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HomeMy WebLinkAboutR-2001-015 Purchase of City vehicles RESOLUTION NO. 2001-015 ® A RESOLUTION OF THE CITY OF DANIA BEACH FLORIDA APPROVING THE TERMS AND CONDITIONS OF A PROMISSORY NOTE GIVEN TO REPUBLIC SECURITY BANK IN THE APPROXIMATE PRINCIPAL SUM OF $95,000.00 FOR THE PURCHASE OF CITY VEHICLES FOR THE PUBLIC WORKS DEPARTMENT AND GROWTH MANAGEMENT DEPARTMENT (SUCH PROMISSORY NOTE BEING SOLELY PAYABLE FROM NON AD VALOREM FUNDS); DIRECTING THE PROPER CITY OFFICIALS TO EXECUTE ALL REQUIRED LOAN DOCUMENTS; AUTHORIZING MINOR REVISIONS TO THE LOAN DOCUMENTS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE THEREFOR. WHEREAS, the City of Dania Beach has previously approved the purchase of City vehicles with the adoption of Resolution No. 2000-151 and Resolution 2000-176; and, WHEREAS, in order to effectuate such purchase, Dania Beach wishes to execute a Promissory Note with Republic Security Bank in the approximate principal amount of$95,000.00; and, WHEREAS, it is necessary and in the best interest of Dania Beach to borrow said moneys from and to issue the Promissory Note to a bank by a negotiated private placement sale because of the small principal amount of the Promissory Note, the nature of the Promissory Note, the terms of the Promissory Note, the limited marketability of the Promissory Note, prevailing interest rates, and the high costs.which would be incurred in conducting a competitive bid of the Promissory Note; and, WHEREAS, Dania Beach has negotiated with Republic Security Bank ("Bank") for the private placement negotiated issuance by Dania Beach of the Promissory Note to the Bank upon the terms set forth in the Exhibit attached to this Resolution, and the negotiated private placement of the Promissory Note with the Bank, upon said terms, is in the best interests of Dania Beach for the reasons stated above; and, WHEREAS, the approximate term of such promissory obligation is five years with twenty (20) equal installments of FIVE THOUSAND FOUR HUNDRED TWENTY AND 35/100T" (5,420.35) DOLLARS with an interest rate of 5.1%; and, WHEREAS, the principal, interest, and all other sums payable by the City of Dania Beach pursuant to the aforesaid Promissory Note shall be paid solely from non-ad valorem funds lawfully available during this Fiscal Year and each Fiscal Year thereafter 1 RESOLUTION NO. 2001-015 that the City has an obligation to pay such principal, interest, and other such sums pursuant to such Promissory Note; and, WHEREAS, neither the full faith and credit nor the taxing power of the City of Dania Beach are or shall be pledged to the payment of the Promissory Note's principal, interest, or other sums payable, and no holder or other person shall, on account of such Promissory Note, have any right to compel the exercise of the ad valorem taxing power of the City of Dania Beach on any form of real or personal property to pay the principal, interest, or any other sums payable pursuant to such Promissory Note; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, THAT: SECTION 1: The foregoing findings are hereby approved and incorporated herein by reference. SECTION 2: The terms and conditions of the Promissory Note from the City of Dania Beach to Republic Security Bank, as substantially set forth in Exhibit"1" hereto, be and the same are hereby approved. SECTION 3: The Mayor, Manager, and City Clerk, with the concurrence of either (i) City Attorney Thomas J. Ansbro, or(ii)Assistant City Attorneys, are hereby directed to execute • all required Loan Documents, and are hereby further authorized to make minor changes to the Promissory Note as may be required to close same (such minor changes including being able to adjust the principal amount of the loan by one percent (1%), changing the term of the loan, or changing the initial fixed interest rate by .1% per annum, or making minor changes to the Promissory Note's language). SECTION 4: In approving the Promissory Note, the City agrees to be bound by the terms thereof. Specifically, for so long as the City has any financial obligations under such Promissory Note, the City covenants, agrees, and pledges that, commencing with the budget for the Fiscal Year commencing October 1, 2000, and in each Fiscal Year thereafter, to appropriate in its annual budget, by budget amendment if necessary, from non-ad valorem