RESOLUTION #20-07

 

 

AUTHORIZING AN EQUIPMENT LEASE/PURCHASE AGREEMENT IN THE PRINCIPAL AMOUNT OF NOT EXCEEDING $1,300,000 RELATING TO THE FINANCING OF VARIOUS EQUIPMENT FOR PUBLIC PURPOSES; AUTHORIZING THE EXECUTION AND DELIVERY OF VARIOUS DOCUMENTS INCLUDING AN EQUIPMENT LEASE/PURCHASE AGREEMENT; AND OTHER MATTERS RELATING THERETO.

 

            BE IT RESOLVED BY THE COUNTY COUNCIL OF NEWBERRY COUNTY, SOUTH CAROLINA, AS FOLLOWS:

 

            Section 1.  The County Council (the “Council”) of Newberry County, South Carolina (the “County”), as lessee, hereby finds and determines that:

 

                    (a)            the County is a body corporate and politic and a political subdivision of the State of South Carolina and, as such, possesses all powers granted to political subdivisions by the Constitution and general laws of this State;

 

                    (b)            the County desires to enter into an equipment lease/purchase agreement (the “Lease”) with a bank or leasing company for the purpose of financing the purchase of various equipment more fully described on Exhibit A attached hereto; and

 

                    (c)            the payments by the County under the Lease will be subject to annual appropriation by the Council.

 

            Section 2.  The Council hereby authorizes the County Administrator to negotiate the terms of the Lease with one or more banks or leasing companies selected by the County Administrator; provided, however that the term of the Lease does not exceed five (5) years from the date of closing and the interest rate does not exceed six percent (6%) per annum, without further action required of Council.

 

            Section 3.  The Council hereby authorizes the Chairman of the County Council to execute and deliver the Lease and the Clerk to County Council to attest the same.  The Council hereby further authorizes the Chairman of the County Council, the County Administrator, the Finance Director, the Clerk to County Council, and the County Attorney, acting jointly or individually, to execute and deliver such other documents and instruments as necessary to effect the execution and delivery of the Lease.

 

            Section 4.  The Lease will be designated as a “qualified tax-exempt obligation” within the meaning of and for purposes of Section 265(b) of the Internal Revenue Code of 1986, as amended, provided the Lease is executed in calendar year 2007.

 


            Done in meeting duly assembled this 5th day of September, 2007.

 

 

                                                                        NEWBERRY COUNTY, SOUTH CAROLINA

 

 

                                                                                                                                               

                                                                        Henry B. Summer, Chairman of County Council

                                                                        Newberry County, South Carolina

 

 

ATTEST:

 

 

                                                                       

Susan C. Fellers, Clerk to County Council

Newberry County, South Carolina

 


EXHIBIT A

 

 

Equipment List

 

 

Department

 

Description

 

Quantity

 

Animal Control

Vehicle

 

1

Newberry Rescue Squad

Defibrillator/Monitor

1

 

Service Truck

 

1

Whitmire Rescue Squad

Generator

 

1

Prosperity Rescue Squad

Extrication tools

 

1

Haz Mat

Vehicle

 

1

Collections

Forklift

 

1

Hospital

Ambulances

 

2

Public Works

Slope Mowers

2

 

Motor Grader

1

 

Backhoes

2

 

Tri Axle Dump Truck

1

 

Farm Tractor

1

 

 

 


STATE OF SOUTH CAROLINA     )

                                                            )              CERTIFIED COPY OF RESOLUTION

COUNTY OF NEWBERRY             )

 

 

            I, the undersigned, being the duly qualified and acting Clerk to County Council (the “County Council”) of Newberry County, South Carolina, do hereby certify that attached hereto is a copy of the Resolution adopted by the County Council at a meeting duly called and held on September 5, 2007, at which a quorum was present and acting throughout, which Resolution has been compared by me with the original thereof, and that such copy is a true, correct and complete copy thereof, and that such Resolution has been duly adopted and has not been modified, amended or repealed and is in full force and effect on and as of the date hereof in the form attached hereto.

 

            In witness whereof, I have hereunto set my hand this 5th day of September, 2007.

 

 

                                                                        NEWBERRY COUNTY, SOUTH CAROLINA

 

 

                                                                                                                                               

                                                                        Clerk to County Council