Resolution 07123"-11 ,13 ALATEDA RESOLUTION 7123
AUTHORIZING H. D. WELLER, CITY MANAGER., AND 13113 E. WATSON,
ASSISTANT CITY MANAGIR, To SIGN FOR AND ACCEPT SURPLUS FEDERAL
PROPERTY UNDER. PUB= LAW 655.
HEREAS, by Public Law 655, 84th Congress (70th Stat. 41)3), the Federal Government hao
authorized the donation of surplus Fedemal property for civil defense p and
WHEREAS, certain conditions are impc sed. by the Office of Civil Defense, Pegion 7, the
Dupartment of Health Education and Welfare, the California Disaster Office, and the State Flume-
tienal Agency for Surplus Property, in connectimn with the acquisition of such property; and
WHEREAS, tne City of Alameda. desimes to establish its elighbility for such property;
IT 1S, RFFIREFORE, certified that:
1. It is a civil defense organization designated pursuant to State law, within the mean-
ing of the Federal Property and Administrative Services Aot of 1949, as amended, and the regulations
of the Department of Health, Education and Welfare.
2. Property requested by this document is usable and necessary in the State for c' 3.
defense purposes, including research for any ouch purpose; is required for its own UE43 to Rai an
existing need; and 13, not being acquired '(« '131 other use or purpose, for use outside the State,
or for sale.
3. Funds are available to pay the coots of care and handling incident to dmnatien, includ-
ing packing, preparation for shipping, loading, and transporting euph property.
THE DONEE HEREBY AGREES TO THE FOLLOWING TERMS AND CONDITIONS:
1. TERMS AND CONBITIONU ARIIICAELE TO ATI FRoPERTy, REGARDLESS OF ACQUISITION COST, DONATED FOR
CIVIL DEFENSE PURPOSES:
A. Property acquired by the donee shall be on an 5as , 'where 13 3' basie, without
warranty of any. kind-
B. There will also be applOcable such other terms and conditions as are contained in
the
3313 013 of the Office of Civil Defense, Office of the Secretary of the Army,
Part 1802 of' Chapter •VIII of Title 32 of the Code of Federal Regdiations.
2. ADDIIIONAI, TERMS AND CONDITIONS APPLIGABIE TO PROPEA1I RAVING A SINGra ITEM ACQUISIIIGN COST OF
$2,500 OR. MORE DONAIED FOR. CIVIL DEFENSE PURPOSES:
A. All such property shall be distributed and, during the period of restrirtion, be
properly maintained in good operational condition and stored, or installed or
utilired. only as necessary to achieve a state of operatipnal 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 are in consonance with national civil defense objectives, as now or here-
after amended).
B. .rcept, as otherwise expressly provided hereinhelow and unipss aald uhtil. expressly
waived in writing by the Regional Director of the Office of Civil Defense (OCD),
OD a case basis, the period of restriction for all items of property donated having'
a single item acquisitien cost to the Federal Government of $2,500 or more shall be
four years from date of donation, The specific exceptions are an follows:
1. Motor Vehicles, Fderal Supply Classification (FSC) Croup 23 -- for which a
two-year period of restription. shall apply.
2. Items of property donated having a unit fair value of $25.00 or more but less
than 82,500, for whioh a one year period of State restriction shall. appiph
3. Aircraft (ESC Croup 15), for which the special terms and conditions provided
in the DREW Conditional Transfer Document (Aircraft) covering the transfer
shall applyh
C. During the period of restridtion, the property shall not be sold, traded, leased, loaned,
bailed, encumbered, or otherivise disposed of without the speolidb, prior, written
approval of the Regional Director of OCD cr the Califfornia Disaster Offiro.
D. if, during the period of restrictien, property is no longer suitable, usable, or further
needed for the purpose for which acquired, the donee shall promptly notify the OCD
through the California Disaster Office and shall, as directed by the COD, either: (I)
retransfer the property to ouch 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.
the event any of the terms and conditions sot forth in this section are breached,
all right, title and interest in the property- involved, at the option of the Regional
Director of OCD, shall revert to the United States of America_ In addition, wh1 re
t has been an unatthordned disposal_ or improper use of any kind, thm 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 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 Regional Director of OCR.
NOW THEREFORE, BE II RESOLVED 117 THE COUNCIL OF THE CITY ON' AIMMEDA that B. D. WELLER, City
Mnager, and RICHARD E. WATSON, Assistant City Manager, shall be and are hereby authorised as repre-
sentatives of said Gity te sign for and accept surplus Federal property, regardless of acquisition
cost, in accordance with the conditions imposed by the above agencies; and
BE II' FURITHR RESOLVED that this resolution of authorization shall. remaib in AMR force and
effect until superseded or rescinded by resolution of this Council transmitted in duplicate to the
California, Disaster Office; and
BE TT FRUITER, PIROINED that the City Clerk is hereby authorized. and directed to send two
(2) certified copies of this rmsolution to tbe California Disaster Office, for filing with said
Disaster Office and witk the State Department of' Education.
I, the undersigned, hereby- certify that the foregoing Resointien was duly and reNularly
introduced and adopted by the Council of the City of Almneda in regular meeting assembled on the
18th day of April, 1967, by the following vote, to wit:
AYES: Gmancibmen Bar , La Croix, Jr., RoCall and Vice President Ruse, 0.0.
tOTS: Nene.
ABSENT: President Godfrey, (1).
IN WITNESS WHEREOF, I have hereunto set my hand and affikbd the official seal of said
City this 19th day of April, 1) 69.
SHIRLEY H. TEENIER
City Cibrk of the City of Alameda
I hereby cernAfy that the foregoing is a full, true and correct copy of "City of Alameda
Resolution No. 7123, AUTHORIZING H. D. REITER, CITY 7.1,01, 10 RICHARD E. EAMON, ASSISTANT CITY
MANAGER, TO SIGN FOR AND ACCEPT SUPTIUS FEDERAL PROPERTY UNDER PUIRIIIR LAW 655, introduced ard
adopted by 'fhb Council on the 18th day of April, 1967.
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City Clerk o n tIe City of Alameda