HomeMy Public PortalAbout2003-04 A Capital Project concerning the Acquisition of Fire Trucks and Fire Fighting EquipmentORDINANCE NO. 2003-4
A CAPITAL PROJECT AUTHORIZING ORDINANCE OF
THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE
"VILLAGE"), CONCERNING THE ACQUISITION OF FIRE
TRUCKS FOR THE VILLAGE FIRE RESCUE
DEPARTMENT; AUTHORIZING AND PROVIDING FOR
THE VILLAGE TO PURCHASE FIRE FIGHTING
EQUIPMENT, TO -WIT: ONE (1) NEW PIERCE SKYBOOM
AND ONE (1) NEW PIERCE PUMPER; AUTHORIZING
EXPENDITURE OF FUNDS; AUTHORIZING AND
APPROVING MASTER LEASE AGREEMENT AND
RELATED DOCUMENTS; PROVIDING FOR NOTICE OF
ORDINANCE ADOPTION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Council, as the governing body of the Village of Key Biscayne (the
"Village"), desires to obtain certain fire fighting equipment (the "Equipment") for the Village Fire
Rescue Department as described in Equipment Schedule No. 01 to the Master Lease Agreement
(collectively, the "Lease") with Leasing 2, Inc., the form of which Lease has been available for
review by the Village Council prior to this meeting; and
WHEREAS, the Equipment is essential for the Village to perform its governmental
functions; and
WHEREAS, the funds made available under the Lease will be deposited into an Escrow
Account pursuant to the Lease and will be applied to the acquisition of the Equipment in accordance
with the Lease; and
WHEREAS, based upon the calculations of the Finance Department, the Village Council
finds that this transaction complies with the debt limit provisions of Section 4.10(b)(i) of the Village
Charter; and
WHEREAS, t he V illage h as t aken t he n ecessary s teps, including t hose r elating t o any
applicable legal bidding requirements, to arrange for the acquisition of the Equipment; and
WHEREAS, the Village proposes to enter into the Lease with Leasing 2, Inc., substantially
in the form presented at this meeting; and
WHEREAS, the Village Council hereby finds and determines that the terms of the Lease and
related instruments (collectively, the "Financing Documents") in substantially the form presented
at this meeting and incorporated in this Resolution are in the best interests of the Village for the
acquisition of the Equipment.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. T hat t he r ecitals stated above a re h ereby a dopted a nd
confirmed.
Section 2. Capital Project Authorizing Ordinance. That pursuant to Village Charter Sec.
3.07(b) and Sec. 4.03(9), this Ordinance shall constitute a Capital Project Authorizing Ordinance.
The Capital Project is the purchase of fire fighting equipment, to -wit: one (1) New Pierce Skyboom
and one (1) New Pierce Pumper (the "Equipment") for the Village of Key Biscayne Fire Rescue
Department, at a projected cost of Eight Hundred Sixty One Thousand, Seven Hundred Forty -Four
($861,744.00) Dollars. However, the portion of the Equipment cost which shall be financed is Six
Hundred Ninety -One Thousand, Seven Hundred Forty -Four ($691,744.00) Dollars, plus fixed annual
financing costs of a range of not less than 3% and not more than 5% for the six (6) year (73 1/2
month) term of the lease - purchase transaction, as payable in seven (7) annual installment payments.
2
Section 3. Equipment Purchase Authorized.
A. That the purchase of the Equipment is hereby authorized. The Equipment is further
described in the Master Lease Agreement and Equipment Schedule No. 01(collectively the "Lease")
between the Village and Leasing 2, Inc., a copy of which is set forth in Exhibit "A," attached hereto
and incorporated herein. The Equipment shall be utilized by the Village Fire Rescue Department
to provide fire fighting and rescue services for the Village.
B. That the Village Council hereby approves the Lease, and authorizes the Village
Manager to execute the Lease, once approved by the Village Attorney for legal sufficiency, for the
acquisition of the Equipment for a cost which is consistent with this Ordinance and the Lease.
C. That the Village Manager is authorized to take all action necessary to implement this
Ordinance and the Lease, and is authorized to expend Village funds for the purchase of the
Equipment pursuant to the Lease and in accordance with Village budget appropriations.
D. That the Financing Documents and the acquisition and financing of the Equipment
under the terms and conditions as described in the Financing Documents are hereby approved. The
Village Manager and any other officer of the Village who shall have power to execute contracts on
behalf of the Village be, and each of them hereby is authorized to execute, acknowledge and deliver
the Financing Documents with any changes, insertions and omissions therein as may be approved
by the Village Attorney such approval to be conclusively evidenced by such execution and delivery
of the Financing Documents. The Village Clerk of the Village is authorized to affix the official seal
of the Village to the Financing Documents and attest the same.
