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HomeMy WebLinkAboutCC Res 2498 1975-12-08 I 1 I , ~ ...- -.. ~ . .- .. ,., RESOLUTION 'NO, ~~~J' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ASSURING AND CERTIFYING TO COMPLIANCE WITH PROVISIONS OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. WHEREAS, the City of Seal Beach intends to make application with the County of Orange for available funds under the Housing and Community Development Act of 1974 for fiscal year 1976-77; and ' WHEREAS, the Housing and Community Development Act of 1974 requires the city to provide assurances and/or certification to compliance with the attached list of provisions; and WHEREAS, both items 10(a) and (b) apply to the program selected by the City Council of the City of Seal Beach. NOW. THEREFORE, BE IT RESOLVED that the City Council of the City of Seal Beach, California, does hereby assure and certify to compliance with the list attached hereto and made a part hereof and shown ~s "Exhibit A" and authorizes the City Attorney to sign and certify the accompanying exhibit, PASSED, APPROVED AND ADOPTED by the City Council of thJ City of Seal Bea~hJ Cali~orn~a, at a meeting thereof held on the C1~' day of j?UOAlPQ7l...~W . 1975, by the f01j9wing vote: ,-f ' AYES: Council Members~A ~~ ..::.:JtfUlIZJt~.I.tu?/,...~ ~~--fj NOES: Council Members~~ ABSENT: Council Members7~-n..l./ ."...", .. AfT-EST.: ~ ~.... ~.-..'" , ' ~~'~JY ,._~ . ~- ,. , or. ~ , .; .. - < -' _. . (A;-v .- ',. .-' , . .- , , I , , . , ,I I "I '.. '. r Resolution N~ U,S. OEPARTMENT OF HOUSING AND URBAN DEVELOPMENT .~ ~ :::-. " EXHIBIT "A" ASSURANCES For", Apptoved OMB No. 63-RI.71 ....... : I I (INSTRUCTIONS, The applicanl musl provide assurances ondiar cerlify 10 01/ of 'he fol/owing ilems: The' onlye"cep',on is ilem No. 10 for which lhe oppliconl musl.r,erlify as 10 eilher (a) or (b), or 10 bolh.) The applicanl hereby assures and cerlifies Ihal he has complied with the regulations, policies, guidelines and requirements of OI.lB Circular No. .A-95, and that he will comply with the regulations, policies. guidelines and requirements o{ Federal ~lanagemenl Circulars 74-4 and 74-7, as Ihey relate to Ihe application, acceptance and uSe o{ Federal funds {or this {ederally-assisted program. Also, the applicant gives assurance and certities with respect to the grant that: 1. It possesses legal authority to apply {or the grant, and to execute the proposed p,o:;ram; that a resol,,- lion,motion or similar action h"s h.....n duiy ud"pled or nassed as an .,ffir:'3! acl "I the appliea""s gov-. enling body, aulhorizing the fding o{ the: application, includi"p' all .,d..rst""rtings and as&urances COn- tained therein. and directin~ and de~.gnating the applicant's c!.:d executive o{!jcer as lhe authorized zepresentative o{ the applicant ,,, a ,:t in connection with the ll"plic..~ion and 10 provide such additional information as .nay be requited. .", 2. It will comply with: '.' (a) Title VI o{ lhe Civil Rights Act of 1964 (P.L. 88":'352) anci in accordance with Title VI' o{ that 'Act; , DO person in the United States shall, on the ground of race, color, or national origin, be excluded &om participation in, be denied lhe benetits of, c'- be otherwise subjected to discrimination under uy program or activity for which the Applicant receives Federal financial assistance and will imm.... diately take any measurell necessary to effecluate this agreement, If any real property or structure ther~on is provided Or improved with the aid o{ ,Federal tinancial assistance extended to the Appli- cant, this allsurance shall obligate the Applicant, or in the case of any transfer of such property, any transferee, for lhe period during which Ihe real property or structure is used {or a purpose {or which the Fede.al financial assistance is extended Or for another purpose involving the provision of sllllilar services or benefits. ":7": (b) Title VIJ1 of the Civil Rights Act o{ 1968, (P.L. 90-284) as amended. and will administer all'programs ami activities relating to housing and community development in a manner to affirmatively further fair housing. (c) . Section 109 of the Housing and Community Development Act of 1974 and in conformance with all r.... quirements impolled by or pursuant to the Regulationll of the Department (24 CFR Part 570,601) issued ptlfSuant to that Section; and.n accordance wilh Ihat Section, no person in the United States shall, on the ground o{ race, color, national origin or sex, be excluded {rom participation in. be denied the bene- fits of, or be subj..cted to discrimination under, any program or acti-vity {undL'll in whole Or in part with the community development {unds. (d) Executive Order 11063 on equal opportunity in housing. (e~ Se..'tion 3 of the Housing and Urban Develop",..nt Act o{ 1968, as amended, requiting ti."t t~ th,' .:"'a:....t extent feasl~le opportunities for training and employment be given lower income reslC::ients o~ the r'''O).;::-t erea &!td c:ontri.lcts for work in connection with the project be awarded to eligible busine~s co,cems whicb Sf!! ~ocal;!d in, or owned in substantial ~"lrt ITJ~ persons residing in the area oi the r.