CC RESOLUTION 2147RESOLUTION NO. 2147
COMBINATION OF SURPLUS PROPERTY OVER AND UNDER $2500
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 Defense, Region 7, the Department of Health Education and Welfare,
the California Disaster Office, and the State Educational Agency for Sur-
plus Property, in connection with the acquisition of such property; and
WHEREAS, the City of E1 Segundo, California, desires to
establish its eligibility for 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 pur-
pose; is required for its own use to fill an existing need; and is not being
acquired for any other use or purpose, for use outside the State, or for
s ale.
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, RE-
GARDLESS 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.
B. There will also be applicable such other terms and conditions as
are contained in the regulations of the Office of Civil Defense,
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Office of the Secretary of the Army, Part 1802 of Chapter XVIII
of Title 32 of the Code of Federal Regulations.
II. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO PROPERTY
HAVING A SINGLE ITEM ACQUISITION COST OF $2,500 OR MORE
DONATED FOR CIVIL DEFENSE 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 civil defense
mission assigned to the donee in accordance with the civil defense
operational plans of the State and, where applicable, local govern-
ment (which are in consonance with national civil defense objectives,
as now or hereafter amended).
B. Except as otherwise expressly provided hereinbelow and unless
and until expressly waived in writing by the Regional 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:
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 value of $25. 00 or
more but less than $2, 500, for which a one year period of State
restriction shall apply.
3. Aircraft (FSC Group 15), for which the special terms and con-
ditions provided in the DHEW Conditional Transfer Document
(Aircraft) covering the transfer shall apply.
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 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 for which acquired, the
donee shall promptly notify the OCD through the California Disaster
Office and shall, as directed by the OCD, either: (1) 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.
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 Regional 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 improper use or for the fair market value or
rental value of the property at the time of such disposal, or improper
use, at the option of and as determined by the Regional Director of
OCD.
NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL
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OF THE CITY OF EL SEGUNDO, CALIFORNIA, that:
ors, irec or o v:
i
William 1. J oulter, Assistant Director o' Civil a ense
shall be and are hereby authorized as the representatives 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 resolu-
tion of this Council transmitted in duplicate to the California Disaster Office;
_ I •
IT IS FURTHER RESOLVED that the Clerk of this Council is
hereby authorized and directed to send two (2) certified copies of this resolu-
tion to the California Disaster Office, for filing with said Disaster Office and
with the State Department of Education.
PASSED and ADOPTED this 13th day of December, 1965, by the
City Council of the City of El Segundo, California, by the following vote:
AYES: Frederick, Kimport, Nagel and Mayor McGill;
NOES: None;
ABSENT: McElhaney.
d . ,--I fA 4-�
ATTEST% Mayor of e City of egun o, Calif6rnia.
4 ---- ]�K 64a:g�.
'City Clert
(SEAL)
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STATE OF CALIFORNIA, )
COUNTY OF LOS ANGELES, ) SS
CITY OF EL SEGUNDO )
I, EUNICE U. CREASON, City Clerk of the
City of E1 Segundo, California, DO HEREBY CERTIFY that the
whole number of members of the City Council of the said City
is five; that the foregoing Resolution, being Resolution No. 2147
was duly passed and adopted by the said City Council, approved
and signed by the Mayor of said City, and attested by the City
Clerk of said City, all at a regular meeting of the said Council
held on the 13th day of December , 196 5 ,
and that the same was so passed and adopted by the following vote:
AYES: Councilmen Frederick, Kimport, Nagel and
NOES: Councilmen None;
ABSENT: Councilman McElhaney
WITNESS my hand and the official seal of said City
this 14th day of December , 196 5
'I xp-e
it lerk of the City o egun o
California
(SEAL)