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HomeMy WebLinkAbout1960-04-05; City Council; Resolution 6441 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 I8 19 2c 21 22 22 24 25 26 27 2E 2s 3c 31 32 RESOLUTION NO. 644 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING CERTAIN REPRESENTATIVES TO SIGN UARE- EOUSE RECEIPTS (SEASP Fonn 111) OF TI33 CALIFORNIA STATE EDUCATIONAL AGENCY FOR SUEPLUS PROPSRTY. BE IT RESOLVED, by the City Council of the City of Carlsbad and hereby ordered that: John D, Slater who is the City Manager and U. Max Palkowski who is Assistant Civil Defense Director shall be as the representatives of the City of Carlsbad 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. and they are hereby authorized THE DONEE HEREBY CERTIFIES THAT: (1) It is a tax-supported or non-profit and tax-exempt (under Section 50l(c) (3) of the Internal Revenue Code of 1954 or Section 101(Q) 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 pursuant 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 idelfare (hereinafter referred to as "The Departmentse). (2) 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. (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'#, cvwhere 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 $2,500.00 or more, the donee agrees to the terms and conditions in Paragraph 11 and with respect to any such property other than aircraft, to the terms and 1 -2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 52 CI. b I and conditions in one of Paragraphs 111 or IV, whichever is appropriate by virtue of the designation of purpose indicated on the face of this document . TZNYS AND CONDITIONS APPLICABLE TO ,$NY DONATED PROPERTY HAVING A SINGLE ITEM ACQUISITION COST OF $2,500.00 OK MORE, FOR mLCH ACQLUIRED: (1) Such property shall be used only for the educational, public health, REGARDLESS OF THE TURPOSE or civil defense purpose for which acquired, including research for any such purposes, 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 Office of Civil and Defense Mobilization, as appropriate. TEWiS .NAD CONDITIONS AEEPLICABLE TO PROPERTY OTHER THAN AIKCKAFT HAVING A SINGLE rrm ACQUISITION COST OF $2,50o,oo OR MORE DONATED FOE: EDUCATIONAL OR I~UBLLC HEALTH ?URPOSES: (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 moilths (2) 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 abovewmentioned 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. Tnere 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 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, encumber, or otherwise dispose of such property or remove it for use outside the State without prior written approval -2 = 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 37 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 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 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. (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 retransfer the property to such department or agency of the United States of America or such other donee as may be desig- nated, 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 Government's administrative costs in connection 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 I1 and I11 by payment of an amount as determined by the Department. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 22 24 25 26 27 2E 29 3c 3: 3: (3 IV. TEP?S AND CONDITIONS APPLLCABLE TO 33OPERTY OTHER THAN AIRCWT HAVING A SINGLE ITEN ACQUISITION COST OF $2,500*00 OR MORE DONATED FOR CIVIL DEFENSE PURPOSES: (1) Mith 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 Director, Office of Civil and Defense P4obilizat ion. In the event any donated property is used during the period of reseric- tion for any purpose other than that for which the property 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. (4) 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 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 donee shall 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, -4u 8 L * 1 t c r I l! s 1c 11 1: 1: 14 1: 1E 17 1E 1s 2c 21 22 22 24 25 26 27 28 29 30 31 32 (6) 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. (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 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 is given said Agency. Signatures of persons author iz PASSED, AIZFKOVED AND "TED this 5th day of April, 1960, by the City Council, City of Carlsbad, State of California, by the following vote, to wit: AYES: Councilmen Grober, Sonneman, Ledgerwood, Nclherson and La Roche. NOES: None ABSENT: None City of Carlsbad! Carlsbad, California ATTEST : -5- 1 2 c c 4 E e 'i € s 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 STATE OF CALIFORNIA: COUNTY OF S.&S DIEGO: SS. CITY OF CARLSBAD : I, J. H, PRICE, City Clerk of said City, Bo HEKEBY CERTIFY that the foregoing resolution was duly adopted by the City Council of said City and was approved by theMayor of said City at a regular meeting of said City Council held on the 5th day of April, 1960, and that it was adopted by the following vote, to wit: AYES: Councilmen Grober, Sonneman, Ledgerwood, Mcfherson and La Roche. NOES: None ABSENT: None \ Cia Clerk of the City of Carlsbad, California.