HomeMy WebLinkAbout10689RESOLUTION NO. 10689
A RESOLUTION APPROVING AN EQUIPMENT TRANSFER AGREEMENT BETWEEN THE
CITY OF PUEBLO AND THE DR. MARTIN LUTHER KING JR. MUSEUM AND AUTHORIZING
THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE THE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Equipment Transfer Agreement between the City of Pueblo, a municipal corporation
and the Dr. Martin Luther King Jr. Museum, dated April 10, 2006, a copy of which is attached
hereto, having been approved as to form by the City Attorney, is hereby approved.
SECTION 2.
The President of City Council is hereby authorized to execute and deliver the Equipment
Transfer Agreement and Certificate of Title of the transit bus described therein, in the name of the
City, and the City Clerk is directed to affix the seal of the City thereto and attest the same.
INTRODUCED April 10, 2006
BY Randy Thurston
Councilperson
APPROVED: — ,
President of City Council
ATTESTED BY:
CITY CLERK
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Background Paper for Proposed
RESOLUTION
AGENDA ITEM #'*- I 1
DATE: April 10, 2006
DEPARTMENT: PUEBLO TRANSIT
DANIEL E. CENTA, P.E.
DIRECTOR OF PUBLIC WORKS
TITLE
A RESOLUTION APPROVING AN EQUIPMENT TRANSFER AGREEMENT BE
THE CITY OF PUEBLO AND THE DR. MARTIN LUTHER KING JR. MUSEUM AND
AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE THE SAME
ISSUE
Should the City Council transfer a 30 ft. transit bus to the Dr. Martin Luther King Jr. Museum.
RECOMMENDATION
Approval of Resolution.
BACKGROUND
The City of Pueblo Transit has accepted the exchange of five original 1948 -1967, 30 -ft. buses
from "Don's Sportscar Salvage" located at 1000 Kennie Rd., Pueblo, CO 8100 L The Dr. Martin
Luther King Jr. Museum has asked the City to transfer ownership of one bus to the Museum for
the purpose of promoting Black History education and recreate the story of Rosa Parks. This
donation will support the continuation of the museum's efforts to educate Pueblo, the surrounding
communities and the general public in Black History.
The Dr. Martin Luther King Jr. Museum has asked the City to transfer ownership of a 1966
historic 30 ft. transit bus to the Museum. The Museum will add this bus to its inventory and will
utilize it to support the continuation of the Museum's efforts to educate the general public in
Black History.
This resolution will transfer ownership of the bus from the City to the Museum with two
conditions. First, that the Museum shall not sell, transfer, or assign the transit bus to any other
party without the prior consent of the City Council, and second that should the Museum use or
display this bus for political purposes that they shall block out the name City of Pueblo or Pueblo
Transit from appearing on the bus.
FINANCIAL IMPACT
None.
EQUIPMENT TRANSFER AGREEMENT
THIS AGREEMENT entered into as of April 10, 2006, between the City of
Pueblo, a municipal corporation (the "City ") and the Dr. Martin Luther King Jr. Museum,
(the "Museum ") WITNESSETH:
WHEREAS, the City is the owner of one used transit bus which is surplus to its
needs, and
WHEREAS, the Museum desires to add the transit bus to their inventory for
historical purposes, and
WHEREAS, the City is willing to transfer the transit bus to the Museum and the
Museum is willing to accept the transit bus upon the terms and conditions herein set
forth.
NOW, THEREFORE, in consideration of $1.00 and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, and the
mutual covenants contained herein, the City and the Museum agree as follows:
The City does hereby transfer and assign to the Museum its right,
title and interest in and to the following described transit bus:
1966 GMC -35 foot bus VIN No. TDM3501462
and will assign and deliver to Museum the certificate of title to the
transit bus.
2. THE CITY TRANSFERS AND ASSIGNS THE TRANSIT BUS
TO THE MUSEUM AND THE MUSEUM ACCEPTS THE
TRANSIT BUS "AS IS ", WITHOUT WARRANTY, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR PARTICULAR PURPOSE.
3. The Museum shall be liable and responsible for, and shall defend,
indemnify and save the City harmless from and against any and all
claims, demands, loss, damage of injury, including death,
occasioned by or arising, in whole or in part, from the condition of
the transit bus, or the operation or use of the transit bus by the
Museum.
4. The Museum shall keep and maintain the transit bus in good
condition as part of the Museum's historical artifacts and shall not
sell, transfer or assign the transit bus or title thereto without the
prior consent of the City Council of Pueblo by resolution.
The Museum shall not use or display the transit bus for any
political purpose, whether partisan or nonpartisan, without first
covering or blocking -out the name "City of Pueblo' of "City" or
"Pueblo Transit" or similar names implying ownership or control
by the City or Pueblo Transit.
6. If the Museum defaults in or violates any provision of paragraphs 4
and 5 above, the Museum shall at the written request of the City,
return the transit bus and title thereto to the City.
This agreement constitutes the entire understanding of the parties
and supersedes any and all prior discussions, statements and
agreements.
Executed as of the day and year first above written.
The City of Pueblo, a Municipal Corporation
Attest: By
City C rk President of City Council
Dr. Martin Luther King Jr. Museum
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