HomeMy WebLinkAboutResolution No. 338 469
RESOLUTION NO. 31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AUTHORIZING A. C. GABRIEL, PURCHASING AGENT, 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.
THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The donee hereby certifies that:
(1) It is a tax - supported or non profit 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 ore-
ganization 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 Department ") .
(2) The property requested by this document is usable and neces-
sary 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.
(3) Funds are available to pay the costs of care and handling inci-
dent to donation, including packing, preparation for shipping,
loading and transporting such property.
(4) Property acquired by a donee, regardless of acquisition cost,
shall be on an "as is " "where is" basis without warranty of
any kind.
(5) With respect to any property listed on this document or attach-
ments hereto which has a single item acquisition cost of
$2,500.00 or more, the donee agrees to the terms and conditions
in Paragraph II and with respect to any such property other
than aircraft, to the terms and conditions in one of Paragraphs
III or IV, whichever is appropriate by virtue of the designation
of purpose indicated on the face of this document.
SECTION 2. Terms and conditions applicable to any donated property having
a single item kacquisition cost of $2,500.00 or more, regardless
of the purpose for which acquired.
(1) Such property shall be used only for the educational, public
health, or civil defense purpose for which acquired, including
research for any such purpose, and for no other purpose.
(2) Donees shall make reports to the State Agency on the use, condi-
r""1 tion, 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 Mobilization,
as appropriate.
SECTION 3. Terms and conditions applicable to property other than aircraft
having a single item acquisition cost of $2,500.00 or more do-
nated for educational or public health purposes.
(1) Such property shall be placed in use for the purpose for which
acquired no later than twelve months after acquisition thereof.
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In the event such property is not placed in use within twelve
months of receipt, the donee, within 30 days after the expira-
tion 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 property to such person as the Department or
n its designee shall direct.
(2) 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 restric-
tion on motor vehicles donated subsequent to June 3, 1955, will
expire after a period of two years of such use.
(3) During the period of restriction the donee shall not sell, trade,
lease, lend, bail, encumber, or otherwise dispose of such prop-
erty 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 benefit and ac-
count of the United States of America and the net proceeds there-
of shall be received and held in trust for the United States
of America and shall be paid promptly to the Department, excpt
in those instances in which the Department determines that the
Government's administrative costs in connection with receipt
thereof will exceed such net proceeds.
(4) In the event such property is sold, traded, leased, loaned, bailed,
encumbered, or otherwise disposed of during the period of restric-
tion without prior approval, the donee at the option of the Depart-
ment, shall be liable to the United States of America for the pro-
ceeds of the disposal or for the fair market value of the property
at the time of such disposal as determined by the Department.
(5) If, during the period of restriction, property is not longer
suitable, usable or further needed by the donee for the purpose
for which acquired, the donee shall promptly notify the Depart-
ment 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 of
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 Unted 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.
(6) At the option of the Department the donee may abrogate the terms
and conditions set forth in Paragraphs II and III by payment of
an amount as determined by the Department
SECTION 4. Terms and conditions applicable to property other than air-
craft having a single item acquisition cost of $2,500.00 or more
donated for civil defense purposes.
(1) 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.
(2) With respect to property donated for operational readiness of
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.
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(4) During the period of restriction the donee shall not sell, trade,
lease, lend, bail, encumber, or otherwise dispose of such pro-
perty or remove it ifor use outside the State without prior written
approval of the Director, Office of Civil and Defense Mobilization.
(5) If, during the period of restriction, property is no longer suit-
able, 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 Sates of
America or such other donee as may be designated, or sell the
property at public sale.
(6) 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 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.
(7) 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.
RESOLVED FURTHER that a certified copy of this resolution bg given 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
r-, the contrary is given said Agency.
SECTION 5. The City Clerk shall certify to the adoption of this
resolution.
APPROVED AND ADOPTED this day of 2� , 1958.
Mayor
ATTEST:
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City Cl rk
I hereby certify that the foregoing Resolution was duly adopted by
the City Council of the Cit,,of Downey at a regular meeting thereof held
on the day of ! ,�. : , 1958, by the following vote of the
Council. c
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AYES: Councilmen : L`� , �T� " >
NOES: Councilmen:
ABSENT: Councilmen: 7k )
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