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RESOLUTION NO. 161
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF -ROLLING HILLS, CALIFORNIA, AUTHORIZING.
DIRECTOR OF CIVIL,DEFENSE TO SIGN FOR AND
ACCEPT SURPLUS FEDERAL PROPERTY
'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 o�f•:RolingHllsa California,
desires to establish its eligibility dor such.property;
IT IS, THEREFORE, certified that: _
I. It is a civil 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 anexisting 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, REGARD-
LESS OF ACQUISITION COST, DONATED FOR CIVIL DEFENSE
PURPOSES:
A. Property acquired by' -the donee shall be ori 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 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
3. Aircraft (FSC Group 15), for which the special
terms and conditions provided in the,DHEW
Conditional Transfer Document (Aircraft) cover-
ing the transfer shall apply.
C. Reserve stock storage and installation of equipment
for -operational readiness shall, in,addition to meet-
ing 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, encum-
bered, or otherwise disposed of without the specific,
-prior, written approval of the Director'OCDM.
E. 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
not=i.fy 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. t -
in good operational condition and stored, or installed
or_utilized'only as necessary:to achieve a state of
operatio_nal_readiness.as required by 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 De.fens-e
Mobilization, as'now or hereafter amended). Opera-
tional 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 opera-
tional plans of the State.
B. Except as otherwise expressly provided hereinbelow
and unless and until expressly waived in writing'by
the -'Directtor ' 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 subsection., The specific
�g
exceptions are as follows:
rr
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),
Construction, Mining, Excavating and Highway
'Maintenance Equipment (FSC Group 38), Fire -
''fighting and Rescue'Equipment (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 15), for which the special
terms and conditions provided in the,DHEW
Conditional Transfer Document (Aircraft) cover-
ing the transfer shall apply.
C. Reserve stock storage and installation of equipment
for -operational readiness shall, in,addition to meet-
ing 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, encum-
bered, or otherwise disposed of without the specific,
-prior, written approval of the Director'OCDM.
E. 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
not=i.fy 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. t -
F. 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,.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,,,.a.t the option
of the Director of OCDM, shall be liable to the
United .S.tate.s for. all. 'damages. Where the:property
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 rentah value- of. the property
at the time of such disposal, or improper us.e, at
the option of and as determined by the Director of
OCDM.
NOW, THEREFORE., IT -IS RESOLVED by the -City Council
gfosaa dcCityl�thafso� of- C:i Ey the
Phyllis. Stockdale, Director of Civil Defense
?� D.—C) n
shall be and is hereby authorized as the 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; and
IT IS 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 Califprnia.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 Departmentof Education.
PASSED AND ADOPTED THIS 10th day of June, 1963,
by the City Council of the City of Rolling Hills, State of
California, by the following vote:
AYES: Councilmen Goodman, O'Flaherty, Tourtelot, Van
Note and Mayor Amberg
NOES: None
ABSENT: None
ATTEST:
6city Clerk
A P OVED AS TO FORM:
City Attorn
Mayor of the City of Rolling Hills
i
1
I-
1
STATE OF CALIFORNIA'�y
ss
COUNTY OF LOS ANGELES )
I, PHYLLIS STOCKDALE, City Clerk of -the City of
Rolling Hills, do hereby certify that the foregoing Reso-
lution being Resolution No. 161 was passed and adopted by
the City C.ouncil'of the City of Rolling Hills, California,
signed by the Mayor of said City and attested by.:the City
Clerk;. -all a regular meeting there -of held on the tenth
day of June, 1963, and that the same was passed and adopted
by the= following vote, -to wit:'
AYES: Councilmen Goodman, O'Flaherty, Van Note,
Tourtelot and Mayor Amberg'
NOES: None
ABSENT: None
City Clerk
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