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HomeMy WebLinkAboutCC Res 2749 1978-03-13 . I I I RESOLUTION NO. dl7 tI r A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE APPLICATIONS FOR DISASTER RELIEF FUNDS ON BEHALF OF THE CITY. WHEREAS, the City of Seal Beach sustained property damage in the public rights-of-way during recent winter storms; and WHEREAS, Orange County, California, has been declared a disaster area; and WHEREAS, the City of Seal Beach qualifies for certain Federal financial assistance under the Disaster Relief Act (Public Law 288, 93rd Congress ); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Seal Beach that Gary E. Johnson, Director of Public Works, is hereby authorized to execute for and in behalf of the City of Seal Beach, a public entity established under the laws of the State of California, ah~application and to file it in the appropriate State office for the purpose of obtaining certain Federal financt-a1 assistance under the Disaster Relief Act (Public Law 288, 93rd Congress) or otherwise available from the President's Di'saster Relief Fund. AND FURTHER BE IT RESOLVED that the City of Seal Beach, 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 (HUD) for all matters pertaining to such Federal disaster assistance the assurances and agreements attached in Exhibit A and made a part hereto. PASSED, APPROVED, AND ADOPTED by the City Council of the Cit~f Seal Bea~h, California, at a meeting thereof on he ~01~ day Of~~ 1 ~78, by tlie fo 1:1 owing vot AYES: Counci 1 members NOES: Councilmembers ABSENT: Councilmembers ~~~,~~ Mayor ATTEST:. .. -'.,. .' '" ". -. ~ . ~". ":'-~ ........ r.". ...fII.......... .. .~.... a . _. '" / *.: . ........ ...."\, . ................ ... ...."" ... ). I 1 1 . Resolution Number. ASSURANCES A. The State agrees to take necessary action within State capabilities to require compliance with these assurances by the applicant or to assume responsibility to the Federal government for any deficiencies not resolved to the satisfaction of the Regional Director. THE APPLICANT CERTIFIES: B. That (to the best of his knowledge and belief) the disaster work described on each Federal Disaster Assistance Administration (FDAA) Project Application for which Federal financial assistance is requested is eligible in accordance with the criteria contained in 24 Code of Federal Regulations, and 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 beneftts 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 (1) provide without cost to the Uni'ted States all lands, easements, and rights-of-way necessary for accomplishment of the approved work; (2) hold and save the United States free from damages due to the approved work or.Pederal funding. H. To comply with Title Vt of the Civil Rights Act of 1964 (PL 88-352) and all requirements imposed by the Federal Disaster Assistance Administration pursuant to that Title to the end that, in accordance wtth 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 economtc status, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discri'mination under any program or activity for which the Applicant received Federal financial assistance from the Agency and HERE8Y GIVES ASSURANCE THAT it will immediately 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 retai'ns ownership 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. -1- EXHIBIT A , I 1 I . Resolution Numbe;- J. That the assurance is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, reimbursements, advances, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Applicant 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 resolution are authorized to sign this assurance on behalf of the Applicant. To obtain and maintain an~ flood insurance as may be required for the life of the project(s) for which Federal financial assistance for acquisiti'on or construction purposes for buildings or mobile homes was provided herein; and. to obtain and maintain any other insurance as may be reasonable, adequate and necessary to protect against further loss to any property which was replaced, restored, repaired or constructed with this assistance. K. 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, speci'fications 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 standards, includi'ng 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 clearance determination, if this is required. L. -2- - I I Resolution Number DESIGNATION OF APPLICANT'S LOCAL AGENT RESOLUTION BE IT RESOLVED BY City Council OF City of Seal Beach (GoV6n/n6 Body) (Public Entity) THAT Gary E. Johnson Director of Public Works (No"" 0/ !ncumbtm,) (O/{rcioll'ori'ioll) Is hereby authorized to execute for and in behalf of Ci ty of Seal Beach . a public entity established ander the IBws of the State of r.