HomeMy WebLinkAboutCity Council - 3356 RESOLUTION NO. 3356
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH REQUESTING ELIGIBILITY TO RE-
CEIVE 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 Wel-
fare, the California Office of Emergency Services , 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
eligibility 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
Administrative 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 purpose , for use outside the state , or for sale .
3 . Funds are available to pay the costs of care and hand-
ling incident to donation, including packing, preparation for
shipping, loading, and transporting such property .
THE DONEE HEREBY AGREES TO THE FOLLOWING TERMS AND CON-
DITIONS :
1 .
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 HAV-
ING 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 uti-
lized only as necessary to achieve a state of opera-
tional readiness as required by the civil defense mis-
sion assigned to the donee in accordance with the civil
defense operational plans of the state and, where appli-
cable , 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 having a single item acqui-
sition 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 restric-
tions shall apply .
2 . Items of property donated having a unit fair value
of $25 or more but less than $2 ,500 , for which
2 .
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
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 Office of Emergency Services .
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 Office of Emer-
gency Services 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 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 any pro-
ceeds 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 Director of OCD.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Huntington Beach that :
3 .
BRANDER D. CASTLE WILBUR J. LAGE
Assistant Administrator or Assistant Director of
Civil Defense
ature SignatuIntatives
shall be and are hereby authorized as the repre of said
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 authoriza-
tion shall remain in full force and effect until superseded or
rescinded by resolution of this body, transmitted in duplicate
to the California Office of Emergency Services ; 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 Office of Emergency Serv-
ices for filing with said Emergency Office and with the State
Department of Education.
IT IS FURTHER RESOLVED that Resolution No . 2757 be and
it is hereby repealed.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 7th
day of September, 1971.
Mayor
ATTEST:
C2
City erk
APPROVED AS TO FORM:
City Attorne
4 .
Res. No. 3356
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 September 19 71 , by the following vote :
AYES: Councilmen:
Shipley, Bartlett, Gibbs Green Matney, Coen, McCracken
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk and -officio Clerk
of the City Council of the City
of Huntington Beach, California