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HomeMy WebLinkAboutCC RESO 8313RESOLUTION _iECC $2500. RESOLUTION NO. 8313 RESOLUTION NO. 8276 AND AUTHOR '_ZING OF COMP - 1ti:`. T i['(N CT SURPLLS PROPERTY OVER AN UNDER LE IT RESOLVED by the Ci ty Council of said City that Resolution No. 8276 of the City of National City is hereby rescinded. BE IT FURTHER RESOLVED that WHEREAS, by Public Law 655, 84th Congress (70th Stat. 493), the riederal Government has authorizer', the donation of surplus Federal Property for Civil Defense purposes; and WHEREAS, the City of National City desires to establish its eligibility for such property: TT IS TPPREF )RE, certified that: I. It is a. Civil Defense organization designated pur- suant to State law, within the meaning of the Federal Property and Administrative Services Act of 1949, as amended, and the regulations of the Department of Health, Education and Welfare. YY. Property requested by this document is usable and necessary in the State for Civil Defense purposes, including re- search for any such purpose; it is required for its own use to fill a: existing need; and is not being acquired for any other use or purpose, for use outside the State, or for sale. 9IY. Funds are available to pay the costs of care and handling incident to donation, including packing, preparation for shipping, loading, and transporting such property. TT-TR r0N,EREBY AGREES T. THE F' LL OW NG TERMS AND CONDITIONS: i - I. TERMS A_ L CONDi'z Y<S;,�it1� ArrLYCAFLE TO ALL PROPERTY, REGARDLESS OF r°.CQUYS I _,_ N COST, DONATED FOR CIVIL CEF-NSE PUSti p, A. Property acquired by the donee shall be on an 'Pas is", "where is" basis, without warranty of any kind. D. There will also be applicable such other terms and con- ditions as are contained in the Regulations of the Office of Civil and Defense Mobilization, Title 32, Code of Federal Regulations, Subtitle C, Part 1702, as in effect -1- oa the date hereof. I.Z. ADDITIONALTERMS A -CONDITIONS Ane ZELE TO PROPERTY \VINE A SINGLE ITEM ACQUISITION COST Or $2500 OR MORE TD)N P. TED FAR CIVIL DEFENSf3 PURPOSES: 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 shall be consistent with the National Plan 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 accord- ance with the Civil Defense operational plans of the State. B. Except as otherwise expressly provided hereinbelow 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 property 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 sub- section. The specific exceptions are as follows: 1. Motor Vehicles, Federal Supply Classification (FSC) Group 23 -- for which a two-year period of re- striction shall apply. 2. Boats (FSC Group 19), Tractors (FSC Group 24, Con- struction_, Mining, Excavating and Highway Maintenance Equipment (FSC Group 38), Fire -fighting and Rescue Equipment (FSC Group 42), Prefabricated Structures (PSC Group 54) , and Generators (PS('' Class 6115) for all of which a six -year period shall apply. 3. Aircraft (FSC Group 15), for which the special terms and con- ditions provided in the DHEW Conditional Transfer Document (Aircraft) covering the transfer shall apply. C. Reserve stock storage and installation of equipment for operational readiness shall, in addition to meeting the above criteria, meet all applicable criteria established the OC �>1. U. During the period of restriction, the property shall not be sold, traded, leased, loaned, bailed, encumbered, or other- wise disposed of without the specific, prior, written approval of the Director OCDM. If, during the period of restriction, property is no longer suitable, usable, or further needed for the purpose for which accuired, the donee shall promptly notify the OCDM through the state Civil Defense director and shall, as directed by the OCT-A, either retransfer the property 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. F. 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 Director of OCDM, 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 Director of OCDM, 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 and as determined by the Director of OCDM. by NO4, T _EREs O4:E, _i IS RESOLVED BY the City Council of Said City that: NAME AND OFFICIAL TITLE CLEO C SBUR.N, Administrative Assistant N. S. Biggs, Director of Public 1Vorks B. J. GALTTBR AUTX, Director of Parks and Housing SIGNATURE whose signatures appear opposite their names and titles, shall be and hereby are authorized as the representatives of said City to sign or arrlaccept surplus Federal property, regardless of acquisition cost, in accordance with the conditions imposed by the above agencies; and IT IS T.JRI BR RESOLVED that this resolution of authoriza- tion 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 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 with the State Department of Educa-:ion. PASSED AN , ADOPTED T :1rc 26 day of February by tha City Council of the City of National City, State of Calif )rnia, by the following vote: AYES: Allen, Colburn, Hart, Morgan, Gautereaux NOES: None ABSENT: None ATT T: MAY( CITY CLERK 1963,