Resolution 11074CITY OF ALAMEDA RESOLUTION NO. 11074
AUTHORIZING EXECUTION OF SETTLEMENT AGREEMENT WITH
WESTERN TRACTION CO. IN REGARD TO STREET SWEEPERS
WHEREAS, the City entered into a contract with Western
Traction Company on May 20, 1985 for the purchase of two FMC
Model 2 -V3000 High Dump Air Street Sweepers; and
WHEREAS, the sweepers have not operated in a satisfactory
manner and have not met the implied warrant or merchantability;
and
WHEREAS, on June 24, 1986, the City filed a complaint for
restitution, rescission of contract and breach of contract; and
WHEREAS, Western Traction Company has agreed to accept
return of the two FMC Model 2 -V3000 Sweepers and deliver to
the City two (2) Vanguard 3000 Broom Sweepers which meet the
requirements of the Public Works Department; and
WHEREAS, a proposed agreement setting forth the terms and
conditions of the settlement of this matter has been submitted to
the Council;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of Alameda that the Mayor of the City of Alameda is hereby
authorized and directed to execute, for and on behalf of the
City, that certain settlement agreement referred to above and the
City Clerk is hereby directed to attest to same.
I, the undersigned, hereby certify that the foregoing
Resolution was duly and regularly adopted and passed by
the Council of the City of Alameda in regular meeting
assembled on the 16th of December, 1986,
by the following vote to wit:
AYES: Councilmembers Corica, Hanna, Lucas, Monsef
and President Diament - 5.
NOES: None.
ABSENT: None.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of said City this 17th day of
December, 1986.
City C k of the City of Alameda