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HomeMy WebLinkAboutRES 1993-32 - Board W k`"SO L U T 10 N N 0:,.: i 3 3 2 ... 0 F`T HE T.......... ........ ......... ........ F �I CKEE ONNE ....... R..PUBLICUTILITY�,..... DIS:TRtGT ...... ............. ... .............. ....... APPRQVING REFINANCING OF EQUIPMENT WHEREAS, the Board of Directors of the Truckee Donner Public Utility District has determined that a true and very real need exists for the refinancing of the equipment described in the Master Municipal Lease and Option Agreement No. 909 presented at this meeting; and WHEREAS, the Board of Directors has taken the necessary steps, including legal requirements, under applicable law to arrange for the refinancing of such equipment, and WHEREAS, the Board hereby directs its legal counsel to review the agreement and negotiate appropriate modifications to said agreementso as to assure compliance with state law and local statutory law, prior to execution of the agreement by those persons so authorized by the governing body for such purpose; NOW, THEREFORE, BE /T RESOLVED by the Board of Directors as follows: 1. That a finding is made that the terms of said agreement are in the best interests of the District for the acquisition of such equipment and the Board designates and confirms the General Manager and/or Acting General Manager and Deputy District Clerk, and to witness (or attest) respectively, the agreement and any related documents necessary to the consummation of the transactions contemplated by the agreement. 2. That the refinancing 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 District's governmental and proprietary purposes and functions (except to the extent that subleasing of the equipment is permitted under terms of the agreement) and are in the best interests of the District 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. 3. The District hereby covenants that it will perform all acts within its power which are or may be necessary to insure that the interest portion of the rental payments coming due under the agreement will 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. PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the District on the 21st day of June 1993 by the following roll call vote: A YES: Corbett, Jones, Maass and Aguera. NOES: Sutton. ABSENT.• None. TRUCKEE DONNER PUBLIC UTILITY DISTRICT By J s Zh ' . Aguera, rid6nt ATTEST•/ Susan M. Craig, Deputy Dis ct Clerk smc