0779Y(
RESOLUTION N0. -!!~~--~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST MEMPHIS, ARKANSAS AUTHORIZING FILING OF
APPLICATION FOR THIRD YEAR FUNDING UNDER
SMALL CITIES GRANT PROGRAM, MAKING CERTAIN
ASSURANCES TO THE DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT AND AUTHORIZING MAYOR TO
CERTIFY CONTENTS OF THIS RESOLUTION.
WHEREAS, the City of West Memphis, Arkansas desires to continue
in the undertaking of a variety of community improvement and develop-
ment activities with funds available under the provisions cf Title I
of the Housing and Community Development Act of 1974, as amended by
the 1977 Act; and
WHEREAS, in keeping with this desire, the City previously had
submitted an Application for a Multi-Year funding commitment for a
Comprehensive Small Cities Program and previously had received
approval of the Department of Housing and Urban Development for such
Multi-Year funding; and
WHEREAS, it is timely for the City to submit its Application
for funding for the third incremental year of the Multi-Year funding
on the Comprehensive Small Cities Program; and
WHEREAS on the basis of the City Council's review of materials
related to the Small Cities Program Application, the earlier design
of program content for the Third Year increment, and the desire to
continue undertaking Community Development Program activities within
the geographic area of the City that was designated for such funding
under the original approval of the Small Cities Grant Program, the
City Council hereby determines that the public interest will be
served by making the findings, determinations, approvals and autr~ori-
zations contained herein.
1
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WEST MEMPHIS, ARKANSAS:
1. That the Application for Federal assistance on Standard
Form 424, dated July 3, 1980, requesting a Federal grant for the
Third Year Program in the amount of $418,730, the Project Summary on
Form HUD-7066; the Cost Summary on Form HUD-7067; the Annual Housing
Assistance Action Program on Form HUD-7095, accompanying said Appli-
cation, are hereby approved; and the b4ayor is authorized to file
with the Department of Housing and Urban Development said forms and
related papers, maps and assurances required to comprise a Full
Application for the Third Year funding under the Multi-Year Compre-
hensive Small Cities Grant.
2. That the Department of Housing and Urban Development is
hereby assured that the City will comply with the requirements of
Section 570.309 of notifying the general public through publication
of a legal notice that the Full Application has been filed respec-
tively with the A-95 Clearinghouses and the Department of Housing
and Urban Development, and that persons may challenge the consistency
of facts and assurances contained in said Application.
3. That the City herein makes the assurances and certifica-
tions required by the Department of Housing and Urban Development as
included on Exhibit I, Assurances, which is attached hereto and
incorporated herein as part of this resolution as if same were
repeated herein word for word.
4. That this resolution shall take effect immediately.
DATE PASSED: ~ (/L ~ , // ~
_ ~
Mayor
REtiF1YEp CITY CLFRK'~ OFFfCE
,~,~~L ~ 1 `i g a
Exhibit I: Assurances
^'~~ ,~..~~,Aa ,ate ,,~.,~,
:.
it
EXHIBIT I
U.S. Department of flawing and Uctkan Developr,ent
Community Uevelotxnent Block Grant
.... Small Cities Program
Assurances
,. The applicant hereby assures and certifies that:
{a) It possesses legal authority to apply for the grant, and to execute the
proposed program.
(b) Its governing body has duly adopted or passed as an official act a reso-
lution, motion or similar action authorizing the filing of the application,
including all understandings aryl assurances contained therein, and directing and
authorizing the person identified as the official representative of the applicant
to act in connection with the aFx~lication and to provide such additional informa-
tion as may be required.
(c) It has corrnlied with all the requirements of ODffi Circular No, A-95 as
modified by 24 CFk 570.435 and that either:
(1) Any corm~nts and recommendations made by or through clearinghouses are
attached and have bey n considered prior to sutxr~ission of the application; or
(2) 'fie required procedures have been followed and no comments or reccrm~erda-
~` lions have teen received.
(d) If an applicant is submitting an application for a Small Cities Compre-
hensive Grant, the applicant has:
(1) Prepared a written citizen participation plan, which:
(i) Provides an opportunity for citizens to participate in the develo~nent
of the application, encourages the sutmission of views an proposals, particularly
try residents of bliuhted ncighbcrhocxis and citizens of lotr- aid m~xlecate-incutw,
provid~5 for timely responses to the prc~x>sals sutmittEd, aril schedules hearings
at times and locatior•s which permit broad participation;
~r
(ii) Provides citizens with adequate information concerning the amount of
funds available for proposed crnmunity develoixr~ent and housing activities, the
range of activities chat rray be undertaken, and other important program require-
ments;
(iii) Provides for public hearings to obtain the views of citizens on corner
nity develc~~r~rt and housing ne:•cls; and
(iv) Provides citizens with an opportunity to sutmit ca~rr~ents concerning the
carenunity develoia~ nt performance of the applicant.
(2) Followed thrs plan in a manner to achieve full participation of citizens
in develolZner.t of the application. The applicant shall also follc,w this plan to
achieve full citizen participation in all other sues of the progr~~rn.
If the applicant is sutmittirg an application for a Shall Cities Single Purpose
Grant, the applicant:
(1) Has prepared and follcx.,nd a written citizen participation plan that meets
the requirements of 24 CFR 570.431(c), aryl shall fol)a+ this plan to achi~rva full
F.~rticipation in all stales of thr pca3ra,n;
Page l of 4
IIUI)-70S9
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(2) Has pew ided citizens with an opportunity to participate in the determi-
nation of priorities in community develoiment and housing needs;
(3) Has prw ided adequate notices of public hearings as revuired by the
written plan;
(4) Has held hearings on the proposed application before adoption of a reso-
lution or similar action by Che local governing body authocizirrg the filing of
'" the application;
(S) Will provide for citizen participation when considerirq amerx3rnents to the
Community Develo~nt Program ani the Housin3 Assistance Plan; and
(6) Will provide foe citizen participation in the planning, implementation
and assessment of :.tie Ccamunity Develol.„~ent Program including the de"~elopment of
the Grantee Perfornance Report and the submission of views to tare HUD Atea Office.
(e) Its chief executive officer or other officer of applicant approved by
AUD:
(1) Consents to assume the status of a responsible Federal official under the
National Environmental Policy Act of 1969 insofar as the prw isions of such Act
apply to 2/ CFR 570;
(2) Is authorized and consents on behalf of the applicant and himself to
accept the jurisdiction of the Federal courts for the purpose of enf orcement of
his resyonsibilities as such an official.
(f) The C «vm~nity Develgpment Program has been developed so as to give maxi-
mum feasible priority to activities which will benefit lov- and moderate-inc~
families or aid in the prevention or elimination of slums or blight.
(The requirement for this certification will not preclude the Secretary from
approving an application where the applicant certifies, and the Secretary deter-
mines, that all o: part of the Co:rmunity Development Program activities ace
designee to meet ocher camtinity develo~T~ent needs having a particular urgency
as specifically exrlained in the acolicacion in accordance with 5570.302(f).)
(g) It will ccr~ly with the regulations, policies, guidelines and rewire-
ments of OP11B Circular No. A-102, Revised, and federal Management Circular 74-4
as they relate to the application, acceptance, and use of Federal funds urx9ec
this Pact.
(h) It will adTinister and enforce the labor standards requirements set forth
570
60
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i
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5 and HUD regulat
ons issued to irrtolement such requirements.
(i) I[ will cor~ly with all requirements imcosed by HUD concerning special
requirements of law, pra7ram requirements, aril other administrative require~~ents,
approved in accordance with Ott Circular No. A-102, Revised.
(j) It will cor~ly with the provisions of Executive Order 11296, relating co
evaluation of flood azzrds and Executive Order 11288 relating to the prevention,
control, and a:ate^.mt of water .pollution.
