0082129
RESOLUTION NO. 82
A RESOLUTION OF THE CITY OF ROLLING HILLS
AUTHORIZING GILBERT B. MYERS OF THE CITY OF
ROLLING HILLS, CALIFORNIA TO SIGN WAREHOUSE
ISSUE SHEET FOR SURPLUS PROPERTY
BE IT RESOLVED by the City Council of the City of
Rolling Hills and hereby ordered that: GILBERT B. MYERS,
who is Civil Defense Administrator, shall be and he is -
hereby authorized as the representative of the City of
Rolling Hills, to sign the warehouse issue sheet (SEASP
Form III) of the California State Educational Agency for
Surplus Property which contains the following terms and
(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",
"where 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 II 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.
conditions:
I: THE DONEE HEREBY CERTIFIES THAT:
tt
(1) It is a tax -supported or nonprofit and tax-
exempt (under Section 501(6) (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
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 Welfare (hereinafter referred
to as "The Department").
(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",
"where 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 II 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.
00
II. TERMS AND CONDITIONS APPLICABLE TO ANY DONATED
PROPERTY HAVING A SINGLE ITEM ACQUISITION COST OF
$2,500.00 OR MORE, REGARDLESS OF THE PURPOSE FOR
WHICH ACQUIRED:
(1) 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.
(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,
.II:I. TERMS AND CONDITIONS APPLICABLE TO PROPERTY OTHER
THAN AIRCRAFT HAVING A SINGLE ITEM ACQUISITION
COST OF $22500.00 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 not placed in use with-
in 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 re-
lease such property to such person as the
'Department or its designee shall direct.
(2) There shall be a period of restriction which
will expire after such property has been used for
which acquired for a period of four years, except
that the period of restriction on motor vehicles
Ionated 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, en-
cumber, or otherwide dispose of such property
or remove it for use outside the State with-
out prior written approval of the Department.
Any sale, trade, lease, loan, bailment, en-
cumbrance 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 thw 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 other-
wise disposed of during the period of restric-
tion without prior approval, the donee at the_
131
option of the Department, shall be liable
to,. tjje United ,St'at'es .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 Depart-
ment 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 there-
of 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 deter-
mines thatthe Governments 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 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 CIVIL DEFENSE PURPOSES:
(1) With:_respect to property donated for civil
defense training Durooses 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 pur-
jposes, 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 Mobilization.
(3) In the event any donated property is used dur-
ing the period of restriction for any purposes
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 Mobiliza-
tion, shall revert to the United States of
America.
4
(4) During the period of restriction the donee
shall not sell, trade, lease, lend, bail,
ehcurriber, or otherwise dispose of such
propertyor_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 fia.rtherneeded
for the purpose for which acquired; the donee
shall promptly notify the.Director, Off ice. of
Civil and Defense Mobilization through-the-
State'Agency (California Disaster Off ice) -arid
shall, -a's directed by"thb "Director, -Office of
Civil aril"Defense Mobil-izatioh or State Agency,
either-retransferthe property to such depart=
ment or agency o fth-e Uriited States_'of -America
or such ' other dories as -may "be designated, or
sell the property at public sale.
(6) In the'event such property is sold; traded,
leased, loaned, bailed; encumbered, or other-
wise"disposed of -during the period of restriction
without prior approval, the donee, at the option
.of the Director, Office of Civil and DefoTi.se
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,
Offi-ce of Civil and Defense Mobilization.
(7) 'Property donated for purposes of civil defense
reserve stocks -shall be stored in accordance W '
with -criteria made and approved by the Director,
Office -of Civil -and Defense -Mobilization and
maintained 'iri good-- o perating 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.
Sign ure of personAythorized
to sign
PASSED AND ADOPTED THIS 10th day of august, 1959, by the
City Council of the City of Rolling Hills, Los Angeles
County, California, by the following vote:
AYES: Councilmen Goodman and Nielsen and Mayor Tourtelot
NOES: None
ABSENT: Councilmen Horn and Roach
I, Phyllis S. Stockdale, Deputy City Clerk of the City
of Rolling Hills, of Los Angeles County, California, do here-
by certify the foregoing is a full, true and correct copy of
a Resolution adopted by the said City Council 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 Council.
N�uy y._ Clerk
O