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HomeMy WebLinkAbout1979-02-26 172 AG RESOLVE172 AG 2 Introduced by Councilor Soucy, February 26, 1979 CITY OF BANGOR (TITLE) 23mlhg, A !v's.^.q.._and c rtj"....tne Citys comp ince w.th Certain Requirements for Urban Development Action Grant FuuU By We IXq Conaci{ 0dw City o(Bargor: B LLVSD, WhuhfS, the City of Bangor wishes to make an application for and receive Urban Developmeat Action Grant funds under Title I of the Housing and Community Development Act of 1977; and WHRR , Section 1G4 of the Housing end Community Development Act of 1977, and Section 570.456 of Title 24 of the Code of Federal Regulations require that certain certifications and assurances be given by the City of Bangor, NOW, THEREFORE,. BE IT RESOLD➢), by the_C_ty Council of the city of Bangor that the City of Ba or hereby assures and certifies that it will comply with the issurances'Dor the Urban Development Action Great Program attached hereto as "Exhibit A" and consisting of four (4) numbered pages. rw7; I GOUPoCLL Mum 26,1979 PMM W VOLE V IFS 1N0 1 AS M IM AG VOTINO IFS RALDAGCI,RROmmt N E S 0 L V E vmimM,WFYM011PN,gILLEY,uOOD�ZENDZIAPo VOTING. NO GRSS ARSENT SODCY ACCIMM AM fcemiFpia�f. T� WITH CERTAIN D TS FOR ' N V6}7 A�tT—AGRY Azle C CLfliK ' 172 AGE IT AA U.S. DEPARTMENT OF HOUSING ARD URBAN DEVELOPMENT URBAN DEVELOPMENT ACTION CRAFT PROGRAM ASSURANCES The applicant hereby assures and certifies with respect to the grant that: - (i) It possesses legal authority to apply for the grant, and to execute She_nropose9 Project .._._.. (2)- Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the filing of the - application, including all understandings and assurances contained therein, and directing and designating the authorized representative of the applicant to act in connection with the application and to - provide such additional information as may be required. (3) It has complied with all the requirements of'OMB Circular A-95 as modified by Subpart G__and that either" -- (i) any comments and recommendations made by or through clearinghouses are attached and have been considered prior to submission of the application; or (ii) the required procedures have been followed and no comments or recommendations have been received. (S) Prior to submission of Its appR kation, the applicant has (i) - prepared and followed a written citizen participation plan, which plan provides the opportunity for citizens to participate in the development of the application, with special attention to measures to encourage the statement of views and the submission of proposals by low -and -moderate income people and residents of blighted neighborhoods, and to scheduling hearings at times and locations which are convenient to all citizens; (ii) provided citzens with adequate information concerning the amount of funds available for proposed activities, the range of activities that may be undertaken, and other important program requirements; (iii) held public hearings to obtain the views of citizens, of which at least one hearing was held on needs which may be dealt with under Subpart G and at least one hearing was held on the application prior to official action authorizing submission of the application. (5) Its chief executive officer or other officer of applicant approved by HUD: (i) Consents to assume the status of a responsible Federal official under the National Environmental Policy Act of 1959 insofar as the Provisions of such Act apply to the applicant's proposed project Pursuant to 24 CFR 570.603; and 4 (MIS authorized and consents on behalf of the applicant to accept the jurisdiction of the Federal, courts for, the: purpose of enforce- ment of his responsibilities as such an official. (6) The Urban Development Action Program is consistent with the Community Development Program and the Housing Assistance Plan. (7) �It will comply with the regulations, policies, guidelines and require- ments of Federal Management Circular 74-4 and OMB Circular A-102, as they relate to the application, acceptance and use of Federal funds for this federally -assisted program, - - �(8) It will administer and enforce the labor standards requirements set forth in Section 570.605 and HUD regulations issued to implement such require- ments. (9) It will Comply with all requirements imposed by HUD concerning special requirements of law, program requirements,and other administrative re- quirements approved in accordance with ONS Circular A-102. (10) It will comply with the provisions of Executive Drder 11296, relating to evaluation of flood hazards. (11) It will comply with: (i) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and the regulations issued pursuant thereto (24 CFR Part 1), which provides that no person in the United States shall on the ground of race, color, ornational-ortgfn,-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 and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the applicant, 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 provisions of similar services or benefits. (55) Title VIII of the Civil Rights Act. of 1968 (P.L. 90-284) as :amended[ administering all programs and