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HomeMy WebLinkAbout2002-05-06 1463 TOWN OF DANBY TOWN BOARD MINUTES SPECIAL MEETING MAY 6 , 2002 PRESENT : Supervisor Rick Dietrich Councilpersons : Joel Gagnon, Norbert Nolte, Naomi Strichartz, Gladys Varona-Lacey Others Present : Carol W . Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Members of the Public : Eileen Wright, Willard Ticknor Daetsch, Brian Eden Following the regularly scheduled Town Board Agenda Meeting A special meeting of the Board was called to approve a Lease Agreement for the purchase a highway truck . Supervisor Rick Dietrich called the meeting to order at 9 : 25 p . m. The following Resolution No . 36 of 2002 was introduced and adopted. RESOLUTION NO. 36 OF 2002 RESOLUTION OF GOVERNING BODY LESSEE : TOWN OF DANBY (for Highway Truck) By : Councilperson Nolte Seconded by : Councilperson Strichartz RESOLVED, WHEREAS, the Town Board of the Town of Danby has determined that a true and very real need exists for the acquisition of the Equipment described in the Lease Purchase Agreement No . S794 (the "Agreement") presented to this meeting ; and WHEREAS, the Town Board of the Town of Danby has taken the necessary steps , including any legal bidding requirements, under applicable law to arrange for the acquisition of such Equipment, WHEREAS, the Town Board of the Town of Danby hereby directs its legal counsel to review the Agreement and negotiate appropriate modifications to said Agreement so as to assure compliance with state law and local statutory law, prior to execution of the Agreement by that person so authorized by the governing body for such purpose , BE IT RESOLVED, by the Town Board of the Town of Danby that : Finding : Authorized Officers . The terms of said Agreement are in the best interests of the Town of Danby for the acquisition of such Equipment, and the Town Board of the Town of Danby designates and confirms the Supervisor of the Town of Danby to execute and deliver the Agreement and any related documents necessary to the consummation of the transactions contemplated by the Agreement. RESOLVED, the acquisition of the Equipment, under the terms and conditions provided for in the Agreement, is necessary, convenient, in the furtherance of, and will at all times be used in connection with, the Town of Danby ' s governmental and proprietary purposes and functions and are in the best interests of the Town of Danby, and no portion of the Equipment will be used directly or indirectly in any trade or business carried on by any person other than a governmental unit of the State on a basis different from the general public . RESOLVED, that the Town of Danby certifies that it has not issued or effected the issuance of, and reasonably anticipates that it shall not issue or effect the issuance of , more than ten million dollars ($ 10 ,000 , 000) of tax-exempt obligations during the 2002 calendar year and hereby designated the lease of the Equipment to which the Agreement pertains as a "qualified tax-exempt obligation," as defined by Section 265 (b)(3 ) of the Internal Revenue Code of 1986 , as amended. 1464 RESOLVED, the Town of Danby covenants that it will perform all acts within its power which are or may be necessary to insure the maintenance of its legal status as being a duly organized and existing entity under the laws of the State, which status is the basis for the interest portion of the rental payments coming due under the Agreement to at all times remain exempt from federal income taxation under the laws and regulations of the United States of America as presently enacted and construed or as hereafter amended. A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously ADJOURNMENT : On a motion the meeting adjourned at 9 : 35 p . m . / i ittA" .49 ./. _„..., ' Carol W . Sczepan i, ' own Clerk min-5 -6 . 02 I