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RESOLUTION NO. 7 5 -- 52C
1' RESOLUTION OF CITY COUNCIL OF JACKSONVILLE,
ARKANSAS, AUTHORIZING FILING OF COMMUNITY
DEVELOPMENT 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 Jacksonville, Arkansas is desirous of
undertaking a variety of community improvement activities with
funds to be received under the provisions of Title I of the
Housing and Community Development Act of 1974, and has prepared
for this purpose a Community Development Program Application con-
taining a three -year Community Development Plan, a First Year
Program and Budget, a Housing Assistance Plan, and environmental
assessments pertaining to requested projects and activities; and
WHEREAS on the basis of the City Council's review of the
materials related to the Community Development Program Applica-
tion, and in light of its desire to undertake Community Develop-
ment Program activities and projects, the City Council hereby
determines that the public interest will be served by making
the findings, determinations, approvals, and authorizations
contained herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF JACKSONVILLE, ARKANSAS:
1. That the Application for Federal assistance on Form
HUD -7015, dated June 5, 1975; and the Community Development
Program 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
with the Department of Housing and Urban Development.
2. That the Initial Housing Assistance Plan, dated May,
1975, are hereby in all respects approved as a planning docu-
ment related to guiding the City's activities with respect to
assisted housing in the community.
3. That the Department of Housing and Urban Development
is hereby assured that by the time the City has filed the Appli-
cation pursuant to this resolution the City will have complied
with the regulations, policies, guidelines, and requirements
of OMB Circular No. A -95.
4. That the Department of Housing and Urban Development
is hereby assured that the City will comply with the regulations,
policies, guidelines, and requirements of Federal Management
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0 I.
Circulars 74 -4 and 74 -7, as they relate to the Application,
acceptance and use of Federal funds for the federally- assisted
Community Development Program.
5. That the City of Jacksonville possesses legal authority
to apply for the grant and to execute the proposed Program, and
that the Mayor is hereby authorized to file the Application,
including all understandings and assurances contained therein
and that the Mayor is hereby designated as the authorized rep-
resentative of the City to act in connection with the Application
and to provide such additional information as may be required.
6. That the City will comply with:
(a) Title VI of the Civil Rights Act of 1964
(P.L. 88 -352) and in accordance with Title VI of that Act, 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 agreement. 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.
(b) Title VIII of the Civil Rights Act of 1968,
(P.L. 90 -284) as amended, and will administer all programs and
activities relating to housing and community development in a
manner to affirmatively further fair housing.
(c) Section 109 of the Housing and Community Develop-
ment Act of 1974 and in conformance with all requirements im-
posed by or pursuant to the Regulations of the Department
(24 CFR Part 570.601) issued pursuant to that Section; and in
accordance with that Section, 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 the community development funds.
(d) Executive Order 11063 on equal opportunity in
housing.
(e) 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.
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135.
7. That the Department of Housing and Urban Development
is hereby assured that prior to the submission of its Applica-
tion, the City has:
(a) Provided 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;
(b) Held at least two public hearings to obtain the
views of citizens on community development and housing needs;
and
(c) Provided citizens an adequate opportunity to
participate in the development of the application and in the
development of any revisions, changes, or amendments.
8. That the City will:
(a) Provide fair and reasonable relocation payments
and assistance in accordance with Sections 202, 203, and 204,
of the Uniform Relocation Assistance and Real Property Acquisi-
tion Policies Act (P.L. 91 -646) and applicable HUD regulations,
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;
(b) Provide relocation assistance programs offering
the services described in Section 205 of P. L. 91 -646 to such
displaced families, individuals, partnerships, corporations or
associations in the manner provided under applicable HUD regu-
lations;
(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;
(d) Inform affected persons of the benefits, policies,
and procedures provided for under HUD regulations; and
(e) Carry out the relocation process in such a manner
as to provide displaced persons with uniform and consistent
services, and assure that replacement housing will be available
in the same range of choices with respect to such housing to all
displaced persons regardless of race, color, religion, or
national origin.
9. That the City will:
(a) In acquiring real property in connection with the
Community Development Block Grant Program, be guided to the extent
permitted 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 and the
provisions of Section 302 thereof;
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(b) Pay or reimburse property owners for necessary
expenses as specified in Sections 303 and 304 of the Act; and
(c) Inform affected persons of the benefits, policies,
and procedures provided for under HUD regulations.
10. That the City will give HUD and the Comptroller General
through any authorized representative access to and the right to
examine all records, books, papers, and documents related to the
grant.
11. That the City will comply with the provisions of the
Hatch Act which limit the political activity of employees.
12. That the City will comply with the provisions of:
Executive Order 11296, relating to evaluation of flood hazards.
13. That the Mayor is hereby:
(a) authorized to consent 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
pursuant to the Community Development Program; and
(b) Is authorized to consent on behalf of the appli-
cant and himself acting in his official capacity as Mayor of
this City to accept the jurisdiction of the Federal Courts for
the purpose of enforcement of his responsibilities as such an
official.
14. That it is hereby found and determined that the Com
munity Development Program approved by this resolution and
authorized herein gives maximum feasible priority to activities
which will benefit low- or moderate - income families or aid in
the prevention or elimination of slums or blight.
15. That the City 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.
16. That the City will comply with all requirements im-
posed by HUD concerning special requirements of law, program
requirements, and other administrative requirements approved
in accordance with Federal Management Circular 74 -7.
17. That in light of the Environmental Impact Assessment
made of the various projects and activities, the City Council
hereby finds and determines with regard to the projects and
activities listed below that the request for release of funds
for them is not an action which may significantly affect the
quality of human environment; that the Mayor is hereby authorized
as of the date of this resolution to prepare the required Notice
of Finding of No Significant Effect; and upon the expiration of
a specified period for receipt of comments, the Mayor may file
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) 31.
with the Department of Housing and Urban Development the Request
for Release of Funds for the following projects and activities
included in the Program:
Sanitary Sewer Improvements - South Jacksonville Area
Parks and Recreation Improvements - Tower Park Area
18. That based on the Environmental Impact Assessment, the
City Council hereby determines that the following activities are
exempt from the environmental, review requirement:
Planning and Management Development
19. That this resolution shall take effect immediately.
DATE PASSED: ?Nig, /5 �y /�
M y r
ATTEST: �� � / ��
// City Clerk
I/
Approved as to Form:
Ben E. Rice, City Attorney
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