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HomeMy WebLinkAbout1958-12-02; City Council; Resolution 469BE IT RESOLVED by %he Governing Board of the CITY OF CARLSBAD duca%isnaL Agency for IO THE (11 1% is a $ax-suppor%ed or nonprofit and tax-exempt (under Section $3l(e)(3) of %he Internal Revenue Code of 19% or Section lOl(6) of the? Intarnab Revenue Code of 1939) school. system, school, college, tmive~ai%y, meatal institutdon, hsqxitab, clinic or healkh cen%er, or a civil defense organization designated puran- an% $0 State law, within the meaning of %he Federal, Property and A&Ma%ra%i??e Services A& of 19&, as mended, and the regula- %ions of the Deparhent of Heal=&, Educa%ion3 ad Welfare [hereinafbr referred to as The Ik?par%men%P~). The property requested by thb do~ment is usable and necessary in %he State for either educational, public heal'bh, or civil defense purposes ineluding research ifor any such purpomB, is ~equired f~r its own use ta fin .an existing need, and fs not being acquired for any other we OB" purposeg for 1188 outside %he State, 01" for sale. Funds are available to pay the costs sf care and handling bci- dent $0 donation, including packing, preparation ~'QT skipping, loading and transporting such propep%y0 With respect, to my property l%s%ed on %his document or attach- ments hereto w~ch has a single itea a~~j~i~iti~n cost &- $2,500~00 or moreg the donee agrees to %he %em and ~~padi.&ion~ in Paragraph II and with respect ts any such prope~%y other than aircraft, %Q the %ems and ~~1d5.$fon~ in one sf Paragraphs I11 or 33, whfehever is appmpriate by virtue of the designation of purpose b&ca%ed on %he face of thks doemem%. 11, TEW AND CONDITIONS APPLIGABI8 TO AKY DONATED PR0PEBY.T H4VTmG A SINGLE ITEM ACQUISITION COST OF' THE PURPOSE FOR WHICH ACQUIRED: $2,~OOoQ0 OR MORE, REGAFUXXSS OF Such property shall be used only for the educational, public health, or civil defense purpose for which acquired, inc1PaUg research for any such purpose, and for no other purpose. 111, TERMS AND CONDITIONS APPLICABLE TO PROPERTY OTHER THAN AIRCRAFT HAVING A SINGLE ITEld ACQUISITION COST OF $2,500.00 OR A4ORE DONATED FOR EDUCATIONAL OR PUBLIC KEllLTH PUEPOSESz Such property shall be placed iR use for the purpose for which acquired no later than twelve months after acquisi.%ion thereof, In the event such proper%y 5s not placed in rpse within twelve months of receipt, the donee, &-thin 30 days after the expiration of the twelve-month period, shall notify the Deparkment in writing through the appropriate State Agency, Title and right to the possession of such property not so placed In 'use xithin the above-mentioned period shall at the option of the Department revert to the United Statesof America, and upon demand the donee shall release such property to such pemon as %he Department OF its designee shall direct, (2) There shall be a period of restriction which rrp-PU 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 3, l,SSs, will expire after a period of two years of such useo (3) During the period of restriction the donee shall not sell, trade, lease, lend, bail, encumber, or othe&se dispose of such prop- erty or remove it for use outside the State withou.t prior written approval of the Department. Any sale, trade, lease, loan, bail- ment, encumbrance or other disposal of property, when aueh action is authorized by the Department, shall be for the benefit and account of the United States of America and the net proceeds thereof shaU 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 GovementPs administrative costs in connection ~5th receipt thereof wild, exceed such net proceeds, (4) In the event such property 5s sold, traded, leased., loaned, bailed, encumbered, or othewse dtsposed of during %he period of yestriction ppfthout prior approval, the donee ant the option of the Department, shall be liable to the United States of Amriea 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 restrietton, property is no longer suitable, usable or furthep 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, eitheP retransfer the property 4x1 such deparzment or agency of the United Statyes of Ameriea or such other donee as may be designated, or sell the property at public sale, 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 Lraszances in which the Departmenf, detemi.ne.s that the Govemmenth s administrative costs in comeetfon with Teceip% thereof will exceed such net proceedsa (5) Such public sale shall. be for the benefit and sf the Department, the donee abrogate the terms and eon&i%ions set fopnth %n Paragraphs I1 and III ~ payment of an amount as determined by %he Deparheat. De TERMS AMD CONDITIONS AfPLICABm To PF?DFEXIT OTHER THAN AIRCBAF"r HAVING A SINGLE ITEM ACQUISITION COST OF $2,500,00 OR MORE DONATED FOR CIVIL DEFENSE PURPOSES~ Wi%h respec% to prqertiy donated for civil, defense training &ch property has hen used for such purpose for a perioa of four pars, except that the period of restriction on motor vehicles will expire af%er a period of two yeam of such usee oses %here sbU be a period of mstfietioKwhich Iffill expire W5th respect to proper%~ domated for operationab readhess gar otherwise $emrb"ed &n awPf%hg by the DiPector, Office 0% Civil &-id Defense Mobilhation. In the even% any dowted property is used during the period of res~i" for my purpose other than that ~QX- erty was acquired, wi%hout prior mitten authorization by the Director9 Office of Civil and Defense MobfBfaation, aU right, title and bteres% in and to the propr$y, at %he option of the DBrector, Office of Civil and Defense Mobiabfzettion, shall revert to -&he United Stakes of America. Dwbg the period of restriction the dome shall not seE19 trade, lease, lend, bail, encumber, or otherwise dispose of such prop- erty or re"e it for use outside %he State without prim mitten approval of the D5re&or, Office of Civil and Bfesnse M&%l%zat%on. there shall be a pel" full force and effec f Te&.$piction il released or If', during %he period of rsst~ietion, property is no longer suit- able, usable or further needed for %be purpose for which acquired, the donee shall promptly notify %he Director, Office of Civil. and Defense M0bi~iza%%on through %he ,%%%e Agency (,Cal&tomia Disaster Office) and slbaU, as directed, by %he I&ree.$or, Office of Civil and Defense MobUfzation or State Agency, either retransfer the property $0 such departmen% or agency of %he Unfhd States of America or such her donee as my be designated, or sell the proper%y a$ publ%c salee In the event such pmpert-y is sold, $raded, leased, loaned, bailed, enembered, or otherwise disposed of during the period of ~eatriction withou% prior epproaah, the donee, a% the ~pti~gl of the Director, Office of Civil, and Defense Hobflfaation, shall be IiabPe =bo the United S%a%es of America for %he proceeds of the disposal OF for %he fafr market value of the properby a$ the the! of such disposal as de"iraed by the D5xec$08r, Office of C2vi.I and &feme Mobilization. Proper%y donated for pxwposes of eivfh defense reserve stocks shall be a-bssed in accordance w5th criteria made and amroved by tihe B!m&or, Office of Civil and Defense Mobilizat%bn and neaihtained %a good operating comkition by %he donee acquiring %%%$e $0 such pmper%y, 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. Signature of person authorized to si NO=: None ABSENT: None RLSBAD I, J, H, PRICE , Clerk of the Governing Board of the of SAN DIEGO County, Calif o certify the foregoing is a full, true, and correct copy of a resolution adopted by the said Board at a regular 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 Board.