Loading...
HomeMy WebLinkAbout10501 ORD - 09/29/19710 9/29/71 TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN APPLICATION AND TO FILE IT IN THE APPROPRIATE STATE OFFICE FOR THE PURPOSE OF OBTAINING CERTAIN FINANCIAL ASSISTANCE UNDER PUBLIC LAW 606, 91ST CONGRESS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO SIGN AND EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A PUBLIC ENTITY ESTABLISHED UNDER THE LAWS OF THE STATE OF TEXAS, AN APPLICATION FOR THE PURPOSE OF OBTAINING CERTAIN FINANCIAL ASSISTANCE UNDER PUBLIC LAW 606, 91ST CONGRESS, AND TO CAUSE SAID APPLICATION TO BE FILED IN THE APPROPRIATE STATE OFFICE. SECTION 2. THE NECESSITY TO AUTHORIZE THE EXECUTION OF THE ABOVE REFERENCED APPLICATION FOR FINANCIAL ASSISTANCE AND FILING OF SAME IN THE APPROPRIATE OFFICE AT THE EARLIEST POSSIBLE TIME IN ORDER TO ENABLE THE CITY TO PROCEED WITH DISASTER RELIEF WORK, CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL AND THE MAYOR, HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND IMPERATIVE PUBLIC NECESSITY EXIST, AND HAVING REQUESTED THAT :UCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY N THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE 2% D , 97 pY OF SEPTEMBER 1 1. ATTEST: CI Y SECRE ARY 7VAPP$D- DAY OF SEnTEMB , 1 71: CIT ATTORNEY J 0 MAYOR THE CITY OF qRP�S CHRISTI, TEXAS _8. ®J®t �M* *O F, F I EE OF EMERGENCY { PREPAREDNE! EXECUTIVE OFFICE OF THE PRESIDENT PROJECT APPLICATIOWOEP DR • FOR SUPPLEMENTAL FEDERAL FINANCIAL ASSISTANCE (Under Public Law 606, 91st Congress) Before Completing this Application, STATE PROJECT NO See Instructions (OEP Circular 4000.5C) (State to enter) Date of President's Major Disaster Declaration General Information: (To be completed by applicant) a. State of County of b. Applicant: Address: c. Is applicant other than a State, county, city, village, or township? . If so, attach information to this application in accordance with Section Vi.A.2.g. of OEP Circular 4000.5C. d. Official representative of the applicant: (Named in Exhibit "A ") Name: Title Address: Phone: e. Basic Categories of Work (Categories listed on Exhibit '!B "): f. Type of disaster: (flood, fire, hurricane, earthquake, storm, etc.) , Damage Occurring on or about: (Date) 2. Financial Information: (To be completed by applicant) a. Estimated costs of this disaster to be paid by applicant: $ (Not including requested Federal assistance) b. Total Federal financial assistance requested in this application (from Exhibit "B"): . . . . . . . . . . . . . $ 3. Summary: (To be completed by OEP) a. Received in OEP Regional Office on (number) (date) b. Amount requested by applicant . . . . . . . . . . . . $ c. Amount approved by State . . . . . . . . . . . . . . d. Amount approved by OEP . . . . . . . . . . . . . . $ Foam OEP 152 Page l of 6 F.b-a 1971 (To be completed by applicant) THE APPLICANT HEREINBELOW DESIGNATED makes application to the GOVERNOR OF THE STATE for the sum stated in paragraph 2.h of this application to cover estimated Federal costs of the work described in EXHIBIT "B" attached to this application. These funds are to be paid from the Federal Disaster Fund made available under the provisions of the Federal Disaster Act (Public Law 606, 91st Congress), by order of the President of the United States of America, and to be spent in conformance with the Federal -State Disaster Assistance Agreement between the United States of America and the State. ASSURANCE AND AGREEMENTS A. The applicant certifies that the disaster relief work herein described for which Federal financial assistance is requested hereunder, has been determined necessary and essential in accordance with the criteria contained in Part 1710, Code of Federal Regulations. B. The applicant is the legal entity responsible under law for the per- formance of the work herein detailed or accepts such responsibility. C. The applicant certifies that the disaster relief work herein described for which Federal assistance is requested hereunder does not or will not duplicate benefits received for the same loss from another source. D. The applicant represents that to the best of its knowledge and belief this Project Application meets all of the requirements and conditions of the Federal -State Disaster Assistance Agreement. E. The applicant certifies that all information given by it herein is, to the best of its knowledge and belief, true and correct. F. The applicant agrees to (1) provide without cost to the United States all lands, easements, and rights -of -way necessary for accomplishment of the approved work; and (2) hold and save the United States free from damages due to the approved work. As the duly authorized representative designated by the (Governing Body) of , as attested by a certified copy of (Applicant) the instrument attached as EXHIBIT "A" hereto authorizing this application, I have caused to be drawn and herewith submit this application for disaster assistance, agreeing that all parts and provisions of this instrument shall be binding upon the use and /or expenditure