Subject: 20942/AcceptSurplusPropety/PoliceDept
Date: Thu, 4 May 1989 09:49:48 -0500


                               RESOLUTION NO. 20942
                 
                 
                  A RESOLUTION AUTHORIZING THE ADMINISTRATOR OF
                  THE DEPARTMENT OF SAFETY TO ACT ON BEHALF OF
                  THE CHATTANOOGA POLICE DEPARTMENT IN ACQUIRING
                  FEDERAL SURPLUS PROPERTY.
                 
                 
                           ___________________________
                 
                 
       	    	 WHEREAS, the Department of General Services, Property
       Utilization Division, by authority of the Federal Property and
       Administrative Services Act of 1949, as amended, makes available
       federal surplus personal property to public agencies for public
       purposes and to nonprofit, tax-exempt health and educational
       institutions; and,
       	    	 WHEREAS, the Chattanooga Police Department, hereafter
       referred to as the Applicant, is desirous of utilizing the
       services and resources of the Department of General Services,
       Property Utilization Division, hereafter referred to as the State 

       Agency; and,
       	    	 WHEREAS, the Applicant certifies that it is a public
       agency or nonprofit educational or health institution exempt from 

       taxation under Section 501 of the U.S. Internal Revenue Code of
       1954; and
       	    	 WHEREAS, the Applicant further certifies that the
       property is needed and will be used for carrying out or promoting 

       for the residents of a given political area one or more public
       purposes and for no other purpose, or be used for public health 
or
0C
       educational purposes including research and for no other purpose; 

       and,
       	    	 WHEREAS, the Applicant agrees that all items of property
       shall be placed in use for the purposes for which acquired within 

       one (1) year of receipt and shall be continued in use for such
       purposes for one (1) 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 State
       Agency, and return said property to the State Agency, as 
directed;
       and,
       	    	 WHEREAS, the Applicant further agrees to adhere to any
       additional periods of restrictions placed on the property by the
       State Agency which shall include a total period of use
       restrictions for at least eighteen (18) months on all passenger
       motor vehicles and other items of property with a unit 
acquisition
       cost of $5,000 or more; and additional special terms, conditions, 

       reservations and restrictions on aircraft, vessels, special
       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,
       	    	 WHEREAS, the Applicant further agrees that during the
       period 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 State
       Agency, and in the event property is so disposed of without prior 

       approval of the General Services Administration or the State
       Agency, the Applicant will be liable for the fair market value or 

       the fair rental value of such property as determined by the
       General Services Administration or the State Agency; and,
       	    	 WHEREAS, the Applicant further certifies that it has the
       necessary funds to pay the handling or service charges or fees
       assessed by the State Agency and will remit such handling or
       service charges or fees within ninety (90) days of receipt; and,
       	    	 WHEREAS, it is understood that all property acquired
       regardless of acquisition cost or service charges will be on an
       "as is", "where is" basis, without warranty of any kind;
       	    	 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
       THE CITY OF CHATTANOOGA, TENNESSEE, That the Administrator of the 

       Department of Safety is authorized as a legal representative of
       the Chattanooga Police Department to act on its behalf in
       acquiring federal surplus property and so obligate said
       organization to the certifications and agreements contained in
       this document and on the distribution document; and that such
       person is further authorized at his discretion to further 
delegate
       this authority to any employee of the Chattanooga Police
       Department for the purpose of acquiring surplus property for use
       by the Chattanooga Police Department; and,
       	    	 BE IT FURTHER RESOLVED, that this authorization shall
       remain in full force and effect until revoked or revised by
       written notice of the Chattanooga Police Department to the State
       Agency.  It is the responsibility of the Chattanooga Police
       Department to notify the State Agency of any changes of the above 

       named representative.
      
       ADOPTED:	 March 26, 1996
      
       RLN:cjc