CC - 1959 - 53 - State Educational Agency for Property with Single Item AcquisitionRESOLUTION NO. S3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD AUTHORIZING THE CITY ADMINISTRATOR TO
SIGN THE WAREHOUSE ISSUE SHEET OF THE CALIFORNIA
STATE EDUCATIONAL AGENCY FOR PROPERTY WITH A
SINGLE ITEM ACQUISITION COST OF $2,500.00 OR
MORE IN ACCORDANCE WITH SECTION II (D) (2B)
(a) AND (b) OF THE PLAN OF OPERATION, AS AMENDED.
BE IT RESOLVED
and hereby ordered that
trator, shall be and he
of the City of Rosemead
Form 111) of the Califo
Property which contains
by the City Council of the City of Rosemead
William Woollett, Jr., who is City Adminis-
is hereby authorized as the representative
to sign the warehouse issue sheet (SEASP
rnia State Educational Agency for Surplus
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 "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.
(3) Funds are available to pay the costs of care and
handling incident to donation, including packing, pre-
paration 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 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 con-
ditions in one of Paragraphs III or IV, whichever is appropriat
by virtue of the designation of purpose indicated on the
face of this document.
II. TERMS AND CONDITIONS APPLICABLE TO ANY DONATED PROPERTY HAVING A
SINGLE ITEM ACQUISITION 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,
includhg 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.
1.
A,
III. 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:
(1) Such property shall be placed in use for the purpose
for which acquired no later than twelve maths after
acquisition thereof. In the event such property is not
placed in use within twelve months of receipt, the donee
within 30 days after trie 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 property to such person as
the Department or its designee shall direct.
(2) There shall be a period of restriction which Will
expire after sdcti' property has been used for the purpose
for which acquired forb period of four years, except
that the period of restriction on motor vehicles donated
subsequent to June 3, 1555, 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 dis-
pose 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 aetion 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 Unit ed States
of America and shall be paid promptly to the Department,
except in those instances in which the Department determines
that the Governmentts 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 property 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 th dd nee
for the purpose for which acquired, the donee s~ial~
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 agecy
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 Governmentfs 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.
IV. TERMS AND CONDITIONS APPLICABLE TO PROPERTY OTHER THAN AIRCRAFT
HAVING A SINGLE ITEM ACQUISITION COST OF $,62,500.00 OR MORE
DONATED FOR CIVIL DEFENSE PURPOSES:
2,
• 0
(1) With respect to property donated for civil defense
tr~ain~in_g urpose~s there shall be a period of rest on
which il 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 opberatio
nal readi-
ness or reserve stock purposes, there shall e a period of
restriction which shall continue 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 to the property, at
the option of the Federal Civil Defense 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.
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 Federal Civil Defense Administrator through the State
Agency and shall, as directed, by the Federal Civil Defense
Administrator 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.
(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 Admin-
istrator, 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 Federal Civil Defense Administrator.
(7) Property donated for purposes of civil defense reserve
stocks shall be stored in accordance with criteria made 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.
3.
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Signature of person authorized to sign
PASSED AND ADOPTED this ~ day of , 1959
1959 by the following called vote:
AYES: COUNCILMENt
NOES COUNCILMEN:
ABSENT:, COUNCILMEN:'
ATTEST:-
I, William Woollett, Jr., City Clerk of the City of Rosemead
of Los Angeles County, California, do hereby certify the foregoing
is a true and correct copy of a resolution adopted by the said
County at a regular meeting thereof held at its regular place of
meeting at the time and by the vote above stated, which resolution
is on file in the Office of th a said City Clerk.
CITY -CLEIM