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Home My WebLink AboutCC Res 1013 1958-12-02 - .- ... .. , . .- , - ~. RESOLUTION 10/.3 BE IT RF8OJ,.VED by the Governing Board of the CITY OF SEAL BEACH and hereby ordered that: E. I?a CAL~ who is Direotor of PjbliC Servioes II be e is hereby authorized as the represeiitative 0 &e C1-t{. ofrfea1 Beaoh to sign the warehouse issus sheet (SEASP Form ) of t e Ca fornia State Educational Agency for SurplUS Property which contains the following terms and oonditions: I. TIlE DONEE HEREBY CERTIFIES THAT! (1) >-~w D.OU 0[, u: U . LL ...ILLO <Z\Il -w. U~~ -<~ LL,-,W LL........I OwU ...lID <O~ %1-- - U !:!2l-w t'::()::J: UZI- (3) I (2) It is a tax-supported or nonprofit and tax-exempt (under Seotion ~Ol(o)(3) of the Internal Revenue Code of 19~4 or Seotion 101(6) of the Internal Revenue Code of 1939) eohool s;ystem. school. " college. university, medical institution. hospital. clinic or health center. or a civil defense organization designated pureu- ant to State law. within the meaning of the Federal Property and Adminis'\;rative Servioes Act of 1949. as amended. and the regula- t.ions of the Department of Health. Educ.ation{ and Welfare (hereinafter referred to as "The Department"). The properi;;y requested by this document is usable and necessary in the S'\;ate for either educational. public health. or oivil defense pu.-poses including research for any such purpose. is required for ita awn 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. Funds are available to pay the costs of care and handling inci- dent to donation. inoluding paoking. 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. (~) With l'espec'\; to any property listed on this document or attach- ments hereto which has a single item acquisition cost of $2,~OO.OO or mre, the donee agrees to the terms and conditions in Paragraph n 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 PRDPERl'Y HAVING A SINGLE ITEM ACQUISITION CXlST OF .2.~OO.OO OR MORE. REGARDLESS OF TIlE PURPOSE FOR WHICH ACQUIRED: (1) SUch property shell be used only for the educational. 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. condi- tion. and location of such property and on other pertinent matters as may be requ1re!1 from time to time by '\;he State Agency. the Department. or the Office of Civil and Defense llobilization. as appropriate. - -" w. ~ .. -" :- - .. ~~ ,. III. TEJlIR3 AND CONDrrmNS APPLICABLE TO PBDPERfi OTHER THAN AIRCRAFT HAVING A SINGLE lTEIl ACQUISrrmN COST OF $2,500.00 OR JlDRE DONATED FOR EDUCATIOHAL OR PUBLIC HEALTH PllRPOSESs (1) Such property shall be plscpd :I,n,use for the purpose for which \ acquired no later than tnlve months a:rter acquisition thereof. In the event such property is not placed in use within twelve- months of receipt, the cIonee, within 30 days after the expiration of the t1l81ve-month period, shall 1lOtif'y the Department in writing through the appropriate state Agency. Title and right to the possession of such property 1lOt. so placed in use within the above-lIIlntioned period shall -?t the option o:f the Department revert to the United states or AJnerica, and upon demand the cIonee shall release such property to such person as the Department or its designee shall direct.. (2) There shall be a period of restriction wbich w:Lll expire after ---such- property-has been- used":for~the_purpose_for_wbich acquired for a period of :four ;years, except that the period of restric- I tion on motor vehicles cIonated subsequent to June 3, 1955, will expire a:ft.er a period of t.wo ;years or such use. During the period of restriction the donee shall not sell, trade, lease, lend, bail, encumber, or otherwise dispose of euch prop- ert.y or remove it for use outeids the State without. prior written approval of the Department.. Any sale, trade, laaee, loan, bail- ment., encumbrance or other d1eposal of property, when such action is aut.horized b7 the Department., shall be for the benefit. and accolD1t of t.he lJn1t.ed States of America and the net proceeds t.hereof shall be received and held' in trust for t.he United Statee of America and shall be pa1il prolllpt.];r to the Department, except in those instances in wbich the 'Department determines that the Government's administrative costs in connection with receipt thereor will exceed such net proceeds. (3) (4) In the event such property is sold, traded, leased, loaned, bailed, encumbered, or otherwise disposed of during the period of restriction without prior appro,!al, the donee at. the option of the Department, shall be liable to the United Statee of Americ_a for.