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HomeMy WebLinkAbout2009-02-23 09-088 RESOLVECOUNCIL ACTION Item No_ r 9 0 8 Date: February 23, 2009 Item/Subject RESOLVE, Assuring and Certifying the City's Compliance with Certain Requirements for the City's Participation in the Neighborhood Stabilization Program under the Housing and Economic Recovery Act of 2008 Responsible Department: Community & Economic Development Commentary: Community Development Block Grant Neighborhood Stabilization Program regulations require that the City certify it will comply with the laws and regulations of the Neighborhood Stabilization Program contained in this Council Resolve. Manager's Comments: Associated Information: Budget Approval: Legal Approval: Introduced for X Passage First Reading Referral Department Head ManagerCity Finance Director Page _of_ 09 088 Assigned to Councilor Nealley February 23, 2009 CITY OF BANGOR (TITLE.) Resolve, Assuring and Certifying the City's Compliance with Certain Requirements for the City's Participation in the Neighborhood Stabilization Program under the Housing and Economic Recovery Act of 2008 WHEREAS, the City of Bangor wishes to execute the Neighborhood Stabilization Program utilizing Neighborhood Stabilization Funds under Title III of the Housing and Economic Recovery Act of 2008 and regulations under Title I of the Housing and Community Development Act of 1974; and WHEREAS, Section 104 of the Housing and Community Development Act of 1974 and Section 570.303 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 RESOLVED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT The City of Bangor hereby assures and certifies that it will comply with the assurances for the following Neighborhood Stabilization Program Certifications. CERTIFICATIONS: 1. Affirmatively Further Fair Housing -- The City of Bangor will affirmatively further fair housing, which means that it has conducted an analysis to identify impediments to fair housing choice within its jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintains records reflecting the analysis and actions in this regard. 2. Anti -lobbying. The City of Bangor will comply with restrictions on lobbying required by 24 CFR part 87 with disclosure forms, if required by that part. 3. Authority of City of Bangor. The City of Bangor possesses the legal authority to carry out the program(s) for which it is seeking funding, in accordance with applicable HUD regulations and other program requirements. 4. Consistency with Plan. The housing activities to be undertaken with NSP funds are consistent with its consolidated plan, which means that NSP funds will be used to meet the congressionally identified needs of abandoned and foreclosed homes in the targeted area set forth in the State of Maine's substantial amendment. S. Acquisition and relocation. The City of Bangor will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of IN CITY COUNCIL February 23, 2009 Pas d # 09-088 ITY CLERK R F. S n T. V F (TITLE) AQcnring and ratifying the City's compliance with certain Requirements for the City'n Parririp2tian ;n tha Na3ghhorhood Stabilization Program under the Housing and Rpo-o ni c RPcomazyAct- of 2002 Assigned to Councilor 1970, as amended (42 U.S.C. 4601), and implementing regulations at 49 CFR part 24, except as those provisions are modified by the Notice for the NSP program published by HUD. 6. Section 3. The City of Bangor will comply with section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u), and implementing regulations at 24 CFR part 135. 7. Citizen Participation. The City of Bangor is in full compliance and following a detailed citizen participation plan that satisfies the requirements of Section 24 CFR 91.105 or 91.115, as modified by NSP requirements. S. Following Plan. The City of Bangor is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by the State of Maine. 9. Use of funds in 18 months. The City of Bangor will comply with Title III of Division B of the Housing and Economic Recovery Act of 2008 by using, as defined in the NSP Notice, all of its grant funds within 18 months of receipt of the grant. 10. Use of funds <120 of AMI. The City of Bangor will comply with the requirement that all of the NSP funds made available to it will be used with respect to individuals and families whose incomes do not exceed 120% of area median income. 11. Assessments. The City of Bangor will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108 loan guaranteed funds, by assessing any amount against properties owned and occupied by persons of low- and moderate - income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if NSP funds are used to pay the portion or a fee or assessment attributable to the capital costs of such public improvements (assisted in part with NSP funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. In addition, with respect to properties owned and occupied by moderate -income (but not low-income) families, an assessment of charge may be made against the property with respect to the public improvements financed by a source other than NSP funds if the City of Bangor certifies that it lacks NSP or CDBG funds to cover the assessment. 12. Excessive Force. The City of Bangor certifies that it has adopted and is enforcing: (1) a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and (2) a policy of enforcing applicable State and local laws against physically barring entrance to or exit from, a facility or location that is the subject of non-violent civil rights demonstrations within its jurisdiction. 13. Compliance With anti -discrimination Laws. The NSP grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 U.S.C. 3601-3619), and implementing regulations. 14. Compliance with lead-based paint procedures. The activities concerning lead-based paint will comply with the requirements of Part 35, subparts A, B, ], K and R of this title. 15. Compliance with Laws. The City of Bangor will comply with applicable laws. Signature of Authorized Official City Manager Title February 23, 2009 Date