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HomeMy WebLinkAbout09-51 - Authorize Sole Source Purchase for Tractor Drawn Aerial Ladder Truck (TDA)RESOLUTION NO. 09- 51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO AUTHORIZE A SOLE SOURCE PURCHASE TRACTOR DRAWN AERIAL LADDER TRUCK (TDA). THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: Municipality/Lessee: City of Costa Mesa Principal Amount Expected To Be Financed: $1,150,000.00 WHEREAS, the City of Costa Mesa ("City") is a municipal corporation of California and is duly organized and existing pursuant to the Constitution and laws of the State. WHEREAS, pursuant to applicable law, the City is authorized to acquire, dispose — of and encumber real and personal property, including, without limitation, rights and L interest in property, leases and easements necessary to the functions or operations of the Municipality. WHEREAS, the City hereby finds and determines that the execution of one or more Master Lease -Purchase Agreements ("Leases") in the principal amount not exceeding the amount stated above for the purpose of acquiring the property ("Equipment") to be described in the Leases is appropriate and necessary to the functions and operations of the Municipality. WHEREAS, Oshkosh Capital ("Lessor") shall act as Lessor under said Leases. NOW, THEREFORE, Be It Ordained by the City: 1. Either one of Mike Morgan, Fire Chief OR Marc Puckett, Director of Finance (each an "Authorized Representative") acting on behalf of the City, is hereby authorized to negotiate, enter into, execute, and deliver one or more Leases in substantially the form set forth in the document presently before the City, which document is available for public inspection at the office of the Municipality. Each Authorized Representative acting on behalf of the City is hereby authorized to negotiate, enter into, execute, and deliver such other documents relating to the Lease as the Authorized Representative deems necessary and appropriate. All other related contracts and agreements necessary and incidental to the Leases are hereby authorized. 2. By a written instrument signed by any Authorized Representative, said Authorized Representative may designate specifically identified officers or employees of the City to execute and deliver agreements and documents relating to the Leases on behalf of the City. 3. The aggregate original principal amount of the Leases shall not exceed the amount stated above and shall bear interest as set forth in the Leases and the Leases shall contain such options to purchase by the City as set forth therein. 4. The Municipality's obligations under the Leases shall be subject to annual appropriation or renewal by the City as set forth in each Lease and the City's obligations under the Leases shall not constitute general obligations of the City or indebtedness under the Constitution or laws of the State. 5. As to each Lease, the Municipality reasonably anticipates to issue not more than $10,000,000 of tax-exempt obligations (other than "privateactivity bonds" which are not "qualified 501 © (3) bonds") during the fiscal year in which each such Lease is issued and hereby designates each Lease as a qualified tax-exempt obligation for purposes of Section 265(b) of the Internal Revenue Code of 1986, as amended. 6. This resolution shall take effect immediately upon its adoption and approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Costa Mesa hereby approves that the Fire Department purchase a 100" Tractor Drawn Aerial Ladder Truck from South Coast Fire Equipment, Inc. PASSED AND ADOPTED this 21St day of July, 2009. ATTEST: J41,1e Folcik, City Clerk Allan R. Mansoor, Mayor APPROVED AS TO FORM: 2 Kimberly Hall Barlow, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 09-51 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 21St day of July, 2009, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: MANSOOR, LEECE, BEVER, FOLEY, MONAHAN NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 22nd day of July, 2009. juLIE FOLCI , CITY CLERK (SEAL)