CC RES 1974-081 RESOLUTION Nn. 74-81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES AUTHORIZING A REPRESENTA-
TIVE OF SAID CITY TO SIGN FOR AND ACCEPT SURPLUS
FEDERAL PROPERTY, REGARDLESS OF ACQUISITION
COST, IN ACCORDANCE WITH THE CONDITIONS IMPOSED
BY VARIOUS FEDERAL AGENCIES
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY
FIND., RESOLVE AND DECLARE AS FOLLOWS: .
Section 1. By Public Law 655 , 84th Congress (70th Stat.
493) , the Federal Government has authorized the donation of surplus
Federal property for civil defense purposes .
Section 2. Certain conditions are imposed by the Defense
Civil Preparedness Agency, 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.
Section 3. The City of Rancho Palos Verdes desires to -
establish its eligibility for such property.
Section 4. The City Council of the City of Rancho Palos
Verdes certifies that : .
I . It is an emergency service organization designated
• pursuant to State law, within the meaning of the Federal Property
and Administrative Services Act of 1949 , as amended, and the re-
gulations 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 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.
Section 5 . The City Council of the City of Rancho Palos
Verdes 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 Defense Civil
Preparedness Agency, Office of the Secretary of the Army, Part 1802 .
of Chapter XVIII of Title 32 of the Code of Federal Regulations.
Resolution No. 74-81.
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II . ADD I T I ONAL 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 operational 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 or $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 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.
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 Defense Civil Preparedness Agency or the Director of the
Office of Emergency Services .
D. If, during the period of restriction, ro ert. is
P P Y
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, retrans f er 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 Preparedness
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
I;siproperly used, the donee shall be liable to the United States of
Ame:ica and all proceeds shall be deemed to have been received and
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held in trust for the United States of America and the donee
shall promptly remit the same to the Defense Civil Preparedness
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 derived from such action, the donee shall, at the
option of the Defense Civil Preparedness Agency, also be liable
for and properly remit the difference between such proceeds and
such value, as determined by the Defense Civil Preparedness 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.
Section 6.
LEONARD C . WOOD, City Manager
is hereby designated as the authorized 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 .
Section 7. 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.
_-. Section 8 . 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, APPROVED AND ADOPTED this 3rd da y of September ,
1974.
AYES: Buerk, Dyda, Ruth, M. Ryan
NOES : None .
ABSENT: R. Ryan
MAYOR
ATTEST: •
•
C TY CLERK
Resolution No. 74-81
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