, the City Commission of the City of Ocoee, Florida hereby adopts the following resolutions: RESOLVED, that this City enter into a certain supplemental amendment to the Equipment Lease with Lessor in substantially the form attached hereto and by this reference made a part hereof ("the Supplemental Amendment") and that this City lease equipment from Lessor pursuant to the terms of such Equipment Lease and Supplemental Amendment; and that the Mayor and the City Clerk of this City be and hereby are authorized and directed in the name and on behalf of this City to execute the Supplemental Amendment with Lessor in substantially the form presented at this meeting, with such changes therein and additions thereto as shall be approved by such officers who execute the same, and such execution shall be conclusive evidence that each such document so executed has been authorized and approved by this vote. FURTHER RESOLVED, that the City Commission of the City of Ocoee, Florida finds that a true and very real need exists for the acquisition of the Equipment described in the Supplemental Amendment and that such acquisition is in the best interests of the City of Ocoee. FURTHER RESOLVED, that the City Commission of the City of Ocoee, Florida finds that the City of Ocoee has taken the necessary steps, including compliance with any applicable legal bidding requirements, under applicable law to arrange for the acquisition of such equipment. FURTHER RESOLVED, that the obligations of the City under the Supplemental Amendment be hereby designated, pursuant to Section 265 (b) (3) (D) of the Internal Revenue Code of 1986, as amended (hereinafter called the "Code") , as comprising a portion of the $10, 000, 000. 00 in aggregate issues which may be designated as "Qualified Tax-Exempt Obligations" eligible for the exception to the general rule of the Code which provides for a total 1 disallowance of a deduction for interest expense allocable to the carrying of tax-exempt obligations. FURTHER RESOLVED, that the Mayor and the City Clerk of this City be and hereby are authorized to execute and deliver such other instruments and take such other actions as they shall deem necessary and desirable for the purpose of carrying out these resolutions and consummating the transactions comtemplated by the Supplemental Amendment. FURTHER RESOLVED, that the foregoing resolutions shall remain in full force and effect until written notice of their amendment or rescission shall have been received by Lessor and that receipt of such notice shall not affect any action taken by Lessor prior thereto. FURTHER RESOLVED, that the Clerk of this City be and hereby is authorized and directed to certify to the Lessor the foregoing resolutions and that the provisions thereof are in conformity with the charter of this City. ADOPTED this day of , 1996. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this day of , 1996 FOLEY & LARDNER APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON THE DATE INDICATED By: ABOVE UNDER AGENDA ITEM City Attorney NO. 2