03-2023 - 2023 Municipal Capital Leases

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1st read and referred to Finance 2/6/23; 2nd reading 2/21/23. Please substitute for the original Baker, Bullock, Kepple, Litten, Marx, Rader, Shachner ORDINANCE NO. 03-2023 BY: AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect and be in force at the earliest period allowed by law, authorizing the Director of Finance to enter into Equipment Leases in forms approved by the Director of Law on behalf of the City of Lakewood ("City"). WHEREAS, the City is an Ohio political subdivision and is organized and existing under the Constitution and laws of Ohio and its Charter; and WHEREAS, in accordance with applicable law, including without limitation its home rule authority under Ohio Constitution Article XVIII, the City has the power to acquire personal property, including without limitation, acquisition by lease -purchase agreement; and WHEREAS, the City has requested proposals for the lease -purchase acquisition of certain property, and the authorized representatives of the City will assess each proposal and determine which proposal is lowest and best, and most responsive; and W IEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lakewood, this Council by a vote of at least two thirds of its members determines that this ordinance is an emergency measure and that it shall take effect immediately, and that it is necessary for the immediate preservation of the public property, health, and safety, and to provide for the usual daily operation of municipal departments in that these equipment leases will be necessary for the operation of various departments and divisions. Now, therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1 This Council makes the following findings and determinations: (a) It is appropriate and necessary to the functions and operations of the City to enter into one or more lease -purchase agreements (the "Equipment Leases") in the principal amount not exceeding $3,695,000 in the aggregate, for the purpose of acquiring the vehicles, equipment, and other personal property generally described in Exhibit A to this ordinance (the "Leased Property") and to be described more specifically in the Equipment Leases. (b) The authorized representatives of the City will determine which proposal for the respective vehicle, equipment, or other personal property is lowest and best, and most responsive to the City's request for proposals. (c) The City is entering into the Equipment Leases in accordance with its power and authority under the Ohio Revised Code, the Ohio Constitution, and its Charter, to acquire the Leased Property, and the Equipment Leases constitute "public obligations" as defined in Chapter 13 3.01(GG), Ohio Revised Code. Section 2. That the Director of Finance acting on behalf of the City is hereby authorized to negotiate, enter into, execute, and deliver one or more Equipment Leases in the form approved