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
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VOTING. NO GRSS ARSENT SODCY
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WITH CERTAIN D TS FOR
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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.