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RESOLUTION NO. 4502
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA AUTHORIZING LYMAN H. COZAD,
CHARLES W. REIMAN AND HOWARD L. PILAND TO
SIGN FOR AND ACCEPT SURPLUS FEDERAL PROPERTY
FOR PURPOSES OF CIVIL DEFENSE AND DISASTER,
SETTING FORTH CERTAIN CERTIFICATIONS AND
AGREEMENTS RELATING THERETO, AND RESCINDING
RESOLUTION NO. 4025.
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, the City of Arcadia desires to establish its
eligibility for such property;
IT IS, THEREFORE, CERTIFIED THAT:
I. It is an emergency services 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 emergency service purposes, including
research for any such purpose; as required for its own use to fill
an existing need; and is not being acquired for any other use or
purpose, for use outside of 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:
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I. Terms and conditions applicable to all property,
regardless of acquisition cost, donated for emergency service
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, 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 emergency service purposes:
A. All such property shall be distributed and, during
the period of restriction, be properly maintained in good opera-
tional condition and stored, or ,installed or utilized only as
necessary to achieve a state of operational readiness as required
by the emergency service mission assigned to the donee in accordance
with the emergency operational plans of the State and, where
applicable, local government (which are in consonance with
national emergency objectiyes, as now or hereafter amended).
,
B. Except as otherwise expressly provided herein below
and unless and until expressly 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 Government
of $2,500 or more shall be four years from the date of donation.
The specific exceptions are as follows:
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1. Motor Vehicles, Federal Supply Classification (FSC)
Group 23 -- for which a two-year period of restriction shall
apply.
2. Terms and conditions applicable to aircraft and
vessels measuring 50 feet or more in length are specific
exceptions to all of this section; but the provisions are those
specified in the appropriate conditional transfer documents
in accordance with regulations of the Department of Health,
Education and Welfare.
C. Items of property donated having a unit fair market
value of $25 or more, but less than $2,500 government acquisition
cost, for which a one-year period of State restriction shall apply.
D. During the period of restriction, the property shall
not be sold, traded, leased, loaned, bailed, encumbered or other-
wise disposed of without the specific prior written 'approval of
the Regional Director of the Defense Civil Preparedness Agency or
the Director of the Office of Emergency Services.
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 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 designated by the
Defense Civil Preparedness Agency.
F. In the event any of the terms and conditions set
forth in this section are breached, all right, title and interest
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in the property involved 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 donee, at the option of the Defense civil Prepared-
ness Agency, shall be liable to the united States of America for
all damages. Where the property is not returned to possession
and ownership of the United States of America or where property
has been improperly used, the donee shall be liable to the united
States of America and all proceeds shall be deemed to have been
received and held in trust for the United States of America and
the donee shall promptly remit the same to the Defense Civil
Preparedness Agency. When the fair 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 Agency, also be
liable for and promptly remit the difference between such proceeds
and such value, as determined by the Defense Civil Preparedness
Agency. The remedies provided in this paragraph (F) of this
section are in addition to administrative complaince measures,
and all civil remedies and criminal penalties provided by law.
NOW, THEREFORE, IT IS RESOLVED by the City Council of
the City of Arcadia that:
Lyman H. Cozad, Director of Emergency Services,
Howard L. Piland, Assistant Director of Emergency Services, and
Charles W. Reiman, Chief of Supply Service of Emergency Services,
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Qward L. 1 an , Ass1stant
Director of Emergency Services
Services
(;/!rItJoJ 11) aaM
Ch es R. Reiman, Chief of
Supply Service of Emergency
Services
are hereby designated as the authorized 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 be it
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
California Office of Emergency Services; and be it
FURTHER RESOLVED that the City Clerk is hereby authorized
and directed to send two (2) certified copies of this resolution
to the California Office of Emergency Services, for filing with
said Office and with the State Department of Education.
The City Clerk shall certify to the adoption of this
resolution.
I HEREBY CERTIFY that the foregoing resolution was
adopted at a regular meeting of the City Council of the City of
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Arcadia held on the
17th day of
June
, 1975, by the
affirmative vote of at least three Councilmen, to wit:
AYES:
Councilmen Helms, Lauber, Saelid and Scott
NOES:
None
ABSENT:
Councilman
Gilb~2 ~~~
City Clerk of ~ City of Arcadia
SIGNED AND APPROVED this 17th
day of
June
, 1975.
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yorio the City 0 Arcadia
Pro-tern
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City ~
(SEAL)
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