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Home My WebLink About61-008~.~~~ R'LSOLUTIGN 61-$ COi4~32~i?ATICA] OF SURPLUS PROPERTY' OVER AP3D UIIDER X2500 ?;~IIEP.EAS, by Public Lana 655, S4th Congress (70th Stat, 493), the Federal Government; has authorized the donation of surplus Federal property for civil defense purposes; and t'o'F,EP.EAS, certain conditions are imposeCi by the Office of Civil and Defense ,:Iobilization, the Department of Health, Education and P~~eifare, she California Disaster Office, and the State Educational Agency foz Surplus Property, in.connection with the acquisition of such property; and [i~F=,EREAS, the City (County) of ~tit'Ee desixes to establish its eligibility for such property; YT IS, TI~',EOI;E, certified that: I. It is a civil defense organization designated pursuant to State lava, 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 1Velfare. iI. Property requested by this documen'c 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 in- cident to donation, including packing, prepara'cion for shipping, loading,- and transporting such property, THE DONEE IiEREBY AGREES TO THG FOLLOI^]~IG TERMS AND CONDITIONS: i. TERMS /aND CONDITICNS APPLICABLE TO ALL PROPERTI', REG.9RDLESS OF ACQUISITIGN COST, DONATED FOR CIVIL DErENSE PURPOSES: A. Property acquired by the donee shall be on an "as is", "uhe.re 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 and Defense Atobiiization, Title 32, Code of Fe derai Regulations, Subtitle C, Part 1702, as in effect on the date hereof. II. ADDITIONAL TERMS ATdD CONDITIONS APPLICABLE TO PROPERTY HAVIN G A STAIGLE ITEM ACQUISITION COST OF $2500 OR MORE DONATED FOR CIVIL DEFk,NSE 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 Page 1 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 govern- ment (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 and Defense Mobilization (OCDM), 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, Thee 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), Pre- fabricated Structures (FSC Group 54), and Generators (FSC Glass 6115), for all of which a six-year period shall apply. 3, Aircraft (F5C Group 15), for which the special terms and condi- tions provided in the DHEW Conditional Transfer Document (Air- craft) 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 OCDM. D. During the period of restriction, the property shah not be sold, traded, leased, loaned, bailed, encumbered, or otherwise disposed of without the specific, prior, written approval of the Director OCDM, E, Lf, during the period of restriction, property is no longer suit- able, usable, or further needed for the purpose for which acquired, the donee shall promptly notify the OCDM through the State civil defense director and shall, as directed by the OCDM, either retrans- fer 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 publz.c sale. F. In the event any of the terms and conditions set forth in this sec- tion are breached, all right, title and interest in the property involved, at the option of the Director of OCDM, shall revert to the United States of America. Ln addition, where there has been an un- authorized disposal or improper use of any kind,. the donee, at the option of the Director of OCDM, shall be liable to the United States for all damages. Where the property is not returned to the United Page 2 ~3"l~ States Government or where property is improperly used, the donee shall be liable to the United States for any proceeds from the dis- posal 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 OCDM, N04V, THEREFORE, IT IS RESOLVED by the City Council (Board of Supervisors) of said City (County) that: __ -_ See_Exhi_'bit hgn _ ~~ (Name<s) and Official Title(s)) (Signature(s))~V shall be and is hereby authorized as the representative of said City (County) 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 authorization shall remain in full force and effect until superseded or rescinded by resolution of this Council {Board) transmitted in duplicate to the California Disaster: Office; and IT IS FURTHER RESOLVED that the Clerle of this Council (Board) 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. PASSED AND ADOPTED THIS 2 th day of ~prj,1 , 19~, by the City Council (Board of Supervisors) of the g (County) of ~,~tte State of California, by the following vote: AYES: Supervisors Alldredge, Pittman, Pride, Steinegger and Chairman Giles NOES: None ABSENT: j~jone ~ATTIEST: Hdi~ATF.T~ ~MES~ CflUN'17C CLERiS Clerk (Mayor j" (Chairman, Board of Supervisors) I, ARFt7'FTT 7AMS:S * (County) Clerk of the (County) of Butte , California, do hereby certify the foregoing is a full, true, and correct copy of a resolution adopted by the said ~ (Board) at a rem~lar meeting thereof held at its regular place of meet- ing at the time and by the vote above stated, which resolution is on file in the office of the said Council (Board). HAFf{RIEhTT JAMES, COT7I~T7C C~~ Deputy CI.e~ Page 3 ~ ~~~ ~~EXHIBIT ~~~ to Resolution 61-8 regarding surplus property. 1. The names of George H. Vogt, Don L. Shoup and Genevieve Hovey are deleted because these persons are no longer authorized to receive surplus property as category I personnel. 2. Tn lieu of the above persons,ldilliam H. Grod¢ik, J. C. ti~;oods, and Ii. G. Yarbrough are hereby authorized to receive surplus property as category I personnel for the County of Butte. Their signatures appear below: i~