of any funds allocated. WITNESS: SIGNED: Title: Applicant's authorized Representative Date FOM OEP 162 P.go a 0 6 February 1971 (To be completed by State) • I, , GOVERNOR (or State Coordinating Officer) OF THE STATE OF having reviewed this application submitted by the local government instrumentality herein designated, and having found it eligible for approval on the basis of the attached report marked EBHIEIT "C ", do hereby approve the said application in the amount of $ , and do further recommend approval by the Office of Emergency Preparedness in the amount stated, for the purposes and amounts applicable to such purposes as set forth in the Exhibits attached hereto, and certify that all financial assistance received under this application will be, or has been, expanded in accordance with applicable law and regulations thereunder. Date: /s/ GOVERNOR (or State Coordinating Officer) 6. (To be completed by OEP) OEP Project No,__ STATE of is hereby approved in accordance with the provisions and conditions attached hereto; and disbursement of Federal funds is authorized in an amount not to exceed $ for this project in accordance with the Federal Disaster Act (Public Law 606, 91st Congress) and the Federal -State Disaster Assistance Agreement entered into on the day of , 19 , by the United States Government and the State, Date: /s/ Regional Director, Region Office of Emergency Preparedness Foma 06p l Page 9 of 6 Febroaay 1971 7l MMIBIT "A" • RESOLUTION Attachment for Application No. BE IT RESOLVED BY OF , (Governing Body) (Public Entity) THAT , , (Name of Incumbent) (Official Position) be and he is hereby authorized to execute for and in behalf of , a public entity established under the laws of the State of , this application and to file it in the appropriate State office for the purpose of obtaining certain Federal financial assistance under the Federal Disaster Act (Public Law 606, 91st Congress). Passed and approved this day of , 19 Name and Title Name and Title Name and Title CERTIFICATION duly appointed and (Title) of , do hereby certify that the above is a true and correct copy of a resolution passed and approved by the OF on the (Governing Body) (Public Entity) day of , 19 (Date (Month) Date: (Official Position) (Signature) NOTE: If the applicant is a State agency, a letter from the agency head designating his authorized representative should be inserted in lieu of this EBHIBIT "A11) F:— GE 192 page 4 of 6 F bmary 1971 EXHIBIT "W' • DETAILED PROJECT ANALYSIS APPLICANT Local Project No. Attached hereto, as identified below, are detailed descriptions of the items of work to be performed by the Applicant, and estimated costa (to the nearest dollar) for each item of work for which Federal financial assistance is requested. A separate attachment is included for each of the basic categories of work for which assistance is requested. The applicant will complete the following form only for those categories for which Federal assistance is requested. Applicant's Category of Work Request OEP Approval Emergency Work A. Debris Clearance B. Emergency Protective Measures C -1 Street, Road, and Highway Facilities D -1 Dikes, Levees, Irrigation Works, and Drainage Facilities E -1 Public Buildings and Related Equipment F -1 Publicly -owned Utilities TOTAL EMERGENCY WORK Permanent Restoration C -2 Street, Road, and Highway Facilities D -2 Dikes, Levees, Irrigation Works, and Drainage Facilities E -2 Public Buildings and Related Equipment F -2 Publicly -owned Utilities G Public Facilities Under Construction (Amount requested is 30% of estimated eligible costa) TOTAL PERMANENT WORK GRAND TOTAL Signature of Applicant's Authorized Representative F.— OEP 192 Page 5 of 6 Febevary 1971 E%HIBIT. "D" • ASSURANCE OF COMPLIANCE WITH OFFICE OF EMERGENCY PREPAREDNESS REGULATION 5 UNDER TIME VI OF THE CIVIL RIGHTS ACT OF 1964 OEP Project No. Local Project No. (hereinafter called the "Applicant ") (Name of Applicant) HEREBY AGREES THAT it will comply with title VI of the Civil Rights Act of 1964 (P.L. 88 -352) and all requirements imposed by or pursuant to Regula- tion 5 of the Office of Emergency Preparedness (30 F.R. 321) issued pursuant to that title, to the end that, in accordance with title VI of that Act and the Regulation, 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 received Federal financial assistance from the Agency; and HEREBY GIVES ASSURANCE THAT it 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 by the Agency, 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 finan- cial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is so provided, this assurance shall obligate the Applicant for the period during which it retains ownership or possession of the property. In all other cases, this assurance shall obligate the Applicant for the period during which the Federal financial assistance is extended to it by the Agency. