HomeMy WebLinkAboutReso 4490-1966RESOLUTION NO. 4490
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION CONCERNING COMBINATION OF
SURPLUS PROPERTY OVER AND UNDER $2500
WHEREAS, by Public Law 655, 84th Congress (7Oth 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, Edu-
cation 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 South San Francisco desires to
establish its eligibility for such property;
NOW, THEREFORE, IT IS CERTIFIED that:
1. It is a civil defense organization designated pur-
suant to State law, within the meaning of the Federal Proper-
ty and Administrative Services Act of 1949, as amended, and
the regulations of the Department of Health, Education and
Welfare.
2. Property requested by this document is usable and
necessary in the State for civil defense purposes, including
research for any such purpose; it is required for its own
use to fill an existing need; and it is not being acquired
for any other use or purpose, for use outside the State, or
for sale.
3. 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:
1. 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.
2. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO
PROPERTY HAVING A SINGLE ITEM ACQUISITION COST OF
$2,500 OR MORE DONATED FOR CIVIL DEFENSE PURPOSES:
a. Ail 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 a neces-
sary means 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
are~in consonance with national civil defense
objectives, as now or hereafter amended).
b. Except as otherwise expressly provided here-
inbelow and unless and until expressly waived in
writing by the Regional Director of the Office
of Civil Defens? (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 spe-
cific exceptions are as follows:
Motor vehicles, Federal Supply Classi-
fication (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.
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(3)
Aircraft ~SC Group 15), for which
the special terms and conditions pro-
vided in the DHEW Conditional Trans-
fer Document (Aircraft) covering the
transfer shall apply.
c. During the period of restriction, the pro-
perty 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, pro-
perty 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) retransfer the property
to such department or agency of the United States
of America or such other donee as may be desig-
nated, or (2) sell the property at a public place.
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 addi-
tion, where there has been an unauthorized dis-
posal or improper use of any kind, 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.
NO~, THEREFORE, BE IT RESOLVED by the City Council of
ty at~ ~~..~ /~_~z~- ~ ~.. ~~$4~
/I Eugene\Aiello an~ / James P.'Sargen/
D'~ctor o2 Civil Defense and / Assistant Directo~ o~
// Disaster ( Civil Defense and
~ ~' Disaster
shall be and are hereby authorized as the representativ~ of
said City to sign for and accept surplus Federal property,
regardless of acquisition cost, in accordance with the con-
ditions imposed by the above agencies; and
IT IS FURTHER RESOLVED that this resolution of
authorization shall remain in full force and effect un-
til superseded and rescinded by resolution of this Coun-
cil, transmitted in duplicate to the California Disaster
Office, and
IT IS FURTHER RESOLVED that the City Clerk of said
City is hereby authorized and directed to send two (2)
certified copies of this resolution to the California Di-
saster Office for filing with said Disaster Office and with
the State Department of Education.
Passed and adopted this 20th day of June
19 66 , by the City Council of the City of South San Fran-
cisco, State of California, by the following vote:
AYES, COUNCILMEN Frank J. Bertucelli, Patrick E. Ahem, Emilio
Cortesi, Andrew Rocca and Guido J. Rozzi
NOES, " None
ABSENT, " None
I, Arthur A. Rodondi, City Clerk of the City of South
San Francisco, California, do hereby certify the foregoing
is a full, true and correct copy of a resolution adopted by
the said Council at a reqular meeting thereof
held at its regular place of meeting at the time and by the
vote above stated, which resolution is on file in the office
of the said Council.
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