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2175 RESOLUTION NO. 2 � / A RESOLUTION APPROVING AN AMENDMENT TO THE 2018 BUDGET FOR THE CITY OF WEST MEMPHIS,ARKANSAS,AND FOR OTHER PURPOSES. WHEREAS,A.C.A. § 14-58-203 allows the municipal governing body to alter or revise from time to time amount to an appropriation of funds which are lawfully applicable to the items therein contained. WHEREAS,the Budget Committee of the City of West Memphis,Arkansas, has met and has recommended that the 2018 Budget for the City of West Memphis,Arkansas, be amended for the purpose of adding the cost of 5 new vehicles to the West Memphis Police Department. WHEREAS,the cost of the change in these allocations is estimated at$ 250,645.00. WHEREAS,the City Council of the City of West Memphis,Arkansas,finds that the recommended Budget amendment for the purpose of funding this allocation is appropriate and should be approved; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,ARKANSAS,THAT the 2018 Budget for the City of West Memphis, Arkansas, is hereby estimated to be amended in the amount of$ 250,645.00 as set out in Exhibit A, and this resolution shall be in full force and effect from and after the date of its passage and approval. PASS AND APPROVED this 44�%_day of Sq:&eriber 2018 WILLIAM H.JOHNSON`, MAYOR ATTEST: PHILLIP PARA, CITY CLERK SPONSORED BY: Exhibit A attached RECrEIVEL) . City CIC3W) Dat l �� >o�.l� //. �ja BUYERS ORDER ORDER# DATE STOCK# 8/31/2018 N3396 Description Amount Holly Chevrolet Sellin Price 49 478.20 66011-55 N/ PO Box 828 MARION, AR 72364 PHONE: (870)739-7337 FAX: (870)739-2730 Fees and Taxes THANK YOU! Taxes N/A We Appreciate Your Patronage, License Fees N/A Title Fees N/A Registration Fees N/A PURCHASER'S NAME&ADDRESS GAP NZA City of West Memphis VSI N/A P.O. Box 1.728 0.00 West Memphis, AR 72303 Total Fees and Taxes 0.00 Total Cash Price 49, 478.20 Home Phone Work Phone E-Mail Address Other Charges 870-732-7584 k'ohnson cit wm,com Service Contract N/A NewlUsed Year Make IModel N AMonths N/AMiles NEW 2018 CHEVROLET I TAll0r POLI Extended Warranty N/A Vehicle Identification Number N/A Months N/AMiles G N L C D E C 5 J R 1 5 8 7 8 7 Maintenance Plan N/A Car/Truck Color I Mileage I Key Numbers -NTA Months N AMiles Truck ISUMMIT WHI 10 1 V0700 Dealership Personnel Sales Person#1 ! Frank Wallace Total Other Charges N/A Sales Person#2 Total Price 49 478.20 Business Mgr. Dana Warren Settlement Lien Holder Information Deposit Amount Cash on Delivery Rebate(s) A Note Due Ins.Co. Total Trade Allowance N/A Policy# Exp.Date Total Trade Payoff N/A Agent Phone# Net Trade Amount NIA W Total Cash Down 0.00 8/3"x/2018 (Seller) (Date) Total 1 49, 478.20 8/31/2018 (Purchaser) (Date) (Co-Purchaser) (Date) NO LIABILITY INSURANCE INCLUDED Used Vehicle(s)Traded Year Make Model Color Mileage Vehicle Identification Number Stock# Allowance Payoff Payoff To YearMake Model Color Mileage Vehicle identification Number Stock# Allowance Payoff Payoff To PAGE 1 of 2 ADDITIONAL TERMS AND CONDITIONS It is further understood end agreed that the order on the fast page hereof is subject to the following terms and conditions. 1. As used in this Order the terms(a)'Dealer"shall mean the authored Dealer to wham this Order is addressed and who shall become a parry hereto by its acceptance hereof,(b)'Purchaser'shall mean the party executing this Order as such on the face hereof,and(c)'Manufacturer'shall mean the Corporation that manufactured the vehicle or chassis,it being understood by Purchaser and Dealer that Dealer is in no respect the agent of Manufacturer,that Dealer and Purchaser are the sole parties to this Order and that reference to Manufacturer herein is for the purpose of explaining gerieraly certain contractual relationships existing between Dealer and Manufacturer with respect to new motor vehicles. 