HomeMy WebLinkAboutCity Council - 4246 RESOLUTION N0. 4246
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH TO ESTABLISH CITY'S 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 Defense Civil Pre-
paredness Agency, Region Seven, 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 :
I . It is an emergency services organization designated
pursuant to State law, within the meaning of the Federal Prop-
erty 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 emergency service purposes , including
research for any such purposes; 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 of the State , or for sale .
III . Funds are available to pay the costs of care and
handling incident to donation, including packing, preparation
for shipping, loading and transportation of such property.
er 1.
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 EMERGENCY SERVICE
PURPOSES :
A. Property acquired by the donee shall be on an
"as is"/"where 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 Cost of Federal Regulations .
II . ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO PROPERTY
HAVING A SINGLE ITEM ACQUISITION COST OF $2500 OR MORE DONATED
FOR EMERGENCY SERVICE PURPOSES :
A. All such property shall be distributed and, dur-
ing 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 re-
quired by the emergency service mission assigned to the donee in
accordance with the emergency operational plans of the State and,
where applicable, local government (which are in consonance with
national emergency objectives , as now or hereafter amended) .
B. Except as otherwise expressly provided herein
below and unless and until expressly waived in writing by the
Regional Director of the Defense Civil Preparedness Agency, on
a case basis , the period of restriction for all items of property
donated having a single item acquisition cost to the Federal
Government of $2500 or more shall be four years from the 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 property donated having a unit fair
2 .
market value of $25 or more , but less than $2500 government
acquisition cost , for which a one-year period of State restric-
tion shall apply .
3. Terms and conditions applicable to aircraft
and to vessels measuring 50 feet or more in length are specific
exceptions to all of this section; but the provisions are those
specified in the appropriate conditional transfer documents in
accordance with regulations of the Department of Health, Education
and Welfare .
C . During the period of restriction, the property
shall not be sold, traded, leased, bailed, encumbered, or other-
wise disposed of without the specific prior written approval of
the Regional Director of the Defense Civil Preparedness Agency
or the Director of the 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 Defense
Civil Preparedness Agency, through the Office of Emergency
Services and shall, as directed by the Defense Civil Preparedness
Agency, retransfer the property to such department or agency
of the United States of America or such other donee as may be
designated by the Defense Civil Preparedness Agency.
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 shall, at the option of the
Defense Civil Preparedness Agency, revert to the United States of
America. In addition, where there has been an unauthorized dis-
posal or improper use, the donee, at the option of the Defense
Civil Preparedness Agency, shall be liable to the United States
of America for all damages. Where the property is not returned
to possession and ownership of the United States of America or
where property has been improperly used, the donee shall be
liable to the United States of America and all proceeds shall be
3.
deemed to have been received and held in trust for the United
States of America and the donee shall promptly remit the same to
the Defense Civil Preparedness Agency. When the fair market
value or rental value of the property at the time of such disposal
or improper use is greater than the proceeds derived from such
action, the donee shall, at the option of the Defense Civil
Preparedness Agency, also be liable for and promptly remit the
difference between such proceeds and such value, as determined
by the Defense Civil Preparedness Agency . The remedies provided
in this paragraph (E) of this section are in addition to ad-
ministrative compliance measures , and all civil remedies and
criminal penalties provided by law.
NOW, THEREFORE, IT IS RESOLVED by the City Council of
said City that :
6
FLOYD BELSITO, Acting ROY H
City dministrator Purch ing Officer
Director, Civil Defense/
Emergency Services
ORG . THYDE , Co rdinator FRANK B. ARGUEL
Civ' efense/Emer ncy Services Director of Finance
(Property Officer)
are hereby designated as the authorized representatives 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
BE IT FURTHER RESOLVED that this resolution of authorization
shall remain in full force and effect until superseded or re-
scinded by resolution of this Council transmitted in duplicate
to the California Office of Emergency Services; and
4.
BE IT FURTHER RESOLVED that the City 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 Office and with the State Depart-
ment of Education.
IT IS FURTHER RESOLVED that Resolution No. 3839 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 June, 1976 .
maybe
ATTEST:
City Clerk
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
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Actin City Administrator 14511 Cit Attorney '
APPROVED B INITIATING D PARTMENT:
J
NO FISCAL IMPACT
FISCAL iMPACT -- BUDGETED ---
FISCAL IMPACT -- NOT BUDGET..': .._._
REQUIRES FINANCIAL IMPACT REPORT--.
5.
Res. No. 4246
5'I'A'E OF CALIFORNIA )
COUNTY OF ORANGE ) as:
CITY OF HUNTINCTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified 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 June 19 76 by the following vote:
AYES: Councilmen:
Bartlett, Pattinson,, Gibbs, Siebert, Shenkman, Wieder
NOES: Councilmen:
None
ABSENT: Councilmen:
Coen
16 ,�; / �
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California