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HomeMy WebLinkAboutMO # 018MUNICIPAL ORDER NO. 18 A MUNICIPAL ORDER- AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF EDUCATION', DIVISION= OF SURPLUS PROPERTY, FOR ELIGIBILITY TO -PART-ICIPATE IN THE .-SURPLUS PROPERTY PROGRAM ' ' WHEREAS, - the State of -Kentucky through its Division of Surplus Property, by authority of the Federal Property and Administrative Services Act of 1949, -as amended, makes available federal surplus property to certain public agencies for public purposes and to certain nonprofit tax-exempt health and educational institutions, and WHEREAS, the City of Paducah; hereafter.referred to as the applicant donee, is desirous of utilizing the services and resources of the Division of Surplus Property, and, WHEREAS,- the applicant donee has submitted an Application for Eligibility and other supporting documents and has: beencertified as eligible 'to participate by the Division of Surplus Property, and - WHEREAS, the applicant donee: further. certifies that ,the :property 'is needed and will be used for either: carrying -out or promoting for the residents of- a given political area ane : or more public purposes ' and -for no other` purpose, or used "for public health or ;educational: -purposes including research and for no other purpose, and WHEREAS, -the- applicant donee further` certifies -that: all items of property - shall be placed in user for -the purpose for which acquired withi-n'one year of receipt and shall be continued in use for such purposes for one year from the date the property, was .placed in use, and' in the event the property is not so placed in use, or continued in use,-. the -donee shall immediately notify the Division of Surplus Property, and return said property -to the Division as :directed, and - WHEREAS, the applicant donee further agrees to adhere -to any -additional periods of restrictions placed on the property by the Division of Surplus Property which shall include a total period of use restrictions for at least 18 months on all passenger motor vehicles and other items of property with a unit acquisition cost of $3,000 or more; and additional: special terms; conditions;: reservations and restrictions on aircraft,. Vessels, special or limited or" restricted use items, and other items as specified in a Conditional Transfer Document or written on the face of the Distribution Document and Invoice, and WHEREAS, the applicant donee further agrees that during the .periods of restriction, it will not sell, trade, lease, lend, bail, encumber, or otherwise dispose of such property without prior approval of the General Services Administration or the Division of Surplus Property, and in the event property is so disposed of without prior approval of the Division of Surplus Property, the applicant donee shall 23 24 be liable for the fair market value and/or the fair rental value of such property as -determined by the ,General Services .Administration of the Division of Surplus Pro- perty, and to the other covenants attached' hereto, and WHEREAS, Ahe'applicant 'donee further Icertifies that it -has the necessary funds to pay the. handling Or -service charges 'or. fees "assessed by the Division of Surplus Property and `will •remit such handling or service charges or fees within 60 days of billing:, and WHEREAS', it it, understood that 'all= property acquired regardless of acquisition` cost or fair value will be on an "as is", "where is" -basis, without warranty of any kind. NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That James -C. Tidwell, City Manager; Carl G. Holder, Assistant City Manager;, Wayne S. Upshaw, City Engineer -and Richard'E., Nash, Community Development Director, be, and they are hereby, authorized as legal representatives- of, this Institution or Organization and its Governing Board, and its heirs; assigns and successors forever, to act -on its behalf in acquiring federal surplus property- and so obligate said Institution; Organization, and Governing Board to the certifications and agreements contained in this document and on the Distribution Document and Invoice; and that such person or persons are further authorized, at his or her discretion, to .further delegate this authority to any employee of the applicant donee for 'the purpose- of acquiring surplus property for use by the applicant donee organization. SECTION 2:. This authorization shall remain: in full -force and effect until revoked by written notice Of the applicant donee -to the Division of Surplus Property. SECTION 3. This Order -shall' be`in fual force. and -effect from and after the date of its- -adoption. • Mayor Passed by the Board of Commissioners October 21-, 1-980 Recorded by Louise McKinney, City Clerk, October 21, 1980.