HomeMy WebLinkAbout67-029L
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RESOLUTION b7-29
CON?BINATION OF SURPLUS PROPERTY OVER AND UNDER X2500
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 De-
fense, Region 7, the Department of Health Education and Welfare, the Cali-
fornia Disaster Office, and the State Educational Agency for Surplus Property,
in connection with the acquisition of such property; and
WHEREAS, the County of Butte
desires to establish its eligibility for such property;
IT IS, THEREFORE, certified that:
I. It is a civil defense organization designated aursuant to
State law, within the meaning of the Federal Property and Administrative
Services Act of 1949, as amended, and the regulations of the Department o£
Health, Education and Welfare.
II. Property requested ~y th$ document is usable and necessary
in the State for civil defense purposes, including research for any such
purpose; is required for its awn 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 AATD CONDITIONS:
2. TERMS AND CONDITIONS APPLICABLE TO ALL PROPERTY, REGARDLESS OF
ACQUISITION C05T, DONATED FOR CIVIL DEFENSE PURPDSES:
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.
II. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO PROPERTY HAVING A SIPIGLE
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ITEM ACQUISITION COST OF X2,500 OR 2~RE 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 govern-
ment (which are in consonance with national civil defense objec-
tives, as now or hereafter amended},
B. Except as otherwise expressly provided hereinbelow 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
acquisition 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 value of ~p25.0O
or more but less than X2,500, for which a one year period of
State restriction shall apply.
3. Aircraft (F'SC Group 15), for which th® special terms and con-
ditions provided in the DREW Conditional Transfer Document
(Aircraft) covering the transfer shall apply.
C. During the period of restriction, the property shall not be sold,
traded, leased, loaned, bailed, encumbered, or otherwise disposed
of without the specific, prior, written approval of the Regional
Director of OCD or the California Disaster Office.
D. If, 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 OCD through the California
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Disaster Office and shall, as directed by the OCD, either: (1) re-
transfer the property to such department or agency of the United
States of Americ~.or such other donee as may be designated, or (2)
sell the property at a public sale.
E. In the event any of the terms and conditions set forth in this
section are breached, all right, title and interest in the pro-
perty involved, at the option of the Regional Director of OCD,
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 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 OCD.
NOW, THEREFORE, IT IS RESOLVED by the Beard of Supervisors of
said County that:
George Gaekle, %,~-
,~~~,~
Cliff hfickelson,
(S'gnature(s)
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2g shall be and is hereby authorized as the representative of said County
26 to sign for and accept surplus Federal property, regardless of acquisition
27 cast, in accordance with the conditions imposed by the above agencies; and.
28 ~ IT IS FURTHER RESOLVED that this resolution of authorization shall
2g remain in full force and effect until superseded or rescinded by resolution
30 of this Board transmitted in duplicate to the California Disaster
31 Office; and
32 IT IS FURTHER RESOLVED that the Clark of this Board is hereby
Jack H. Turner,
~;~u~.~
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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 ~;;-..~ day of Fe',~ruartir , 14 ~~~ ,
by the Board of Supervisors of the County of~Lu"tte
State of California, by the following vote:
AXES: Supervisors Atna~:,;~;,r, ?'i~-~on, ?2cKiLop, Prjde c. C'~.a.irrr~2.n No„sden
NOES: alone
ABSENT: 2~iona
ATTEST:
Cler
Chairman, oard of Supervisors
1 J~SSIE ROG~RS Count Clerk of the Count of Butte
Y Y ~
California, do hereby certify the foregoing is a full, true, and correct
copy of a resolution adopted by the said Board at a regular meeting thereof
held at its regular place of meeting at the time and by the vote above
stated, which resolution is on file in the office of said Board.
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