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PLEASE SUBSTITUTE for <br />Ordinance 32-09 Placed on 1St Reading <br />& Referred to the Finance Committee 3/2/09 <br />ORDINANCE NO. 32-09 BY: Antonio, Bullock,' Butler, Dever, <br />Madigan, Powers, Summers. <br />AN ORDINANCE to take effect immediately provided it receives the affirmative vote of <br />at least five (5) members elected to Council otherwise, it shall take effect and be in force after the <br />eazliest period allowed by law, to authorize the Duector ofFinance to enter into Equipment Leases in <br />forms approved by the Director of Law on behalf of the City of Lakewood ("City"). <br />WHEREAS, the City is an Ohio political subdivision and is organized and existing under the <br />Constitution and laws of Ohio and its Charter; and <br />WHEREAS, in accordance with applicable law, including without limitation its home rule <br />authority under Ohio Constitution Article XVIII, the City has the power to acquire personal property, <br />including without limitation, acquisition by lease-purchase agreement; and <br />WHEREAS, the City has requested proposals for the lease-purchase acquisition of certain <br />property, and the authorized representatives of the City have determined that the proposal of <br />KeyBank, Key Government Finance, Inc., its affiliates, successors, or assigns (together, "KeyBank") <br />is the most responsive and responsible proposal; <br />WHEREAS, this Council by a vote of at least five (5) members. elected thereto determines <br />that this ordinance is an emergency measure, and that this ordinance shall take effect at the earliest <br />date possible as set forth in ARTICLE III, SECTONS 10 and 13 of the SECOND AMENDED <br />CHARTER OF THE CITY OF LAKEWOOD, and that it is necessary for the immediate preservafion <br />of the public property, health and safety, and to provide for the usual daily operafion of municipal <br />departments in that these equipment leases aze necessary for the operation of various departments <br />and divisions. Now, therefore, <br />BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: <br />Section 1. This Council makes the following findings and determinations: <br />(a) It is appropriate and necessary to the functions and opera$ons of the City, to enter into one or <br />more lease-purchase agreements (the "Equipment Leases") in the principal amount not <br />exceeding $2,180,000, for the purpose of acquiring the vehicles, equipment, and other <br />personal property generally described in Exhibit A to this. ordinance (the "Leased Property") <br />and. to be described more specifically in the Equipment Leases. <br />(b) KeyBank is expected to be the lessor under the Equipment Leases in accordance with its <br />proposal. <br />