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HomeMy WebLinkAboutOrdinance 409 N.C.S. 09/07/19551 ORDINANCE NO. 409 N. C. S. Introduced by Councilman GEORGE A. NORWOOD Seconded by Councilman ALBERT J. BIGELOW . AN ORDINANCE PROVIDING FOR THE PROCUREMENT OF AN AER- IAL LADDER TRUCK AND AP- PURTENANCES TO:BE FURNISHED UNDER A LEASE CONTRACT WITH OPTIONS TO PURCHASE. BE IT ORDAINED BY THE COUN- CIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. That the City of Peta- luma shall procure the use of an aerial ladder truck and. appurtenances for the Fire Department which shall be manufactured in accordance and in compliance with those certain spe- cifications, entitled, "Specifications for Furnishing the City of Petaluma One Aerial Ladder Truck with 85 Foot Steel Ladder and Appurten- ances", submitted and signed by the Fire Chief and filed with the City Clerk on the 29th day of August, 1955, which said 'specifications are hereby adopted and approved as the specifications for said truck. Section 2. That said aerial ladder truck and appurtenances shall be furnished to the City of Petaluma under a lease contract with options to purchase, submitted by the per- son, firm or corporation determined by the Council to be the lowest re- sponsible bidder, after advertising for sealed proposals in the manner and for the period required by Sec- tion 68 of the City Charter, and pub- lished pursuant to Resolution No. 1543 N. C. S., adopted on the 29th day of August, 1955. Section 3. That said lease contract with options to purchase shall con- tain and include the following pro- visions, to wit: 1. The rental price for each year of the contract, 2. The agreed depreciation values and sale prices which the City shall be required to pay upon exercising its option to purchase such equip- ment during said contract. 3. That the City shall maintain said equipment during the time the same is in its possession under said lease contract at its own expense and risk, paying all costs, expenses, charges and liabilities which may be imposed or assessed on account of the possession of said equipment and that during such time the City shall be liable for the damage to or destruction of said equipment, except where caused by defective materials - 6i workmanship, and i shall be required to promptly re- place or repair the same or pay the value thereof in cash, and that the City shall not be entitled to any i reduction for' rental during the time such apparatus is out of re- pair, except 'where such repair is required because of defective ma- terials or workmanship. 4. If the City fails to pay the first or any of the other annual rental . payments,. or other payments re- quired under said agreement, then tife successful bidder, its servants, agents, attorneys or representa- tives may take possession of said equipment and repossess said•prop- erty, in which event the successful bidder shall have the right to re- tain any and all rental payments made to it by the City prior to the time of such failure to pay and the City shall be and remain liable to such successful bidder for any and all rental or other payments pay- able under the provisions of said contract and unpaid at the time of said retaking. 5. That the rental payments and amounts of options shall be based upon delivery f.o.b. the City of Petaluma, provided, however, that if the City determines to take de- livery at the factory of the manu- facturer, credit shall be given to the City on the first years rental, to be specified in the bid. 6. The successful bidder shall ac- cept as part payment of the first year's rental an amount offered in consideration for the sale and trans - fpr by the City to the successful bidder of a 1924 . American La France 1000. gallon pumper and a 1924 International City Service lad- der truck. Section _ 4. That all. amounts paid under said lease contract authorized by this ordinance shall be charged against Budget Section 50.520, pro- vided, however, that the Council may, by resolution, authorize such pay- ments out of any funds legally avail- able for such payments during the current fiscal year when the same are made. Ordered published this 29th day of August, 1955. AYES: Councilmen, Adams, Bigelow, . Brown, Gustafson, Norwood, and Mayor Schoeningh. NOES: Councilman King. ABSENT: None. Signed VINCENT J. SCHOENINGH, Mayor. Attest: GLADYS R. WALLIN, City Clerk. /2 0 I hereby certify that the within ordinance was published in full once in the Petaluma Argus- Courier, a daily paper of general circulation, published with the City of Petaluma, to -edit: August 31, 1955, and that the said Petaluma Argus Courier is the official newspaper of the , City of Petaluma. I hereby certify ; that. the whole number of members of the Council of the City of Petaluma is seven, and,_ that the foregoing ordinance was passed by the Council at its meeting of the 7th day of September, 1955, by the following vote; to -wit: AYES: Councilmen Bigelow, Brown, Gustafson, Norwood and 14ayor__Schoeningh. NOES:, Councilman Ding. ABSENT: C oun c i eLmar Adams. ATTEST ; G _.v�- / G�� �i'u (SEAL) - City Clerk The foregoing Ordinance Number 409 been regularly passed and presented - to me this 7th day of September, 1955, : is hereby. approved ?zee this-7th day 'of September, 1955._ EFFECTIVE DATE: October 7, 1955. 1 1 1