Resolution - 3518RESOLUTION NO. 3518
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA NAMING AUTHORIZED PERSONS WHO
MAY SIGN SEASP FORM Ill OF THE CALIFORNIA
STATE EDUCATIONAL AGENCY
The City Council of the City of West.Covina does hereby
resolve:
That the City Council of the City of West Covina does
hereby authorize George Aiassa, Civil Defense Director; or
Cleo Janiw, Deputy Civil Defense Director; or Herman Robert
Fast, Director of Public Services; or George Zimmerman, Assist-
ant City Engineer, as the representatives of the City of West
Covina, to sign the warehouse issue sheet (SEASP form 111) of
the California Educational Agency for Surplus Property which
contains the following terms and conditions:
1. The Donee hereby certifies that:
(1) It is a tax -supported or non-profit and tax-exempt
(under Section 501(c)(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 (here-
inafter 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 out-
side the State,, or for sale.
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(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 acquisi-
tion cost, shall be on an "assis", "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 acqui-
sition cost of $2,500.00 or more, the donee agreds
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 fact of
this document.
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 prgoerty and on
other pertinent matters as may be required'from time
to time by the State.Agency, the Department, or the
Federal Civil Defense Administration, as appropriate.
III. Terms and conditions applicable to property other than air-
craft having 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
not 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 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 release 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 the
purpose for which acquired for a period of four
years, except that the period of restriction on
motor vehicles donated subsequent to June, 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 other-
-.wise dispose of such.property or remove it for use
outside the State without prior written approval of
the Department. Any sale, trade, lease, loan, bail-
ment, 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 admini-
strative costs in connection with receipt thereof
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.
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(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 -
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 thoseinstances in
which the Department determines that the Govern-
.ment's administrative costs in connection with
receipt thereof will exceed such net proceeds.
(6) At the option of the Department, the donee may abro-
gate 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 op plicable 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 purposes there shall be a perio of restric-
tion which will expire aftep 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 s-NilT continue in full
force and effect until released or otherwise term-
inated in writing by the Director of the Office of
Civil and Defense Mobilization.
(3) In the event any donated property is used during the
period of restriction for any ,_purpose other than
. that for which the property was acquired, without
prior written authorization by the Director of OCDM,
all right title and interest in and to the property,
at the option of the Director of OCDM; 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 of OCDM.
.(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 of OCDM through the
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State Agency and shall, as directed, by the Director
of OCDM or State Agency, either retransfer the pro-
perty 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.
(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
of OCDM, 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 of OCDM.
(7) Property donated for purposes of civil defense
reserve stocks shall be stored in accordance with
criteria made and approved by .the Director of OCDM
and maintained in good operating condition by the
donee acquiring title to such property.
SECTION 2. 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.
Approved and adopted this
27th day of
ember, 1966.
I, Robert Flotten, City Clerk of the City of West Covina,
of Los Angeles County, California, do hereby certify that the
foregoing is a full, true and correct copy of a resolution adopted
by the City Council of the City of West Covina at a regular meet-
ing thereof held at its regular place of meeting, which resolution
is on file in the office of the.said City Council, by the follow-
ing vote of the Council:
AYES: Councilmen Gillum, Nichols, Gleckman, Mayor Krieger
NOES: Councilmen None
ABSENT: Councilmen Snyder
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City Clerk
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