HomeMy WebLinkAboutResolution No. 1449 2224
RESOLUTION NO../,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AUTHORIZING CERTAIN CITY EMPLOYEES TO SIGN FOR AND ACCEPT
A COMBINATION OF SURPLUS PROPERTY OVER AND UNDER $2500
AND RESCINDING RESOLUTION #1324
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 Downey 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 Services Act
of 1949, as amended, and the regulations of the Department of Health,
Education and Welfare.
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 awn 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 trans-
,—., porting such property.
THE DONEE HEREBY AGREES TO THE FOLLOWING TERMS AND CONDITIONS:
I. 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 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 nec-
essary to achieve a state of operational readiness as required
by the civil defense mission assigned to the donee in accord-
ance with the civil defense operational plans of the State and,
r-ft 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
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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. Motor 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 con-
ditions 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 suit-
able, 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) 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 pro -
perty 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
11 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 Regional Director of OCD.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS
FOLLOWS:
SECTION 1. That:
DON ROBISON, Deputy Director of Civil Defense
A. C. GABRIEL, Director of Finance
LEE LEAVITT, City Engineer
17f.e.1 : /
Si nat /
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S i gna ture / -.
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Signature
shall be and are hereby authorized as the 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.
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SECTION 2. 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.
SECTION 3. 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 Education.
r .
APPROVED AND ADOPTED this ' day of ,z_ , 1964.
.
1
Mayor
ATTEST:
City Clerk
I, DELLA DOYLE, City Clerk of the City Council of the City of Downey,
State of California, do hereby certify the foregoing is a full, true, and
correct copy of a resolution adopted _b h said City Council
py by the y at a regular
meeting thereof held at its regular place of meeting on the day of
, 1964, by the following vote, which resolution is on
file in the office of the City Clerk.
AYES: .._' Councilmen: ;... - -Le7r;,-.7! ;.;
NOES: Councilmen:
ABSENT: Councilmen: 7. 7C ��...
City Clerk/