Resolution No. 3011
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RESOLUTION NO. 3011
COMBINATION OF' SURPLUS PROPERTY OVER AND UNDER
3 $2500.00
4 WffEREAS, by Public Law 655, 84th Congress (70th Stat. 493),
5 the Federal Government has authorized the donation of surplus
6 Federal property for civil defense purposes; and
7 WHEREAS, Certain conditions are imposed by the Office of
8 Civil Defense, Region 7, the Department of Health Education and
9 Welfare, the California Disaster Office, and the State. Educational
10 Agency for Surplus Property, in connection with the acquisition
11 of such property;and
12 WHEREAS, the City of Vernon desires to establish its
13 eligibility for such property:
14 IT IS, THEREFORE, certified that:
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I. It is a civil defense organization designated pursuant
16 to State law, within the meaning of the Federal Property and
17 Administrative Services Act of 1949, as amended, and the regula-
18 tions of the Department of Health, Education and Welfare.
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II. Property requested by this document is usable and
20 necessary in the State for civil defense purposes, including
21 research for any such purpose; is required for its own use to
22 fill an existing need; and is not being acquired for any other
23 use or purpose, for use outside the State, or for sale.
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III. Funds are available to pay the costs of care and
25 handling incident to donation, including packing, preparation for
26 shipping, loading,~nd transporting such property.
27 THE DONEE HEREBY AGREES TO THE FOLLOWING TERMS AND CONDITION
28 1. TERMS AND CONDITIONS APPLICABLE TO ALL PROPERTY, REGARDLESS
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OF ACQUISITION COST, DONATED FOR CIVIL DEFENSE PURPOSES:
A. Property acquired by the donee shall be on an "as is",
Itwhere istt 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
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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.
ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO PROPERTY
HAVING A SINGLE ITEM ACQUISITION COST OF $2,500 OR MORE
DONATED FOR CIVIL DEFENSE PURPOSES:
A. 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 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 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
or more shall be four years from date of donation.
The specific exceptions are as follows:
1. Moto.r Vehicles, Federal Supply Classification (FSC)
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 Con-
ditional 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 done.e shall promptly
notify the OCD through the california Disaster Office
and shall, as directed by the OCD, either (1) re-
transfer the property to such department 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
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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 impro-
perly 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 and as determined by the
Regional Director of OCD.
8 NOW, THEREFORE, IT IS RESOLVED by the City Council of said
9 City that:
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R. J. Furlong, Director of
Civil Defense
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· S1gna ure
X.J. padilla, Assistant
14 Director of Civil Defense
15 shall be and is hereby authorized as the representative of said
16 City to sign for and accept surplus Federal property, regardless
17 of acquisition cost, in accordance with the conditions imposed
18 by the above agencies; and
19 IT IS FURTHER RESOLVED that this resolution of authorization
20 shall remain in full force and effect until superseded or res-
21 cinded by resolution of this Council transmitted in duplicate
22 to the California Disaster Office; and
23 IT IS FURTHER RESOLVED that the /Clerk of this Council is
24 hereby authorized and directed to send two (2) certified copies
25 of this resolution to the California Disaster Office, for filing
26 with said Disaster Office and with the St~te Department of
27 Education.
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PASSED and ADOPTED this 6th day of May, 1969, by the City
29 Council of the City of Vernon, State of California, by the
30 following vote:
31 AYES: Anderson, Mailliard, Malburg, Ybarra
NOES: None
32 ABSENT: Furlong
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ATTEST:
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]'. A. Ziemer
8 I, F. A. Zi~er, City Clerk of the City of Vernon, california,
9 do hereby certify the foregoing is a full, true, and correct
10 copy of a resolution adopted by the said Council at a regular
11 meeting thereof held at its regular place of meeting at the time
12 and by the vote above stated, which resolution is on file in the
13 office of the said Council.
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~A.
Ziemer
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