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RESOLUTION NO. 3232
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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
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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:
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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.
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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 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
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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.
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"
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:
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~~~
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.'
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o ATTEST:"
pI ~~_J')I .~
i..A~:a/Jof '?L~
City Clerk .
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(SEAL)
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