HomeMy WebLinkAboutResolution 6117 N.C.S. 08/21/1972 4!15;. aJ
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RESOLUTION NO . 6117 N.C .S .
RESOLUTION DESIGNATING ROBERT H . MEYER,, CITY MANAGER,
JOHN NOLAN, ASSIS.TANT .CITY MANAGER, WARREN KNIERIEM,
FIRE BATTALION CHIEF, AND DAVID A. YOUNG, DIRECTOR OF
PUBLIC WORKS , AS REPRESENTATIVES OF THE :CITY OF
PETALUMA AUTHORPZED TO SIGN FOR AND-ACCEPT SURPLUS
FEDERAL PROPERTY ,: .REGARDLESS OF:M UISITIQN-. COST , AND
REPEALING RESOLUTTON N0.--505}9 S
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INTRODUCED BY COUNCILMAN C?} _ = ���� -'� � A �� - and
SECONDED BY COUNCILMAN ' , : at a
Regular Meeting of th-
t_ euncil .f the City of Petaluma on
the 21st day of August , 1972 .
COMBINATION OF SURPLUS, PROPERTY-OVER AND UNDER $25,00
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 Defense , Region 7 , the Department of Health , Education and Wel-
fare , the California Disaster Office , and the State Educational Agency
for Surplus Property, in connection with the acquisition of such pro-
perty; and
WHEREAS , the City of Petaluma desires to establish its eligi_
, bility 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 neces-
sary 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 acqui.rd for any other' ,use or purpose , for use outside'
the State , or for sale .
ITI . Funds are available to pay the costs of care and hand-
ling incident to donation , including packing , preparation for ship-
ing , loading and transporting such property.
THE DONEE HEREBY AGREES TO. THE FOLLOWING TERMS AND
CONDITIONS :
I. TERMS AND CONDITIONS APPLICABLE' TO 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.
II . 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 readi-
ness 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 hereinbelow and
unless and until expressly waived in writing by the
Regional Diredtor 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 2G--for which a two-year period of restriction
shall apply.
2 . Items of property donated having a unit fair value of
$25 or more but less than $2 ,500 , for which a one-year
period of State restriction shall apply:
3 . Aircraft_ (F,SC Croup 15) , for which the special terms
and condition, provided in the DREW Conditional
Transfer Document (A-ircraft) covering the transfer
shall apply.
(c) During the period- of restriction , the property shall not be
sold , traded , leased , loaned, bailed , encumbered or other-
wise disposed of without the specific , prior , written
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approval of - the regional Director of OCD or the
California Disaster Office .
(d) If, during; the period of restriction , property is no
longer suitable , usable , or further needed for the pur-
pose for which acquired , the donee shall promptly notify
the OCD through the California Disaster Office and shall ,
as directed by the OCD, either;: . (1) retransfer the pro-
perty t'o such 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.
(e) In the event any of the terms and conditions set forth
in this section are breached , all right , title and inter-
est in the property involved, at the option of the Region-
al 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 o.f such disposal , or
improper use , at the option df and as determined by the
Regional Director of OCD.
NOW, THEREFORE , BE IT RESOLVED by the City Council of the City
of Petaluma that ROBERT H . MEYER, City Manager , JOHN NOLAN , Assistant
City Manager , WARREN KN.IERIEM, Fire Battalion Chief , and DAVID A. YOUNG ,
Director of Public Works , are hereby authorized as the representatives
of said City of Petaluma to sign 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 California
Disaster Office; and
BE IT FURTHER RESOLVED that the Clerk of this Council is here-
by authorized and directed to send two e2) certified copies of this
resolution to the daiiforn. a Disaster Office , for filing with said
Disaster Office and with the State Department. of Education .
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BE IT FURTHER .RESOLVED that Resolution No . 5059 N .C .S . be, and
the same is hereby repealed .
** ** ** ** **
I hereby certify that the foregoing resolution was
duly and regularly introduced and adopted by the
Council of the City of Petaluma on the 21st day of
August , 1972 , by the following vote :
AYES: COUNCILMEN BRUNNER, CAVANAGH, JR. , CLECAK, DALY, MATTEI ,
PERRY, JR. , and MAYOR PUTNAM.
NOES : NONE .
ABSENT :. NONE . 'T h
Mayor
Attest : -
' City Clerk
SIGNATURES OF PERSONS [ /,G;� %`f` /[J1L(Al,"^
AUTHORIZED TO SIGN [ROB H,. MEYER Cit Manager
[Jo NOLAN, Assistant City
[M ger 7
[WARREN KNIERIEM, Fire /Battalion
[Chief
[
I pri - c1
[DAVID A. YOUNG, Director
[Public Works /
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