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RESOLUTION OF CITY COUNCIL OF CITY OF JONESBORO, 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.
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WHEREAS, the City of Jonesboro, 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 containing a three-year Community Development Plan, a Second 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 Application, and in light of its desire to continue 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 authorizations contained herein.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Jonesboro, Arkansas:
(1) That the Application for Federal assistance on Form HUD-7015, dated December 1, 1975; and the Community Development Program on Form HUD-7015.1; and the Community Development Budget on Form HUD-7015.5 accompanying said Second Year Application are hereby approved and the Mayor is authorized to file said forms with the Department of Housing and Urban Development.
(2) That the Community Development Plan Amendment No.1, dated November 19, 1975, and the Housing Assistance Plan, dated January 1975, is hereby in all respects approved as planning documents to guide this City’s activities during the Second Year of the Community Development Program.
(3) That the annual goals for publicly-assisted housing contained in the Housing Assistance Plan, dated January 1975, are hereby reaffirmed and made applicable to the Second CD Year.
(4) That it hereby recognizes that the Community Development Plan, as amended, and Housing Assistance Plan shall be revised at a later date to formulate the basis for the Application for Funding in the Third Year of the Community Development Program, and that such revisions shall be the subject of eventual review and approval of this City Council.
(5) That the Department of Housing and Urban Development is hereby assured that by the time the City has filed the Application pursuant to this resolution the City will have complied with the regulations, policies, guidelines, and requirements of OMB Circular No. A-75.
(6) That the Department of Housing and Urban Development is hereby assured that the City Will continue to 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 the federally assisted Community Development Program.
(7) That the City of Jonesboro possesses legal authority to apply for the grant and to execute the proposed Program, and that he 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 representative of the City to act in connection with the Application and to provide such additional information as may be required.
(8) 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 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 Development Act of 1974 and in conformance with all requirements imposed by or pursuant to the Regulations of the Department (24 CFR Part 570.601) issues 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.
(9) That the Department of Housing and Urban Development is hereby assured that prior to the submission of its Application, the City has:
(A) 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;
(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.
(10) 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 Acquisition 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 any activity assisted under the program;
(B) Provide relocation assistance programs offering the services described in Section 205 or P.L. 91-646 to such displaced families, individuals, partnerships, corporations or associations in the manner provided under applicable HUD 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:
(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.
(11) 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 Sate law, by the real property acquisition policies set forth in Section 301 of the Uniform Relocation Assistance and Real Property acquisition Policies Act and the provisions of Section 302 thereof;
(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.
(12) 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.
(13) That the City will comply with the provisions of the Hatch Act which limit the political activity of employees.
(14) That the City will comply with the provisions of: Executive Order 11296, relating to evaluation of flood hazards.
(15) 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 applicant 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.
(16) That it is hereby found and determined that the Community Development Program approved by this resolution and authorized herein.
(A) 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; and
(17) 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 tires.
(18) That the City will continue to 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.
(19) 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 with Department of Housing and Urban Development the Request for Release of Funds for the following projects and activities included in the Amended Plan and Second Year Program:
Renovation of Patrick Street Recreation Center and Community Park Recreation Center; clearance and demolition of substandard structures; Washington Avenue street improvements; North Main and Forrest street improvements; Nettleton Avenue street improvements; acquisition or construction of a Senior Citizens Center; and park improvements to Northside Park and Community Park.
(20) That based on the Environmental Impact Assessment, the City Council hereby determines that the following activities to be undertaken during the Second Year of the Community Development Program are exempt from the environmental review requirement.
Planning & Management Development and Administration.
(21) That this resolution shall take effects immediately.
PASSED and ADOPTED this 1st day of December, 1975.