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RESOLUTON NO. 855
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, REPEALING
RESOLUTONS NO. 682 AND 848, DESIGNATING
INDIVIDUALS AUTHORIZED TO SIGN FOR AND
ACCET SURPLUS FEDERAL PROPERTY
as follows
The City Council of the City of Tustin does resolve
WHE}tEAS, by Public Law 655, 84th Congress (70th(
Stat. 495), the Federal Government has authorized the donation
of surplus Federal property for civil defense purooses; and
WHEREAS, certain conditions are imposed by the 0ffice
of Civil Defense, Region 7, 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
.,
~,~AS, the City of Tustin, Orange County, California
desires to establish its eligibility for such~property;
1. ~esolutions..'No. 682 & 848 are hereby repealed.
IT IS THE~EFO.~E CERTIFIED THAT:
A. It is a civil defense organization designated
pursuant to State L.aw, within the meaning of the Federal Prop-
erty a~d. Administrative Services Act of 19~9, as amended, and
the regulations of the Department of Health, Education and
Welfare.
..
B. Property requested by this document is usable
and necessary in the State for civil defense purposes; includ-
ing research for any such purpose; is required for its own use
to fill a.n existing need; and is not being acquired for any
other use or purpose~ for use outside the State, or for sale.
C. Funds are available to pay the costs of care
and handling incident to donation, including packing, prepara-
tion for shipping, loading, and transporting such property.
C O!l'DITI ONS:
NG T~:~)~$ AND
THE DONEE HE-~EBY AGREES TO THE FOLLOWI~. ~.,
A. Terms and condi, tions applicable to all prop-
erty regardless of acquisition cost, donated for civil defense
purposes:
(1) Prope:-~ty acquired by the donee shall be on
an "as is" '~where is" basls~ without
warranty of atay kind;
(2) There will also be applicable such other
terms and coz~6, itions as are contained in
the re~ulations of the Office of Civil
~f'~ce of the Secret~ry of the
Defense, O~ ....
Army, Fart !~]02 of Chapter ni/IiI of itle
3P of the Code of Federal Re.~'.siations
17
B. Additi°nal terms and conditions applicable to
property having a single ttem"acq.uisttion cost of ~2,500, or
more, donated for civil defense purposes:
(1) Ail such property shall be distributed and, .
during the period of restrictton, be properly
mainta~_ned tn 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
~overnment (which are in co::sonanoe with
national civil defense objectives, as now
or hereafter amended.).
(2) Except as otherwise expressly provided heret~..-
below and unless and until expressly waived
In writi~.g by the ~egional Director of the
Office of Civil Defense ()CD), on a case basi~
the period'of restriction for all items of
property do:aated having a single item acouis-
itton cost to the Federal Government of
or more shall be four years from date of
donation. The specific exceptions are as
follows:
(a) Motor Ve~icles, Federal SupDly Classif-
ication (FSC) Group 25 -- for which a
two-year peri od of restriction shall appl)
(b) Items of property donated having a unit
fair value of ~23.00 or more but less
than ~2,500, for w~_tch a one year period
of State restriction shall apply.
(c) Aircraft (FSC Group 15), for w::tch the
special terms and conditions provided in
the DHEW Conditional Transfer Document
(Aircraft) covering the transfer shall
apply.
(5) During the period of restriotio~., the propert:.."
shall not be sold, traded, leased, !oaned~
bailed, encumbered, or otherwise disposed of
without the specific, prior, written: approval
of the ::e:iona.1 Director of OCD or the
California. Disaster Office.
(l~) If, during the.~eriod of restriction, ~ropert
Is no lon~er su:table, usable, or further'
needed for the vurpose for which acquired, t
donee shall p'rom'.otly :notify the CCD-through
the California D:saster Office and~ shall,
as directed by 'the OCD~ either: re-transfer
the property .to such department or a:ency of
the United States of America or such other
donee as may be designated, or (2) sell the
property at a public sale.
(5) In the event any of the terms and conditions
set forth in t.bis section are breached, all
.... :.:Mht.~ title and interest in the property
involved, .at the option of the Regional
Director of OCD, shall revert to the U:aited
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States of America. Im addition, where
there has been an unauthorized disposal or
improper use of any kind, the donee, at the
option of the ~egional D~rector of 0CD, shall
be l~a. ble 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 Un, ted States for any pro-
ceeds from the disposal or improper use or
for the fair market value or rental value
of the property at the time of such disposa!~
or improper use, at -tRee'option of and as
determined by the Regional Director of 0CD.
NOW, THEREFORE, IT IS RESOLVED by the City Council
of sald. City of Tustln that:
~. Buel A. Willlamson, Director of Civll Defense~
shall be, and. is hereby authorized as the representative of said
City to s~gn for and acce~t surplus Federal ~ro~erty~
of acquisition cost, In accordance wlth the condltlons lmposed
by the above agencies; and
BUel A.:.. Williamson, Director of Civil Defense ~" ' (Name and O,f-f-~-~'~'al Ti tie ) ...............................
/(" .. ,...;....~;::? .
:--_ ......... -__ _ ........ .d.-"(/ ~ ..... :-.; / t.. ~(:.-.:....-,-c'.%. ...... :.. ...;.. .... _ .... .
5. This Resolution of authorization shall remain in
full force and effect until superseded or rescinded by resolu-
tion of this Council transmitted in duplicate to the California
Disaster Office; and
6. The Clerk of this Council is hereby authorized
and directed to send Four (4) certified copies of this Resolu-
tion to the California. Disaster Office, for filing with said
Disaster Office, and. with the State Department of Education.
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Tustin, held on the 19th day of December,
1966.
ATTEST
CITY '"CLERK ' "--
00293
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
RUTH' .:C. pOE, City Clerk and ex-officio Clerk of the City
Council 6'f~tha City of Tustin, California, does hereby certify
that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Res-
olution was duly and regularly introduced, read, passed and
adopted at a regular meeting of the City Council held on the
__ !9t.h_ day of ...Pecember ___, 19 66, by the following vote-
AYES:
COUNCILMEN: ~..)'_IA_C~ .... KL_INGE~LH 2F_'ER ,__:_ COCO.,...j~!LLER .....
NOES:
COUNCILMEN :_.. N. ONE _
ABSENT:
COUNCILMEN: RING
~i~t'~fC~~k ,' ::C[tY'-:o f ~U-S~t in, ..... · ' ~ California