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Home My Public Portal About2869 (12-02-58) � i RESOLUTION N0. 286g RESOLUTION OF THE CITY COUNCIL OF THE.CITY OF LYNWOOD AUTHORIZING THE CITY MANAGER TO SIGN THE WAREHOUSE ISSUE SHEET FOR SURPLUS PROPERTY OF THE CALIFORNII� STATE EDUCATIONAL AGENCY. BE IT RESOLVED by the City Council of the City of Lynwood and.hereby ordered that A. J. Bateman,who is City Manager, shall be and he is hereby authorized as the representative of the City of , Lynwood to sign the warehouse issue sheet (SEASP,Form 111) o£ the Cali£ornia State.Educational Agency for Surplus Property which con- tains the following terms and conditions: I. THE.DONEE HEREBY CERTIFIES THIaT: (1) It is a.tax-supported or nonprofit and tax-exempt (under Section,501(c)(j) of the Internal Revenue � Code of 1954 or Section 101(6) of the Internal Revenue Code of 1j39) school system, school, college, university, medical institution, hospital, clinic or health center, or a civil defense � _ organization designated pursuant to State law, within the meaning of the Federal Property and Administrative Services Act of1949, 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 d.ocument is usable and necessary in.the State for either educational, • - public health, or civil defense purposes includin� research for any such purpose, is required for its own use to fi11 an existing need, and is not being acquired for any other use or purpose, for use outside the State, or for sale. `(j) Funds are available to pay the costs of care and handling incident to donation, including packing, preparation for shipping, loading and transportirg � such property. (4) Property acquired by.a donee, regardless of acqui- sition �ost, shall be on an "as is," "where is" . basis without warranty of any'kind. , (5) With respect to any property listed on this docu- ment or attachments hereto which has a single item acquisition cost of $2,500.00 or more, the donee agrees to the terms and conditions in Para- ' graph II and with respect to any such property other than aircraf.t, to_the terms.and,conditions in one of Paragr�aphs "III or'IV';" whiehever �� 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 ACQIIISITION COST OF $2,500.00 OR MORE, REGARDLESS OF THE PURPOSE FOR WHICH ACQUIRED: (1) Such property shall be used only for the educa- tional, 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 requ'ired from time to time by the State Agency, �he D'epartment, or the,Office of Civil and Defense ' Mobilization, as appropriate. III. TERMS AND CONDITIONS APPLICABLE TO PROPERTY OTHER THAN PIRCRAFT H�VING 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 no� 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 A�ency. 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.Depar'c- ment or its designee 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 restriction on motor vehicles dnnated 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, encumber, or otherwise dispose of such property or remove it for.use outside the State without prior iaritten 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_the Department determines that the Govem - ment,�s administrative costs in connection,with receipt.thereof will exceed such net proceeds. (�) In the event such property is sold, trade, 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 £or 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 t3�e 'donee for the purpose for which acquired, the donee shall promptly notify the Department through the State Agency, and shall, as directed. by the Depa� ment or`'Sta,te 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.publie sale shall be'for the bene£it and account of the _2_ +� 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 Governmentts administrative costs in connection with receipt thereof will exceed such net proceeds (6) At the_option o£ 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 C NIL DEFENSE PURPOSES: (1) With respect to property donated for civil defense training purposes there shall be a perio o res- ric ion w ic 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 I years of such use. . (2) With respect to property donated for operational readiness or reserve stock purposes, ere s a e a perio o res ric ion w ic s all continue in full force and effect until released or other- wise terminated in.writing by the Director,.Office of Civil and Defense Mobilization. (3) In the event any donated. property is used d.uring the period of restriction for any purpose other than that £or which the property was acquired, without prior written,authorization by the Director, Office