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HomeMy WebLinkAboutStaff Report 3.B 10/03/200520 21 22 23 24 25 26 27 28 29 011 31 32 33 34 35 EFFECTIVE DATE OF ORDINANCE Introduced by ORDINANCE NO. 2223 N.C.S. &B October 3, 2005 Seconded by AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA AMENDING CHAPTER 3.12 OF THE PETALUMA MUNICIPAL CODE TO AUTHORIZE THE SALE OF SURPLUS LAW ENFORCEMENT VEHICLES TO EDUCATIONAL INSTITUTIONS WITHOUT ADVERTISEMENT FOR BIDS OR PUBLIC AUCTION WHEREAS, the Petaluma City Council recognizes the importance of maintaining quality training for police officer recruits attending the regional police academy at Santa Rosa Junior College; and, WHEREAS, the Santa Rosa Junior College is forced to rely upon the support of local law enforcement in continuing to provide police vehicles that enhances the training environment at the regional police academy; and, WHEREAS, the Santa Rosa Junior College Training Center has expressed a substantial need in keeping its training vehicle fleet as modern and reliable as possible; and, WHEREAS, the sale of used Petaluma police vehicles destined for surplus, at a reduced cost, would facilitate the ongoing quality of law enforcement training offered by the Santa Rosa Junior College Training Center. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Ordinance No. 2223 N.C.S. Page 1 1 2 3 4 5 Ci 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Section 1. Addition. Section 3.12.045 is hereby added to the Petaluma Municipal Code to read as follows: 3.12.045 Certain transactions exempt from auction or bidding. A. Notwithstanding any other provision of this chapter, any police vehicles declared to be surplus by the Police Chief, regardless of value, may be sold by the City Manager to any educational institution, or political subdivision thereof, without public auction or advertisement for bids, if the City Manager finds that the sale will enhance peace officer training. B. Prior to executing a bill of sale for property covered by this section, the City Manager shall obtain a written waiver from the purchasing agency releasing the City and its officers and employees from all liability related to the sale. All property sold pursuant to this section must be accepted by the purchasing agency without any warranty or guarantee regarding the condition of the property. C. The City Manager is authorized to sign bills of sale and any other papers or documents evidencing sales under this section. Section 2. If any section, subsection, sentence, clause or phrase or word of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid. Section 3. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 4. The City Clerk is hereby directed to post this ordinance for the period and in the manner required by the City Charter. Ordinance No. 2223 N.C.S. Page 2 I INTRODUCED and ordered posted/published this 19th day of September, 2005. 2 3 ADOPTED this _ day of 4 5 AYES: 6 NOES: 7 ABSENT: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 ATTEST: Claire Cooper, City Clerk 2005 by the following vote: David Glass, Mayor APPROVED AS TO FORM: Richard R. Rudnonsky, City Attorney Ordinance No. 2223 N.C.S. Page 3