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HomeMy WebLinkAbout15652 ORD - 07/23/1980• • AN ORDINANCE APPROVING AND ACCEPTING THE FUNDING AGREEMENT OFFERED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE SIXTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, NO. B -80 -MC -48-0502, AND DIRECTING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS RELATED THERETO; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRIST, TEXAS: SECTION 1. That the City Manager be authorized to approve and accept, for and on behalf of the City of Corpus Christi, the funding agreement offered by the Department of Housing and Urban Development for the Sixth Year Community Development Block Grant Program, No. B -80 -MC -48-0502, a substantial copy of which agreement is attached hereto and made a part hereof, marked Exhibit "A". The City Manager is further authorized to execute all documents related to the aforesaid program. SECTION 2. The necessity to authorize approval and acceptance of the funding agreement and to authorize execution of related documents in order that the aforesaid program may continue 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 but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such emergency and necessity exist, and having requested the suspen- sion of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT I5 ACCORDINGLY SO ORDAINED, this thea5.01401 day of July 1980. ATTEST: Cr• secretary MAYOR THE CIT APPROVED: ?l QDAY OF JULY, 1980: J. BRUCE AYCOCK, CITY ATTORNEY By 15G52 F CORPUS CHRISTI, TEXAS Y— TO 6E /ZETA'NED S'/ (TY OF GE/C/vS CHR/STI, U.S. DEPARTMENT OF MOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDING APPROVAL UNDER TITLE I OF THE HOUSING AND COMMUNITY - DEVELOPMENT ACT OF 1974 (Public Law 93-383), AS AMENDED 1. NAME OF APPLICANT City of Corpus Christi 2. APPLICATION/GRANT NO. B-80—MC-48-0502 3. APPLICANTS ADDRESS (f11o/eda Street. Chi, Comfy. Stahl and Zlp Cod) Post Office Box 9277 Corpus Christi, Texas 78408 County of Nueces ..- •. GATE OF APPLICATION Nay 16, 1980 0. DATE OF HUD RECEIPT OF APPLICATION May 16, 1980 e. LE Original Fording Approval (J Amendment Amendment No. All section references below are to the Housing and Community Development Act of 1914. as amended unless otherwise indicated. 7. CATEGORY OF COMMUNITY DEVELOPMENT BLOCK GRANT FOR THIS PUNDING ACTION (Owlet only cm) ' a. 7 *trapolilen Biota lent (Set 108) b. U Metropolimm Disuetionary (Sec. 106) C. ■ Non -Metropolitan Entitlement (Sec. 106) d. ■ Norrllet,o olitan Discretionary (Sac. 108) e. ■ Secretary's Disaatioaaty (Sec. 107) 1. I. Categorical Pry Settlement GranN (Sec. 103(b)) B. AMOUNT OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS APPROVED . a. Armunt of CDBG Fronds Currently Reserved for this Applicant. $ 5,548,000 b. AemmR of CDBG Fiords Now Being Approved for this Applicant $ 5,548,000 c Amount of Reserrdttun to be Cancelled (Line 8a minus 8b) S —0— HUD ACCOUNTING USE ONLY BATCH TAC P 1 0 0 REG I• -. ` 5:14`1•'. PROJECT NUMBER — 2 1111 176 I_!1!o1I.ela as sa ae , AMOUNT EFFECTIVE DATE Q AMOUNT 2 SCHEDULE N0. 1111 1 8• 41 - 4a 00 SA OO 01 05 70 74 9. D STRIBUTION OP APPROVED COMMUNITY DEVELOPMENT BLOCK GRANT a. Grant Amount Budgeted by Locality far Repayment of Urban Renewal Loans -S _0— b: Gtant Ammnt Withheld for Payment of Principal and Interest on Loans Guaranteed Pursuant to Sec. 108 . S —0— c. Grant Amount Deducted by HUD to Settle Outstanding Urban Renewal Loans (Sec. 112(a)(1)) 5 —0— d. Sam of tines 9a, Sb, and 9c S —n— e. Amount of Approved CDBG Mailable for Disbursement (Line 80 minus 9d) S 5 548 Jun , Pesaieu4 Editions an, Obsolds 1 HUD -7002 (ll -78) EX f1, ';4" • 10. AMOUNT OP SURPLUS URBAN RENEWAL FUNDS APPROVED AND BALANCE AVAILABLE (S c. 112(6,) a. Amount of Surplus U.R. Funds Reserved for this Applicant $ —0— b. Amount of Surplus U.R. Funds Now Being Approved $ —U— c. Balance of Surplus U.R. Funds Available for Future Use (Line IOa minus 10b). $ —0— HUD ACCOUNTING USE ONLY amm imam PI1oGRAM Q a REG w coo.wwwwo. PROJECT NUMBER • 5 III 88911 11 1 II 7082 1 2 9 12 1:: 14 16 18 23 30 -33 AMOUNT 1 -.-.1111" .,q„ 0 AMOUNT 2 SCHEDULE NO. 1111 111111 I ' 41 49 50 84 1 61 es 70 74 79 11. MAXIMUM AMOUNT OF LOAN GUARANTEE COMMITMENT AVAILABLE AND AMOUNT NOW BEING APPROVED • a. Applicant's Latest Entitlement Amount — $ —0— x 3 $ —O— b. Grant Amount Required by HUD to be Applied to Urban Renewal Loam $ —0— c. Amount of Outstanding Loam (IncludingPNRciprrl mid Interem Thereon) Guaranteed Penitent to Section 108 $ —0— d. Amount of Out romlding Loan Guarantee Commitments Approved Putman to Section 108 $ —0— e. Maximum Amount of Loan Guarantee Commitment Available /line Ila minas lib. IIc, and ltd) $ —0— 1. Amount of Loan Guarantee Commitment Now Being Approved $ —0- 12. RECIPIENT OF LOAN GUARANTEE (Cheat Applcable Boz) a. 0 Applicant Identified in Block No. 1 b. 0 Public Agency Designated by Applicant a Grantee to Receive Loan Guaantee Wane and Address) N/A • HUD -7082 (8-78) • 13. Wane of Certain Application Requirements for Section 106 Grants ❑ The application requirements of Section 1O4(ax1), (2) and (3) are waived pursuant to Section 1O4(bx3), except I as indicated below: None 14. Dete>mnaiion Regarding Particularly Urgent Needs to be Met by Proposed Activities None 0 HUD has determined that the activities described in the application as supporting community development steeds I having a parricide' urgency, as specifically described In the application, are designed to meet such needs. 