o£ 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. (4) During the period of restriction the donee shall I not sell, trade, lease, lend, bail, encumber, or otherwise dispose of such property or remove it for use outside.the State without prior written I 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 donee shall promptly notify the Director, Office of Civil and De£ense Mobilization through the State Agency (California Disaster Office) and shall, as directed, by the Director, Office of Civil and Defen�e Mobili- zation or•State Agency, either retransfer the pro- perty to such d.epartment or agency o£ the United States of America or euch other donee as may be designated, or sell the property at public sale. (6) In the event such property is sold, traded, leased, � bailed, encumbered, or otherwise disposed of during the period of restriction without prior approval, the donee, at the option of the Director, O£fice of Civil and Defense Mobilization, shall be liable -3- I � ..� �. r;,' .., < . . , . .. t �`.� _' . .l. .t:. . - . . ,. , . . �7 . ' i' •r . . ', � .. _ , ,. . . . .'i.' ` ', ' ' �,• ` ' - � _ ' � '�� . . h+' . , ��. . , " . , ,�- r : . . . . " . _ � : ^:x'. � .�:� Y ^ ' . a ' ' - ,. 1. - " t �? . � . , a:' _ . . . i �. ..,5�" _ , , . 4Tt:,.,:. - . . " ..d _ • . ._ ... ' , -\. � . _ ' 4. . " _ - . ' . . , , ' J , ^ . , . ': • : T _ . � : . '. .� . " . . . � . . . � � . "• ��' •. �. . . �. 7° . . . � f �' . : � .. • >° . > to the�United.S,tates•.of America•£or,the=proceeds; �• - , 1�°;:,y� ` . ,�' oF , th�. �dSsgosal or° for the ;fa2r �market ;value, �of. `. � ':;,.,,r , . :.: , "� , '.,,,,, _:the proper:ty'`at.:'the.`�Sme oE. such di�posal as . �� < ;� �: �� ;�, determ9.ned by the� Direc.tor, Office, of C1v,i1 and ,` ._' �.,Defenoe r�obilization..�. � � . • � � � ).. rPro ' ert� �Qona'ted. for � ur oee f � ,'$"� - `{7 P. Y. 9 P e� o, ci'vil 'defense :r;.:�. • . , ' �� reserve �tockB:�sYk�1T be stored�in accor �nce �iith , �. er er a: ma e: and approved:.bq �,the DireaCor; Off Sce ��- ; �•�,: ,. : . • � : ,.of `Civ�1 and;:Defense, I9obi1"izationC,arid„maintriined , � ;. �'�, � � .� .C,�^. ....� , . �, .. , _, - "in�gbod opers.t3rig etinditiori,.by.rthe:'cloriee''acquiriiig �� ' ` . ' ' , . • ' • � tStle`.to-'auoh property,"� �� r �" . , - � ..' � . ` • . ..�` � . a'� ��' RESOLVIID: FURTF�R that a certified , copy.of ..thi's resolution�. ' "' � �'�:,�be� g3ven to- the� State of xCallPorn4a;, �State, �dueational..Agency`,for.', ;•'':. -' ,$�,��,� " ` Surplus Property; �arifl''that� same" �stiall remairi.'4n Fu11=. force;"and effecC "' ' . � : �unt41 .wriicten notice to_ the, con�rary: 1s �giveri. seid, Agency:•• : � ; , � .. . ':Signature of�pereon� f u �ed' _ :r' , '* � . ,_, . . . .. �� ^., � . � � �� ,� ;' , ..,� " j . . ' ,;., , �. ` ^� ..�.. , _ . � r� . .. .� ,. .. °. ',.: �` , : s,,;. .� ." � : ,'� ;;. � .. PASS�D enc9 �1D �tYiis' of�,D�cember',`.'1958,�.by , ttie . : _ ' City, Coiu�cil i of th� �City of Lqncrpod, . Caunty of Los� ` t�ngales; �-Callfornie�, .;;,�.,'" .. -- , .by the �fbllowing .vote: " � �' • � .. . � , '' ` � _ � . ' , .•:.'Ay,e�:.�. CounciZmen .�ng2lah, Finch; Pender,: ,Ro�ve.-' snd� Summiers. � ; ' � � : I�oes: �.�Non�.. : `,`-�- . .. , '' . . . ,. `.. .� t� . ' .... . , , , • ,Absent: ..None.,. . '. ; .. z-LLy . . - .. . .. - ., , ;,r. ., . ' - ' , �' ' , , .. . , ,i'. . - . . . . ; °_" '''� :'. - ' . , � •=T;.µH... Campbell_,,,Cl�rlt�of,the City Couneil of,,:the�City. � � . . �� ,. . „ - ' ;,: `. , . . . �.of Lynw.b'od; Los:An�e7.`es ,Coun�y; - do-hereby"eerti£y �, ', .. � �•the forego3ng .33 . a full,, true; and.cori�ect copy .resolution 7 � • ��,_ � . . . . . �, . , .. . ,. . .. . . , _ ,: . . . � � .� '.... ,_. . C � f..r6i � . . ' .. . .' ..�'. '. ��, '.�� . � ti . . tin . �. .� S • •, • ° J . ' . , ,� ,: �� adopted by, �he said. City �Council`at a .r�gular`"mee,'"ting:�thereoP°heTd: `"' �.�:',' ��.� " : at its�regular plabe pf ineeting;�at the time°and by=the vote . .' ..�, ..;- . . . ..: . •x,•- � : ..:,,,. _ -:._:•; :. ' : , •- .. etatQd=, ivhieh reso]'iition � is� on ''f'ile li , f f . of', Che '�81C1. Couiicil ev r-`'F' • "; � r , ,. �.; � . p r ... ' . � . ••` . • � . . . . . . � r••'•• „ . � ' r ' �' .. er t'} YQ �]w�0 � . F' .. /f� , • ''' .' ' °` ••' + ' � �- . . . . .' - ' G � 'Y . " _ .. - �4.T � • ' _'"�� ...w,w..i: ..�-!—._ �.. n` � � , • � - . ' • _. . - ` � " .. . . , . ' , . . - .r . . ' . • . ' . ^ y ' ' •. � , ��`,.;t� � . ....` '� r �.:,' ,. ._ ,,. b ' , . . . .. i _ , , . . ,^ - . . . . . _ .� . i:: . . ! �h� '. . . . -- � . � , . �. � -', . � � ._ ` r. . 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