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RESOLUTION 2018-04

RESOLUTION NO. 2018-04

A RESOLUTION AUTHORIZING THE FILING OF A LAWSUIT TO RECOVER POSSESSION OF THE 1994 KME LADDER FIRE TRUCK

 

WHEREAS, the City acquired a 1994 KME Ladder Fire Truck, hereinafter Ladder Truck, in 2009 pursuant to Ordinance No 2009-02 for use by the Johnson Area Volunteer Fire Department, hereinafter JAVFD;

WHEREAS, in 2016 the truck developed fluid leaks and was consuming much more fuel than it had previously;

WHEREAS, the Ladder Truck was initially driven to Truck Centers of NWA, however, that repair facility, due to the type of engine and suspected problems would not begin repairs;

WHEREAS, the Ladder Truck was driven to Arkansas Diesel & Equipment Repair, hereinafter ADER, on East Emma in Springdale in January of2017 for evaluation of the problems and repair;

WHEREAS, ADER agreed to replace the engine in the Ladder Truck with a rebuilt engine for an "out the door" price of $20,000.00;

WHEREAS, an employee of the City and representatives of the JAVFD went to ADER on Monday, February 12, 2018, prior to picking up the Ladder Truck on February 14, and discovered several problems with the Ladder Truck;

WHEREAS, ADER refused to return the Ladder Truck on February 14, 2018, without full payment despite an offer to allow third parties to inspect the Ladder Truck and determine the monies owed ADER; and,

WHEREAS, despite the Mutual Aid Agreements with neighboring cities the JAVFD's ability to protect certain persons and property within the City is manifestly reduced by the continued unavailability of the Ladder Truck.


NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF JOHNSON, ARKANSAS, that:


Section 1: The Mayor is hereby authorized to direct the filing of a lawsuit against ADER (or such legal entity or person(s) as may own/operate ADER) to recover possession of the Ladder Truck.
Section 2: The Mayor may utilize the services of the City Attorney or of another lawyer or law firm to prosecute such lawsuit. However, any new Engagement Letter must be approved by this Council before fees/costs in excess of $ are incurred.
Section 3: That the commencement of a lawsuit will no doubt cause the City to incur costs/expenses in addition to the legal fees involved including additional time by employees of the City, and the JAVFD, plus obtaining expert witness testimony and other expenses; and this decision is not easily made.

PASSED AND APPROVED this 22nd day of February, 2018.

ATTEST: