3264 Comply with CDBG Laws1
1
RESOLUTION NUMBER>�264
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 second 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 hearings to obtain the views of
citizens on community development and housing needs; and
(iii) Provided citizens an adequate 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
official under the National Environmental Policy Act of
1969 insofar as the provisions of such Act apply to the
applicant's 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.
1
P_�
1
(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:
(i) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and
the regulations issued pursuant thereto (24 CFR Part I),
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 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
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 109 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.
1
1
(iv) Executive Order 11063 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 in 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; recruitment 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 Housing and Urban Development Act of 1968,
as amended, requiring that to the greatest extent feasible
opportunities for training and employment be given lower
income residents 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
substantial part by, persons residing in the area of the
project.
(12) It will:
(i) In 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 reimburse property owners for necessary expenses
as specified in Section 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 associations in the manner provided under applicable
HUD regulations;
(iii) 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;
[1
1
1
(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
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
authorized 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
22nd day of March, 1976.
(SEAL)
Attest:
i
D. L. Harrison, City Clerk