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0201Y RESOLUTION NO. 201 A A:. RES.OLUT ION OF - THE . CITY COUNCIL , OF THE CITY, _ .OF ROLLING HILLS AUTHORIZING THE'CITY--OF ROLLING :HILLS TO SECURE SURPLUS PROPERTY„UNDER PUBLIC:-' LAW 655.. WHEREAS, by Public.Law'655, 84tht.Congress (70th Stat. 493), the Federal Government has authorized.the donation.of, surplus. Fede'ral' property' for...civil defense purposes;, and : WHEREAS) certain conditions arej imposed .by the Office of -Civil Defense, Region 7, the Department of-Hea-lth Education and Welfare, the California. Disaster Office, Wand the State;Educational,Agency for Surplus.Property in connection with the acquisition of such property; and WHEREAS, the: City of .Rolling Hills -desires to estab- lish its eligibility for such property; IT' IS', THEREFORE, certified that,: I'. Itis 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 am” existing need; and'is-not being acquired for any other use or purpose, for use outside the State, nor for sale. III. Funds are available.to pay t6e.costs of care and handling incident to donation, including packing, preparation for shipping, loading, and transporting s-uch property. ,THE. DONEE ( CITY OF ROLLING HILLS,''' HEREBY . AGREES TO THE. FOLLOWING TERMS AND ;CONDITIONS:' I.' TERMS. AND- CONDITIONS APPLICABLE JO 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. 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.. 3 ,0 II. ADDI.,TIONAL: TERMS AND. CONDITIONS APPLICABLE TO PROPERTY HAVING A.SINGLE ITEM_ACQUISITION COST OF,$2,500 OR -.MORE .DONATED.FOR.CIVIL,DEFENSE PURPOSES: A. All ,s,uch..,property shall -be distributed and, during the.per.iod of restriction, be properly maintained. in good operational condition and stored, or in - utilized only as necessary 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 an.s. `of the State, and where applicable, local _government (which are in consonance with national civil defense objectives, a -s now or hereafter . amended)... B.., ., Except_A.s,.,otherwise expressly .provided hereinbelow and unless.and until expressly waived in writing by „ the:Regiona l Director of the Office of Civil Defense, (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 specific exceptions are as follows: e 1. MotcrvNehicles, Federal Supply Classification (FSC) (sup -23 -- for which.'a two-year period of restriction shall apply. 2. Items of property donated having .a unit fair value of $25.00 ormore but less than $2;500, for which a one.year period of State restriction shall app ly ............ . 3. Aircraft (FSC Group 15)), for which the . spec ial.:; terms and conditions.provided in the DREW Condition- al Transfer Document (Aircraft) covering.the transfer shall apply. C. During the period of restriction, the property shall not be sold, traded, leased, loaned, bailed, en- cumbered, 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, property is no -longer suitable, usable, or further needed for the purpose Xor which.acquired, the donee shall promptly notify the OCD through the California. Disaster Office and shall, as directed by the OCD, either: -(:l) re- transfer the property to such department or agency of the United States of America or such other donee as may be designated, or (2) sell the property at a public sale. 1 1 1 CD ts; B y 1 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 addition, where there has been an unauthorized disposal or improper use of any kind, the donee, at the option of the Reg.i6nal 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 impxoper :use or for the f6tir market value or rental valueof the property at the.time of such disposal, or improper -use, at the option of and as determined by the Regional Director of OCD. v NOW, THEREFORE,, IT IS RESOLVED by the City Council of the City of Rolling Hills that Teena Clifton, City Manager and.Clerk (Signature) 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 authori- zation shall remain inr.full force and effect until superseded or resbinded 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 three.(3) certified copies of this resolution to -the California,Disaster Office.,; for filing with said Disaster Office and'State Department of -Education. PASSED AND ADOPTED this .22nd day of November,, 1965; by the City Council of the City of Rolling Hills, State of California, by the following vote: AYES: Councilmen.Fay, Goodman, Van Note and Mayor Tourtelot. NOES: None ABSENT: Councilman Klein .ATTEST: City Clerk Mayor of the City of Rolling H lls STATE OF CALIFORNIA ) ss, COUNTY OF LOS ANGELES ) I, . Teena. C_l.�f ton, ' City Clerk of the City of Rolling Hills,. 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. City Clerk CITY SEAL: -4- 1 1 1