Resolution No. 159RESOLUTION NO. 159
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AUTHORIZING THE CITY MANAGER TO SIGN THE WAREHOUSE ISSUE
SHEET OF THE CALIFORNIA STATE EDUCATIONAL AGENCY FOR
PROPERTY WITH A SINGLE ITEM ACQUISITION COST OF $2,500.00
OR MORE
BE IT RESOLVED by the City Council of the City of Cypress and hereby
ordered that Fred D. Harber, who is City Manager, shall be and he is hereby
authorized as the representative of the City of Cypress 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. THE DONEE; HEREBY CERTIFIES THAT:
(1) It is a tax -supported or nonprofit 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 de-
signated 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 (herein-
after 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 hand-
ling 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 12,500.00 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.
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 ac-
quired, 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 Federal
Civil Defense Administration, as appropriate.
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III. TERMS AND CONDITIONS APPLICABLE TO PROPERTY OTHER THAN AIRCRAFT
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 sub-
sequent 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 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 deter-
mines 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 A;ency,
and shall, as directed by the Department or State Agency,
either re -transfer 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 proceed 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 deter-
mines that the Government's administrative costs in
connection with receipt thereof will exceed such net
proceeds.
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(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
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 re-
striction 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 re-
striction which shall continue in full force and effect
until released or otherwise terminated in writing by the
Federal Civil Defense Administrator.
(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 authoriza-
tion by the Federal Civil Defense Administrator, all right,
title and interest in and to the property, at the option of
the Federal Civil Defense Administrator, 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 Federal Civil Defense Administra-
tor.
(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 Federal Civil
Defense Administrator through the State Agency and shall, as
directed, by the Federal Civil Defense Administrator 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.
(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 Federal Civil Defense Administrator, shall be liable
to the United States of America for the proceeds of the dis-
posal or for the fair market value of the property at the time
of such disposal as determined by the Federal Civil Defense
Administrator.
(7)
Property donated for purposes of civil defense reserve stocks
shall be stored in accordance with criteria made and approved
by the Federal Civil Defense Administrator and maintained in
good operating condition by the donee acquiring title to such
property.
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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 sign:
PASSED and ADOPTED this 6th day of March, 1961, by the City Council
of the City of Cypress of Orange County, California, by the following vote:
AYES: 5 COUNCILMEN: Arrowood, Denni, McCarney, Van Dyke, Baroldi
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
ATTEST:
FRED D. HARBER, CITY CLERK
?
THOMAS A. BAROLDI, MAYOR
I, Fred D. Harber, City Clerk of the City of Cypress, do hereby
certify that the foregoing is a full, true and correct copy of a resolution
duly adopted by the City Council of the City of Cypress, on the 6th day of
March, 1961.
FRED D. HARBER, CITY CLERK
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