HomeMy WebLinkAbout09737 ORDINANCE NO. 9737
AN ORDINANCE APPROVING AN AGREEMENT TO DONATE
PROPERTY AND RELEASE OF CLAIMS BETWEEN CITY OF
PUEBLO AND RYE FIRE PROTECTION DISTRICT RELATING
TO ONE 1992 FIRE PUMPER
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Agreement to Donate Property and Release of Claims between City of Pueblo and
Rye Fire Protection District (“Agreement”) relating to one 1992 Pierce Dash Pumper, a copy of
which is attached hereto, having been approved as to form by the City Attorney, is hereby
approved.
SECTION 2.
The Mayor is authorized to execute the Agreement in the name of the City and the City
Clerk is directed to affix the seal of the City thereto and attest same.
SECTION 3.
The officers of the City are directed and authorized to perform any and all acts consistent
with the intent of this Ordinance and the attached Agreement to effectuate the policies and
procedures described therein.
SECTION 4.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on June 22, 2020 .
Final adoption of Ordinance by City Council on July 13, 2020 .
President of City Council
Action by the Mayor:
☒ Approved on July 15, 2020 .
□ Disapproved on based on the following objections:
_
Mayor
Action by City Council After Disapproval by the Mayor:
□ Council did not act to override the Mayor's veto.
□ Ordinance re-adopted on a vote of , on
□ Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
City Clerk’s Office Item # R-6
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: June 22, 2020
TO: President Dennis E. Flores and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Brenda Armijo, City Clerk
FROM: Barb Huber, Fire Chief
SUBJECT: AN ORDINANCE APPROVING AN AGREEMENT TO DONATE PROPERTY AND
RELEASE OF CLAIMS BETWEEN CITY OF PUEBLO AND RYE FIRE
PROTECTION DISTRICT RELATING TO ONE 1992 FIRE PUMPER
SUMMARY:
The attached Ordinance and Agreement authorize the donation of property and release of claims
between the City of Pueblo and Rye Fire Protection District in relation to a used and surplus fire
pumper that the Pueblo City Fire Department is currently in possession of.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
This Agreement allows the Donor (City of Pueblo Fire Department) to transfer a surplus fire
pumper to Donee (Rye Fire Protection District). Donor owns a 1992 Pierce Dash Pumper that is
surplus to its needs. Donee has agreed to accept the property in its current condition without
warranty and releases the Donor from any and all claims and demands with respect to the
condition or future use of the property being donated.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
STAKEHOLDER PROCESS:
Not applicable.
ALTERNATIVES:
The alternative is to take no action and allow the surplus equipment to be disposed of according
to City practice for surplus property.
RECOMMENDATION:
Approval of the Ordinance.
Attachments: Donation Agreement
AGREEMENT TO DONATE PROPERTY
AND
RELEASE OF CLAIMS
THIS AGREEMENT to Donate Property and Release of Claims ("Agreement") is made
and entered into this 13+k day of S ‘no--`1 ,2020,by and between Pueblo,a Municipal
Corporation ("Donor") and Rye Fire Protection District ("Donee").
WITNESSETH:
WHEREAS, Donor owns one 1992 Pierce Dash Pumper, Serial No. 4PICT02D9NA000379, City
Shop No. 081-016 (herein the "Property") which is surplus to its needs and is willing to transfer
the Property to Donee; and
WHEREAS, the Donee has agreed to accept the Property in its current condition without
warranty and to release Donor from any and all claims and demands with respect to the condition
or future use of the Property; and
WHEREAS, the parties desire to enter into this Agreement setting forth the terms and
conditions of the transfer of the Property.
NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby
acknowledged, the parties hereto agree as follows:
1. Transfer. City transfers all its right, title, and interest in and to the Property to the Donee
and Donee accepts such transfer.
2. Disclaimer of Warranty. DONEE ACCEPTS THE PROPERTY"AS IS, WITH ALL ITS
FAULTS." DONOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO
ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE
DESIGN, OPERATION OR CONDITION OF THE PROPERTY, ITS
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, THE
ABSENCE OF LATENT OR OTHER DEFECTS (WHETHER OR NOT
DISCOVERABLE), AND DONOR HEREBY DISCLAIMS THE SAME.
3. Release and Discharge. Donee agrees to completely release and forever discharge Donor
and their agents, employees and officers of and from any and all claims, liabilities, or
causes of action, whether known or unknown, disclosed or undisclosed, material or
immaterial, liquidated or unliquidated, which Donee or its officers, agents and employees
may have or may hereafter have against the Donor for or by reason of any matter, cause,
or thing relating to the transfer, use, or condition of the Property.
4. Donee shall indemnify, defend and hold harmless the Donor and its officers agents and
employees from any and all claims, actions, assessments, demands, liabilities, causes of
action, whatsoever which may arise after the date of this Agreement out of the transfer,
use, operation, or condition of the Property.
5. The parties hereto agree to execute such other documents and to take such other actions,
which may reasonably be necessary to further the purpose of this Agreement.
6. This Agreement shall be binding upon and inure to the benefit of the parties hereto and
their respective successors, and assigns.
7. This Agreement constitutes the entire understanding between the parties pertaining to the
subject matter hereof and supersedes any prior understandings, representations,warranties,
and agreements between the parties hereto pertaining to the subject matter hereof, and may
be modified only by a written agreement signed by all of the parties hereto.
8. The person signing this Agreement on behalf of Donee represents and warrants that he or
she has the requisite power and authority to enter into,execute, and deliver this Agreement
on behalf of Donee and that this Agreement is a valid and legally binding obligation of
Donee enforceable against it in accordance with its terms.
IN WITNESS WHEREOF, the parties have entered into this Agreement the day and year
first written above.
DONOR
CITY OF PUEBLO
•
Dna& ,AAJVA1) By -74,deregfrofiSeasigi;
City Clerk Mayor
DONEE
RYE FIRE PROTECTION DISTRICT
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By
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ATTEST:
Name:
Title: