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HomeMy WebLinkAbout21749 - RESOLUTIONS - 10/25/2006RESOLUTION NO. 21749 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING A LEASE PURCHASE AGREEMENT WITH OSHKOSH CAPITAL FOR THE PURCHASE OF A NEW 105 FOOT AERIAL LADDER TRUCK. A5341. WHEREAS, the Municipality is a political subdivision of the State (the "State") in which Municipality is located and is duly organized and existing pursuant to the Constitution and laws of the State; and WHEREAS, pursuant to applicable law, the governing body of the Municipality ("Governing Body") is authorized to acquire, dispose of and encumber real and personal property, including, without limitation, rights and interest in property, leases and easements necessary to the functions or operations of the Municipality; and WHEREAS, the Governing Body hereby finds and determines that the execution of one or more Master Lease -Purchase Agreements ("Leases") in the principal amount not exceeding $860,836.30 for the purpose of acquiring a 105 foot ladder truck the property ("Equipment') to be described in the Leases is appropriate and necessary to the functions and operations of the Municipality; and WHEREAS, Oshkosh Capital ("Lessor") shall act as Lessor under said Leases. NOW, THEREFORE, Be It Ordained by the Governing Body of the Municipality: Section 1. Either one of the City Manager OR his designated representative (each an ",Authorized Representative") acting on behalf of the Municipality, is hereby authorized to negotiate, enter into, execute, and deliver one or more Leases in substantially the form set forth in the document presently before the Governing Body, which document is available for public inspection at the office of the Municipality. Each Authorized Representative acting on behalf of the Municipality is hereby authorized to negotiate, enter into, execute, and deliver such other documents relating to the Lease as the Authorized Representative deems necessary and appropriate. All other related contracts and agreements necessary and incidental to the Leases are hereby authorized. Section 2. By a written instrument signed by any Authorized Representative, said Authorized Representative may designate specifically identified officers or employees of the Municipality to execute and deliver agreements and documents relating to the Leases on behalf of the Municipality. Section 3. The aggregate original principal amount of the Leases shall not exceed the amount stated above and shall bear interest as set forth in the Leases and the Leases shall contain such options to purchase by the Municipality as set forth therein. Resolution No. 21749 Page 2 Section 4. The Municipality's obligations under the Leases shall be subject to annual ' appropriation or renewal by the Governing Body as set forth in each Lease and the Municipality's obligations under the Leases shall not constitute general obligations of the Municipality or indebtedness under the Constitution or laws of the State. Section 5. This resolution shall take effect immediately upon its adoption and approval. ADOPTED THIS 251h day of October, 2006. ATTEST: / mes Thompson, City Clerk C David H. Ready, City CERTIFICATION STATE OF CALIFORNIA ) I COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 21749 is a full, true and correct copy, and was duly adopted at an adjourned meeting of the City Council of the City of Palm Springs on the 25th day of October, 2006, by the following vote: AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tern Foat. NOES: None. ABSENT: Mayor Oden. ABSTAIN: None. lames Thompson, City Clerk City of Palm Springs, California