funds lawfully available in each such Fiscal Year, amounts which shall be sufficient to permit the City to pay its obligations in accordance with the provisions of the Promissory Note. Such covenant and agreement on the part of the City to budget and appropriate such amounts of non-ad valorem funds shall be cumulative to the extent not paid, and shall continue until such non-ad valorem funds in amounts sufficient to make all required payments shall have been budgeted, appropriated, and actually paid. Notwithstanding the foregoing covenant of the City, the City does not covenant to maintain any services or programs, now provided or maintained by the City, which generate non-ad valorem funds. This covenant to budget and appropriate does not create a lien upon or pledge of the non-ad valorem funds, nor does it preclude the City from pledging in the future any of its non-ad valorem funds, nor does it require the City to levy and collect any • particular non-ad valorem funds, nor does it give the holder of the Promissory Note a prior 2 RESOLUTION NO. 2001-015 claim on the non-ad valorem funds as, opposed to claims of general creditors of the City. This covenant to budget and appropriate non-ad valorem funds is subject in all respects to the payment of debt service on bonds and other debt instruments. However, the covenant to budget and appropriate in its general annual budget for the purposes and in the manner stated herein shall have the effect of imposing on the City the positive duty to budget and appropriate, by amendment if necessary, amounts sufficient to meet its obligations under the Promissory Note, subject however in all respects to the restrictions of §166.241(3), Florida Statutes, as amended (or any successor provision), which provides that the amounts available from taxation and other services, including amounts carried over from prior fiscal years, must equal the total appropriation for expenditures and reserves; and subject further to the payment of services and programs which are for essential public services affecting the health, welfare, and safety of the inhabitants of the City or which are legally mandated by applicable law. Non-ad valorem funds means all revenues of the City derived from any source other than ad valorem taxation on real property or tangible personal property, which are legally available to make payments required under the Promissory Note, but only after provision has been made by the City for the payment of the costs of services and programs which are for essential public service purposes affecting the health, welfare, and safety of the inhabitants of the City or which are legally mandated. ALL PRINCIPAL, INTEREST, AND OTHER SUMS WHICH ARE THE CITY'S FINANCIAL OBLIGATIONS INCURRED PURSUANT TO THE AUTHORIZED PROMISSORY NOTE SHALL BE PAYABLE SOLELY FROM NON-AD VALOREM FUNDS. NEITHER THE FULL FAITH AND CREDIT NOR THE TAXING POWER OF THE CITY OF DANIA BEACH ARE OR SHALL BE • PLEDGED TO THE PAYMENT OF THE PRINCIPAL, INTEREST, OR OTHER SUMS PAYABLE HEREUNDER. THE HOLDER AND NO OTHER PERSON SHALL, ON ACCOUNT OF THIS PROMISSORY NOTE, HAVE ANY RIGHT TO COMPEL THE EXERCISE OF THE AD VALOREM TAXING POWER OF THE CITY OF DANIA BEACH ON ANY FORM OF REAL OR PERSONAL PROPERTY THEREIN TO PAY THE PRINCIPAL, INTEREST, OR ANY OTHER SUMS PAYABLE HEREUNDER. SECTION 5: Should any section, paragraph, sentence, clause, phrase or other part of this Resolution be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Resolution as a whole or any portion or part thereof, other than the part so declared to be invalid. SECTION 6: This Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED this 27th day of FEBRUARY, 2001. C.K. MCELY' MAYOR — COMMISSIONER • 3 RESOLUTION NO. 2001-015 ATTEST: ROLL CALL: MAYOR MCELYEA- YES J VICE-MAYOR BERTINO-YES COMMISSIONER CALI-YES 'SHERYL CHAPMAN COMMISSIONER ETLING-YES ACTING CITY CLERK COMMISSIONER MIKES-YES APPROVED AS TO FORM AND CORRECTNESS: BY: HOMAS ANSB�O CITY ATTORNEY 4 RESOLUTION NO. 2001-015 AGENDA REQUEST FORM CITY OF DANIA • Date: 02-27-01 Agenda Item#: Title: RESOLUTION APPROVING A PROMISSORY NOTE FROM REPUBLIC SECURITY BANK Requested Action: approve Summary Explanation & Background: This promissory note in the amount of$95,000, with an interest rate of 5.1% and a 5 year maturity date is for the purpose of purchasing city vehicles as approved in resolutions 2000-151 