E. That the proper officers of the Village, be and each of them hereby is, authorized and
directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and
other documents and to do or cause to be done any and all other acts and things necessary or proper
3
for carrying out this Resolution and the Financing Documents.
F. That the closing of this transaction and the effective date of the Lease shall be as of
October 1, 2003, provided that this may be revised to an earlier date, so long as the debt limit
provisions of Village Charter Section 4.10(b)(i) are complied with as determined by the Village
Manager after consultation with the Finance Director and Village Attorney.
G. That pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended
(the "Code"), Village hereby specifically designates the Lease as a "qualified tax-exempt obligation"
for purposes of Section 265(b)(3) of the Code.
Section 4. Notice of Ordinance Adoption. That pursuant to Village Charter Sec. 4.03(9),
following the passage of this Ordinance on first reading, the Village Clerk shall provide notice of
the date and time of the second reading ("Second Reading Notice"). The Second Reading Notice
shall include a brief description of the Equipment and its cost and shall be published in addition to
and contemporaneously with notices regularly published for second readings of ordinances. The
published notice shall be in substantially the form attached hereto as Exhibit "B." Further, the
Village Clerk shall provide for each Village elector to be sent a Second Reading Notice by postcard.
The postcard notice shall be in substantially the form attached hereto as Exhibit "C." Any action
taken by the Council on this Ordinance shall not be voided by the failure of an individual Village
elector to receive a Second Reading Notice postcard.
Section 5. Severability. That the provisions of this Ordinance are declared to be severable
and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining sections,
sentences, c lauses, a nd p hrases o f t his 0 rdinance b ut t hey s hall r emain i n e ffect, i t being t he
legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
4
Section 6. Effective Date. That this Ordinance shall be effective upon adoption on second
reading.
PASSED AND ADOPTED on first reading this 22nd day of April, 2003.
PASSED AND ADOPTED on second reading this 13th day of May, 2003.
MAYOR ROBERT OLDAKOWSKI
dve
CHITA H. ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS TO F RM AND LEGAL SUFFICIE Y.
VILLAGE ATT • RNE
103001 \ordinances\acquisition of firetrucks
5
EXHIBIT "A"
MASTER LEASE
AND
EQUIPMENT SCHEDULE NO. 01
6
EXHIBIT "B"
PUBLIC NOTICE
Pursuant to Village of Key Biscayne Charter Section 4.03(9), notice is hereby provided that
on Tuesday, May 13, 2003 at 7:00 p.m., in the Village Council Chamber, at 560 Crandon Blvd., Key
Biscayne, FL, a public hearing on the second and final reading of an ordinance concerning the Fire
Truck equipment acquisition capital project shall be heard by the Village Council, as follows:
A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"),
CONCERNING THE ACQUISITION OF FIRE TRUCKS FOR THE
VILLAGE FIRE RESCUE DEPARTMENT; AUTHORIZING AND
PROVIDING FOR THE VILLAGE TO PURCHASE FIRE
FIGHTING EQUIPMENT, TO -WIT: ONE (1) NEW PIERCE
SKYBOOM AND ONE (1) NEW PIERCE PUMPER;
AUTHORIZING EXPENDITURE OF FUNDS; AUTHORIZING
AND APPROVING MASTER LEASE AGREEMENT AND
RELATED DOCUMENTS; PROVIDING FOR NOTICE OF
ORDINANCE ADOPTION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
Capital Project: Acquisition of One (1) New Pierce Skyboom;
Acquisition of One (1) New Pierce Pumper.
Cost: The projected cost of the Equipment is $861,744. However, the portion of this
Equipment cost which shall be financed is approximately $691,744 plus annual financing costs
(anticipated to be between 3% to 5%) for the seven (7) annual installment payments of the six (6)
year (73 1/2 month) term of the lease - purchase transaction.
This notice is published in addition to and contemporaneously with notices regularly
published for second readings of ordinances. For any question on this item, please contact the
Village Clerk at 305-365-5506.
In accordance with the Americans With Disabilities Act of 1990, all persons who are disabled and who need special accommodations
to participate in this proceeding because of that disability should contact the office of the Village Clerk, 88 W. McIntyre Street, Key
Biscayne, FL 33149, telephone number: 305-365-5506, not later than two (2) business days prior to such proceedings.
If a person decides to appeal any decision made by the Village Council with respect to any matter considered at a meeting or hearing,
that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings
is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105).