15. Environmental Review Actions (a) ❑ The Applicant lacks legal capacity to assume environmental responsibilities under Section 1O4(h). HUD has prepared and circulated a final Environmental Impact Statement on the application. (b) XS The Applicant has legal capacity to assume environmental responsibilities under Section 104(h) and has 2 submitted requests for release of funds and certifications approved by HUD under Section 1O4(hX2) for all projects which are subject to the environmental review requirements of 24 CFR Part 58 and require HUD release of funds, except those Bated under Item 16(a) hereof. 16. Condithooel Approvals on Use of fonds The obligation or utilization of funds for the activltile shown below, except as provided under subsection (a), is pro- hibited without the further express written authorization of HUD. (a) Projects requiring HUD written release of funds under Section 1O4(hx2): (Hour ver, finds may be obligated or utilized for. (1) the payment of reasonable administrative Ott related to die planing and execution of projects listed n this subsea -km and (2) other related activities specified under 24 CFR 5821 as exempt from environ- mental review requfement& indudbsg eligible planing. design and environmental activities) Meadow Park Recreation Center Parks, Playgrounds, and Other Recreational Facilities Los Encinos Park Improvements Parks, Playgrounds, and Other Recreational. Facilities Parker Park Pavilion Parks, Playgrounds, and Other Recreational Facilities Tracy Addition Street Improvements Street Improvements Spohn Hospital Area Streets Street Improvements Washington Coles Phase II Streets Street Improvements Utility Relocation and Improvement Public Utilities, Other than Water and Sewer Facilities Water and Sewer Facilities Main Drive Storm Sewer Water and Sewer Facilities HUD -7082 (8-78) Single •Family and Commercial Rehabilitation Loans Rehabilitation of Private Properties Agnes/Laredo Commercial Rehabilitation Loans Rehabilitation of Private Properties _Demonstration Rehabilitation Program Rehabilitation of Private Properties BID Inc. Special Activities by Local Development Corporations, etc. -Combined Intersection and Sidewalk Pedestrian Malls and Walkways Day Care Facilities Program Neighborhood Facilities Contingencies • (b) Sec. 105 (a) (8) public services determined necessary or appropriate for which other Federal assistance may be available: None (c) Sec. 105 (a) (2) flood or drainage facilities for which other Federal assistance may be available: None (d) Any activities within the preceding categories which will be undenaken as a result of program amendments, or as =specified local option activities • None (e) Activities affected by failure to comply with applicable HUD regulations or law: (The specific regulation or law with respect to each activity listed, and the corrective actions required to remove the conditional approval, are cited as Special Conditions in Item 18.) None 17. Ineligible Activities Reducing Secdon 106 Grant Entitlement 0 Application for funding of the following proposed activities, determined by HUD to In ineligible under Title 1 of the Act, is disapproved and the Applicant's Sec. 106 grant entitlement has been reduced in the amount 1 .shown below: Proposed Activity Amount N/A Total: MUD -7042 (11-71) None 0 Check if cued on extra sheet and attach. • The funding approval indicated above- for utilization of the assistance provided themuader in accordance with the approved application, subject to the requirements of Title 1 of the Housing and Community Development Act of 1974 (P.L 93.383), as amend, and the Department of Homing and Urban Development's rules and regulations, and the execution of a Grant Agree- nrent in armadanee therewith, is hereby anthodzed for the program year beginning on _1v gun t 1, 19 80 Date' JUL 1954 Secretary By: SAN (Signature) RYAM,ACTING AREA MANAGER iNID HUD AREA OFFICE (Title) Date AppHant notified that fsmdmg has been authorized: JUL 1 4 1980 HUD -7082 (5-78) ACCEPTANCE PROVISIONS The Grant Agreement, authorized by the Department of Housing and Urban Development on under the Funding Approval for applieation/grant number B-80—MC-48--O502 is hereby accepted by the Applicant as Grantee under the Agreement; and the Applicant/Gtantee