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RESOLUTION NO. 4025
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA AUTHORIZING LYMAN H. COZAD,
CATHERINE Ao MURPHY, ROBERT So SEARES,
LAURENCE Jo WAY AND CHESTER No HOWARD TO
SIGN FOR AND ACCEPT SURPLUS FEDERAL PROPERTY
FOR PURPOSES OF CIVIL DEFENSE AND DISASTER,
AND RESCINDING RESOLUTIONS NO. 3911 AND 3912.
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 Surplus Property, in connection with the acquisition of
such property; and
WHEREAS, the City of Arcadia desires to establish its eli-
gibility for such property;
IT IS, THEREFORE, certified that:
I. The City of Arcadia 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 re-
search for any such purpose; is required for its own use to fill an
existing need; and is not being acquired for any other use or pur-
pose, 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.
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THE DONEE HEREBY AGREES TO THE FOLLOWING TERMS AND
CONDITIONS:
I. TERMS AND CONDITIONS APPLICABLE TO ALL PROPERTY, REGARDLESS OF
ACQUISITION COSTS, 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 condi-
tions 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 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 government (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:
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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 conditions provided in the DHEW Conditional Trans-
fer 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 other-
wise disposed of without the specific, prior, written ap-
proval of the Regional Director of OCD or the California
Disaster Office.
D. If, during the period of restriction, the 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 di-
rected 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 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
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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 of the
City of Arcadia that:
Lyman H. Cozad, City Manager
Director of Civil Defense
Catherine A. Murphy, City Treasurer
Assistant Director of Civil Defense
Laurence J. Way,
Fire Chief
Deputy Director of Civil Defense
Robert S. Seares,
Chief of Police
Deputy Director of Civil Defense
Chester N. Howard,
Director of Public Works
Deputy Director of Civil Defense
shall be and each hereby is authorized as the representative of the
City of Arcadia to sign for and accept surplus Federal property, re-
gardless of acquisition cost, in accordance with the conditions im-
posed by the above agencies; and
IT IS FURTHER RESOLVED that this resolution of authoriza-
tion shall remain in full force and effect until superseded or re-
scinded by resolution of this Council transmitted in triplicate to
the California Disaster Office; and
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IT IS FURTHER RESOLVED that the Clerk of this Council is
hereby authorized and directed to send three certified copies of
this resolution to the California Disaster Office, for filing with
the Disaster Office and with the State Department of Education.
I HEREBY CERTIFY that the foregoing resolution was adopted
at a regular meeting of the City Council of the City of Arcadia held
on the 6th
day of August
, 1968, by the affirmative vote of
at least three Councilmen, to wit:
AYES:
Councilmen Arth, Butterworth, Considine, Helms
and Hage
NOES: None
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ABSENT: None
~~~~
City Clerk of the City of Arcadia
SIGNED AND APPROVED this 6th
day of Augus t
, 1968.
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cadia
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