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RESOLUTION NO. 7 4-49
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UKIAH APPLYING FOR CERTIFICATION OF ELIGIBILITY
TO DECLARE 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 Defense Civil Preparedness
Agency, Region Seven, 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 Ukiah desires to establish its eligibility for such
property;
IT IS, THEREFORE, certified that:
I. It is an emergency services 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 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 or purpose, for use outside of the State, or for saleo
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 EMERGENCY SERVICE PURPOSES:
A. Property acquired by the donee shall be on an "as is" "where
is" basis, without warranty of any kind.
Bo There will also be applicable such other terms and conditions
as are contained in the regulations of the Office of Civil Defense, Office of
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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 condition and
stored, or installed or utilized only as necessary to achieve a state of opera-
tional readiness as required by the emergency service mission assigned to the
donee in accordance with the emergency operational plans of the State and,
where applicable, local government (which are in consonance with national
emergency objectives, as now or hereafter amended).
B. Except as otherwise expressly provided herein below and unless
and until expressly waived in writing by the Regional Director of the Defense
Civil Preparedness Agency, 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:
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 market value
of $25.00 or more, but less than $2500 government acquisition cost, for which
a one-year period of State restriction shall apply.
3. Terms and conditions applicable to aircraft and to vessels
measuring 50 feet or more in length are specific exceptions 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 Welfare.
Co 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
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Defense Civil Preparedness Agency or the Director of the Office of Emergency
Services.
Do 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 Services 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 the
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
disposal or improper use, the donee, at the option of the Defense Civil Pre-
paredness Agency, shall be liable to the United States of America for 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 Pre-
paredness 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 de-
rived from such action, the donee shall, at the option of the Defense Civil
Preparedness Agency, also be liable for and promptly remit the difference be-
tween such proceeds and such value, as determined by the Defense Civil Pre-
paredness Agency. The remedies provided in this paragraph (E) of this section
are in addition to administrative compliance measures, and all civil remedies
and criminal penalties provided by law.
NOW, THERE~..~E, IT IS RESOLVED by the City,Council~of said, City that-
A. Swayj~e~ City er Gl~np~Cordis, Assistant Purchasing Agent
,~'~i~anfie ~ctor;are hereby designated as the authorized repre-
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AYES ·
sentatives' of said City to sign for and accept surplus Federal property, re-
gardless 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 3rd day of April , 1974, by the
City Council of the City of Ukiah, State of California, by the following roll
call vote:
Councilmen Weinkauf, Norgard, Wood, Simpson, Mayor Pearson
NOES: None
None
ABSENT:
Mayor
ATTEST:
City Clerk
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