Resolution 07730141
CITY OF ALAMEDA RESOLUTION NO. 7730
AUTHORIZING H. D. WELLER, CITY MANAGER: JOHN D. GOSS, ASSISTANT
CITY MANAGER AND WILLIAM H. HILDEBRAND, ASSISTANT DIRECTOR OF
CIVIL DEFENSE, ALAMEDA COUNTY, TO SIGN FOR AND ACCEPT SURPLUS
FEDERAL PROPERTY UNDER PUBLIC LAW 655
WHEREAS, by Public Law 655, 84th Congress (70th Stat. 493), the Federal Government has autho-
rized the donation of surplus Federal property for civil defense purposes; and
WHEREAS, certain conditions are imposed by the Office of Civil Defense, Region 7, the Depart-
ment of Health, Education and Welfare, the California Disaster Office, and the State Educational Agency
for Surplus Property, in connection with the acquisition of such property; and
WHEREAS, the City of Alameda 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 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.
III. 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:
TERMS AND CONDITIONS APPLICABLE TC 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
regulations 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 Federal Regulations.
ADDITIONAL TERMS AND CONDITIONS APPLICABLE 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 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 are in consonance with national
civil defense 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 Office of Civil Defense (OCD), on a case basis,
the period of restriction for all items of property donated having a single item acquisi-
tion cost to the Federal Government of $2,500 or more shall be four years from date of
donation. 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. Items of property donated having a unit fair market value of 525.00 or more but less
than $2,500, government acquisition cost, for which a one-year period of State restriction
shall apply.
C. During the period of restriction, the property shall not be sold, traded, leased, loanes,
bailed, encumbered, or otherwise disposed of without the specific prior, written approval
of the Regional Director of OCD or the Director of the CDO.
O. 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 CDO and shall, as directed by the OCD, retransfer the property to such department or
agency of the United States of America or such other donee as may be designated by the OCD.
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 shall, at the option of the OCD 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 OCD 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 OCD. 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 OCD, also be liable for and promptly remit the difference between
such proceeds and such value, as determined by OCD. The remedies provided in this para-
graph (e) of this section are in addition to administrative compliance measures, and all
civil remedies and criminal penalties provided by law.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALAMEDA that:
/s/ H. D. Weller , H. D. Weller, City Manager
(Signature)
/s/ John D. Goss , John D. Goss, Assistant City Manager
(Signature)
/s/ William H. Hildebrand , William H. Hildebrand, Assistant Director of Civil Defense,
(Signature) Alameda County
are hereby designated as the authorized representatives of said City to sin for and accept surplus
Federal property, regardless of acquisition cost, in accordance with the conditions imposed by the above
agencies; and
BE IT FURTHER RESOLVED that this resolution of authorization shall remain in full force and
effect until superseded or rescinded by resolution of this Council transmitted in duplicate to the Cali-
fornia Disaster Office; 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 Disaster Office, for filing with said Disaster
Office and with the State Department of Education.
* * * * * * * * * *
I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly
introduced and adopted by the Council of the City of Alameda in regular meeting assembled on the
16th day of February, 1971, by the following vote, to wit:
AYES: Councilmen Fore, Levy, Longaker, McCall and President La Croix, Jr., (5).
NOES: None.
ABSENT: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said
City this 17th day of February, 1971.
(SEAL) IRMA L. NELSON
City Clerk of the City of Alameda
* * * * * * * * * *
I hereby certify that the foregoing is a full, true and correct copy of "City of Alameda
Resolution No. 7730, AUTHORIZING H. D. WELLER, CITY MANAGER; JOHN D. GOSS, ASSISTANT CITY MANAGER AND
WILLIAM H. HILDEBRAND, ASSISTANT DIRECTOR OF CIVIL DEFENSE, ALAMEDA COUNTY, TO SIGN FOR AND ACCEPT
SURPLUS FEDERAL PROPERTY UNDER PUBLIC LAW 655," introduced and adopted by the Council of the City of
Alameda on the 16th day of February, 1971.
City Clerk of the City of Alameda