AN ORDINANCE AUTHORIZING AND DIRECTING THE ORDERING, FINANCING, AND PURCHASING OF A SEWER EQUIPMENT OF AMERICA 900 ECO COMBINATION SEWER TRUCK, AND AUTHORIZING THE TRADE-IN OF THE VILLAGE’S OBSOLETE VACTOR COMBINATION SEWER TRUCK

WHEREAS, the Village Council has previously acknowledged that the Village’s Vactor Combination Sewer Truck is obsolete, and that the Village of Killbuck is in need of a new sewer truck; 

WHEREAS, the Village has been advised by third parties that the Village’s Vactor Combination Sewer Truck has no value;

WHEREAS, the Village Council has previously authorized the ordering of a replacement sewer truck;

WHEREAS, a proposal has been received from Brown Equipment Company for the Village to purchase a Sewer Equipment Company of America 900 ECO Combination Sewer Truck Ingle Axle 9 Yard, pursuant to the applicable State Cooperative Purchasing Program price, terms, and conditions set forth in State of Ohio Schedule/Contract No. 800729 and STS Index No. STS670 (the “State Cooperative Purchasing Program Contract”);

WHEREAS, the State Cooperative Purchasing Program Contract is attached hereto.

WHEREAS, purchases made through the State Cooperative Purchasing Program are exempt from competitive bidding requirements;

WHEREAS, Brown Equipment Company’s proposal includes a credit for the Vactor Sewer Truck, which will be applied to the purchase price of the new Sewer Equipment Company of America Sewer Truck;

WHEREAS, the Village intends to finance the acquisition of the new sewer truck utilizing financing provided by TCF National Bank;

WHEREAS, a financing “quotation” from TCF National Bank is attached hereto;

WHEREAS, Brown Equipment Company has requested that the Village execute the “Vehicle Quote,” which is attached hereto, confirming the Village’s order of the new sewer truck from Brown Equipment Company; and

WHEREAS, the Village is in need of a new sewer truck and proceeding with the purchase of the new sewer truck through the State Cooperative Purchasing Program and trade-in of the Village’s Vactor Combination Sewer truck is in the best interest of the Village of Killbuck.

NOW THEREFORE, BE IT ORDAINED by the Council of the Village of Killbuck, Holmes County, Ohio:

Section 1. The Village’s Vactor Combination Sewer Truck is obsolete or unfit for the use for which it was acquired, and has been determined by third parties to have no value. Accordingly, the Village’s Vactor Combination Sewer Truck may be traded-in in connection with the acquisition of the new Sewer Equipment Company of America Sewer Truck from Brown Equipment Company, for the Trade-In Value determined by Brown on the Vehicle Quote attached hereto.

Section 2. The Council of the Village of Killbuck approves the ordering, financing, and purchasing of the Sewer Equipment Company of America 900 ECO Combination Sewer Truck Ingle Axle 9 Yard pursuant to the applicable State Cooperative Purchasing Program price, terms, and conditions set forth in State of Ohio Schedule/Contract No. 800729 and STS Index No. STS670 (the “State Cooperative Purchasing Program Contract”) and the finance lease documents to be entered into with TCF Financial Bank at a later date.  The Village Fiscal Officer and Mayor are authorized to execute the Brown Equipment Company Vehicle Quote attached hereto.  As set forth in the Vehicle Quote, the cost of the new sewer truck is $388,719.18 and the trade-in value of the Vactor sewer truck is $45,000.00, resulting in a purchase price of $343,719.18 for the new sewer truck.  The Council for the Village of Killbuck approves the price and values set forth on the Brown Equipment Company Vehicle Quote. 

Section 3. The Council for the Village of Killbuck approves the financing “quotation” from TCF National Bank which is attached hereto.

Section 4. The Fiscal Officer and/or Mayor are authorized to execute all agreements and documents necessary to carry out the acquisition of the new sewer truck.

Section 5. It is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of 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.

Section 6. This Ordinance shall take effect upon adoption by Council and signature of the Mayor or after the earliest period allowed by law.

Passed this 19th day of April, 2021.

SIGNATURES ON FILE