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HomeMy WebLinkAboutOrdinances Book 11, Page 503, No Ordinance Numbern 503 I ---- AN ORDINANCE PROVIDING FOR THE PURCHASE OF ONE (1) TYPE 85 TRIPLE COMBINATION PUMPING ENGINE FROM THE MACK MANUFACTURING CORPORATION OF LONG ISLAND, NEIN YORK, FOR THE SUM OF $13,894.76; AUTHORIZING GENE PEAK, THE MAYOR, OR STUART JOHNSTON, THE MAYOR PRO TEM, TO SIGN ON BEHALF OF THE CITY OF PADUCAH A CONTRACT FOR THE PURCHASE OF SAID PUMPING ENGINE; AND PRESCRIBING THE TERMS AND CONDITIONS TO BE CONTAINED THEREIN WHEREAS, The Track Manufacturing Corporation has agreed to sell to the City of Paducah, subject to the terms and conditions hereafter set out, one (1) type 85 Triple Combination Pumping Engine, for the sum of+?13,894.76, the specifications of which engine are more particularly described in the specifications on file herewith, the same being marked for identification "Mack Fire Apparatus Exhibit No. 1", "City's Resolution, Exhibit No. 1", and "City's Resolution, Exhibit No. 2"; and WHEREAS, the bid of the Mack Manufacturing Corporation was the lowest and best bid submitted; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSION- ERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the offer of the Mack Manufacturing Corporation of Long Island, New York, for the sale of one (1) type 85 Triple Combination Pumping Engine to the City of Paducah be, and the same is hereby accepted upon the condition that said Company will sign, execute and enter into a contract with the City of Paducah, said contract to contain the following terms, conditions and agreements: "That the Seller (meaning the Mack Manufacturing Corporation) hereby agrees to sell to the City (meaning the City of Paducah) one (1) type 85 Triple Combination Pumping Engine for the sum of $13,894.76, and said combination pumping engine when delivered to the City of Paducah shall conform to the specifications hereto attached, the same being marked for iden- tification 'Mack Apparatus Exhibit No. 11, and they shall also meet the requirements set forth in the specifications -con tained in a Resolution adopted by the Board of Commissioners on February 24, 1948, as will be shown in Ordinance Book 11, page 43C and in the amendment thereto which was adopted by said board on March 2, 1948, as will be shown in Ordinance Book 11, page 448, of the official records of the City of Paducah, a certified copy 504 of each of which resolutions is filed herewith and as a part of this contract marked 'City's Resolution, Exhibit No. 11, and i'City's Resolution, Exhibit No. 21, said specifications being (referred to and made a part of this ordinance to the same extent (las if fully copied herein. "The purchase price for said combination pumping engine shall be paid in cash when it has been delivered to and accepted y the city, and as a further consideration of the agreement of the City to pay $13,894.76 for said pumping engine, the Seller hereby agrees: (1) To guarantee said pumping engine against defective 'workmanship and material for a period of five (5) years from the date of delivery of said engine to the City. (2) To deliver said pumping engine not later than 'November 1, 1948 and to execute and deliver to the city simul- taneously with the execution of this contract a bond in the sum of 4,2000.00 conditioned upon the faithful performance of the provisions that in the event said pumping engine shall not be (delivered to the city on or before November 1, 1948, as a result of any delay other than that caused by strikes, lockouts or other labor trouble, fire, war, tornado, flood or other unavoidable casualty beyond the control of the Seller, this contract and all rights acquired by the Seller thereunder shall be cancelled and forfeited, and the sum of $2000.00 shall be paid to the city as liquidated damages for its breach. Said bond shall be in form and substance and have corporate surety approved by the City Manager. (3) Said engine shall be sold, assigned and transferred to the City free and clear of all liens and encumbrances of every kind, and under the instrument of the Bill of Sale or other instrument of conveyance the Seller will covenant that it is the sole owner of said property and has full right and power to transfer title to the same. SECTION 2. That Gene Peak, Mayor of the City of Paducah, or Stuart Johnston, Mayor Protem, is hereby authorized and empowered, for and on behalf of the City of Paducah to enter into and execute the foregoing contract containing the terms, conditions and specifications under which said pumping engine shall be purchased. SECTION 3. This ordinance shall be introduced at a regular meeting 1 of the Board of Commissioners and remain on file for public in- jispection one (1) week in the completed form in which it shall be 505 Put upon its final passage. In order to protect the City of Paduce and its citizens against loss by fire, the pumping engine should be available for use at the earliest possible date, and as it is necessary to immediately place an order for the purchase of said engine if it is to be delivered in the year 1948, an emergency is hereby declared to exist and this ordinance shall be in full force and effect from and after its adoption. =� f iGJ�-Crr�- Na yZ5,,Fro tem Geo E. Allen, Commissioner Introduced by the Board of Commissioners April 20, 1948 Passed by the Board of Commissioners, April 27, 1948 Recorded by Sarah Thurman, City Clerk, April 27, 1948