R 0723
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RESOLUT I ON 723
COMBrNATION 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 condit.ions are imposed by the Office of Civil
Defense, Region 7. the Department of Health Education and Welfare, the
Callfo.rnla Disaster Office, and the State Education Agency for Surplus
Property, in connection with the acquisition of such property; and
WHEREAS, the City of Arroyo Grande desires to establ ish its
eleglbllity for such property;
IT IS, THEREFORE, certified that:
1. 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 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.
111. 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:
1. TERMS AND CONDITIONS APPLICABLE TO ALL PROPERTY, REGARDLESS
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 re9ulations 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 Fedaral Regulations.
II. ADDITIONAL TERMS AND CONDITONS APPLICAaLE 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 01' utilized
only as necessary to achieve a state of operational re.dl-
ness as requ i red by the c i vii defense m I ssl on assl gned to
. the donee in accordance with the civil defense operatlonel
plans of the State and, where applicable, locel 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 Direc-
tor of the Office of Civil Oefense (OCD), on a cese 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
sha 11 app 1 y .
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
sol d, traded, leased, loaned, ba i 1 ed, encumbered, or: othe.rwi se
disposed of without the specific, prior, written approval of the
Regional Oirector of OCD or the California OisasterOffice.
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
Cal ifornia Oisaster Office and shall, as directed by the OCD,
ei ther: (1) retransfer 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 DIrec-
tor 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 impro-
perly 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 said
City that:
Thomas M. Butch - City Administrator
.S.i gn!tture
shall be and Is hereby authorized as the representative of seid City to
sign for and accept surplus Federal property, regardless of ecquisltion
cost, in accordance with the conditions Imposed by the above agencies, and
IT IS FURTHER RESOLVED that this resolution of authorlzetlon
shall remain in full force and effect until superseded or rescinded by
resolution of this Council transmitted in duplicate to the California
Disaster Office; and
IT IS FURTHER RESO\..VED that the Clerk of thils Council Is hereby
authorized and directed to send two (2) certified copies of this reso-
lution to the Cal ifornia Oisaster Office, for filing with said Disaster
Office and with the State Department of Education.
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On motion of Councilwoman Thompson
Seconded by Councilman Levine
and by the following roll call vote, to wit:
A YES: Councilwoman Thompson, Councilmen Levine, Burt, and
Mayor Wood.
NOES: None
ABSENT: Councilman Schlegel.
The foregoing resolution was adopted the 7t.h day ofNovernb:er,. 19.66;..
ATTEST:
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Clerk Mayo r
I, Polly S. Miller, City Clerk of the City of Arroyo Grande, California,
do hereby certify the foregoing is a full, true, and correct copy of a
resol~tion adopted by the said Council at a regul~r adjourned meeting
thereof held at its regular place of meeting at the time and by the vote
above stated, which resolution is on file in the office of the said
Council.
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