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HomeMy WebLinkAbout2011-077 1 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DONATION OF THE 1965 SEAGRAVE TILLER 4 TRUCK AND ANCILLARY EQUIPMENT TO FIRE MEMORIES, INC. RESOLUTION NO. 2011- 77 5 6 WHEREAS, pursuant to Section 40(a) of the Charter of the City of San Bernardino, the 7 Mayor and Common Council are vested with the power to dispose of the personal property of the 8 City "for the common benefit"; and 9 WHEREAS, although through adoption of San Bernardino Municipal Code Section 10 3.04.100(A), the Mayor and Common Council have placed limitations on the actions of the 11 purchasing agent and the City Manager or his designee with respect to disposal of the personal 12 property of the City, it was not the intent of the Mayor and Common Council that by so doing 13 they would thereby impose a limitation on the authority of the Mayor and Common Council to 14 take action pursuant to the power vested in them by Charter !l 40(a) to dispose of the City's 15 personal property "for the common benefit"; and 16 WHEREAS, Fire Memories, Inc. has requested a donation of one fire truck and ancillary 17 equipment; and 18 WHEREAS, it is the finding of the Mayor and Common Council that Fire Memories, 19 Inc. is a non-profit benefit corporation not for the private gain of any person; the purpose of the 20 corporation is to collect, preserve and exhibit firefighting equipment of all types and of all ages 21 for exhibition to the general public for historical and educational purposes; and 22 WHEREAS, it is the finding of the Mayor and Common Council that the 1965 Seagrave 23 Tiller Truck, VIN #QllO and ancillary equipment, (together the "Surplus Property") are surplus 24 personal property of the City of San Bernardino with a combined estimated value of $6,200; and 25 WHEREAS, it is the finding of the Mayor and Common Council that the disposal of the 26 Surplus Property to Fire Memories, Inc. under such terms and conditions as are hereinafter set 27 forth shall constitute the disposal of the Surplus Property for the common benefit; and, 28 2011-77 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DONATION OF THE 1965 SEAGRAVE TILLER 2 TRUCK AND ANCILLARY EQUIPMENT TO FIRE MEMORIES, INC. 3 4 WHEREAS, Fire Memories, Inc. has agreed that it will use the apparatus and ancillary 5 equipment only for exhibition to the general public for historical and educational purposes and 6 will not sell, donate or otherwise dispose of the apparatus and fire equipment; and, 7 WHEREAS, Fire Memories, Inc. has further agreed to house the apparatus in a safe 8 place, provide proper maintenance, maintain proper insurance coverage, and operate the 9 apparatus in full compliance with the law. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The facts set forth in the recitals to this Resolution are accurate and complete in all respects and are hereby incorporated herein. SECTION 2. That the Mayor and Common Council do hereby donate to Fire Memories, Inc. in Banning, California, on the terms set forth above, the following surplus fire apparatus: 1965 Seagrave Tiller Truck, VIN #Q1IO, and ancillary equipment, subject to the terms set forth in the March 7, 2011 letter from Fire Memories, Inc., a copy of which is attached hereto and incorporated herein as Exhibit "A." III III III III III III III III III 2011-77 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DONATION OF THE 1965 SEAGRAVE TILLER 2 TRUCK AND ANCILLARY EQUIPMENT TO FIRE MEMORIES, INC. 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and joint 5 Common Council of the City of San Bernardino at a regular meeting thereof, held on the 6 day of April 4 ,2011, by the following vote, to wit: 7 8 9 10 11 12 13 COUNCIL MEMBERS: A YES NAYS ABSTAIN ABSENT MARQUEZ VACANT BRINKER ----1L. ----1L. SHORETT ----1L. KELLEY ----1L. JOHNSON ----1L. MCCAMMACK ----1L. R~h.~ Racliel Clark, City Clerk The foregoing Resolution is hereby approved this 5 nfday of -Ap~, 20 II. ayor Approved as to form: By: L 1-f~ () littachment "A" 2011-77 r:'jre I\~emories Inc Douglas W. Hammer P.O. Box 817 Banning, CA 92220 January 6, 20ll San Bernardino City Fire Department c/o Battalion Chief, Dennis Moon 200 E. 3rd Street San Bernardino, CA 92410 Dear Battalion Chief Moon: As per our phone conversation, Wednesday, January 5, 20ll, this letter is to follow up on the information you have requested from Fire Memories, Inc. Fire Memories, Inc. is, at this time, being relocated from Cheney, Washington to southern California. Currently, 90% of the museum's contents are in storage at 10469 Bluff Street, Banning, California. Fire Memories, Inc. is a 50lc3 non profit corporation, #33-0803843, and has been since 1998. The 1965 Seagrave Ladder Truck we have been discussing would be great addition to our museum to show the 1960's era of firefighting equipment. Enclosed you will find a copy of the museum's Incorporation documents. Currently we are discussing with the City of Banning and the City of Beaumont a location for a pennanent home for Fire Memories, Inc., Museum ofFirefighting. I thank you for all of the time you have spent dealing with this matter. Sincerely, ~~~0.1J~ Douglas W. Hammer Managing Director of Fire Memories, Inc. cc: Carolyn G. Green CEO, Fire Memories, Inc. It' 2024!r;'? ..