Loading...
Resolution No. 173RESOLUTION rr0. 173 A RT.SOLUTI^N Ov THE CIT'T COUNCIL OP TPE CITY Or CYPRESS AUTHORIZING TH7 CITY MANAGER OF GAIT) CITY TO SIGN FOR AND ACC=T SURPLUS FEDERAL PROPERTY FOR CIVIL DEFENSE PURPOSES. WHE-'?AC, 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, aid 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 15 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 1°49, as amended, and the regulations of the Department of Health, Education and 'Jelfare . II. Property requested by this document is usable and neceQsary in the State for civil defense purposes, including research for any such purpose, is reouired for its own use to fill an existing need; and is not being acquired for aiy 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 shipning, loading and transporting such property. THE DONEE HEREBY AGREES TO THE FOLLOI•TING TERMS AND CONDITIONS: I. TAMS AND CONDITIONS APPLICABLE TO ALL PROPERTY, REGARDLESS OF ACQUISITION COST, DONATED FOR CIVIL DEFENSE PURPOSE`: A. Property acquired by the donee shall be on an t!as isn, 'twhere 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 ITETI ACQUISITION COST OF :;2500 OR MORE DONATED FOR CIVIL DEFENSE PURPOSES: A. All such property shall be distributed and, during the period of restriction, be property maintained in good operational condition and stored, or installed or utilized only as necessary -1- 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 ti,?ith 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 (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 ecific exceptions are as follows: 1. Motor Vehicles, Federal Supply Classification (FSC) Group 23-- for which a tiro -year period of restriction shall apply. 2. Boats (FSC Group 19), Tractors (FSC Group 24), Construction, Mining, Excavating and Highway Maintenance Equipment (TSC Group 36), Fire -fighting and Rescue Equipment (FSC Group 42), Fre-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 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 other- wise disposed of without specific, prior, written approval of the Director OCDI'4. E. If, during the period of restriction, property is no longer suitable, usable, or further needed for the purpose for which acauired, the donee shall promptly notify the OCD15 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, here there has been an unauthorized disposal or improper use of any kind, the donee, at the option of the Director of OCDN, 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 -2- 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, THEREFOI , IT IS R SOLVED by the City Council of said Manager City that: ROBERT K. OGERS (Si a re) 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 recinded by resolution of this Council transmitted in duplicate to the California Disaster Office; an d 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 15t day of May 1961, by the City Council of the City of Cypress, State of California, by the following vote: AYES: 5 COUNCILMEN: NOES: 0 COUT CILIiEN : ABSFNT: 0 COUN CILIMEN : ATTEST: Attilli Cleric Arrowood, Denni, McCarney, Van Dyke, Baroldi None None Mayor I, Robert K. Rogers , 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 'n the office of the said Council. -3- aAVI ity Cler,'