agrees to compiY, and to accept rr8poOsbiity for compliance by any public agency designated as Grantee to receive loan guarantee assistance and by any Public or private non-profit entity, local' development corporation, or small businea invest corporation carrying out grant activity on behalf of the applicant, with the terms and conditions of the Agreement, applicable law, regulations and all requirements of HUD, now or hereafter in effect, pertaining to the assistance provided. • JUL 1 _,,. lsc5 City. of Corpus Christi By: (Nene ojAppliemtr/Grwrree) Mayor (Tit), (Date) HUD -7082 (8-78) • • -i• U. S. DEPARTE= OF HOUSING AND URBAN DEVELOPMENT GRANT' AGRE 'ANT COMMUSITIDEMOPIENT BLOCK GRANT PROGRAM • Upon execution of the Acceptance Provisions of this Grant Agreement, • .the Department of Housing and Urban Development (HUD) agrees to pro- • • vide to the Grantee the Federal assistance under Title I of the Housing and Community Development Act of 19711 (P.L. 93-383) authorized by the Funding Approval identified therein, subject to the terms and conditions 6f this Grant Agreement, applicable law, regulations and all • "other reguire:Me is of SCD now or hereafter is effect. The Grant Agreement is effective with respect to such assistanceeas'of the date the acceptance is executed and consists of each Funding Approval and acceptance hereto attached, together with the HUD approved application specified therein, including any Assurances,-oertifications, maps, schedules or other snhmi.ssicns made with respect thereto, the HUD . Community Development Block Grant Regulations at 24 CFR Part 570 and the following General Terms and Conditions: 1. Definitions: Except to the extent modified or supplemented by the Grant Agreement, any term defined in Title I of the Housing and Community Development Act of 1974 or the HUD Community Development Block Grant Regulations at 214 CFR Part $70, shall have the same mpa'-ng when • used herein. 2. (a) Agreement means this Grant Agreement, as.deseribed above and auT amendments or s¢pplemehts thereio. . (b) Applicant means the entity designated as such in the Funding . Approval. • (c) Grantee means each entity designated as a recipient for grant 'cm -loan guarantee assistance in the Funding Approval and signing the acceptance provisions as Grantee under the Agreement. (d) Assurances, when capitalized, mesas the certifications and assurances submitted with grant applications pursuant to the require— ments of 24 CFR Part 570.• (e) Assis'F:ance provided under this Agreement mesas the grants and any loans secured by loan guarantees provided u:ider-this Agreement. • (f) Prograa means the community development program, project, or other activities, including the administration thereof,•T-'ih respect to which assistance is being provided under this Agreement. • 2. eSection 3a Compliance in the Provision of Trainine, Employment and Business Opportunities: Ibis 4gree nt is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968 (12 BBC 1701u), as amended, the= regu• lations issued pursuant thereto at 24 CFH Part 135, :and airy applicable rules and orders of BUD issued thereunder prior.to the HO authorization of the Funding Approval. • •C 3. The Grantee shall cense or requiri to be inserted is full in all ' contracts and subcontracts for workipanced in whole or in part with assistance provided under this Agreement, the section 3 clause set forth in 24 CFR 135.20(b). The Grantee shall provide inch copies of 24 CFI Part 135 as may be necessary Lor the information of parties to ec trants required to contain • the section 3 clause. - 3. Flood Disaster Protection: This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (P•L. 93-230). No portion of the assistance -- provided under this Agreement is approved for acgisition or construction purposes as fie*irPA under section 3(a) of said Act, for use in an area identified by the Secretary as having special flood hazards wbich is located in a comm pity not then in compliance with the requirements for participation in the national flood insurance program pursuant to section 201(d) of said Act; and the use of any assistance provided under .this Agreement for snob Acquisition or construction in such identified . areas is communities then participating in the national flood insurance program Shari be subject to the mandatory purchase of flood insurance requirements of section 102(a) of said Act. Any contract or agreement for'the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided snider • -this Agreement shall contain, if such land is located in an area y - identified by the Secretary as having special flood hazards and in which the sale of flood insurance has been made ava11ahte under the National Flood Insurance Act of 19614 as amended, h2 U.S.C. 11001 et seq.,_provisions obligating thetransferee and its successors or assigns to obtain and maintain, during the ownership of