HomeMy WebLinkAboutCC RES 682RESOLUTION NO. 682
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, REPEALING
RESOLUTIONS NOS. 479, 481 and 624, DESIG-
NATING INDIVIDUALS AUTHORIZED TO SIGN FOR
AND ACCEPT SURPLUS FEDERAL PROPERTY.
The City Council of the City of Tustin does resolve as
follows:
WHEREAS, certain conditions a~e imposed by the Office
of Civil and Defense Mobilization, the Department of Health, Educa-
tion 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 T~stin, Orange County, California,
desires to establish its eligibility for such property;
1. Resolutions No. 479, No. 481, and No. 624, are
hereby repealed.
2. It is therefore certified that:
A. 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 regula-
tions 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, including
research for any such purpose; is required for its own use to fill
an existing need; and is not being acquired for an~ other use or
purpose, for use outside theState, or for sale.
C. Funds are available to pay the costs of care and
handling incident to donation, including packing, preparation· for
shipping, loading, and transporting such property.
3. Donee hereby agrees to the following terms and
conditions:
A. Terms and conditions applicable to all property,
regardless of acquisition cost, donated for civil defense purposes:
(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 Regula-
tions of the Office of Civil and Defense Mobili-
zation. Title 32, Code of Federal Regulations,
Subtitle C, Part 1702, as in effect on the date
hereof.
B. Additional terms and conditions applicable to
property having a single item acquisition cost of $2,500, or more,
donated for civil defense purposes:
(1) All 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 neces-
sary 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 consis-
tent with the National Flan 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.
(2) Except as otherwise expressly provided herein-
below 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 pro-
perty 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:
(a) Motor vehicles, Federal Supply Classification
(FSC) Group 23 -- for which a two-year Deriod
~of ~estriction shall apply.
(b) Boats (MSC~Group 19), Tractors (FSC Group
24), Construction, Mining, Excavating and High-
way Maintenance Equipment (FSC Group 38), Fire-
fighting and Re scue Equipment (FSC ~ Group 42)
Pre-fabricated Structures (FSC Group 54), and
Generators (~SC Class 6115), for all of which a
six-year period shall ap~oly.
(c) Aircraft (FSC Sroup 15), for which the
special terms and conditions provided in the
DHEW Conditional Transfer Document (Aircraft)
covering the transfer shall apply.
(3) Reserve stock storage and installation of equip-
ment for operational readiness shall, in addi-
tion to meeting the above criteria, meet all
applicable criteria established by the 0CDM.
(4) During the period of restriction, the property
shall not be sold, traded, leased, loaned, bailed,
encumbered, or otherwise disposed of without the
specific, prior, written approval of the Direc-
tor 0CDM.
(5) If, during the period of restriction, property is
no longer suitable, usable, or further needed for
the purpose for which acquired, the donee shall
pro.raptly notify the OCDM through the State civil
defense director, and shall, as directed by the
OCDM, either ~etransfer the proper~y 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.
(6) In the event any of the terms and conditions
set forth in this sectionare breached, all right,
title and interest in the property involved, at the
option of the Director of 0CDM, shall revert to
the United States of America. In addition where
there has been an mnauthoriaed dis?osal or improper
use of any kind, the donee, at the option of the
Director of OCDM, shall be liable to the Un~ted
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 fair market value
or rental value of the property at the time of such
di~pesal ~'~m~~p~!~us~, at the option of and as
determined by the Director of OCDM.
4. Buel A. Williamson, Director of Civil Defense
mhall be, and is hereby authorized as the representative of said City
to sign for and accept surplus Federal property, regardless of acquisi-
tion cost, in accordance with the c~nditions imposed by the above
agencies; and
5. This~ Resolution of .~uthorization 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
6. The Clerk of this Council is hereby auti~orized
and directed to send two (2) certified copies of this Resolution
to the California DisaSter Office, for filing with said Bisaster
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 18th day of November, 1963.
ATTEST:
Mayor
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 Resolution was duly
and regularly introduced, read, passed and adopted at a regular
meeting of the City Council held on the 18 day of November, 1963,
by the following vote:
AYES:
COUNCILMEN:: DON~?.,, SHERIDAN.,.._H, UMESTON, MA.CK, K..L.I. NGELHoFER
NOES: COUNCILMEN NONE
ABSENT: COUNCILMEN NONE