HomeMy WebLinkAboutCity Council Resolution 52-B ~ESOLUTION ~F THE CITY COUNCIL OF THE CiTY OF SA~ATOCA
ADOPTI~ A PR~ FO~ T~E PROCURENENT AND USE OF
SURPLUS P~F~RTY ~R ITS CIViL DEFENSE O~ANIZATION
The City Cotmoil of the City of Saratoga hereby resolves as follows:
~IERFAS, by Public Law 655, 8~th Congress (70th Star. 493), the
Federal Govenmmt has authorized the donation of surplus Federal property
for Civil Defense purposes; and
~P~EREAS, certain conditions are imposed by the Office of Civil and
Defense ~obilization, the Department of Health, Education and Welfare, the
California Disaster Office, and the Sta~e Educational Agency for Surplus
Propex~y, in connection with the acquisition of such property; and
W~BXAS, the City of
desires to establish its property;
IT IS, THEREFOKE, certified that:
I. It is a civil defense organiza~ion designated pursuant to
State las, within the meanin~ of the Federal Property and Administrative
Services Act of 19~9, as amended, end the regulations of the Department of
Health, Education and Welfare.
II. Property requested by this documnt 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 ~o pay the costs of care and handling
incident to donation, tncludin~ packing, preparation for shipping, loading,
and tTansportin~ s~ch property.
THE DONEE HEREBY AGREES TO I~E FOLLOWING TERMS AND CONDITIONS:
I. TEE~S AI~ CONDITIONS APPLICABLE TO ALL PROPERTY, REGARDLESS OF
ACQUISITION COST, DONALD FOR CIVIL D~FENSE PURPOSES:
A. Property acquired by the donee shall be on an "as is", "where is"
basis, wi~aeu~ warranty of any kind.
B. There will also he applicable such other terms and conditions as
are contained in ~he Regulations of the Office of Civil and Defense
Hobilizatioa, Title ~2, Code of Federal Regulations, Subtitle C,
Part IFO2, as in effect on the date hereof.
II. ADDITIONAL TERNS AND CONDITIONS APPLICABLE TO PROPEETY HAVlNC A SINGLE
ITS4 ACQUISITIO~ COST OF $2500 OR MORE DONATED FOR CIVIL DEFENSE PURPOSES:
A. All such property shall be distributed and, durin~ the period of
restriction, be properly maintained in good operational condition
and stored, or installed or utilized only as necessary to achieve a
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state of operational readiness as required by the ci~;:tl defe.-.I-...~e
mission assiSned to ~e donee in accordance with the civil defense
operatiOnal plans o~ the State sads where applicable, local Sovern-
meat (which shali be :consistent with the Nat'.onal P.~an for Civil
Defense and Defelme ~bilizations as no~ or hereafter amended),
Operational readiness shall include necessary use in training under
a civil defense traininS program approved by the State civil defense
director as bein2 in accordance with the civil defense operational
plans ~ the S~ate.
B. Except as othex~ise expressly provided herein below and unless and
until expressly waived in writing by the Director of the Office of
Civil and De~enss aobilization (OCEt~)s on a case basis, the period
of restriction ~or all items of property donated for civil defense
purposes shall be four years from the date such property is first
used or put in atcckpile in accordance with this subsection,' The
spe:ci£ic except~ens are as follo~s:
lo Honor Vehicles, Federal Supply Classification (FSC) Croup 23 --
for which a two-year period o~ restriction shall apply,
2° BoaZs (FSC Group 19)s Tra~tors (FSC Croup 2~)s Construction,
lttnings Excavating and Highway Naintenance Equipment (FSC Croup
38), Fire-fighting and Rescue Equipment (FSC Group 42)s Pre-
fabricated Structures (FSC Croup 54), and Generators (FSC Class
6115)~ for all of which a six-year period shall apply,
3. Sircraft (FSC Croup 15), for which the special terms and condi-
tions provided in the DHE~ Conditional Transfer Document (Air-
craft) cove~tng the transfer shall apply.
C. Reserve stock storage and installation of equipment for operational
readiness shall, in addition to meeting the above criteria, met
all applicable criteria established by the OCI~.
D. During the period of restrictions the property shall not be sold,
tradeds leased, loanads bailed, encumbered, or otherwise disposed
of without the specific, priors written approval of the Director
g. I~s durinS the period of restriction, property is no longer suit-
able, usable, or further needed £or the purpose for ~hich acquired,
the dories shall promptly notity the OCD~ through the State civil
defense director and shalls as diwected by the OCDI4, either retraas-
£e~ the property to such department or agency of the United States
of America or such other dories as my be ~i~:xa~ed, or sell the
property at a public sale,
F. In the event any of the terms and conditions set forth in this sec-
tion are breached, all rtSht, title and interest in the property
involveds at the option of the Director of OCDI~, shall revert to the
United States oe. America, In addition, where there has been an un-
authorized disposal or improper use oe any kind, ~ha douse, at the
option of the Director of OC~t~ shall be liable to the United Sta~es
for all damages., ~here the property is not returned to the United
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States Coverm~mt or where property is imp=~parly use~, the d:~nee
shell be liable 2o the United States for any proceeds from the d~s-
posse or tmp~op~ use or fo~ the fair market value or rental value
of the propert7 at the t~ of such disposal, or ~w.~.ropor use, at
the option d end. as determined by the Director of OCDM.
NOW, THEREFORE, IT IS RESOLVED by the City Council of the City
shall be and is hereby authorized as representative of said City
to sign for and accept mE'plus Federal property, regardless of acquisition
cost, in accordance with the conditions imposed by the above agencies; cud
IT IS FEB~IiER RESOLVED that the Clerk of this Council is
hereby authorized mad 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 gducatien,
The above and foregoing resolution was PASSED AND ADOPTED
THIS 1st day of .96./3, by the City Council of
the ~f ~, State ., by the following vote:
AYES: Glennon, Brazil, Drake, Hartman, Ritchie
NOES: None
ABSEFE: None
ATTEST: ~
Deputy ·
Deputy
~, Milla Dean Roth!~isber_~er _ ~. ,City Clerk of the Cit~ Saratoga ......
California~ do hereby certify the foregoing is e fulls true~ and correct copy
of a resolution adopted by the said Council at a regular meeting thereof
held at its regular place of meeting at the time and by the vote above
Whfc~ ~resoluti~.n is on file in the office of the said Council.
Deputy Clerk
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