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, reimbursements, advances, con- tracts, property, discounts or other Federal financial assistance extended after the date hereof to the Applicant by the Agency. The Applicant recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant, its successors, transferees, and assignees, and the person or persona whose signatures appear below are authorized to sign this assurance on behalf of the Applicant. Dated (Applicant) By. (Signature of Applicant's Authorized Representative) F— OE P 1x2 F ebto wy 1971 GPO 807.030 P ge 6 of 6 * * OFFICE OF PREPAREONE! EXECUTIVE OFFICE OF THE PRESIDENT PROJECT APPLICATION OEP OR • FOR SUPPLEMENTAL FEDERAL FINANCIAL ASSISTANCE (Under Public Law 606, 91st Congr ess) Before Completing this Application, STATE PROJECT NO. See Instructions (CEP Circular 4000.5C) (State to enter) Date of President's Major Disaster Declaration li General Information: (To be completed by applicant) a. State of County of b. Applicant: Address: c. Is applicant other than a State, county, city, village, or township? . If so, attach information to this application in accordance with Section VI.A.2.g, of OEP Circular 4000.5C. d. Official representative of the applicant: (Named in Exhibit "A ") Name: Title: Address: Phone: e. Basic Categories of Work (Categories listed on Exhibit '!B "): f. Type of disaster: (flood, fire, hurricane, earthquake, storm, etc.) Damage Occurring on or about: , (Date) 2. Financial Information: (To be completed by applicant) a. Estimated costs of this disaster to be paid by applicant: $ (Not including requested Federal assistance) b. Total Federal financial assistance requested in this application (from Exhibit "B"): . . . . . . . . . . . . . $ 3. Summary: (To be completed by CEP) a. Received in OEP Regional Office on (number) (date) b. Amount requested by applicant . . . . . . . . . . . . $ c. Amount approved by State . . . . . . . . . . . . . . $ d. Amount approved by OEP . . . . . . . . . . . . . . $ Foam OEP 152 6 F.bvory 1971 Pg. 1 of 4. 0 (To be completed by applicant) THE APPLICANT HEREINBELGW DESIGNATED makes application to the GOVERNOR OF THE STATE for the sum stated in paragraph 2.h of this application to cover estimated Federal costs of the work described in EXHIBIT "B" attached to this application. These funds are to be paid from the Federal Disaster Fund made available under the provisions of the Federal Disaster Act (Public Law 608, 91st Congress), by order of the President of the United States of America, and to be spent in conformance with the Federal -State Disaster Assistance Agreement between the United States of America and the State. ASSURANCE AND AGREEMENTS A. The applicant certifies that the disaster relief work herein described for which Federal financial assistance is requested hereunder, has been determined necessary and essential in accordance with the criteria contained in Part 1710, Code of Federal Regulations. B. The applicant is the legal entity responsible under law for the per- formance of the work herein detailed or accepts such responsibility. C. The applicant certifies that the disaster relief work herein described for which Federal assistance is requested hereunder does not or will not duplicate benefits received for the same loss from another source. D. The applicant represents that to the best of its knowledge and belief this Project Application meets all of the requirements and conditions of the Federal -State Disaster Assistance Agreement. E. The applicant certifies that all information given by it herein is, to the best of its knowledge and belief, true and correct. F. The applicant agrees to (1) provide without cost to the United States all lands, easements, and rights -of -way necessary for accomplishment of the approved work; and (2) hold and save the United States free from damages due to the approved work. As the duly authorized representative designated by the (Governing Body) of , as attested by a certified copy of (Applicant) the instrument attached as EXHIBIT "A" hereto authorizing this application, I have caused to be drawn and herewith submit this application for disaster assistance, agreeing that all parts and provisions of this instrument shall be binding upon the use and /or expenditure of any funds allocated. WITNESS: SIGNED: Title: Applicant's authorized Representative Date: r - OSP iS2 Page 2 07 g February 1971 (To be completed by State) • I, , GOVERNOR (or State Coordinating Officer) OF THE STATE OF having reviewed this application submitted by the local government instrumentality herein designated, and having found it eligible for approval on the basis of the attached report marked MMIBIT "C ", do hereby approve the said application in the amount of $ , and do further recommend approval by the Office of Emergency Preparedness in the amount stated, for the purposes and amounts applicable to such purposes as set forth in the Exhibits attached hereto, and certify that all financial assistance received under this application will be, or has been, expended in accordance with applicable law and regulations thereunder. Date: /a/ GOVERNOR (or State Coordinating Officer) 6. (To be completed by OEP) OEP Proiect