HomeMy WebLinkAboutResolution - 2010-R0637 - Transfer Of Two Brush Trucks To Garza County For Fire Protection Lake Alan Henry - 12_15_2010Resolution No. 2010-R0637
December 15, 2010
Item No. 5.44
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is herby authorized and directed
to execute for and on behalf of the City of Lubbock approval of an Application for
Eligibility to Receive City Surplus Property for the transfer of two Brush Trucks, a 1978
International, VIN# D0512HCA17338, and a 1970 International, VIN# 486070H131087,
to Garza County to provide fire protection in and around the area of Lake Alan Henry.
The Fleet Manager of the City of Lubbock is hereby authorized and directed to prepare
and execute all necessary documents to transfer title of said vehicle to Garza County,
Said Application for Eligibility and associated documents are attached hereto and
incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
Passed by the City Council this December 15 , 2010.
TOM MART -IN, MAYOR
A'1'TFST:
-a- .e a �ir-
e e ca Garza, City Secretary
APPROVED AS TO CONTENT:
Mike Kemp, Fire thief
APPROVED AS TO FORM:
Amv L. Si
us/Fird'ruck-Crwis fer. res
1201 10
CITY OF LUBBOCK Resolution No. 2010—RO637
APPLICATION FOR ELIGIBILITY
To Receive City Surplus Property
I. LEGAL NAME & MAILING ADDRESS OF APPLICANT ORGANIZATION
Garza County 75-6009620
Name of Organization Federal Tax ID#
300 West Main Street, Post, Texas 79356
Mailing Address (P.O. Box #, Street, City & State) Zip Code
Street Address/Location (if different from mailing address)
Garza _ 806 495-4405
County Telephone #
II. APPLICANT STATUS (CHECK ONE):
❑ Civic Organization (evidence must be ❑ Charitable Nonprofit Tax-exempt
provided) Organization
Governmental Agency
III_ TYPE OR PURPOSE OF ORGANIZATION
State College or University Child Care Center Training Center Medical Institution
County Secondary School School for Handicapped Radlo/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) Clinlc
IV. PROVIDE A WRITTEN DESCRIPTION OF PROGRAM OR SERVICES OFFERED, INCLUDING A
DESCRIPTION OF FACILITIES OPERATED. (REQUIRED)
V. SOURC S OF FUNDING (Attach Supporting Documentation):
Tax Supported Grant Contributions Other (Specify)
VI. HAS THE ORGANIZATION f N DETERMINED TO BE TAX EXEMPT UNDER THE INTERNAL
REVENUE CODE?: N(/T (COPYREQU/RED)
VII. HAS THE ORGANIZATION BEEN APPROVED, ACCREDITED, OR LICENSED?_ (COPY
REQUIRED)
BY WHAT AUTHORITY?
Vill. /2` T -1/0
Date Signature of Authorized Official
FOR CITY USE ONLY
The applicant has been determined eligible ineligible
As a civic organization nonprofit education nonprofit health vernmental a enc
Eligibility expires: Account #
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MAYOR
Date
December 15, 2010
Date
MAIL COMPLETED FORMS TO: CITY OF LUBBOCK PURCHASING MANAGER, BOX 2000, LUBBOCK, TX 79457.
ATTEST: (Q
PUR-050 (Revised 5/17/00)
Rebec Garza, City Sec.
Resolution No. 2010—RO637
CERTIFICATIONS AND AGREEMENTS
(a) THE TRANSFEREE CERTIFIES THAT:
(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 LUBBOCI dne. or more public purposes, or if a nonprofit tax-exempt institution or
organization, the property is needed .fQr end will be used by the recipient for the furtherance of the purposes of the
CITY OF LUBBOCK. The property;'slncg eing acquired for any other use or purpose, or for sale or other
distribution; or for permanent use outside tW CITY OF LUBBOCK.
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(3) Funds are available to pay all costs and charges incident to transfer.
(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. In the event the
property is not so placed in use, or continued in use, the transferee shall immediately notify the CITY OF
LUBBOCK, and at the transferee's expense, return such property to the CITY OF LUBBOCK, or otherwise make the
property available for transfer or other disposal by the CITY OF LUBBOCK, provided the property is still usable as
determined by the CITY OF LUBBOCK.
(2) In the event the property is not so used or handled as required by (b)(1), title and right to the possession of such
property shall at the option of the CITY OF LUBBOCK revert to the CITY OF LUBBOCK and upon demand the
transferee shall release such property to such person as the CITY OF LUBBOCK or its designee shall direct.
(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 (b). The proceeds from any sale, trade, lease, loan, bailment, encumbrance or other
disposal of the property, when such action is authorized by the CITY OF LUBBOCK, shall be remitted promptly by
the transferee to the CITY OF LUBBOCK, as the case may be.
(2) In the event any of the property listed hereon is sold, traded, leased, loaned, bailed, cannibalized, encumbered, or
otherwise disposed of by the transferee from the date it receives the property through the period(s) of time the
conditions imposed by (b) remain in effect, without prior approval of the CITY OF LUBBOCK, the transferee, at the
option of the CITY OF LUBBOCK shall pay to the CITY OF LUBBOCK, as the case may be, the proceeds of the
disposal or the fair market value or the fair rental value of the property at the time of such disposal, as determined
by the CITY OF LUBBOCK.
