HomeMy WebLinkAbout910121.tiff RESOLUTION
RE: DECLARE CERTAIN EQUIPMENT AS SURPLUS PROPERTY, APPROVE CONTRACT TO AUCTION WITH
MILLER AND MILLER AUCTIONEERS, INC. , AND AUTHORIZE CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant
to Colorado statute and the Weld County Home Rule Charter, is vested with the
authority of administering the affairs of Weld County, Colorado, and
WHEREAS, State Statute and the Weld County Administrative Manual require that
all items disposed of be declared surplus by the Board of County Commissioners, and
WHEREAS, the County has determined that certain equipment, as described in
Schedule "A", a copy of which is attached hereto and incorporated herein by
reference, is no longer required for County use, and
WHEREAS, the Board has been presented with a Contract to Auction with Miller and
Miller Auctioneers, Inc. , concerning said equipment, and
WHEREAS, after review, the Board deems it advisable to approve said Contract,
with the terms and conditions being as stated in the Contract, a copy of which is
attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that certain equipment as described in Schedule "A" be, and hereby
is, declared surplus.
BE IT FURTHER RESOLVED by the Board that the sale of said equipment at auction
be, and hereby is, authorized.
BE IT FURTHER RESOLVED by the Board that the Contract to Auction with Miller
and Miller Auctioneers, Inc. be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said Contract.
910121
r Lk ; 1 ,/rest, /I li-
Page 2
RE: DECLARE EQUIPMENT SURPLUS; APPROVE AUCTIONEERS
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 25th day of February, A.D. , 1991.
Adaat BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNT PALO DO
d%r
Weld County Clerk to the Board sir �
Gordon- . ac , airman
By: 4/141-1474 -9-L .
Deputy Clerk to the Boa51A Geo e Kenn�y, Pro-Tem
APPROVED A$-TO FORM: B
b .fLli`
onstance L. Har er
CC A4 d'/A
ounty Attorney C. W. Kirby
//L�// er tote
W. H. Webs
910121
FORM 101,Revised 10/87 Miller PO.B x 122598oulevard
Miller Fort Worth,Texas 76121
817-732-0888 Telex 75 75-8440
U.S.WATS 1-800-433-7240
AUCTIONEERS, INC. Texas WATS 1-800-792-2226
CONSIGNMENT AUCTION AGREEMENT
This Auction Agreement is entered into by MILLER&MILLER AUCTIONEERS,INF.,herein called"Auctioneer",and
wra, co 4.4.04y r..0"we f /SR t _
Principal's Name and Title Poi,Mai li ng Address ✓ o• odic 7, -
Street Address
City 4:Re-City County Well) State az6•
Zip Code 3o a (Area Code)and Telephone Number 303- 3.5-rv_ y000 herein called "Owner".
Auctioneer agrees to conduct a public auction sale or otherwise sell the following described property belonging to Owner.The auction sale will be
conducted at gottifi et el"it",le41.7L CO.
City NIA U P tZ / County O 4 0-ita S State L O/O.
beginning on or about he ao day of rn , 19 9!
PROPERTY TO BE SOLD(Attach Additional Sheets As Necessary)
This Agreement is made subject to the following terms and conditions:
I. Auctioneer agrees to prepare all advertising material and publicity cessary to advertise sale and promote attendance of buyers,and Owner shall
pay a prorated share of the total advertising budget of approximately$ ,N,A ."Prorated"shall be defined as a proportionate share of the total
expenses as distributed among all consignors in the sale.
2. Owner grants Auctioneer the exclusive right to sell said property and agrees to pay Auctioneer,for services rendered,a commission of S�k
percent( b %)of the gross receipts from the sales of such property during the period of this Agreement,whether such sales are made at public auction,by
private sale,or in any other manner.
3. Owner agrees to pay all expenses of delivering,starting,handling,and making said property ready for sale;and a prorated share of yard rental,
utilities,labor,security,and checkout expenses.Auctioneer shall have no liability for loss or damage to any of the property.
4. Owner agrees that,at Owner's request,Auctioneer will furnish and supervise the personnel and material necessary to make said property ready for
sale.Owner agrees to pay Auctioneer actual make ready cost plus fifteen percent for services provided.Auctioneer shall have no liability for loss or damage to
any of the property.
