Loading...
HomeMy WebLinkAbout3232 RESOLUTION NO. 3232 e. 34.J-.( f2-1-~ {::l..?3.L- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AuTHORIZING HAROLD K. SCHONE, THOS. E. HALEY, WILLIAM S. ORR AND LAURENCE J. WAY TO SIGN WAREHOUSE ISSUE SHEET (SEASP FORM 111) OF THE CALIFORNIA STATE EDUCATIONAL AGENCY FOR SURPLUS PROPERTY, AND RESCINDING RESOLUTION NO. 3150. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES RESOLVE AS FOLLOWS: . , SECTION 1. That Harold K. Scnone who is City Manager and Director of Civil Defense, and Thos. E. Haley who is Assistant Stre~t Superintendent and 'Deputy Director of Civil Defense, and 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 individu- ally 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 con- tains the following terms and .conditions: 1. The 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, 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 -1- 3232 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 transporting such property. d. Property acquired by a donee, regardless of acqui- sition co:'!t, 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 condition:'! 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 :'!ingle item acquisition cost of $2,500.00 or more, re- gardless 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 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 Mobilization, as appropriate. 3. Terms and conditions applicable to property other than aircraft having a single item acquisition cost of $2,500.00 or more donated for educati'onal or public health purposes: -2- 3232 a. 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 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 administrative costs in connection with. receipt thereof will exceed such net proceeds. -3- 3232 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 pe 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 lqnger suit~ble, 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 Government1s 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 purpose -4- 3232 for a period of four years, except that the period of restric- tion 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 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 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 dis- pose 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 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. -5- 3232 " 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 pf such disposal as determined by the Di- rector, 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. That Resolution No. 3150 entitled "A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AU- THORIZING LAWRENCE E. COOK AS CIVIL DEFENSE DIRECTOR TO SIGN WARE- HOUSE ISSUE SHEET (SEASP FORM Ill) OF THE CALIFORNIA STATE EDUCA- TIONAL AGENCY FOR SURPLUS PROPERTY", adopted July 7, 1959, 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 ef- fect until written notice to the contrary is given said Agency. SECTION 4. That said Harold K. Schone, Thos. E. Haley, William S. Orr and Laurence J. Way will execute hereon a copy of their signatures prior to distribution of copies hereof as above provided: -6- . 3232 ~~~ HAROLD K. SCHONE, CITY f1ANAGER ~Dire~~or O~Civil~Defense bL 7h1/~ ( THOS. E"I HALEY Assistant Str~et -,Superintendent ~D~P~tY Direc~~f Civil Defense (/~r~. ORR 'Assistant Chief of Police Deputy Director of Civil Defense <L-- .LAURENC Defense Deputy 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 5th day of April, 1960, by the affirmative vote of at least three Councilmen, to wit.: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips and Reibold NOES: None ABSENT: None ~~~ City Clerk of t1;: Ci Y 0 Arca ia SIGNED AND APPROVED this 5th day of April, 19~Q.' ~ ,~ ~ v o ATTEST:" pI ~~_J')I .~ i..A~:a/Jof '?L~ City Clerk . ."'"", " (SEAL) -7- 3232