HomeMy WebLinkAboutCity Council - 3747 RESOLUTION NO. 3747
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
Defense , Region 7 , the Department of Health, Education and
Welfare , 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
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 .
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
CONDITIONS :
1 .
/er
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
conditions 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 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 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 .
2. Items of property donated having a unit fair
value of $25 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 Condi-
tional 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
purpose for which acquired, the donee shall promptly
notify the OCD through the California Office of Emergency
Services and shall, 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 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.
3.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Huntington Beach that :
DAVID D . ROWLANDS FL&YD G. BELSITO
Cit Administrator E ecutive Assistant
ROY Ov WILBUR J . AGE
Pur ha ing Officer Assistan Dire or of
Civil Defense/Emer. Services
shall be and are hereby authorized as the respresentatives 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 authorization
shall remain in full force and effect until superseded or re-
scinded by resolution of this body, transmitted in duplicate to
the California Office of Emergency Services ; and
IT IS FURTHER RESOLVED that the Clerk is hereby authorized
and directed to send two ( 2) certified copies of this resolution
to the California Office of Emergency Services for filing with
said Emergency Office and with the State Department of Education.
IT IS FURTHER RESOLVED that Resolution No. 3356 is hereby
repealed.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 20th
of August , 1973 .
ay or
ATTEST : APPROVED AS TO FORM:
City Clerk Cit7Attor
4 .
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Res. No. 3747
STATE OF CAIAFORNTA >
COUNTY OF ORANCI: ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly appointed, qualified City
Clerk ofthe 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 20th day
of August 19 73 , by the following vote:
AYES: Councilmen:
Bartlett, Gibbs, Green, Duke, Matney
NOES: Councilmen:
None
ABSENT: Councilmen:
Shipley, Coen
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California