HomeMy WebLinkAboutCity Council - 2757 RESOLUTION NO. 2757
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 655, 84th Congress (70th Stat. 493) ,
the Federal government has authorized the donation of surplus
Federal property for civil defense purposes; and
Certain conditions are imposed by the Office of Civil De-
fense, Region 7, the Department of Health Education and Welfare,
the California, Disaster Office, and the state Educational Agency
for Surplus Property, in connection with the acquisition of such
property; and
The City of Huntington Beach desires to establish its eli-
gibility for such property,
IT IS THEREFORE CERTIFIED that:
1. It is a, civil defense organization designated pursuant
to state law, within the meaning of the Federal Property and Ad-
ministrative Services Act of 1949, as amended, and regulations of
the Department of Health, Education and Welfare .
2. Property requested by this document is usable and nec-
essary in the state for civil defense purposes, including re-
search 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
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purpose, for use outside the state, or for sale.
3. 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 DONEE HEREBY AGREES TO THE FOLLOWING TERMS AND CON-
DITIONS :
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"
basis, without warranty of any kind.
B. There will also be applicable such other terms and con-
ditions as are contained in the regulations of the Office
of Civil Defense, Office of the Secretary of the Army,
Part 1802 of Chapter XVIII of Title 32 of the Code of
Federal Regulations .
II ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO PROPERTY HAVING
A SINGLE ITEM ACQUISITION COST OF $2,500 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 necessary to achieve a. state of operational rea,di-
ness 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 govern-
ment (which are in consonance with national defense ob-
jectives, as now or hereafter amended) .
B. Except as otherwise expressly provided hereinbelow and
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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 having a single item ac-
quisition 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 restrictions
shall apply.
2. Items of property donated having a unit fair value
of $25,000 or more but less than $2,500, for which
a, one year period of state restriction shall apply.
3. Aircraft (FSC Group 15) , for which the special terms
and conditions provided in the DHEW Conditional Trans-
fer 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.
D. 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 OCD through the California Disaster Office and shall,
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as directed by the OCD, either: (1) retransfer the
property to such department or agency of the United
States of America, or such other donee as ma,y be desig-
nated, 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 option of the
Regional Director of OCD, shall revert to the United
States of America.. In addition, where there ha,s been an
unauthorized disposal or improper use of a,n kind the
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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 Govern-
ment 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 va,lue of the property at the time of such dis-
posal, or improper use, at the option of and as deter-
mined by the Regional Director of OCD.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Huntington Beach that
BRANDER D. CASTLE CHARLES„V.�"COLLIER
Assistant Administrator or Assistant Director of
Civil Defenses
igna, ure Signa,ture
shall be and are hereby authorized a,s the representatives of said
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city 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 FURTHER RESOLVED that this resolution of authorization
shall remain in full force and effect until superseded or rescinded
by resolution of this body, transmitted in duplicate to the Cali-
fornia 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 Edu-
cation.
IT IS FURTHER RESOLVED that Resolution No. 2456 be and it is
hereby repealed.
PASSED AND ADOPTED by the City Council of the City of Hunting-
ton Beach, California at a, regular meeting thereof held on the 20th
day of May, 1968.
Mayor
ATTEST:
City Cl k
APPROVED AS TO FORM:
" Ate,
Assistant City Attorney
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Res. No.
2757
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 29th
day of May 19 68 , by the following vote :
AYES: Councilmen:
Bartlett, McCracken, Kaufman, Matney, Green, Coen
NOES: Councilmen:
None
ABSENT: Councilmen:
Ship 1 ey _
City Clerk and x-officio Clerk
of the City Council of the City
of Huntington Beach, California