HomeMy WebLinkAbout16396 ORD - 07/22/1981° ls:7/20/81;lst �
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AN ORDINANCE
APPROVING AND ACCEPTING THE FUNDING AGREEMENT OFFERED
BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR
THE SEVENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM, NO. B -81 -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 CHRISTI,
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 agree-
ment offered by the Department of Housing and Urban Development for the
Seventh Year Community Development Block Grant Program, No. B -81 -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 exe-
cute 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 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 intro-
duction but that such ordinance or resolution shall be read at three several
meetings of the City Council, and the Mayor or Council members, having de-
clared that such necessity exists, having requested the suspension 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 IS ACCORDINGLY SO ORDAINED, this the 22— day of July, 1981.
ATTEST:
Cr Secretary
APPROVED:
y'Y17AY OF JULY, 1981:
OCK CITY ATTORNEY
THE Ci)fY OF CORPUS CHRISTI, TEXAS
1SE'p 2 77984
16396 °,
U S DEPARTMENT OF HOUSING 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
I. NAME OF APPLICANT
City of Corpus Christi
2. APPLICATION GRANT NO.
B-81-MC-48-0502
3. APPLICANT'S ADDRESS (Include Street, Cil•, CounI. Stele and 2,P Code)
Post Office Box 9277 7
Corpus Christi, Texas 78408
County of NueceS
l•-2:.‘:f 2111 _;
0. FF CF
•":";IE MAYOR
4. DATE OF APPLICATION
March 31, 1981
-c-1,,,, Z '67708' RL<E i7.-i- o<-nP LIC: T10': - -
May 14, 1981
6-- -
;g, Original Funding Approval
I__ Amendment. Amendment No.—_ ----
All section references below are to the Housing 'and Community Development Ad of 1974 as amended unless otherwise indicated.
7. CATEGORY OF COMMUNITY DEVELOPMENT BLOCK GRANT FOR'`TPIIS FUNDING ACTION
(Check only one)
a. [g Metropolitan Entitlement (Sec. 106)
b. ❑ Metropolitan Discretionary (Sec. 106)
c. 0 Non-Metropolitan Entitlement (Sec. 106)
d. [Ti Non-Metropolitan Discretionary (Sec. 106)
e. ❑ Secretary's Discretionary (Sec. 107)
I. [] Categorical Program Settlement Grants (Sec. 103'b))
6. AMOUNT OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS APPROVED
a. Amount of CDBG Funds Currently Reserved for this Applicant S 5341 000
b. Amount of CDBG Funds Nov, Being Approved for this Applicant S 5, 341, 000
c. Amount of Reservation to be Cancelled (Line 8a minus 8b) S _t)-
HUD ACCOUNTING USE ONLY
BATCH
TAC
P4.MRAM
Y
A
MEG
AREA
DOCUMENT NO
PROJECT NUMSER -
1
I
I
I
i fl I
7
01812
t 4 4 12 13
14 13 13 23 43 33
CATEGORY.AMOUNT
EFFECTIVE DATE
F
AMOUNT 2
SCHEDULE NO
ITU
H hIIIIIT_HW1
TT
I,
33 41 43 30 34 en al 33 70 2A
9. DISTRIBUTION OF APPROVED COMMUNITY DEVELOPMENT BLOCK GRANT
a. Grant Amount Budgeted by Locality for Repayment of Urban Renewal Loans S —0—
b. Grant Amount Wrtnheld 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)) S —0—
d. Sum of lines 9a, 9b, and 9c S -0-
e. Amount of Approved CDBG Available for Disbursement (Line 8b minus 9d) S-5,141, 000
Prev,ovs Edlr,ons are OLsolere
HUD -7082 (8-7B1
10. A1.IOUNT OF SURPLUS URBAN RENEWAL FUNDS APPROVED AND BALANCE AVAILABLE'(See. )12(b)) !
a. Amount of Surplus U.R. Funds Reserved for this Applicant 5 -0-
b. Amount of Surplus U.R. Funds Now Being Approved S -0-
c. Balance of Surplus U.R. Funds Available for Future Use (Line 10a minus 10b) S -0—
HUD ACCOUNTING USE ONLY
BATCH
TAC
PROGRAM
�i -1—
Y
AREG
—
�_
AREA
DOCUMENT NO.