7
EXHIBIT "C"
PUBLIC NOTICE
(Postcard to Electors)
Pursuant to Village of Key Biscayne Charter Section 4.03(9), notice is hereby provided that
on Tuesday. May 13, 2003 at 7:00 p.m., in the Village Council Chamber, at 560 Crandon Blvd., Key
Biscayne, FL, a public hearing on the second and final reading of a Capital Project Authorizing
Ordinance for the Fire Truck equipment acquisition capital project shall be heard by the Village
Council.
Capital Project: Acquisition of One (1) New Pierce Skyboom;
Acquisition of One (1) New Pierce Pumper.
Cost: The projected cost of the Equipment is $861,744. However, the portion of this
Equipment cost which shall be financed is approximately $691,744 plus annual financing costs
(anticipated to be between 3% to 5%) for the seven (7) annual installment payments of the six (6)
year (73 1/2 month) term of the lease - purchase transaction.
For any question on this item, please contact the Village Clerk at 305-365-5506.
If a person decides to appeal any decision made by the Village Council with respect to any matter considered at a meeting or hearing,
that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings
is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105).
8
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper. published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
VILLAGE OF KEY BISCAYNE - PUBLIC HEARING - 5/13/03
A CAPITAL PROJECT RE: ACQUISITION OF FIRE TRUCKS, ETC.
in the XXXX Court,
was published in said newspaper in the issues of
05/01/2003
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
e, com or refund for the purpose
publication in the said
any discount, re
of securing th'
newspaper.
Sworn to and subscribed before me this
01 day of MAY
(SEAL)
O.V. FERBEYRE per
, A.D. 2003
fO,�PilY Ptj, OFFICIAL NORARY`SEAL
CHERYL H MARMER
a n� tr�kAMMON NUMBER
I, CC931156
l
�F F F Ot1�� MY COM�,MISSION EXPIRES
OF fL APR. 24,2004
KEY M$ AYNE
tams
Pursuant -to Village of Key Biscayne Charter Section 4.03(9), notice is
hereby provided that on Tuesday, May,13, 2003 at 7:00 p.m., in the Vil-
lage Council Chambers, at 560 Crandon Blvd., Key Biscayne, FL, a
public hearing on the second and final reading of an ordinance concerning
the Fire Truck equipment acquisition capital project shall be heard by the
Village Council, as follows:
A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA (THE 'VILLAGE')
CONCERNING THE ACQUISITION OF FIRE TRUCKS FOR
THE VILLAGE FIRE RESCUE DEPAFITMENT; AUTHORIZING
AND:PROVIDING FOR THE VILLAGE TO PURCHASE FIRE
FIGHTING EQUIPMENT,10-WIT: ONE (1) NEW PIERCE SKY -
BOOM --AND ONE (1) NEW PIERCE PUMPER; AUTHORtZING
EXPENDITURE OF FUNDS; AUTHORIZING AND APPROV-
ING MASTER - LEASE AGREEMENT AND RELATED DOCU-
MENTS; PROVIDING FOR NOTICE OF ORDINANCE ADOP-
TION; PROVIDING FOR SE (ERABIUTY; PROVIDING FOR AN
EFFECTIVE DATE.
Capitatlprojectr Acquisition of One (1 )Mew Pierce Skyboct
Aoqui§it-ron of tine (1) New Rime Pumper.
Cost: The ocnjected Cost of the EquOment N 0001,744. Homer, the
portion Of this Equipment cost *filch shah be financed is approximately
091,744 pit* arm lime b g=its (anticipated to be between 3% to
5%) Mrlhe seven:(77) annual instatinent payments ofthe elx(6) years (73
* month) term ofthe lease - purchase transaction.
This notice is published in addit on 10 and contemporaneously with no-
tices ragUlaily published for second � of ordinances. For any
queatftin on this Win, please contact the V*ageO X906-365-5506.
In accordance wltl the Americans With Disabilities Act of 1990, all per- 4
sons who are disabled and who need spedal accormrodations to partici-
pate k thisproceedng because of that-dfe llityshouid eontactlheoffice4
of the VBagritititc,118 W:MOfrityis Streeti%sy BIstayire, Fl 33149; tele-
phonefluiYiber:31 5-5500, riot taterth8ntwo(2) businessdays !Ay to I
such proceecdngs.
If a person derides O appeal any dedsionmade bye Vigo Council
with respect toanylt bortsidered at * meeting (shearing, that parson
MN need a record of the pMcdedirps arxlAs such purpose► may need to I
ensure that a verbs n xecord of the ptocesdinge is made, wpictr-es cord
includes the teMimonf,prd evtdance uponwirishttaeappeal is to bebased!
(F.S. 286.0105).
511. _ _ _ -- - _ -- - - . .. . 03-3.1W358175M i