and 2000-176 for the public works and growth management departments Exhibits (List): Promissory Note Resolution 2000-151 Resolution 2000-176 • Purchasing Approval: Prepared By: Marie Jabalee, Finance Director #v Source of Additional Information: (Name &Phone) Recommended for Approval By: Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: • LAW OFFICES RYAN & RYAN, P.A. THIRD FLOOR 700 EAST DANIA BEACH BOULEVARD DANIA BEACH, FLORIDA 33004-3090 ARCHIE J. RYAN, III TIMOTHY M. RYAN TELEPHONE(954)920-2921 CHRISTOPHER J.RYAN FACSIMILE(954)921-1247 MICHAEL S.BENDER February 13, 2001 Ms. Marie Jabalee Director of Finance, City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Re: Loan from Republic Security Bank Loan Amount $95,000.00 Our File Number 17449-C Dear Marie: Enclosed please find a Promissory Note prepared in accordance with the terms approved by Republic Security Bank for its $95,000.00 loan to the City of Dania Beach. Also enclosed is the disk containing the note which will allow you to adjust the dates to match the actual date of execution of the note by the City. Please return the original, executed note and a certified copy of the City's ResolutiolI authorizing the loan and the City officials' execution thereof. Please give me a call if you have any questions in this regard. Very truly yours, ARC J RYAN III AJR-III:lr Encls. cc: John J. Macchia, Jr. Republic Security Bank LAW OFFICES RYAN & RYAN, P.A. THIRD FLOOR 700 EAST DANIA BEACH BOULEVARD DANIA BEACH,FLORIDA 33004-3090 ARCHIE J.RYAN.III TIMOTHY M. RYAN TELEPHONE(954)920-2921 CHRISTOPHER J.RYAN FACSIMILE(954)921-1247 MICHAEL S.BENDER February 13, 2001 Ms. Marie Jabalee Director of Finance, City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Re: Loan from Republic Security Bank Loan Amount $95,000.00 Our File Number 17449-C Dear Marie: Enclosed please find a Promissory Note prepared in accordance with the terms approved by Republic Security Bank for its $95,000.00 loan to the City of Dania Beach. Also enclosed is the disk containing the note which will allow you to adjust the dates to match the actual date of execution of the note by the City. Please return the original, executed note and a certified copy of the City's Resolut1*011 authorizing the loan and the City officials' execution thereof. Please give me a call if you have any questions in this regard. Very truly yours, ARC J RYAN III AJR-III:lr Encls. ® cc: John J. Macchia, Jr. Republic Security Bank 1 PROMISSORY NOTE $95,000 . 00 28 February 2001 Dania Beach, Florida FOR VALUE RECEIVED, the CITY OF DANIA BEACH, a Florida Municipal Corporation, promises to pay to the order of REPUBLIC SECURITY BANK the principal sum of NINETY-FIVE THOUSAND AND NO/100TH ($95, 000 . 00) DOLLARS, together with interest thereon from date at the rate of five and one-tenths percent (5. 10%) per annum. Interest will be calculated on a 360/Actual Day basis . Said principal and interest being payable in lawful money of the United States, at 450 Australian Avenue, West Palm Beach, Florida 33401, or at such other place as the Holder thereof may designate in writing. Said principal and interest shall be payable as follows : Principal and interest in twenty (20) equal installments of FIVE THOUSAND FOUR HUNDRED TWENTY AND 35/100TH ($5, 420 . 35) DOLLARS cash shall be due and payable on the 28 day of May, 2001, and on the 2_ day of each consecutive quarter thereafter through and including February 28 , 2006, on which date all unpaid principal and accrued interest shall be due and payable. The sums for which the City is obligated to, pay hereunder shall be derived solely from non-ad valorem funds lawfully available during this Fiscal Year and each Fiscal Year thereafter that the CITY has the obligation to pay such principal, interest, and other sums hereunder. Non-ad valorem funds means all revenues of the CITY derived from any source other than ad valorem taxation on real property or tangible personal property, which are legally available to make payments required herein, but only after provision has been made by the CITY for the payment of the costs of services and programs which are for essential public service purposes affecting the health, welfare, and safety • of the inhabitants of the CITY or which are legally mandated. For so long as the CITY has any financial obligations hereunder, the CITY hereby