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HomeMy WebLinkAbout78-90 RESOLUTION• RESOLUTION NO. 78-90 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO FILE A PETITION FOR TITLE OF TWO VEHICLES CONFISCATED BY THE U.S. GOVERNMENT AND TRANSFERRED TO THE CITY. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CTTY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Board of Directors hereby authorize the city attorney to file a friendly suit against the State of Arkansas, Department of Finance and Administration to petition for title of two vehicles confiscated by the U.S. government and transferred to the City. A copy of the Petition and Exhibits authorized for execution hereby is attached hereto and made a part hereof. PASSED AND APPROVED this 15th day of MaY ATTEST: By: APPROVED: , 1990. By: STATE OF ARKANSAS ) )ss: COUNTY OF WASH:NGTON) COMES now Affiant, VERIFICATION 1 being duly sworn on behalf of Petitioner, City of Fayetteville, Arkansas says that: He is the , of Petitioner City of Fayetteville; that he has read and knows the contents of the foregoing Petition for Title and that he verily knows that the statements therein made are true and correct. FURTHER, Affiant sayeth not. DATED this day of , 1990. IN WITNESS WEHREOF, Affiant has set his hand or. this day of , 1990. Bv: Title: SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public, on this day of , 1990. My Commission Expires: Notary Public 3 AFFIDAVIT OF ALLATION OF SERIAL NUMBER • This is to certify that I, ;Name o: Garage or Agent. AR.KAVPC8810002916 have stenciled SERIAL No. on Chevrolet Intake, car car/truck 1981 Corvette (Year Modell (Style, belonging to Fayetteville Police Department P. 0. Box 1988 Fayetteville, AR 72702 Signed Sworn and subscribed to before me this day of 19 • (Notary Public) My Commission expires Form MV—I0-301—ADC-CDC-77 Y H I A= T A IAS IINISTRATION stte encil for the serial encil this number cle and execute and �stallation of Serial ice with a Chancery sts to obtain an 'AN EQUAL OPPORTUNITY EMPLOYER' ( G ( L r r r CERTIFICATE NO. 10-88-0012 The undersigned DEPARTMENT or AGENCY of the UNITED STATES GOVERNMENT certifies that for ve- hicle desc ibed herein, the prop of the UNITED STATES GOVERNMENT, has been transferred this day of f.1 6- 191, to the Transferee designated herein; and that this is the first transfer of such vehi• cle in ordinary trade and commerce subsequent to acquisition thereof by the UNITED STATES GOVERNMENT. TRANSFEREE (Name of dealer, individual, site.) Fayetteville Police Department ADDRESS OF TRANSFEREE (pilose include ZIP Code) P. 0. Box 1988, Fayetteville, AR 72702 TRANSFEROR (Accountable office: It. deportment or stoney; subunits and address. Including ZIP Code U. S. Marshals Service, Western District of Arkansas P. 0. Box 2625, Fort Smith, Arkansas 72902 ODOMETER MILEAGE STATEMENT Federal Regulations require you to state the odometer mileage upon transfer of ownership. An Inaccurate or untruthful statement may make you liable for damages to your transferee, for attorney fees, and for civil or criminal penalties, pursuant to Sections 409, 412, and 413 of the Motor Vehicle Information and Cost Savings Act of 1972 (Public Law 92-513, as amended by Public Law94-364) I DAVID R. COMSTOCK state that to the best of gtvltdg ased upon United States Government records, the odometer of the vehicle described above reads L/Jia miles/kilometers. CHECK ONE BOX ONLY: 1. I HEREBY CERTIFY that to the best of my knowledge, the odometer rearing as stated above reflects the actual mileage of the vehicle described above. 