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.