(3) If at any time, from the date it receives the property through the period(s) of time the conditions imposed by (b) and
remain in effect, any of the property listed hereon is no longer suitable, usable, or further needed by the transferee
for the purpose(s) for which acquired, the transferee shall promptly notify the CITY OF LUBBOCK, and shall, as
directed by the CITY OF LUBBOCK, return the property to the CITY OF LUBBOCK, release the property to another
transferee or a department or agency of the CITY OF LUBBOCK, sell or otherwise dispose of the property. The
proceeds from any sale shall be remitted promptly by the transferee to the CITY OF LUBBOCK.
(4) The transferee shall make reports to the CITY OF LUBBOCK on the use, condition, and location of the property
listed hereon, and on other pertinent matters as may be required from time to time by the CITY OF LUBBOCK.
(5) At the option of the CITY OF LUBBOCK, the transferee may abrogate the conditions set forth in the terms,
reservations, and restrictions pertinent thereto in (c) by payment of an amount as determined by the CITY OF
LUBBOCK.
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Resolution No. 2010—RO637
CERTIFICATIONS AND AGREEMENTS
(a) THE TRANSFEREE CERTIFIES THAT:
(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 LUBBOCff 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 propeS -cq 1peing acquired for any other use or purpose, or for sale or other
distribution; or for permanent use outside tfie • ITY OF LUBBOCK.
(3) Funds are available to pay all costs and cftarges Incident to transfer.
(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. In the event the
property is not so placed in use, or continued in use, the transferee shall immediately notify the CITY OF
LUBBOCK, and at the transferee's expense, return such property to the CITY OF LUBBOCK, or otherwise make the
property available for transfer or other disposal by the CITY OF LUBBOCK, provided the property is still usable as
determined by the CITY OF LUBBOCK.
(2) in the event the property is not so used or handled as required by (b)(1), title and right to the possession of such
property shall at the option of the CITY OF LUBBOCK revert to the CITY OF LUBBOCK and upon demand the
transferee shall release such property to such person as the CITY OF LUBBOCK or its designee shall direct.
(c) THE TRANSFEREE AGREES TO THE FOLLOWING TERMS, RESERVATIONS, AND RESTRICTIONS:
(1) From the date it receives the property listed heron and through the periods) 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 (b). The proceeds from any sale, trade, lease, loan, baliment, encumbrance or other
disposal of the property, when such action is authorized by the CITY OF LUBBOCK, shall be remitted promptly by
the transferee to the CITY OF LUBBOCK, as the case may be.
(2) In the event any of the property listed hereon is sold, traded, leased, loaned, bailed, cannibalized, encumbered, or
otherwise disposed of by the transferee from the date it receives the property through the period(s) of time the
conditions Imposed by (b) remain In effect, without prior approval of the CITY OF LUBBOCK, the transferee, at the
option of the CITY OF LUBBOCK shall pay to the CITY OF LUBBOCK, as the case may be, the proceeds of the
disposal or the fair market value or the fair rental value of the property at the time of such disposal, as determined
by the CITY OF LUBBOCK.
(3) If at any time, from the date it receives the property through the period(s) of time the conditions imposed by (b) and
remain In effect, any of the property listed hereon Is no longer suitable, usable, or further needed by the transferee
for the purpose(s) for which acquired, the transferee shall promptly notify the CITY OF LUBBOCK, and shall, as
directed by the CITY OF LUBBOCK, return the property to the CITY OF LUBBOCK, release the property to another
transferee or a department or agency of the CITY OF LUBBOCK, sell or otherwise dispose of the property. The
proceeds from any sale shall be remitted promptly by the transferee to the CITY OF LUBBOCK.
(4) The transferee shall make reports to the CITY OF LUBBOCK on the use, condition, and location of the property
listed hereon, and on other pertinent matters as may be required from time to time by the CITY OF LUBBOCK.
(5) At the option of the CITY OF LUBBOCK, the transferee may abrogate the conditions set forth in the terms,
reservations, and restrictions pertinent thereto in (c) by payment of an amount as determined by the CITY OF
LUBBOCK.
(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) Where a transferee carries insurance against damages to or loss of property due to fire or other hazards and where
loss of or damage to transferred property with unexpired terms, conditions, reservations or restrictions occurs, the
CITY OF LUBBOCK, as the case may be, will be entitled to reimbursement from the transferee out of the Insurance
proceeds, of an amount equal to the unamortized portion of the fair market value of the damaged or destroyed
transferred items.
DESCRIPTION OF TRANSFERRED PROPERTY
1-19781nternatlonal Brush Truck — VIN# D0512HCA17338 — V#780068
1.1970 International Brush Truck — VIN# 486070H131087 — V#710002
Garza County, Texas
NAME OF ORGANIZATION (TRANSFEREE)
A9
DATE
SIGNATURE OF AUTHORIZED OFFICIAL
Garza County Judoe
TITLE
MAIL COMPLETED FORMS TO: CITY OF LUBBOCK PURCHASING MANAGER, BOX 2000, LUBBOCK, TX 79457.
PUR-044 (Revised 5/17/00)