The URL can be used to link to this page

Home My WebLink AboutR-2416-6-05RESOLUTION NO. 2416-6-05(R) ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE ATTACHED INTERLOCAL COOPERATION AGREEMENT BY THE CITY OF ALLEN WITH THE CITY OF MURPHY FOR THE SALE OF TWO POLICE MOTORCYCLES AND THE TRANSFER OF OWNERSHIP OF IDENTIFIED EXERCISE EQUIPMENT; AUTHORIZING EXECUTION OF THE INTERLOCAL AGREEMENTS BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 791 of the Texas Government Code, as amended, provides authorization for units of local government to enter into the Interlocal Cooperation Agreement attached hereto, to perform governmental functions and services; and, WHEREAS, the City of Allen desires to transfer, sell, convey, and the City of Murphy desires to purchase and acquire certain police motorcycles described in Exhibit "A" of the Interlocal Cooperation Agreement (the "Motorcycles"); and, WHEREAS, the City of Allen desires to give, donate and convey, and the City of Murphy desires to accept certain exercise equipment described in Exhibit `B" of the Interlocal Cooperation Agreement (the "Exercise Equipment"); and, ' WHEREAS, the parties have determined that the transactions contemplated herein are in the best interests of their citizens and promotes economic development; and, WHEREAS, the Motorcycles and Exercise Equipment are no longer needed by the City of Allen, and are needed by the City of Murphy in the performance of governmental functions; and, WHEREAS, any payments required by any party herein shall be made from current revenue; and, WHEREAS, the purchased, sale and donation of personal property by and between units of local government are exempt from competitive bidding requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The terms and conditions of the attached Interlocal Agreement, having been reviewed by the City Council of the City of Allen, Texas, and are hereby in all things approved. SECTION 2. The City Manager is hereby authorized to execute the attached Agreement and all other documents in connection therewith on behalf of the City of Allen, Texas. SECTION 3. This Resolution shall become effective from and after its passage. 1 [1 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 2e DAY OF JUNE, 2005. APPROVED: xw-fz Stephen termll, MAYOR VA w 1313 In li4�Q4� 5��A ShAley B. Geo e, C, CITY ORCRETARY Resolution No. 2416-6-05(R), Page 2 • STATE OF TEXAS § § Inter local Cooperation Agreement COUNTY OF COLLIN § This Interlocal Cooperation Agreement ("Agreement") is by and between the City of Allen, Texas ("Allen"), and the City of Murphy, Texas ("Murphy"), acting by and through their authorized officers. RECITALS: WHEREAS, Chapter 791 of the Texas Government Code, as amended, provides authorization for units of local government to enter into Inter -local Cooperation Agreements to perform governmental functions and services; and WHEREAS, Allen desires to transfer, sell, convey, and Murphy desires to purchase and acquire certain police motorcycles described in Exhibit "A" (the "Motorcycles"); and WHEREAS, Allen desires to give, donate and convey, and Murphy desires to accept certain exercise equipment described in Exhibit "B" (the "Exercise Equipmenf); and WHEREAS, the parties have determined that the transactions contemplated herein are in the best interests of their citizens and promotes economic development and WHEREAS, the Motorcycles and Exercise Equipment me no longer needed by Allen, and are needed by Murphy in the performance of governmental functions; and WHEREAS, any payments required by any party herein shall be made from current revenue; and WHEREAS, the purchase, sale and donation of personal property by and between units of local government are exempt from competitive bidding requirements; NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: Article I Purpose The purpose of this Agreement is to establish an agreement for the sale and transfer of the Motorcycles and the donation of the Exercise Equipment. Allen/Murphy ILA Motorcycles Page 1 of 9 743M Article II • Term 2.1 The term of this Agreement shall begin on the last date of execution hereof ("Effective Date") and continue until the parties have fully satisfied their respective obligations hereunder ('Expiration Date'), unless sooner terminated as provided herein. 2.2 This Agreement shall terminate upon any one of the following: (a) by written agreement of the parties; (b) Expiration Date; (c) by either party in the event the other party breaches any of the terms or conditions of this Agreement and such breach is not cured within thirty (30) days after written notice thereof; Article III Definitions For purposes of this Agreement, the following terms, phrases and words shall have the meanings given herein unless the context clearly indicates otherwise: • "Allen" means the City of Allen, Collin County, Texas, acting by and through its City Manager. U "Exercise Equipment" shall mean the exercise equipment more particularly described in Exhibit "B". "Motorcycles" shall mean the police motorcycles more particularly described in Exhibit 'A". "Murphy" means the City of Murphy, Texas, acing by and through its City Manager. "Property" shall collectively mean the Motorcycles and the Exercise Equipment. Article IV Project 4.1 Administration: The City Manager or designee for each party is authorized to act on behalf of the respective party in all matters relating to this Agreement. Allen/Murphy ILA Motorcycles Page 2 of 9 74334 • 4.2 Motorcycles: Allen agrees to sell and transfer all right, title and ownership in and to the Motorcycles to Murphy for the sales price of $2,000.00 per motorcycle for a sum total of $4,000.00. Allen shall execute or cause to be executed all necessary forms and instruments for the transfer of title of the Motorcycles to Murphy. Allen shall provide Murphy reasonable access to the site on which the Motorcycles are stored to allow Murphy to the remove and transport the Motorcycles following the purchase thereof. Murphy shall pay to Allen within 10 days after the Effective Date the sum of $2,000.00 for each motorcycle. Murphy shall also be responsible for the payment of any document or other fees for the transfer of the title of the Motorcycles. 