Resolution No. 4216
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1 RESOLUTION NO. 4216
2 COMBINATION OF STJRPLUSPROPERTY OVER AND UNDER $2500
3 WHEREAS, by Public Law 655, 84th Congress (70th Stat. 493),
4 the Federal Government has authorized the donation of surplus Fe-
5 dera1 property for civil defense purposes; and
6 WHEREAS, certain conditions are imposed by the Defense
7 Civil Preparedness Agency, Region Seven, the Department of Health,
8 Education and Welfare, the California Office of Emergency Services,
9 and the State Educational Agency for Surplus Property, in connec-
10 tion with the acquisition of such property; and
11 WHEREAS, the City of Vernon desires to establish its eli-
12 gibility for such property;
13 IT IS, THEREFORE, certified that:
14 I. It is an emergency services organization designated
15 pursuant to State law, within the meaning of the Federal Property
16 and Administrative Services Act of 1949, as amended, and the
17 regulations of the Department of Health, Education and Welfare.
18 II. Property requested by this document is usable and
19 necessary in the State for emergency service purposes, including
20 research for any such purpose; as required for its own use to fill
21 an existing need; and is not being acquired for any other use or
22 purpose, for use outside of the State, or for sale.
23 III. Funds are available to pay the costs of care and
24 handling incident to donation, including packing, preparation for
25 shipping, loading, and transporting such property.
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28 I. TERMS AND CONDITIONS APPLICABLE TO ALL PROPERTY,
29 REGARDLESS OF ACQUISITION COST, DONATED FOR EMERGENCY SERVICE
30 PURPOSES:
31 A. Property acquired by the donee shall be on an
32 Has is" "where is" basis, without warranty of any kind.
THE DONEE HEREBY AGREES TO THE FOLLOWING TERMS
AND CONDITIONS:
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1 B. There will also be applicable such other terms
2 and conditions as are contained in the regulations of the Office
3 of Civil Defense, Offic e of the Secretary of the Army, Part 1802
4 of Chapter XVIII of Title 32 of the Code of Federal Regulations.
5 II. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO
6 PROPERTY HAVING A SINGLE ITEM ACQUISITION COST OF $2500 OR MORE
7 DONATED FOR EMERGENCY SERVICE PURPOSES:
8 A. All such property shall be distributed and,
9 during the period of restriction, be properly maintained in good
10 operational condition and stored, or installed or utilized only as
11 necessary to achieve a state of operational readiness as required
12 by the emergency service mission assigned to the donee in accor-
13 dance with the emergency operational plans of the State and, where
14 applicable, local government (which are in consonance with national
15 emergency objectives, as now or hereafter amended).
16 B. Except as otherwise expressly provided herein
17 below and unless and until expressly waived in writing by the
18 Regional Director of the Defense Civil Preparedness Agency, on a
19 case basis, the period of restriction for all items of property
20 donated having a single item acquisition cost to the Federal Govern
21 ment of $2500 or more shall be four years from the date of donation
22 The specific exceptions are as follows:
23 1. Motor Vehicles, Federal Supply Classifica-
24 tion (FSC) Group 23 for which a two-year period of restriction
25 sha1t"appiy.
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2. Items of property donated having a unit fair
27 market value of $25.00 or more, but less than $2500 government
28 acquisition cost, for which a one-year period of State restriction
29 shall app 1y.
30 3. Terms and conditions applicable to aircraft
31 and to vessels measuring 50 feet or more in length are specific
32 exceptions to all of this section; but the provisions are those
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specified in the appropriate conditional transfer documents in
accordance with regulations of the Department of Health, Education
and Welfare.
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 the Defense Civil Preparedness Agency
or the Director of the Office of Emergency Services.
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 Defense
Civil Preparedness Agency, through the Office of Emergency Service
and shall, as directed by the Defense Civil Preparedness Agency,
retransfer the property to such department or agency of the United
States of America or such other donee as may be designated by tJ:e
Defense Civil Preparedness Agency.
