HomeMy WebLinkAboutReso 1966-4263RESOLUTION NO. 4263
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ESTABLISHING THE CITY OF CHULA VISTA AS A CIVIL DEFENSE
ORGANIZATION ELIGIBLE TO F,ECEIVE SURPLUS FEDERAL PROPERTY
AND AUTi~IORIZING THE CHIEF ADMINISTRATIVE OFFICER TO EXECUTE
NECESSARY FORMS FOP. SUCH ACQUISITIONS
The City Council of the City of Chula Vista does hereby
resolve as follows:
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 Chula Vista desires to establish its
eligibility for such property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Chula Vista as follows:
I. The City of Chula Vista is hereby established as 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 th.e 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 an existing
need; and is not being acquired for any other use or purpose, for use
outside the State, or for sale.
III. Funds are available to pay the costs of care and
handling incident to donation, including parking, preparation for
shipping, loading and transporting such property.
THE DONEE HEREBY AGREES ^10 THE FOLLOWING TERMS AND CONDITIONS:
I. TERMS AND CONDITIONS APPLICABLE TO ALL PROPERTY, REGARDLESS OF
ACQUISITION COST, DONATED FOR CIVIL DEFENSE PURPOSES:
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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 con-
ditions as are containec? 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 oper-
ational 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 amendedl.
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 (F5C)
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 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.
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D. If, during the perioc of restriction, property is no
longer suitable, usable, or further needed for the purpose
for which acquired, the ~~onee shall promptly notify the
OCD through the California Disaster Office and shall, as
directed by the OCD, either: (1) retransfer the property
to such department or agency of the United States of America
or such ocher 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, 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.
BE IT FURTHER RESOLVED by the: City Council of the City of
Chula Vista that FRED A. ROSS, Chief Administrative Officer of said
City ( authorized signature '~. ~,~ _, ~ ~ ~ -': ~' T 1 )
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be, and he 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.
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
Disaster Office.
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p, ~;' ~ ~
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula Vista be, and he is hereby authorized and directed to send-two
(2) certified copies of this resolution to the California Disaster
Office, for filing with said Disaster Office and with the State
Department of Education.
Presented by
~?l
Fred A. Ross, Chief~Adminis'`trative
Officer
ApproJve~d as to form by
~~~y/
George D, in ber ity Atto y
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ADOF~ED A.~'D APPROVF;D by t_h CITY COUNCIL of the CITY OF CH[JIA VISTh,
CALIFORNIA, Iris _ 6th day of ~__ December ~~~ ~g66 , by the rollo:aing emote,
to-wits
AYES;; Councilmen _ Sparling, Anderson, _5ylvester,_McCorquodale
NAYES ~ Coiznci lmer. None
ABSENT ~ C orinc i lme;~ McAllister
_ %
~ ~~ ~~ ~
Mayor:/of the Ci off Chula Vista
pro tem
v
ATTEST _ _ .,`,,~ u~
,_ City Clerk
STATE OF CALIFORNIA j
COUNTY OF SAN DiErO ~ ss.
CITY OF CHULA VISTA ~
I, KENNr;TH R, C1i.'~1FBEL~, City Cleric of tf,e City of Chula Vista, California,
DO HEREBY CERTIFY that %he abo;,~e ar.d far_e~,~?ing is a fu1? , true and correct copy of
.. and that the same has not_ been amended
or repealed.
DATED;
City Clerk 0~
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