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RES 73-73
<br />Page Two
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<br /> B. Except as otherwise expressly provided herein
<br />below and unless and until expressly waived in writing by the
<br />Regional Director of the Defense Civil Preparedness Agency, on
<br />a case basis, the period of restriction for all items of property
<br />donated having a single item acquisition cost to the Federal
<br />Government of $2500 or more shall be four years from the date of
<br />donation. The specific exceptions are as follows:
<br />
<br />(FSC) Group
<br />apply.
<br />
<br /> 1. Motor Vehicles, Federal Supply Classification
<br />23 -- for which a two-year period of restriction shall
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<br /> 2. Items of property donated having a unit fair market
<br />value of $25.00 or more, but less than $2500 government acquisition
<br />cost, for which one-year period of State restriction shall apply.
<br />
<br /> 3. Terms and conditions applicable to aircraft and
<br />to vessels measuring 50 feet or more in length are specific ex-
<br />ceptions to all of this section; but the provisions are those
<br />specified in the appropriate conditional transfer documents in
<br />accordance with regulations of the Department of Health, Education
<br />and Welfare.
<br />
<br /> C. During the period of restriction, the property shall
<br />not be sold, traded, leased, loaned, bailed, encumbered, or other-
<br />wise disposed of without the specific prior written approval of
<br />the Regional Director of the Defense Civil Preparedness Agency or
<br />the Director of the Office of Emergency Services.
<br />
<br /> D. If, during the period of restriction, property is
<br />no longer suitable, usable, or further needed for the purpose for
<br />which acquired, the donee shall promptly notify the Defense Civil
<br />Preparedness Agency, through the Office of Emergency Services, and
<br />shall, as directed by the Defense Civil Preparedness Agency, re-
<br />transfer the property to such department or agency of the United
<br />States of America or such other donee as may be designated by the
<br />Defense Civil Preparedness Agency.
<br />
<br /> E. In the event any of the terms and conditions set forth
<br />in this section are breached, all right, title, and interest in
<br />the property involved shall, at the option of the Defense Civil
<br />Preparedness Agency, revert to the United States of America. In
<br />addition, where there has been an unauthorized disposal or im-
<br />proper use, the donee, at the option of the Defense Civil Prepared-
<br />ness Agency, shall be liable to the United States of America for
<br />all damages. Where the property is not returned to possession and
<br />ownership of the United States of America or where property has been
<br />improperly used, the donee shall be liable to the United States of
<br />America and all proceeds shall be deemed to have been received and
<br />held in trust for the United States of America and the donee shall
<br />promptly remit the same to the Defense Civil Preparedness Agency.
<br />When the fair market value or rental value of the property at the
<br />time of such disposal or improper use is greater than the proceeds
<br />derived from such action, the donee shall, at the option of the
<br />Defense Civil Preparedness Agency, also be liable for and promptly
<br />remit the difference between such proceeds and such value, as
<br />determined by the Defense Civil Preparedness Agency. The remedies
<br />provided in this paragraph (E) of this section are in addition to
<br />administrative compliance measures, and all civil remedies and
<br />criminal penalties provided by law.
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<br /> NOW, THEREFORE, IT IS RESOLVED by the City Council that: the
<br />City Manager, Assistant City Manager, Purchasing and Property
<br />Control Officer, Police Chief, Fire Chief, Disaster Services
<br />Coordinator, Equipment Maintenance Officer and Director of Public
<br />Works are hereby designated as the authorized representatives of
<br />said City to sign for and accept surplus Federal property, regard-
<br />less of acquisition cost, in accordance with the conditions imposed
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