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RESOLUTION NO. 3150
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A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARCADIA, CALIFORNIA,
AUTHORIZING LAWRENCE E. COOK AS
CIVIL DEFENSE DIRECTOR TO SIGN
WAREHOUSE ISSUE SHEET (SEASP FORM
111) OF THE CALIFORNIA STATE
EDUCATIONAL AGENCY FOR SURPLUS
PROPERTY.
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES
RESOLVE AS FOLLOWS:
SECTION 1. That Lawrence E, Cook as Civil Defense Director
shall be and he is hereby authorized as the representative of the
City of Arcadia to sign the warehouse issue sheet (SEASP Form 111)
of the California State Educational Agency for Surplus property
which contains the following terms and conditions:
1. The Donee hereby certifies that:
a. It is a tax-supported or nonprofit and tax-exempt
(under Sect;ion 501 (c) (3) of the Internal Revenue Code of 1954
or Section 101(6) of the Internal Revenue Code of 1939) school
system, school, college, university, medical institution, hos-
pital, clinic or health center, or a civil defense organization
designated pursuant to State law, within the meaning of the
Federal Property and Administrative Services Act of 1949, as
amended, and the regulations of the Department of Health,
Education, and Welfare (hereinafter referred to as "The Depart-
ment") ,
b, The property requested by this document is usable
and necessary in the State for either educational, publiC health,
or civil defense purposes including research for any such pur-
pose, is required for its own use to fill an existing need, and
is not being acquired for any other use or purpose, for use
outside the State, or for sale,
c, Funds are available to pay the costs of care and
handling incident to donation, including packing, preparation
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for shipp:Lng, loading and transporting such property,
d. Property acquired by a donee, regardless of acqui-
sition cOBt, shall be on an "as is", "where is" basis without
warranty of any kind.
e. With respect to any property listed on this docu-
ment or attachments hereto which has a single item acquisition
cost of $2,500.00 or more, the donee agrees to the terms and
conditiom; in Paragraph 2 and with respect to any such prop-
erty other than aircraft, to the terms and conditions in one
of Paragraphs 3 or 4, whichever is appropriate by virtue of the
designation of purpose indicated on the face of this document,
2. Terms and conditions applicable to any donated prop-
erty having a single item acquisition cost of $2,500,00 or more, re-
gardless of the purpose for which acquired:
Cl. Such property shall be used only for the educa-
tional, publiC health, or civil defense purpose for which ac-
quired, including research for any such purpose, and for no
other purpose,
b, Donees shall make reports to the State Agency on
the use, condition, and location of such property and on other
pertinent matters as may be required from time to time by the
State Agency, the Department, or the Office of Civil and De-
fense Mobi.lization, as appropriate.
3, 'I'erms and conditions applicable to property other than
aircraft having a single item acquisition cost of $2,500.00 or more
donated for educational or publiC health purposes:
8., Such property shall be placed in use for the pur-
pose for which acquired no later than twelve months after ac-
quisition thereof, In the event such property is not placed
in use within twelve months of receipt, the donee, within 30
days after the expiration of the twelve-month period, shall
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notify the Department in writing through the appropriate State
Agency, Title and right to the possession of such property
not so placed in use within the above mentioned period shall
at the option of the Department revert to the United States
of America, and upon demand the donee shall release such prop-
erty to such person as the Department or its designee shall
direct,
b. There shall be a period of restriction which will
expire after such property has been used for the purpose for
which acquired for a period of four years, except that the
period of restriction on motor vehicles donated subsequent to
June 3, 1955, will expire after a period of two years of such
use.
c, During the period of restriction the donee shall
not sell, trade, lease, lend, bail, encumber, or otherwise
dispose of such property or remove it for use outside the
State without prior written approval of the Department, Any
sale, trade, lease, loan, bailment, encumbrance or other dis-
posal of property, when such action is authorized by the De-
partment, shall be for the benefit and account of the United
states of America and the net proceeds thereof shall be re-
ceived and held in trust for the United States of America and
shall be paid promptly to the Department, except in those
instances in which the Department determines that the Govern-
ment's awninistrative costs in connection with receipt thereof
will exce,=d such net proceeds.
