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RESOLUTION NO. 3421
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A RESOLUTION OF THE CITY POUNCIL OF
THE CITY OF ARCADIA, CALIFORNIA,
AUTHORIZING HAROLD K. SCHONE, C. E.
LORTZ, LEO BRUMMER, ROY ZAHL, WILLIAM
S. ORR AND LAURENCE J. WAY TO SIGN
WAREHOUSE ISSUE SHEET (SEASP FOHM Ill)
OF THE CALIFORNIA STATE EDUCATIONAL
AGENCY FOR SURPLUS PROPERTY,' AND
RESCINDING RESOLUTION NO. 3232.
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA,
DOES RESOLVE AS FOLLOWS:
SECTION 1. That Harold K. Schone who is City Manager and
Director of Civil Defense, C. E. Lortz who is Director of Public
Works and Deputy
Assistant Street
Director of Civil Defense, Leo Brummer who is
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Superi~tendent and Deputy Director of Civil De-
fense, Roy Zahl who is Garage Foreman and Deputy Di~~c~or of Civil
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Defense, William S. Orr who is Assistant Chief of Police and Direc-
tor of Civil Defense, and Laurence J. Way who is Fire Chief and
Deputy Director of Civil Defense, shall be and they are, and each
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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. The Donee hereby certifies that:
a. It ia 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 Rev~nue 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
Aministrative Services Act of 1949, as amended, and the regulations
of the Department of Health, Education, and Welfare (hereinafter
referred to as "The Department").
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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 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 trqnsporting 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. 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 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 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,
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.
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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 ev~nt 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 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 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 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 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.
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d. In the event such property is sold, traded, leased,
loaned, bailed, encumbered, or otherwise disposed of during the period
of restriction withou~ 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 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 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.
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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 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 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
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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. 3232 entitled "A RESO-
LUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA,
"
AUTHORIZING HAROLD K. SCHONE, ~HOS. E. HALEY, 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, NO. 3150", adopted Apri;l. 5, 1960, be and the
same is hereby rescinded.
SECTION 3. 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
effect until written notice to the contrary is given said Agency.
SECTION 4. That said Harold K. Schone, 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
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HAROLD K. SCHONE, City Manager
Director of viI Defense
Director'of Public Works
Deputy Director of Civil'Defense
.
-Assistant Chief of Police
Deputy Director of Civil Defense
&~A~
o RUMM R
Assistant--Street-Superirttendent
Deputy Director of Civil Defense-
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Defense Deputy
De ense
I HEREBY CERTIFY that the foregoing resolution was adopted
at a regular meeting of the City Council of the City of Arcadia held
on the
3rd day of October
, 1961, by the affirmative vote of
at least three Councilmen, to wit:
AYES:
Councilmen Butterworth, Camphouse, Phillips,
Reibold and Balser
NOES:
None
ABSENT: None
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SIGNED AND APPROVED this 3rd
day of
October ,1961.
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Ci y C er
(SEAL)
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