(k) It will yew ire every building or facility (ocher than a privately owned
residential structure) designed, constructed, or altered with funds provided
under this Part to cortt>ly with the "American Standard Specifications for !raking
Buildings and Facilities Accessible to, and Csable by, tare Physically Handica;v-
ed,' Nrrsrber A-117.1-? 1971, subject to ttre exceptions contained in 41 CFR 101-
19.604. The anplicannt will to resFr~nsible foe conductirr; inspections to insure
caroliance witty these spy ifications by the contractor.
NUS-7088 Page 2 or 4
(1) It will comply with:
(1) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), and the regu-
lations issue:) pursuant thereto (24 CFR Part 1), which provides that no person
in the United States shall on the grourYls of race, color, oc national origin, be
excluded fear Wrticipation in, bE denied the benefits of, oc be otherwise sure
jetted to discriminatior, urxier any prw;a:n oc activity for which the applicant
receives Federal financial assistance a:d will imr~c~tiately take arry rt~a:uses
,,,, necessary to effectuate this assurance. if any real prr~ecty or structure there-
... on is provided or im{~roved with the aid of Federal financial assistance extended
to the applicant, this assurance shall obligate the applicant, or in the case of
any tta.~sfe: of such prrx.•rty, any transferee, for the period durira which the
real property or structure is used for a purpose for which the FEd oral financtal
assistance is extended, oc for another purpose involvirq the pew ision of similar
services or benefits.
(2) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended,
a3.Tiniscering all procrams and activities relating to housim arxl crnmunity
develaxnenc in a manner to affirmatively further fair ha~sing; and will take
action to affirmatively further fair housing in the sale oc rental of ha:sirq,
the financing of housirq, and the provision of brokerage services.
(3) Section 109 of the Housing and Cirmunity Develo(xr~nt Act of 1974, and the
regulations issued pursuant thereto (24 CFR Part 570.601), which provides that no
person in the United States shall, un ttie grounds of race, color, natior,sl oricin,
or sex, 5e excluded fran participation in, De denied the benefits of, or be sum
jecte to discrimination under, any program, oc activity funned in whole or in part
with furls provided under this Part.
(4) l'xecutive Order 11063 on equal opportunity in ha~sing and nondiscrimina-
tion in the sale or rental of housing built with Federal assistance.
!.~ (5) E7;ecutive Order 11246, and the regulations issued pursuant thereto (24
CFA Past 130 and 41 CFR Chapter 60), and Section 4(b) of the Grant Agreement,
w!:ich atavides that no person shall be discriminate against on the basis of race,
color, relioion, sex or national origin in ali phases of employment during the
ae:focrance of Federal of federally assisted construction contracts. Contractors
and subcontractors on Federal arxi federally assistec construction contracts snail
take affir;rative action to insure fair treatment in erpl r_nt, upgrading, dem~-
tion, oc transfer; to:ruitn~ent or teeruitmPnt advertisi r'YR
rates of pay of other forms of c~oensacion and selectianlforytrainin3ea~natior.,
aoarenticeshio.
(m) It will candy with Section 3 of the Housirr~ and Urban Develo4xnent Ac; of
, 1968, ns a:-ar~.jed, rEw•uirinq that to the oreacest extent feasible owortunities
for traini:r; arx9 ertpl~,~r,Nnt be given co lower-incuae residents of the project
area are contracts for work in connection with the project ;e awarded to eligible
business concerns whirr, are located in, or owned in substantial pact by, p~e:sms
residing in the area of the project.
(n) It will:
(1) 4b t»tie greatest extent practicable under State law, cormly with Sections
301 arc 302 of Title III (Uniform Real Prcx=~•rty Acvuisition Policy) of the Uns-
form Peiocation Assisc~;ce and Real Ptonerty Aevuisition Policies Act of 1970 and
will comply with Sectio.^.s 303 anj 304 of Title III, arct HUJ imr,,lenPntirg instru:-
tiors at 24 CFR Part 42; and
(2) Inform affected R~ersons of their rights and of the arovisition policies
and procevures sec forth in the regulations at 24 CFP Fart 42 aril $°70.6J2(b).
