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CC RES 1996-026RESOLUTION NO. 96 -26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES GRANTING LIMITED POWER OF ATTORNEY TO THE CONSOLIDATED SEWER MAINTENANCE DISTRICT TO NEGOTIATE ON THE CITY'S BEHALF WITH THE FEDERAL EMERGENCY MANAGEMENT AGENCY ( "FEMA") AND THE CALIFORNIA OFFICE OF EMERGENCY SERVICES ("OES") FOR DISASTER RELATED EXPENSE REIMBURSEMENT FOR THE TARAPACA SEWER REALIGNMENT PROJECT THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, heavy storms in recent years -have caused significant damage to public works and facilities in the City of Rancho Palos Verdes, including the sewer and wastewater disposal facilities, including the Tarapaca sewer; and WHEREAS, the City has identified the Tarapaca Sewer Realignment project as an important disaster - related repair project necessary for the protection of public health, safety, and welfare; and WHEREAS, the City is the owner of the Tarapaca sewer, while the Consolidated Sewer Maintenance District maintains the sewer; and WHEREAS, City, District, and County funds are not available to cover the entire cost of the Tarapaca Sewer Realignment project; and WHEREAS, disaster - related expense reimbursement funds may be available from FEMA and OES; and WHEREAS, FEMA, OES, and the County of Los Angeles on behalf of the Consolidated Sewer Maintenance District have requested that the City, as owner of the Tarapaca sewer, grant a Limited Power of Attorney to the Consolidated Sewer Maintenance District to apply to, and negotiate with, FEMA and OES regarding the disaster related expense reimbursement funds; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY RESOLVE: Section 1: The City Council of the City of Rancho Palos Verdes hereby grants the following Limited Power of Attorney for Specified Transactions: a. The City of Rancho Palos Verdes, California ( "the City "), a municipal corporation, appoints the Consolidated Sewer Maintenance District and its duly authorized representatives ( "the agents ") as the City's true and lawful attorney - in -fact, subject to the description of appointment and limitations. The agents may, in the City's name, place, and stead: 1. Apply for disaster related expense reimbursement funds, and any other applicable funds, grants, or reimbursements available now or in the future from FEMA and /or OES to fund the Tarapaca Sewer Realignment project; and 2. Negotiate on the City's behalf with FEMA and /or OES regarding the terms and conditions of funding for the Tarapaca Sewer Realignment project. b. This grant of Limited Power of Attorney is strictly limited as follows: 1. The agents shall not encumber any real property or commit the City to any expenditure or repayment of funds without prior authorization from the City Council. 2. The agents are empowered to act on the City's behalf only with regard to the transactions and project described in paragraph (a) above. 3. This Limited Power of Attorney shall automatically expire one (1) year from the date of its adoption, unless it is extended by the City Council. 4. This grant may be terminated at any time and for any reason by Resolution of the City Council and upon three (3) days written notice to the agents. 5. The agents shall provide complete status reports to the City Manager or his designee upon request. 6. The agents shall provide to the City Manager or his designee copies of any documents submitted to FEMA and /or OES on the City's behalf. C. The City ratifies and affirms all that the agents shall do or cause to be done pursuant to the terms of this Limited Power of Attorney, and third parties shall be entitled to rely on such actions. Section :The City Clerk shall certify to the adoption of this Resolution, and shall transmit certified copies of the same to the County of Los Angeles Department of Public Works on behalf of the Consolidated Sewer Maintenance District, through their designated representative[s] as identified by the Department of Public Works. RESOL. NO 96 -26 PAGE 2 PASSED, APPROVED, AND ADOPTED THE 2nd DAY OF APRIL, 1996. �mAybR ATTEST: Cl CLERK State of California ) County of Los Angeles )ss City of Rancho Palos Verdes ) I, JO PURCELL, City Clerk of The City of Rancho Palos Verdes, hereby certify that the above Resolution No. 96 -26 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on April 2, 1996. ity Clerk RESOL. NO 96 -26 PAGE 3