HomeMy WebLinkAboutCity Council - 1775 RESOLUTION No. 1775
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH CONCERNING A
COMBINATION OF SURPLUS PROPERTY OVER
AND UNDER $2500.00
WHEREAS, by Public Law 655, 84th Congress (70th
Stat. 493) , the Federal Government has authorized the donation
of surplus Federal property for civil defense purposes; and
WHEREAS, certain conditions are imposed by the Of-
fice of Civil Defense Mobilization, the Department of Health,
Education and Welfare, the California Disaster Office, and
the State Educational Agency for Surplus Property, in connect-
ion with the acquisition of such property; and
WHEREAS, the City of Huntington Beach, California;
desires to establish its eligibility for such property;
IT IS, THEREFORE, certified that;
I. It is 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.
II. Property requested by this document is usable
and necessary in the State for civil defense purposesincluding
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.
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Res. No. 1775
III. Funds are available to pay the costs of care
and handling incident to donation, including packing, prep-
aration for shipping, loading and transporting such property.
DONEE HEREBY AGREES TO THE FOLLOWING TERMS AND
CONDITIONS:
I. TERMS AND CONDITIONS APPLICABLE TO ALL PROPERTY,
REGARDLESS OF ACQUISITION COST, DONATED FOR CIVIL
DEFENSE PURPOSES:
A. Property acquired by the donee shall be on an
"as is", "where is ' basis, without warranty
of any kind.
B. There will also be applicable such other terms
and conditions as are contained in the Regula-
tions of the Office of Civil and Defense Mobil-
ization, Title 32, Code of Federal Regulations,
Subtitle C, Part 1702, as ineffect on the date
hereof.
II. ADDITIONAL TERM AND CONDITIONS APPLICABLE TO PROP-
ERTY HAVING A SINGLE ITEM ACQUISITION COST OF $2500
OR MORE DONATED FOR CIVIL DEFENSE PURPOSES:
A. All such property shall be distributed and,
during the period of restriction, be properly
maintained in good operational condition and
stored, or installed or utilized only as nec-
essary to achieve a state of operational readiness
as required by the civil defense mission assigned
to the donee in accordanc6 with the civil defense
operational plans of the State and, where applicable,
local government (which shall be consistent with
the National Plan forCivil Defense and Defense
Mobilization, as now or hereafter amended) .
Operational readiness shall include necessary use
in training under a civil defense training program
approved by the State civil defense director-as
being in accordance with the civil defense operation-
al plans of the State.
B. Except as otherwise expressly provided hereinbelow
and unless and until expressly waived in writing by
the Director of the Office of Civil and Defense
Mobilization (OCDM) , on a case basis, the period of
restriction for all items of property donated for
civil defense purposes shall be four years from the
date such property is first used or put in stockpile
in accordance with this subsection. The specific
exceptions are as follows;
2.
Res. No. 1775
1. Motor Vehicles, Federal Supply Classification
(FSC) Group 23 -- for which a two-year period
of restriction shall apply.
2. Boats (FSC Group 19) , Tractors (FSC Group 24) ,
Construction, Mining, Excavating and Highway
Maintenance Equipment (FSC Group 38) , Fire-
Fighting and Rescue Equipment (FSC Group 42) ,
Prefabricated Structures (FSC Group 54) ,and
Generators (FSC Class 6115) , for all of which
a six-year period shall apply.
3. Aircraft (FSC Group 15 ) , for which the special
terms and conditions provided in the DHEW Con-
ditional Transfer Document (Aircraft) covering
the transfer shall apply.
C. Reserve stock storage and installation of equipment
for operational readiness shall, in addition to meeting
the above criteria, meet all applicable criteria estab-
lished by the OCDM.
D. 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 Director OCDM,
E. If, during the period of restriction, property is no
longer suitable, usable, or further needed for the pur-
pose for which acquired, the donee shall promptly notify
the OCDM through the State civil defense director and
shall, as directed by the OCDM, either retransfer the
property to such department or agency of the United
States of America or such other donee as may be designa.t..
ed., or sell the property at a public sale.
F. In the event any of the terms and conditions set forth
in this section are breached, all right, title and inter-
est in the property involved., at the option of the Direct-
or of OCDM, shall revert to the United States of 4merioa.
In addition, where there has been an unauthorized disposal
or improper use of any kind, the donee, at the option of
the Director of OCDM, 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 improper-
ly used, the donee shall be liable to the United States
for any proceeds from the disposal or improper use or for
the fair market value or rental value of the property at
the time of such disposal, or improper use, at the option
of and as determined by the Director of OCDM.
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Res.No. 1775
NOW, THEREFORE, IT IS RESOLVED by the City Council
of said City that:
Brander D. Castle, Purchasing Agen ? �c�lt�..
shall be and is hereby authorized as the representative
of said City to sign for and accept surplus Federal prop»
erty, regardless of acquisition cost, in accordance with
the conditions imposed by the above agencies; and
IT IS FURTHER RESOLVED that this resolution of auth-
orization shall remain in full force and effect until
superseded or rescinded by resolution of this Council
transmitted in duplicate to the California Disaster Office;
and
IT IS FURTHER RESOLVED that the Clerk of this Council
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 ADOPTED by the City Council of the City
of Huntington Beach, California, at a regular meeting held
on the 20th day of May, 1963,
RO ERT M. LAMBERT Mayor
ATTEST:
PAUL C. JONES.,�Z City Clerk
4.
Res. No. 1775
STATE OF CALIFORNIA )
County of Orange ) ss
City of Huntington Beach )
I, PAUL C. JONES, the duly elected, qualified and
acting City Clerk of the City of Huntington Beach, and ex-
officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council
of the City of Huntington Beach is five; that the foregoing
resolution was passed and adopted by the affirmative vote of
more than a majority of all the members of said City Goun.cil
at a regular meeting thereof held on the 20th day of
May , 1963.
AYES: Councilmen.:
Wells, Gisler, Stewart, Welch, Lambert
NOBS: Councilmen :
None
A 3 S uyT: Councilmen:
None
CITY ATTORNZY
City Clerk and officio Clerk of the
City Council of the City of Huntington
Beach, Calif ornia