HomeMy WebLinkAbout1960 017A CC RESO1960 017A CC RESOZZ
Z P H ³8RESOLUTION 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
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Z P H ³8more, 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
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Z P H ³8the 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.
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Z P H ³84) 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:
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Z P H ³8STATE 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
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Z P H ³8STATE 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
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