covenants, agrees, and pledges that, commencing with the budget for the Fiscal Year Commencing October 1, 2001, and in each Fiscal Year thereafter, the CITY shall appropriate in its annual budget, by budget amendment if necessary, from non-ad valorem funds lawfully available in each such Fiscal Year, amounts which shall be sufficient to permit the CITY to pay its obligations in accordance with the provisions of this Promissory Note. Such covenant and agreement on the part of the CITY to budget and appropriate such amounts of non-ad valorem funds shall be cumulative to the extent not paid, and shall continue until such non-ad valorem funds in amounts sufficient to make all required payments shall have been budgeted, appropriated, and actually paid. Notwithstanding the foregoing covenant of the CITY, the CITY does not covenant to maintain any services or programs, now provided or maintained by the CITY, which generate non-ad valorem funds . This covenant to budget and appropriate does not create a lien upon or pledge of the non-ad valorem funds, nor does it preclude the CITY from pledging in the future any of its non-ad valorem funds, nor does it require the CITY to levy and collect any particular non-ad valorem funds, nor does it give the Holder a prior claim on the non-ad valorem funds as opposed to claims of general creditors of the CITY. This covenant to budget and appropriate non-ad valorem funds is subject in all respects to payment of debt service on bonds and other debt instruments . However, the covenant to budget and appropriate in its general annual budget for the purposes and in the manner stated herein shall have the effect of imposing on the CITY the positive duty to budget and appropriate, by amendment if necessary, amounts sufficient to meet its obligations hereunder; subject however in all respects to the restrictions of §166. 241 (3) , Florida Statutes, as amended (or any successor provision) , which provides that the amounts available from taxation and other services, including amounts carried over from prior Fiscal Years, must equal the total appropriations for expenditures and reserves; and subject further to the payment of services and programs which are essential public services affecting the health, welfare, and safety of the inhabitants of the CITY ® or which are legally mandated by applicable law. 2 The CITY hereby irrevocably and unconditionally: (a) waives presentment for payment, demand, notice of demand, notice of nonpayment, or dishonor, protest and notice of protest of this Promissory Note, and all other notices in connection with the delivery, acceptance, performance, default, or enforcement of the payment of this Promissory Note, (b) consents to all extensions of time, renewals, postponements of time of payment of this Promissory Note or other modifications hereof, from time to time or after the maturity date hereof, whether by acceleration or in due course, without notice, consent or consideration to any of the foregoing, (c) agrees that the Holder shall not be required first to institute any suit, or to exhaust its remedies against the undersigned Maker in order to enforce the payment of this Note, and (d) waives the right to trial by jury if any suit be brought to enforce or challenge the validity or enforcement of this Promissory Note. In addition to the payments of principal and interest required to be paid under the terms of this Promissory Note, if there be a default under the terms of this Promissory Note, the Holder shall be entitled to recover from the Borrower all of the Holder' s costs of collection, including the Holder' s reasonable attorney fees, whether for services incurred in collection, litigation, bankruptcy proceedings, appeals or otherwise, and all other costs incurred in connection therewith. All payments required to be paid under the terms of this Promissory Note shall first be applied to costs that may be due from the Maker to the Holder, as aforesaid, and then shall be applied to interest due and owing, and the remainder shall be applied to principal due and owing under the terms hereof. In the event that any sums of money due under the terms of this Promissory Note shall not promptly and fully be paid within fifteen (15) days next after the same severally becomes due and payable, or in the event of any other default under the terms of this Promissory Note, the