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Document
ART - Surplus Property Best Practices 2009
Year Created: 2009
DOCUMENT
FORM - Surplus Disposal 2000
- YEAR CREATED: 2000
- ENTITY TYPE: City/Township
- TYPE OF DOCUMENT: FORM - Form
- Policies and Procedures
- Property
This document is a certification and agreement form (PUR-049) for the transfer of property from the City of Lubbock to a civic organization, nonprofit institution or organization, or a governmental agency. The transferee must certify that they are exempt from taxation under the Internal Revenue Code and/or the regulations of the City of Lubbock, and that the property will be used for carrying out public purposes or for furthering the purposes of the City of Lubbock.
The transferee agrees to certain conditions, including placing the property in use for the intended purposes within one year of receipt and continuing to use it for one year thereafter. If the property is not used as required, the transferee must notify the City of Lubbock and return the property at their own expense. If the property is not used or handled as required, the City of Lubbock has the option to reclaim the property.
The transferee also agrees to certain terms, reservations, and restrictions, including not selling, trading, leasing, lending, or otherwise disposing of the property without prior approval from the City of Lubbock. If the property is disposed of without approval, the transferee may be required to pay the proceeds of the disposal or the fair market value or fair rental value of the property to the City of Lubbock.
If the property is no longer needed by the transferee, they must promptly notify the City of Lubbock and return the property, release it to another transferee or a department/agency of the City of Lubbock, or sell or dispose of it. The proceeds from any sale must be remitted to the City of Lubbock.
The transferee is also required to make reports to the City of Lubbock on the use, condition, and location of the property, and may have the option to abrogate the conditions set forth in the terms, reservations, and restrictions by payment of an amount determined by the City of Lubbock.
The transferee agrees that the property is acquired on an "as is, where is" basis, without warranty, and holds the City of Lubbock harmless from any debts, liabilities, or claims arising from the transfer, use, or disposition of the property. If the transferee has insurance for damages or loss of the property, the City of Lubbock may be entitled to reimbursement from the insurance proceeds.
The document also includes a section for describing the transferred property and requires the signature of an authorized official from the transferee organization. The completed forms are to be mailed to the City of Lubbock Purchasing Manager.