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"
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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
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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
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(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.
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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.
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JUL 1 _,,. lsc5
City. of Corpus Christi
By:
(Nene ojAppliemtr/Grwrree)
Mayor
(Tit),
(Date)
HUD -7082 (8-78)
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U. S. DEPARTE= OF HOUSING AND URBAN DEVELOPMENT
GRANT' AGRE 'ANT
COMMUSITIDEMOPIENT BLOCK GRANT PROGRAM
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Upon execution of the Acceptance Provisions of this Grant Agreement,
• .the Department of Housing and Urban Development (HUD) agrees to pro-
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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.
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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
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-this Agreement shall contain, if such land is located in an area
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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
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_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
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6.
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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
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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.
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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.
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(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,
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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-
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"12.
Tit, shall comply with BUD requirements pertaining to such contracts
and the applicable requirements or the regulations or the Department
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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
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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
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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