Resolution 491
cr<.........- ,-, . <:t....t"' " ""'RESOtUT:raJ.IT' 491' .....-. N'r
BE IT RESOLVED by the ~OOC~1JA~lw City of Gilroy
and hereby ordered tha: ~ ~. B. Carr City Clerk or Cecit A Reinsch,.. DUEt:
Pnrnh~~1~t A~n~ . sha11 be and ~ is here y authorized as the
representa ive of City of Gilroy to sign the warehouse issue
sheet (SEASP Form Ill) of the California State Educational Agency for
Surplus Property which contains the following terms and conditions:!
I. THE DONEE HEREBY CERTIFIES THAT g
(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, (
college9 university~ medical institution, hospital, clinic or
health center.\) or a civil defense organization designated pursu-
ant to State law 9 wi thin the meaning of the Federal Property and
Administrative Services Act of 1949.\) as amended9 and the regula=
t,ions of the Department of Health.\) Education;l and Welfare
(hereinafter referred to as ttThe Department").
(2) The property requested by this docUJnent is usable and necessary
in the State for either educational.\) public health.\) or civil
defense purposes including research for ~ 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 inci-
dent to donation" including packing.\) preparation for shipping9
loading and transporting such property.
(4) Property acquired by a donee.\) regardless of acquisition cost.\)
shall be on an "as islli, "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 $2,500.00
or more:; the donee agrees to the terms and conditions in Paragraph
IT 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 PRDPERTY HA. VING A
SmGLE ITEM ACQUISITION OOST OF $2.9500.00 OR MORE, REGARDLESS OF
THE PURPOSE FOR WHICH ACQUIREDg
(1) Such property shall be used only for the educationa1,9 public
health, or civil defense purpose for which acquired,9 including
research for any such purpose9 and for no other purpose.
(2) Donees shall make reports to the state Agency on the usej condi-
tion, and location of such property and on other pertinent
matters as may be require~ from time to time by the State Agency,9
the Department.\) or the Office of Civil and Defense llobi1ization,
as appropriate 0
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III. TERMS AND CONDITIONS APP'Ll'CnmE"'TO PROPERfi OmER THAN AmCRAFT HAVING
A SINGLE ITEM ACQUISITION COST OF $2:1500.00 OR MORE DONATED FOR
EDUCATIONAL OR PUBLIC HEALTH PURPOSESg
(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 receipt9 the donee,9 within 30 days after the expiration
of the twelve-month periods 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 Statesof' America,9 and upon demand the donee
shall release such property to such person as the Department or
its designee shall direct.
( 2) '!'here 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:l except that the period of restric-
tion on motor vehicles donated subsequent to June 3,9 1955, 1fi.ll
expire after a period of two years of such use.
( 3) During the period of restriction the donee shall not sell, trade,
leasel1 lend, bail, encumber, or otherwise dispose of such prop-
erty or remove it for use outside the state without prior written
approval of the Department. Any sale,9 trade I> lease, loan, bail-
ment.9 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 lle1d' 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
Governmentis administrative costs in connection with receipt
thereof will exceed such net proceeds 0
(4) In the event such property is sold.9 traded,9 1eased,9 loaned,9
bailed, encumbered,9 or otherwise disposed of during the period
of restriction without prior approval,9 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) Ifl1 during the period of restrictions property is no longer
suitab1ej usable or further needed by the donee for the purpose
for which acquired, the donee shall promptly notify the Depart-
ment through the State Ageney, and shall, as directed by the
Department or State Agency,9 either retransfer the property to
such department or agency of the United states of America or
such other donee as may- be designated,9 or sell the property at
public sale. Such public sale shall be for the benefit and
account of the Un! ted 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
Governmentvs administrative costs in connection with receipt
thereof will exceed such net proceeds.
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(6) ~ t. opioionof the pepartmentj/ the <ionee.-Pl&Y. abrogate the terms
and condiiions set, forth in P~agraphs II and III by payment of
an amount as determined by .the Departmento
IV. TERMS ~ CONDITIONS APPLIOABLE TO PROPERTY OTIm:R THAN AIRCRAFT HAVING
A SINGLE ITEM ACQUISITIOO COST OF $2,5OQ.00 OR MORE DONA'lED FOR CIVIL
DEFENSE PURPOSES:
(1) With respect to property donated for civil defense traininJII: .
purpos~s 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 Qf 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
wpich 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 during the period of
restriction for any purpose other than that for which the prop-
erty was acquired, without prior written authorization by the
Director, Office of Civil ana Defense Mobilization, all right
title and interest in and to the property, at the option of the
Director~ Office of Civil and Defense Mobi1ization~ shall revert
to the United States of America.
(4) During the period of restriction the donee shall not sell, trade
lease, lend>> bail, encwnber.\l or otherwise dispose of such prop-
erty or remove it for use outside the State without prior w:ritten
approval of the Director, Office of Civil and Defense Mobilization.
(5) If, during the period of restrictionjl property is no longer suit-
able, usable or further needed for the purpose for which acquired~
the donee shall promptly notify the Directorjl Office of Civil and
Defense Mobilization through the State Agency (Califomia Disaster
Office) and shall, as directedjl 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 designatedjl or sell the
property at public sale 0
(6) In the event such property is soldjl tradedjl leased; loaned,
bailed, encumberedjl or otherwise disposed of during the period
of restriction without prior approva19 the doneejl at the option
of the pirector.\l 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 Directorjl 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 propertyo
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RESOLVED FURTHER'thltt a certified copy of this resol~io"e .. ven' to the
state of california, state Educational Agency'for Surplus Property, and
that same shall remain in full force and effect untllwritten notice to
the contr8rT is given said Agenc:y. ~
Signature ot person authorized to ai~ 1_. :~
PASSED AND ADOPTED THIS 1st day ofDecemrr , 195JL, by the Governing
Board of the City o. Gilroy County,
California, by the following vote:
Jordan
AYES: Pate, Wentworth, Gallo, Petersen"" Rush,
NOES: None
ABSENT: None
I, G. B. Carr , Clerk of the Governing Board of ~e 1
CJ.1v " of ~ov. County, California, dO hereby
certify the forsgQing is a , trus,and correct copy ,of ,a resolution
adopted by the said Board at a "'T'~'" . lIleetingthereof
held at its regular place of meeting a, the time and by the vote above
stated, which resolution is on file. in the office of the said Board.
M~~
Clerk