CC - 1961 - 31 - Warehouse Issue Sheet0 0
RESOLUTION NO. 61-01
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROSEhSEAD AUTHORIZING THE CITY ADMINISTRATOR
TO SIGN THE WAREHOUSE ISSUE SHEET OF THE CALI-
FORNIA STATE EDUCATIONAL AGENCY FOR PROPERTY
WITH A SINGLE ITEM ACQUISITION COST OF $2,500.00
OR MORE IN ACCORDANCE WITH SECTION II (D) (28)
(a) AND (b) OF THE PLAN OF OPERATION, AS AMENDED.
BE IT RESOLVED by the City Council of the City of
Rosemead and hereby ordered that the City Administrator shall be
and he is hereby authorized as the representative of the City.
of Rosemead to sign the warehouse issue sheet (SEASP Form III)
of the California State Educational Agency for Surplus Property
which contains the following terms and conditions:
1. THE DONEE HEREBY CERTIFIES THAT:
(1) 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 pursuant to
State law, within the meaning of the Federal Property
and Administrative Service 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
necessary in the State for either eduoational, 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.
(3) Funds are available to pay the costs of care and handling
incident 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 attachments hereto which has a single item ac-
quisition cost of $2,500.00 or more,.the donee agrees,
to the terms end 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.
It. TERMS AND CONDITIONS APPLICABLE TO ANY DONATED PROPERTY HAVING
A SINGLE ITEM ACQUISITION COST OF $2,500.00 OR MORE, REGARD-
LESS OF THE PURPOSE FOR WHICH ACQUIRED:
(1) Such property shall be used only for the educational,
public health, or civil defense purpose for which ac-
quired, including research for any such purpose, and
for no other purpose.
(2) 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 Federal
Civil Defense Administration, as appropriate.
III. TERMS AND CONDITIOMS APPLICABLE TO PROPERTY OTHER THAN AIR-
CRAFT HAVING A SINGLE ITEM ACQUISITION COST OF $2,500.00 OR
MORE DONATED 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 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 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 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 restriction 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 property or remove it for use outside
the State without prior written approval of the Depart-
ment. Any sale, trade, lease, loan,beilment, encum-
brance or other disposal of property, when such action
is authorized by the Department, 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.
(4) 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 pro-
perty at the time of such disposal as determined by
the Department.
(5) 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 Department through the State Agency
and shall, as directed by the Department of 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 Department determines that the Government's
administrative costs in connection with receipt thereof
will exceed such net proceeds.
(5) 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.
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IV. 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
traini~ urp_ poses there shall be a per-iocT o restriction
wMIE -wi^11-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 readi-
ness or reserve stock Al poses, there ssFa 7 e a period
of restriction w il-i c!-scontinue in full force and
effect until released or otherwise terminated in writing
by the federal Civil Defense Administrator.
(3) 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 Federal Civil Defense
Administrator, all right, title and interest in and tc
the property, at the option of the Federal Civil De-
fense Administrator, shall revert to the United States
of America.
(4) 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 Federal
Civil Defense Administrator.
(5) If, during the period of restriction, property is no
longer suitable, usable or further needed for the pur-
pose for which acquired, the donee shall promptly notify
the Federal Civil Defense Administrator through the
State Agency and shall, as directed, by the Federal
Civil Defense Administrator or State Agency, either re-
transfer 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.
(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 Federal Civil Defense Administrator,
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 deter-
mined by the Federal Civil Defense Administrator.
(7) Property donated for purposes of civil defense reserve
stocks shall be stored in accordance witTT crttteri- male
and'-approved by the Federal Civil Defense Administrator
and maintained in good operating condition by the donee
acquiring title to such property.
RESOLVED FURTHER that a certified copy of this resolution be
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 the contrary is given said Agency.
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Signature of person authorized to sign
Milton R. Farrell
PASSED AND ADOPTED this 9th day of May, 1961, by the
following called vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
~ MAYOR OF THL CITY~UFKUSLM AU
ATTEST:
CITY CLERK OF THE C D
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