5. Owner agrees that each item of the above property will be delivered to sale site at least /U days[or no later than seven(7)days]prior to sale
date. In the event Owner fails to deliver subject property,or if Owner shall breach this Agreement,Owner agrees to pay the advertising and other costs as above
provided,as well as,Auctioneer's commission based on its appraised auction value of said property.
6. Owner represents and warrants that it has title to and right to sell said property and that none of the vehicles covered by this Agreement have been
"remanufacmred",or updated to a subsequent model year by the use of a kit or otherwise,unless specified herein.
7. Owner agrees to indemnify and hold Auctioneer harmless and defend Auctioneer from any claim,whether or not false or fraudulent.and for loss
or damage to said property,personal injury,or property damage related to the sale of said property,breach of warranty,misrepresentation,or defect in title,and
from all liabilities,loss,and expenses arising therefrom,including indemnification for reasonable legal fees and court costs.If documents showing title to motor
vehicles,free and clear of all liens and encumbrances,are not delivered to Auctioneer at least seven(7)days prior to sale,Auctioneer shall have no responsibility
for collection of drafts or checks in payment thereof,and Owner's responsibility for payment of expenses and commission shall not be diminished by reason of
such failure to collect.
8. Owner agrees to sell the property to the highest bidder,with no minimum,reservation,buy-backs,or persons bidding for Owner,and to deliver
title to said property to the purchaser by appropriate documents free and clear of all encumbrances.
9. Owner agrees not to sell or cause to be sold any of said property save and except through Auctioneer,and agrees that he may be restrained from
so doing.
10. Owner shall cooperate with Auctioneer in all respects to assist Auctioneer in performing its duties under this Agreement, and Owner grants
Auctioneer a power of attorney to do all things and to execute all instruments of every nature necessary or convenient to the performance of this Agreement,and
to transfer the title to said property to its purchasers,as fully and to the same extent as Owner could do personally.
II. Owner agrees to promptly furnish copies of all documents reflecting existing liens or security interests in said property and authorizes Auctioneer
to pay any such liens or security interests out of the sale proceeds remaining after payment of Auctioneer's expenses and commissions. If the proposed sale
constitutes a"bulk transfer,"Owner agrees to furnish all information to Auctioneer as required by law,and to do so in a timely manner.
12. All checks from purchasers shall be made payable to Auctioneer,as Owner's agent.Auctioneer shall have full authority to reclaim and resell any
items not paid for.Auctioneer reserves the right to eliminate from settlement any property for which payment has not been made.In consideration for the waiver of
Auctioneer's commission on such property for which payment has not been made,Owner agrees to accept responsibility for reclaiming same wherever located.
13. Auctioneer agrees(unless delayed by legal proceedings or inability of Auctioneer,through no fault of its own,to transfer title or to comply with
the Uniform Commercial Code or other laws)to transmit the net proceeds from the sale to the Owner,and fully settle with Owner,on the twentieth(20th)banking
day following date of the sale."Net proceeds"shall be defined as the gross sale proceeds received by Auctioneer on the day of the auction(excluding sales taxes),
reduced by commissions payable to Auctioneer by Owner,advertising expenses,preparation expenses,and other distributions authorized under this Agreement.
14. All sums due Auctioneer hereunder are payable at Auctioneer's offices in Fort Worth,Tarrant County,Texas and Owner agrees and consents that
jurisdiction and venue for any lawsuit arising from this Agreement between Owner and Auctioneer shall be conferred upon the courts of Tarrant County,Texas.
and the laws of the State of Texas shall govern said legal proceedings.
15. This contains the entire agreement of the parties.No change in this Agreement shall be valid unless in writing and signed by both parties.
16.
• XE U ED THIS i 7 DAY OF `e6 , 19 9/ .
t A
OWNER: BFS MILLER & MILLER UCTIONEE , INC.
By, By. ze7,7Pcfs
ATTEST: ��cc,y ply
Title: a �Title: i5Y.Z/e. /
WITNESS: �`.EJ 9 i 11 4 i"{ CI GPI, • T QOARD
WETNESS:
THIS AUCTfbiYpy L� .1 1EzAR. EISE3tN OFFICFER OF MILLER & MILLER AUCTIONEERS, INC.:
By:
Title _ _
01 Li
FEB-14-91 THU 9 :49 P. 01
Miller
Knitter
AUCTIONEERS, INC,
2525 RIDGMAR BOULEVARD•P.O.BOX 122598•FORT WORTH,TEXAS 78121 •817.732-4888
/ 0: C/,44.44 e s
,170/rI . /44 ,1944 s „00�/e/e 1 - 4,f /`/k a le a.i 9,02 s
.51. el! 4,4-04,'a ti 4g/etem 4..4.01
/hips 42 IL Coat< leT4,42
910121
TELEX 758440•FAX 1-817-732-5552
FEB 14 ' 91 8: 52 PAGE . 001
FEB-14-91 THU 9 :50 _ P. 02
Miller
Miller
AUCTIONEERS, INC.
