HomeMy Public PortalAbout69-037CITY OF CARSON
RESOLUTION NO. 69-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON
RELATIVE TO COMBINATION OF SURPLUS PROPERTY OVER AND
UNDER $2500
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 Carson 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 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:
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 $2500 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 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) .
Res. No. 69-37/1.2 Of, -13-
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:
Motor Vehicles, Federal Supply Classification (FSC) Group 23
--for which atwo 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) 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 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 and as determined by the Regional
Director of OCD.
NOW, THEREFORE, IT IS RESOLVED by the City Council of said City that:
John L. Junk, Chairman, Civil Defense and Disaster Council and
E. Fredrick Bien, Director of the Civil Defense and Disaster Council
shall be and each is hereby authorized as the representative 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
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
Res. No. 69-37/P.3.of 3
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 Education.
PASSED, APPROVED and ADOPTED this 21st day of April, 1969, by the City Council
of the City of Carson, State of California, by the following vote:
AYES: COUNCILMEN: Yamamoto, Smith, Marbut, Clark
and Junk.
NOES: COUNCILMEN: None.
ABSENT: COUNCILMEN: None.
MAYO
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, MARILYN R. CORTINA, City Clerk of the City of Carson, California, do hereby certify
that the whole number of members of the City Council of said City is five; that the foregoing
resolution, being Resolution No. 69-37, was duly and regularly adopted by the City Council
of said City at a regular meeting of said Council, duly and regularly held on the 21st day of
April, 1969, and that the same was so passed and adopted by the following vote:
AYES: COUNCILMEN: Yamamoto, Smith, Marbut, Clark
and Junk.
NOES: COUNCILMEN: None.
ABSENT: COUNCILMEN: None.
CITY -CLERK, ity of Carson, California.