No._ STATE of is hereby approved in accordance with the provisions and conditions attached hereto; and disbursement of Federal funds is authorized in an amount not to exceed $ for this project in accordance with the Federal Disaster Act (Public Law 606, 91st Congress) and the Federal -State Disaster Assistance Agreement entered into on the day of , 19 , by the United States Government and the State. Date: Regional Director, RegiorL. Office of Emergency Preparedness Form OEP IS2 POVe 3 01 6 Feb­ 1971 EXHIBIT "A" • RESOLUTION Attachment for Application No. BE IT RESOLVED BY OF , (Governing Body) (Public Entity) THAT , , (Name of Incumbent) (Official Position) be and he is hereby authorized to execute for and in behalf of , a public entity established under the laws of the State of , this application and to file it in the appropriate State office for the purpose of obtaining certain Federal financial assistance under the Federal Disaster Act (Public Law 606, 91st Congress). Passed and approved this day of , 19 Name and Title Name and Title Name and Title CERTIFICATION duly appointed and (Title) of , do hereby certify that the above is a true and correct copy of a resolution passed and approved by the OF on the (Governing Body) (Public Entity) day of , 19 (Date (Month) Date: (Official Position) (Signature) NOTE: If the applicant is a State agency, a letter from the agency head designating his authorized representative should be inserted in lieu of this EXHIBIT "A ") Form OEP 142 Page 4 of 6 February 1971 EXHIBIT "B" DETAILED PROJECT ANALYSIS APPLICANT Local Project No. Attached hereto, as identified below, are detailed descriptions of the items of work to be performed by the Applicant, and estimated costs (to the nearest dollar) for each item of work for which Federal financial assistance is requested. A separate attachment is included for each of the basic categories of work for which assistance is requested. The applicant will complete the following form only for those categories for which Federal assistance is requested. Applicant's Category of Work Bequest OEP Approval Emergency Work A. Debris Clearance B. Emergency Protective Measures C -1 Street, Road, and Highway Facilities D -1 Dikes, Levees, Irrigation Works, and Drainage Facilities i E -1 Public Buildings and Related Equipment F -1 Publicly -owned Utilities TOTAL EMERGENCY WORK Permanent Restoration C -2 Street, Road, and Highway Facilities D -2 Dikes, Levees, Irrigation Works, and ' Drainage Facilities E -2 Public Buildings and Related Equipment F -2 Publicly -owned Utilities G Public Facilities Under Construction (Amount requested is i07 of estimated eligible costs) TOTAL PERMANENT WORK Signature of Applicant's Authorized Representative F0® OEP 152 Peg. 5 0 6 F.be.my 1971 E%HIBIT 11D11 • ASSURANCE OF COMPLIANCE WITH OFFICE OF EMERGENCY PREPAREDNESS REGULATION 5 UNDER T= VI OF THE CIVIL RIGHTS ACT OF 1964 OEP Project No. Local Project No. (hereinafter called the "Applicant ") (Name of Applicant) HEREBY AGREES THAT it will comply with title VI of the Civil Rights Act of 1964 (P.L. 88 -352) and all requirements imposed by or pursuant to Regula- tion 5 of the Office of Emergency Preparedness (30 F.R. 321) issued pursuant to that title, to the end that, in accordance with title VI of that Act and the Regulation, 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 received Federal financial assistance from the Agency; and HEREBY GIVES ASSURANCE THAT it 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 by the Agency, 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 finan- cial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is so provided, this assurance shall obligate the Applicant for the period during which it retains ownership or possession of the property. In all other cases, this assurance shall obligate the Applicant for the period during which the Federal financial assistance is extended to it by the Agency. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, reimbursements, advances, con- tracts, property, discounts or other Federal financial assistance extended after the date hereof to the Applicant by the Agency. The Applicant recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant, its successors, transferees, and assignees, and the person or persona whose signatures appear below are authorized to sign this assurance on behalf of the Applicant. Dated (Applicant) By (Signature of Applicant's Authorized Representative) Farm OEP 142 GPO 907.090 F.br , 1971 Page 6 of 6 CORPUSq CHRISTI, TEXAS GL DAY OF 9-Z TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY*CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT 15 INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. 'RESPECTFULLY, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWIN/GG VOTE: BONNIE SIZEMORE CHARLES A. BONNIWELL ROGER TO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: BONNIE SIZEMORE i CHARLES A. BONNIWELL ROBERTD BOSQUEZ � REV. HAROLD T. BRANCH - - -( THOMAS V. GONZALES - -- GABE LOZANO, SR. J. HOWARD STARK -�-