4.3 Exercise Equipment. Allen agrees to convey and transfer all right, title and ownership in and to the Exercise Equipment to Murphy in exchange for the dismantling, removal and transport of the Exercise Equipment by Murphy. Allen shall execute or cause to be executed all necessary forms and instruments for the transfer of title of the Exercise Equipment to Murphy. Murphy agrees, without cost to Allen, to accept and dismantle, and transport the Exercise Equipment from Allen within 10 days after the Effective Date. Allen shall provide Murphy reasonable access to the site at which the Exercise Equipment is stored to allow Murphy to the remove and transport the same from Allen. 4.4 Property Sold AS IS. The Property is sold, transferred, conveyed and delivered to Murphy AS IS, WHERE IS, AND WITH ALL FAULTS and Allen makes no representation or warranty of any kind expressed or implied with respect to the • condition of the Property (including without limitation, the fitness for particular use or purpose or that the Property has been or will be suited for the intended purposes). To the maximum extent permitted by applicable laws, Allen hereby disclaims, and Murphy hereby waives the benefit of, any and all implied warranties of fitness or suitability for purpose. Alien does not warrant that there are no patent or latent defects in the Property. 4.5 Financial Oblieadons: Any costs or expenses incurred by any party as a result of this Agreement shall be paid from the current revenues available to the paying party. 4.6 Property Inspections. Murphy represents that prior to the Effective Date, Murphy will have fully inspected the Property and will have made all investigations as it deems necessary or appropriate and will be relying solely upon its inspection and investigation of the Property for all purposes whatsoever, including, but not limited to, the determination of the condition of the Property, and the character and suitability of the Property. Murphy acknowledges and agrees that the Exercise Equipment is being conveyed "AS IS" with all faults and defects, whether patent or latent, as of the Effective Date. There have been no representations, warranties, guarantees, statements or information, expressed or implied, pertaining to the Property, its condition, or any other matters whatsoever, made to or furnished to Murphy, by Allen or any officer, agent or employee of either, except as specifically set forth in this Agreement. Alleo/Mwphy ILA Motorcycles Page 3 of 9 74334 • Article V Miscellaneous 5.1 Assignment. This Agreement may not be assigned by any party hereto without the prior written consent of the other party. 5.2 Notice. Any notice, demand or request required or permitted to be delivered hereunder shall be deemed received when delivered in person or sent by United States Mail, postage prepaid, certified mail, or by hand -delivery or facsimile transmission addressed to the party at the address set forth below: If intended for City of Allen City of Allen Attn: Peter Vargas City Manager One Allen Civic Plaza Allen, Texas 75013 With copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. • 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 • If intended for City of Murphy: City of Murphy Attn: Craig Sherwood City Manager 206 North Murphy Road Murphy, Texas 75094 With copy to: Brown & Hofmeister, L.L.P. 740 East Campbell Road Suite 800 Richardson, Texas 75081 Any party may, at any time, by written notice to the other party, designate different or additional persons or different addresses for the getting of notices hereunder. Allen/Murphy ILA Motorcycles Page 4 of 9 74334 • 5.3 Amendment. This Agreement may be amended by the mutual written agreement of both parties hereto. 5.4 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. 5.5 Governine Law. The validity of this Agreement and any of its terms and provisions as well as the rights and duties of the parties, shall be governed by the laws of the State of Texas; and venue for any action concerning this Agreement shall be in the State District Court of Collin County, Texas. The parties agree to submit to the jurisdiction of said court. 5.6 Entire Agreement. This Agreement represents the entire agreement among the parties with respect to the subject matter covered by this Agreement. There is no other collateral, oral or written agreement between the parties that in any manner relates to the subject matter of this Agreement. 5.7 Recitals. The recitals to this Agreement are incorporated herein. 5.8 Exhibits. The exhibits to this Agreement are incorporated herein. • 5.9 Counterparts. This Agreement may be executed in any number of counterparts, each of whom shall be deemed an original and constitute one and the same instrument. 5.10 Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the termination of this Agreement shall survive termination. EXECUTED this Al/Aday of c)ltnr-- , 2005. CITY OF ALLEN, TEXAS Peter Varga ,City anager ATTEST: �/}�-�}� By: � �JO • Shelley George, City Sec Allen/Murphy ILA Motorcycles Page 5 of 9 74334 • APPROVED AS TO jFORM: Peter G. Smith,'City Attomey • C Allen/Murphy ILA Motorcycles Page 6 of 9 74334 EXECUTED this Aday of 2005. • CITY OF MURPHY, TEXAS By: Craig Rerwood, City Manager • • ATTEST: By: Armee Nemer, City Secretary Allen/Murphy ILA Motorcycles Page 7 of 9 74334 • Exhibit A Description and vehicle identification numbers of Motorcycles 2001 Kawasaki Model KZ1000 VIN JKAKZCP261B518878 2002 Kawasaki Model KZ1000 VIN JKAKZCP202B519610 • E Allen/Nimphy ILA Motomycles Page 8 of 9 743N • Exhibit B Description of Exercise Equipment Paramount Model 1800 Back and Ab machine Star Trac SL4100 Stair Stepper machine Paramount Model 200 Leg curl machine Paramount Model 1700 Bicep/Tricep machine Incline bench press bench—weights and bar not included • i Allen/Murphy ILA Motorcycles Page 9 of 9 74334