2. Manufacturer has reserved the right to change the price to Dealer of new motor vehicles without notice. In the event the price to Dealer of new motor vehicles of the series and body type ordered hereunder is changed by Manufacturer prior to delivery of the new motor vehicle ordered hereunder to Purchaser,Dealer reserves the right to change the cash delivered price of such motor vehicle to Purchaser accordingly. If such cash delivered price is increased by Dealer,Purchaser may,9 dissatisfied therewith,cancel this Order,in which event d a used motor veNde has been traded in as a pail of the consideration for such new motor vehicle,such used motor vehicle shall be returned to Purchaser upon payment of a reasonable charge for storage and repairs(if any)or,d such used motor vehicle has been previously sold by Dealer, the amount received therefore,less a selling commission of 15%and any expense incurred in storing,insuring,conditioning or advertising said used motor vehicle for sale,shall be returned to Purchaser. 3. If the used motor vehicle which has been traded in as a part of the consideration for the motor vehicle ordered hereunder is not to be delivered to Dealer until delivery to Purchaser of such motor vehicle,the used motor vehicle shall be reappraised at that time and such reappraised value shall determine the allowance made for such used motor vehicle. If such reappraised value is lower than the original allowance therefore shown on the fist page of this Order,Purchaser may,it dissatisfied therewith, cancel this Order,provided,however,that such right to cancel is exercised prior to the delivery of the motor vehicle ordered hereunder to the Purchaser and surrender of the used motor vehicle to Dealer. 4 Purchaser agrees to deliver to Dealer satisfactory evidence of title to any used motor vehicle traded in as a part of the consideration for the motor vehicle ordered hereunder at the time of delivery of such used motor vehicle to Dealer. Purchaser warrants any such used motor vehicle to be his property free and dear of all liens and encumbrances expect as otherwise noted herein. 5. Unless this Order shall have been cancelled by Purchaser under and in accordance with the provisions in paragraph 2 or 3 above,Dealer shall have the right,upon failure or refusal or Purchaser to accept delivery of the motor vehicle ordered hereunder and to comply with the terms of this Order,to retain as liquidated damages any cash deposit made by Purchaser and,in the event a used motor vehicle has been traded in as a part of the consideration for the motor vehicle ordered hereunder,to sell such used motor vehicle and reimburse himself out of the proceeds for such sale for the expenses specified in paragraph 2 above and for such other expenses and losses as Dealer may incur or suffer as a resuh of such failure or refusal by Purchaser. 6. Manufacturer has reserved the right to change the design of any new motor vehicle,chassis,accessories or parts hereof at any time without notice and without obligation to make the same or any similar change upon any motor vehicle,chassis,accessories or parts thereof previously purchased by or shipped to Dealer or be ing manufactured or sold in accordance with Dealer's orders. Correspondingly,in the event of any such change by Manufacturer,Dealer shall have no obligation to Purchaser to make the same or any similar change in any motor vehicle,chassis,accessories or parts thereof covered by this Order either before or subsequent to defivery thereof to Purchaser. 7. Dealer shall not be Gable for failure to deliver or delay in delivering the motor vehicle covered by this Order where such fadure or delay is due,in whole or in part,to any cause beyond the control or without the fault or negligence of Dealer. 