HomeMy WebLinkAboutRes1989-022
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sponsored by: Rovle
CITY OF SEWARD, ALASKA
RESOLUTION NO. 89-022
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 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 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 Security Pacific Bank
Alaska, N.A. (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 purposes, of the City~ and
WHEREAS, there has been presented to the City the form of an
Equipment Lease/Purchase Agreement (the "Agreement") which the City
proposes to enter into in connection wi th 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 $210,000 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 Deputy 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
shall to them seem necessary, desirable and appropriate, the
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 89-022
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, Deputy City Manager
and the 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, Deputy city Manager and the
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
"qualified tax exempt obligation" in accordance with section
265(b)(3) of the Internal Revenue Code of 1986 (the "Code"). The
Ci ty further covenants that no part of the 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 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, as provided in Seward City Code section
2.15.035(d) .
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 89-022
section 7.
and approval
2.15.050(c) .
This resolution shall become effective upon passage
in accordance with Seward City Code section
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, this 13th day of March, 1989.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
THE CITY OF SEWARD, ALASKA
~C ,A'a--4
HARRY . GIESELER, MAYOR
GIESELER,
NONE
NONE
NONE
DUNHAM, HILTON, MEEHAN, NOLL, O'BRIEN, SIMUTIS
APPROVED AS TO FORM:
PERKINS COlE, Attorneys for
the City of Seward, Alaska
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(City Seal)
7~ Ilf' ~
Fred B. Arvidson
City Attorney
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RESOLUTION NO. 89-022
CITY OF SEWARD
Computer Hardware and Software Costs
Attachment "A"
Hamilton/ A vnet
DEC Hardware (per proposal). . . . . . . . . . . . . . . . . $73,269.00
AT&T UPS System. . . . . . . . . . . . . . . . . . . . . . . . . 1.745.00
Total Hamilton/Avnet. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$75,014.00
Timeline. Inc.
Software License. . . . . . . . . . . . . . . . . . . . . . . . . $69,187.00
Training/lnstallation/
Consulting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26,500.00
Timeline Travel. . . . . . . . . . . . . . . . . . . . . . . . . . .14,000.00
Data Conversion Costs. . . . . . . . . . . . . . . . . . . . . . . 6,000.00
Operating Software Installation. . . . . . . . . . . . . . . . . . 2.500.00
Total Timeline, Inc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .118,187.00
Other
City Travel & Training. . . . . . . . . . . . . . . . . . . . . . . . " ......... 14.346.00
TOTAL COSTS TOBEFINANCED. . .., ... .,. .., ., . ..... .., .$207.547.00
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RESOLUTION NO. 89-022
CITY OF SEWARD
Computer Hardware and Software Costs
Attachment "B"
Hamilton! A vnet
Freight (Est). . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,000.00
Misc. Cable (Est). . . . . . . . . . . . . . . . . . . . . . . . . . . .100.00
Total Hamilton/Avnet. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,100.00
Timeline. Inc.
Maintenance Agreement (1 yr). . . . . . . . . . . . . . . . . $14,750.00
Total Timeline, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14,750.00
Other
Extra Labor Costs (Est). . . . . . . . . . . . . . . . . . . . . $ 10,000.00
Phone Modem (Est). . . . . . . . . . . . . . . . . . . . . . . . . . 500.00
New Cash Drawer. . . . . . . . . . . . . . . . . . . . . . . . . . . 500.00
Total Other Costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . 11,000.00
TOTAL COSTS NOT FINANCED. . . . . . . . . . . . . . . . . . . . . . . . . . . .$26.850.00