entire principal indebtedness evidenced hereby, together with all arrearages of interest hereon and other sums due hereunder, shall, at the option of the Holder hereof, become due and payable immediately, without presentation, demand or further action of any kind, and • execution may forthwith issue for the collection of same. In addition, 3 during any period that the Maker of this Promissory Note is in default under the terms and provisions of this Promissory Note, interest shall accrue on the unpaid principal balance at the maximum rate of interest allowable under the laws of the State of Florida. Provided that the Holder has not exercised its right to accelerate the payment of this Promissory Note, as hereinabove provided, a late charge of five (5o) percent of any payment required hereunder shall be imposed on each and every payment not received by the Holder within fifteen (15) days after it is due. The late charge is not a penalty, but liquidated damages to defray administrative and related expenses due to such late payment. The late charge shall be immediately due and payable and shall be paid by the Maker to the Holder without notice or demand; provided, however, under no circumstances shall any such late charge be imposed which shall be in excess of the maximum legal interest rate chargeable under Florida law. All principal, interest, and other sums which are the CITY' S financial obligations incurred pursuant to this promissory note shall be payable solely from non-ad valorem funds . Neither the full faith and credit nor the taxing power of the CITY OF DANIA BEACH are or shall be pledged to the payment of the principal, interest, or other sums payable hereunder. The holder and any other person shall not, on account of this promissory note, have any right to compel the exercise of the ad valorem taxing power of the CITY OF DANIA BEACH on any form of real or personal property therein to pay the principal, interest, or any other sums payable hereunder. The CITY irrevocably and unconditionally (a) agrees that any suit, action or other legal proceeding arising out of or relating to this Promissory Note may be brought, at the option of the Holder, in either the Circuit Court of the 17th Judicial Circuit of Florida or the C'ounty Court in and for Broward County, Florida, or in the United States District Court for the Southern District of Florida; (b) consents to the jurisdiction of each such court in any such suit, action or proceeding; and (c) waives any objection which the CITY may have to the laying of venue of any such suit, action or proceeding in any of such courts . Notwithstanding any provision herein, the total liability for payments in the nature of interest shall not exceed the limits now imposed by the usury laws of Florida, and any amount paid in excess thereof shall be applied to the unpaid principal balance. Such application shall be made to future installments of principal in the inverse order of their maturity and shall not change or modify the payments next due but shall accelerate the final maturity date. In the event of the acceleration of this Promissory Note, the total charges for interest and in the nature of interest shall not exceed the maximum amount allowed by law, • and any excess portion of such charges that may have been prepaid shall be refunded to the CITY at the time of acceleration. Such refund may be made by application of the amount involved against the sums due hereunder, but such crediting shall not cure or waive the default occasioning acceleration. 4 The CITY may prepay the principal amount outstanding, in whole or in part, at any time. • This Promissory Note shall be construed, interpreted, enforced, and governed by in accordance with the laws of the State of Florida. If any provision or portion of this Promissory Note is declared or found by such a court of competent jurisdiction to be unenforceable or null and void, such provision or portion thereof shall be deemed stricken and severed from this Promissory Note, and the remaining provisions and portions thereof shall continue in full force and effect. The CITY waives the right to trial by jury if any suit be brought to enforce or challenge the validity or enforcement of this Promissory Note and agrees to not modify any of the terms of this Note, including interest rate or payment amounts . THE PROPER FLORIDA DOCUMENTARY