2525 RIDGMAR BOULEVARD•P.O.SOX 122598•FORT WORTH,TEXAS 76121 •817.732-4888
R. C/Ass ale /fAneS
TA, s /5 I le .493t ,n;.02e a .n tett/ eve ye e.,/
S w-w,,✓ 4 „9 5a o.` -4-.5 pass. 4,/e . Oa.e
Ode A./. s.'er w• /1 i/en.1 iveX )11- Ale G.E . -Z w.
w GCEo.9e srfP// rVtJC /
Yu e r Ay -Ro n. V—h e / s J7,
TELEX 75-8440•FAX 1-817-732.5552 I 'D I L/
FEB 14 ' 91 8: 52 PRGE . 002
SCHEDULE " A "
ASSET # YEAR MAKE DESCRIPTION
15810003 1975 FIAT-ALLIS BULLDOZER
15830004 1970 CATERPILLAR 966 LOADER
16050001 1982 LAYTON TOWABLE PAVER
15440001 1970 KENWORTH TANDEM OIL DISTRIBUTOR TRUCK
15630002 1948 TIMPTE FLAT BED TRAILER
17010002 1974 GORMAN-RUPP 6" WATER PUMP
q I rte o . I
FE8-14-91 P- 03 THU 9 :50 _ -
FORM I01,Revised lo/g7 Miller 2525 Ridgmet Boulevard
P.O.Box 122596
Fort Worth,Tessa 76121
817432-41188 TOM 75-8440
Miller U.S.WATS I-800-4334240
AUCTIONEERS,INC. Texas WATS 1$00•792-2226
CONSIGNMENT AUCTION AGREEMENT
This Auction Agreement Is entered into by MILYE &MILLER AU IONEEERS.MSC.,herein called"Auctioneer",and
Principal's Name undTitle PrQr 6 0 x 95-8-
Mailing Address
Street Address $ $tam ah'
' City._. Cdteeley County
Zip Cede u�
$06�t (Area Code)andTelephone Number 303— '3rd— 4/00O herein called "Owner.
Auctioneer agrees to conduct a public auction tale w otherwise
�sell the fselst-7�oLo described property belonging o Owner.The auction sale oval c
conducted at_ . k/�� �Y W.1 yG Stale �010. .—
beginning Den f)P IZ County
ao da ,19�—•
beginning onorabout the Yof
PROPERTY TO BE SOLD(Attach Additional Sheets As Necessary)
This Agreement is made subject to the following terms and conditions= shall
1. Auctioneer agrees to prepare all advertising materiel and publicit cesoary w advertise sale and rated"shalfhmoenedaa attendance of buyers.
ale andOwner local
pay a prorated share of the total advertising budget of approximately S—-�/ -�—
expenses as distributed among all conelgnors in the sale.
2. Owner grants Auctioneer the exclusive right to sell said propen a eheagrees
gre s to
opts s Agreement tioneer,or servicesether rendered,a
sales arc modes fission o auction,percent(_ b_.rA)of the gross receipts from the sales or such property d period
private salt.or in any other munner.
3. Owner agrees to pay all expenses of delivering,starting,handling,and making said property ready for sale;and a prorated share of yard rental,
utilities,labor,security,and checkout expenses.Auctioneer shall have no liability fur loss or damage to any of the property.
4. Owner agrees that,at Owners request,Auctioneer will furnish and supervise the personnel and material necessary to make said property ready Fur
sale.Owner agrees to Puy Auctioneer segue!make ready cost plus Fifteen percent far services provided.Auctioneer shell have no liability for loss or damage to
any of the property.
5. Owner agrees that each item of the above property will be delivered to sale site s riono sale
at least days(Cr(or no later then days]ip
date.In the event Owner Fails to deliver aubject property,or ifOwner ahell breach this Agreement.Owner agrees to pay the advertising and other costs as above
provided,as well us,Auctioneer's commission based on its appraised suction value of said property.
