HomeMy WebLinkAboutResolution No. 2017-05 RESOLUTION NO. R2017-05
A RESOLUTION AUTHORIZING THE MAYOR TO
EXECUTE FINANCING DOCUMENTS WITH BRANCH
BANDING AND TRUST COMPANY FOR THE ACQUISITION
OF COMMUNICATIONS EQUIPMENT AND RELATED
MATTERS.
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WHEREAS, The City of Friendswood, Texas (the "City") has previously determined to
undertake a project for the purchase of portable and multi-band radios, the Director of
Administrative Services has now presented a proposal for the financing of such Project.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS:
Section 1. The City hereby determines to finance the Project through Branch
Banking and Trust Company ("BB&T"), in accordance with the proposal dated December 21,
2016, as amended. The amount financed shall not exceed $365,000.00, the annual interest rate
(in the absence of default or change in tax status) shall not exceed 1.85% and the financing term
shall not exceed four(4)years from closing.
Section 2. All financing contracts and all related documents for the closing of the
financing (the "Financing Documents") shall be consistent with the foregoing terms. All officers
and employees of the City are hereby authorized and directed to execute and deliver any
Financing Documents, and to take all such further action as they may consider necessary or
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desirable, to carry out the financing of the Project as contemplated by the proposal and this
resolution. The Financing Documents shall include a Lease Purchase Agreement and a Project
Fund Agreement as BB&T may request.
Section 3. The Director of Administrative Services is hereby authorized and directed
to hold executed copies of the Financing Documents until the conditions for the delivery of the
Financing Documents have been completed to such officer's satisfaction. The director of
administrative services is authorized to approve changes to any Financing Documents previously
signed by City officers or employees, provided that such changes shall not substantially alter the
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intent of such documents or certificates from the intent expressed in the forms executed by such
officers. The Financing Documents shall be in such final forms as the director of administrative
services shall approve, with the Director of Administrative Services's release of any Financing
Document for delivery constituting conclusive evidence of such officer's final approval of the
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Document's final form.
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Section 4. The City shall not take or omit to take any action the taking or omission of
which shall cause its interest payments on this financing to be includable in the gross income for
federal income tax purposes of the registered owners of the interest payment obligations. The
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City hereby designates its obligations to make principal and interest payments under the
Financing Documents as "qualified tax-exempt obligations" for the purpose of Internal Revenue
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Code Section 265(b)(3).
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Section 5. The City intends that the adoption of this resolution will be a declaration
of the City's official intent to reimburse expenditures for the project that is to be financed from
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the proceeds of the BB&T financing described above. The City intends that funds that have been
advanced, or that may be advanced, from the City's general fund or any other City fund related r
to the project, for project costs may be reimbursed from the financing proceeds.
Section 6. All prior actions of City officers in furtherance of the purposes of this
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resolution are hereby ratified, approved and confirmed. All other resolutions (or parts thereof) in
conflict with this resolution are hereby repealed, to the extent of the conflict. This resolution
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shall take effect immediately.
PASSED,APPROVED,AND RESOLVED this the 6th day of February,2017.
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Kevin h. Holland
Mayo
ATTEST:
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Melinda Welsh, TRMC ® r
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City Secretary >,'• •
CO
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