1963/03/04 City Council Resolution 61RESOLUTION Gf
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 AND DEFENSE MOBILIZATION, 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 ROHNERT PARK DESIRES TO ESTABLISH
ITS ELIGIBILITY FOR SUCH PROPERTY;
IT,IS, THEREFORE, CERTIFIED THAT:
I. IT IS A UIVIL 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:
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",)
tIWHERE IS It BASIS, WITHOUT WARRANTY OF ANY KIND.
B. THERE WILL ALSO BE APPLICABLE SUCH OTHER TERMS AND CON-
DITIONS AS ARE CONTAINED IN THE REGULATIONS OF THE OFFICE
OF CIVIL AND DEFENSE MOBILIZATION, TITLE 32, CODE OF
FEDERAL REGULATIONS, SUBTITLE C, PART 1702, AS IN EFFECT
ON THE DATE HEREOF.
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 CONDITION AND STORED, OR INSTALLED OR
UTILIZED ONLY AS NECESSARY TO ACHIEVE A STATE OF OPER-
ATIONAL 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 SHALL BE CONSISTENT
WITH THE NATIONAL PLAN FOR CIVIL DEFENSE AND DEFENSE
MOBILIZATION, AS NOW OR HEREAFTER AMENDED). OPERATIONAL
READINESS SHALL INCLUDE NECESSARY USE IN TRAINING UNDER
A CIVIL DEFENSE TRAINING PROGRAM APPROVED BY THE STATE
CIVIL DEFENSE DIRECTOR AS BEING IN ACCORDANCE WITH THE
CIVIL DEFENSE OPERATIONAL PLANS OF THE STATE.
B. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREINBELOW AND
UNLESS AND UNTIL EXPRESSLY WAIVED IN WRITING BY THE
DIRECTOR OF THE OFFICE OF CIVIL AND DEFENSE MOBILIZATION
(OCDM), ON A CASE BASIS, THE PERIOD OF RESTRICTION FOR
ALL ITEMS OF PROPERTY DONATED FOR CIVIL DEFENSE PURPOSES
SHALL BE FOUR YEARS FROM THE DATE SUCH PROPERTY IS FIRST
USED OR PUT IN STOCKPILE IN ACCORDANCE WITH THIS SUB-
SECTION. 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. BOATS (FSC GROUP 19), TRACTORS (FSC GROUP 24), CON-
STRUCTION, MINING, EXCAVATING AND HIGHWAY MAINTENANCE
EQUIPMENT (FSC GROUP 38), FIRE- FIGHTING AND RESCUE EQUIP-
MENT (FSC GROUP 42), PREFABRICATED STRUCTURES (FSC GROUP
54), AND GENERATORS (FSC CLASS 6115), FOR ALL OF WHICH
A SIX -YEAR PERIOD SHALL APPLY.
3. AIRCRAFT (FSC GROUP , FOR WHICH THE SPECIAL TERMS AND
CONDITIONS PROVIDED IN THE CONDITIONAL TRANSFER
DOCUMENT (AIRCRAFT) COVERING THE TRANSFER SHALL APPLY.
C. RESERVE STOCK STORAGE AND INSTALLATION OF EQUIPMENT FOR
OPERATIONAL READINESS SHALL, IN ADDITION TO MEETING THE
ABOVE CRITERIA, MEET ALL APPLICABLE CRITERIA ESTABLISHED BY
THE OCDM.
D. 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 DIRECTOR OCDM.
E. IF, DURING THE PERIOD OF RESTRICTION, PROPERTY 1S NO LONGER
SUITABLE, USABLE, OR FURTHER NEEDED FOR THE PURPOSE FOR
WHICH ACQUIRED, THE DONEE SHALL PROMRTLY NOTIFY THE OCDM
THROUGH THE STATE CIVIL DEFENSE DIRECTOR AND SHALL, AS
DIRECTED BY THE OCDM,,EITHER RETRANSFER THE PROPERTY TO SUCH
DEPARTMENT OR AGENCY OF THE UNITED STATES OF AMERICA OR
SUCH OTHER DONEE AS MAY BE DESIGNATED, OR SELL THE PROPERTY
AT A PUBLIC SALE,
F, IN THE EVENT ANY OF THE TERMS AND CONDITIONS SET FORTH IN
THIS SECTION ARE BREACHED, ALL RIGHT, TITLE AND INTEREST
-3-
IN THE PROPERTY INVOLVED, AT THE OPTION OF THE DIRECTOR OF
OCDM, 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
DIRECTOR OF OCDM, 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 DETER-
MINED BY THE DIRECTOR OF OCDM.
NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL OF
SAID CITY THAT:
W I GG INS -- DIRECTOR OF PUBLIC WORKS
NAME AND OFFICIAL TITLE)
f
C
(SIGNATURE)
SHALL BE AND IS HEREBY AUTHORIZED AS THE REPRESENTATIVE OF SAID
CITY TO SIGN FOR AND ACCEPT SURPLUS FEDERAL PROPERTY, REGARD-
LESS OF ACQUISITION COST, IN ACCORDANCE WITH THE CONDITIONS IM-
POSED BY THE ABOVE AGENCIES; AND
IT IS FURTHER RESOLVED THAT THIS RESOLUTION OF AUTHORIZATION
SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL SUPERSEDED OR RES-
CINDED BY RESOLUTION OF THIS COUNCIL TRANSMITTED IN DUPLICATE
TO THE CALIFORNIA DISASTER OFFICE; AND
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.
21
PASSED AND ADOPTED TH I S '`I� DAY OF -) -)�-- -mac ��-" , ao"
BY THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, STATE OF
CALIFORNIA, BY THE FOLLOWING VOTE:
N 0 E $ : •�
ABSENT:
ATTEST:
IIAY0Rt
CITY CLERK OF
THE CITY (COUNTY
;',•- 3�.oii
_
—
CALIFORNIA, DO
HEREBY CERTIFY
THE FOREGOING IS A FULL, TRUE, AND CORRECT COPY OF A RESOLUTION
ADOPTED BY THE SAID COUNCIL AT A REGULAR 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.
CLERK
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