HomeMy WebLinkAboutCC RES 76-26~5
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RESOLUTION NO. 76-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA RELATIVE TO COMBINATION
OF SURPLUS PROPERTY OVER AND UNDER $2,500
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 '
$'~LEREAS, certain conditions are imposed by the Defense-Civil
Preparedness. Agency, Region 7, 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
~REAS, the City of Tustin, California 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 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 emergency service pur..poses, including research for any such
purpose; as 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, o°~.
for sale.
III. Funds are avail .able 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 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 Defense Civil Preparedn~'
Agency, Office of. the Secretary of the Army, Part 1802 of Chapter XVIII of Ti~'.
32 of the Code of Federal Regulations.
Ii. ADDITIONAL TE~qS AND CONDITION'S APPLICABLE TO PROPERTY ~LAV~G
A SINGLE IT~4 ACQUISITION COST OF $2,500 OR MORE DONATED FOR F2,LERGE~CY SERVICE
PURPOSES:
A. Ail 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 c
operational readiness as required by the emergency service mission assigned
to the donee in accordance with the emergency operational plans of the Stat~
and, where applicable, local government (which are in consonance with
national emergency objectives, as now or hereafter amended).
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1 B. Except as otherwise expressly provided herein below and
l uni~ss ~',d u~il ~xpr~sly waived in'writing' by the Regional Director of the
2 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
·
3 Federal 'Government of $2,500 or more shall be four years from the date of'
donation. The specific exceptions are as follows:
1' Motor Vehicles, Federal Supply Classification. (FAC)
5 Group 23 -.- for which a two-year period of restriction'shall apply.
.
2. Items of property donated having a uni~ fair market
value of $25.00 or more, but less than $2,500 government, acquisition
cost, for which a one'year period of State restriction shall apply.
8 3. Terms and conditions apPlicable to aircraft and~ to
· vessels measuring 50 feet or more in length are Specific exceptions
9 to all of this section; but the provisi0ns are those specified in
the 'appropriate conditional transfer documents in accordance with
'10 regulations of the Department of Health, Education and~ Welfare.
11 C. During the period of restriction, the-property shall not
· sold, traded, leased, loaned, bailed, encumbered, or otherwise disposed of
12 thout the specific prior., written approval of the.. Regional DirectOr of the.
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Civil Preparedness Agency or the D~rector of the Office of Emergency
13 cee. '
· .. · .. ..
14 D. If, during the period of reStriction, property is no
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longer suitable, usable, or further needed for the purpose for which acquired,
15 the donee shall promptly notify the Defense Civil Preparedness Agency through
the Office of Emergency Services and shall, as directed by the Defense Civil ·
16 Agency, retransfer the property to such department or agency, of
United States of America or such Other donee as 'may be designated by the
17 Se. Civil Preparedness Agency.
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18 E. 'In the event any of the-terms and conditions set' forth in
s section are brea~hed, all right, title, 'and. interest in the.property
19 lved shall, at the option of the Defense Civil Preparedness Agency, revert
the United States of America In addition where there has been an un-
20 ' '
zed disposal or improper use, the donee, at the option of the Defense'
21 Preparedness Agency, shall be liable to the United States of AmeriCa for
1 damages. Where the property is not returned to possession and own'ership ·
22 'the United States of JLmerica or where property has. been improperly used,-the
shall' be liable to the United States of America and all proceeds shall be
to have been received and held in trust for the United States of America
the donee shall promptly remit the same to the Defense 'Civil Preparedness
·
24 ency. When the fair market value or rental value of the prOPerty at the time
such disposal or improper use is greater than the proceeds derived from such
25 , the donee shall, at the option of the Defense Civil Preparedness Agency,
be liable for and promptly remit the difference between such proceeds and
2~ such value, as determined by the Defense Civil Preparedness Agency. The remedies
ed in this paragraph (E) of this section ar.e in addition to administrative
iance measures, and all civil remedies and criminal penalties PrOvided by
27 law.
28 NOW, THEREFORE, IT IS RESOLVED by the. City Council of the City of
tin that:
29
3011 Battalion Chief Harold Ferdig ~ ~.,,/?~_/~~~J~_
31P°lice Lt' Melvin Heil ~~~~'.~~_.~___~ .........
· . . / / ·
Fire Marshal Jess Hernandez ~..~ ~!,./~..... ....
' t ' i ~ ..-;/'; ..~ ~
Assr City Administrator ' /- /'"//'~i~'""' -/~"
. Dan Blankenship _../~ ~, _,_ ..?' ..~~_._,~.-.~.~ ..~...~
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'ara h~.rebv designated as the authorized representative, of . said City to Sign
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for and accept surplus Federal Droperty, regardless of acquisition cost, in
2 tac¢ordan¢0 with the cond±t£ons imposed By the 'above agenc£es; and.'.be ir_..' ..
FURTHER pdg$OI'.VED that: the Clerk o£ this Counc'il _,is hereby authorized
'and directed 'to send two {2') cert±fi.ed copies of this re$01u~.ion to-the ..
I ' California Office of Emergency Services, for' filing w£th said Offi. co' and. with
!} the 'State Department of Education, ..
PASSED AND ADOPTED THIS 1st day of March, 1976, by the City Council
'of' th~ City of Tustin, State of California. "
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....
FURTHER RESOLVED that this resolution of authorization shall remain
in f~ll force and effect until superseded or rescinded by resolution cf this .'~
Council transmitted in duplicat:e to the California Office o£ Emergency Serv£<
and be it ,' .-'
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COUNTY OF O~L~NG~ ) SS
CITY OF TUSTIN )
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RUTHC. POE, City Clerk and ex-officio Clerk o= the city
Cou~,cil of the City .of Tustin~ California, does hereby'
certify that the whole n~ber ~of the.
- ' me.~ers oz th= City
Co~nCil 'of the City of Tustin is'five; t/~at the above and
foregoing Resolution No _76 26 ~eas duly and- regu~
' -- - .~ _ · .-arly
introduced, read, passed and adopted at a re
u_, ar meeting
of the City Council held on the. ls.t .~day of Ma~ch
19 76, by' the following vote- .~ .......................
AYES: . EDGAR, SHARP,
NOES '
ABSENT -
COUNCIL~.[EN: SALTARELLI., 'WELSH,
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COUNCIIZ4EN- NONE
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COU%,TCiLMEN: NONE
SUTCLIFF .
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