Res 145-2024 Interlocal Agreement with City of Burkburnett for Purchase of Used WFPD Vehicles 11/05/2024 Resolution No. 145-2024
Resolution authorizing the City of Wichita Falls to execute an
interlocal agreement with the City of Burkburnett for the purchase of
used Wichita Falls Police Department vehicles
WHEREAS, this Agreement is authorized by Chapter 791 of the Texas
Government Code; and,
WHEREAS, the Parties are local governments as that term is defined in Section
791 .011 of the Texas Government Code; and,
WHEREAS, the Parties find that this Agreement is necessary for the benefit of the
public; that each Party has the legal authority to perform and to provide the governmental
function or service which is the subject matter of this Agreement; that any division of cost
fairly compensates the performing Party for services performed under this Agreement;
and the performance of this Agreement is in the common interest of both Parties; and,
WHEREAS, the City of Burkburnett desires to purchase surplus or used police
vehicles, including motorcycles, from the City of Wichita Falls for the use by its own law
enforcement officers to more effectively and efficiently perform law enforcement duties;
and; and,
WHEREAS, the City of Wichita Falls wishes to sell the surplus of used police
vehicles to Burkburnett for fair market value based on their current condition, along with
certain equipment attached to the individual vehicles; and,
WHEREAS, the City of Burkburnett is willing to pay the fair market value based on
the vehicle's current condition, along with certain equipment attached to the individual
vehicles.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
The City of Wichita Falls is authorized to enter into an interlocal agreement, in a
form hereby approved by the City Attorney, for the sale of used Wichita Falls Police
Department vehicles to the City of Burkburnett, Texas.
PASSED AND APPROVED this the 5th day of November, 2024.
MAYOR
ATTEST:
c�, B City Clerk
INTERLOC AL AGREE_IIENT
BETWEEN
CITY OF WICHITA FALLS _i D THE CITE OF'WICHITA FALLS
TEXAS FOR THE SALE OF POLICE VEHICLES WITH CERTAIN
E LIP IEI T
THIS INTERLOCAL AGREEMENT(hereinafter referred to as the"Agreement")is made
and entered into by and between the undersigned Local Governments of the State of Iexas-namely
City of Burkburnett, a home rule municipal corporation (the -Burkburnett"), and the City of
Wichita Falls- Texas, a home nile municipal corporation(the "Wichita Falls"),both acting by and
through their duly authorized representatives, pursuant to the provisions of the Interlocal
Cooperation Act,Texas Government Code, Section 791 et seq. Wichita Falls and Burkbumett are
referred to collectively herein as the"Parties-"or individually as a"Party."
WITNE.S S ETH:
WHEREAS,this Agreement is authorized by Chapter 791 of the Texas Government Code;
and,
WHEREAS, the Parties are local governments as that term is defined in Section 791.011
of the Texas Government Code; and,
WHEREAS,the Parties find that this Agreement is necessary for the benefit of the public;
that each Party has the legal authority to perform and to provide the governmental function or
service which is the subject matter of this Agreement; that any division of cost fairly compensates
the performing Party for services performed under this Agreement; and the performance of this
Agreement is in the common interest of both Parties;and,
WHEREAS, Burkburnett desires to purchase surplus or used police vehicles including
motorcycles from Wichita Falls for the use by its own law enforcement officers to more effectively
and efficiently perform law enforcement duties;and,
WHEREAS,Wichita Falls wishes to sell the surplus of used police vehicles to Burkburnett
for fair market value based on their current condition, along with certain equipment attached to the
individual vehicles: and
WHEREAS, Burkburnett is willing to pay the fair market value based on the vehicle's
current condition,along with certain equipment attached to the individual vehicles; and.
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NOW, THEREFORE,in consideration of the mutual covenants and agreements herein
contained_ the undersigned Parties agree as follows:
I. TERMS AND CONDITIONS
A_ Sale of Vehicles. For good and valuable consideration herein_ Wichita Falls agrees to sell
to Burkburnett certain vehicles used as police vehicles along with certain equipment
already installed. A list of the vehicles and equipment are attached in Exhibit A. Wichita
Falls further agrees to execute and deliver all documents necessary to effectuate the terms
of this agreement.
B. Term. This Agreement shall be effective upon the approval of the governing bodies cif
Wichita Falls and Burkburnett_ signed by the authorized individuals (`'Effective Date')_
and shall continue in force until all vehicles listed in Exhibit A are purchased or until such
times as either Party terminates the Agreement as provided herein.
H. GENERAL PROVISIONS
A_ Payments_Any payment made by a Party pursuant to this Agreement shall be made out of
current revenues available to said Party as required by the Interlocal Cooperation Act.
