HomeMy WebLinkAbout1978-11-27 30 AG RESOLVE30 AG
Introduced by Councilor Soucy, November 27, 1948
CITY OF BANGOR
(TITLE) �RM0111e, A tho icing Execution of anAg areat:.for Public Body _
Approval of Section 312 Rehabilitation Lonna," and Designating Officials
A thorized to Approve Swh rnwa on Behalf of the C__ity, or Bengpr,,_,,,_,,,,,,,,,,,
BY Cum CCaMB off City ofDatw:
BSWI.VSD, WHKKEAS, under section 312 of the Causing Act of 1964, as amended
(herein referred to as Section 312), the Secretary of Reusingend. Urban Develop-
ment is authorized, order the conditions aM to the extent provided therein, to
make loans (Section 3.12 lows) to owners and tenants of property in certain areas
for the rehabilitation of their property and todelegate to o e w agent any
local public agency or organization to the w1wvt he determines we
and
desirable to carry out the objectives of Section 312 in the areas involved: and
WHEREAS, Title VL of the Civil Rights Act of 1964 prohibits dis-
crimination on the basis Of ra color or national origin under any program or
activity receiving Federal financial assistance and Executive Codes nO63 wo-
Units discrimination on basis oP race, .color, creed or national origin i.a sale,
lease or other disposition of residential property (including lord intended for
residential use) or is the we or occupancy, thereof. and
WHEREAS, the City of Bangor has responsibility and jurisdiction
to carry out one or wre Urban Renewal Projects, Neighborhood Development Programs,
Concentrated Cede Roforcwaft Programa, or Certified Area Programs in an area or
crew delineated in the applicable Urban Renewal Plan, Grant Contract for Code
Enforcement Prcgran, or Grant Contract for Certified Area Program, in which
Section 312 loans are authorized to be made; and
WHEREAS, it is desirable end will significantly benefit the rebablli-
tation objectives of all seek projects and wegrams administered by the City of
Bangor for the City oY Bangor to have direct approval authority, with respect to
Section 312 lows:
HOW, THERZFORE, BE IT'RBsoLm BY THE CITY COUNCIL OF m CITY OF
BAR OR:
1. That the City Manager of the City of Bangor is hereby
authorized end directed to execute on behalf of the City
of Barger an "Agreenent for Public Body Approval of Section
312 Rehabilitation Lows," a copy of which is on file in
the Office of the City Clerk, and to act as the authorized
representative of the City of Bangor im connection therewith.
2. That it is cognizant that under an "Agreement for Public
Body Approval of Sectio. 312 Rehabilitation Inane" Section
312loansmay be approved only in accordance with out-
standing policy of the Deparhnent a Housing and Urban
Develolment, as it exists from time to time, and subject
to availability of funds therefor.
3. That the Director of planning coal Community Development
end Community DeveloWeat Fiscal Officer are hereby
authorized to approve, on behalf of the City of Barrgor,
Section 312 loans under the prorieions of Baia Agreement,
and such officials are hereby directed to approve such
loans only in accordance with the policy of the Department
of Hearing and Urban Development, and subject to availability
a funds as determined by that Department.
4. Mat the United States of America end the Secretary of
Housing and Urban Development be, and they hereby am
assured offullcompliance by the City of Bangor with
ll li
regulations of the Department of Housing and Urban Develop-
ment effectuating Title Y of the ivil Adghta Act oY"1964
and applicable Executive Orders.
IN CITY OOUNCM MVWMBKR 27$1978
COMIDER VERT MEETING
CTM LENK` n .
In City Council December 11.1978
Con Oider meetinC January 8,197j'Y
Y C1er
30 AG
RESOLVE
A0 E%ECOTIO� NA ACB6P1
FOR PUBLIC BODY AFIROVAL O ON 312 -
AFN4ARLS AUTH RIZED APPROVE
SUCH
ON SCHAFF OF DIU OF TO APPROVE SUCH LOANS
ON AEHALF_OF CITY OF BANGOR P,
„
IN CITY COONCIL JANUARY 8,1979
PASM AS AMP.NOED
AMENDED 20 PAM, d3 DELETE IN
20 LINE+AND COMMUNITY 11PIELCPMENT FISCAL OFFICER
AAS)PPLACE TIO': WORD ARE WITH TIN WORD IS
5TH LINE THE WORD SUCH TO SAID SAME LINE THE
WORS OFFICIALS TO OFFICIAL ALSO THE WORD AR^ TO
35.
