1974-183RESOLUTION NO. 74R -183
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AUTHORIZING THE DISASTER SERVICES
COORDINATOR AND PURCHASING AGENT TO SIGN FOR
SURPLUS PROPERTY.
WHEREAS, by Public Law 655, 84th Congress (70th
Stat. 493), the Federal Government has authorized the dona-
tion of surplus Federal property for civil defense purposes;
and
WHEREAS, certain conditions are imposed by the
Defense Civil Preparedness Agency, Region Seven, the Depart-
ment 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 Anaheim desires to establish
its eligibility for such property; and
WHEREAS, it is therefore certified that:
1. 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 Depart-
ment of Health, Education and Welfare.
2. Property requested by this document is usable and
necessary in the State for emergency service pur-
poses, 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 pur-
pose, for use outside of the State, or for sale.
3. Funds are available to pay the costs of care and
handling incident to donation, including packing,
preparation for shipping, loading, and transport-
ing such property.
AND WHEREAS, the donee hereby agrees to the follow-
ing terms and conditions:
1. The terms and conditions applicable to all pro-
perty, 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 regula-
tions 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 Fed-
eral Regulations.
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2. Additional terms and conditions applicable to pro-
perty having a single item acquisition cost of
$2500 or more donated for emergency service pur-
poses:
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 neces-
sary to achieve a state of operational readi-
ness as required by the emergency service mis-
sion 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
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 Classifica-
tion (ESC) Group 23 for which a two
year period of restriction shall apply.
2. Terms and conditions applicable to aircraft
and to 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 regu-
lations of the Department of Health,
Education and Welfare.
c. Items of property donated having 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.
d. 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 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 Pre-
paredness Agency, through the Office of Emergency
Services, and shall, as directed by the Defense
Civil Preparedness Agency, retransfer the pro-
perty to such department or agency of the United
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States of America or such other donee as may
be designated by the Defense Civil Prepared-
ness Agency.
f. 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 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 Preparedness 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 Pre-
paredness 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 addi-
tion to administrative compliance measures, and
all civil remedies and criminal penalties pro-
vided by law.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that Paul L. Hayes, Disaster Services
Coordinator; Michael Michelle, Purchasing Agent, 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.
BE IT FURTHER RESOLVED that this resolution of authori-
zation 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 Servi-
ces, for filing with said Office and with the State Department
of Education.
FAL:kw
THE FOREGOING RESOLUTION is approved and signed by
me this 16th day of April, 1974.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, ALONA M. FARRENS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Resolution No. 74R -183 was
passed and adopted at a regular meeting of the City Council held
on the 16th day of April 19 74, by the following
vote of the members thereof:
(SEAL)
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas
and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said Resolution on the 16th day of
April 19 74
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 16th day of
April 19 74
I, ALONA M. FARRENS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original of Resolution No.
74R -183 duly passed and adopted by the Anaheim City Council on
April 16, 1974.
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MAYOR OF T E CITY OF ANAHEIM
CITY CLERK OF THE CITY OF ANAHEIM
City Clerk