HomeMy WebLinkAboutResolution 1978 - 0101RESOLUTION NO.78-101-2
DESIGNATING DISTRICT AGENT RE APPLICATION FOR
DISASTER RELIEF ACT ASSISTANCE
A RESOLUTION OF ThE BOARD OF DIRECTORS OF
COUNTY SANITATION DISTRICT NO.2 OF ORANGE
COUNTY,CALIFORNIA,DESIGNATING DISTRICT AGENT
RE APPLICATION FOR DISASTER RELIEF ACT ASSISTANCE
FOR FLOOD-CAUSED DAMAGES TO ORANGE AND OLIVE
SUB-TRUNKS SANTA ANA RIVER CROSSINGS
*********.******
The Board of Directors of County Sanitation District No.2 of Orange County,
California,
DOES HEREBY RESOLVE,DETERMINE AND ORDER:
Section 1 That Fred A.Harper,General Manager,is hereby authorized to
execute for and in behalf of County Sanitation District No.2 of Orange County,
a public entity established under the laws of the State of California,this
application and to file it in the appropriate State office for the purpose of
obtaining certain Federal financial assistance under the Disaster Relief Act
(Public Law 288,93rd Congress)orotherwise available from the President’s
Disaster Relief Fund;and,
Section 2 That County Sanitation District No.2 of Orange County,a
public entity established under the laws of the State of California,hereby
authorizes its agent to provide to the State and to the Federal Disaster
Assistance Administration (FDAA),Department of Housing and Urban Development
(HtJD)for all matters pertaining to such Federal disaster assistance the assurances
and agreements indicated on Exhibit “A”,attached hereto and made a part hereof.
PASSED AND ADOPTED at a regular meeting held May 10,1978.
ASSURANCES
A.The State agrees to take any necessary action within State capabilities to require compliance with these assurances and agree
ments by the applicant or to assume responsibility to the Federal government for any deficiencies not resolved to the satis
faction of the Regional Director.
The Applicant Certifies:
B.That (to the best of his knowledge and belief)the disaster relief work described on each Federal Disaster Assistance Admin
istration (FDAA)Project Application for which Federal financial assistance is requested is eligible in accordance with the
Criteria contained in 24 Code of Federal Regulations,Part 2205,and applicable FDAA (HUD)Handbooks.
C.That it is the legal entity responsible under law for the performance of the work detailed or accepts such responsibility.
D.That the emergency or disaster relief work therein described for which Federal assistance is requested hereunder does not or will
not duplicate benefits received for the same loss from another source.
E.That all information given by it herein is,to the best of its knowledge and belief,true and correct.
F.That all financial assistance received under this application will be,or has been,expended in accordance with applicable law and
regulations thereunder.
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The Applicant Agrees:
G.To (1)provide without cost to the United States all lands,easements,and rights-of-way necessary for accomplishment of the ap
proved work;(2)hold and save the United States free from damages due to the approved work or Federal funding.
H.-To comply with Title VI of the Civil Rights Act of 1964 (PL 88-352)and all requirements imposed by the Federal Disaster As
sistance Administration pursuant to that Title to the end that~in accordance with Title VI of that Act and the Regulation,no
person in the United States shall;on the ground of race,color,religion,nationality,sex,age,or economic status,be excluded
from participation in,be denied the benefits of,or be otherwise subjected to discrimination under any program or activity for
which the Applicant received Federal financial assistance from FDAA and HEREBY GIVES ASSURANCE THAT it will immedi
ately take any measures necessaiy to effectuate this agreement.
I.That if any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to
the Applicant by the Federal Disaster Assistance Administration,this assurance shall obligate the Applicant,or in the case of any
transfer of such property,any transferee,for the period during which the real property or structure is used for a purpose for
which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits.
If any personal property is so provided,this assurance shall obligate the Applicant for the period during which it retains owner
.ship or possession of the property.In all other cases,this assurance shall obligate the Applicant for the period during which the
Federal financial assistance is extended to it by FDAA.
J.That this assurance is given in consideration of and for the purpose of obtaining any and all Federal grants,loans,reimburse.
ments,advances,contracts,property,discounts or other Federal financial assistance extended after the date hereof to the Ap
plicant by FDAA,that such Federal financial assistance will be extended in reliance on the representations and agreements made
in this assurance and that the United States shall have the right to seek judicial enforcement of this assurance.This assurance is
binding on the Applicant,its successors,transferees,and assignees,and the person or persons whose signatures appear on the re
verse are authorized to sign this assurance on behalf of the Applicant.
L To obtain and maintain any flood insurance as may be required for the life of the project(s)for which Federal financial assist
ance for acquisition or construction purposes for buildings or mobile homes is provided herein;and,to obtain and maintain any
other insurance as may be reasonable,adequat’e and necessary to protect against further loss to any property which was replaced,
restored,repaired or constructed with this assistance.
L.That,as a condition for the grant,any repairs or construction financed herewith,shall be in accordance with applicable
standards of safety,decency and sanitation and in conformity with applicable codes,specifications and standards;and,to
evaluate the natural hazards in areas in which the proceeds of the grant or loan are to be used and take appropriate action
to mitigate such hazards,including safe land use and construction practices.
M.To defer funding of any projects involving flexible funding under Section 402 or Section 419 until FDAA makes a favorable
environmental cicarance determination,if this is required.
EXhIBIT “Afl
I
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
I,J.WAYNE SYLVESTER,Secretary of the Board of Directors of
County Sanitation District No.2 of Orange County,California,do
hereby certify that the above and foregoing Resolution No.78-101-2,
was regularly passed and adopted at a regular meeting of said Board
on the 10th day of May ,
19 78,by the following vote,to wit:
AYES:Henry Wedaa (Chairman),Don Smith,Donald Fox,Beth
Graham,Donald Holt,Jr.,Bernard Houston,David Ortiz,
Bob Perry,Thomas Riley,John Seymour,Roger Stanton and
Louis Velasquez
NOES:None
ABSENT:None
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the
official seal of County Sanitation District No.2 of Orange County,
California,this 10th day of May ,
19 78.
•~‘~r~Secretary,
o rd ~Dir9tors of County
S it~ion District No.2
of Or~nge County,California
S-104