TT n�x�...,...
TY CIF.RK
RMBILTTATIM FINANCIIIO
- HANOEDOK
30 AG
. .. 73 B.L BBV
CNAPTBR 26 APPENDEK 1
AGREEMENT FOR PUBLIC BODY AEPROVAI. OF
GECPION 312 REHABILITATION LOANS
THIS AGREPIIENP, made and entered into an the date' hereinbelow
specified, by and between (tAe Public Body), end the
Vatted States of America (the Government), acting by and through the
Secretary of Housing and Urban Development (the Secretary),
WITNESSETH: In consideration of the mutual covenente, Promises,
and representations contained herein, the parties do agree as follows:
SEC, 1. PURPOSE OF AGREFNE T
The Public Body has responsibility and Jurisdiction to Carry out one
or re Urban Renewal Projects, Neighborhood Development Progreso,
Concentrated Code Enforcement Programs, or Certified Area Programa in
arees delineated in the applicable Urban Sensual Plan, Creat Contract
for Code Enforcement Program, or Grant Contract for Certified Area
program. The processing by the Public Body, Bad submission to the
Department of Housing and Orb" Development for Approval, of
rehabilitation loans under Section 312 of the Housing Act of 1964,
an emended (Section 312 loans) is presently authorized with respect
to one or more of the areas covered by such project [s] or program [a].
The purpose of this Agreement is to extend to the Public Body authority
to approve, In accordance with the regulations, policies, and require
ante thereinafter called regulations) of the Secretary, certain
applications for Battles 312 Loans, subject to verification by the
Secretary of fund availability for an approved loci.
SEC. 2. APPLICABILITY OF APPROVAL AUTHORM
During the term of this Agreement, the Public Body shall have final
authority to approve applications for Section 312 leans with respect
to residential and mixed-use property, which will contain one to fear
dwelling unite after rehabilitation, and which is located in an area
with respect to which the Public Body has Authority to process such
loans, as described Ln Section I hereof. The Public Body shall
exercise such loan approval authority with respect to property In all
such areas
r,
which c under Its Jurisdiction during the term of this
Agreement. encHowever, no loan approval under authority of this Agee
gr
Cshall be valid until the Secretary has determined that funds are
available therefor and h>e notified the Public Body thereof.
Page I
RENAEILTTATIWI MANTISES, - '
7375.1 flet/ 1
SEC. 3. NO2IFI=ON OF FUND AVAILABILIIY
Upon receipt of the documentation required by.the Secretary's
regulations to be submitted with respect to Section 312 loans approved
by a Public Body, the Secretary shall promptly ratify the Public Body
In writing whether sufficient funds are available for the Publicapprov
loan.
SEC. 4. CG@LIANCE NITS GOVERNHENI RECOWTIONS
The loan approval authority granted by this Agreement shell be
exercised in accordance with the procedures end requirements
established by the applicable regulations of the Secretary in effect
from time to time. is particular, the Public Body shall not notify -
an applicant of loan approval until receipt of notice of availability
of funds for the loan Erma the Secretary.
SBC. S. EFFECT OP:FAILURE IO CQVLY
e Crounda for Termination. Failure of Ne Public Body to comply
with the procedures end requirements of the Secretary with respect
--- W loan approval, o with respect to other aspects of .the Section C
312 loss program, are grounds for termination of this Agreement At
the Option of the Secretary. However, such failure shall not
Cate or justify any Claim against the Government on the part of
any third person, and shell not constitute grounds for any third
person to contest the validity of any Section 312 loan approved by
the Public Body under authority of this Agreement and during its
teem.
b. Defend and Hold Harmless. The Public Body will warrant, defend,
end hold harmless the Goverment with respect to all claims and
losses caused by its failure to comply with the regulations of
Cha Secretary end the requirements of applicable State And local -
law in its approval of Section 312 learn under authority of this
Agrawent, and in the subsequent settlement and administration of
IOAAA so approved. In the event the Secretary's regulations and
the requirements of State and local law are inconsistent, the -
Public Body &bell request advice Eton the Secretary prior to
approval of the Section 312 loan.
