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..
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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:
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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.
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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.
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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:
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