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HomeMy WebLinkAboutResolution 84-1997 . " .� _ RESOLUTION NO. 84-97 DECLARING SURPLUS PROPERTY WHEREAS, the City of Brookings is the owner of the following described property: 1 - 1982 Sno-Go Snow Blower WHEREAS, this property is no longer necessary or useful for City purposes, and it is the desire of the City of Brookings to sell same as surplus property; NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Brookings, South Dakota, that this property be declared surplus property according to SDCL Chapter 6-13. BE IT FURTHER RESOLVED that the sale will be a public auction held at the Kingsbury County Highway Shop on Hwy 14 in DeSmet, SD on October 15, 1997 at 10 AM C.S.T. e"City"), as follows: Passed and approved this 16`�day of Sept mber, 1997. � Mayor `,�`o�Qo�;Eo.�s U t2 M^R�9 �� � a3 •o �:, ia =� � • ' � a • . .•,�� � cs' ;'� Finance Officer NOTICE OF PUBLIC SALE The City of Brookings will be selling the following equipment at public auction: One(1) 1982 Sno-Go Snow Blower Sale to be held at the Kingsbury County Highway Shop on Hwy 14 in DeSmet, SD on October 15, 1997 at 10 AM C.S.T. For information pertaining to this equipment, call the Street Department, 605 692 2016or the City Finance Office, 605 692 6281. � - � � SEP 2c '97 11���AM SHEEHi=i�•� MACI<: F.c%�c __ SHEEHAN NtACK SALES and EQUIpMENT INC. SfQUX FALLS RAPID CITY ABEROE�N � P4.Bax 5130•901 E.60tn$t.North P.O.8ox 1B89� 1810 Deadwood Avenue P.Q.Boz 1533• West Flwy 12 ! ■ !�� Sioux fa{Is,SD 57111 Ray Id CI�y,$D 57709 Aberdee�,SD 51401 " � {605)396•2D00•1•800•289•6225 (845)342-5b94�1-B00•99�B286 (805)229�461 a•1•B00•758-B225 , , , FAX(605)886�2248 fAX(B05)842-879i FAX(B05)22A•0287 ,, . � . '. EaU1PMENT � tRUCKS : :"+. , .'S�ILES.,�.`.:,'� ;.R��IT�t,.� .�:� �Bf�ViCE:-��:�-`'-•��PAR�1'$`�. '� . TO WHOM IT MAY CONCERN, SHEEHAN MACK 5ALES & EQUIPMENT, ZS PLEASED TO OF�'ER AS A MINIMUM BID FOR THE FOLLOV+�II�TG EQUIP�vi�NT, (1) ONE 198Z SNOGO SNOW BLOR�R MOD�L MP-3D S!N 3309 WITH CONTROLS. OUR MTNIMUM BID WILL BE$19,500,00 RESPECTFLTLLY SUBMITTED ,., , ..� ! � , '.'��, r� �..�c'�..�'��"Ct.x,�L MIKE T. SHEEHAN PRESIDENT CONTRACT BETWEEN DAVID W. PRATT and MITCHELL S. PRATT and HYDE COUNTY, LAKE COUNTY, BROOKINGS COUNTY and CITY OF BROOKINGS SECTION I . David Pratt and Mitchell S. Pratt, hereinafter referred to as "Auctioneers" AGREE to sell used surplus equipment owned by Hyde County, Lake County, Brookings County and City of Brookings , hereinafter referred to as "Owners" to the general public through oral auction proceedings at the following designated time and location: Date: October 15 , 1997 Time: 10:00 A.M. CST Location: Kingsbury County Highway Department DeSmet , South Dakota SECTION II . The Auctioneers and their employees are prohibited from participation in the auction and no sale shall be in or for the auctioneers or their employees' benefits . SECTION III . In consideration of the successful performance of the terms of the contract , Owners shall pay the Auctioneers a Commission fee of 5250.00 per machine and 2� of the value over and above the guaranteed price set by each county and city. The 2� shall be paid by each owner. SECTION IV. It is hereby agreed and understood that it is the responsibility of the owner to do all the advertising for such sale. However, Auctioneers would assist or advise, if owners so desired. SECTION V. Auctioneers will provide Clerks and cashiers to assist them with the sale. Kingsbury County Highway will provide room for the clerks. Clerks and cashiers shall collect and account for all moneys received at the sale and will provide Owners with an accounting of the total gross receipts of the sale. Auctioneers shall issue each owner a check under the terms provided in Section III of this contract in settlement of said sale two days after, or Friday October 17, 1997 . SECTION VI . Owners shall provide the Auctioneers with an inventory of the property to be sold in sufficient time so the Auctioneers may recommend the most advantageous arrangement on the premises . SECTION VII . The Auctioneers shall not and by this Contract have no authority to incur any obligation or expenses for or on behalf of the Owners . SECTION VIII . It is expressly understood that the Auctioneers are solely responsible for the collection of th� gross receipts from the sale. The Auctioneers and not the Owners are responsible for the handling of any disputes or complaints regarding sale property. SECTION IX. In order to minimize any disputes that might arise doing the course of the auction sale, Auctioneers agree to tape record all proceedings of the sale an maintain a manual record of the actual sales made at the time each sale is made, in order to provide verification of such sale upon request . SECTION X. �o alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the parties hereto. SECTION XI . This contract may not be terminated after advertising has been distributed . SECTION XII . Payments to be made to the Auctioneers , as specificed herein shall include all taxes of any description assessed against the Auctioneers by reason of this contract . SECTION XIII . Auctioneers hereby acknowledge that they have a State Sales Tax License and hereby agree to comply with any or all applicable sales and use tax laws . Auctioneers further agree to collect and remit any sales tax due and owing as a result of sales made during the action sale. SECTION IX. It is expressly understood and agreed that this Contract shall be governed by the laws of the State of South Da�ota , both as a interpretation and performance. Unless, as otherwise specified herein, no document shall be deemed a part of this Contract . Dated this day of September, 1997. AUCTIONEERS : OWNERS: HYDE COUNTY: David W. Pratt By: Chairman, Board of County Commissioners Mitchell S . Pratt Attest : County Auditor LAKE COUNTY By: Chairman, Board of County Commissioners Attest : County Auditor BROOKINGS COUNTY: �— BY• - --- Chairman, Board of Co ty Commissioners Attest : � 2�t.Q..�.� _�- -�I'� County Aud ' t r CITY OF ROOKINGS : ,� _ � � � K/ By : yor vi3 '� M•R•9 �i� �': 1883 Attest : • ;�oQ ,. ••,� City Finance Offi / •