HomeMy WebLinkAboutResolution - 2006-R0554 - Authorize Transfer - WPS - Surplus And Salvage Property - 11_21_2006Resolution No. 2006-RO554
November 21, 2006
Item No. 5.7
RESOLUTION
WHEREAS, the City Council of the City of Lubbock, upon finding a public
purpose and benefit to the citizens of Lubbock, may authorize the transfer of certain City -
owned surplus and salvage property at no cost; and
WHEREAS, the City of Lubbock owns certain surplus property it wishes to
transfer (herein called the "Surplus Property") at no cost; and
WHEREAS, the City Council finds that the services provided by Women's
Protective Services of Lubbock, Inc. (herein called the "Transferee"), a Texas Non-profit
Corporation, provide a significant public benefit to the citizens of the City of Lubbock;
and
WHEREAS, the City Council finds that the transfer of the Surplus Property to the
Transferee at no cost provides a public benefit and further the health, safety, and welfare
of the citizens of the City of Lubbock:
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
THAT the City Council of the City of Lubbock does hereby transfer the Surplus
Property as listed in Exhibit "A", to the Transferee at no cost to the Transferee. Said
Exhibit "A" is attached hereto and incorporated in this resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
Passed by the City Council this 21st day of November , 2006.
DAVID A. KIILLER, MAYOR
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Marta`A4varez, Purchasing
APPROVED AS TO FORM:
Alny�� s i
A nt City Attorney
gs:/ccdocs/font WPS-city surplus property.res
Nov. 10, 2006
Resolution No. 2006—RO554
CITY OF LUBBOCK
APPLICATION FOR ELIGIBILITY
To Receive City Surplus Property
1. LEGAL NAME & MAILING ADDRESS OF APPLICANT ORGANIZATION
Women's Protective Services of Lubbock, Inc. 75-1633066
Name of Organization Federal Tax ID#
P.O. Box 54089 , Lubbock, TX 79453
Mailing Address (P.O. Box #, Street, City & State) Zip Code
8910 S. University (CONFIDENTIAL)
Street Address/Location (if different from mailing address)
Lubbock 8L06 ) 748-5292
County Telephone #
11. APPLICANT STATUS (CHECK ONE):
D Civic Organization (evidence must be ❑ Governmental Agency
provided)
$I Charitable Nonprofit Tax-exempt Organization
III. TYPE OR PURPOSE OF ORGANIZATION
State College or University Child Care Center Training Center Medical Institution
County Secondary School School for Handicapped Radio/TV Station Hospital
City Elementary School School for Retarded Library Health Center
School District Preschool Museum Sheltered Workshop Training Program
Program for Older Individuals Provider of Assistance to Homeless Individuals
Other (specify) Shelter for Battered Women and Chili drevelinic
IV. PROVIDE A WRITTEN DESCRIPTION OF PROGRAM OR SERVICES OFFERED, INCLUDING A
DESCRIPTION OF FACILITIES OPERATED. (REQUIRED)
V. SOURCES OF FUNDING (Attach Supporting Documentation):
Tax Supported Grant Contributions Other (Specify)
Vl. HAS THE ORGANIZATION BEEN DETERMINED TO BE TAX EXEMPT UNDER THE INTERNAL REVENUE
CODE?: Yes (COPY REQUIRED)
VII. HAS THE ORGANIZATION BEEN APPROVED, ACCREDITED, OR LICENSED? NSA (COPY
REQUIRED)
BY WHAT AUTHORITY?
Vlll.
Date Signature of Xuthorized Official
FOR CITY USE ONLY
The applicant has been determined eligible ineligible
As a civic organization nonprofit education nonprofit health governmental agency
Eligibility expires:
ity
fi
MAYOR
Account #
Date
November 21, 2006
Date
MAIL COMPLETED FORMS TO: CITY OF LUBBOCK PURCHASING MANAGER, BOX 2000, LUBBOCK, TX 79457.
PUR-050 (Revised 5/17/00)
CERTIFICATIONS AND AGREEMENTS
(a) THE TRANSFEREE CERTIFIES THAT: Exhibit "A"
(1) It is a civic organization or a nonprofit institution or organization, exempt from taxation under the Internal Revenue Code and/or
the regulations of the CITY OF LUBBOCK; or is a governmental agency.
(2) If a civic organization, the property is needed and will be used by the recipient for carrying out or promoting for the residents of
the CITY OF LUBBOCK one or more public purposes, or if a nonprofit tax-exempt institution or organization, the property is
needed for and will be used by the recipient for the furtherance of the purposes of the CITY OF LUBBOCK, The property is
not being acquired for any other use or purpose, or for sale or other distribution; or for permanent use outside the CITY OF
LUBBOCK.
(b) THE TRANSFEREE AGREES TO THE FOLLOWING CONDITIONS:
(1) All items of property shall be placed in use for the purpose(s) 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. The property acquired in this
transfer shall be used to replace damaged and broken furniture in Lubbock shelters and battered women and children.
(c) THE TRANSFEREE AGREES TO THE FOLLOWING TERMS, RESERVATIONS, AND RESTRICTIONS:
(1) From the date it receives the property listed heron and through the period(s) of time the conditions imposed by (b) remain in
effect, the transferee shall not sell, trade, lease, lend, bail, cannibalize, encumber, or otherwise dispose of such property, or
remove it permanently, for use outside the CITY OF LUBBOCK, without the prior approval of the CITY OF LUBBOCK
under.