PROJECT NUMBER • 5l
Y
1673
117 i6
I
7 0
8 2T1
2 9 12
13 la 16 l8 23 30 35
CATEGOR
AMOUNT 1
EFFECTIVE DATE
F
AMOUNT 2
SCHEDULE NO.
III
• 41 45 50 54 60 61 65 70 74 79
11. MAXIh1U 1 AMOUNT OF LOAN GUARANTEE COMMITMENT AVAILABLE AND AMOUNT NOW BEING APPROVED
a. Applicant's Latest Entitlement Amount - S -0- x 3
S
-0-
b. Grant Amount Required by HUD lobe Applied to Urban Renewal Loans
$ _0_ •
c. Amount of Outstanding Loans (Including Principal and Interest Thereon) Guaranteed
Pursuant to Section 108
$
-0-
d. Amount of Outstanding Loan Guarantee Commitments Approved Pursuant to Section 108
S _o_
e. Maximum Amount of Loan Guarantee Commitment Available (Line Ila minus Ilb, Ile.
and lid)
$
-0—
f. Amount of Loan Guarantee Commitment Now Being Approved
S
12. RECIPIENT OF LOAN GUARANTEE (Check Applicable Box)
a. O Applicant Identified in Block No. 1
b. 0 Public Agency Designated by Applicant as Grantee to Receive Loan Guarantee (Name and Address)
N/A
1
HUD -7082 18-78)
13. R'aiscr,of Certain Application Requirements for Section 106 Grants. ,
0 The application requirements of Section I04(a)(1), (2) and (3) arc waived pursuant to Section 104(bx3), except
1 as indicated below:
NONE
14. Determination Regarding Particularly Urgent Needs to be Met by Proposed Activities
❑ HUD has determined that the activities described in the application as supporting community development needs
1 having a particular urgency, as specifically described in the application, are designed to meet such needs.
NONE
15. Environmental Review Actions
(a) ❑ The Applicant lacks legal capacity to assume environmental responsibilities under Section 104(h). HUD
1 has prepared and circulated a final Environmental Impact Statement on the application.
(b) fl The Applicant has legal capacity to assume environmental responsibilities uncle; Section 104(h) and has
2 submitted requests for release of funds and certifications approved by HUD under Section 104(h)(2) for
all projects which are subject to the environmental review requirements of 24 CFR Part 58 and require
HUD release of funds, except those listed under Item 16(a) hereof.
16. Conditional Approvals on Use of Funds
The obligation or utilization of funds for the activities 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 104(h)(2): (However, funds may be obligated or
utilized for: (1) the payment of reasonable administrative costs related to the planning and execution of projects
listed in this subsection and (2) other related activities specified under 24 CFR 58.21 as exempt from environ-
mental review requirements, including eligible planing, design, and environmental activities.)
111E Tract 16 Center Improvements
1110 Dahlia Terrace Area Improvements
#111 Baldwin Park Area Improvements
#1I Pineda Park Area Improvements
1t1J Broadmoor Park' Area Improvements
112A Downtown Economic Development Parking _
1/38 Airport Ditch Access
b`4E Hialco Roof Rehabilitation
#'5 Greenwood Park Fill and Leveling
116 Rehabilitation Program
117 Women's Shelter Rehabilitation
118 Demonstration Rehabilitation Program
119 • BID, Inc. •
1113 Kiwanis Recreation Center and Renovation
1115 Emergency Home Repairs & Weatherization
#16 Connection of Surfside to Timon Boulevard
#17 Re—alignment of Aubrey and Belden Streets
#19 Waldron Road Sidewalk
1120 Purdue Road Sidewalk
#22 Peoples Street and Shoreline Drive
Contingencies
HUD -7082 18-70
(h) Set. 1125 (9) (S)tpuhhc services determined necessary or approp'ridte for'which other Federal assistance
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 undertaken as a result of program amendments, or
as unspecified 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,
dre cited as Special Conditions in Item 18.)
