0612 RESOLUTION NO. Z—
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST MEMPHIS, ARKANSAS, AUTHORIZING FILING OF
COMMUNITY DEVELOPMENT PROGRAM APPLICATION,
APPROVING PLANS, MAKING CERTAIN ASSURANCES TO
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
AND AUTHORIZING MAYOR TO CERTIFY CONTENTS OF
THIS RESOLUTION.
WHEREAS, The City of West Memphis, Arkansas is desirous of
continuing in the undertaking of a variety of community
improvement activities with funds available under the
provisions of Title I of the Housing and Community Develop-
ment Act of 1974, Public Law 93-383; and has prepared for
this purpose a Community Development Program Application
containing a summary of a three-year Community Development
Plan, a Fourth Year Program and Budget, a revised Housing
Assistance Plan, and statements regarding the status of
environmental impact assessments pertaining to the requested
projects and activities; and
WHEREAS, On the basis of the City Council's review of the materials
related to the Fourth Year Community Development Program
Application, and in light of its desire to undertake Community
Development Program activities and projects, the City Council
hereby determines that the public interest will be served by
making the findings, determinations, approvals, and authoriza-
tions contained herein.
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 December 15, 1977; the Community Development Pro-
gram on Form HUD-7015. 1; and the Community Development
Budget on Form HUD-7015. 5, accompanying said Application,
are hereby approved and the Mayor is authorized to file said forms
and related papers, maps, and assurances with the Department of
Housing and Urban Development.
2. That the Community Development Plan as amended through
Amendment No. 5, dated December 15, 1977, and the revised
Housing Assistance Plan are hereby in all respects approved as
planning documents to guide the City's activities during the
Fourth Year of the Community Development Program.
3. That it hereby recognizes that the Community Development
Plan, as amended, and the Housing Assistance Plan, as amended,
shall be revised at a later date to formulate the basis for the
Application for funding for the Fifth Year of the Community
Development Program, and that such revisions shall be the subject
of eventual review and approval of the City.
4. That the Department of Housing and Urban Development is
hereby assured that the City will comply with the requirements
L of Section 570. 309 of notifying the general public through publi-
cation of legal notices that the Application has been filed
respectively 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.
5. That the City herein makes the assurances and certifications
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.
6. That this resolution shall take effect immediately.
DATE PASSED: 1 LC7 7
or* er""t
Mayor
ATTEST:
410,0'
City Clerk
Exhibit I: Assurances
EXHIBIT I
ASSURANCES
The Applicant hereby assures and certifies with respect to the grant
that:
th. . •
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 resolution, motion or similar action authorizing the
filing of the application, including all understandings
and assurances contained therein, and directing and
authorizing the person identified as the official repre-
sentative of the applicant to act in connection with the
application and to provide such additional information as
. may be required.
C. , It has complied with all requirements of OMB Circular No.
A-95 as modifed by this Part and that either:
1. Any comments and recommendations made by or through
clearinghouses are attached and have been considered
prior to submission of the application; or
2. The required procedures have been followed and no
comments or recommendations have been received.
D. Prior to submission of its application, the applicant has:
1. Prepared a written citizen participation plan, which:
(i) Provides an opportunity for citizens to partici-
pate in the development of the application,
encourages the submission of views and proposals,
particularly by residents of blighted neighbor-
hoods and citizens of low- and moderate-income,
provides for timely responses to the proposals
submitted, and schedules hearing at times and
locations which permit broad participation;
(ii) Provides citizens with adequate information con-
cerning 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;
(iii) Provides for public hearings to obtain the views
of citizens on community development and housing
needs; and
. .
(iv) Provides citizens with an opportunity to submit
comments concerning the community development
orrs• performance of the applicant;
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. .
2. Followed this plan in a manner to achieve full in-
volvement of citizens in all stages of the program.
E. Its chief executive officer or other officer of applicant
approved by HUD:
1. 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 this Part;
2. 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 re-
.
sponsibilities as such an official.
F. The Community Development Program has been developed so
as to give maximum feasible priority to activities which
will benefit low- and moderate-income families or aid in
the prevention or elimination of slum or blight.
G. It will comply with the regulations, policies, guidelines
and requirements of OMB Circular No. A-102 , Revised,
Uniform Administrative Requirements for Grants-in-Aid to
State and local governments, and Federal Management
Circular 74-4, as they relate to the application, ac-
ceptance, and use of Federal funds under this Part.
H. It will administer and enforce the labor standards re-
quirements set forth in 570. 605 and HUD regulations issued
to implement such requirements.
I. It will comply with all requirements imposed by HUD con-
cerning special requirements of law, program requirements,
and other administrative requirements approved in accord-
ance with OMB Circular No. A-102 Revised.
J. It will comply with the provisions of Executive Order
11296, relating to evaluation of flood hazards.
K. It will comply with:
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1. Title VI of the Civil Rights Act of 1964 (Pub. 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 grounds 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
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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.
