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Section 14. That the readiness -to -serve charge is imposed by Metropolitan as a rate or charge on its member agencies, and is not a fee or charge imposed upon real property or upon persons as incidents of property ownership, and the water standby charge is imposed within the respective territories of electing member agencies as a mechanism for collection of the readiness -to - serve charge. In the event that the water standby charge, or any portion thereof, is determined to be an unauthorized or invalid fee, charge or assessment by a final judgment in any proceeding at law or in equity, which judgment is not subject to appeal, or if the collection of the water standby charge shall be permanently enjoined and appeals of such injunction have been declined or exhausted, or if Metropolitan shall determine to rescind or revoke the water standby charge, then no further standby charge shall be collected within any member agency and each member agency which has requested imposition of Metropolitan water standby charges as a means of collecting its readiness -to -serve charge obligation shall pay such readiness -to -serve charge obligation in full, as if imposition of such water standby charges bad never been sought. Section 15. That the General Manager and the General Counsel are hereby authorized to do all things necessary and desirable to accomplish the purposes of this Resolution, including, without limitation, the commencement or defense of litigation. Section 16. That this Board finds that the readiness -to -serve charge and other charges provided in this Resolution are not defined as a Project under the California Environmental Quality Act ("CEQA") since. they involve continuing administrative activities, such as general policy and procedure making (Section 15378(b)(2). of the State CEQA Guidelines). In addition, the proposed actions are not subject to CEQA because they involve the creation of government funding mechanisms or other government fiscal activities, which do not involve any commitment to any specific project which may result in a -potentially significant physical impact on the environment (Section 15378(b)(4) of the State CEQA Guidelines). Section 17. That if any provision of this Resolution or the application to any member agency, property or person whatsoever is held invalid, that invalidity shall not affect other provisions or applications.of this Resolution which can be given effect without the invalid portion or application, and to that end the provisions of this Resolution are severable. Section 18. That the General Manager is hereby authorized and directed to take all necessary action to satisfy relevant statutes requiring notice by mailing or by publication. Section 19. That the Board Executive Secretary is hereby directed to transmit a certified copy of this Resolution to the presiding officer of the governing body of each member public agency. I HEREBY CERTIFY that the foregoing is a full, true and correct copy of a Resolution adopted by the Board of Directors of The Metropolitan Water District of Southern California, at its meeting held on March 11, 2008. Board Executive Secretary The Metropolitan Water District of Southern California 0