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HomeMy WebLinkAboutResolution 1980 - 0062RESOLUTION NO.80-62 DESIGNATING DISTRICTS’AGENTS RE APPLICATION FOR DISASTER RELIEF ACT ASSISTANCE A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS OF COUNTY SANITATION DISTRICTS NOS.1,2,3, 5,6,7 AND 11 OF ORANGE COUNTY,CALIFORNIA, DESIGNATING DISTRICTS’AGENTS RE APPLICATION FOR DISASTER RELIEF ACT ASSISTANCE FOR FLOOD- CAUSED DAMAGES TO SECONDARY TREATMENT FACILITIES AT TREATMENT PLANT NO.2 ***************** The Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6,7 and 11 of Orange County,California, DO HEREBY RESOLVE DETERMINE AND ORDER: Section 1 That Ray E.Lewis,Chief Engineer,and Thomas M.Dawes,Senior Engineer,are hereby authorized to execute for an in behalf of County Sanitation Districts Nos.1,2,3,5,6,7 and 11 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)or otherwise available from the President’s Disaster Relief Fund;and, Section 2 That County Sanitation Districts Nos.1,2,3,5,6,7 and 11 of Orange County,a public entity established under the laws of the State of California, hereby authorizes its agents to provide to the State and to the Federal Disaster Assistance Administration (FDAA),Department of Housing and Urban Development (HUD), 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 April 9,1980. ASSURANCES A.The State agrees to take any necessary action within State capabilities to require compliance with these assurances and agrce. ments by the applicant otto assume responsibility to the Fcdcral 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 w~(h 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. The Applicant Agrees: G.To (I)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 thatkin 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 necessary 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. 3.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 (he 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. K.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,adequate arid 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 ~r 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 Joan 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 clcarance determination,if this is required. EXHIBIT “A” ‘-. STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) I,J.WAYNE SYLVESTER,Secretary of the Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6,7,and 11.of Orange County,California,do hereby certify that the above and foregoing Resolution Mo.80-62 was regularly passed and adcpted at a regular meeting of said Boards on the 9th day of April , 19 80, by the following vote,to wit: AYES:Marvin Adler,Philip Anthony,Ruth Bailey,Marion Corbett, Worman Culver,Dçnald Fox,Henry Frese,Donald Holt,Jr., Bernard Houston,Elvin Hutchison,Jane Kirkpatrick,Melvin LeBaron,.Bob Mandic.,Don Mcliuiis,..Edison Miller, Bob Perry,Lester Reese,Thomas Riley,Earl Roget,Donald Roth,Howard Rowan,Harold Kent Seitz,James Sharp,Don Smith,Roger Stanton,Donald Strauss,Charles Sylvia, Bill Vardoulis,James Wahner,James Ward,Henry Wedaa, Martha Weishaupt,Ralph Welsh,Jr.,Ra.yWilliains,Duane Winters and Harry Yamamoto NOES:None ABSENT:Ron Pattinson and Paul Ryckoff IN WITNESS WHEREOF,I have hereunto set my hand this 9 day of April , 1980 .,“~. ~ B94~s of Dir tors,County ~i(itat~bn Districts Nos.1,2, 3,5,6,7,and 11 of Orange County,California S-b’