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19970923 r-97-41RESOLUTION NO. R-97-41 A RESOLUTION AMENDING AND EXTENDING THE AUTHORIZATION FOR THE ENTRY INTO A MASTER EQUIPMENT LEASE/PURCHASE AGREEMENT FOR THE ACQUISITION OF CERTAIN PERSONAL PROPERTY WHEREAS, the City of Fairfax, Virginia (the "City") has determined that a true and very real need exists for the acquisition of buses for its CUE bus system and of computer hardware and comprehensive software for City functions including, without limitation, financial management, utility billing and collection, tax administration, cashiering, inventory management, business license administration and meals tax processing (collectively, the "Equipment"); and WHEREAS, the City has determined, after review and consultation, that the acquisition of the Equipment pursuant to a lease/purchase transaction, whereby the various items of Equipment can be financed is in the best interests of the City; and WHEREAS, to this end, the City has entered into a Master Equipment Lease/Purchase Agreement with Signet Leasing and Financial Corporation to finance the purchase of the foregoing Equipment ("Agreement"), which Agreement is substantially in the form presented to the City Council on October 8, 1996 at which time the City by Resolution No. R-96-46A authorized the transaction; and WHEREAS, because of the delay of closing and because the transaction will be an escrow transaction this additional authorization is necessary; and WHEREAS, the City reasonably expects that it will not issue more than Ten Million Dollars ($10,000,000) of tax-exempt obligations during the 1997 calendar year; NOW, THEREFORE, BE IT RESOLVED by the City that the City hereby determines that it is necessary and desirable and in the best interests of the City to enter into the Agreement and ratifies the action previously taken to do so; and BE IT FURTHER RESOLVED that the City intends that the Agreement be a "qualified tax-exempt obligation" pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code"); and BE IT FURTHER RESOLVED that the City ratifies the execution by the Mayor of the City and the Director of Finance for the City of the Agreement and any related documents necessary to the consummation of the transaction on behalf of the City. ADOPTED this 23rd day of September, 1997. ATTEST: (~~'Mayo~ R-97-41 -2 The undersigned further certifies that the foregoing Resolution has not been repealed or amended and remains in full force and effect and further certifies that the foregoing and the Equipment Lease/Purchase Agreement is the same as presented at the meeting of the City of the City of Fairfax. C~y of Fairfax, Virginia Councilman Coughlan Councilman Greenfield Councilwoman Lyman Councilman Mershon Councilman Rasmussen Councilman Silverthorne Vote Aye Aye Aye Absent Aye Aye