007-11 - Ordinance - Accepting Donation of a 2002 BMW MotorcycleIntroduced by:
Requested by:
Drafted by:
Introduced:
Adopted:
ORDINANCE NO. 007-11
Police Chief
Police Chief
Police Chief
June 14, 2011
June 14, 2011
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
ACCEPTING THE DONATION OF A 2002 BMW MOTORCYCLE
WHEREAS, Charles Schandel is the owner of a 2002 BMW police style motorcycle, Vehicle
Identification No. WB10499A72ZE88429; and
WHEREAS, on June 8, 2011 Charles Schandel executed a Property Donation Agreement
expressing his desire to donate the subject motorcycle to the City of Port Orchard; and
WHEREAS, a copy of the Property Donation Agreement is attached hereto as Exhibit A and
incorporated by this reference; and
WHEREAS, the City Council has reviewed the Agreement and finds that it is in the best
interests of the City and its citizens to ratify the Agreement; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION i. In accordance with RCW 35.21.100, the City Council hereby agrees to accept
the subject motorcycle on the terms and conditions as stated in the Property Donation Agreement
attached hereto as Exhibit A and authorizes the Mayor to execute the Agreement on behalf of the City
and to acquire the subject property in accordance with the Agreement.
SECTION 2. This ordinance shall be in full force and effect five (5) days after posting and
publication as required by law. A summary of this Ordinance may be published in lieu of the entire
ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 14th day of June, 2011.
A
atricia J. Kirkpa C, City Clerk
APPROVED AS TO FORM:
Gregory A. co y, CiqkAtorney
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PROPERTY DONATION AGREEMENT
1. Date and Parties. This Agreement, for reference purposes only, is dated the 8th day of
June 2011, and is entered into by and between the CITY OF PORT ORCHARD, a
municipal corporation, hereinafter referred to as "City" and CHARLES L. SCHANDEL, an
unmarried man, as his separate property, hereinafter referred to as "Property Owner."
2. Subject Property. The property hereinafter referred to as the "Property" which is the
subject of this Agreement is a 2002 BMW Police Style Motorcycle
VI N#WB10499A72ZE88429.
3. Agreement to Donate Property. Property Owner desires to donate the Property to the
City for use as an addition police motorcycle for patrol and enforcement activities.
Property Owner agrees to convey and the City agrees to accept conveyance of the
Property upon the following conditions:
(a) The City accepts the donation of the Property in its present condition on
the terms noted;
(b) The City will pay all expenses in connection with this transaction;
(e) The City will provide to Property Owner a letter acknowledging donation
of the Property for Property Owner's income tax purposes. The City
makes no representations as to federal or state tax consequences of the
donation.
4. Title. Title of Property Owner shall be free of all encumbrances or defects. The motor
vehicle title shall be signed over by the Property Owner to the City.
5. Included Items. This transaction includes all parts and add-ons currently attached to the
motorcycle.
6. Possession. The City shall be entitled to possession upon completion of the motor
vehicle title being signed over to the City.
7. Council Approval. This Agreement is subject to ratification by the City Council. This
matter shall be submitted to the City Council for ratification within thirty (30) days after
signature by all parties.
8. Entire Agreement. The parties have negotiated in good faith with regards to each and
every term of this Agreement. This Agreement embodies all agreements,
representations and warranties to which the parties have agreed to be bound. This
Agreement shall be construed to accomplish the intent and purpose set forth herein, and
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shall be presumed to have been drafted by both parties hereto. There are no verbal or
other agreements that modify or affect this Agreement unless specifically referenced
herein.
CITY:
CITY OF PORT ORCHARD,
Approved as to form:
Greg A. Jaco ity At o ney
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PROPERTY OWNER:
Charles L. Schandel
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NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular
Council meeting held June 14, 2011.
ORDINANCE NO. 007-11
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
ACCEPTING THE DONATION OF A 2002 BMW MOTORCYCLE
Copies of Ordinance No. 007-11 are available for review at the office of the City Clerk of the City of Port
Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any
interested person without charge. Thirty days after publication, copies of Ordinance No. 007-11 will be
provided at a nominal charge.
City of Port Orchard
Patti Kirkpatrick
City Clerk
Publish: Port Orchard Independent
June 24, 2011