such land, such Stood insarante as required with respect to financial assistance for acquisition or construction purposes tinder section 102(a) of the - _—Flood Disaster Protection Act of 1973- Such provisions t,aii be required notwd.thstaa'iing the fact that the constriction on such land is not itself funded with assistance provided under this Agreement. $. Eaual Ltolovment Onnortvnity: (a) Activities and contracts not subject to Executive Order 112116, as amended. In carrying out the program, the Grantee shall not discriminate against any employee or applicant for employment becaise of race, color, religion, sea, or national origin. The Grantee shall take affsaative action to.iasere that applicants for employment are employed, and thatesployees-ate treated during employment, without regard to their race, color, religion, sex, or national origin. Such ectien shall include, bnt.not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment =recruitment advertising; layoff or termination; sates of pay or other forms of compensation; and selection for training, including apprenticeship. The Grantee shall • • 1 • _4. 5• post.in conspicuous places, available to employees and applicants for employment, notices to be provided by the Government setting forth the ,/ provisions of this•ncadiscrm nation clause. the Grantee shall state that all qualified applicants will receive consideration for employs— card: mploy-meat without regard to race, color, religion, sex, or national origin. The Grantee shall incorporate the foregoing requirements of this paragraph (a) in all of its contracts for program work, except contracts governed by paragraph (b) of this section, and will require all of its contractors for such work to incorporate such requirements in all. subeontracts for program work. - (b) Contracts sublect to Executive Order 11246. as mended. Such contracts shall be -.subject to HUD -Equal Enploynent Opportunity regula- time at 21 CFR Part 130 applicable to HUD assisted construction contracts. The Grantee shall cause or require to be inserted in full in any nampt contract and subcontract for construction work, or'modification thereof, as defined in said regulations, which is paid for in whole or in part with assistance provided under this Agreement, the following equal opportunity clause: Dnrjng the perfor nye of this contract, the contractor agrees as So]lows: (I) The contractor will not discriminate against any employee cr applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure ND • 6. .' • that applicants are employed, and that employees are treated daring employment, without regard to their race, color, religion, sex, or national origin. Sucheation e1 iuclude, but.not be limited to, the folloutng: Employment, mpgrading, demotion, or transfer, recruit,. mentor recruitment advertising; layoff or termination; rates of pay or other forms of compensatiOn; and selection for training, including apprenticeship. The contractor agrees to post"in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiseriminalzixo2 clause (2) The contractor will, in all solicitations or advertisements • for employees placed by or on behalf of the -contractor, state that all qualified applicants Id= receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) The contractor 4411 send to each labor union or representa- tive of workers with which he bas a collective bargaillir.g agreement or °thier contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representa- tives of the contractors commitment under this section and 1-,n-11 post copies of the notice in conspecuous ;laces available to employees and epplica.ts for employment. • (b) The contractor will comply with all provisions of Executive Order 11.2h6 of September 21, 1965, and of the rules, regulations, and .t 7. relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 2h, 1965, and by the roles, regulations; and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Department and the Secretary of Labor for purposes of investigation .to ascertain compliance with such rules, regulations, and orders. (6) Ia the event of the contractor's noncompliance with the non-. ". discrimination clauses of this contract or With any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in Whole or in part and the contractor maybe declared in- . eligible for further Government contracts or federally assisted construc- tion contract procedures authorized in Executive Order 1121i6 or September 24, 1965, or by rule, regulation, or order of the Secretary of. Labor, crab otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs -(1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section.2o4 of Executive Order 11246 of September 25, 1965, so that .saeh provisions will be binding upon each subcontractorar vendor. The 8. • contractor win take such action.sd.th respect to any sabcantract or purchase order as the Department may