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 shall, at the option of the
Defense Civil Preparedness Agency, revert to the United States of
America. In addition, where there has been an unauthorized dis-
posal or improper use, the donee, at the option of the Defense
Civil Preparedness Agency, shall be liable to the United States of
America far all damages. Where the property is not returned to
possession and ownership of the United States of America or where
property has been improperly used, the donee shall be liable to
the United States of America and all proceeds shall be deemed to
have been received and held in trust for the United States of
America and the donee shall promptly remit the same to the Defense
Civil Preparedness Agency. When the fair market value or rental
value of the property at the time of such disposal or improper use
is greater than the proceeds derived from such action, the donee
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1 shall, at the option of the Defense Civil Preparedness Agency,
2 also be liable for and promptly remit the difference between such
3 proceeds and such value, as determined by the Defense Civil pre-
4 paredness Agency. The remedies provided in this paragraph (E) of
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this section are in addition to administrative compliance measures
and all civil remedies and criminal penalties provided by law.
NOW, THEREFORE IT IS RESOLVED by the City Council of said
8 City that:
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(signature)
LEONIS C. MALBURGs Director
of Civil Defense
and
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x. J. PADILLAs Assistant
Director of Civil Defense
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are hereby designated as the authorized representatives of said
City to sign for and accept surplus Federal property, regardless
of acquisition cost, in accordance with the conditions imposed by
the above agencies; and be it
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 Office of Emergency Services; and be it
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 Office of Emergency Services, for
filing with said Office and with the State Department of Education
PASSED AND ADOPTED THIS 19th day of February, 1974, by the
City Council of the City of Vernon, State of California, by the
following vote:
AYES:
NOES:
ABSENT:
ATrEST~. ....~ .. _
Clerk~
I, F. A. ZIEMER, City Clerk 0
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yor
tfle City of V
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1 do hereby certify the foregoing is a full, true and correct copy
2 of a resolution adopted by the said Council at a regular meeting
3 thereof held at its regular place of meeting at the time and by
4 the vote above stated, which resolution is on file in the office
5 of said Council.
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CITY COUNCIL
ROBERT J FURLONG. MAYOR
GENEVIEVE H, ANDERSON
CHARLES H, MAILLlARO
THOMAS A, YBARRA
LEONIS C MALBURG
Tl!:l EPHONla
CiTY CLIRK .
POLICE OEPT, .
FIRIt DEPT . .
BUILDING DEPT,
ENG'NEERING OEPT,
HEALTH DEPT,. .
!583.1666
!587813!5
!lB3,4821
!583,ll\66
1583-115156
!563.1666
CITY HALL
4308 ....NTA 1'& AVENUE
VERNON. CALIFORNIA 900:58
O"IC&ItS
F. A, ZIEMER, CITY CUlRK
L. R, BURCH, CITY T1'ItAaURER
C. H, McGOVERN, CiTY ATTORNEY
ARTHUR E, NELSON, JR, CITY ENGINEER
D D, GRAYSON, TftA~FIC ENOINEER
R. H, KING, SUPT" WATTR a SEWER 5Y5TLM..
OR C, E, NEMETHI, HEALTH OFFICER
VINCENT R, BUSH, BUILDING OFFICIAL
LESTER C. HUSTED, FIRE CH..,.
R, H, BOCKHACKER, POLicE CHlltI'
IN REPLY REFER TO:
February 21, 1974
Mr. Maurice F. Pratt
Area "E" of Los Angeles County
12700 Norwalk Boulevard
Norwalk, California 90652
Dear Morie:
Enclosed are four copies each of City of Vernon
Civil Defense Resolutions No.s. 4215 and 4216 passed
and approved by City Council February 19, 1974.
These Resolutions supersede our Resolutions No. 3010,
3012 and 3011 respectively.
All signatures are original as requested.
Thank you for your help.
S,~e;~y~
t:. ~'~i~~Assistant
Civil Defense Director
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