Resolution 1992-56
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RESOLUTION NO. 92- 56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY AUTHORIZING THE TRANSFER BY THE CITY
OF GILROY OF ALL FURNITURE, FIXTURES,
EQUIPMENT AND MACHINERY AND OTHER PERSONAL
PROPERTY OWNED BY THE CITY OF GILROY IN
CONNECTION WITH THE JOINT GILROY/MORGAN HILL
SEWAGE TREATMENT PLANT TO SOUTH COUNTY
REGIONAL WASTEWATER AUTHORITY, AND AUTHORIZING
EXECUTION OF BILL OF SALE
WHEREAS, the City of Gilroy, a municipal corporation
("Gilroy"), and the City of Morgan Hill, a municipal corporation,
have formed the SOUTH COUNTY REGIONAL WASTEWATER AUTHORITY, a
California Joint Exercise of Powers Authority organized and created
pursuant to the laws of the State of C"llifornia ("SCRWA"), for the
purpose of jointly managing and running the sewage treatment
facility identified in the Joint Exercise of Powers Agreement
Creating the South County Regional Wastewater Authority dated
May 19, 1992; and
WHEREAS, Gilroy desires to transfer to the SCRWA all of
Gilroy'S furniture, fixtures, equipment and machinery and other
personal property owned by Gilroy in connection with the Joint
Gilroy/Morgan Hill Sewage Treatment Plant (the "Property"), and to
evidence such transfer Gilroy wishes to execute a Bill of Sale
describing the Property to be transferred to SCRWA (the "Bill of
Sale") .
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The form, terms and provisions of the Bill of Sale,
together with all exhibits thereto, have been presented to The City
Council and reviewed by The City Council and the same are, in all
respects, approved;
2. The city Administrator of Gilroy, Jay Baksa, is
hereby authorized to execute and deliver, in the name of and on
behalf of Gilroy, the Bill of Sale in the form presented to The
RESOLUTION NO. 92 - 56
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city Council.
PASSED AND ADOPTED this 6th
day of July
, 1992,
by the following vote:
AYES:
COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON,
VALDEZ and GAGE.
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
AP~J~,~
Don Gage
Mayor
Susanne.steinmet
City Clerk
RESOLUTION NO. 92 - 56
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BILL OF SALE
This Bill of Sale is executed as of
July 6,
, 1992, by
and between the City of Gilroy, a Municipal corporation, and the
City of Morgan Hill, a Municipal corporation (collectively "City")
and the South County Regional Wastewater Authority, a California
Joint Exercise of Powers Authority organized and created pursuant
to the laws of the State of California ("Authority").
1. For value received, City hereby transfers, assigns and
delivers to Authority all of City's right, title and interest in
and to all furniture, fixtures, equipment, machinery and other
personal property owned by City or either entity comprising City,
and used in connection with the ownership, operation and management
of the Joint Gilroy/Morgan Hill Sewage Treatment Plant owned,
operated and maintained by City pursuant to that certain agreement
between the City of Gilroy and the City of Morgan Hill dated April
18, 1979 entitled "1979 Joint Exercise of Powers Agreement between
the City of Gilroy and the city of Morgan Hill Relating to Joint
Wastewater Management Facilities", as supplemented and amended,
including, but not limited to the items described on Exhibit "A"
attached hereto and made a part hereof (the "Personal Property").
2. City hereby represents and warrants to Authority that
ci ty is the owner of the Personal Property, that the Personal
Property is free and clear of all liens, charges and encumbrances,
and that the City has the full right, power and authority to
transfer the Personal Property and to make this Bill of Sale.
3. In any action between the parties arising out of this
\042\68600.1
23-063001501001 -1-
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Bill of Sale, the prevailing party shall be entitled to recover
reasonable attorneys' fees actually incurred by such party in such
action.
IN WITNESS WHEREOF, the parties have signed this Bill of Sale
on the date set forth below.
CITY:
Dated: July 6, 1992
CITY OF GILROY
a Munici oratl
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Dated: July 9, 1992
CITY OF MORGAN HILL,
a Municipal corporation
BY:~~~
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Its: Mayor Pro Tern
AUTHORITY:
Dated: July 9, 1992
SOUTH COUNTY REGIONAL WASTEWATER
AUTHORITY, a California Joint
Exercise of Powers Authority
organized and created pursuant to the
laws of e State of California
By:
Its: Chairperson
\042\68600.1
23-063001501001
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Exhibit "A"
Vehicles:
(360000)
'88
'85
'85
'91
'65
'77
'88
'88
'86
'72
Cab
'77
'77
'90
1/2 Ton Truck (300024)
Auto Sedan (26683360)
Auto Sedan (26683322)
Van (300100)
3/4T Truck (26663465)
1/2T Truck (26003414)
3/4T Truck (300030)
1/2T Truck (300039)
Boom Mower/Tractor (26664686)
D6C LGP Tractor (26664685)
for Existing D-6 (26664685)
Chisel Plow (26664917)
Ripper, Towable (26664914)
Disc, Stubble (300092)
Furniture/Eauipment: (310000)
'88 Air Compressor (26664133)
'74 Sprayer (26664911)
'82 6" Trash Pump (26664913)
'84 3" Trash Pump/Tow (26664918)
'79 6" Trash Pump (26664919)
'74 3" Sludge Pump (26664916)
'82 Welder/Generator (26667912)
'71 Tank, Fuel Trailer (26667931)
'88 Pressure Washer (300093)
'88 Electric Hoist (A1758)
1042168600.1
23-063001501001 -3-
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 92-56 is an original
resolution, duly adopted by the Council of the City of Gilroy at an
adjourned regular meeting of said Council held on the 6th day of
July
, 19~, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this 7th day of July ,1992.
City Clerk of
(Seal)