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HomeMy Public PortalAbout72-060 (05-16-72)~e ..• f~ RESOLUTION NO. 72-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD PROVIDING FOR THE AUTHORIZATION TO ACQUIRE SURPLUS FEDERAL PROPERTY FOR CIVIL DEFENSE PURPOSES 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 Office. of Emergency Services, and the State Educational Agency for Surplus Property, in connection with the acquisition of such property; and WHEREAS, the City of Lynwood desires to establish its eligi- bility for such. property; IT IS, THEREFORE, certified that: I. It is an emergency services 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. II. Property requested by this document is usable and necessary in .the State for emergency service purposes, including research for any such purpose; as required for its own use to fill an existing need; and. is not being acquired for any other use of purpose, for use outside of the State, or fcir 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: '' I. TERMS AND CONDITIONS APPLICABLE TO ALL PROPERTY, REGARDLESS OF ACQUISITION COST, DONATED FOR EMERGENCY SERVICE 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 EMERGENCY SERVICE PURPOSES: A. All such property shall be distributed and, during the period of restriction, be properly maintained in good. operational condi- tion and stored, or installed or utilized. only as necessary to achieve a state: of operational readiness as required by the emergency service mission assigned to the donee in accordance with the emergency opera- tional plans of the State and, where applicable, local government (which are in consonance with national emergency objectives, as now or here- after. amended). B. Except as. otherwise expressly provided herein. below and unless and uhtil expressly waived in writing by the Regional Director of the Office of Civil Defense, 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 $2500 or more shall be four years from the date: of donation. The specific exceptions are as follows: -2- 1. 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 market value of $25. 00 or more, but less than $2500 government acquis- tion cost, for which aone-year period of State restriction shall apply. 3. Terms .and conditions applicable to aircraft and to vessels measuring 50 feet or more zn length are specific exce~- tions to all of this section; but the provisions are those specified in the appropriate conditional transfer documents in accordance with regulations. of the Department of Health, Education and Wel fare. 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 Office of Civil Defense 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 Office of Civil Defense through the Office: of Emergency Services and shall, as directed. by the Office: of Civil Defense, retransfer the property to such departrxient or agency of the United States of America. or such other donee as m.ay be designated by the Office. of Civil Defense. E. Tn the event any of the terms and conditions set forth in this section are breached, all right9 .title, and interest in tike prop- erty involved shall, at the: option, of the Office of Civil Defense, revert to the United. States of: America. In addition, where there has been an .unauthorized disposal or improper use, the donee, at the option. of the -3- Office of Civil Defense, shall be liable to the United States. of America for all damages. Where, the property is not returned to possession and owner- ship of the United States of Amercia or where property has been. improperly used, the donee shall be liablo 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 Office of Civil Defense. 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 shall, at the option. of the Office of Civil Defense, also be liable for and. promptly remit the difference between such proceeds and. such value, as determined by the Office• of Civil. Defense, The remedies provided. in this. paragraph (E) of this section are inaddtion 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 City that: Ronald Prince (Name ty Manager Official Tit (s (Manual Signature (s 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 FUF{,THER 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 C?ffice o£ . 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 -4- ._ ~ to the California Office of Emergency Services, for filing with said Office and with the State Department of Education. PASSED, APPROVED AND ADOPTED .this 16tnday of ;May 19 72 by the City CouMCil of the City of Lynwood,. State, of California. _--,.1 s' ~/~ Je r .tom ~..~~ _._ .. ~.. .~....~. MA OF THE CIT ~OF LYNWOQD - ATTEST: ` ~~~ CITY CLERK OF THE CIT OF LYNWOOD~ .. STATE- OF .CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution,... w;as duly_ adopted by_ the .City Council of, said_ ;_ city at a ~ regular meeting thereof held in the.Gity Hall.~of.said city on the 16th day of May. ~ 19 7~ , and-passed by the following vote: AYES: COUNCILMEN Byork, Li-ewer, Morris, Rowe, Stevens. _ ; NOES: COUNCILMEN None. ABSENT: COUNCILMEN None. r ,,/CITY CLERK, CITY OF YNWOOD ~ -- --