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HomeMy WebLinkAboutRes1996-011 , ~ , Sponsored by: Garzini CITY OF SEWARD, ALASKA RESOLUTION NO. 96-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE EXECUTION OF AN EQUIPMENT LEASE/PURCHASE AGREEMENT BY AND BETWEEN THE CITY AND ASSOCIATES COMMERCIAL CORPORATION AND PROVIDING FOR RELATED MATTERS WHEREAS, the City of Seward, Alaska (the "City"), is a home rule city and under Section 11 of Article X of the Alaska Constitution may exercise all legislative power not prohibited by law or by the Charter of the City, and it has been determined that the matters set forth in this Resolution are not prohibited by law or the Charter; and WHEREAS, the City desires to lease certain equipment, described in Attachment A hereto (the "Equipment") from Associates Commercial Corporation (the "Lessor"), and the Lessor desires to lease the Equipment to the City; and WHEREAS, the City considers that the acquisition and leasing of the Equipment from the Lessor is in the best interest and will promote the public purpose of the City; and WHEREAS, there has been presented to the City the form of an Equipment LeaseIPurchase Agreement (the "Agreement") which the City proposes to enter into in connection with the leasing of the Equipment; and WHEREAS, it appears that the Agreement, which now is before the City, is in appropriate form and is an appropriate instrument for the purposes intended; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The leasing by the City of the Equipment from the Lessor under the Agreement is hereby approved. The aggregate principal component of rent payable under the Agreement shall not exceed $309,730 and said amount shall bear interest at a rate per annum not exceeding 5.44%. Section 2. The form and content of the Agreement hereby are in all respects authorized, approved and confirmed, and the City Manager and Deputy City Manager each hereby is authorized, empowered and directed to execute and deliver the Agreement to the counterparty for and on behalf of the City in substantially the form and content now before this meeting but with such changes, modifications, additions and deletions therein which shall to him seem necessary, desirable and appropriate, the execution thereof to constitute conclusive evidence of the approval of any and all changes, modifications, additions, or deletions therein from the form and content of the Agreement CITY OF SEWARD, ALASKA RESOLUTION NO. 96-011 now before this meeting, and from and after the execution and delivery of the Agreement, the City Manager, Deputy City Manager and the City Clerk each is hereby authorized, empowered and directed to do all such acts and things and to execute all documents as may be necessary to carry out and comply with the provisions of the Agreement as executed. Section 3. The City Manager, Deputy City Manager, City Clerk or any other person authorized by the City each hereby is authorized to execute and deliver for and on behalf of the City any and all additional certificates, documents, opinions or other papers and perform all other acts as they may deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. Section 4. The City covenants that it will not use any of the proceeds of the Agreement in such manner, or take or omit to take any other action in such manner, as to impair the exemption of the interest component or rent payable under the Agreement from federal income taxation. The City further covenants that no part of the gross proceeds of the Agreement or any other funds of the City shall at any time be used directly or indirectly to acquire securities or obligations, the acquisition of which would cause the Agreement to be or become an "arbitrage bond" as defined in Section 148 of the Internal Revenue Code of 1986 (the "Code"). The City shall not permit any of the proceeds of the Agreement, or any products purchased with such proceeds, to be used in any manner that would cause the Agreement to constitute a "private activity bond" within the meaning of Section 141 of the Code. Section 5. The provisions of this Resolution are hereby declared to be separable and, if any section, phrase or provision shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases or provisions. Section 6. Upon adoption of this Resolution, the Clerk of the City shall cause a true copy of same to be posted on the City Hall bulletin board and notice of the same to be published as provided in Seward City Code ~ 2.15.035(D). Section 7. This resolution shall become effective upon passage and approval in accordance with Seward City Code ~ 2.15.050(C). PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22nd day of January, 1996. THE CITY OF SEWARD, ALASKA , ~ ~ CITY OF SEWARD, ALASKA RESOLUTION NO. 96-011 AYES: NOES: ABSENT: ABSTAIN: Anderson, Bencardino, Crane, Deeter, Keil, King, Sieminski None None None ATTEST: (City: ~.i)If"" ~"\...\~~ Of S['!1~.d'~'"" " ,4., ....~....... ''9,'~ $' (i'...~.;?,rcr:>;...1" , ~ ~ ~ ..:*f~ I. ~~..,.\ ~ r-: : ,~. .....~. ~c (,I' ., -: ... : ~ .. ~;' po : it " $ itt :'~ ;... : .. - . .. . ~ , .' "'0 "':/;?'.,.'.';'.',. ~:;/ '... r;;;;..- .." .~_ '"- - . .. .~,'" ~, ATTACHMENT "A" EQUIPMENT OVERVIEW OF VEHICLE SPECIFICATIONS ENGINE: One (1) KME MFD 4x4 Renegade, Top Mount terminator pumping engine. Pump capacity is 1500 gallons per minute with a 750 gallon water tank. The vehicle will have an enclosed cab with seating for five (5) personnel. The vehicle will be powered by a Cummins model Mll-400E diesel engine and will have an Allison HD4060 automatic transmission. The vehicle will have additional equipment added to it to include: 1 set of 1500 watt telescoping lights 1 set of 500 watt telescoping lights 7.5 kw generator 24 ft extension ladder 14 ft roof ladder 10 ft folding ladder Akron deck gun with stack tips. Vehicle will be in compliance with federal regulations and national standards. RESCUE: One (1) KME Heavy Duty rescue unit on a Freightliner Model FL70 chassis. The engine in the unit will be a Cummings 300 hp diesel and the transmission will be an Allison MD3060PR automatic. The rescue "box" will be a walk-in type, measuring 18'6" long. The unit will have various outside accessible compartments as well as interior ones. The unit will be able to seat two to three in the cab (depends on the seat type) and four in the rescue body. The unit will have two entrance/exits from the rescue body; one curbside, the other at the rear of the unit. A special turnout clothing cabinet will be installed inside the rescue box.' Additional items installed on the vehicle include: 5 adjustable shelves SCBA cylinder rack 6-6000 psi DOT cascade system with a two cylinder fill station Vehicle will be in compliance with federal regulations.