activities relating to housing and community development in a manner 20 affirmatively further fair housing; and will take action to affirmatively further fair housing in the sale or rental of housing, the financing of housing, and the Provision of brokerage services within the applicant's jurisdiction. (iii) Section 109 of the Housing and Community Development Act of 1974, and the regulations issued pursuant thereto (24 CF.R Part 570.601),which Provides that no person in the United States shall, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, arty program or activity funded in whole or in part with Title I funds. Yage 2 of ,4 (iv) Executive Order 11063 on equal opportunity in housing and non- discrimination in the sale or rental of housing built with Federal assistance. (J) Executive Order 11245, and all regulations issued pursuant thereto (24 CFR Part 130) which provides that no Person shall be discrimin- ated against on the basis of race origin in all phases. of employment, color, religion, sex or national during the performance of Federal or federally -assisted contracts. Such contractors. and subcontractors shall take affirmative actions to insure fair treatment in employ- ment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation and selection for training and apprenticeship. NO Section 3 o the Housing and Urban Development Act of 1968,.as amended, requiring that to the great testextent feasible, opportunites for training and employment be given lower income residents of the project area and contracts for work in connenction with the project be awarded to eligible business concerns which are located in, or owned in substantial part by, persons resf diag.in the area.of the project. _. .- (12) It will: - - - (i) In acquiring real property in connection with the urban development action grant program, be guided to the greatest extent practicable under State law, by the real property acquisition policies set out under Section 301 of the Uniform Relocation Assistance and Peal Property Acquisition Policies Act of 1970 (P.L. 91-646), and the Provisions of Section 302 thereof: (ii) Pay or reimburse property owners for necessary expenses as specified in Section 302 and 304 of the Act; and (iii) Inform affected persons of the benefits, policies and procedures provided for under HUD regulations (24 CFR Part 42). (13) It will: - (i) Provide fair and reasonable relocation payments and assistance in accordance with Sections 202, 203,. and 204 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1990, and applicable HUD regulations (24 CFR Part 42), to or for families, individuals, partnerships, corporations, or associations displaced as a result of any acquisition or real property for an activity assisted under the program; (ii) Provide relocation assistance programs offering the services des- cribed in Section 205 of the Act to such displaced families, in- dividuals; partnerships, corporations or associations in the manner provided under applicable HUD regulations; (iff) Assure that, within a reasonable time prior to displacement, decent safe and sanitary replacement dwellings will be available to such dis- placed families and individuals in accordance with Section 205(c)(3) Of the Act, and that such housing will be available in the same range of choices to all such displaced persons regardless of their race, color, religion, national origin, sex, or source of ancome; E se 3 Of 4 + (iv) Inform affected persons of the.benefits, policies, aad procedures e provided for under HUD regulations; and - (v) Larry out the relocation process in such d manner as to provide such displaced persons with uniform and consistent services, including any services required to insure that the relocation process does not result in different or separate treatment to such displaced persons on account -of their race, color, religion, national origin, sex, or source of income. (14) It will establish safeguards to Prohibit employees from using positions for purposes that are or give the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. - (15) It will comply with the provisions of the Hatch Act which limit the Political activity of employees. (16) It will give HUD and the Comptroller General through any authorized re- presentative access to and the right to examine all records, books, papers, or documents related. to the grant. (17) it will insure that the facilities under its ownership, lease, or super- vision which shall be utilized in the accomplishment of the project are not listed an the Environmental Protection Agency's (EPA)list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be utilized in the project is under considerati On for listing by the EPA. (18) It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 9973, Public Law 93-234, 87 Stat. 975; approved December 31, 1976. Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. (19) It will require the facility to he designed to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped," Number AI17.1-1961, as modified (41 CFR 101-17.703). The applicant will be responsible for conducting inspections to insure compliance with these specifications. by the contractor.