HomeMy WebLinkAbout5170 RESOLUTION NO. 51 7 0
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, DECLARING A
CERTAIN FIREARM AS SURPLUS PROPERTY AND
APPROVING ITS SALE TO A RETIRED POLICE
OFFICER
WHEREAS, the City of Auburn Police Department owns a certain Sig
Sauer firearm, Model P226, Serial # U430918 (the "Sig Sauer"); and
WHEREAS, the City has removed the Sig Sauer from service and would
like to surplus the firearm; and
WHEREAS, Jeff McClane has recently retired from the Auburn Police
Department and would like to purchase the Sig Sauer, and
WHEREAS, Jeff McClane remains eligible to legally possess and own a
firearm under state and federal law.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. That the Sig Sauer firearm, Model P226, Serial # U430918 is
hereby declared surplus and its sale to retired Auburn Police Officer Jeff
McClane in accordance with the Sale and Hold Harmless Agreement set forth in
Exhibit A attached hereto and incorporated herein by this reference is approved.
Section.2. The Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of'this legislation.
Resolution No. 5170
September 4, 2015
Page 1 of 2
Section 3. This Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated this 21st day of September, 2015.
CITY OF AUBURN
Nancy Ba s, Mayor
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City -Attorney
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Resolution No. 5170
September 4, 2015
Page 2 of 2
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EXHIBIT "A"
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SALE AND HOLD HARMLESS AGREEMENT
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THIS AGREEMENT is entered into this_9L d'ay of 496&s57— , 2015, by and between the City of
Auburn, its agents, employees and assigns (hereinafter referred!to as the "City") and Jeff McClane, his heirs and
assigns.
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The Sig Sauer 0226 Serial#0430918, having been removed from service, may be purchased by the prior 1
assigned officer, Jeff McClane; for the sum of 300 hundred dollars and no/100 ($300.00). Jeff McClane seeks to
purchase the said Sig Sauer under the terms of this Agreement and the City seeks to relieve itself of ownership of
Sig Sauer and any potential exposure to additional costs and/or other issues thatmay arise in the future.
Jeff McClane acknowledges and agrees that the City has no basis upon which to render any warranty or
guarantee regarding function :or capacity of the said Sig Sauer and accordingly the city offers no warrant or
guarantee and disclaims any warranty in Jaw or equity that might otherwise accompany a sale. Jeff McClane
voluntarily accepts these conditions and disclaimers.
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For sufficient consideration, including Jeff McClane's payment under the terms of this Agreement and the
City's agreement to sell the Sig Sauer in lieu of other means of disposal and for other consideration as set forth in
this agreement, Jeff McClane agrees to release, acquit and forever discharge the City of and from any and all
actions, claims; demands, claims for attorney's fees or other claims of any,variety on account of or in any way
arising out of Jeff McClane's ownership of the Sig Sauer. Jeff McClane specifically acknowledges that the sale of
the said Sig Sauer is "as is" that the City has not agreed to provide any further care, parts or repair for the said
Sig Sauer as a condition of sale, and agrees that he will not make:any claim against the City after the sale for
anything associated with the said'.Sig Sauer or other needs or conditions, whether those needs and conditions
occurred prior to or after this sale.
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Jeff McClane agrees.that.the said Sig Sauer is solely his property and that he bears,full responsibility for
the Sig Sauer's care, safety and actions from the time,of purchase forward.
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By signing this Agreement, Jeff McClane acknowledges that he has executed this Agreement of his own
free will and is a voluntary act.
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McClan olice Retiree), Purchaser By: B3 15T66, Chief of'Police
On behalf of the City of Auburn