Resolution Number 80-3-5-6351
RESOLUTION NO. 80-3-5-6
DESIGNATION OF LOCAL AGENTS -
FEDERAL DISASTER RELIEF FUND
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, DESIGNATING
LOCAL AGENTS FOR FEDERAL DISASTER RELIEF FUND
PURPOSES
WHEREAS, the County of Orange was recognized as a
disaster area on February 20, 1980, by the Governor of the State
of California; and,
WHEREAS, the County of Orange was declared a disaster
area on February 22, 1980, by the President of the United States
thereby making local agencies eligible for Federal Disaster
Assistance; and,
WHEREAS, the City of San Juan Capistrano, located
within the boundaries of the County of Orange, has incurred
extensive damages eligible for disaster assistance.
NOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of San Juan Capistrano hereby authorizes William D.
Murphy, Director of Public Works, and/or James S. Mocalis, City
Manager, to execute for and in behalf of the City of San Juan
Capistrano, 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.
BE IT FURTHER RESOLVED that the City of San Juan
Capistrano, 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 hereto as Exhibit "A".
PASSED, APPROVED AND ADOPTED this 5th day of
March , 1980 , by the following vote, to wit:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
ATTEST:
XENNETH E. F I SS, MAYOR
I�?LE�Z�
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352
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Resolution No. 80-3-5-6 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 5th day of
March 1 1980 .
(SEAL) ?,1 � 1
RY ANN 1,WOVER, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
and says:
AFFIDAVIT OF POSTING
MARY ANN HANOVER, being first duly sworn, deposes
That she is the duly appointed and qualified City
Clerk of the City of San Juan Capistrano;
That in compliance with State laws of the State of
California and in further compliance with City Resolution
No. 79-2-21-7 and on the 7th day of March , 1980 ,
she caused to be posted:
RESOLUTION NO. 80-3-5-6
being: DESIGNATION OF LOCAL AGENTS -
FEDERAL DISASTER RELIEF FUND
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, DESIGNATING
LOCAL AGENTS FOR FEDERAL DISASTER RELIEF FUND PURPOSES
in three (3) public places in the City of San Juan Capistrano,
to wit:
The Administration Building;
The San Juan Hot Springs Dance Hall;
The Orange County Public Library.
�A2i
R ANN �} VER, CAtfC 1 e rk
San Juan Capistrano, California
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-2-
353
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 govermnent for any deficiencies not resrrlved to the satisfaction of the Regional
Director.
The Applicant Certiflea:
N. That (to the best of his knowledge and belief) the disaster relief work described on each Federal Disaster Assistance Admin-
istiation (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) (landbooks.
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 Apnea:
C, To (1) provide without cost to the United Slates all lands, casements, 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 K 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 benents of, or be otherwise subjected to discrimination under any program or activity for
wlueh the Applicant received Federal financial assistance from the Agency and HEREBY CIVFS ASSURANCF Tl1AT it will
immediately take any measures necessary to effectuate this agreement.
1. That it 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 purpssse 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
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.
J. haat the 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 dale 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 shag have the right to seek judicial enforcement of this assurance. This assurance is
binding on the Applicant, its successors, transferees, and assigness, and the person or persons whose signatures appear on the
reverse 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 assistance
for acquisition 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.
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
standards, Including safe land use and construction practices.
Id. 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.
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