HomeMy WebLinkAboutCity Council - 1896 RESOLUTION No. U96
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 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.
1.
Res. No. 1896
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 hTEREBY AGREES TO THE FOLLOWING TERMS AND
CONDITIONS:
I. TERMS AND CONDITIONS APPLICABLE TO ALL PROPERTY,
REGARDLESS OF ACQUISITION COST, DONATED FOR CIVIL
DEFENSE PUP-POSES:
A. Property acquired by the donee shall be on an
"as is" , 'twhere-' 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 TERMS 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 accordance with the civil defense
operational plans of the State and, where applicable,
local government (which shall be consistent with
the National Plan for Civil 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
Mobilisation (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.
Hes. No. 1896
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 DREW 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 establish-
ed 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 designat-
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 in-
terest in the property involved, at the option of the
Director of OCDM, shall revert to the United States of
America. In addition, where there has been an unauth-
orized 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 proper-
ty 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 the
disposal or improper use or for the fair market value
or rental value of the property at the time of such dis-
posal, or improper use, at the option of and as deter-
mined by the Director of OCDM.
3-
Ord. No. 1896
NOW, THEREFORE, IT IS RESOLVED by the City Council
of said City that:
Brander D. Castle, Purchasing Agent
or C. F. Jones, Assistant Director,
Civil Defense shall be be and is hereby authorized as t e epresentatl e
of said City to sign for and accept sure us 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) certi-
fied 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 16th day of December , 1963•
a
ROBERT M. LAMBERT, Mayor
ATTES •
PAUL C. JONE City Clerk
APPROVED AS TO FORM:
JAMES D. PLUNKETT,
Cit to ney
e�
GEOR SHIBATA
Asst.City Attorney
4.
fles. No. 1896
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
C ouncil at a regular meeting thereof held on the 16th
day of December , 1963, by the following vote:
AYES: Councilmen:
Gisler, Lambert,� Stewart,art La ert
NOES Councilmen:
None
ABSENT: Councilmen:
Wells, Welch
City Clerk an x-offico Clerk of the City
Council of the City of Huntington Beach,
California