d. In the event such property is sold, traded, leased,
loaned, bailed, encumbered, or otherwise disposed of during the
period of restriction without prior approval, the donee at the
option of the Department, shall be liable to the United States
of America for the proceedS of the disposal or for the fair
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market value of the property at the time of such disposal as
determined. by the Department,
e. If, during the period of restriction, property
is no longer suitable, usable or further needed by the donee
for the purpose for which acquired, the donee shall promptly
notify the Department through the State Agency, and shall, as
directed by the Department or State Agency, either retransfer
the property to such department or agency of the United States
of America or such other donee as may be designated, or sell
the property at public sale. Such public sale shall be for
the benefit and account of the United States of America and
the net proceeds thereof shall be received and held in trust
for the United States of America, and shall be paid promptly
to the Department, except in those instances in which the De-
partment determines that the Government's administrative costs
in connection with receipt thereof will exceed such net pro-
ceeds.
f. At the option of the Department, the donee may
abrogate the terms and conditions set forth in Paragraphs 2
and 3 by payment of an amount as determined by the Department.
4. Terms and conditions applicable to property other than
aircraft having a single item acquisition cost of $2,500,00 or more
donated for civil defense purposes:
a, With respect to property donated for civil defense
training purposes there shall be a period of restriction which
will expire after such property has been used for such pur-
pose for a period of four years, except that the period of re-
striction on motor vehicles will expire after a period of two
years of such use,
b, With respect to property donated for operational
readiness or reserve stock purposes, there shall be a period
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of restriction which shall continue in full force and effect
until released or otherwise terminated in writing by the
Director, Office of Civil and Defense Mobilization,
c. In the event any donated property is used during
the period of restriction for any purpose other than that for
which the property was acquired, without prior written au-
thorization by the Director, Office of Civil and Defense Mobi-
lization, all right, title and interest in and to the property,
at the option of the Director, Office of Civil and Defense
Mobilizatj,on, shall revert to the United States of Am'erica,
d, During the period of restriction the donee shall
not sell, trade, lease, lend, bail, encumber, or otherwise dis-
pose of stlch property or remove it for use outside the State
without prior written approval of the Director, Office of
Civil and Defense Mobilization,
e, If, during the period of restriction, property is
no longer sUitable, usable or further needed for the purpose
for which acquired, the donee shall promptly notify the Direc-
tor, Office of Civil and Defense Mobilization through the
State Agency (California Disaster Office) and shall, as direc-
ted, by the Director, Office of Civil and Defense Mobilization
or State Agency, either retransfer the property to such de-
partment or agency of the United States of America or such
other donee as may be designated, or sell the property at
public sale.
f. In the event such property is sold, traded, leased,
loaned, bailed, encumbered, or otherwise disposed of during the
period of restriction without prior approval, the donee, at the
option of the Director, Office of Civil and Defense Mobiliza-
tion, shall be liable to the United States of America for the
proceeds of the disposal or for the fair market value of the
property at the time of such disposal as determined by the
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Director, Office of Civil and Defense Mobilization,
g, Property donated for purposes of civil defense
reserve stocks shall be stored in accordance with criteria
made and approved by the Director, Office of Civil and Defense
Mobilization and maintained in good operating condition by the
donee acquiring title to such property,
SECTION 2, The City Clerk shall certify to the adoption
of this resolution and shall cause a copy of the same to be for-
warded to the State of California, State Educational Agency for
Surplus Property, and that same shall remain in full force and ef-
fect until written notice to the contrary is given said Agency,
SECTION 3, The said Lawrence E, Cook will execute hereon
a copy of his signature prior to distribution of copies hereof as
above provided.
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L NCE E. COOK
Civil Defense Director
I HER3BY CERTIFY that the foregoing resolution was adopted
at a regular meeting of the City Council of the City of Arcadia, held
on the 7th day of
July
, 1959, by the affirmative vote of
at least three Councilmen, to wit:
AYES:
Councilmen Jacobi, Camphouse, Balser and
Phillips
NOES:
None
ABSEN~~ :
Councilman
Reibold, . ~
~he ~ty
Arcadia
SIGNED AND APPROVED this 7th day of July ,1959.
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~iyor#,o1' . th~:)tty 01' Arcadia
Pro Tem
ATTEST: /
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(SEAL)
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