&;; ia SECRETARY OF STATE /.;2- I, BIll JONES, Secretary of State of the State of California, hereby certify: That the attached transcript has been compared with the record on file in this office, of which it purports to be a copy, and that it is full, true and correct. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this ~' Secretary of State 2011-77 2024977 . . . ENDORSED. FILED ARTICLES OF INCORPORATIO~lhe~=~~S!m! JAN 14 1998 OF BItl JONES, Secrelaty of Stale FIRE MEMORIES, INC. I. NAME a;"..I.... :,......;..... ........., ii'J name of this corporation is: FIRE MEMORIES, INC. n. PURPOSES lis corporation is a non-profit public benefit corporation and is not organized for the ivate gain of any person. 'It is orglmi7ed under the California Non-Profit Public Benefit lrporation Law for public purposes. The public purpose of the corporation is to collect., ~serve and exhibit fire fighting equipment of all types and of all ages for exhibition to the nera! public for historical and educational purposes. NotwithStanding any other provision of these articles, the corporation shall not carry any other activities not permitted to be carried on by a corporation exempt from federal ;ome tax under Section 501(c)(3) of the Internal Revenue Code of 1986 (or the rresponding provision of any future United States Internal Revenue Law), or by a rporation contributions to which are deductible under Section 170(c)(2) of the Internal :venue Code of 1986 (or the corresponding provisions of any future United States Internal ~venue Law). III. INITIAL AGENT FOR SERVICE OF PROCESS Ie name of the initial agent of the corporation for service of process is: CAROLYN UTILE 38-725 Rancho Los Cerritos Indio, CA 92203 IV. DIQ.ECTORS Ie Corporation shall have five (5) directors. The names and addresses of the persoris who ~ to act in the capacity of directors until selection of their successors are: Robert Alan Green 38-725 Rancho Los Cerritos Indio. CA 92203 Carolyn Little 38-725 Rancho Los Cerritos Indio. CA 92203 1 2011-77 [xhiJLit "/I" Fire Memories, Inc FIRE MUSEUM 33-0803843 WV'lVV.FIREMEMORIES.ORG Douglas W. Hammer P.O. Box817 Banning, CA 92220 March 7, 2011 San Bernardino City Fire Department c/o Fire Chief, Michael Conrad 200 E. 3'd Street San Bernardino, CA 92410 Dear Chief Conrad; Fire Memories, Inc. is a 501(c) 3, non-profit in California and has been since 1998. The mission of Fire Memories, Inc. Museum is to maintain properly, tbe art and artifacts oftbe collection, to preserve the history and heritage of firefighting, to serve as a memorial to tbose who have dedicated their lives to the fire and emergency services and to educate the public in fire safety and prevention. Weare currently discussing with the City of Banning and tbe City of Beaumont a location for a pernianent home for Fire Memories, Inc. Museum of Firefighting. Wben a permanent location is secured, Fire Memories, Inc. wants to add to its museum an Education Center where public, private, and home schooled children can learn about fire safety and fire prevention. Within the education center will be a 'hands on learning & exploring' area where children and adults can be taught fire safety and experience the historical apparatus and equipment that brings a sense of pride to tbis career of dedication to saving lives. It is with regard to this museum we are respectfully requesting your donation of the ] 965 Seagrave Ladder Truck which would be a great addition to our museum to show tbe ] 960's era firefighting equipment. The Fire Memories, Inc. Museum contains more tban two-thousand, two- hundred (2200) historical fire related and/or memorabilia items. Some items that are contained in the museum include: 7 motorized fire apparatus, ] 7 hand or horse drawn apparatus, a complete 30 foot section of leather fire hose, pompier or scaling ladders, station gongs, fire alarms, fire hose, 275+ fire extinguishers, 27 fire hydrants, 25 fire helmets, over 2,0]3 fire department patches, a variety of fire nozzles, airport fire extinguishers, and too many more items to list individually. An extensive research library is also part oftbe museum. Currently, over one- hundred fire department items are on loan from Fire Memories, Inc. and on exhibit witb the Historical Society of Palm Desert. Also, Applebee's Restaurant, located in Palm Desert, contains a display of items from our Fire Memories, Inc. Museum along with approximately 55 items on display at the San Gorgonio Historical Society in Beaumont. If/when we receive this 1965 Seagrave Ladder Truck, we fully understand that it is our responsibility to: . House tbe apparatus is a safe place . Provide proper insurance coverage for the apparatus . Maintain the apparatus . Operate it in full compliance with the law 2011-77 . Have the apparatus available for the San Bernardino City Fire Department to use at special events/functions We thank you for considering this donation to Fire Memories, Inc. Sincerely, ~~(kJ(~ 1J~~ Douglas W. Hammer Managing Director of Fire Memories, Inc.