Resolution 05869RESOLUTION NO. 91369
RESOLUTION AUTHORIZING CITY MANAGER TO SIGN FOR
SURPLUS PROPERTY.
BE IT RESOLVED by the Governing Board of the City of Alameda and hereby
ordered tnat:. H. D. WELLER, who is City Manager, shall be and
he is hereby authorized as the representative of City of Alameda to sign
the warehouse /sane sheet (SEAS? 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 designated pursu-
ant to State law, within the meaning of the Federal Property and
Administrative Services Art of 1949, es amended, and the reguin-
tions 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 reed, and is net
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 inci-
dent to donation, including packing, preparation for shipping,
loading and transporting such property.
(4) Property acquired by R 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 attach-
ments hereto which has a single item acquisition cost of r)P,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 CCNDITIONS APPLICABLE TO ANY DONATED PROPERTY HAVING A SINGLE
ITEM ACQUISITION COST OF 12,500.00 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 perpose, and for no other purpose.
Donees shall make reports to the State Agency on the use, condi-
tion, 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.
(2)
III. TERMS AND CONDITIONS APPLICABLE TO PROPERTY OTHER THAN AIRCRAFT HAVING
A SINGLE ITEM ACQUISITION CDST OF 82,500.00 OR MORE S'ONATED FOR EDUCA-
TIONAL 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 he 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 3, 195, will expire after
a period of two years of such use.
(3) During th.e 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, encum-
brance or other disposal of property, when such action is authorized
by the Department, shall he 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 whicn the
Department determines that the Government's administrative costs in
connection with receipt thereof will exceed such net proceeds.
(L) 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 Agency,
and shall, as directed by the Department 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 he 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 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 ,502.00 OR YORE 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 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
stook purposes, there shall be a period of restriction which shall con-
tinue in full force and effect until released or otherwise terminated in
writing by the Director, Office of Civil and Defense Mobilization.
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, 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
Mobilization, shall revert to the United States of America.
(L) 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,
Office of Civil and Defense Mobilization.
(3)
(5)
If, during the period of restriction, property is no longer sultable,
usable or further needed for the purpose for which acquired, the donee
shall promptly notify the Director, Office of Civil and Defense Mobiliza-
tion through the State Agency (California Disaster Office) and shall,
as directed, by the Director, Office of Civil and Defense Mobilization
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, ballad,
encumbered, or otherwise disposed of during the period of restriction
without Prior approval, -the donee, at the option of the Director, Office
of Civil and Defense 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, Office of Civil and Defense Mobilization.
(7) Property donated for purposes of civil defense reserve stocks shall be
stored in accordance with criteria made and approved by the Director,
Office of Civil and Defense Mobilization and maintained in good operating
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.
Signature of person authorized to sign H. D. 8JFLLE
PASSED AND ADOPTED THIS
ing Board of the City of Alamed
by the following vote:
2nd day of December
of Alameda
AYES: Councilmen Collischonn, Freenan, Schacht and
Vice President Petersen, (4).
NOES: None.
1958, by the Govern-
County., California,
-
ABSENT: President McCall, (1).
I, Shirley h. Tennier, Clerk of the Governing Board of the Cit of
Alameda , of _ Alameda County, California, do hereby
CerTify thre—foregoiW is a—nal, true and correct copy of a resolution adopted by
the said Board at e regular meeting thereof held at its regular place of
meeting at the time and idy-the voEe above stated, which resolution is on file in the
office of the said Board.
SHIRLEY B, TENNIER
Cleri
I, the undersigned, hereby certify that the foregoing Resolution was duly
and regularly introduced and adopted by the Council of the City of Alameda in regu-
lar meeting assembled on the 2nd day of December, 195a, by the following vote,
to wit:
AYES: Councilmen Collischonn, Freeman, Schacht and
Vice President Petersen,
NOES: None.
ABSENT: President McCall, (1).
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the official
seal of said City thin 3rd day of December, 1958.
(SEAL)
SHIRLEY H. TENNIER
City Clerk of the City of Alame
* * * * * * * *
I hereby certify that the foregoing is a full, true and correct copy of
"Resolution No. 5869, RESOLUTION AUTHORIZING CITY MANAGER TO SIGN FOR SURPLUS
PROPERTY," introduced and adopted by the Council on the 2nd day of December, 1958,
F L,
City Cler_olii the City of Alameda