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RESO 1991-02 - Fire Truck FinanceRESOLUTION NO. 91-2, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, RELATING TO LEASE WITH OPTION TO PURCHASE AGREEMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: Recitals and Authorization. The Issuer, as Lessee, has heretofore entered into a Lease with Option to Purchase Agreement dated as of January 21, 1991, (the Lease), with GE Capital Public Finance, Inc., as Lessor. It is hereby determined that it is necessary and desirable and in the best interests of the Issuer to enter into the Lease for the purposes of obtaining the Equipment shown on the Lease as Equipment A -, and the execution and delivery of the Lease by the Issuer and the financing of the acquisition of such Equipment Group are hereby approved, ratified and confirmed. SECTION 2: Designation as Qualified Tax - Exempt Obligation. Pursuant to the Internal Revenue Code of 1986 as amended (the Code), the Issuer hereby specifically designates the Lease and Equipment Group A- as a "qualified tax - exempt obligation" for purposes of Section 265 of the Code. The Issuer hereby represents that the Issuer (and any subordinate entities to or entities acting on behalf of the Issuer) will not designate more than $10,000,000 of obligations issued by the Issuer in the calendar year during which the Lease is executed and delivered as such "qualified tax - exempt obligations." SECTION 3: Issuance Limitation. The Issuer hereby represents that the Issuer (and any subordinate entities to or entities acting on behalf of the Issuer) reasonably anticipates not to issue in the calendar year during which the Lease is executed and delivered, obligations bearing interest exempt from federal income taxation under Section 103 of the Code (other than "private activity bonds" as defined in Section 141 of the Code) in an amount greater than $10,000,000. Executed this 22c(day of 1991. THE CITY OF HUNTSVILLE W. H. Hodges, Mayor ATTEST: th DeShaw, City Secretary APPROVED AS TO FORM: