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HomeMy WebLinkAbout1960 017A CC RESO1960 017A CC RESOZZ ZPH³8RESOLUTION NO. /7-/^ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP BALDWIN PARK AUTHOR- IZING THE CHIEF ADMINISTRATIVE OFFICER TO RECEIPT FOR CIVIL DEFENSE SURPLUS PROPERTY. BE IT RESOLVED by the City Council of the City of Baldwin Park and hereby ordered that: E. R. Asmus, who is Chief Administrative Officer, shall be and he is hereby authorized, as the representative of the City of Baldwin Park, to sign the warehouse issue sheet SEASP Form 111) of the California State Educational Agency for Surplus Property which contains the following terms and conditions: I. THE DONEE HEREBY CERTIFIES THAT: 1) It Is a tax-supported or nonprofit and tax- exempt under Section 50l(c)(3) of the Internal Revenue Code of 1939)-school system, school, college, university, medical Insti- tution, hospital, clinic or health center, or a civil defense organization designated pur- suant 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 necesssiry 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 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 acquisition cost of $2,500.00 or 1- BIB] 38238-U01 1960-U02 017A-U02 CC-U02 RESO-U02 LI3-U03 FO52524-U03 FO52560-U03 DO52577-U03 C6-U03 RESO-U03 9/7/2004-U04 ROBIN-U04 1960 017A CC RESOZZ ZPH³8more, the donee agrees to the terms and condi- tions 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. II. TERMS AND CONDITIONS APPLICABLE TO ANY DONATED PROP- ERTY HAVING A SINGLE ITEM ACQUISITION COST OP $2,500.00 OR MORE, REGARDLESS OF THE PURPOSE FOR WHICH ACQUIRED: 1) Such property shall be used only for the edu- cational, 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, 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 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 months after acquisition 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 deslgnee 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 re- striction 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, en- cumber, 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 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 2- BIB] 38238-U01 1960-U02 017A-U02 CC-U02 RESO-U02 LI3-U03 FO52524-U03 FO52560-U03 DO52577-U03 C6-U03 RESO-U03 9/7/2004-U04 ROBIN-U04 1960 017A CC RESOZZ ZPH³8the 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 other- wise disposed of during the period of restric- tion 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 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 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. Such public sale shall be for the benefit and account of the United States of America and the net proceed 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 in- stances in which the Department determines that the Government's administrative costs in con- nection 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 $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 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 Federal Civil Defense Administrator, 3) In the event any donated property is used dur- ing the period of restriction for any purpose other than that for which the property was ac- quired, without prior written authorization by the Federal Civil Defense Administrator, all right, title and interest in and to the prop- erty, at the option of the Federal Civil Defense Administrator, shall revert to the United States of America. 3- BIB] 38238-U01 1960-U02 017A-U02 CC-U02 RESO-U02 LI3-U03 FO52524-U03 FO52560-U03 DO52577-U03 C6-U03 RESO-U03 9/7/2004-U04 ROBIN-U04 1960 017A CC RESOZZ ZPH³84) During the period of restriction the donee shall not sell, trade, lease, lend, bail, en- cumber, 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) Us 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 prop- erty at public sale. 6) In the event such property is sold, traded, leased, loaned, bailed, encumbered, or other- wise disposed of during the period of restriction without prior approval, the donee, at the op- tion 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 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 acquir- ing title to such property. RESOLVED FURTHER that a certified copy of this reso- lution be sent by the City Clerk 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. ADOPTED by the City Council, signed by the Mayor, and attested by the City Clerk this____l5th______day of February, I960. H. Cole, Lynn H. dole. Mayor ATTEST: 4- BIB] 38238-U01 1960-U02 017A-U02 CC-U02 RESO-U02 LI3-U03 FO52524-U03 FO52560-U03 DO52577-U03 C6-U03 RESO-U03 9/7/2004-U04 ROBIN-U04 1960 017A CC RESOZZ ZPH³8STATE OF CALIFORNIA COUNTY OF LOS ANGELES-. SS. CITY OF BALDWIN PARK I, THEIMA L, BALKUS, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolu- tion was duly and regularly introduced at a meeting of the City Council on the 15th___^jiay of February, 1960, and thereafter was duly and regularly adopted by the City Council at its regular meeting held on the 15th____day of February, I960, by the following vote: AYES: Councilmen HOLMBS, WILSCK, BISHOP, LITTtEJOHN AND MAYOR COLE NOES; Counc ilmen NCNB____________________________ ABSENT: Councilmen NCKB a^-^ TheimaL, Balkus, City Clerk 5- BIB] 38238-U01 1960-U02 017A-U02 CC-U02 RESO-U02 LI3-U03 FO52524-U03 FO52560-U03 DO52577-U03 C6-U03 RESO-U03 9/7/2004-U04 ROBIN-U04 1960 017A CC RESOZZ ZPH³8STATE OF CALIFORNIA COUNTY OF LOS ANGELES: SS. CITY OF BALDWIN PARK I, THEIMA L. BALKUS, City Clerk of the City of Baldwin Park, of Los Angeles County, California, do here- by certify the foregoing is a full, true, and correct copy of a resolution adopted by the said City Council at a regular meeting thereof held at its regular place of meet- ing at the time and by the vote above stated, which reso- lution is on file in the office of the said City Clerk. t^-^-^^^-^^^T^C// t^V^ City Clerk 6. BIB] 38238-U01 1960-U02 017A-U02 CC-U02 RESO-U02 LI3-U03 FO52524-U03 FO52560-U03 DO52577-U03 C6-U03 RESO-U03 9/7/2004-U04 ROBIN-U04