63-0525RESOLUTION No. 63R- 525
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIING HAROLD DAOUST, PURCHASING
AGENT, UP. PAUL L. HAYEs, CIVIL DEFENSE COORDINATOR,
TO SIGN THE WAREHOUSE IJSUE SHEET OF THE CALIFORNIA
STATE EDUCATIONAL AGENCY FOIE 3U :PLUS PROPERTY, AND
TERMINATING AND SUUPER0EDING RESOLUTION NO. 4898.
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 Department of Defense, the Department of
Health, Education and Welfare, the California Disaster Office,
and the State Educational Agency for Surplus Property, in con-
nection with the acquisition of such property; and
WHEREAS, the City of Anaheim desires to establish its
eligibility for such property.
IT IS, THEREFORE, certified that:
I. It is a civil defense organization designated
pursuant to State law, within the meaning of the Federal Prop-
erty 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, in-
cluding 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 packing, prepara-
tion for shipping, loading, and transporting such property.
THE DONEE HEREBY AGREES TO THE FOLLOWING TERMS AND
CONDITIONS:
I. TERMS AND CONDITIONS APPLICABLE TO ALL PROPERTY,
REGARDLESS OF ACQUISITION COST, DONATED FOR CIVIL
DEFENSE PURPOSES:
Purchasing
Civil DefensE
A. Property acquired by the donee shall be on an "as is,"
P1 where is basis, without warranty of any kind.
B. There will also be applicable such other terms and
conditions as are contained in the Regulations of
the Office of Civil Defense Department of Defense,
Title 32, Code of Federal Regulations, Subtitle C,
Part 1702, as in effect on the date hereof.
-1-
II. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO PROPERTY
HAVING A SINGLE ITEM ACQUISITION COST OF $2500 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 shall be
consistent with the National Plan for Civil Defense
and Defense Mobilization, as now or hereafter amended).
Operational readiness shall include necessary use in
training under a civil defense training program
approved by the State civil defense director as being
in accordance with the civil defense operational
plans of the State.
B. Except as otherwise expressly provided hereinbelow
and unless and until expressly waived in writing by
the Director of the Office of Civil Defense Department
of Defense (OCD -DOD), on a case basis, the period of
restriction for all items of property donated for
civil defense purposes shall be four years from the
date such property is first used or put in stockpile
in accordance with this subsection. 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. Boats (FSC Group 19), Tractors (FSC Group 24),
Construction, Mining, Excavating and Highway
Maintenance Equipment (FSC Group 38), Fire-
fighting and Rescue Equipment (FSC Group 42),
Prefabricated Structures (FSC Group 54), and
Generators (FSC Class 6115), for all of which a
six -year period 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. Reserve stock storage and installation of equipment
for operational readiness shall, in addition to
meeting the above criteria, meet all applicable
criteria established by the OCD -DOD.
D. During the period of restriction, the property shall
not be sold, traded, leased, loaned, bailed, encum-
bered, or otherwise disposed of without the specific,
prior, written approval of the Director of OCD -DOD.
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
NOW, THEREFORE, IT IS RESOLVED by the City Council of
said City that:
Harold Daoust, Purchasing Agent, or Paul L. Hayes, Civil Defense
Coordinator
shall be and 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; and
IT IS 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 Disaster Office; and
IT IS FURTHER RESOLVED that the Clerk of this Council
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.
IT IS FURTHER RESOLVED that Resolution No. 4898 is
hereby terminated and superseded and shall be of no force nor
effect from and after this date.
THE FOREGOING RESOLUTION is approved and signed by me
this 18th day of June, 1963.
ATTEST:
notify the OCD -DOD through the State civil defense
director and shall, as directed by the OCD -DOD,
either retransfer the property to such department
or agency of the United States of America or such
other donee as may be designated, or sell the
property at a public sale.
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, at the option of
the Director of OCD -DOD, 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 Director of OCD -DOD,
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
Director of OCD -DOD.
Signature
CI !I CLERK OF THE CITY OF IM
-3-
MA
OF CI Y 0
PRO TEM
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Resolution No. 63R -525 was
introduced and adopted at a regular meeting provided by law, of
the City Council of the City of Anaheim, held on the 18th day of
June, 1963, by the following vote of the members thereof:
AYES: COUNCILMEN: Dutton, Schutte, Krein and Chandler
NOES: COUNCILMEN: None
ABSENT: COUNCILMAN: Coons
AND I FURTHER CERTIFY that the Mayor Pro Tem of the City
of Anaheim approved and signed said Resolution No. 63R -525 on the
18th day of June, 1963.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim, this 18th day
of June, 1963.
(SEAL)
1I
CITY CLERK OF THE CITY OF ANAHEIM