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HomeMy WebLinkAboutRes1990-026 . . . Sponsored by: Schaefermever CITY OF SEWARD, ALASKA RESOLUTION NO. 90-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE $207,547 EQUIPMENT LEASE/PURCHASE AGREEMENT BY AND BETWEEN THE CITY AND SECURITY PACIFIC BANK ALASKA, N.A.; 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 Constit- ution 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, described in Pacific Bank to lease the the City desires to lease certain equipment, Attachment A hereto (the "Equipment") from Security Alaska, N.A. (the "Lessor"), and the Lessor desires 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 Amendment to the $207,547 Equipment Lease/Purchase Agreement dated as of March 1, 1989 by and between the City and the Lessor ("the Amendment") 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 Equipment Lease/Pur- chase Agreement, as amended, shall not exceed $222,000.00 and said amount shall bear interest at a rate per annum not exceeding 8.25%. Section 2. The form and content of the Agreement be and the same hereby are in all respects authorized, approved and confirmed, and the Mayor, City Manager and Assistant City Manager be and each hereby is authorized, empowered and directed to execute and deliver said document 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 as -1- . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 90-026 shall to them 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 said document now before this meeting, and that, from and after the execution and delivery of the said document, the Mayor , City Manager, Assistant Ci ty Manager, City Clerk and Acting City Clerk of the City are 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 document as executed. Section 3. The Mayor, City Manager, Assistant City Manager, City Clerk and Acting Clerk of the City or any other person authorized by the City be and 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 of rent payable under the Agreement from federal income taxation. The Agreement is hereby designated as a "qualifi- ed tax exempt obligation" in accordance with Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code") and the City hereby covenants that it shall not issue during the calendar year 1990 more than $10,000,000.00 in aggregate principal amount of tax-exempt obligations described in Section 265 (b)(3)(c)(ii) 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 or Acting Clerk of the City shall cause a true copy of same to be posted on the City Hall bulletin board as provided in Seward City Code Section 2.15.035(d). Section 7. This Resolution shall become effective upon passage and approval in accordance with Seward City Code section 2.15.050(c). PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 27th day of March, 1990. -2- . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 90-026 AYES: NOES: ABSENT: ABSTAIN: ATTEST: THE CITY OF SEWARD, ALASKA Mayor Burgess, Hilton, Meehan, Noll, Sieminski, Simutis None Dunham None APPROVED AS TO FORM: PERKINS COlE, Attorneys for the City of Seward, Alaska vc&~~~-~~ Patricia J. Jones Acting City Clerk (City Seal) 7~ 111 ~ Fred B. Arv~dson City Attorney -3- . . . ATTACHMENT A Recommend the following purchases: From __n Hamilton / A vnet 2 VT320-CA Dee Amber Terminals @ 455.00 2 26204 Codex 2320 Modem/Multiplex combo @2,325.00 4 Cables/term to MUX (2) MUX to term (2) @ 50.00 2 Serial printer cables to DEC term @ 50.00 1 Emulex EMS-760 MB Hard-drive & installation w/controller (6200, w/o install) $ 910.00 $4650.00 $ 200.00 $ 100.00 $ 7000.00 Estimated Shipping $ 200.00 (see enclosed proposal (CPS-70-591) From ---- Jade Computers 1 Tripp 750 watt UPS $ 499.95 Shipping $ 50.00 From n__ Computer Discount Supply 1 Epson LQ1050 Printer $ 648.00 1 Epson LQ850 Printer $ 469.00 Shipping $ 70.00 . . . From ---- General Telephone 1 Line installation (est) Costs: From __n TimeLine 1 Memo Billing System 2 On-site setup and training Other miscellaneous costs: $63.75 for line $67.00 per hour to install $ 4.95 per jack $ .05 per foot wire TOTAL EST: $ 300.00 $Nl).OO $10000.00 Subtotal $12500.00 Back-up tapes for new hard drive (est) $ 300.00