8. The price for the motor vehicle specified on the first page of this Order includes reimbursement for Federal Erase Taxes,but does not include sales taxes,use taxes or ooaipational taxes based on sales volume,(Federal,State or Local)unless expressly so stated. Purchaser assumes and agrees to pay,unless prohibited by law,any such sales,use or occupational taxes imposed on or applicable to the transaction covered by this Order,regardless of which party may have primary tax liability thereof 9. If a charge for Credit Insurance is included in this Order the provisions as to Credit Insurance in any retail installment contract form subsequently executed between the parties hereto in conjunction with this Order shall be fully effective. 9 such insurance is unavailable or partly unavailable under the designated policy,the applicable portion of the charge for Credit Insurance specified herein,and the finance charge thereon,may he deducted from the Total of Payments and credited to the Purchaser. If such insurance does not become effective,notice thereof will be sent to the Purchaser by the Dealer and this Order and any retail installment contract executed in conjunction therewitff shah otherwise remain fuly effective. 10. FACTORY WARRANTY: ANY WARRANTY ON ANY NEW VEHICLE OR USED VEHICLE STILL SUBJECT TO A MANUFACTURER'S WARRANTY IS THAT MADE BY THE MANUFACTURER ONLY. THE SELLER HEREBY DISCLAIMS ALL WARRANTIES,EITHER EXPRESS OR IMPLIED,INCLUDING ANY IMPLIED WARRANTY Of MERCHANTABIM OR FITNESS FOR A PARTICULAR PURPOSE. USED VEHICLE WHETHER OR NOT SUBJECITO MANUFACTURER'S WARRANTY:UNLESS A SEPARATE WRITTEN INSTRUMENT SHOWING THE TERMS OF ANY DEALER WARRANTY OR SERVICE CONTRACT IS FURNISHED BY DEALER TO BUYER,THIS VEHICLE IS SOLD"AS IS-NOT EXPRESSLY WARRANTED OR GUARANTEED,"AND THE SELLER HEREBY DISCLAIMS ALL WARRANTIES,EITHER EXPRESS OR IMPLIED,INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE- 11. URPOSE11. PURCHASER SHALL NOT BE ENTITLED TO RECOVER FROM DEALER ANY CONSEQUENTIAL DAMAGES,DAMAGES TO PROPERTY,DAMAGES FOR LOSS OF USE,LOSS OF TINE,LOSS OF PROFITS,OR INCOME,OR ANY OTHER IIIDICENTAL DAMAGES. 12. The Purchaser,before or at the time of delivery of the motor vehicle covered by this Order will execute such forms of agreement or documents as may be required by the terms and conditions of payment indicated on the first page of this Order. 13. CONTRACTUAL DISCLOSURE STATEMENT FOR USED VEHICLES ONLY:THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE IS PART OF THIS CONTRACT. INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE. K Purchaser by his execution of this Order certifies that he is 18 years of age or older and acknowledges that he has read its terms and conditions and has received a true copy of this Order. Buyer's Initials Co-Buyer's Initials Page 2 of 2 HOLLY CHEVROLET PO BOX 828 66011-55 NORTH MARION,AR 72364 (870)739-7337 BILL OF SALE - STATEMENT OF CONSIDERATION PAID DEAL: 012570 SOLD TO: City of West Memphis DATE: 08-31-2018 P.O.Box 1728 SALESMAN Frank Wallace West Memphis,AR 72303 (870)732-7584 YEAR MAKE MODEL BODY COLOR STOCK# VIN MILES SOLD 2018—d—HEVROLET TAHOE POI. SUMMITM N3396 1 GNLCDEC5JR158787 10 TRADE TRADE TRADE Full Sales Price of Vehicle Purchased. $ 49,478.20 +Customer Services ...................... $ N/A +Service Contracts ........................$ N/A -Trade Allowance ...........................$ N/A Net Taxable Difference..................$ 49,478.20 ODOMETER DISCLOSURE STATEMENT YEAR MAKE MODEL BODY COLOR VIN 2018 CHEVROLET TAHOE POLI SUMMIT WHI 1GNLCDECSJR158787 FEDERAL AND SATE LAW REQUIRES THAT YOU STATE THE MILEAGE UPON TRANSFER OF OWNERSHIP FAILURE TO COMPLETE OR PROVIDING A FALSE STATEMENT MAY RESULT IN FINES AND/OR IMPRISONMENT 1, HOLLY CHEVROLET State that the odometer now reads 10 (no tenths) miles and to the best of my knowledge that it reflects the actual mileage of the SOLD vehicle described above. UNLESS one of the items below is checked: (1} I hereby certify that to the best of my knowledge the odometer reading reflects the amount of mileage in excess of its mechanical limits. (2) 1 hereby certify that the odometer reading is not the actual mileage.WARNING—ODOMETER DISCREPANCY. X 08-31-2018 x / 08-31-2018 BUYER DATE SEL ER DATE X BUYER DATE