3341 CDBG ComplianceI
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RESOLUTION NUMBER 3341
A RESOLUTION GRANTING ASSURANCES TO THE U. S. DEPARTMENT OF HOUSING.
AND URBAN DEVELOPMENT THAT THE CITY OF SALINA WILL COMPLY WITH CERTAIN FEDERAL
LAWS HEREINAFTER SET FORTH.
BE IT RESOLVED by the Governing Body of the City of Salina, Kansas:
Section 1. That in connection with the amended third year's Community
Development Block Grant Program Application the City.of Salina, hereinafter
referred to as the "Applicant", gives assurance to the U. S. Department of
Housing and Urban Development and certifies that:
(1) It possesses legal authority to apply for the grant, and to
execute the proposed program.
(2) Its governing.body has duly adopted or passed as an official act
a resolution, motions 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 No.
A-95 as modified by Sections 570.300.(c) (for entitlement :>
applicants) or 570.400(d) (for discretionary applicants) 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.
(4). Prior to submission of its application, the applicant has:
(i) Provided citizens with adequate information concerning the
amount of funds available for proposed community development
and.. housing activities,. the range of activities that may be
undertaken, and other important program requirements;
(ii) Held at least two public hearing to obtain the views of
citizens on community development and housing needs; and
(ii.i) Provided citizens anadequate opportunity to articulate
needs, express preferences about proposed activities,
assist in the selection of priorities, and otherwise to
participate in the development 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
officer under the National Environmental Policy Act of 1969
insofar as the provisions of such Act apply to the applicant'E
proposed program pursuant to 24 CFR 570.603; and
(ii) Is authorized and consents on behalf of the applicant and
himself to accept the jurisdiction of the Federal courts for
the purpose of enforcement of his responsibilities as such
an official.
(6) The Community Development Program has been developed so as to
give maximum feasible priority to activities which will benefit
low or moderate income families or aid in the prevention or
elimination of slums or blight. Where all or part of the community
development program activities are designed to meet other community
development needs having a particular urgency, such needs are
specifically described -in the application under. the Community
Development Plan Summary.
(7) It will comply with the regulations, policies, guidelines and
requirements of Federal Management Circulars 74-4 and 74-7, 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 requirements.
(9) It will comply with all requirements imposed by HUD concerning
special requirements of law, program requirements, and other
administrative requirements approved in accordance with Federal
Management Circular 74-7.
(10) It will comply with the provisions of Executive Order. 11296,
relating to evaluation of flood hazards.
(11). It will comply with:
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, or national origin, 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 receives. 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 provision of
similar services or benefits.
(ii) Title Vill 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 to
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 1-09 of the Housing and Community Development Act of
1974, and the regulations issued pursuant thereto (24 CFR
570.601), which provides that no person in the United States
shall, on the ground of race, color, national origin, or
sex, be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under, any program or
activity funded in whole or in part with Title I funds.
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(iv) Executive Order 1.1063 on equal opportunity in housing and
nondiscrimination in the sale or rental. of housing built
with Federal assistance.
(v) Executive Order 11246, and.all regulations issued pursuant
thereto (24 CFR Part 130), which provides that no person
shall be discriminated against on the basis of race, color,
religion, sex or national origin i.n all phases of employment
during.the performance of Federal or federally -assisted
contracts. Such contractors and subcontractors shall take
affirmative action to insure fair treatment in employment,
upgrading, demotion, or transfer; recrui-tment or recruitment
advertising; layoff or termination, rates of.pay or other
-forms of.compensation and selection for training and
apprenticeship.
(vi) Section 3 of the Housi-ng and Urban Development Act of 1968,
as amended, requiring that to the greatest extent feasible
opportunities for training and employment be given lower
income res -idents of the.project area.and.contracts for work
in connection with the project be awarded to eligible
business concerns which are located in, or owned in substantia
part by, persons residing in the area of the project.
(12) It will:
(i). I.n acquiring real property in connection with the Community
Development Block 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 Real Property Acquisition
Policies Act of 1970 .(P.L. 91-646) and the provisions of
Section 302 thereof;
(ii) Pay or reinbur.se property owners for necessary expenses as
specified in Sections 303 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 1970 and applicable HUD Regulations (24 CFR Part 42), -
to or for families, individuals, partnerships, corporations
or associations displaced as a result of any acquisition of
real property for an activity assisted under the program.
(ii) Provide relocation assistance programs offering the services
described in Section 205 of the Act to such displaced families,
.individuals, partnerships, corporations or associationsin
the manner provided under applicable HUD regulations;
(ii -i) Assure that, within a reasonable time prior to displacement,
decent, safe, and sanitary replacement dwellings will be
available to such displaced 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 income;
(vi) Inform affected persons of the .benefits, policies, and
procedures provided for under HUD regulations; and
(v). Carry out the relocation process in such a 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
j positions for a purpose that is or gives 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 authorize(
representative access to and the right to examine all records,
books, papers,.or documents related to the grant.
Section 2. This Resolution shall be in full force and effect from
and after its adoption.
Adopted by the Board of Commissioners and signed by the Mayor this
3.rd day of October, 1977.
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;f SEAL
Attest:. R o
D. L. Harrison, City -Clerk
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