-J;!l!u~roceedl!.. of ~I!.e, c!1!!p-osal_ ~~ !or ~he fair ~ket value of the property at the time of such dieposal as determined by t.he Department. (5) If, during thli period of restriction, property is no longer I suitable, usable or further needed"b7 the cIonee :for the purpose for wbich acquired, the cIonee shall promptly notif)r the Depart- IIIlnt through the Stat.e Agency, and shall, as directed b7 the Department or State Agenay-, either retransfer the property to such department. or agency of the United States of America or such other cIonee as ~ 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 t.hose instances in wbich the Department determines that the Government's administrative costs in cOllll8ct.1on with receipt thereof will exceed each net proceeds. - " of....- , 1 I Resolution Number '< - ' .- . 1P' . (6) At the option of the Departplent, the donee may abrogate the terms and conditions set forth in Paragrapha II 'and III by pqment of an amount 'as determined by the Il8partment. IV. TERJIS AND COllDITIONS APPLICABLE TO PROPERTY OTHER THAN AIRCRAFT HAVING A SINGLE ITEM ACQUISITION COST OF 1;2,SOO.00 OR MORE IX>>lATED FOR CIVIL " DEFENSE PURPllSES: ' (1) With respect to property donated for civil defense trainifi! p~oses there shall be a period of restriction which wi e:xpire a r such property has been used for such purpose for a perioa of four years, except that the period of restriction on motcir' vehicles will e:xpire after a period of two years of such use. With respect to proper~y donated for operational readiness or reserve stock purposes, there shall bii a period ,o,f restric1iion which shall continue in .full force and effect until released br otherwise terminated in writing by the Director, Office of CiVil -and Defenee',MobiliBation.,~~- - "''- J.... .~ .-~... .......... (2) ......".~ . In' the event Iln1' donated property is used during the period of restric'liion for Iln1' purpoee ot.her than that for wbich the prop- erty 1I8S acquired, without prior written autllorization by the Director, OffJ.ce of Civil and Defense Mobilization, all.r.:l.gh~~,.,.., title and interest in and to the property, at the opt;!.oil- O;!,:.~~/_,> Director. 'Office of Civil and Defense Mob1l1zation, Sh.u,Y. revert. '" to the United states of Amarica. = .::'/;.' -....... ~ :.vf:; - -~ "-." - - During the period ~ restriction t.he donee shall not...eU, trade;: ': lease, lend, bail, el1CWllber, or otherriae dispose oi..,i~l1"Jl:r;op-:.~- -; ert.y or remove it for use outside the Stete without pr,i'OJ" wri'tt.en\. approval of the D:u-ector, Office of Civil and Defense Mob111zatiim. (S) If, during the period of restriction, property is DO longer suit- ~ble, usable or further needed for the purpose for which acquired, the donee shall promptly notify lohe Director, Office of Civil and Defense Mobilization through the state Agency (california Dieaster Office) and shall, as directed, ~ the Director, Office of Civil and Defense Mobilization or State Agency, either retranster 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. (3) ,.. (4) (6) In the event such property is sold, traded, leased. loaned. bailed, encumbered. or othe1'll'ise disposed of during the period of restriction without prior approval, the donee, at the option of the Director, Office 01' CiVil and Defense Mobilization, shall be liable to the United States of Amarica 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 Director, Oftice of Civil and Defense IIobil1zation. (7) Property donated for purposes of civil defense reserve stocks shall be stored in accordance with criteria made and approved by the Director, Office of Civil and Defense lfobilization and maintained in good operating condition by the donee acquiring title to such property. - ; , - , .. .- , ;:,. .-. ".. ... ~ .' . .- ';.~ ~ ~ RESOLVED FOR'l'HER that a certified coW of this resolution be given to the state of Calitornia, State Educetional AgenC7'for SUrplus Properi.7, and that S8lll8 shall remain :In full force and effect until written notice to the contrary i8 given said Agency. ' Sigaature of person authorizl!ld to Si~A"a."..~~g PASSED AND ADJPTED 'l'HIS 2. day otDec~ber , 195a.,., by the Governing Board ot the~~ 01' ii::11 Re""h Ora.n~B County, Calitornia, by to ng vo I ADS I NOElS! ABSENT I I, F. W. Hie kman , Clark ot the Govern1rlg Board ot ~ n 1 tv 01' Seal Beach , at Oran!l:e County, Cal.1.tornia, dO hereby certifY the toregoing is a fall, true, and correct cow,ot ,R resolution' "adopted"by tbe-said-Board at~a--~ regu,larrw _...-,..=~' .meeting thereot held at its regular place ot l118et1ng a'!; the time and by the vote above I stated, 1Ib1ch resolution is on tile. in the ottice ot the said, Board. '"'''''' .,....~.. ..... ,...... "".... ~ "r,." ""....... ,."'")~-...~'~":...~ ..... /"""",-.,' ~. ":J ~ -',... ".......,,~ .:- -:.~.-oI:. - .. -;-.... ...:, - ~: ~ : .. ..~ -....~ - '"';,.0: ':.r,....:- -,. .......,;: ...../ ~ /' "" '\ "....... C"')... - ~".-""":..:,.""...0 it .... i" . --:=-' .. #',. ~ I ." . "',.",..,...~ L~H- Clark -'=0 -- .--- -, I