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Res 2001-032
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7/3/2006 2:12:04 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
2001-32
Date
2/12/2001
Volume Book
143
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<br />(f). The SUBCONTRACTOR may for the purpose of replacing property acquired under this <br />Agreement, either trade in or sell the property and use the proceeds of such trade-in or sale <br />to offset the cost of acquiring needed replacement property. <br /> <br />(g). The SUBCONTRACTOR agrees that if a determination is made that any property acquired <br />with funds provided under this Agreement with a current per-unit fair market value of <br />$1,000 or more is no longer needed for the originally authorized purpose, CAPCO has the <br />right to require disposition of the property by the SUBCONTRACTOR in accordance with <br />the provisions of this Article. <br /> <br />(h). When, during the useful life of property acquired with grant funds under this Agreement by <br />the SUBCONTRACTOR and with a current per-unit fair market value of $1,000 or more, the <br />property is no longer needed for the originally authorized purpose, SUBCONTRACTOR <br />agrees to request disposition instructions from the CAPCO or, if CAPCO is no longer <br />administering a Regional Solid Waste Grants Program, the TNRCC. CAPCO shall, in turn, <br />request authorization from the TNRCC to provide disposition instructions to the <br />SUBCONTRACTOR. Disposition instructions shall solicit, at a minimum, information on <br />the source and amount of funds used in acquiring the property, the date acquired, the fair <br />market value and how the value was determined (e.g., by appraisal, bids, etc.), and the <br />proposed use of the proceeds. The assessment of whether to authorize the proposed <br />disposition of the property must include a determination that the disposition plan will <br />comply with the private industry provisions of ~361.014(b) of the TEXAS HEALTH & <br />SAFETY CODE ANN. In cases where SUBCONTRACTOR fails to take appropriate <br />disposition actions, CAPCO may direct SUBCONTRACTOR to take excess and disposition <br />actions. The disposition instructions may provide for one of the alternatives as set forth in <br />this Section. <br /> <br />1. Retain title, sell, or otherwise disposed of with no obligation to compensate CAPCO. <br /> <br />2. Retain title after compensating CAPCO. If CAPCO is compensated by the <br />SUBCONTRACTOR for property acquired using funds provided under this Agreement, <br />CAPCO will in turn compensate the TNRCC or, upon authorization by the TN RCC, use <br />those funds for other projects or activities that support this or similar future programs <br />conducted by the TNRCC. The amount due will be computed by applying the <br />percentage of state-funded participation in the cost of the original purchase to the fair <br />market value of the property. <br /> <br />3. Sell the property and compensate CAPCO. If CAPCO is compensated the <br />SUBCONTRACTOR for property acquired using funds provided under this Agreement, <br />CAPCO will in turn compensate the TNRCC or, upon authorization by the TN RCC, use <br />those funds for other projects or activities that support the goals of this or similar future <br />programs conducted by the TNRCC. The amount due will be calculated by applying <br />CAPCO's percentage of participation in the cost of the original purchase to the proceeds <br />of the sale after deduction of any actual and reasonable selling and fixing-up expenses. <br />jf the grant is still active, the net proceeds from sale may be offset against the original <br />cost of the property. When SUBCONTRACTOR is directed to sell property, sales <br />procedures shall be followed that provide for competition to the extent practicable and <br />result in the highest possible return. <br /> <br />CAPCO FY2001 Solid Waste Inter/ocal Contract <br /> <br />10 <br />
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