HomeMy WebLinkAboutR-85-25RESOLUTION
NO.
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
AUTHORIZING THE FINANCE DIRECTOR AND THE MAYOR
TO ISSUE INSTALLEMNT PAYMENTS FROM FEDERAL REVENUE
SHARING ~I~qDS, NOT TO EXCEED FORTY-SEVEN THOUSAND
DOLLARS, FOR THE SEBASTIAN VOLUNTEER FIRE DEPARTMENT
AND RESCUE SQUAD, INC., SUBJECT TO FEDERAL LAWS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Florida,
has decided to grant to the Sebastian Volunteer Fire Department and Rescue
Squad, Inc., a sum of money not to exceed forty-seven thousand dollars from
Federal Revenue Sharing Funds to help fund the construction of the Fire
Station on Barber Street in the City of Sebastian, subject to compliance
with the Federal Laws,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City
of Sebastian, Florida, as follows:
SECTION I
The City Finance Director and the Mayor are hereby authorized
to issue installment payments from Federal Revenue Sharing Funds in a total
sum not to exceed forty-seven thousand dollars ($47,000.00) for the con-
struction of the new Fire Station on Barber Street in the City of Sebastian.
Said monies shall be paid directly to materialmen, suppliers, contractors,
vendors and laborers upon delivery to the Finance Director of proper documentation
of the request for each payment, the nature of the items or services represented
by each request, and proof that the applicable Federal Laws have been followed
in obtaining the goods or services.represented by each request, and proof
that the applicable Federal laws have been followed.
City Council.
SECTION II
This Resolution shall be effective upon its passage by the
by the City Council of the City of Sebastian, Flo~
May, 1985. ~a'
llagher, MaY'or
ATTEST: ' ~.
Cifiy Clerk
i HEREBY CERTIFY that the foregoing Resolution was duly passed
day of
THOMAS C. PALMER --
A ORN ' AT
8~' ~ '~: o
P.O. BOX q45, ~037 MAIN STREW, SEB~TIAN, FLORIDA 3295/~p~.~
30~589-75~ '
~/
TO: Ha~o~ and City Council Hembe~s
FROM: Thomas C. Palmer, City Attorney
RE: Donation to Barber Street Fire Station
This opinion is a follow-up to the letter written by Carol
Carswell. As Mrs. Carswell correctly noted, Federal Funds can
be spent on projects that the City could spend its own general
funds for.
The proposed expenditure for the Fire Department and Rescue
Squad is legal. The City is going to insure that the money is spent
on improvements to the fire station and the deed from the city to
the Fire Department and Rescue squad requires that the property be
used for fire and rescue purposes only. The deed also insures that
the fire department will not try to sell or otherwise encumber the
property. This is sufficient control on the fire department to
assure accomplishment of their public purpose. The Fire Department
is a non-profit quasi-public corporation.
I enclose an Opinion of the Attorney General of the State of
Florida, AGO 83-6, January 27, 1983, which, after a thorough:':revi~w
of the Florida Appellate and Supreme Court opinions, and prior opinions
of the Attorney General, concluded that the City of Stark could pur-
chase equipment for the "Pop-Warner" football program.
I have read all of the court opinions and the AGO's noted in the
attached opinion (AGO 83-6) and it is clear that the proposed ex-
penditures to the Fire Dept. with the existing deeds and the manner
of control to be exercised by the Finance Department in this matter
is in compliance with the Florida Constitution (Art. VII, Sec. 10)
and other applicable laws of the State of Florida.
Carol Carswell has already advised you that the proposed
expenditures is in complaince with the Federal Laws that apply.
CONCLUSION: The proposed plan regarding the Federal Grant
monies for the Barber Street Fire Station is in compliance with
the Florida Constitution and Florida laws regarding municipal
finance, as well as the applicable Federal Laws regarding Federal
/Grant money.
encl: AGO 83-6 (1-27-83)
Very truly yours,
Thomas C. Palmer