2. I HEREBY CERTIFY that to the best of my knowledge, the odometer reading as stated above reflects the amount of mileage in excess of designed mechanical odometer limit of 99,999 miles/kilometers of the vehicle described above. • • 3. I HEREBY CERTIFY that to the best of my knowledge, the odometer reading as stated above is not the actual mileage of the vehicle described above, and should not be relied upon. CHECK ONE BOX ONLY: k4. I HEREBY CERTIFY that to the best of my knowledge, the odometer of said vehicle was not altered. set back, or disconnected while in my possession and I have no knowledge of anyone else doing so. 5. I HEREBY CERTIFY that to the best of my knowledge, the odometer was altered for repair or replacement purposes while in my possession. and that the mileage registered on the repaired or replacement odometer was identical to that before such service. • 6. I HEREBY CERTIFY that to the best of my knowledge, the repaired or replacement odometer was incapable of registering the same mileage, that it was reset to zero, and that the mileage on the original odometer or the odometer before repair was SIG TURE OF TRANSFEROR'S (senors RESER TIV I TITLE Dav'd R. Comstock \ gri-Deputy US Marshal DATE SIGNAL F TRANSFEREE (Buys • Aulemobi'e, station .q n. ambulance track motor or !rector. leader. semitrailer bus. motorcycle. motor scooter, Mc. t A lomob,I• coupe. Mo or IOWPoor •cdan, truccp,ckup, panel. van. Carte, stele, platform. limier -poi.. doily. able nal, POEN. leek terve capacity) etc. 1 -Where •pel,abie. St. Instructions en rayons. NSN 7510-00-674-4047 97-106 DATE MAKE OF VEHICLE I YEARSERIES OR MODEL Chevrolet Corvette 19181 Corvette ENGINE NO. t I MANUFACTURERS SERIAL NO. TYPE OF VEHICLE • KIND OF BODY t 2 DR Coupe NUMBER OF CYLINDERS 8 HP. (SAD t 1 FUEL NUMBER OFF AXLES t NUMBER OF DUAL WHEELS t TRES ❑ SOLID PNEUMATIC . WEIGHT (Shipping) NO. OF PASSENGERS] WHEELBASE t MANUFACTURERS RATED CAPACITY SALE PRICE ODOMETER MILEAGE STATEMENT Federal Regulations require you to state the odometer mileage upon transfer of ownership. An Inaccurate or untruthful statement may make you liable for damages to your transferee, for attorney fees, and for civil or criminal penalties, pursuant to Sections 409, 412, and 413 of the Motor Vehicle Information and Cost Savings Act of 1972 (Public Law 92-513, as amended by Public Law94-364) I DAVID R. COMSTOCK state that to the best of gtvltdg ased upon United States Government records, the odometer of the vehicle described above reads L/Jia miles/kilometers. CHECK ONE BOX ONLY: 1. I HEREBY CERTIFY that to the best of my knowledge, the odometer rearing as stated above reflects the actual mileage of the vehicle described above. 2. I HEREBY CERTIFY that to the best of my knowledge, the odometer reading as stated above reflects the amount of mileage in excess of designed mechanical odometer limit of 99,999 miles/kilometers of the vehicle described above. • • 3. I HEREBY CERTIFY that to the best of my knowledge, the odometer reading as stated above is not the actual mileage of the vehicle described above, and should not be relied upon. CHECK ONE BOX ONLY: k4. I HEREBY CERTIFY that to the best of my knowledge, the odometer of said vehicle was not altered. set back, or disconnected while in my possession and I have no knowledge of anyone else doing so. 5. I HEREBY CERTIFY that to the best of my knowledge, the odometer was altered for repair or replacement purposes while in my possession. and that the mileage registered on the repaired or replacement odometer was identical to that before such service. • 6. I HEREBY CERTIFY that to the best of my knowledge, the repaired or replacement odometer was incapable of registering the same mileage, that it was reset to zero, and that the mileage on the original odometer or the odometer before repair was SIG TURE OF TRANSFEROR'S (senors RESER TIV I TITLE Dav'd R. Comstock \ gri-Deputy US Marshal DATE SIGNAL F TRANSFEREE (Buys • Aulemobi'e, station .q n. ambulance track motor or !rector. leader. semitrailer bus. motorcycle. motor scooter, Mc. t A lomob,I• coupe. Mo or IOWPoor •cdan, truccp,ckup, panel. van. Carte, stele, platform. limier -poi.. doily. able nal, POEN. leek terve capacity) etc. 1 -Where •pel,abie. St. Instructions en rayons. NSN 7510-00-674-4047 97-106 DATE AFFIDAVIT OF INSTALLATION OF SERIAL NUMBER This is to certify that I Darrin Wrirzht I%ame of Garage or Agent, City of Fayetteville, City Shop ARKAVPC8240002915 Pontiac have stenciled SERIAL No. on )MaYel car/truck 1984 "rani Am 1Year Modell (Style) belonging to Fayetteville Police Department P. 0. Box 1988 Fayetteville, Arka -s 72702 Signed Sworn and subscribed to before me this 0 CII'%-vt., ,19 8F' My Commission expires Form MV-10.101—ADC-CDC-fl day of gena Wittecohe.