R 1052
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RESOLUTION NO, 1052
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR TIlli
CITY ADMINISTRA'l'OR TO PURCHASE SURPWS PROPERTY,
WHEREAS, by Public Law 655, 84th Congress (70th Stat, 493), tt~ Federal
Government has authorized the donation of surplus Federal property for civil
defense purposes; and
WHEREAS, certain conditions are imposed by the Defense Civil Preparedness
Agency, Region Sev~n, the Department of Health, Education and Welfare, the
California Office of Emergency Services, and the State Educational Agency for
Surplus Property, in connection with the acquisition of such property; and
WHEREAS, the City of Arroyo Grande desires to establish its
eligibility for such property;
IT IS, THEREFORE, certified that:
I. It is an ~cergency 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, Ed;Jcation
and Welfare, ,
II, Property request~d by this docmnent is usable and necessary in the
State for emergency serlTice 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 trans-
porting such property,
THE DONEE I~EBY AGREES TO THE FOLLOWING TERMS AND CONDITIONS:
I, TERMS AND CONDITIONS APPLlCABI.E 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, ~lere will also be applicable such other terms and conditions
as are contained in the re~Jlations 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 $2500 OR M>RE DONATED FOR EMERGENCY SERVICE
PURPOSES:
A, All such property shall be distributed and, during the period of
restriction, be properly ma,intained in good operational 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 app1i- (
cable, local government (which are in consonance with national emergency
objectives, 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 $2500 or more shall be four years from the 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 lli~ving a unit fair market value of
$25,00 or more, but less than $2500 government acquisition cost, for which a
one-year period of State restriction shall apply,
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, 3. Terms and conditions applicable to aircraft and to vessels
measuring 50 feet or more in length are specific excep'c:iotls t,,, all of this
section; but the provisions are those specified in the appr()pr1sc:(~ cenditionsl
transfer documents in accordance with regulations of th~ Depari2Jent of Helilth,
Education and Welfare.
C, Thlring the period of restriction, the prc9pertyshal1 not be sold1)
traded, leased:J loaned, bailed~ encumbered, or. other~ise disposed of without the
specific prier written approval of the Regional Director of the Defense Civil
Preparedness Agency or the Director of the Office of Rmergency Services,
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 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 Ameriea or such other donee as may be designated by the
Defense Civil Preparedness Agency,
E, In the event any of the terms and c0nditions as set forth in this
section are brec:!c,hed, all right, title, and interest in the property involved
shall, at the option of the Defense Civil Preparedness Agency, revert to the
United States of ArNerica. In addition, where there has been an tlDauthorized
disposal or improper use, the donee, at the ,~ption of the Def,snse Civil Prepar~
edness Agency, srui11 be liable to the United States of America for all damages,
Where the property is nut returned to possession and cnmership of the United
States of America or where property ha~ 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 tr~st for the United States of America and the donee
shall prc~ptly remit the same to' the Defense Civil Preparedness Agency. When
the fair ~~rket 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 s~~ll, at the option of the Defense Civil Preparedness Agency, also be
liable for and promptly rL~it tha difference be~leen such proceeds and such value,
as determined by the Defense Civil Preparedness Agency, The remedies provided in
this paragraph (E) of this section are in addition to adn,inistrative c~.pliance
measures, and all civil remedies and criminal pe!mlties provided by law.
NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Arroyo
Grande that:
THOMAS M, BUTCH, City Administrator J. E, ANDERSON, JR., Director of
and Civil Defense Director Public Works arid Assistant Civil
~)~ Defense Director
Yn,~
are hereby designated as the authorized repres ntatives of said City to
and accept surplus Federal property, regardless of acquisition cost, in
with the conditions imposed by the above agencies; and, be it
FURTHER RESOLVED that thiS. resolution of authorization ~all remain in
full force and effect until superseded or rescinded by resoluti~ of this~uncil
transmitted in duplicate to the California Office of Emergency Services; and be it
FURTHER RESOLVED that the Clerk of this Council is hereby authorized and
directed to send two (2) certified copies of this resolution to the C~lifornia
Office of Emergency Services, for filing with said Office and with the State
Department of Education,
On motion of Councilman Millis, seconded by Councilman Talley and on the
following roll call vote, to wit:
AYES: Councilrden Millis, Talley, Wood, de Leon and Mayor Schlegel
NOES: None
ABSENT: None
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ATTEST: ~c.A ,dl;..f ~ .
CITY CLERK ".<
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I) Ines A. del Campo, City Clerk of the City of Arroyo Gra~de, Co~nty
of San Luis Obispo, State of California) do hereby certify that the foregoing
Resolution No. 1052 is a true) full and correct copy of said resol~tion passed
and adopted by the City Council of the City of Arroyo Grande at,s regular
meeting of said Council held on the 10th day of July, 1973.
WITNESS my hand and the seal of the City of Arroyo Grande affixed this
11th day of July, 1973.
. 4r4/ A' ~~
City Clerk of the City of rroyo Grande
(SEAL)
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