2/74 Page 2
1
RENABII3TATTON F2NANCENO '
P
7395.1 Ph'0
arkprga 26 APPE02R 1
SEC. b. RES1'RL ION ON OFFICIALS AUTHORIZED 1'O APPROVE LOANS -
The Public Body shall not initiallyj or at any time during the team of
chin egresses tl confer its auUwrl ty to approve Section 312 loans
under this Agreement upon any officer or employee who exurc'see any
duties or responsibilities in the administration of the Public Bodyls
Section 312 is" Program, including. Without limitation:
a. Preparation of rehabilitation Work writeups or cost estimates, or
of construction contract documents;
B. Obtaining Information with respect to, completing with the
borrower, or processing a Section 3l2 loan loan application or any
of the related documents constituting the loan Application filet
c Selection of ornegotiatim with contractors to perform the
rehabilitation work;
d. Authorization of dtsburaments from the rehabilitation escr
account, or signing or coOnteraigning of checks drawn an the
rehabilitation escrow account;
c inspection of the rehabilitation work to ascertain Mather the
Work Is completed or for the Purpose o£ eutMrizing any Partial
payment requested by a Contractor; Or
f. Authorization of Signing or signing of Form SUD-6245, Certificate
of Final Inspection.
S;:C. ]. OMISSION OF DOCUMENTATION
Pereptly upon approval of a Section 312 loan by an appropriate Official
of the Public Body, the Public Body shall assemble and transmit to the
Secretary the documentation required to be submitted With respect to a
Section 3I2 loan approved by a Public Body, In accordance with such
requirements and regulations of the Secretary as shalt be in effect
from time to time. The Public Body shall also promptly submit copies
as required of any resolutions affecting the Identity of Public Body
officials authorized to approve Section 312 loans under the agreement,
any notices of the Public Body's determination to cancel this Agree-
ment, any other required documentation o reports, Ina ordanc
withsuch requirements and regulations. - -
Page 3
RENABII3TATTON F2NANCENO '
P
7395.1 Ph'0
arkprga 26 APPE02R 1
SEC. b. RES1'RL ION ON OFFICIALS AUTHORIZED 1'O APPROVE LOANS -
The Public Body shall not initiallyj or at any time during the team of
chin egresses tl confer its auUwrl ty to approve Section 312 loans
under this Agreement upon any officer or employee who exurc'see any
duties or responsibilities in the administration of the Public Bodyls
Section 312 is" Program, including. Without limitation:
a. Preparation of rehabilitation Work writeups or cost estimates, or
of construction contract documents;
B. Obtaining Information with respect to, completing with the
borrower, or processing a Section 3l2 loan loan application or any
of the related documents constituting the loan Application filet
c Selection of ornegotiatim with contractors to perform the
rehabilitation work;
d. Authorization of dtsburaments from the rehabilitation escr
account, or signing or coOnteraigning of checks drawn an the
rehabilitation escrow account;
c inspection of the rehabilitation work to ascertain Mather the
Work Is completed or for the Purpose o£ eutMrizing any Partial
payment requested by a Contractor; Or
f. Authorization of Signing or signing of Form SUD-6245, Certificate
of Final Inspection.
