Resolution No. 675RESOLUTION NO. 675
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AUTHORIZING SIGNATURES FOR SURPLUS FEDERAL PROPERTY
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
WHEREAS, certain conditions are imposed by the Office of Civil Defense,
Region 7, the Department cf 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
WHEREAS, the City of Cypress desires to establish its eligibility for
such property;
IT IS, THEREFORE, certified that:
I. 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 the regulations of the Department of Health, Education
and Welfare.
II. 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.
III. 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:
I TERMS AND CONDITION APPLICABLE TO ALL PROPERTY, REGARDLESS OF ACQUISI-
TION 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 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 govern-
ment (which are in consonance with national civil defense objec-
tives, as now or hereafter amended).
B. Except as otherwise expressly provided hereinbelow and unless and
until expressly waived in writing by the sgional 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
acquisition cost to the Federal Government of $2500 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 restriction shall apply.
2. Items of property donated having a unit fair value of $25.00
or more but less than $25000, for which a one year period of
State restriction shall apply.
3. Aircraft (FSC Group 15), for which the special terms and con-
ditions 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 Disaster Office.
D. If, during the period of restriction, property is no longer suit-
able, usable, or further needed for the purpose for which acquired,
the donee shall promptly notify the OCD through the California
Disaster Office and shall, as directed by the OCD, either: (1) re-
trasnfer the property to such department or agency of the United
States of American 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 pro-
perty 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 all damages. Where the
property is not returned to the United States Government or where
property is improperly used, th e 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 value of the property at
the time of such disposal, or improper use, at the option of and
as determined by the Regional Director cf OCD.
NOW, THEREFORE, IT IS RESOLVED by the City Council of said City that:
Darrell Essex, City Manager & Director of Civil Defense
(Signature)
Darrell Dalton, Assistant Director of Civil Defense
(Signature)
shall be and are hereby authorized as the representativesof 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 ortescinded by resolution
of this Council transmitted in duplicate to the California 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 Education.
PASSED AND ADOPTED by the City Council of the City of Cypress, at a
regular meeting held on the 28th day of February, 1966.
,$art/7
MAYOR OF THE CITY • CYPRESS
ATTEST:
CITY -Citaus� F TNE4C1/fY OF CYPRESS
STATE OF CALIFORNIA) ss
COUNTY OF ORANGE )
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY
CERTIFY that the foregoing Resolution was adopted at a regular meeting of
the said City Council held on the 28th day of February, 1966, by the
following vote:
AYES: 5 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
Y CLE OF THE/CITY OF CYPRESS