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Martin O'Malley, Governor
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Cumberland
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NECESSARY OR DESIRABLE TO CONSUMMATE THE TRANSACTIONS
CONTEMPLATED BY A CAPITAL LEASE; PROVIDING THAT THE CITY MAY
APPROVE, AUTHORIZE OR PROVIDE FOR THE ACQUISITION OF ANY
PROPERTY OR A CAPITAL LEASE CONTEMPLATED BY CHARTER SECTION
82B BY ORDINANCE AND/OR RESOLUTION, WHICH ORDINANCE OR
RESOLUTION MAY DELEGATE TO AN APPROPRIATE OFFICIAL OR
OFFICIALS THE AUTHORITY TO NEGOTIATE, APPROVE, EXECUTE AND
DELIVER ANY NECESSARY OR DESIRABLE DOCUMENTATION, AND WHICH
ORDINANCE OR RESOLUTION MAY BE INTRODUCED AND ENACTED OR
ADOPTED, AS APPLICABLE, IN A SINGLE SESSION OF THE MAYOR AND
CITY COUNCIL AND SHALL NOT BE SUBJECT TO PETITION TO
REFERENDUM; PROVIDING THAT THE CITY MAY SELECT THE
COUNTERPARTY OR COUNTERPARTIES TO ANY CAPITAL LEASE OR
RELATED DOCUMENT WITHOUT COMPLYING WITH ANY PUBLIC BIDDING
PROCEDURES; PROVIDING THAT NO SUCH CAPITAL LEASE SHALL BE
CONSTRUED AS A DEBT OF THE CITY OR CONSTITUTE A PLEDGE OF THE
FULL FAITH AND CREDIT AND TAXING POWER OF THE CITY; AUTHORIZING
THE CITY AND APPROPRIATE OFFICIALS TO TAKE ANY AND ALL ACTION
NECESSARY TO MAINTAIN THE EXCLUSION FROM GROSS INCOME FOR
FEDERAL INCOME PURPOSES OF INTEREST PAYABLE ON A CAPITAL
LEASE; PROVIDING THAT NOTHING IN CHARTER SECTION 82B SHALL
PREVENT THE CITY FROM ENTERING INTO ANY CAPITAL LEASE THE
INTEREST ON WHICH SHALL BE INCLUDABLE IN GROSS INCOME FOR
FEDERAL INCOME TAX PURPOSES; PROVIDING THAT THE PROVISIONS OF
CHARTER SECTION 82B SHALL BE LIBERALLY CONSTRUED TO
EFFECTUATE THE ACQUISITION OF REAL, PERSONAL, OR MIXED
PROPERTY BY THE CITY, INCLUDING THROUGH CAPITAL LEASES;
PROVIDING THAT ANY CAPITAL LEASES AND RELATED DOCUMENTS
ENTERED INTO BY OR ON BEHALF OF THE CITY PRIOR TO THE EFFECTIVE
DATE OF THE CHARTER AMENDMENTS ADOPTED BY THIS RESOLUTION,
AND ALL ORDINANCES AND RESOLUTIONS PASSED CONCERNING THEM,
ARE DECLARED TO BE VALID, LEGAL AND BINDING AND OF FULL FORCE
AND EFFECT AS IF FULLY SET FORTH IN THE CHARTER; AND PROVIDING
FOR COMPLIANCE WITH CERTAIN PROVISIONS OF THE ANNOTATED CODE
OF MARYLAND PERTAINING TO CHARTER AMENDMENTS.
[Section 82B of the Charter of the City of Cumberland, Allegany County, as found
in the Public Local Laws of Maryland - Compilation of Municipal Charters (1990
Replacement Edition and 2005 Supplement), added.
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Effective Date December 6, 2006]
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- 5511 -
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