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1994-04927-Resolution No. 94-003 Recorded 2/3/19944 94-0'92"7 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES REVIEWED TLWC0_UNSEL COUNTY, OREGON A Resolution Authorizing the * �I` Execution and Delivery of * _ Agreements for the Lease Purchase * of a Computer and Software in the Principal Amount of $783,598.63. RESOLUTION NO. 94-003 0128-1541 WHEREAS, minutes of a meeting of the Board of County Commissioners (Board) of Deschutes County, Oregon, a political subdivision of the State of Oregon (County), held at the Juvenile Justice Building on the 10th day of January, 1994, pursuant to legal call therefor according to law; and WHEREAS, there was present a quorum of the duly elected and qualified Board of Commissioners; and WHEREAS, it appearing to the Board that it is desirable for the County to acquire through lease purchase a computer system and software; and WHEREAS, it appearing the Board that it has the authority to enter into such Agreement pursuant to ORS 279.101; and WHEREAS., the County has authority to enter into the Agreement and to perform the actions contemplated by the Agreement; and WHEREAS, the following resolution, upon motion duly made and seconded was unanimously adopted; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. That the County enter into a Municipal Lease Purchase Agreement plus all schedules, exhibits and attachments thereto, with United States National Bank of Oregon, as Lessor (Lessor) and this County as Lessee covering the lease of computer system, software, installation and incidental costs (Project). Said agreement being dated the 14th day of January, 1994, calling for rental amounts not exceeding in the aggregate $783,398.63, plus interest at the rate of 5.38% per annum, such agreement transacted under the provisions of ORS 279.101, and such agreement containing a provision indemnifying the Lessor against loss and expense incurred as a result of interest income from the Lease becoming taxable, or incurred as a result of the exclusion of any portion of interest paid by Lessor which is currently deductible. Section 2. That any one of the following persons Nancy Pope Schlangen, Chair, and Michael A. Maier, Director of Administrative Services, are authorized and empowered in the name of this corporation to execute and deliver to the Lessor the above-described Municipal Lease Purchase Agreement together with all exhibits, sc edules and PAGE 1 - RESOLUTION NO. 94-003 (1/10/94) t -41994 0128-1542 attachments, and to take any other actions necessary to secure appropriate financing for the Project. Section 3. That this resolution shall constitute a continuing authority to the designated person or persons to act on behalf of the County, and the powers and authority granted herein shall continue until revoked by the County, and formal written notice of such revocation shall have been given to the Lessor. Section 4. That the County covenants as follows regarding any federal tax legislation which may apply to this Lease: the Lease is not a private activity lease; the County does not reasonably expect to issue tax exempt obligations exceeding $10 million during the calendar year; the County designates the Lease as a qualified tax-exempt obligation for purposes of the deduction for interest expense by financial institutions. Section 5. That the Board of Commissioners by and hereby is authorized and directed to deliver to Lessor a duplicate original of this resolution. Section 6. This certifies, that the undersigned is the Board of Commissioners of the above named municipal corporation; that the foregoing is a full, true and correct copy of this resolution unanimously passed by the Board thereof at a meeting of said Board held on the day and the place above specified, legally called and held, at which a quorum was present and voting. Section 7. I further certify that these are the specimen signatures of those persons authorized to enter into this transaction on behalf of the corporation. DATED this 10th day of January, 1994, 7),t&, Recording Secretary APPROVED: MICHAEL A. MAIER Director of Administrative Services BO D OF COUNTY COMMISSIONERS OFDESCHUTESF COUNTY, O#EGON Y P0rJ 1SC"VMGEN, C THROOPL Commissioner BARRY H. SLAUGHTER, Commissioner PAGE 2 - RESOLUTION NO. 94-003 (1/10/94)