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RESOLUTION NO. 848
A RESOLUTION OF THE CITY COUNCIL 0F THE
CITY OF T'USTIN, CALIFORNIA, REPEALING RES-
OLUTION NO. 682, DESIGNATING INDIVIDUALS
AUTHORIZED TO SIGN FOR AND ACCEPT SURPLUS
FEDERAL PROPERTY.
as follows:
The City Council of the City of Tustin does resolve
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 Tustin, Orange County, Calif-
ornia, desires to establish its eligibility for such property;
1. Resolution No.' 682 is hereby repealed°
2 o IT IS THEREFORE CERTIFIED TI~T:
...
A. It is a civil .defense organization designated
pursuant to State law, within the meaning of the Federal Prop-
erty and Administrative Services Act of 1949, as amended, and
the regulations of the Department of Health, Education and
Welfare.
B. Property requested by this docux~ent is usable
and necessary in the State for civil defense
ing research for any such purpose; is. required for its own use
to fill at~ existing need; and is not being ~¢quired for any
other use or purpose, for use outside'i the 8rate, or for saleo
C. ~%uads are available to pay the costs of care
and handling incident to donation, including packing, prepara-
tion for shipping, loading, and transporting such property.
2. Donee hereby agrees to the following terms and
c ondi t ions:
A. Terms and conditions applicable to all property
regardless of acquisition cost, donated for civil defense pur-
poses:
(1) Property acquired by the donee shall be .on an
~as is", "where is ~' basis, without warranty
of any .kind; .
(2) There will also be applicable such other
terms and conditions as are contained in the
regulations of the Office of Civil Defense,
Office. Of tho Secretary of the ~rmy~ Part
180~ of Chaooer XVlll of Title 32 of vn~ Co~
o~ Federal :" .......
~'~,.3.'~!at ions ~
, Bo ..!idditiona! t-~rms and conditions s,::pp!icabie
property: havin:~ a ~i'ngte ita~m ac~t:uiS:.tion cost of ~;~2~'~'~ ....
more, donated ~ or civil dofens.~ ',~u.:'poses:
(l~ All such Prop~orty shall be distributed and~
during the period of restriction, be properly
maintained in good operational condition and
stored, or installed or utilized only as
to achieve a state of operational readiness
required by the civil defense mission
to the donee in accord~nce with the ci~.~_l
operational plans of the State and, whe"r.'.a
able, local government (which are in consona~'~.oe
with national civil defense obJectives~ as
or hereafter amer_~ded).
(2} Except as otherwise expressly provided
below and unless and until e~pressly w~iv~d
writing by the Regional Director of the
of Civil ~fense [0CD), on ~ cese~oasis~~ t~,~..
period of restriction for all items of
don~ted havin,s a sin~'~ e item acquisition co~'b to
the Federal Gover~ent of ~2,500 or moro
be four years from date of donation. The specific
exceptions are as follows:
(a) Motor vehicles, Federal Supply Classifica-
tion (FSC) Group 23-- for which a two-year per. iod
of restrictions shall apply.
(b) Items of. property donated having a unlt
fair value of ~'[~25~00 or more but less than
~2~500, for which a one year period of State
restriction shall apply. ·
(c) Aircraft (FSC Group 15), for. which the
special terms and conditions provided in the
DHEW Conditional Transfer .Doc~uent (Aircraft)
covering the transfer shall apply..
(3) During the period of restriction, 'the prope:.t"
shall not be sold, traded,
encumbered, or otherwise disposed of without the
specific, prior, written approval of the Director
0 C DM.
(4) If, during th.r~ period of restriction, property.i i.s
no longer suit~b'!~ us~ble~ or further needed for
the purpose for which ~oquired, the done~ ~..,~.~.
promptly notify the OCDM throug~ the State c'Ivil
defense director, and shall, .as directed by the
0CDM, either retransfer the p~operty to such
department or agency of the United States of
~erica or such other donee as may be designated
or sell the property at a public sale.
(5) In the eveht 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 0CDM, shall revert
~o t~ ~ .
~ n~ United States of ~erica In addition
where there has been an unauthorized dispo~-~al or
improper use. of any kind, the donee, at the optio~{
of the Directo''.- of 0CPM, shall be liable to the
United States Gover~ent or where property is ~-
properly used, t~-e donee shall be ~,~.ble to
United. S. tat~s .~ or any proceeds fro~
orz~..p~"" .... ~ ope~ use ~',,~r for the fair ~r~arket' ~, .... ~ ua o~:"
r0~n'bai ~zalue of "She proporty at the time of such
5.~.s[;."~s.-,~ ....... ?~"o'p..~r use, at the option of ar~.,:~.
as determined by the Director of OCDMo
4o Buel A. Williamson, Director of Civil Defense,
shall be, and is h~reby authorized as the representative of
said City to sign· for and accept surplus Federal property, re-
gardless of acquisition cost, in accordance with the conditions
imposed by the above agencies; and
5o 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 Resolution to
the California Disaster Office, for filing with said Disaster
Office, and with the State D~partment of Education° ~
PASSED ~' ~¥~'~
~'~.~D ~DOPTED at a regular meeting of the City
Council of the City of Tustin, held on the 21st day of November, 1966
~_~v~ ~.~ ~.~ ? ......... ,1966
~L~Y 0 R
ATTEST:
·
..~L~iTy C~~RK .........
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
RUTH C. POE, City Clerk and ex-officio Clerk of the City
Council of the 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
_~:].~.~t day of _NO.¥_e~D3)_r__~_~:, 19 6__~_6, by the following vote:
AYES:
~,~t'~ v,, ,~x COCO, ._ MILLER ~ RING
COUNCILMEN .*~ KLI
_ __ - ,.. '- -_~-~-.%2, __ "-::.:.',~__~ ....... · -: ~ - -- _ _ _ - - ~ --
NOES: COUNCILMEN
ABSENT'
COUNCILMEN:
NONE
.... _-- .~__, ~ --~_~ ...... ~ -1, ,j_