direct as a means of enforcing tf such provis3ans, including sanctions for noncompliance:' Provided, however, that in, the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of mach direction by the Department, the contractor rosy saquest the 'United States to enter into such litigation to protect the interest or the United States. The Grantee further agrees that it sriV. be bound .by the above equal opportunity clanse with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the Grantee so participating is a State or local govern:at, the above equal opportunity clause is not applicable to.any agency, i trame„tal ty or subdivision of such government which does not participate in :mec sa or under the contract. - The Grantee agrees that it will assist and cooperate actively with the Department and the Secretary of Labor in ob raining the compliance of contractors and subcontractors with the equal opportunity clanse and the rules, regaLations, and relevant orders of the Secretary of Labor; that it will furnish the Department and the Secretary of Labor such information as they may require for the supervision of :each compliance; and that it & ll otherwise assist the Department in the discharge of its primary responsibility for securing compliance. .The 'Grantee Surther agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 112lt6• :oS September 2L, 1965, with a contractor debarred from, or who bas not demonstrated eligibility for, Government contracts. and federally assisted construction contracts pursuant to the executive order and will carryout such sanctions and penal.ties for violation of. the -equal opportunity clause as may be imposed upon contractors and subcontractors by the Department or the Secretary of Labor pursuant to Part II, part D of the executive order. In addition, the Grantee agrees that if it fails or refuses to comply with these undertakings, the Department may take any or all of the following actions: Cancel, . Theirtin-ate;'or suspend 3;n y are or as part the grant or loan guarantee; refrain from extending any further assistance to the Grantee under the 1 program with respect to which the failure or refusal secured until satis- factory assurance of future compliance has been received from such Grantee; and refer the case to the Deportment of Justice for appropriate'lega1 Proceedings; $• Lead -Based Paint Hazards: The construction or rehabilitation of residential structures with assistance provided under this Agreement is subject to the IIID Lead - Based Paint regulations, 24 CFR Part 35. dr{y grants or.loaas..m`de by the Grantee for the rehabilitation of .residential structures with assistance provided under this Agreement shall be nada subject to the 10. rav z ans for the Pi+'4nation of lead -base paint hazards under sob - part B of said regulations, and the,0rantee shall be responsible for the inspections and certifications required under section 35.11(f) thereat. 6. Comnliance with Air and Water Acts: •this Agreement is subject to the requirements of the Clean Air Act, as amended, 42 CSC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq. and the regulations of the Environmental Protection Agency with respect thereto, at 140 CFR Part 15, as amended from time to time. In cohplianee with said regulations, the Grantee shall cause or regaire.to be inserted in full in all contracts and subcontracts with respect to any nonexempt transaction thereunder Sanded with assistance provided 'ender this Agreement, the following requirements: (1) A stipulation by the contractor of subcontractors that any - facility to be -utilized in the performance of any nonexempt contract pr subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. • . (2) Agreement by the contractor tocomply with -all the requirements of section 114 of the Clean Air Act, as amended, (L2CSC 1857c-8) and section 308 of the Federal Water Pollution Control Act, as amended, (33USC 1318) relating to inspection, monitoring, entry, reports, and information, I 11. as well as all other requirements specified ia'said section 214 and section 308, and all regulations and guidelines issued thereunder. (3) A stipulation that as a condition for the award of the •. contract prompt notice will be given of any notification received mom the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. (h) Agreement by the contractor that he will include or cause to be included the criteria and requirements in paragraph (1) through (L) of this section in every nonexempt subcontract and requiring that -the contractor will -take such action as the Government may direct as a mesas of enforcing such provisions In= event shall any amount of the assistance provided ander this Agreement be utilized with respect to a facility which bas given rise to a conviction under section 113(c)(1) o. the Clean Air Act or section -309(c) of the Federal Hater Pollution Control Act. 7. Federal