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HomeMy WebLinkAbout3912 RESOLUTION NO. 3912 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AUTHORIZING LYMAN H. COZAD, Co E. LORTZ, LEO BRUMMER, ROY ZAHL, WILLIAM S. ORR AND LAURENCE J. WAY TO SIGN WAREHOUSE ISSUE SHEET (SEASP FORM Ill) OF THE CALIFORNIA STATE EDUCATIONAL AGENCY FOR SURPLUS PROPERTY, AND RESCINDING RESOLUTION NOo 3421. -j(~ - * r'-/oYl THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That Lyman H. Cozad who is City Manager and Director of Civil Defense, C. E. Lortz who is Director of Public Works and Deputy Director of Civil Defense, Leo Brummer who is Superintendent of General Services and Deputy Director of Civil Defense, Roy Zahl who is Garage Foreman and Deputy Director of Civil Defense, William S. Orr who is Assistant Chief of Police and Deputy Director of Civil Defense, and Laurence J. Way who is Fire Chief and Deputy Director of Civil Defense, shall be and they are, and each of them individually is hereby authorized as the representative of the City of Arcadia to sign the warehouse issue sheet (SEASP Form Ill) of the California State Educational Agency for Surplus Prop- erty which contains the following terms and conditions: 1. ~rhe Donee hereby certifies that: a. It is a tax-supported or nonprofit and tax-exempt (under Section 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, hospital, clinic or health center, or a civil defense organization designated pur- suant 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 Department"). -1- 3912 b. The property requested by this document is usable and necessary 1.n the state for either educational, public health, or civil defense purposes including research for any such purpose, 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 for shipping, loading and transportlng such property. d. Property acquired by a donee, regardless of acquisition cost, shall be on an "as is", "where is" basis without warranty of any kind. e. Wlth respect to any property listed on this docu- ment or attacrunents hereto which has a single item acquisition cost of $2,500.00 or more, the donee agrees to the terms and conditions in Paragraph 2 and with respect to any such property other than aircraft, to the terms and conditions in one of Paragraphs 3 or 4, whichever ls appropriate by vi,rtue of the designation of purpose indi.cated on the face of this document. 2. ~'erms and conditions applicable to any donated prop- erty having a single item acquisition cost of $2,500.00 or more, regardless of the purpose for which acquired: a. Such property shall be used only for the educa- tional, public health, or civil defense purpose for which acquired, 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 Defense Mobili- zation, as appropriate. -2- 3912 3. Terms 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: a. Such property shall be placed in use for the purpose 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 exp1.ration of the twelve-month period, shall notify the Department 1n writing through the appropriate state agency. Title and right to the possession of such property not so placed in use within the above mentioned per1.od shall at the option of the Depart- ment revert to the United States of America, and upon demand the donee shall release such property 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 re- striction 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 othe'rwise 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 disposal of property, when such action is authorized by the Department, shall be for the bene- fit 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 Department determines that the Govern- ment's administrative costs in connection with receipt thereof will exceed such net proceeds. -3- 3912 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 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 De- partment through the State Agency, and shall, as directed by the De- partment 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. Such public sale shall be for the benefit and account of the United states of Amerlca 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 Department determ1,nes that the Government's administrative costs in connection with receipt thereof will exceed such net proceeds. 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 purpose for a period of four years, except that the period of restriction on motor vehicles will expire after a period of two years of such use. -4- 3912 b. With respect to property donated for operational readiness or reserve stock purposes, there shall be a period 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 authorization by the Director, Office of Civil and Defense Mobilization, all right, title and interest in and to the property, at the option of the Director, Office of Civil and Defense Mobilization, shall revert to the United States of America. d. 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 Dlrector, Office of Civil and Defense Moblllzation. 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 Director, Office of Civil and Defense Mobilization through the State Agency (california Disaster Office) and shall, as directed, by the Director, Office of Civil and Defense Mobilization 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 prop- erty 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 Mobilization, shall be liable to the United States of America for the proceeds of the -5- 3912 disposal or for the fair market value of the property at the time of such disposal as determined by the 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 Mobili- zation and maintained in good operating condition by the donee acquiring title to such property. SECTION 2. That Resolution No. 3421 entitled "A RESO- LUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AUTHORIZING HAROLD K. SCHONE, C. Eo LORTZ, LEO BRUMMER, ROY ZAHL, WILLIAM S. ORR AND LAURENCE Jo WAY TO SIGN WAREHOUSE ISSUE SHEET (SEASP FORM Ill) OF THE CALIFORNIA STATE EDUCATIONAL AGENCY FOR SURPLUS PROPERTY AND RESCINDING RESOLUTION NO. 3232, adopted October 3, 1961 be and the same is hereby rescinded. SECTION 3. The City Clerk shall certify to the adoption of this resolut.ion 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 effect until written notice to the contrary is given said Agency. SECTION 4. That said Lyman H. Cozad, C. E. Lortz, Leo Brummer, Roy Zahl, William S. Orr and Laurence J. Way shall execute hereon a copy of their signatures prior to distribution of copies hereof TZ Public Works of Civil Defense 'MANAGER Defense C' Director of Deputy Director -6- 3912 /-:- d.J:I> ~~~_<( Superintendent of General Services Deputy Director of Civil Defense ~ Y ZAHL ge Foreman Deputy Director of Civil Defense WILL AM . ORR Assistant Chief of Police Deputy ctor of Civil Defense !/ URENCE J 0 WAY/ Fire Chief Deputy Director of Civil I KEREBY CERTIFY that the foregoing resolution was adopted at a regular Ineeting of the City Council of the City of Arcadia held on the 1st day of November , 1966, by the affirmative vote of at lease three Councilmen, to wit: AYES: Councilmen Arth, Butterworth, Considine, Hage and Forman NOES: None ABSENT: None ~ SIGNED AND APPROVED this ATTEST' ~ ( . ~ ~'n ( SEAL) -7- 3912