(d) THE TRANSFEREE AGREES TO THE FOLLOWING CONDITIONS, APPLICABLE TO ALL ITEMS OF PROPERTY
LISTED HEREON:
(1) The property acquired by the transferee is on an "as is, where is" basis, without warranty of any kind, and the CITY OF
LUBBOCK, its agencies or assigns, and employees thereof will be held harmless from any or all debts, liabilities, judgments,
costs, demands, suits, actions, or claims of any nature arising from or incident to the transfer of the property, its use, or final
disposition.
(2) The transferee shall become the sole owner of the property upon completion and approval of the transfer documents
DESCRIPTION OF TRANSFERRED PROPERTY
Surplus furniture.
Women's Protective Services
NAME OF ORGANIZATION (TRANSFEREE)
November 13, 2006
DATE
- k&A' 1��
SIGNATURE CWAUTHORIZED OFFICIAL
Executive Director
TITLE
MAIL COMPLETED FORMS TO: CITY OF LUBBOCK PURCHASING MANAGER, BOX 2000, LUBBOCK, TX 79457.
Internal Revenue Service
Oistrict Director
D _ rtment of the Treasury
Da to:
APR 0 21980
CO. Women's Protacciva Services of
Lubbock, Inc.
3804 64 tip. Drive
Lubbock] Texas 79410
—'" Dear Ladies- & .Gesnt~lemaa:
Our LAtter Dated:
April 3, 1979
Parson to Contact:
►iinnis ,Husby
Contact Telephone Nusmb4r:
214 767 122.7
E0:2:309:MN
DAL:E0:80-298
>±'SDERAL TAX # 75-1633066
This modifies our Letter of the above date in which we stated that
you would be treated as an organization which is not a private foundation
until the expiration of your advance ruling period.
Based on the information you submitted, we have determined that you
are not a private foundation within the meaning of section 509(a) of the
Internal Revenue Code, because you are an organization of the type described
in section. Y7A I-Cli M W� Your exempt status under section 501.(e)(3) of the
code is still in effect.
Grantors and contributors may rely on this determination until the
Internal Revenue Service publishes notice to the cont ra.y. However, P6
grantor or a contributor may not rely on this determination if he gr she was
in part responsible for, or was aware of, the act or failure to act th¢t
.resulted in your'loss of section 504ra7ell status, or acggired
knowledge that the Internal Revenue Service'had given notice. that you would
be removed from classification as a section . 5(IgGL) ) organization;
Because this letter could help resolve any questions about your private
foundation• status, please keep it in your permanent records.
If you have any questions, please contact the person whose name and
telephone number are shown above.
1100 Commerce St., Dallas, Tax= 75242
Sincerely yours,
112 a
A. W. McCanless
District Director
Letter 1050 (00) (7-77)
8h
Office of
Purchasing
P.O. Box 2000
Lubbock, Texas 79457
(806) 775-2167 • Fax (806) 775-2164
r
DATE October 26, 2006
TO Lee Ann I)Plbauld, City Manager
FROM 4 �Ivlrez, Purchasing Manager
SUBJECT Transfer of City Surplus
Under the City's Purchasing Policies and Procedures, the Purchasing and Contract Management
Department is responsible for the disposition of all City -owned surplus and salvage property.
Pursuant to this policy, City Council may authorize the transfer of such property to other
governmental agencies and to charitable and civic organizations provided the organization
performs a function for the benefit of the residents of the City of Lubbock. All requests for
transfer of surplus City property is required to be submitted on City approved forms and
addressed to the Purchasing Manager, who reviews the requests and makes a written
recommendation to the City Manager. If approved by the City Manager, the request must be
submitted to the City Council for their review and approval.
Please accept this letter as my recommendation to accept the Application for Eligibility to
receive surplus property from Women's Protective Services of Lubbock for surplus furniture
used by the evacuees of Hurricane Katrina following the evacuation of New Orleans. The
Federal Emergency Management Agency has reimbursed the City for the cost of these items.
Women's Protective Services will use this furniture to replace damaged and broken furniture in
Lubbock shelters for battered women and children.
Once you have approved and returned the attached Application for Eligibility, I will place this
item on the next available City Council agenda for approval.
CITY OF LUBBOCK
MEMO
TO: Legal Department DATE: October 30, 2006
FROM: Marta Alvarez, Purchasing Manager
SUBJECT: Request for Legal Services
1. Request for Legal Services (please be specific): Resolution authorizing the Mayor to sign
a contract for and on behalf of the City of Lubbock with WOMEN'S PROTECTIVE
SERVICE of LUBBOCK, TX and any associated documents, for APPLICATION FOR
ELIGIBILITY TO RECEIVE CITY SURPLUS PROPERTY FOR THE TRANSFER OF
SURPLUS FURNITURE
2. Do you desire an initial conference with an attorney on your request? No.
3. Phone number where you may be reached for follow-up on this request. Ext. 2572.
4. Background information (please state any background information which will assist the
attorney in handling your request):
5. Documentation (please state any document that concerns this request and attach a copy
of it to this request if possible):
6. EMERGENCY STATUS (I hereby request that this matter be handled as an emergency
and given expedited consideration by the Legal Department for the following- reasons):
7. Desired completion date: October 30, 2006
8. APPROVED AS TO CONTENT SIGNATURE: Bill Howerton, Community
Development Director
Signature:
RECEIVED BY LEGAL:
RECEIVED
OCT 3 0 2006
RECEIVED BY ATTORNEY:
ATTORNEY
Anticipated Completion Date:
Actual Completion Date:
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