HomeMy WebLinkAbout70-02 - Appointing Representatives for Acquisition of Surplus Federal PropertyRESOLUTION NO. 70-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, APPOINTING THE CITY MANAGER, ASSISTANT CITY
MANAGER AND ASSISTANT DIRECTORS OF CIVIL DEFENSE AS
REPRESENTATIVES OF THE CITY OF COSTA MESA IN THE
ACQUISITION OF SURPLUS FEDERAL PROPERTY FOR CIVIL
DEFENSE USE.
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
WHEREAS, certain conditions are imposed by the Office 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
WHEREAS, the City of Costa Mesa desires to establish its
eligibility for such property:
IT IS, THEREFORE, certified that:
I. It is a civil defense organization designated pursuant to
State Law, within the meaning of the Federal Property and
Administrative Service Act of 1949, as amended, and the reg-
ulations of the Department of Health, Education and Welfare.
I II. 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 any 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
shipping, loading and transporting such property.
THE DONEE HEREBY AGREES TO THE FOLLOWING TERMS AND CONDITIONS:
1. Terms and conditions applicable to all property, regardless
of acquisition cost, donated for civil defense 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 Office
of Civil Defense, Office of the Secretary of the Army,
Part 1802 of Chapter XVIII of Title 32 of the Code of
Federal Regulations.
II. Additional terms and conditions applicable to property having
a single item acquisition cost of $2,500.00 or more donated
for civil defense purposes:
A. All such property shall be distributed and, during the
period of restriction, be properly maintained and in good
operational condition and stored, or installed or utilized
only as necessary to achieve a state of operational readi-
ness as required by the civil defense mission assigned
to the donee in accordance with the civil defense oper-
ational plans of the State and, where applicable, local
government (which are in consonance with national civil
defense objectives, as now or hereafter amended).
B. Except as otherwise expressly provided hereinbelow and
unless and until expressly waived in writing by the Regional
Director of the Office of Civil Defense (OCD), on a case
basis, the period of restriction for all items of property
donated having a single item acquisition cost to the
Federal Government of $2,500.00 or more shall be four
years from date of donation. The specific exceptions are
as follows:
1. Motor Vehicles, Federal Supply Classification (FSC) 7,7
Group 23 -- for which a two-year period of restriction
shall apply.
2. Items of property donated having a unit fair value
of $25.00 or more but less than $2,500, for which a one-year
period of State restriction shall apply.
3. Aircraft (FSC Group 15), for which the special terms
and conditions provided in the DHEW Conditional Transfer
Document (Aircraft) covering the transfer shall apply.
C. 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 Regional Director of OCD or the California
Disaster Office.
D. If, during the period of restriction, property is no longer
suitable, usable, or further needed for the purpose for
which acquired, the donee shall promptly notify the OCD
through the California Disaster Office and shall, as directed
by the OCD, either (1) retransfer the property to such de-
partment or agency of the United States of America or such
other donee as may be designated, or (2) sell the property
at a public sale.
E. 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
regional director of OCD, shall revert to the United
States of America. In addition, where there has been
an unauthorized disposal or improper use of any kind,
the donee, at the option of the regional director of
OCD, 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 fair market
value or rental value of the property at the time of
such disposal, or improper use, at the option of or
as determined by the regional director of OCD.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City
of Costa Mesa, that:
A. R. McKENZIE, City Manager, FRED SORSABAL, Assistant City
Manager, WILLIAM M. SAVAGE, Assistant Director of Civil Defense,
and R. T. KNIGHT, Assistant Director of Civil efense
Lo
c ENJE FRED SORSABAL
WILLIAM M. SAVAGE T. KNIGHT.
shall be and are hereby authorized as the representatives of said City to
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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 rescinded by
resolution of this Council transmitted in duplicate to the California
Disaster Office; and
IT IS FURTHER RESOLVED that Resolution No. 65-36 of this
Council, adopted on the 17th day of May, 1965, is hereby rescinded; 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 the State Department of Education.
PASSED AND ADOPTED this 5th day of January, 1970, by the City
Council of the City of Costa Mesa, State of California, by the following
vote:
AYES: COUNCILMEN: Wilson, Tucker, St. Clair, Jordan, Pinkley
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Mayor of the City of Costa Mesa
ATTEST:
Acting ity Clerk of the City ofsta Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA }
I,ILEN�lxC���rn�f the City of Costa Mesa, do hereby
certify the foregoing is a full, true, and correct copy of a resolution
adopted by the said City 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 in the office of the said City Council.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the Seal of the City of Costa Mesa thisl6th day of`�'' , 1970.
Acting City Clerk and ex -officio CleR& of the
City Council of the City of eosta Mesa