-21.-cu (Notary Public) EXHIBITB REVENUE DIVISION P.O. Bar 1272 • Little POC*, Arkansas 72203 ncil for the hide. Stencil ute the enclosed cour order from nance and Administration D the Chancery !papers to regster "AN EQUAL OPPORTUNITY EMPLOYER EimIEMA -- EMEmi • '!-. - _ = - • -1i = ab.. ase -sex -. -4-..--.1_- •1:=l1!= 'ic -- __e THE UNITED STATES GOVERNMENT CERTIFICATE OF RELEASE OF A MOTOR VEHICLE (Sea instructions on rennin - - I CERTIFICATE P40. - - ` 10-88-0011 _ j• _- — The undersigned DEPARTMENT or AGENCY of the UNITED STATES GOVERNMENT certifies thIrthe motor ve•- =- hicle dhscribed herein, the propmttof the UNITED STATES GOVERNMENT. has been transferred this': ;It day 1': _- of VC, C — 19 , to the Transferee designated herein; and that this is the first transfer of such vehi• - !Fr : .cle in ordinary trade and commerce subsequent to acquisition thereof by the UNITED STATES GOVERNMENT. _ — c -TRANSFEREE (Name of dealer, (ndblduel, etc.) ; • — . r. • • — -• = ADDRESS OF TRANSFEREE (Please include ZIP code) -_- : • Fayetteville Police Department -e S - P. O, - Box 1988--:- = _ - k_ -- -- _ - _ •-- - -Fayettevi 11 e _ AR - 72702 = _-- TRANSFEROR (Accountable oeleC Le., department or agency; subunits end address, Including ZIP code) - - - — - - - --. V__U._S.-Marshals Service, Western _District of Arkansas = - _7._ = P. 0. Box 2625, Fort- Smith;- Arkansas-- 72902 - = = _ - • — _ • — . MAKE OF VEHICLE - - :c 1 YEARSERIES OR MODEL - ENGINE NO. $ - =••- _ _ - MANUFACTURER'S SERIAL NO. Pontiac = _ -119841 Tr Firebird - - — TYPE OF VEHICLE • - - - '- ' KIND OF BODY } - -' — --• - — 2 D Coupe - - — _ :_ .. • Trans AM •= — Oust* OF CYLINDERS HP. (SAO t_ FUEL ' — t NUMBER OF AXLES $ 1 NUMBER OF DUAL WHEELS t__ • ❑SOLID--n-PNEUMATIC MQ.OF PASSENGERS t WHEELBASE t -- MANUFACTURER'S RATED CAPACtTYi SALE • l. mMEE --'• • - •'"ODOMETER MILEAGE STATEMENT .' ' 7 -_---a. • ••. :::-T;• - , _ 2. _. •• •_ -•._ • Federal- Regulations require you -to state the odometer mileage upon transfer ofownership. An Inaccurate-or- naccurate or._ F - - :untruthful statement may make you liable for damages to your transferee, for attorney fees, and for civil or criminat . _ _ , --penalties, pursuant to Sections 409, 412, and 413 of theofye IL a Info d Cost Savings Act of 1972s_-- : _ (Public Law 92-513, as amended by Public Law 94-364) 1, JcC (tea estate that to the best of - n... nnwIP(Ion hash upon United States Government records, the odometer of the vehicle described above reads_ • - _ • �1 S. 1 HEREBY CERTIFY that to the best of my Imowl�ge, the odometer reading as stated above reflects tM�= t__1 actual mileage of the vehicle described above._ _ • _ _ •' • = - --1-'I 2. I HEREBY CERTIFY that to the best of:my knowledge, the odometer reading as stated above reflects the- 4=%'h' _ tJ amount of mileage in excess of designed mechanical odometer limit of 99,999 miles/Iulometsrs of the vehicle- :::._ _ described above. - _ __ _ __ _ _ _ :_ - _ _ _ _ :.-g I-• 3. 1 HEREBY CERTIFY that to the best of my knowledge. the odometer reading as stated above js not the acl=tua; ii i' - _ mileage of the vehicle described above, andshould not be relied upon. _ _ _ — _ _ 11. ME m, _ . -. CHECK ONE BOX ONLY: - -- ---7_ • - _ • - - • --• - -- I '- - ` '• _ '. • 4. 1 HEREBY CERTIFY that to the best of -my knowledge, the odometer of said vehicle was not altered. set back, - or disconnected while in my possession and t have no knowledge of anyone else doing so. - _ - r ._ 5. 1 HEREBY CERTIFY that to the best of my knowledge, the odometer was altered for repair or replacement= purposes while in my possession, and that the mileage registered on the repaired or replacement odometer was . identical to that before such service. - -- - - - - - - - -- - - - _ - - _ _ __ . .- • -. = il• - _ - :CI 6. I HEREBY CERTIFY that to the best of my knowledge, the repaired or replacement odometer was incapable of • =.