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Resolution 10120006.900000 WSS/gjz 10/10/01 RESOLUTION NO. 1012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DECLARING THE REMAINING PORTIONS OF A CARVED POLE TO BE CONDITIONALLY SURPLUS TO THE NEEDS OF THE CITY, CALLING FOR BIDS AND/OR PROPOSALS, AND ESTABLISHING A PUBLIC PROCESS FOR CONSIDERATION OF SUCH BIDS AND/OR PROPOSALS. WHEREAS, a carved wooden pole was donated to the City and located on City property for many years, and, WHEREAS, such pole was a part of the City's public arts inventory, and WHEREAS, due to deteriorated condition of the carved pole, the pole was determined by the Edmonds Arts Commission to no longer be appropriate for retention as a part of the City's public arts inventory and was de -accessioned, and WHEREAS, pursuant to the wishes of the family which originally donated the pole and due to concerns regarding the need to properly dispose of the pole because of the presence of lead paint, the pole was cut into sections and directed for disposal at a construction landfill site by placement in a dumpster designated for such purpose, and WHEREAS, while portions of the pole were disposed of, other portions were removed from the dumpster and are currently in the possession of a private party, and WHEREAS, the City has initiated a replevin action to recover the remaining portions of the carved pole, and {WSS491837.DOC;1/00006.900000/} - 1 - WHEREAS, the Mayor as property manager of the City has determined that one potential use for the portions of the pole upon their return might be in conversion to park benches, and WHEREAS, the City Council wishes to evaluate the potential value of the pole for sale to private parties or the potential value to the Edmonds community of providing portions of the pole to local charitable, civic and/or educational entities within the City, now therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. In order to better evaluate potential uses for the pole, the City Council wishes to consider bids and proposals for the use of the pole by private and quasi -public entities. The City Council therefore declares the pole to be surplus to the needs of the City, conditioned as set forth herein. Section 2. Conditions: By its declaration that the pole is surplus to the needs of the City, the City Council has not determined that the pole should be ultimately abandoned, but rather wishes to determine the relative value of the pole if retained in public ownership and used for park benches or other uses by the City, compared with the value which could be derived from the sale of portions of the pole or the conversion of portions of the pole to other public uses within the community. By its declaration of the pole as surplus, the City Council reserves the right to determine, in its legislative discretion, whether the remaining portions of the pole should be finally surplused and sold, provided in whole or in part to civic, charitable or educational entities within the City for use within the City or retained by the City for public uses under its own auspices. {WSS491837.D0C;1/00006.900000/} - 2 - Section 3. The City Clerk is hereby authorized to post and publish a notice requesting in approximately the following format: ANNOUNCEMENT: The City of Edmonds is considering private and public proposals for portions of a carved cedar pole. The pole was originally carved approximately sixty years ago and has been cut into portions. The portions are coated with a significant amount of a lead paint. As a part of consideration for any transfer, any bidder or proposer would be required to indemnify and hold harmless the City from any and all liability of any kind or nature associated with the lead paint as well as contractual promises to dispose of the pole in accordance with state and federal regulation. In addition to these promises, private parties should indicate the price which they would pay for identified portions of the pole. Pictures of the various portions of the pole are available for review at the office of the City Clerk at the City of Edmonds, 121 - 5th Avenue North, Edmonds, WA 98020. Civic, charitable, and/or educational entities within the City are encouraged to make proposals as to how they would utilize the pole to provide a public benefit to the citizens. Written proposals must be submitted on or before 5:00 p.m. on , 2001. Section 4. Upon receipt of the bids and/or proposals, the City Council will consider them along with uses to which the pole could be put to use by the City while retaining it in public ownership. Nothing in this Resolution should be interpreted as an abandonment of the City's interest in the pole, but rather indicates only the intent of the City Council to consider appropriate public and/or quasi -public uses as well as the financial benefit to the City that might be derived from sale of the pole. RESOLVED this 5th day of November, 2001. APPROVED: M OR, 14AAKENSON ATTEST/AUTHENTICATED: ,,L� � ±4,., CITY CLERK, SANDRA S. CHASE {WSS491837.DOC;1/00006.900000/} - 3 - FILED WITH THE CITY CLERK: 11/02/2001 PASSED BY THE CITY COUNCIL: 11/05/2001 RESOLUTION NO. 1012 {WSS491837.DOC;1/00006.900000/} - 4 -