S;:C. ]. OMISSION OF DOCUMENTATION
Pereptly upon approval of a Section 312 loan by an appropriate Official
of the Public Body, the Public Body shall assemble and transmit to the
Secretary the documentation required to be submitted With respect to a
Section 3I2 loan approved by a Public Body, In accordance with such
requirements and regulations of the Secretary as shalt be in effect
from time to time. The Public Body shall also promptly submit copies
as required of any resolutions affecting the Identity of Public Body
officials authorized to approve Section 312 loans under the agreement,
any notices of the Public Body's determination to cancel this Agree-
ment, any other required documentation o reports, Ina ordanc
withsuch requirements and regulations. - -
Page 3
REIABIRTTATION FAUNCINO �
T375.1 REv
CHATTER 26 APPENDIX 1
,
Ci
SEC. P, 9@ERVISION, ADMINISTRATION. AND INSPECTION
The Public Body shell, at all proper Clines, provide or cause to be
providedcompetent and adequate architectural, engineering, financial
end other technical supervision And Inspection of rehabilitation work
financed by Section 312 loans approved under this Agreement. The
Public Body shall keep full and accurate books and records with respect
to Section 312 loans approved under this Agreement,and with respect
o its administration of the Section 312 loan program, and shall
maintain them In accordance with such requirements end regulations of
the Secretary as shall be in effect from time to thee. The Public
Body shall, at any time during n r al business hem And a often as
as
the Secretary or the Government may deem necessary, permit
Secretary or any other representative of the Government, to Inspect,
-
make encerpte or transcripts of, copy, and Audit such books and
Lords. The Public Body x111 cooperate 1n any inspection of rehabil-
Itetlon work financed by Section 312 loans approved under this Agree-
ment, as deemed necessary by the Secretary or the Government.
. .SEC. 9. COMPLIANCE WITH CIVIL RIGHTS ACT OF 1964
the Public Body will perform its activities under this Agreement in
Of
accordance with all requirements imposed by, or Pursuant to regulations
of the Secretary effectuating, Title VI of the Civil Rights Act of
1964.
SEC. 10. CANCELLAIION OF APPROVED LOWS
The Secretary reserves the right to cancel Section 312 Lbans approved
by the Public Body, in accordance with the requirements mtl regulations
of the Secretary in effect from time ro tine. Upon receipt of such
notice of c cellatlon, the Public Body mall promptly submit to the
Secretary any documentation requested by him, and shall promptly
refund the mount of the tam Co the Secretary, on account of to
Section 312 Loan Revolving Fund.
SEC. ll. RIGHTS UNDER OTHER CONTRACTS
The rights of the Parties under this Agreement shalt be In addition
to, and not in derogation of, the rights of the parties under any
contract for Federal assistance with respect to any of the Projects or
Programs described In Section 1 hereof under to of the
,jurisdiction
Public Body.
i
2/74 Page kI-
I
. •. REHABIISTaTION F]NAIiCTNO
a.
. EANnmorc
CHAPTER 26 APPENDIX 1
SEC. 12. TEEM OF AGMFNEW
.This Agrement shell be effective from the data hamtnbelow specified
until terminated in accordance with See. 13 hereof.
SEC. 13. TERMINATION OF AGENFHFNT -
a. Automatic Termination. This Agreement SNAIL automatically
zt
teminate en the official date of closeout of the last project or
program (as described in Sec. 1 hereof) under the jurisdiction of
the Public Body, in the area of Mich Section 312 loans are -
authorised. -
b. Termixatjan b9'Pertiea. This Agreement Abell terminate 30 days
en notice Of
after writtintent t0 terminate is sent by ewe Party
to the other, except that, when the Public Body gives notice of
its intent to terminate the Agremsent, the secretary may require
the Public Body to continue under the Agreement for a specified
additional period of time. not to exceed 60 days. In order that
arrangements may be made to accommodate the workload resulting
from the public Body's termination. Notice of termination under
/l. < this subsection may be given by either party for cause or
Cco venience.
hue cion or Teminatlm £or Cause, The Secretary may, for cameo.
e by written notice to the Public Body, require that the Public Body
discontinue immediately the approval of bens under this Agreeme t
pending completion of specified corrective action by the Public
Body, or termination of this Agreement.
SM. l4. EFFECTIVE DATE
This Agreement shall be effective the day of rmmth)
(Year)
BEC. 15. ENBEE PASTS OF AG3E6HENT
This Agreement may be executed in obuneerparts. each of
Mich shall be demand to be en origeach coomterparte shell
constitute one and the same Instrument.
v page 3 2/74
HANDBOOK - v
Afmmorc —�
CHAPTER 26 AFFENDSS 1
IN WITNESS WHEREOF, the Public Body Me caused this Agreement to. ,
be duly executed in its behalf Bud Its seal to be hereunto affixed and
.attested: end, thereafter. the eavernmumt has caused the same to be
duly executed in its behalf this day of ;. 19_
�BEALf .
