HomeMy WebLinkAboutResolutions - No. 2199RESOLUTION No . 2199
BE IT RESOLVED by thee
of the City of Li
and hereby ordered that< _ • who is
—!" 5hal.h be and he is hereby authorized as the
ri;i... ....native o� iiir t o sign the warehouse issue
sheet (SHOP Form o e Cali o `nia State Educational, Agency for
Surplus Property whI ,h contains the following terms and conditions.
I, 'IEE DONEE HERBY CERTIFIES THAT:
(1)
(2)
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 pursu-
ant to State law, w1thir the meaning of the Federal. Property and
Administrative Services Act of 1949$ as amended, and the regula-
tions of the Department of Health, Education, and Welfare
(hereinafter referred to as "The Department" ),
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.
Funds are available to pay the costs of care and handling inci-
dent to donation, including packing, preparation for shipping,
loading and transporting such property.
Property acquired by a donee, regardless of acquisition cost;
shall be on an "as "where iso" basis without warranty of
any kind.
With respect to any property listed on this document or attach-
ments hereto which has a single item acquisition cost of $2500000
or mores. the donee agrees to the teras and conditions in Paragraph
II and with respect to any such property other than aircraft, to
the terms and conditions in one of Paragraphs IIT or IV, whichever
is appropriate by virtue of the designation of purpose indicated
on the face of this document.
I I . T ERIE AND CONDITIONS APPLICABLE TO ANY DONAIED PROPERTY HAVING A
SINGLE ITEM ACQUISITION COST CF $25500.00 OR MORE9 REGARDLESS CF
THE PURPOSE FOR WHICH ACQUIRED:
Such property shall 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.
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 required from time to time by the State Agency,
the Department , or the e ffice of Civil and Defense Mobilization,
as appropriate
III. TERNS AND CONi}ITIONS APPLICABLE TO PROPERTY OTHER THAN AIRCRAFT HAVING
A SING F. ITEM ACQUISTTTON COST CF $2 , 500.00 OR IDRE DONATED FOR
EDUCATIONAL OR PUBLIC HEALTH PURPOSES;
(1)
(2)
(3)
(4)
(5)
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 i s 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 property to such person as the Department or
its designee shall direct.
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 restric—
tion on motor vehicles donated subsequent to June 3p 1955, m.n
expire after a period of two years of such use.
During the period of restriction the donee shall not sell, trade,
lease, lend, bail, encumber, or otherwise dispose of such prop—
erty or remove it for use outside the State without prior written
approval of the Department. Any sale, trade, lease, loan, bail—
ment,, 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 the Department determines that the
Governments administrative costs in connection with receipt
thereof will exceed such net proceeds.
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.
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 Depart—
ment through the State Agency, and shall, as directed by the
Department 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. 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
Governments administrative costs in connection with receipt
thereof will exceed such net proceeds.
co) A t tne option oz tne Lrepartimenti, tine aonee may aorogatie Ina berms
and conditions set forth in Paragraphs II and III by payment of
an amount as determined by the Department,
TERMS AND CONDITIONS APPLICABLE TO PROPERTY OTHER THAN AIRCRAFT HAVING
A SINGLE ITEM ACQUISTTIONCCST OF $29500 oOO OR MORE DONATED FOR CIVIL
DEFENSE PURPOSES:
(1)
(2)
(3)
(L)
(5)
(6)
(7)
With respect to property donated for civil defense training
as terses there shall be a period of restriction which will expire
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.
With respect to property donated for operational readiness or
reserve stock purposesthere shall be a period of restriction
which shall continue in full force and effect until released or
otherwise terminated in writin-g by the Director, Office of Givil
and Defense Mobilization,
In the event any donated property is used during the period of
restriction for any purpose other than that for which the prop—
erty was acquired, without prior written authorization by the
Director, Office of Civil and Defense Mobilization, all right,
title and interest in and to the property, at the option of the
Director, Office of Civil and Defense Mobilization, shall revert
to the United States of America.
During the period of restriction the donee shall not sell, trade,
lease, lend, bail9 encumber, or otherwise dispose of such prop—
erty or remove it for use outside the State without prior written
approval. of the Director„ Office of Civil and Defense Mobilization.
If, during the period of restriction, property is no longer suit-
able, usable or further needed for the purpose for which acquired,
the donee shalt promptly notify the Director, Office of Civil and
Defense Mobilization through the State Agency (California Disaster
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 States of
America or such other donee as may be designated, or sell the
property at public sale.
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 Director, Office of Civil and Defense Mobilization,
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 Director, Office
of Civil and Defense Mobilization.
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 Mobilization 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 i s given said Agency.
Signature of person authorized to signs
PASSED AND ADOPTED THISday of Januar/1959 , by the city iii
MOM of the City of L� of , Jamin county,
California, by the following vote:
AYES: Cuib.xtscn,Mit4heli, ►ipso and
NOES: NOM Eataskian)
ABSENT: Erowa
bestlitee Clerk of the ` of the GttY Of
Loci of San Jcitio Uirs County, California, do hereby
certitye t oregoine is a full, true, and correct copy of a resolution
adopted by the said illialuiciakixa hrr,c,.• iit „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 the said *1W1L•