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HomeMy WebLinkAboutSurplus Prop Program/t~ 4~ A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF EDUCATION, DIVISION OF SURPLUS PROPERTY, FOR ELIGIBILITY TO PARTICIPATE 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 institu- tions , 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 Pro- perty , and WHEREAS , the applicant donee has submitted an Application for Eligibility and other supporting documents and has been certified 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 one 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 use for the purpose for which acquired within 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 Divsion 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 restric- tions 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 be f ~., f ~~ liable for the fair market value and/or the fair rental value of such property as determined by the General Services Administration or the Division of Surplus Pro- perty , and to the other covenants as shown on the "Donee Authorization" , and WHEREAS , the applicant donee further certifies 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 is understood that all property acquired regardless of acquisition cost or fair value will be on the "as is", "where is" basis, without warranty of any kind . NOW , THEREFORE , BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH , KENTUCKY: SECTION 1. That James C. Tidwell, City Manager, is authorized as a legal representative 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. That 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 resolution shall be in full force and effect from and after the date of its adoption . Mayon Protem Commissioner Passed by the Board of Commissioners March 27, 1979 Recorded by Louise McKinney, City Clerk, March 27, 1979.