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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