Labor Standards Provisions: 8 sept with respect to the rehabilitation of residential.property designed for residential use for less than eight families, the Grantee and all contractors engaged under contracts in excess of $2,000 -for the construction, pro;ecutiun, completion or repair or any building or work financed in whole or in part with assiztance provided under this Agree- • "12. Tit, shall comply with BUD requirements pertaining to such contracts and the applicable requirements or the regulations or the Department • el labor under 29 CFR Parts 3 and'5 , governing the payment of wages and the ratio of apprentices and trainees to journeymen: Provided, that 3r wage rates higher than those required under such regulations are imposed by state or local lain nothing hereunder is intended to relieve the Grantee of its obligation, if any, to require -- payment of the higher rates. The Grantee shall cause or require to be inserted in full, in all Such contracts subject to such regulations, provisions Tweeting the requirements of 29•CFR 5.5. MO award of the contracts covered under this section of the 1 Agreement shall be made to any -contractor who is at the time ineligible under the provisions of aAr applicable regulations of the Department . - of labor to receive bn award of such contract. 8. Nondiscrirrri.nation Under Title 9I of the Civil Rights Act of 196i This Agreement is subject to the requirements of .Title VI of the Civil Bights Act of 1961 (P.l. 88-352) and BCD regulations with respect thereto including the regulations under 211 CFA Part 1. In the sale, lease or.othdr.transfer. of land acquired, cleared or improved with assistance provided -under this Agreement, the Grantee shall cause or require a covenant running with the land to be inserted in the deed or lease for 13 - mach transfer, prohibiting discrimination upon the basis of race, color, religion, sec, or national origin, in the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon, and providing that the Grantee and the United States are beneficiaries of and entitled to enforce, such covenant. The Grantee, in undertaking its obligation in carrying out the program assisted here- under, -agrees to take such measures as are necessary to enforce such coveaeat and will not itself so discrimitate.' 9. Obligations of Grantee with Respect to'Certain Third Pasty 3ei at ^^shin: The Granteeshall-remain fully-obligated.sader the_provisions of • the Agreement notwithstanding its designation of any third party or parties Tor the undertaking of all or any part of the program with res- pect to which assistance is being provided ander this Agreement to the Grantee. Amy Grantee which is not the Applicant, 1' 11 comply with all lawful requirements of the Applicant necessary to immune that the program with -respect to which assistance is being provided ander this Agreement to the Grantee is carried out in accordance with the Applicant's Assurances and certifications, including those with respect to the assumption of environmental'rezpons bi ities-of the Applicant under section 104(h) of the Rousing and. Community Develop:cant Act of 1974- 10. Interest of Certain Federal Officials: NO mer of or Delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted toanyshare or part of lh. this Agreement or to any benefit to arise from the same. U. Interest of Members. Officers. or Emuloy'ees of Grantee, Members of Local Governing Body, or Other Public Officials: • - No member; officer, or employee of.the Grantee, or its designees or agents, no member of the governing body of the locality in which .the program is situated, and no other public official of such locality or localities who exercises any ftnetions or responsibilities with res- pect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted -under -the Agreement. The'Grantee shall incorporate, os cense to incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this section. 12. Prohibition Against Payments of Bonus or Commission: The assistance provided under this Agreement shall not be used in .the payment of any bones or Commission for the purpose of obtaining BUD approval of the application for such assistance, =BUD approval of applications for additional assistance, or any other approval or con- enrrence of BVD required under this Agreement, Title I_of the Rousing and Community Development Act of 1974 or BOD regulations with respect thereto, provided, however, that reasonable fees or bona fide technical, • • Corpus Christi, Texas (9 / y of 4(:441t . 19 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 suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is 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 ordinance finally,on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR- / E CITY CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack X. Dumphy Betty N. Turner Cliff Zarsky passed by the following vote: 1_5652