(o) It will:
(1) Carly with Title II (Uniform Relocation Assistance) of the Uniform kelo-
catior. Assistance an: Real Proxrty Accr.:isi:ion Policies Act of 1970 a.Zd FiL'D
a~~
Page 3 of -~ NUD-7099
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implementir,a regulations at 24 CFP Part 42 ard $57C.6G2(a);
(2) Provide relocation payments and offer rel xation assistance as descritAd
in Section 205 of the Uniform Relocation Assis:a.^ce Act to all persons displaced
as a result of acquisition of real pr«~erty for a: activity r.ssisted urrler the
CaTmunity Develo~nent Block Grant pr_yrarr~. Suc^ ca~n.~ents and assistance shall be
prvyided in a fair and consistent ard c<ruitable aa::,at that insures that the
relocation process does not result in different oc separate treatment of sum,
persons on account of race, color, reliyion, na:ienal origin, sex, or :source of
income;
-" (3) Assure that, within a reasonable period of time prior to displacement,
~= cocrg~arable decent, safe and sanitary r~lacenp^c ovellims will be available to
all displaced families and individuals and that the rarer a of choices available
to such persons will not vary on account of their race, color, religion, national
origin, sex, or scarce of income; aryl
(4- Inform affected persons of the relocation assistance, policies and proce-
dures set forth in the regulations at 24 CFk Part 42 and 5570.6U21a).
(p) It will establish safeguards to prohibit e~layees from using positions
for a our~ose that is oc gives the appearance of :rim motivated by a desire for
private gain for themselves or others, oarticulasly those with what. they have
family, business, or other ties.
(a) It will conply with the provisions of the Hatch Act which limits the
political activity of errr~loyees.
(c) It will give HUD and the C ur:~troller General through any authorized
representatives access tp and the right to exa.T.ine all records, books, papers, or
documents related to the grant.
(s) It will insure that the facilities under its a+nership, lease or supervi-
sion which shall tx utilized in the accarolis'tir~ent of tt,e prcaram are not listed
'f on the Environmental Protection Agency's (EPA) lis: of Violating Facilities and
that it will notify HUD of the r~eipt of any carr_r,ication from the Director of
the EPA Office ct Federal Activitie<_ irdicatirr t~.at a .facility to be used in the
project is under consideration for listirr3 by the EPA.
(t) It will crnply with the flood insurance purchase sew iremenrs of Section
102(a) of the Flax] Disaster Protection Act of 1573. Put. L. 93-234, 87 Stat.
975, approved Decem:,er 31, 1973. Section 103(x; re:uirea, on and after March 2,
1974, the purchase of flood insurance in communities w~,ere such insuranc= is
available as a condition for the r~~eiot of an:' Feral financial assistance for
construction or acquisition purposes for use ir. a::~ area, that has t~•n identi-
fied by the Secretary of the G•~cK::t^ent of Hwsirr-and 'Jrt,an Develaurr~ent as an
area having special flood hazards. The phrase '%~~de:zl financial assistant."
includes any form of logs:, grant, guaranty, i..^.s,:r_~ce payment, rebate, subsic'ry,
disaster assistance loan or grant, or any other for- of direct or indirect
Federal assistance.
(u) It will, in connection with its perfo ^ance of environmental assessrrYnts
under the National Environmental Policf Act of 155y,.car~ly with Section 106 of
the National Historic Preservatiu.-. Act of 1966 (15 U.S.C. 470), Executive 0[der
11593, ar-d the Preservation .,f Arc~~~;lcgical and :?:storical Data Act of 1966 (16
U.S.C. 469a-1, et. seq.) by ;
(1) Consultim with the State ??istoric Preservation Officer to identify
properties listed in or eliyitle for inclusion in 'ie National REaister of His-
toric Places that are sutject to a3vetse effects (see 36 CF'N Part BOU,B) by the
propnsrj activity, 3n<i
(2! cortolyim with all requir~T~nts establis.^,~9 by F1UD to avoid or mitigate
adverse effects upon such pra.~rtie:..
tiUD-7088 Page 4 of 4
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