HomeMy WebLinkAbout1970-08-04; City Council; Resolution 1769RESOLUTION 1 7 6 9
COliQINATION OF SU3PLUS PROPERTY OVXR AND UNDER $2500
VHEREAS9 by Public Law 655, 84th Congress (70th Stat. 493), the Federal Government has authorized the donatior, of surplus Federal property
for civil defense purposes; and
bJHERExS, certainconditions are imposed by the Office of Civil De- fense, Region 7, the Department of Eealth Eduaation and Welfare, the Cali-
forniaDisasterOffice, andthe StateEducationalAgency for SurplusProperty,
in connection with the acquisition of such property; and
WHEREAS, the City $@&pp&& of Carls bad rgl i fnmi - --- desires to establish its eligibility for such property; -
IT IS, THEREFORE, certified that:
I. It is a civil defense organization dzignated 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 Xelfare.
11. Property requested by this document is usable and necessary
in the State for 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.
111. Funds are available to pay the costs of care and handling
incident to donation, including packing, preparation for shipping, loading,
and transporting such property,
THE CONEE HEREBY AGREES TO THE FOLLOWING TERMS AND CONDITIONS:
I.
11.
TERMS AND CONDITIONS APPLICABLE TO ALL PROPERTY REGARDLESS OF ACQUISI-
TION COST, CONATED FOR CIVIL DEFENSE PURPOSES:
A. Propertyacquiredby the donee shall be on an 9:as isgQs'IWiere is"
basis, without warranty of any kind.
There wL11 also be applicable such other terms and conditions as
are contained in the regulations of the Office of Civil Defense,
Office of the Secretary of the AITiy, Part 1802 of Chapter XVIII
of Title 32 of the Code of Federal Regulations.
B.
ADDITIONAL TERPYS AND CONDITIONS APPLICABLE TO PROPERTY HAVING A SINGU
ITEN ACQUISITION COST OF $2,500 OR NORE CONATED FOR CIVIL DEFENSE
PURPOSES :
A. All such property shall be distributed and, during the period of
restriction, be properlymaintainedin good operational condition
ENCLOSURZ I
. , - . . . . .. - _. . . . e . .-.
2.
and stored, or installed or utilized only as necessary to achieve
a state of operational readiness as required by the civil defense
mission assigned to the donee inaccordance with the civil defense
operational plans ofthe State and, where zpplicable, local govern-
ment (which are in cocsonance with national civil defense objec-
tives, as now or hereafter amended).
B. Zxcept as otherwise expressly provided hereinbelow and unless and
until expressly waived in writing by the Regional Director of the
Office of Civil Defense (OCD), on a case basis, the period of
restriction for all items ofproperty donated having a single item
acquisition costtothe Federal Government of $2,500 or more shall
be four years from date of donation. The specific exceptions are
as follows:
1. Motor Vehicles, Federal Supply Classification (FSC) Group 23 -- for which a two-year period of restriction shall apply.
2. Items of property donated having a unit fairvalueof $25.00
or more but less than $2,500, for which a one year period of
State restriction shall apply,
Aircraft (FSC Group 15), for which the special terms and con-
ditions provided in the DHEld Conditional Transfer Document
(Aircraft) covering the transfer shall apply,
3.
C. During the period of restriction, the property shall not be sold,
traded, leased, loaned, bailed, encumbered, or otherwise disposed
of without the specific, prior, written approval of the Regional
Director of OCD or the California Disaster Office.
D. If, during the period of restriction, property is no longer suit-
able, usable, or further needed forthepurpose for which acquired,
the donee shall promptly notify the OCD through the California
Disaster Office and shall, asdirected by the OCD, either: (1) re-
transfer the property to such department or agency of the United
States of America or such other donee as may be designated, or (2)
sell the property at a public sale.
E. In the event any of the terms and conditions set forth in this
section are breached, all right, title and interest in the pro-
perty involved, at the option of the Regional Director of OCD,
shall revert to the United States of America. In addition, where
there has been an unauthorized disposal or improper use of any
kind, the donee, at the option of the Regional Director of OCD,
shall be liable to the United States for all damages. Where the
property is not returned to the United States Government or where
property is improperly used, the donee shall be liable to the
United States for any proceeds from tine disposal or improper use
or for the fair market value or rental value of the property at
the time of such disposal, or improper useg at the option of and
as determined by the Regional Director of CCD.
.-
3.
NOV9 THEREFORE, IT IS RESOLVED by the City Council @#I#&&X%~#-
'i)6)6p63ts) of said City (E--$) that:
Jack B. Arnold. City Manauer and RalDh W. Laugblin. Chief (Name ( s) and Official Title ( s) )
shall be and is hereby authorized as the representative of said City (gqq@x)
to sign for and accept surplus Federal property, regardless of acquisition
cost, in accordance with the conditions imposed by the above agencies: and
IT IS FURTSER RESOLVE3 inat this resolutionofauthorization shall
remain in full force and effect until superseded or rescinded by resolution
of this Council (Board) transmitted in duplicate to the California Disaster
Office; and
IT IS FURTHER RESOLVED that the Clerk of this Council @%k&l$ is hereby authorized and directed to send two (2) certified copies of this
resolution to the California Disaster Office, for filing with said Disaster
Office and with the State Department of Education.
PASSED AND AEOFTEG THIS 4 t h day of Auu us t
City Council bxa&nf~~~x~) of tie City (@WAX) of State of California, by the following vote:
19m, by the Carl s ba d
AYES: Mayor Dunne, Cmn. Jardine, McComas, Castro and Lewis.
NOES: None.
ABSENT : No n e .
ATTEST :
City Clerk Margaret E. Adams
19 -- Margaret E. Adams City kM~j& Clerk of the City (@.y&~)
Of Carlsbah California, do hereby certify the fore-
going is a fu true, and correct copy of a resolution adopted by the said
Council kw& at a meeting thereof held at its regular
place of meeting at th:%:J :id by the vote above stated, which resolution
is on file in the office of the said Council &ox&).
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City