Resolution No. 273E2OLU1'ION N0. x'73
RESOLUTION OF TIC CITY COUNCIL OF THE CITY OF CYPRESS
AUTHORIZING TIE CITY MANAGER OF SAID CITY TO SIGN FOR
AND ACCEPT SURPLUS FEDERAL PROPERTY FOR CIVIL DEFENSE
PURPOSES.
WHEREAS, by Public Law 655, 84th Cong ress (70th t�t. l���, the he Federal
Government has authorized the d_onntien of surn_ lu • Federal property for civil
defense purposes; and
1:'?H'RE^:S, certain conditions ore imposed by the Office of Civil and
Defense Mobilization, 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
WH'E:n , the City of Cypress d. lr eu to establish its eligibility for
such property,
IT IS THEREFORE, certified that:
I. It is a civil defense organization: designated pursuant to State Lai,
within the meaning of the Federal Property and Administrative Services Act
of 1(79, s amended, and the regulations of the Department of Health,
Education and Welfare.
II. Property requested by this document is usable and necessary in the
r.
State for civil defense purposes, including research for any suc' nur')ose,
is required for its own use to fill an existing need; and is not i o:._., ,
acquired for any other use or purpose, for use outside the State, or for sale.
III. Funds are available to onv 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 FOT,LOWING TERMS AND CONDITIONS:
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 ", "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 and Defense
Mobilization, Title 32, Code of Federal Regulations, Subtitle C.
Part 1702, as in effect on the date hereof.
II. '1DDITIONAL TERMS AND CONDITIONS APPLICABLE TO PROPERTY HAVING A SINGT,F
ITEM ACQUISITION COST $2500 OR MORE DONATED FOR CIVIL DEFENSE PURPOSES:
A. All such property shay be distributed and, during the period of
restriction, be properly maintained in good operational condition
and. 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 shall be consistent with the National Plan for Civil Defense
and Defense Mobilization, as now or hereafter amended). Operational
readiness shall include necessary use in training under a civil
defense training program approved by the State civil defense director
as being in accordance with the civil defense operational plans of
the State.
Resolution No. 273
104
B. Except as otherwise expressly provided hereinbelow and unless and
until expressly waived in writing by the Director of the Office of
Civil and Defense Mobilization (OCDM), on a case basis, the period
of restriction for all items of property donated for civil defense
purposes shall be four years from the date such property is first
used or put in stockpile in accordance with this subsection. 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. Boats (FSC Group 19), Tractors (FSC Group 24), Construction,
Mining, Excavating and Highway Maintenance Equipment (FSC
Group 38), Fire - fighting and Rescue Equipment (FSC Group 42),
Pre - fabricated Structures (FSC Group 54), and Generators
(FSC Group 6115), for all of which a six -year period shall apply.
3. Aircraft (FSC Group 15), for which the special terms and conditions
provided in the DREW Conditional Transfer Document (Aircraft)
covering the transfer shall apply.
C. Reserve stock storage and installation of equipment for operational
readiness shall, in addition to meeting the above criteria, meet all
applicable criteria established by the OCDM.
D. During the period of restriction, the property shall not be sold,
traded, leased, loaned, bailed, encumbered, or otherwise disposed
of without specific, prior, written approval of the Director OCDM.
E. 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 OCDM through the State civil defensr
director and shall, as directed by the OCDM, either retransfer the
property to such department or agency of the United States of America
or such other donee as may be designated, or sell the property at a
public sale.
F 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 Director of OCDM, 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 Director of OCDM, shall be liable to the United States
for all damages. `'There 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 us:.. or for the fair market value or rental value of the
property at the time of suc h disposal, or improper use, at the option
of and as determined by the Director of OCDM.
NOW, THEREFORE, IT IS RESOLED by the City Council of said City that:
DAPRELL ESSEX, City Man er.
`nature
shall be -nnd is hereby authorized as the representative 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 FESOLVED that this resolution of authorization shall remain
in full corce and effect until superseded or recinded by resolution of this
Counci Transmitted in duplicate to the California Disaster Office; and
Resolution No. 273
IT IS FURTHER RESOLVED that all previous authorizations made by this
City Council authorizing any persons to sign for and accept surplus Federal
property on behalf of the City of Cypress are hereby cancelled and
revoked; and
IT 13 FURTHER RESOLVED that the Clerk of this Council is hereby
authorized and directed to send two (2) certified copies of this
Fesolution to the Califo rnia Disaster Office, for filing with said Disr
Office ,:Jrld ,,7ith the State Department of Education.
F123ED i'DOPTED this 12th ,Th-y of June, 1912, by The City Council
of the City of Cypress, State of Californi!-A, by the followinF, roi l. call vote:
CM:NCI:WEN: Gorzeman, Noe, ',jright and. Van Dyke
NOES: 0 COUM7H1TEE: None
ABSENT: 1 COUNCTLITN: Denni
1, FERNE S. PHILLIPS, City Clerk of the City of Cypress, California, do
hereby certify the foregoing is a full, true and correct copy of a resolution
adopted by th.f: stiid. Council at regular meeting th,:,roof held at its
re1)u1:z,r place of meetinz at 3he t;ime and by the vote :,,Love stted, icb
resolution is on file in the office of the se.id Council.
Resolution No. 27