HomeMy WebLinkAboutCC Res 1067 1960-06-21
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RESOLUTION NO. _I olD 1
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEAL BEACH SUBSCRIBING
TO THE SURPLUS FEDERAL PROPERTY
PROGRAM AND DESIGNA TING A REPRESENT-
A TIVE TO SIGN FOR AND ACCEPT PROPERTY
HAVING A COST OF $2,500.00 OR MORE.' ,
The C.i~ Council of the City, of Seal Beach does hereby resolve
as follows:
BE IT RESOLVED by the City Council of the City of Seal Beach
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and hereby ordered that ERNEST E.' BRASHEAR, who is City Administrator,
shaLL be and he is hereby authorb:ed as the representative of the City of
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Seal Beach to sign warehouse issue sheet (SEASP Form LLL) of the California
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12 State Educational Agency for Surplus Property which contains the following
terms and conditions:
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I. THE DONEE HEREBY CERTIVlES THATl
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(l) It is a tax-supported or nonprofit and tax-exempt (under Secti.6n
50l(c)(3) of the In ternal Revenue Code of 1954 or Section lOl (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 pnrsuant to State law,
within the meaning of the Federal Property and Administrative
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Services Act of 1949, as amended, and the regulations of the
Department of Health, Education, and Welfare (h el'einafter
, referred to as "The Department").
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(2) The property requested by this document is usable and necellsary
'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
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being acquired for any other use or purpose, for use outside the
State; or for liIale.
(3) Funds are-.available to pay ~he costs of care and h8.ndling
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incident to donation, including packing, prepi;u:atio~ for shipping;
loading and transporting such property.
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Resoiution ~ugber~
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(4) Property acquired by a donee, regardless of acquisition cost,
shaLL be on a? "as is ". '''w~ere il'!" basis without warranty of
any ktnd.
(5) wttl:t respect to any; propex;ty listed on this docu,me\lt or attachments
hereto which has a single item. acq\lisition cost ~f .$2,500,00 or
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more, the donee agrees to tqe terms and conditions ip Paragraph
, IT and with respect to any such property other than aircraft, to
, the 'terms and conditions in one of ;Paragraphs m 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 PROPERTY
HAVING A SINGLE ITEM ACQUISITION COST OF $2.500.00 OR MORE,
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REGARDLESS OF THE PURPOSE FOR WHICH ACQUIRED:
(L) Such property shaLL be used only for the educational, public health,
or civil defense purpose for which acquired,. including research for
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any such purpose, and for no other purpose.
(~) Donees shaLL make reports' to the State Agency on the use, condition,
and location of such prop~rty and on other pertinent matters as
may be required from time to time by the State Agency, the Depart-
ment, or the Office of Civil and Defense Mobilization, as
appropriate.
In. TERMS AND CONDITIONS APPLICABLE TO PROPERTY OTHER THAN'
AmCRAFT HAVING A SINGLE ITEM ACQUISITION COST OF $2,500,00
OR MORE DON.A:TEDTFOR '2I:UCATICNAL OR PUBLIC HEALTH
PURPOSES:
(l) Such property shall be placed in use for the purpose i:lr which
acquired.no later than twelve months after acquistfion thereof.
In'the event sucp property is not placed in use within twelve
'months of rece.ipt, the donee, within 30 days after the expb:ati..on
of the twelve-month period, shall notify the Department in
wri.ti.;g through the appropriate State Agency. Title and right
to the possession of s.uch property not so placed in use within
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Resolution Num.eL,~
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the above-mentioned period shall at the option of the Department
revert to the United States Qf 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 r,estriction which WUl expire after
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such property has been used for the purpose for which acquireqr
for a pertod of fO\lr years, except that the periOd 'of restrtotion
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on motor vehicles donated subsequent to June 3~ 1955, wiLL expire
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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 retp.ove it for uS,e outside the State without prior writ~en
approval of the Department, Ally sale, trade, lease, loan, bail-
ment, encumbrance or other disposal of property, when such action
is authorized by the Depa~tmeb.t. shalt be for the benefit and
account of the United States of America and the net proceeds
thereof shaLL be received and held tn trust for the United States,
of America and shall be paid promptly' to the Department, except
in those instances in which the pepartment determines that the
Government's administrative costs in connection with receip t
thereof will exceed such net proceeds,
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(4) In the event such property is sold, traded, leased, loaned, bailed,
encumbered, or otl;1erwise disposed of during the period of
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restriction without prior approval, the donee at the option of the
Department, shall be liable to the United States of Americll for the
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proceeds of the dtsposal or for the fair market value of the
property at the time. of such dtpposal as determined oy the
Department.
