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Res 38-04RESOLUTION NO. 38-04 RESOLUTION AUTHORIZING THE REIMBURSEMENT OF ORIGINAL EXPENDITURES WITH PROCEEDS OF FINANCING. WHEREAS, a duly called meeting was called of the governing body of Lessee held in accordance with all applicable legal requirements, including open meeting laws, on the _18TH day of_May 18, 2004_: WHEREAS, the governing body of the CITY OF DF, I,KAY BEACH ("Lessee") has approved the terms and conditions of a Master Lease Agreement (the "Lease") with SunTrust Leasing Corporation ("Lessor") pursuant to which Lessor will finance Lessee's acquisition of certain equipment (the "Equipment") described in Equipment Schedule No. 01 to the Master Lease; and WHEREAS, Lessee intends to apply certain proceeds of the Lease to the reimbursement of expenditures previously made by Lessee from the General Construction Fund (the "Expenditures') in connection with the acquisition of the Equipment. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF LESSEE AS FOI.I.OWS: Section 1. It is hereby determined and approved that (i) the proceeds of the Lease shall be used for two IBM iSeries Servers and Software (ii) the maximum principal amount of the obligations expected to be incurred in connection with such project is $581,420 and (ih') certain proceeds of the Lease be paid to the Lessee as reimbursement for the Expenditures. Section 2. The proper officers of Lessee be, and each of them hereby is, authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper for carrying out this resolution. The undersigned further certifies that the above resolution has not been repealed or amended and remains in full force and effect. Date: May 18, 2004 CITY OF DELRAY BEACH Lessee Name: Jeff Perlman Title: Mayor Attested By: ~~ Name: Barbara Gatito Title: City. Clerk 2 RESOLUTION NO. 38-04 To: From: Subject: Date: MEMORANDUM City Commission David T. Harden, City Manager Resolution # 38-04 May 10, 2004 Resolution #38-04 authorizes the reimbursement of original expenditures with proceeds of lease purchase financing of the IBM iSeries equipment and software totalling $581,420. Tax law requires a reimbursement resolution for expenses that will be reimbursed by borrowed proceeds after 60 days or more. The closing on the lease pumhase agreement will be 69 days past the payment to Midrange Support and Services for the equipment requiring the passing of the attached resolution. I recommend approval of Resolution# 38-04. MEMORANDUM To: David T. Harden, City Manager From:,~,,~y Rebecca S. O'Connor, Treasurer Thru: Joseph M. Safford, Director of Finance Subject: Resolution # 38-04 Date: May 10, 2004 In connection with the SunTrust Master Lease Agreement, I recommend approval of the attached Resolution# 38-04. Resolution #38-04 authorizes the reimbursement of original expenditures with proceeds of lease purchase financing of the IBM iSeries equipment and software totalling $581,420. Tax law requires a reimbursement resolution for expenses that will be reimbursed by borrowed proceeds after 60 days or more. The closing on the lease purchase agreement will be 69 days past the payment to Midrange Support and Services for the equipment requiring the passing of the resolution. The delay is primarily due to the fact that the RFP had to be re-bid. RESOLUTION NO. 38-04 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 _18TH__ day of_May 18, 2004__ the following resolution was introduced and adopted: RESOLUTION AUTHORIZING THE REIMBURSEMENT OF ORIGINAL EXPENDITURES WITH PROCEEDS OF FINANCING. WHEREAS, a duly called meeting was called of the governing body of Lessee held in accordance with all applicable legal requirements, including open meeting laws, on the _18TH__ day of_May 18, 2004_: WHEREAS, the governing body of the CITY OF DELRAY BEACH ("Lessee") has approved the terms and conditions of a Master Lease Agreement (the "Lease") with SunTrust Leasing Corporation ("Lessor") pursuant to which Lessor will finance Lessee's acquisition of certain equipment (the "Equipment") described in Equipment Schedule No. 01 to the Master Lease; and WHEREAS, Lessee intends to apply certain proceeds of the Lease to the reimbursement of expenditures previously made by Lessee from the General Construction Fund (the "Expenditures") in connection with the acquisition of the Equipment. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF LESSEE AS FOLLOWS: Section 1. It is hereby determined and approved that (i) the proceeds of the Lease shall be used for two IBM iSeries Servers and Software (ii) the maximum principal amount of the obligations expected to be incurred in connection with such project is $581,420 and (iii) certain proceeds of the Lease be paid to the Lessee as reimbursement for the Expenditures. Section 2. The proper officers of Lessee be, and each of them hereby is, authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper for carrying out this resolution. The undersigned further certifies that the above resolution has not been repealed or amended and remains in full force and effect. Date: May 18, 2004 CITY OF DELRAY BEACH Lessee By:. Name: Jeff Periman Title: Mayor_ Attested By: (Signature of Secretary, Board Chairman or other member of the Governing Body) Name: Barbara Garito Title: City Clerk RES. NO. 38-04