~, ; for"; ~ this applicalion and 10 rate il in the appropri:lte State office for the purpose of obtaining certain Federal finanei:ll Issistance under the Disaster Relief Act (Public Law 288, 93rd Congress) or otherwise Ivailable from the Presidenl's Disaster Relief Fund. THAT ~ity of Seal Beach ,a public entity eslablishedunder IheIBwsof the Slaleo( Ca 1 i form a . h_by luthorizes ils Igenllo provide to Ihe Sllte and 10 Ihe Federal Disaster Assistance AclmInislrallon (FDAA), Department of Housing and Urban Development (HUD) for all mailers pertaining to such Federal disaster assistance the assurances and agreements printed on the reverse side hereof. ra-d and approved lhis , 3th day of March See attached resolution Number 274~ (N,,,,,.ond Title) . ,1978 (Nome O1Id Title) . (N.mctmd Titie) CERTlFICATlO~ I, Jeroys Weir City of Seal Beach ,duly :ii~~p'Iicy. of the City Clerk (Ti'k) ,do hereby certify lIialthe above is a true and correct copy of a raolulion passed and approved by the Ci tv Council (Go."ni", Body) March ,19lS... of thp. Co; ty of Seal Beach (I'llllllc Entity) on the 13th day of Dale: City Clerk (Of/ic'" /'olilion) HUD.490 (9.74) ReplBCM Previous EdItion and OEP Form 231 Which I, Obsolete ... " ASSURANCES . A. ne State apee. to take nc:ce~!IillIY action within Stolte capabJliliel to reC'jui:o compUa"co with these assurances by tbe apptic:anl or to uswne lespon$1,"biB.ty to the Fede,31 government for any delicienaes not resolved to the satisfaction oC the Kesior.a1 Director. ... Tho Appn..nt Cortiflol' B. nal (10 Ibe boll or his knowk:d;e arul bolieO the dislUler reUer wo'" described on e""h Federal Disaster AlslSl..... Admin- IstraUon (FDAAl Project Application ror which Frderal r""1"'ialassistance i. Jequested is eligibla in accorda_ "lib lito criteria oonlainod in 24 Code or Frdoral lle8ulationl. and FDM llIUD) Handbook.. c. nIt 1111 the.lepl entity responsible Ultder I:Iw ror Ibe perronnance or the work detailed or accepl. such respoDsibllilY. D. That tho emergency or disaster reUd work 1h:rein described for which Federal assistance is requested hereunder does Dot 01 wi8. aot dupUcato benefits receifed for the same Iolas from another source. - I E. nit all informatlonJl:iven by it herein is. to the best or its knowledp and beaer. true. and correct. F. nat aU.finaneiala..islan.e JecoJ.ed uoder Ihi. application wlU be. or l.as been. expended In acc01dam:e wilb appUeabllllaw and reguJallollS lhereunder. . TIut App_ AI....: c. To (1) provide ",ithout cost to tlte United Slates aU Ia..,ds. easements. and rights""'",,,ay necnsary for Iccomplilhment of th,.~ proved work: (2) h01il and save the United State. rrce rrom damages due to the apprond work or FederaJ. rUndinJ. H. To campI)' with TiUe VI or Ihe Civil KishlS A."\ or 19/;4 (PL 88-352) IlId aU requlremenll imposed by Ihe Fede..l Di...ler A.. Illtan.z Administration pursuant to that Title co the end that. in accordance with Title VI of th3t Act and the Regul::ition. no persoD in the United States sh,lll. on thr. ,ground of rate. color, rtligion. nationality. :sex, age. or economic statu.. be exduded from partic\pation In. be donied the- benefits of, or be otherwiR: su.bjected to discrimination under any program or activity ror which Ibe AppliCIIII recei.ed Federal financial a5li.llUICe flom I"" Aaoocy IIId HEREBY GIVES ASSURANCE mAT it will . immecllatdy take any meaS'ircs necessary to effectuate this Kgreancnt. I. That Irany real psopeny or .Iro.tu", th._n is plllYided or improved wllh the aid or Federal r...ancialasslstanee eXlended to the Applic:ant by the Federal Disaster A'I"'stllnce Administration. this IJ,suranec shall obUgate tho AppJitant. or In the case or any transfer or such ptoperty, otny tra.nsferee. fOY the period during '-hich the real property or structure Is uMd for. purpose for which the Federal financial a.ssbtance is ex tended or for another purpose involving the provision of sir.U1ar services Of . booefill. Ir any personal plOperlY I. '" provided. this ...urance shan oblipte Ibe Applleant ror Ibe period dnri... whieh It relain. ownership or posses.ion of Ibe property. In aU other ""....thi. ."urance .hall oblsote Ih. Applicant ror the period duti.. whlch Ibe Federal rUlaneW 81_ce \I Oltlerulecllo il by FDAA. J. Thallhe OIIUraDCO II given in eOll>idel.tion of and ror t"" purposa of oblaining any and all F.deral granl..I08l\s;I.lmb.... mellt., adYlDt'eS. contracts. property, diSC'l,)unts or othct Federal financial assisbnce extended after the data hereof to thc Art- I pliCUlt by FDAA. that such fedaral rUlan&.:i,,1 3wstance will be e.x.tended in rcUaoo: Gn the teplaentations and lJO'eemtntl made in thi.lsswance and that the United States ~dlaD have the right to se-:k judlcia.1 enforcement or this .ssurance. 1biI usura....11 bindinS on the App6C3nt. its succeuorl. transferees. and assigness. and the persoll or IMrsons whoae sipllltute.S appcu 01\ the - .reverse ue authori.ted to si.gn this assurance on behalf of the Apphcant. . K. To obtain and maintain any flood insurance a. may be required for the Ufe of the projected fer which Fcder:tl financlaJ asslttance lor .cquisition or cunstruetion purposes for buildinMol ot mobilr homes wal provided herein; and. 10 obtain and m:r.intain any other msurance as may'be reBIDDable. adeqwte and necessary to protect against further 10'51 to any property which was replaced, restored. repaired or constructed. with this assislalJcc. L. nat. as a eondltion ror the gr:mt.llny repairs or construction nnanced herewi1h. shall be (n accordance with applicable standards of tafe". dcc:edl."y and sanitation and in oonformilY with ai'rJ.icahle codes, specifications and standard"i; and. to e\"alua1e the . ~atur.d hilZarJ:s in :U~3" in wlllcl~ thg p,O\:-:e:ds 01 the .t:rJnt 0110,111 ,re to b..: died and take: appropriate action to mllia.te such sqadards, i.ncludinl ,...r. land use 2nd cunstrul.:lion praclices. 'M. Tod.rer rundinSor any psoioe.. in~oM", IIexlble rundln8 uncler Seclion402 or Section 419 unlill'DAA make. a rovMabl. environmental clearance determination. if this is required.