2. Title VIII of the Civil Rights Act of 1968 (Pub. L.
90-284) , as amended, administering all programs and
activities relating to housing and community develop-
ment 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 financ-
L 3. ing of housing, and the provision of brokerage services
within the applicant' s jurisdiction.
Section 109 of the Housing and Community Development
Act of 1974 , and the regulations issued pursuant
thereto (24 CFR Part 570. 601) , which provides that no
person in the United States shall, on the grounds 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 funds pro-
vided under this Part.
4. Executive Order 11063 on equal opportunity in housing
and nondiscrimination in the sale or rental of housing
built with Federal assistance.
5. Executive Order 11246, and the regulations issued
pursuant thereto (24 CFR Part 130 and 41 CFR Chapter
60) , and Section 4 (b) of the Grant Agreement, 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 per-
ir formance of Federal or federally-assisted construc-
tion contracts. Contractors and subcontractors on
Federal and federally-assisted construction contracts
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 compen-
sation and selection for training and apprenticeship.
L. It will comply with 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 to 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.
%bp
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M. It will :
1. To the greatest extent practicable under State law,
comply with Sections 301 and 302 of Title III (Uniform
Real Property Acquisition Policy) of the Uniform
Relocation Assistance and Real Property Acquisition
Policies Act of 1970 and will comply with Sections
303 and 304 of- Title III, and HUD implementing in-
structions structions at 24 CFR Part 42; and
2. Inform affected persons of their rights and of the
acquisition policies and procedures set forth in the
regulations at 24 CFR Part 42 and 570. 602 (b) .
N. It will:
1. Comply with Title II (Uniform Relocation Assistance)
of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 and HUD implementing
regulations at 24 CFR Part 42 and 570. 602 (a) ;
2. Provide relocation payments and offer relocation
assistance as described in Section 205 of the
Uniform Relocation Assistance Act to all persons
displaced as a result of acquisition of real property
for an activity assisted under the Community Develop-
ment Block Grant Program. Such payments and assist-
ance shall be provided in a fair and consistent and
equitable manner that insures that the relocation
process does not result in different or separate
treatment of such persons on account of race, color,
religion, national origin, sex, or source of income;
3. Assure that, within a reasonable period of time prior
to displacement, comparable decent, safe and sanitary
replacement dwellings will be available to all dis-
placed families and individuals and that the range of
choices available to such persons will not vary on
account of their race, color, religion, national
origin, sex, or source of income; and
4. Inform affected persons of the relocation assistance,
policies and procedures set forth in the regulations
at 24 CFR Part 42 and 570. 602 (a) .
0. It will establish safeguards to prohibit employees from
using positions for a purpose that is or gives the appear-
ance of being motivated by a desire for private gain for
themselves or others, particularly those with whom they
have family, business, or other ties.
P. It will comply with the provisions of the Hatch Act which
limits the political activity of employees.
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Q. It will give HUD and the Comptroller General through any
authorized representatives access to and the right to
examine all records, books, papers, or documents related
to the grant.
R. It will insure that the facilities under its ownership,
lease or supervision which shall be utilized in the
accomplishment of the project are not listed on the
Environmental Protection Agency' s (EPA) list of Violating
Facilities and that it will notify the Federal grantor
agency of the receipt of any communication from the
Director of the EPA Office of Federal Activities indi-
cating that a facility to be used in the project is under
consideration for listing by the EPA.
S. It will comply with the flood insurance purchase require-
ments of Section 102 (a) of the Flood Disaster Protection
Act of 1973, Public Law 93-234 , 87 Stat. 975 , approved
December 31, 1976. Section 102 (a) requires, on and after
March 2 , 1975, the purchase of flood insurance in com-
munities where such insurance is available as a condition
for the receipt of any Federal financial assistance for
construction or acquisition purposes for use in any area
that has been identified by the Secretary of the Depart-
ment of Housing and Urban Development as an area having
special flood hazards. The phrase "Federal financial
assistance" includes any form of loan, grant, guaranty,
insurance payment, rebate, subsidy, disaster assistance
loan or grant, or any other form of direct or indirect
Federal assistance.
T. It will assist the Federal grantor agency in its compliance
with Section 106 of the National Historic Preservation Act
of 1966 as amended (16 U. S.C. 470) , Executive Order 11593,
and the Archeological and Historic Preservation Act of
1966 (16 U.S.C. 469a-1 et seq. ) by (a) consulting with the
State Historic Preservation Officer on the conduct of
investigations, as necessary, to identify properties
listed in or eligible for inclusion in the National
Register of Historic Places that are subject to adverse
effects (see 36 CFR Part 800. 8) by the activity and
notifying the Federal grantor agency of the existence of
any such properties, and by (b) complying with all re-
quirements established by the Federal grantor agency to
avoid or mitigate adverse effects upon such properties.
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