STAMP TAX HAS BEEN PAID, AND THE PROPER DOCUMENTARY STAMPS HAVE BEEN AFFIXED TO THIS PROMISSORY NOTE. THE CITY OF DANIA BEACH a Florida Municipal Corporation By: CHARLES K. McE A Mayor-Commissioner ATTEST: SHERYL C AP AN Acting C' C erk MICHA City a a Vt APPROVED BY- • THOMAS J. ANS$RO City Attorney 5 RESOLUTION NO. 2000-176 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE ONE 2001 FORD RANGER PICKUP TRUCK IN THE AMOUNT OF $16,998.00 FROM DON RIED FORD, UNDER FLORIDA SHERIFF'S ASSOCIATION BID CONTRACT NO. 00-08-0905, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part 111, Article 3, Section 4, Subsection (J), authorizes the city manager to purchase supplies, services, equipment and materials for the city government in amounts in excess of Fifteen Thousand Dollars ($15,000.00) without competitive bidding and without advertisement for bids if he is authorized to do so in advance by a resolution adopted by the city commission and if such purchases are made pursuant to a competitive bid obtained within the last twelve (12) months by other governmental agencies such as the Federal Government, State of Florida or a Florida county or municipality; and . WHEREAS, the city manager has determined that it is necessary to purchase one 2001 Ford Ranger pickup truck in the amount of$16,998.00 for the Growth Management Department; and WHEREAS, the city manager has determined that such purchase can be made at the least cost to the city from Don Ried Ford, under Florida Sheriffs Association Bid Contract No. 00-08-0905, a copy of which is attached and made a part of this Resolution as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: 1 RESOLUTION NO. 2000-176 Section 1. That the city manager is authorized to make financing arrangements in the amount of $16,998.00 for the purchase of one 2001 Ford Ranger pickup truck from Don Ried Ford. Section 2. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED this 24t" day of October, 2000. A O STONER ROLL CALL: ATTEST: MAYOR MCELYEA- YES VICE-MAYOR BERTINO-YES COMMISSIONER CALI-ABSENT -SHERYL OfiAPMAN COMMISSIONER ETLING-YES ACTING CITY CLERK COMMISSIONER MIKES-YES • APPROVED AS TO FORM AND CORRECTNESS: BY: - -\ , �A / — THOMA,8 J.,ANS RO CITY ATTORNEY 2 RESOLUTION NO. 2000-176 ® RESOLUTION NO. 2000-151 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE TWO (2) 2001 SD F-250 FORD PICKUP TRUCKS IN THE AMOUNT OF $48,230.00 ($24,115.00 EACH) AND ONE (1) 2001 SD F- 250 FOR PICKUP TRUCK IN THE AMOUNT OF $29,269.00 FROM DUVAL FORD, UNDER FLORIDA SHERIFF'S ASSOCIATION BID CONTRACT NO. 00-08-0905, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection (J), authorizes the city manager to purchase supplies, services, equipment and materials for the city government in amounts in excess of Fifteen Thousand Dollars ($15,000.00) without competitive bidding and without advertisement for bids if he is authorized to do so in advance by a resolution adopted by the city commission and if such purchases are made pursuant to a competitive bid obtained within the last twelve (12) months by other governmental agencies such as the Federal Government, State of Florida or a Florida county or municipality; and WHEREAS, the city manager has determined that it is necessary to purchase two (2) 2001 SD F-250 Ford pickup trucks in the amount of$48,230.00 and one (1) 2001 SD F-250 Ford pickup truck in the amount of $29,269.00 for the Public Works Department; and WHEREAS, the city manager has determined that such pprchases can be made at the least cost to the city by purchasing said vehicles from Duval Ford,' under Florida Sheriff's Association Bid Contract No. 00-08-0905, a copy of which is attached and made a part of this Resolution as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: 1 RESOLUTION NO. 2000-151 Section 1. That the city manager is authorized to pay Duval Ford the amount of $77,499.00 for three (3) 2001 SD F-250 Ford pickup trucks from the Streets and Parks Budget Account#001-41-1120-56-647. Section 2. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED this 26'h day t ' ber, 2000. X. MCELYEA MAYOR - COMMISSIONER ATTEST: ROLL CALL: MAYOR McELYEA - YES VICE-MAYOR BERTINO-YES HERYL A MAN COMMISSIONER CALI - YES ACTING CITY CLERK COMMISSIONER ETLING - YES COMMISSIONER MIKES- YES APPROVED AS TO FO M AND CORRECTNESS: BY: �- TH M S J. ANSBRO CITY ATTORNEY 2 RESOLUTION NO. 2000-151