(5) If, during the period of restriction, property is no longer suitable,
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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,
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Resolution Nll;~be,f~,
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or State Agency, either retransfer the property to such department
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or agency of the United States of America or such other donee as
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may be designated, or sell the property at public saLe. Such
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public saLe shall qe for the benefit and account .f the United
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States of America ~nd the net proc-e~ds thereof sh~LL be received
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and heLd in trust f<;,r the United States of America, and shall be
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paid promptly to the Departm~t, except in thOSe in'iltances in
which the Department determines that the Government's admittiS-
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trative costs in connection with receipt thereof will exceed such
net proceed,s.
(6) At the option of the Department, the donee may abrogate the terms
and conditions set forth in Paragraphs nand m by payment of
an amount as determined by the Department.
TERMS AND CONDITION APPLICABLE TO PROPERTY OTHER THAN
AmCRAFT HAVING A SINGLE ITElV): ACQUlSITION COST OF $2,500.00
OR MORE DONATED FOR CIVIL DEFENSE PURPOSES:
(1) With respect to property donated for civil defense training
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purposes there shall be a period of restrtcti9n which wiLL expire
after such property has been used for such purpose for a period
of four ye ars, except that the period of restrictIon 0\1 motor
vehicles will eJqlire 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 Director, Office of Civil
and Defense Mobilization,
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(3) In the event any donated property is ;sed during the perior of
restriction for any purpose other than that for whi.ch the property
was a.cquired, without prior WTi.tten a!1thorizatton by the DirectClr,
Office of CivU and Defense Mobutzatton, shall revert to the United
States of America.
(4) During the period of restrt,ction the donee shaLL not sell, trade,
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RESOLVED FURTHE~ that a certified copy of this r!'ls.ol~tion be given
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28 to the State of California, State' EducationaL Agency for Surp'Lus Property, and
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lease, lend, bail, epcumber,' or otherwise dispose of such
property or remove it for 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 suitable,
usable, or further needed for the purpose for which acquired,
the dopee shall promptly notify the Director, Office of Civil and
Defense Mobilization through the State Agency (California Disaeter
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 Sta:tes of
America or suth 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 other;wll.1!lIl disposed of during the period of re-
striction without prior approval, the donee, at the option of the
Director, Office of Civil and Defense Mobilization, shall be liable
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to the United States of America for the proceeds of the, d~sposal
or for the fair market value of the property.at the time of such
dfillPosal 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 accorda,nce with criteria made and approved
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by the Di,rector, Office of Civil and Defense Mobilization and
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maintained in good operattn g condition by the donee acquiring
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title to'such property. .
29 that same shall remain in fuLL force and effect un~il written notice to the
30 contrary is given said Agency.
Signature of person authorized to sign: ~i6.1r-F: /17t1Lr~;e "-
RESOLVED FURTHER that Resolution No. LOl3 of the City Council of
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ResolutJ.on Nu1iiber"" "
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1 the City of Seal Beacn ia hereby r.epealed.
2 'PASSED~ APPROVED AND ADOPTED thi~/ffday of June, lllao,
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:5 y the City Council of the City of Seal Beach, State of California, by the
4 following votel
AYESI~#"~A~ .z;'F5,; ~A'JI~/G?~/I7i(.c.. ~.a.s
NOES: /Pt:'A/tF-
ABSENT: #",1(16'
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12 STATE OF CALIFORNIA
- COUNTY OF ORANGE
13, ' CITY OF SEAL BEACH
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I, F. W. ~ICKMA'N, City-Clerk of the City' of Seal Beach, do ht;reby
cettify tha.t t'q.e for~going is a full, ,tru;e, and correct copy of a resolution
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adopted by the said Council at a r,egular me~ttng ~hereof held at ita reguLa~
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place of -meett~ at the time and by the vote above stated, which resolp.tion
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is on file in the offlce of said, Gou~ct1,
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