HomeMy WebLinkAboutCC Reso No 1975-23_._ _ v __.
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"~I~1T~ON NO• 75-23._..
COMBINATION OE SURPIAS PROPEFtTY OVER AND UND~ft ~~
V~g, bY public Law 655, 84th Cox~gress (70th Stat. 493), the Federal
Government has authorized the donation of sizxplus Fbderal property for civil
defense pvxposes9 anc~
Wf~EAS, certain conditions are imposed by the Defense Civil Prepax'ed~esg
Agency, Region Seven, the Department of Health, ~ducation and 6Jelfare, the
Cali£ornia Office oY Emergency Services, and,the Sthte Educational Agency for
Sur~lus Property, in oonnection with the acquisition of sucn propertY9 ~
4~i~REAS~ the City (~~ ~£ .
desires to establish its eligibility for such property9
IT IS~ TI' ' RGr certified thats
=o It is an emergency services organization des~~~trativeant
to State laca, vrithin the meaning of th~~FeTe~ia ions of the DePar~ent of Hea].th,
Services Act of 19k9, as amended, asui b
Eaucation and Walfare.
II, Property requested by this document isresearchfor ec~`esgarh
in.the State for emergency service puxposes, includi.ng
puxpose9 as required for its ov,m noget°£or use outs9.d.e ofnthe9~~ate+5°r f°r~sa~e.
acquired for an~~ other use or pus'P
IIT, Ftznds are avail.able to pay the costs of c oe~~'han 1~g~ po~~g
to donation, includ.ing pa~ls~ng~ PreP~'ation for shippi~,
such propert~~.
THE DO a ~ I~REBY AGR~ES TO TSE FOLI.Ou1ING TII?~NS AND CONDIT20NSa
z„ TT*TRMS AND GOI~'DITIONS APPLICABI;~ TO ALL PROPER.TY~ R~~~S
OF ACQUISITION COSTy DONA1'ED FbR' '~"~T'~CY ~' VI'~' ~~OSP'.~Sa
A. Property acqu roe~c~ ~ Y~ i~~sonee shall be on an P°as ls9°
°pwhere is°° basis, without warranty,
g, There cai11 also be applicable such other terms and con@itions
as are contained in the regulations of the Office of Civi7. Defense, Office of tlze
Secretary of the ArmY, Part 1SOZ of Chapter XVIII o~ Title 32 of the Code of
Federa7. Regu7.ations.
IIe ADDITIOVAL TII3MS AND CONDITIONS APPLICl~BLE TO PRAPERTY HAVINCz
A SINGLE ITEM ACQUISITION COST OF $z5~ OR MOR.~ DONATED FOR II~IERGENCY SEftQ=CE
pURPOSE5o
A. All such propertY shall be distributed axuly duri~ the
period of restriction, be properly maintained in good operational condition and
Rev. 11/74
_1_
oDP-159
stored, or installed or utilized only as necessary to aci~i.eve
state of operational readiness as recluired by the emergency service mission
assigned to the donee in accordance with the emergenoy operat~.onal plans of the
State and, where applicable, 1oca1 government (nah~,ch ex~e in consonance with
national emergency objectives, as now or hereafter araended)e
B. Except as otherwise expressly provi.ded here3n below and
unless and until ex~ressly 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
Goverzunent of $25~ or more shall be four years from the date of donation> Bhe
~pecific exceptions are as follows:
1. Motor Vohicles, Federal Supp1J Classification (FSC)
Group 23 - for vahich a t~ro year period of srestriction shall apply.
2. Ttems of proPerty donated having a unit fair market
value of ~250~ or more, but less than ~2500 government acquisition cost, for
which a one-year perioc of State restriction shatl apply.
3a Terms and conditions applicable to sixcraft and to
vessels measuring 50 feet or more in length are specific exceptions to', al1 of
this section~ but the provisions are those specified in the appropriate conditional
transfer documents in accordance with re~ulations of the Department of Health,
Education and ilelfare.
C. Auring the_period of restriction, the property shall not be.
soldr traded, leased, loaned, bailed, encumbered, or otherwise disposed of taithout
the specific prior w^itten ap~roval oY the Regional Director of the Defense Civil
Preparedness Agency or the Director of the Office of r'~r,ergency Services.
D. If, during the period of restriction, property is no longer
suitable, usable, or further needed for the puxpose 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 desi~ated by the Defense Civil Preparednees.
Agency.
E. In the avent any of tIie terms and conditons set £orth in this
section are breached, all ri~ht, title, and interest in the property invnlved 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 doneey at the option of the Defense Givil Preparedness Agency~ shall be
liable to the United States of America for al1 clamages, ldhere the property is not
returned to possession and ownership of the United States of America or whe~'e
property has been improperly used~ the donee shall be liable to the United States
of America an~. all proceeds shall be deemed to have been received and held in
trust for the Unitefl States of America and the donee shaLt promptly remit the same
to the Defense Civil Preparedness P.gencge t~dhen the faix 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 Agenc~:~ also be liable for and promptly remit the difference
ODP~159 -•2- Reve 11/74
between such proceeds and such value, as determined by the Defense Civil Preparedness
Agencya The remedies provided 3xi this paragra~h (E) of this section are in atitdition
to aciministrative compliance measures, and a71 ci.vil remedies and criminal. penalties
provided by lawo
NOi~d, ~~ liE~ IT IS RESOLVLID Uy the City Council ( )
of said City (~) thats
John M. R. Ho e,.Cit Mana er
~a e s and /O/fficial Title s
~ ~ , /% ~l'/ ~ /~
shall Ue and ie hereby au orized as the representative of sai.d City (~ to
sign for and accept s s Fedes~al property, regardless of acquisition cost, 3n
accorclance ti,rith the co itons ~mposed b~* the above agencies9 and
TT IS FURTFD~Z 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 L+lnergency
Servicesg and
pASSED AND ADOPTED THIS 9th day of June , 19,,7,~„~ by the
Gity Council of the Citq (~' of ,~ak •~ ~ or r
State of California, by the follov~ing wtea
AX~Sa Councilmen Cartier, DePasquale, Carter, Perkins, Mayor Chaffin,
NOESa none
ABSL',~]Ts none
ATTEST:
~
~ ~ .~'-~d~~ `~J'~f~~~~ ~ s `
Clerk 3'or ~P~ ~~
_, Florene Marshall , City (~) C1erk of the City (~) of
Lake Elsinore , California, do hereby certify the
foregoixtg is a full' true and correet copy of a resolution adopted by the said
Council (~) at a regular mee-ting thereof held at its regular
place of ineeting at the time and by the vote above stated, which resolution is on
file; in the office of the sai.d Council (~).
~ ~ ~yo / `~~- ~' ~..~_~G o~._.
Clerk
ODP-159 -3- Rev. ].7./74