Ordinance 2015-15: Sale of 1989 Fire Truck

ORDINANCE NO. 2015-15

 

AN ORDINANCE AUTHORIZING SALE OF PERSONAL PROPERTY, CONSISTING OF A 1989 GMC FIRE TRUCK, AND DECLARING THE SAME AN EMERGENCY

 

WHEREAS, the Village of Antwerp (the “Village”) has determined that certain personal property as hereinafter described (the “Personal Property”) is no longer needed for any municipal purpose; and

 

WHEREAS, the Personal Property is described as a 1989 GMC Fire Truck, Model: CJ 8C042, Vehicle Identification No: 4GDP8C1YXKV801063; and

 

WHEREAS, the Village desires to dispose of said Personal Property as provided by Ohio Revised Code §721.15.

 

NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Antwerp, Paulding County, State of Ohio:

 

Section 1.  The Personal Property described as a 1989 GMC Fire Truck, Model: CJ 8C042, Vehicle Identification No: 4GDP8C1YXKV801063, be sold by the Mayor and Fire Chief as provided by §721.15 of the Ohio Revised Code, to the highest and best bidder, after advertising for not less than two (2) nor more than four (4) consecutive weeks in The West Bend News, being a newspaper of general circulation within the Village.

 

Section 2.  That the following be additional conditions of sale:

 

(a)        Said Personal Property is being sold “AS IS” and without any warranty whatsoever as to the condition thereof and any and all engines, pumps, electrical and/or mechanical systems contained therein shall be accepted by the successful highest and best bidder “AS IS”, and without any warranty whatsoever as to the condition thereof.

 

(b)        Ten percent (10%) of the purchase price to be deposited with the bid in cash or by certified check with the Village and the balance to be paid at closing to be held within fifteen (15) days after the acceptance of the bid by the Village.

 

(c)        The Village reserves the right to reject any and all bids.

 

(d)        Successful bidder agrees to defend, indemnify, and save the Village harmless from and against any and all costs, claims, fees, expenses, or liabilities relating to said Personal Property and from and against any and all loss, damage, cost, expense or liability based on personal injury, death, loss, or damage to said Personal Property suffered or incurred by any party and arising out of or attributable to said Personal Property.

 

Section 3. That the Mayor and Fire Chief make a written contract with the highest and best bidder upon such additional terms as is necessary to effectuate the disposition of said Personal Property.

 

Section 4. It is found and determined that all formal actions of the Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of the Council and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements including all lawful ordinances and any applicable provisions of Section 121.22 of the Ohio Revised Code.

 

Section 5. This Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public health, safety and welfare of the Village and for the further reason that the Village has personal property that is no longer needed for any municipal purpose, which must be sold as provided in Ohio Revised Code § 721.15, and this Ordinance shall be in full force and effect immediately after its passage; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

 

 

Date: ________________                                           ___________________________________

Thomas D. VanVlerah, Mayor

Attest:

 

_______________________________

Aimee Lichty, Fiscal Officer