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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.