HomeMy WebLinkAbout2004-02
• Adopted: January 6, 2004
Effective: January 6, 2004
RESOLUTION 2004-02
VERIZON LEASE
C~
EXHIBIT 2
~TO LEASE SCHEDULE No. 01
• FORM OF AUTHORIZING RESOLUTION
A RESOLUTION OF THE GOVERNING BODY OF TOWN OF PULASKI
AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER EQUIPMENT
LEASE-PURCHASE AGREEMENT AND SEPARATE LEASE SCHEDULES AND
CERTIFICATES OF ACCEPTANCE WITH RESPECT TO THE ACQUISITION,
PURCHASE, FINANCING AND LEASING OF CERTAIN EQUIPMENT FOR THE
PUBLIC BENEFIT; AUTHORIZING THE EXECUTION AND DELIVERY OF
DOCUMENTS REQUIRED IN CONNECTION THEREWITH; AND AUTHORIZING
THE TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION
OF THE TRANSACTIONS CONTEMPLASTED BY THIS RESOLUTION.
WHEREAS, Town of Pulaski (the "Lessee'), a body politic and corporate duly organized and existing
as a political subdivision municipal corporation or similar public entity of the State of Via is authorized by the
laws of the State of Virginia to purchase, acquire and lease personal property for the benefit of the Lessee and its
inhabitants and to enter into contracts with respect thereto; and
WHEREAS, the Lessee desires to purchase, acquire and lease certain equipment (including maintenance
and other support service agreements) constituting personal property necessary for the Lessee to perform essential
governmental functions; and
WHEREAS, in order to acquire such equipment, the Lessee proposes to enter into that certain Master
Equipment Lease-Purchase Agreement (the `Agreement') and separate Lease Schedules and Certificates of
Acceptance relating thereto from time to time as provided in the Agreement with Verizon Credit Inc. (the
"lessor'), the form of which has been presented to the governing body of the Lessee at this meeting and
• WHEREAS, the governing body of the Lessee deems it for the benefit of the Lessee and for the efficient
and effective administration thereof to enter into the Agreement and the separate Lease Schedules and Certificates of
Acceptance relating thereto as provided in the Agreement for the purchase, acquisition and leasing of the equipment
to be therein described on the terms and conditions therein provided;
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the governing body of
Town of Pulaski as follows:
Section 1. Approval of Documents. The form, terms and provisions of the Agreement and the separate
Lease Schedules and Certificates of Acceptance relating thereto as provided in the Agreement are hereby
approved in substantially the forms presented at this meeting, with such insertions, omissions and changes as shall
be approved by the Town Manager of the Lessee or other members of the governing body of the Lessee executing
the same, the execution of such documents being conclusive evidence of such approval; and the Town Manager of
the Lessee is hereby authorized and directed to execute the Agreement, each Lease Schedule, each Certificate of
Acceptance and any related Exhibits and Attachments attached to any thereof and to deliver the Agreement each
Lease Schedule and each Certificate of Acceptance (including such Exhibits and Attachments) to the respective
parties thereto.
Section 2.Other Actions Authorized. The officers and employees of the Lessee shall take all action
necessary or reasonably required by the parties to the Agreement, each Lease Schedule and each Certificate of
Acceptance to carry out, give effect to and consummate the transactions contemplated thereby (including the
execution and delivery of any tax certificate and agreement, each with respect to separate Lease Schedules and
Certificates of Acceptance, as contemplated in the Agreement) and to take all action necessary in conformity
therewith, including without limitation, the execution and delivery of any closing and other documents required to
be delivered in connection with the Agreement, each Lease Schedule and each Certificate of Acceptance.
• Section 3. No General Liability. Nothing contained in this Resolution, the Agreement, any Lease
Schedule, any Certificate of Acceptance nor any other instrument shall be construed with respect to the Lessee as
incumng a pecuniary liability or charge upon the general credit of the Lessee or against its taxing power, nor shall
the breach of any agreement contained in this Resolution, the Agreement, any Lease Schedule, any Certificate of
Acceptance or any other instrument or document executed in connection therewith impose any pecuniary liability
upon the Lessee or any charge upon its general credit or against its taxing power, except to the extent that the
Rental Payments payable under each Lease are special limited obligations of the Lessee as provided in such
Lease.
• Section 4. Appointment of Authorized Lessee Representatives. The Town Manaeer and Commuter
Technician of the Lessee are each hereby designated to act as authorized representatives of the Lessee for purposes
of the Agreement, each Lease Schedule and each Certificate of Acceptance until such time as the governing body of
the Lessee shall designate any other or different authorized representative for purposes of the Agreement, each
Lease Schedule and each Certificate of Acceptance, in which event the Lessee shall notify the Lessor in writing of
any new authorized representatives designated as herein provided.
Section S. Severability. If any section, paragraph, clause or provision of this Resolution shall for any
reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or
provision shall not affect any of the remaining provisions of this Resolution.
Section b. Repealer. All bylaws, orders and resolutions or parts thereof inconsistent herewith, are
hereby repealed to the extent only of such inconsistency. This repealer shall not be construed as reviving any bylaw,
order, resolution or ordinance or part thereof.
adoption.
Section 7. E, ffective Date. This Resolution shall be effective immediately upon its approval and
ADOPTED AND APPROVED by the governing body of the Lessee this . tt ~ day of
~. .nnu Z~ 4L(
LESSEE: Town of Pulaski
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By:
Printed Na e: .~?~sh-/ -~'• /~%~w/~
Title• ~sL~ ~~~ t~T
ATTEST:
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Printed Name: - ~ S
Title: L~2k o~ ,o ~z,., c_.t~
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Attorney
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