6. Owner represents and warrants that it has title to and rlgbt to sell said property and that none of the vehicles covered by this Agreement have been
"rentanufacturcr,or updated to a subsequent model year by the use of akit or otherwise,unless specified herein.
7. Owner agrees to indemnify and hold Auctioneer harmless and defend Aucttonow IMm any cleim,whether or not false pr fraudulent,and for loss
itle,and
or damage to said property,
expenses arising therefrom,lincludingdamage
l ined to the tale of demnification a forrreaaid sonabllegal t fees and ouach of rt costs`misrepresentation,
documelnts showing title to motor
from vehicles,
fr eand ear expenses
vehiclall es,free and clear of all liens and encumbrances,are not delivered to Auctioneer at least seven days prior to sale,Auctioneer shall have no responsibility
for collection of drafts or checks in payment thereof,and Oweer's responsibility for payment of expenses and commission shall not be diminished by reason of
such failure to collect. with no minimum,Iaservation,buy-backs,or persons bidding for Owner,and to deliver8. Owner agrees to sell the property to the highest bidder,
title to said property to the purchaser by appropmle documenta free and clear of all encumbrances. and a tees that he may be restrained from
9. Owner agree not b
o sell or cause to be sold any of said propeny save and except through Auctioneer,
so doing.
10. Owner shall cooperate with Auctioneer in all respects to assist Auctioneer in performing its duties under this Agreement,and Owner grams
Auctioneer a power of attorney to do all things and to execute all instruments of every nature necessary or convenient to the performance of this Agreement,and
to transfer the tide to said property to its pumhasen,as fully and to the same extent as Owner could do personully.
1I. Owner egrets to promptly furnish copies of all documents reflecting existing liens or security interests in said property and authorizes Auctioneer
to constitutes such liens a bulk transfer,"'nerinterests
rees to furnish ahe ll informatiio o Auctds ioneer as requiirredgby law,t of sandato do sonses end asmely manner.
If the proposed sale
to. All checks from purchasers shall be made payable to Auctioneer,ma Owner's
aAuct n o er shall
have
een full authority
ut only for reclaim
an a wxlvlsan f
Items not paid for.Auctioneer reserves the right to eliminate From settlement any property for whichP Ym
Auctioneer's commission on such property for which payment has not been made.Owner agrees to accept responsibility for reclaiming same wherever located.
ee.
13. Auctioneer agrees(unless delayed by legal proceedings or Inability of Auctioneer,through no fault of its own,to transfer tide or to comply
ith
the Uniform Commercial Code or other laws)to transmit the net proceeds horn the sale to the Owner,and fully settle with Owner,on the twentieth(20Sales taxeS),
th)banking
reduced by commissions payable to proceeds"
by Owner,dven)sinhe g expenseross s preparation roceeds expened ss,,and noher distribn the utonsof hauthorize auction deunder this Agreement.
14. All sums due Auctioneer hereunder are payable al Auctioneers offices in Fort Worth,Tarrant Counly,Texas and Owner agrees and consents that
jurisdiction and venue for any lawsuit arising from this Agreement between Owner and Auctioneer shall be conferred upon the courts of Tarrant County,Texas,
and the laws of the State of Texas shall govern said legal proceedings.
15. This cuntnins the entire agreement of the ponies.No change in this Agreement shall be valid unless in writing and signed by both parties, —
. . 0 in/71
F-CUTED THIS /V DAY OF 6'6 -- 19 9/ .
OWNER: MILLER & MIL .,.EE07 INC.
By J BY; __g//1__ ICY//�ff/iJ1�f�
Title: _ Title: %CM%G/ Men R•5 to
WITNESS:
WITNESS:
THIS AUCTION AGREEMENT NOT VALID UNTIL APPROVED BY AN OFFICER OF MILLER k MILLER AUCTIONEERS, INC.:
By: _
Titles —"—
FED 14 ' 91 8: 53 PAGE . 003
G loft,
SCHEDULE " A "
ASSET # YEAR MAKE DESCRIPTION
15810003 1975 FIAT-ALLIS BULLDOZER
15830004 1970 CATERPILLAR 966 LOADER
16050001 1982 LAYTON TOWABLE PAVER
15440001 1970 KENWORTH TANDEM OIL DISTRIBUTOR TRUCK
15630002 1948 TIMPTE FLAT BED TRAILER
Git) rZl
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