• �J registering the same mileage, that tt was reset to zero, and that the mileage on the original _odometer or the_ .. = • - •= odometer before repair was - --- RtR'S (Seller's) REPRESENTATIVE - . _ , _ Em • r Mtemobile, ration wog it. gimbal owe. buck motor or tractor, beater. semitrailer, bus. salon -Nis. meter scooter. Rte. f Mlemobile a ewe, bee. d leer dom sedan. truclemckup. panel. YID, ,erre. Mae), Witham, tn,U..poU, doily, cable reel. bate). . -_ UM Imre co icily) etc. - -- -_ _ _ _ _ — ... - - I MMu egipbubII 511 ledrveluu gin renrw. -. . - -_ .ir __ _ .,.._ MSM 7540-00-6 4-4047 • = . • ,.. _ . _-_ -- • i. T. 97-101 _ --_ - -_-_- ) - STAIIDARD FORM 97 (REY. 7-7gr • Preecnbed tel CSA Mfg lel URI 10Ia4701 • R••aw EaleNe NO Uwe I, • • • • IN THE CHANCERY COURT OF WASHINGTON COUNTY, ARKANSAS CITY OF FAYETTEVILLE, A Municipal Corporation, vs. STATE OF ARKANSAS, DEPARTMENT OF FINANCE AND ADMINISTRATION NO. Eq0-Pi`1 PETITION FOR TITLE cn PETI 45 RT > I: -c .� m 2 M a RBS iNT0 N COMES NOW the Petitioner, City of Fayetteville, Arkansas, a municipal corporation, by and through its undersigned attorney, Jerry E. Rose, and files this its petition for title to certain motor vehicles: 1. Petitioner is a municipal corporation duly organized under the laws of the State of Arkansas and is a city of the first class situated in Washington County, Arkansas. 2. The Respondent, State of Arkansas. Department of Finance and Administration is a Arkansas State agency charged with the duty of issuing certificates of title in the State of Arkansas. 3. On or about August 15, 1988 the following described motor vehicle, the property of the United States Government, was transferred to the Petitioner, a copy of such transfer attached hereto as Exhibit A and made a part hereof: a) 1981 Chevrolet Corvette, Serial No. ARKAVPC8810002916 4. On or about July 7, 1988 the following described motor vehicle, the property of the United States Government was transferred to the Petitioner, a copy of such transfer attached hereto as Exhibit B and made a part hereof. a) 1984 Pontiac Trans Am, Serial No. ARKAVPC8240002915 • • VERIFICATION STATE OF ARKANSAS ) )ss: COUNTY OF WASHINGTON) COMES now Affiant, Richard L. Watson , being duly sworn on behalf of Petitioner. City of Fayetteville, Arkansas states: He is the Chief of Police , of Petitioner City of Fayetteville; that he has read and knows the contents of the foregoing Petition for Title and that he verily knows that the statements therein made are true and correct. FURTHER, Affiant sayeth not. DATED this 31st day of MaY , 1990. IN WITNESS WHEREOF, Affiant has set his hand on this 3/ day • of , 1990. By: Title: Chief of Police SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public, on this 3) day of •. 110 TA/)r'f 7 r •.-Ny Commission Expires: pVOL• ��Q=/2 99 • • 1990. Notary Public o0 3 • • • 5. The aforementioned vehicles are not currently titled in the State of Arkansas and the State Department of Finance and • Administration is the proper party to issue such title. 6. The Petitioner is the proper entity in whom the title to such vehicles snould vest and is the owner of such vehicles. 7. There is no known person or persons claiming title to said motor vehicles adversely to the Petitioner and there is no known lien against said motor vehicles. 8. Petitioner should be reflected as the titled owners of the subject vehicles and the Respondent should be directed to issue certificates of title to such vehicles in the name of the petitioner. WHEREFORE, Petitioner respectfully request this honorable court to issue an order finding that the Petitioners is the owner of a 1981 Chevrolet Corvette, Serial No ARKAVPC8810002916 and a 1984 Pontiac Trans Am ARKAVPC8240002915 and that the Arkansas State Department of Finance and Administration be directed to issue a certificate of title to Petitioner for the above-described motor vehicles. CITY OF FAYETTEVILLE, ARKANSAS A Municipal CorpoY ion. By: 2 l Jer y E.1Rose, 08ii38 City Attorney 113 W. Mountain Fayetteville, AR 72701 (501) 575-8313