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HomeMy WebLinkAboutCity Council - 2456 RESOLUTION No. 2456 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING ELIGIBILITY TO RECEIVE SURPLUS FEDERAL PROPERTY FOR CIVIL DEFENSE PURPOSES UNDER PUBLIC LAW 655, 84TH CONGRESS, (70TH STAT. 493) • WHEREAS, by Public Law 6559 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 (Office of Civil Defense, Region 7) , the Department of Health Edu- cation 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 desires to estab- lish its eligibility for such property; IT IS, THEREFORE, certified that: I. It is a civil defense organization designated pur- suant to State law, within the meaning of the Federal Property and Administrative Services Act of 19499 as amend- ed, and the regulations of the Department of Health, Edu- cation and Welfare. II. Property requested by this document is usable and necessary in the State for civil defense purposes, includ- ing 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. III.Funds are available to pay the costs of care and handling incident to donation, including packing, prepara- tion for shipping, loading, and transporting such property. THE DONEE HEREBY AGREES TO THE FOLLOWING TERMS AND CONDITIONS: I. TERMS AND CONDITIONS APPLICABLE TO ALL PROPERTY, RE- GARDLESS OF ACQUISITION COST, DONATED FOR CIVIL DE- FENSE PURPOSES: 1. Res. No. 2456 A. Property acquired by the donee shall be on an "as. is" basis, without warranty of any kind. B. There will also be applicable such other terms and conditions as are contained in the regulations of the Office of Civil Defense, Office of the Sec- retary of the Army, Part 1802 of Chapter XVIII of Title 32 of the Code of Federal Regulations. II. ADDITIONAL TEAMS AND CONDITIONS APPLICABLE TO PROPER- TY HAVING A SINGLE ITEM ACQUISITION COST OF $29500 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 in- stalled or utilized only as necessary 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 are in consonance with national defense objectives, as now or hereafter amended) . B. Except 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 of property donated hav- ing a single item acquisition cost to the 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 roperty donated having a unit fair value of 125-00 or more but less than $2,500, for which a one year period of State restrict- ion 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. 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. 2. Res. No. 2456 D. If, during the period of restriction, property is no longer suitable, usable, or further needed for the purpose for which acquired, the donee shall promptly notify the OCD through the California Disaster Office and shall, as directed by the OCD, either: (1) retransfer the property to such depart- ment 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 property involved, at the op- tion of the Regional Director of OCD, shall revert to the United States of America. In addition,where there has been an unauthorized disposal or improp- er 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 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 Regional Direct- or of OCD. NOW, THEREFORE, IT IS RESOLVED by the City Council of said City that: BRANDER D. CASTLE C. F. ; JONES Assistant Admin or Asst. Director of istrator Civil Defense Signatures shall be and are hereby authorized as the representatives of said City to sign for and accept surplus Federal property, re- gardless of acquisition cost, in accordance with the conditions imposed by the above agencies; and IT IS FURTHER RESOLVED that this resolution of authori- zation shall remain in full force and effect until superseded or rescinded by resolution of this Body, transmitted in dupli- cate to the California Disaster Office; and 3• Res. NO-2456 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 De- partment of Education, IT IS FURTHER RESOLVED that Resolution NO,1896 be and it is hereby repealed. PASSED AND ADOPTED by the City Council of the City Of Huntington Beach, California, at a regular meeting held this 7M, day of November 1966. =ATT City,ATerk APPROVED AS TO FORM: DALE BUSN, ity AttCr—ney Res, Nom2456 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 seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 7th day of November 19 66 9 by the following vote : AYES : Councilmen: Coen, Bartlett , Gisler , Kaufman, Shipley, Green, Stewart NOES : Councilmen None ABSENT : Councilmen: None City Clerk ex-officio Clerk of the City Council of the City of Huntington Beach, California