HomeMy WebLinkAboutRes 2012-04-01 Agreement Anna Fire-sell surplus equipment.pdfCITY OF ANNA, TEXAS
RESOLUTION NO. 2012-04-01
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN AGREEMENT
WITH ANNA FIRE AND RESCUE AUXILIARY ASSOCIATION, INCORPORATED,
FOR THE TRANSFER OF FURNISHINGS AND EQUIPMENT IN EXCHANGE FOR
THE PURCHASE OF FURNISHINGS AND EQUIPMENT FOR THE FIRE STATION
WHEREAS, the City Council ("Council") of the City of Anna, Texas ("City') wishes to
transfer ownership of certain personal property, specifically certain furnishings and
equipment that no longer have value for operational purposes; and
WHEREAS, the Council intends that said furnishings and equipment be transferred to
Anna Fire and Rescue Auxiliary Association, Inc. ("AFR") to be sold by AFR with the
proceeds being used by AFR solely for expenses directly associated with the purchase
of furnishings and equipment for the City's Fire Station; and
WHEREAS, the Council finds and determines that the furnishings and equipment
referenced in the foregoing paragraph furthers the City's public purpose of providing
facilities in the City's Fire Station that support the City's ability to protect the health,
safety and welfare of the City's citizens and the general public; and
WHEREAS, the Council finds that the Agreement attached hereto as Exhibit A
("Agreement") provides sufficient safeguards to assure that all value provided by the
City under the Agreement will be used solely for a public purpose;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Agreement
The Council hereby approves the Agreement, attached hereto as EXHIBIT A,
incorporated herein for all purposes, and authorizes the City Manager to execute same
on its behalf.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 24th
day of April, 2012.®,
APROVE _ATTEST:
bawe�ffR. bi- Mayor N a Wilkison, Cit Secretary
RES. 2012-04-01 Agreement Anna Fire -sell stiorasie40ioll ", PAGE 1 04-24-12
AGREEMENT
This Agreement (this "Agreement") is made by and between the City of Anna, Texas
("City"), and Anna Fire and RescueAu liary Incorporated ("AFR") and is
entered into on this to day of /�' , 2012.
Section 1. Summary
For and in consideration of the mutual promises and obligations set forth herein, this
Agreement governs the transfer of ownership by the City to AFR of certain Furnishings
and Equipment, in accordance with the provisions of this Agreement.
Section 2. Definitions
Meanings. For purposes of this Agreement, the following meanings shall apply:
(1) City shall mean the City of Anna, Texas, a home -rule municipality incorporated
under the laws of the State of Texas.
(2) AFR shall mean Anna Fire and Rescue Auxiliary Association, Incorporated, a
nonprofit corporation incorporated under the laws of the state of Texas.
(3) Furnishings and Equipment shall mean items of personal property in the City of
Anna Fire Station transferred under this Agreement that that no longer have value
for operational purposes as determined by the City Manager, specifically including
three refrigerators, a gas commercial grade griddle, two deep fat fryers, various
cabinets, vent a hoods and kitchen items, and a box freezer.
Section 3. General Requirements
(1) The City will deliver the Furnishings and Equipment to AFR.
(2) AFR shall undertake to sell the Furnishings and Equipment at a garage sale or
other method of sale approved by the City Manager that will provide members of
the public a fair opportunity bid on or otherwise make an offer to purchase said
Furnishings and Equipment.
(3) AFR will use all proceeds from the sale of the Furnishings and Equipment to
purchase furnishings and equipment for the City of Anna Fire Station as authorized
by the City Manager.
(4) AFR shall promptly return to the City any Furnishings and Equipment that it is
unable to sell in accordance with this Agreement.
Section 4. Amendment
AGREEMENT PAGE 1OF4
This Agreement may not be amended except pursuant to a written instrument signed by
both parties.
Section 5. Notice
Notice as required by this Agreement shall be in writing delivered to the parties via U.S.
certified mail, return receipt requested, at the addresses listed below:
City of Anna
City Manager
City of Anna
111 N. Powell Parkway
Anna, Texas 75409
AFR President
305 S. Powell Parkway
Anna, Texas 75409
Each party shall notify the other in writing within 10 days of any change in the
information listed in this section.
Section 6. No Waiver of Immunity; No Third -Party Beneficiaries
Nothing in this Agreement waives any governmental immunity available to the City
under Texas law. The provisions of this Agreement are solely for the benefit of the
parties hereto and are not intended to create or grant any rights, contractual or
otherwise, to any other person or entity.
Section 7. Entire Agreement
This Agreement represents the entire and integrated Agreement between the City and
AFR and supersedes all prior negotiations, representations and/or agreements, either
written or oral with respect to the matters set forth herein.
Section 8. Governing Law and Venue
This Agreement shall be governed by the laws of the State of Texas as to interpretation
and performance. Any and all legal action necessary to enforce this Agreement shall be
brought in a court of competent jurisdiction in Collin County, Texas.
Section 9. Severability
The provisions of this Agreement are severable. In the event that any paragraph,
section, subdivision, sentence, clause, or phrase of this Agreement shall be found to be
contrary to the law, or contrary to any rule or regulation having the force and effect of
the law, such decisions shall not affect the remaining portions of this Agreement.
Section 10. Contract Interpretation
AGREEMENT PAGE 2 OF 4
This Agreement is the result of negotiation between the parties, and shall, in the event
of any dispute over the meaning or application of any portion thereof, be interpreted
fairly and reasonably, and not to be more strictly construed against one party than
another, regardless of which party originally drafted the section in dispute.
Section 11. Force Majeure
If a party is prevented or delayed from performing any of its obligation hereunder due to
a natural or manmade event or condition not caused by such party and beyond such
party's reasonable control, then such party's performance of those obligations shall be
suspended until such time as the event or condition no longer prevents or delays
performance. If any event or condition results in the creation of amounts of refuse in
excess of ordinary amounts, then the parties shall discuss, but shall not be bound to
conclude, terms and conditions for collection of those excess amounts.
AGREEMENT PAGE 3 OF 4
Section 12. Assignment
It is understood and agreed that AFR shall not assign, sublet, or transfer any of the rights
and duties under the terms of this Agreement without the prior written approval of the City.
Section 13. Effective Date
This Agreement shall be effective upon the date first stated herein, and performance of
such Agreement shall begin as soon thereafter as practicable, or as specified herein.
SIGNATURES:
Anna Fire and Rescue Auxiliary Association,
Incorporated
By:///"—
Frank Roma, its President
AGREEMENT PAGE 4 OF 4