-:Ilj!':t. 3. J'>!",. to the subnU.>s;ol1 01 i.~ 8l'plication, the appl!e.lnt has: (a) Provided citizens IVith ..d~"...te ;nform"tion coneeming the amount of funds available {or propo..ed community develollMnt ::"..: b,'uslng acti'!ities, th~ mnge of ac:i.ities that may be u"dertaken, and other important progr~tm ~ 'qui,etnt n.ts; (b) Held lit least L"o IUb.ic h..alings to obtain the ':iews of citizens Oft community deveJl'pmer.r and h'JllSin g nee~s; and (c) Provided citiz4ns 0.11 "L''''1U~t'" 'J:>jlonul1ity t" jMr'idJo.'t".in the develo\lr.Jent of the applicatir.., ..nd in the developmuftt (. r an] )t,'lIisiN\'S. ch.ange;;;: "J: amehdhlenta. 4.. 11Ie applicant will: (al Providt. fair :'Iud tei:ll~l.'f1:!ble l~iOCbtk::'! plym.:::~ts and 8.~'dsts...ce . n ar.c".;dc.nt..:" \I.'it:~ Secbun..; 20~, :DJ.3. 8E:'..":!l').t (Jf the U:~ifolm R,.,lecatioli Assistance and R:-31 Pl'~pertv ';'cqai,;;ition PO::Clf!:::; Act (P.L. 9i-:;41;i) 8n~ applicabl,- Bur) regulations. to or for iam.Hoes, indiviuuals. !I,:u~:'1et:i:h:p:;. ::I)rp- o:ations or assoclali~ns displaceci as a result of any acquisiti.'m of teal property r~r ..,~ activity assis,ed under the program; HUD-7Dl5.13 (12-7.\ . .r ~ II ; , I I" ..1 1" > ~ .. J ,r Resolution Number - "'"'" .- ." (b) Provide relocation assistance programs oICeringthe services described in Section 205 of P.L, 91-646 -. Co such displaced families. individuals. partnershi "". cOfpotations or associations in the manner provided under applicable \-IUD regulations; . (c) 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 P,L, 91-646; (II) Inform aICected persons of the benefits, policies, and procedures provided for under MUD regulations; and . . (e) Carry out the relocation process in such a manner as to provide displaced persons with uniform and consistent services. and assur.. that repl<lcement housing will be available in the same range of ch..,ces with 'espectt" S""~ L.JllsinR to, all displaced perso:,., reprdless .,: race, color. religion, or aetional orit... .r I' S. The applicant will: , . (a) In acquirin\!. rcall'roperty in connection with the com.."niiy developlnent block Il,ant pro~;..m. be &1Ildcd to the exteut p"...lillcd under State law. by t~,e reai ptoperty acquisition ;tolicies s"t outllnder Section 301 of the Unilorm ~elocahon t..s.stanc" ..nd Rel:: ?ro;>erty Acquisition Policies Act and the provisions of Section .302 thereof; . (lI) Payor reimburse'propeny owners for. necessary fllOpenBes as specjfled In Sections 303 and 304 of the ACt; and (c)' Inform affected persons of the benefits. policies, and procedurfls provided for under HUD regulations. . , . '6. It willgivfl 'HUD and'the Con'ptroller General through any authorized repreSentative access 'to' and the right to examine all records. books. papers, or documents related to the grant, 7. The applicant will comply with the provisions of thfl Hstch Aot which limit the political activity of elllployees. 8. It will comply with the provisions of Executive Ordflr 11296, relating to enluation of flood hazards. i \ . , '9, T1)e applicant's certifying officer: (a) Consents to aSSume tbe status of a responsible Federal official under the National Environmental Policy Act of 1969 insofar as the provisions of such act apply pursuant to this Part; and (b) Is authorized and consents on behalf of the applicant and bimself to accept the jurisdiction of the Federal courts for the purpose of enforcement oi h~s responsibilities as such an official. 10. The Community Devel:;pment P""""U: I:8l '(a> . Gives maximum feasible priority to activiti".. w"icb."iII be~{jt.low~'or ",..'lIe".te-income families or aid in the prevention or eliminati,,~ "f slums 0' bUllhl: " . . .' .181, (b) C~ntains ..ctivities designed to mflet. other c';I'1,"uo;it:, devei"i'm..:; "oells havi~g a p,"ticular urgency . which r"e specifically identified and described ;., the IIPI'llc:.::t'.. ;:o:-omunity ""velopn....rt pi"" sum- mary and community development program. l!, It....i11 esiab'j!,h safeguards to prohibit employees from Uil.lI~ l'Dsilions f..r a l'urJKos!l' that is .:>r g,ves 11.>" ,,!'\'Carance of being motivated by a deSire for private gain fo, themselves Or ,,~hcrs. l,srticulariy thos... with whom the:' have family, business, or othflr ties. '2 It ",m c'lnlpiy ..,.h all :"quir.,ments imposed 11)' HUO conceminr. ..pecial requiremflnts of law. program. noquiremen.... ar.d otber administrative requi",ments approved in accordance ...,th Federal Ma'laee",p.nt "':ircular ;4..?, t,.,,!::.1 i.:"rtilicatit-n: .\s "ounsel for the app!.cant and an attom..y.at-Iaw admitted to prac,ice in Ihe.Strole in W!lli:ii :h.., -"i'P:'C2.j' IS !o.:ated. I certify t~at the facts and rep",sentations contained in ....surance No. 1 al, .VI ..... li1.le anC ,n ~ccor;!~"c" ..ith Stall' ,.ndlocallaw, ' ,. -.J.~;I""" . . -/fr~"'" A --- '/ . . ; /. " -- /.: '/: . (/ I <-~ _I. -::it'~.L. )u.~"_._ (S~'i:"':!I!." "' .~priil'afl"J( c"u".~; J ill c:-Oal'ds, WdtsO.... t'reyfuss & Gershon -..fa.t.t..L..;..k c, Couohj.!!l,..A,,"~ CITy A~ty T2-!l-7~ tTy" oar f.-i/u ."i.....:: rf -:JpplU""A"$ CIJUII5el) (Date) HtJD-7015.12 (12-741 ... . .:r '1~: ...