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R 3623 RESOLUTION NO. 3623 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE EXECUTION AND DELIVERY OF A LEASE WITH OPTION TO PURCHASE, AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH WHEREAS, City of Arroyo Grande, County of San Luis Obispo, State of California ("City") is duly authorized and existing under the laws of said State; and WHEREAS, the City desires to provide for financing in the approximate amount of $175,500.00 for the acquisition of computer hardware and software (the "Property"); and WHEREAS, Municipal Finance Corporation (the "Corporation") has proposed a cost- effective lease purchase financing arrangement at a 3.50% interest rate, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Arroyo Grande as follows: SECTION 1. Lease with Option to Purchase. The Mayor, City Manager or a designee is hereby authorized to enter into a Lease with Option to Purchase (the "Lease") with the Corporation to finance the Property, subject to approval as to form by the City Attorney. SECTION 2. Attestations. The Clerk or other appropriate City officer are hereby authorized and directed to attest the signature of the Mayor or City Manager or of such other person or persons as may have been designated by the Mayor or City Manager, and to affix and attest the seal of the City, as may be required or appropriate in connection with the execution and delivery of the Lease. SECTION 3. Other Actions. The Mayor, City Manager and other officers of the City are each hereby authorized and directed, jointly and severally, to take any and all actions and to execute and deliver any and all agreements, documents and certificates which they may deem necessary or advisable in order to carry out, give effect to and comply with the terms of this Resolution and the Lease. Such actions are hereby ratified, confirmed and approved. SECTION 4. Qualified Tax-Exempt ObliQations. The Lease is hereby designated as a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code"). The City, together with all subordinate entities of the City, do not reasonably expect to issue during the calendar year in which the Lease is issued more than $10,000,000 of obligations which it could designate as "qualified tax-exempt obligations" under Section 265(b) of the Code. RESOLUTION NO. 3623 PAGE 2 SECTION 5. Reimbursement of Prior Expenditures. The City declares its official intent to be reimbursed from the proceeds of the Lease approved hereby for a maximum principal amount of $175,500.00 of expenditures occurring no earlier than sixty days prior to the adoption of this Resolution. All reimbursed expenditures will be capital expenditures as defined in Section 1.150-1 (b) of the Federal Income Tax Regulations. SECTION 6. Effect. This Resolution shall take effect immediately upon its passage. On motion by Council Member Runels, seconded by Council Member Lubin, and on the following roll-call vote, to wit: AYES: Runels, Lubin, Dickens, Ferrara, Lady NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 22nd day October, 2002. RESOLUTION NO~623 PAGE 3 MICHA4t'AYOR ATTEST: Q!U----' RE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: ~~~" S;TE N ADAMS, ~ITY MANAGER APPROVED AS TO FORM: ~ / RESOLUTION NO. 3623 OFFICIAL CERTIFICATION I, KELLY WETMORE, Director of Administrative ServiceslDeputy City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of pe~ury, that Resolution No. 3623 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 22nd day of October, 2002. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 25th day of October, 2002. (JWJ)IJL ORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK