HomeMy WebLinkAboutResolution - 2014-R0429 - Interlocal Agreement - DART Authority - Surplus Buses - 12/18/2014Resolution No. 2014-RO429
Item No. 6.15
December 18, 2014
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Interlocal Agreement by
and between the City of Lubbock and the Dallas Area Rapid Transit Authority for the sale
of surplus buses to the City of Lubbock. Said Agreement is attached hereto and
incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
Passed by the City Council this 18th day of December . 2014.
z
.A' ROBERTSON,O•
ATTEST:
APPROVED AS TO CONTENT:
Bill erton, Assist ity Manager
APPROVED AS TO FORM:
Resolution No. 2014-RO429
AGREEMENT BETWEEN
CITY OF LUBBOCK AND
DALLS AREA RAPID TRANSIT
THIS AGREEMENT (Agreement) is by and between the CITY OF LUBBOCK, a municipal
corporation (Lubbock) existing under the laws of Texas and the DALLAS AREA RAPID
TRANSIT AUTHORITY (DART), a regional transportation authority organized and existing
under Chapter 452 of the Texas Transportation Code.
WHEREAS, THIS Agreement is made pursuant to the authority granted and in compliance with
the provisions of the Interlocal Cooperation Act, Texas Government Code, Chapter 791
WHEREAS, Lubbock's transportation service requirements exceed its capacity, and additional
buses are needed on an emergency basis to meet current necessary service level:
WHEREAS, DART has buses which have reached the end of useful life for DART and are
therefore surplus and require disposal as DART brings new buses on line;
WHEREAS, the surplus buses are identified as follows:
Bus
VIN #
Number
4841
4RKMWTPA3YR835008
4853
4RKMWTPA4YR835020
4857
4RKMWTPAI YR835024
4869
4RKMWTPA8YR835036
4899
4RKMWTPA6YR835066
4905
4RKMWTPAIYR835072
Collectively, the referenced buses are referred to herein as the Surplus Buses. Six buses
in total will be made available by DART under this Agreement.
WHEREAS, the Surplus Buses have exceeded the Federal Transit Administration (FTA) useful
life and are therefore fully depreciated and only have salvage value; and
WHEREAS, DART is willing and able to sell the Surplus Buses as a means of disposal by
DART.
Agreement between City of Lubbock and Page 1
Dallas Area Rapid Transit
NOW THEREFORE, for $10 for each Surplus Bus, $8,827 for the installed and spare bus tires
and other good and valuable consideration, DART agrees to sell, transfer and assign all its right,
title and interest in the Surplus Buses and Lubbock agrees to buy such right, title and interest in
the Surplus Buses under the following conditions:
1. DART shall provide Lubbock with Surplus Buses WHERE IS and AS IS. DART makes
no warranties regarding the suitability of the Surplus Buses for any intended purpose.
2. Lubbock agrees to be responsible for any coordination, if necessary, with the Federal
Transit Administration ("FTA"). DART will provide a copy of this Agreement to FTA upon
execution of the Agreement by the last party.
3. Lubbock agrees to remit to DART, prior to shipping, the following amounts:
a. For the thirty-six (36) Firestone tires installed on the Surplus Buses and six (6)
mounted used tires to be provided by DART at time of transfer, $8,827 for the
useable tread that remains on the tires, and
b. $10 for each Surplus Bus.
4. The Surplus Buses are located in Dallas, Texas, at one of DART's service facilities. The
terms of this sale are FOB, Dallas, Texas. Lubbock is responsible for any shipping or
transportation costs for the Surplus Buses from Dallas, Texas. The Surplus Buses are available
for pick up by Lubbock following execution of this Agreement by DART and Lubbock. At the
time that Lubbock picks up the Surplus Buses, DART will deliver titles to the Surplus Buses.
5. Lubbock agrees to properly dispose of the Surplus Buses upon its discontinuation of use
at its sole cost and expense.
6. The sale of the Surplus Buses shall be complete, final and effective upon execution of
this Agreement by both DART and Lubbock.
7. Venue for any action arising from this Agreement shall be Dallas County, Texas.
8. The parties agree hereto that all payments made pursuant to this Agreement must be
made from current revenues available to each respective party.
Agreement between City of Lubbock and Page 2
Dallas Area Rapid Transit
CITY OF LUBBOCK DALLAS AREA RAPID TRANSIT
BY: By. C
Glen Ro on C o as
Mayor President a Director
DATE: December 18, 2014 DATE zzZ44
APPROVED AS TO FORM APPROVED AS TO FORM
BY: BY: <=
City A om General Counsel
Agreement between City of Lubbock and Page 3
Dallas Area Rapid Transit
APPROVED
ATTEST:
Re ca Garza
Cityecretary
Date: December 19 7014
APPROVED AS TO CONTENT:
Bi owerton
sistant City Manager
Agreement between City of Lubbock and Page 4
Dallas Area Rapid Transit