(Name of Public Body)
(Type or Print Name of Publle Body Of£iciell
(Title)
ATTEST:
UNITED STATES OF AMERICA
Secretary of Housing and Urban Development
BY
(signawre)
Title of Officer Authorized to Execute
2/74 Page 6
sasaE
Introduced Dy CmDoLlor Soucy, November 27, 1978
CITY OF BANGOR
(TITLE.) �RQSDIV91..... _Authorizing Exemtion,or .an......._"A_g..r._ee.sc.ent,for Public Body
..._...... -.... _
_.....__...._..._.__.
Approval of Section 312 Rehabilitation Banat" and Designating Officials
AuthoulzedJoApprcmesual, Loam on BeL,aLf f th„,City_oY )jangoe`__
By the City Courwil of Me City Of Bonne:
RESOLVED, WiSRGE, tinder Section 312 of the Boozing Act of 1964, an scandal
(herein referred to as Section 312), the Secretary of Rovsing and Urban Develop -
east is authorized, under the conditions and to the outset provided therein, to
fulke loans (Section 312 lams) to reason and tenants a property in certain areas
for the reh billtatim of their property and to delegate to or use ” agent cry
local piodic agancy or organization to the extenthe determines appropriate and
desirable to carry out the objectives of Section 312 in the areae involved; and
WHEAE?S, Title vI of the Civil Bights Act of 1964 prohibits dis-
calcination on the basis a race, color or national origin under any, program or
activity receiving Federal financial assistance and 1O:ecutive Order U063 pro-
hibits discrimination on basis of race, color, creed or national origin in sale,
lease or other disposition of residential property (including land intended for
residential use) or in the use or occupancy thereof; and
NBBREAS, the City of Bangor bes responsibility and Jurisdiction
to carry ant me or more Urban Renewal Projects, Neighborhood Development Progia",
Concentrated Code Dnforemient Programs, or Certified Area Programs in an area or
areas delineated in the applicable Urban Renewal Plan, Grant Contract for Code
Enforcement Progress, or Grant Contract for Certified Area Progress, in which
Section 312 loans are authorized to be made; and
sWREAS, it is desirable and will significantly - benefit the rehbill-
tation objectives of all such projects and programs alasuistered by the City of
Bangor for the City of Berger to have direct approval authority with respect to
Section 312 loans:
NOW, TT fF-FORE, RB IT RESOLVED BY ITS CITY COUNCIL OF THE CITY OF,
BANGOR:
1. That the City Manager of the City of Bangor is hereby
authorized and directed to execute an behalf of the City
of Bangor an "Agreenent for Public Body Aaprwal a Section
312 Rehbilitation Loans," a copy of which is on, file In
the Office of the City Clerk, and to act as the arthorized
representative of the City of Bangor In connection herewith.
2. That it is cognizant that under an "Agreement for Public
Body Approval of Section 312 Rehabilitation Eosns" Section
312 loans any be approved only in accordance With Out-
standing policy of the Department of Housing and Urban
Development) as it exists Pram time to times end subject
to availability of donde therefor.
3• That the Director of Planning and CoDmduity2evelopment
xCd.Com=niyv'�..snt Rissaa 99fieer.944 hereby
thorized to approve2 an behalf of .he City of Bangor,
Seat BID 312 loans dgr the provisions of said Agreamm
and rRo officia:m` ase hereby directed to approve such
loans only in accordance with the policy of the Department
of Housing and Urban Development, and subject to availability
of fands as determined by that Department.
4. That the United States of America and the Secretary of
Housing and Urban Development bei and they hereby axe,
assured of full compliance by the City of Bangor with
and
meat effectuatingations of eTitle VI of thrtgant ofe CivilRightsAct ofv 964
and applicable Executive Orders.