Resolution No. 1641
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RESOLUTION NO, 164
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS AUTHORIZING THE CITY MANAGER OF SAID CITY
TO SIGN FOR AND ACCEPT SURPLUS FEDERAL PROPERTY
FOR CIVIL DEFENSE PURPOSES,
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 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
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, Educaa
tion and Welfare,
IL 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 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, ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO PROPERTY
HAVING A SINGLE ITEM ACQUISITION COST OF $2500 OR MORE DONATED
FOR CIVIL DEFENSE PURPOSES:
A, All such property shall be distributed and, during the period of re»
striction, be property maintained in good operational condition and
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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
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.
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 (CCDM), 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 Class
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 DHEW 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 defense 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. Where
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 use or for the
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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 Director of OCDM,
NOW, THEREFORE, IT IS RESOLVED by the City Council of said
City that: FRED D. HA.RBER, City Manager
(Signature)
shall be and 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 RESOLVED that this resolution of authorization shall
remain in full force and effect until superseded or rescinded by resolution of
this Council transmitted in duplicate to the California Disaster Office; and
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 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 THIS 3rd day of April, 1961, by the City
Council of the City of Cypress, State of California, by the following vote:
AYES: 3 COUNCILMEN: Arrowood, Denni, McCarney, Van Dyke and Baroldi
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
ATTE.:'T:
Clerk
Mayor
I, FRED D. HARBER, 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
the said Council at a regular meeting thereof held at its regular place of meeting
at the time and by the vote above stated, which resolution is on file in the office
of the said Council.
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Clerk