Parties agree that there will be no monthly rental cost associated with this Agreement.
B. Approval by Governing Bodies. This Agreement has been approved by the governing
bodies of City of Burkburnett and of the City of Wichita Falls.
C. Tax Exempt. The Parties are bodies corporate and politic under the laws of the State of
Texas and claim exemption from sales and use taxes under Texas Tax Code Ann. §
151.309, as amended.
D_ Severability. If any provision of this Agreement shall be held invalid or unenforceable by
any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof, but rather this entire Agreement will be
construed as if not containing the particular invalid or unenforceable provision or
provisions, and the rights and obligation of the Parties shall be construed and enforced in
accordance therewith_ The Parties acknowledge that if any provision of this Agreement is
determined to be invalid or unenforceable_ it is the desire and intention of each that such
provision be reformed and construed in such a manner that it will, to the maximum extent
practicable_ give effect to the intent of this Agreement and be deemed to be validated and
enforceable.
E. Notices. Any notice to be given hereunder shall be in writing and may be affected by
personal delivery, in writing or by registered or certified mail, return receipt requested,
addressed to the proper Party_ at the following address:
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City of Wichita Falls:Paul Menzies.Acting City Manager
City of Wichita Falls
P.Q. Box 1431
Wichita Falls.Texas 76307
With Copy to: R.Kinley Hegglund_Jr.,City Attorney
City of Wichita Falls
P.O. Box 1431
Wichita Falls,Texas 76307
City of Burkburnett: Fred Tillman. City Manager
City of Burkburnett
501 Sheppard Rd
Burkburnett. Texas 76354
With Copy to: Michael Guevara,City Attorney
City of Burkburnnett
501 Sheppard
Burkburnett Texas
Burkburnett PD Donald Miller.Chief of Police
City of Burkburmett
101 E.College
Burkburnett, Texas 76354
F. Venue and Governing Law. The parties hereby consent and agree that state courts located
in Wichita County.Texas and the United States District Court for the Northern District of
Texas(Wichita Falls Division)each shall have personal jurisdiction and proper venue with
respect to any dispute between the parties arising in connection with this Agreement. In
any such dispute.the parties shall not raise,and do hereby expressly waive. any objection
or defense to such jurisdiction as an inconvenient forum.
G. No Third Party Beneficiaries. This Agreement is for the sole and exclusive benefit of the
Parties hereto. and nothing in this Agreement, express or implied,is intended to confer or
shall be construed as conferring upon any other person any rights, remedies or any other
type or types of benefits.
H. Relationship of the Parties. Each Party to this Agreement. in the performance of this
Agreement. shall act in an individual capacity and not as agents.employees_partners_joint
ventures or associates of one another. The employees or agents of one Party shall not be
deemed or construed to be the employees or agents of the other Party for any purposes
whatsoever.
L No Waiver of Immunities.Nothing in this Agreement shall be deemed to waive.modify or
amend any legal defense available at law or in equity to the Parties, their past or present
officers. employees. or agents or employees. nor to create any legal rights or claim on
behalf of any third Party. The Parties do not waive. modify. or alter to any extent
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whatsoever the availability of the defense of governmental immunity under the laws of the
State of Texas and of the United States_
J. Non-Appropriation and Fiscal Funding_ The obligations of the Parties under this
Agreement do not constitute a general obligation or indebtedness of either Party for which
such Party is obligated to levy, pledge,or collect any form of taxation. It is understood and
agreed that Parties shall have the right to terminate this Agreement at the end of any Parties
fiscal year if the governing body of either Party does not appropriate sufficient funds as
determined by Parties budget for the fiscal year in question_
No Agency Relationship:It is understood and agreed that Burkbumett shall not in any sense
be considered a partner or joint venture with the Wichita Falls and vice versa_
L. Entire Agreement This Agreement represents the entire and integrated agreement between
the Parties and supersedes all prior negotiations, representations,or agreements,either oral
or written. This Agreement may be amended only by written instrument signed by each
Party to this Agreement
EXECUTED TO BE EFFECTIVE this day of September 2024.
CM' OF WIC:HITA FALLS CITY OF BURKBURNETT
By: By:
Tim Short Lori Kemp
Title: Mayor Title: Mayor
Attest:
Marie Balthrop Nikki Tepfer
City Clerk City Clerk
Approved as to form:
City Attorney
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-Units l)ein2 sold
• Unit 5060
2020 BMW R125ORTP
28.243 miles
• Unit 5059
2019 BMW R125DDRTP
39.284 miles
• 5061
2020 BMW R1250RTP
26.660 miles
In the past auctions writs of similarity have sold in the range of 3.000-
6.000. As such we suggest S4.000.00 as a fair market and recommended
sale price for these units.
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