12 - FINANCING PURCHASE OF FIRE TRUCKItem No. 12
memorandum
TO: City Council
John Godwin, City Manager
FROM: Gene Anderson, Finance Director
SUBJECT: FINANCING PURCHASE OF FIRE TRUCK
DATE: January 13, 2016
BACKGROUND: The Fire Department is in the process of replacing vehicles that have reached
the end of their useful service. In 2014 the City Council approved a lease agreement to purchase
a Pierce Dash CF PUC Pumper truck at a cost of $617,114. Annual payments on this vehicle are
72,352.77 bringing the total cost including financing to $723,527.75.
STATUS OF ISSUE: The Fire Department would like to place an order for a new Pierce Dash
CF Aerial, HA ladder truck this month. Delivery is expected to be approximately one year from
the order date.
BUDGET: The cost of this vehicle is expected to be $975,185. Financing will be done through
Liberty National Bank for a ten year period at an interest rate of 3.00 %. The annual payments on
this vehicle would be $114,337.15 bringing the total cost including financing to $1,143,371.50.
This resolution authorizes the City Manager to sign all documents necessary to facilitate
acquisition of the vehicle.
RECOMMENDATION: Motion to approve the resolution and authorizing the Mayor and City
Manager to sign necessary documents to finance and acquire a new fire truck.
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF
AN EQUIPMENT LEASE/PURCHASE AGREEMENT WITH RESPECT
TO THE ACQUISITION, PURCHASE, FINANCING AND LEASING OF A
FIRE TRUCK; 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 CONTEMPLATED
BY THIS RESOLUTION.
WHEREAS, the City of Paris, Texas (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 Texas, is authorized by the laws of the State of Texas 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 with a
cost not to exceed $1,000,000 constituting personal property necessary for the Lessee to perform
essential governmental functions (the "Equipment "); and
WHEREAS, in order to acquire such equipment, the Lessee proposes to enter into that
certain Municipal Lease Agreement (the "Agreement") with Liberty National Bank (or one of its
affiliates)(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
documentation relating to the financing of the Equipment 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 CITY COUNCIL OF THE
CITY OF PARIS, TEXAS AS FOLLOWS:
Section 1. Approval of Documents. The form, terms and provisions of 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 Mayor 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 Mayor of the Lessee is hereby authorized and
directed to execute, and the City Clerk of the Lessee is hereby authorized and directed to attest
and countersign, the Agreement and any related Exhibits attached thereto and to deliver the
Agreement (including such Exhibits) to the respective parties thereto, and the Mayor and City
Clerk of the Lessee are hereby authorized to affix the seal of the Lessee to such documents.
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 to carry out, give
effect to and consummate the transactions contemplated thereby (including the execution and
delivery of Acceptance Certificates and any tax certificate, tax return or other agreement, 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.
Section 3. No General Liability. Nothing contained in this Resolution, the Agreement
nor any other instrument shall be construed with respect to the Lessee as incurring 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 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
amounts payable under the Agreement are special limited obligations of the Lessee as provided
in the Agreement.
Section 4. Appointment of Authorized Lessee Representatives. The Mayor and the
City Manager of the Lessee are each hereby designated to act as authorized representatives of the
Lessee for purposes of the Agreement until such time as the governing body of the Lessee shall
designate any other or different authorized representative for purposes of the Agreement.
Section 5. 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 6. 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.
Section 7. Effective Date. This Resolution shall be effective immediately upon its
approval and adoption.
Section 8. Designation as Qualified Tax - Exempt Obligations. The Lessee hereby
designates the Agreement as a "qualified tax - exempt obligation" as defined in section 265(b)(3)
of the Internal Revenue Code of 1986, as amended (the "Code "). In furtherance of such
designation, the Lessee represents, covenants and warrants the following: (a) that during the
current calendar year the Lessee (including any subordinate entities) has not designated nor will
designate tax - exempt obligations, which when aggregated with the Agreement, will result in
more than $10,000,000 of "qualified tax - exempt obligations" being issued; (b) that the Lessee
reasonably anticipates that the amount of tax - exempt obligations issued during the current
calendar year by the Lessee (or any subordinate entities) will not exceed $10,000,000; and, (c)
that the Lessee will take such action or refrain from such action as necessary, and as more
particularly set forth in Article II of the Agreement, in order that the Agreement will not be
considered a "private activity bond" within the meaning of section 141 of the Code.
PASSED AND APPROVED this 25th day of January, 2016.
A.J. Hashmi, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, Interim City Attorney