NONE
17. Ineligible Activities Reducing Section 106 Grant Entitlement
❑ Application for funding of the following proposed activities, determined by HUD to be ineligible under Title I
of the Act, is disapproved and the Applicant's Sec. 106 grant entitlement has been reduced in the amount
I .shown below:
Proposed Activity
N/A
Total:
Amount
MUD -7082 (8-7;)
IS. Special Conditions and Modifications of Grant Agreement
NONE
Check if continued on extra sheet and attach.
The funding approsal indicated above for utilization of the assistance provided thereunder in accordance with the appron,ed
application, subject to the requirements of Title 1 of the Housing and Community Development Act of 1974 (P.L. 93.383), as
amended, and the Department of Housing and Urban Deselopment's rules and regulations, and the execution of a Grant Agree-
ment in actor dance therewith, is hereby authorized for the program year beginning on August 1;' 1981
Date: JUN 2 9 1981
Secretary of Housing and Urban Development
(Signa
FINNIS E. JOLLY. AREA MANAGER
SAN ANTONIO HUD AREA OFFICE
(Title)
!Date Applicant notified that funding has been authorized: JUL 2 1981
HUD -7082 (8-740
ACCEPTANCE PROVISIONS
JUL 2 1981
The Grant Agreement, authorized by the Department of Housing and Urban Development on
under the Funding Approval for application/grant number E-81—NC-48—£1502
is hereby accepted by the Applicant as Grantee under the Agreement; and the Applicant/Grantee agrees to comply, and to
accept responsibility 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 business investment 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.
ATTEST:
City Secretary
APPROVED:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
APPROVED:
City of Corpus Christi
(A'ane of Applicant/Grantee)
By:
(Signature of Authorized Official)
R. Marvin Townsend
City Manager
(Title)
Assistant City Manager
(Date)
HUD -7C82 (8-78)
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
GRANT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Upon execution of the Acceptance Provisions of this Grant Agreement, the
Department of Housing and Urban Development (HUD) agrees to provide to the
Grantee the Federal assistance under Title I of the Housing and Community
Development Act of 1974 (P.L. 93-383) authorized by the Funding Approval
identified therein, subject to the terms and conditions of this Grant
Agreement, applicable law, regulations and all other requirements of HUD
now or hereafter in effect. The Grant Agreement is effective with respect
to such assistance as 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,
certifications, maps, schedules or other submissions 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 24 CFR Part 570, shall have the same meaning when used herein.
(a) Agreement means this Grant Agreement, as described above and
any amendments or supplements thereto.
(b) Applicant means the entity designated as such in the Funding
Approval.
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(c) Grantee means each entity designated as a recipient for grant
or loan guarantee assistance in the Funding Approval and signing the
acceptance provisions as Grantee under the Agreement.
(d) Assurances, when capitalized, means the certifications and
,assurances submitted with grant applications pursuant to the requirements of
24 CFR Part 570.
(e) Assistance provided under this Agreement means the grants and
any loans secured by loan guarantees provided under this Agreement.
(f) Program means the community development program, project, or
other activities, including the administration thereof, with respect to
which assistance is being provided under this Agreement.
2. "Section 3" Compliance in the Provision of Training, Employment
and Business Opportunities:
This Agreement is subject to the requirements of section 3 of the
Housing and Urban Development Act of 1968 (12 USC 1701u), as amended, the HUD
regulations issued pursuant thereto at 24 CFR Part 135, and any applicable
rules and orders of HUD issued thereunder prior to the HUD authorization of
the Funding Approval.
The Grantee shall cause or require to be inserted in full in all contracts
and subcontracts for work financed 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 such copies of 24 CFR Part 135 as may be.
necessary for the information of parties to contracts 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. 93-234). No portion of the assistance provided
3
under this Agreement is approved for acquisition or construction purposes
as defined under section 3(a) of said Act, for use in an area identified
by the Secretary as having special flood hazards which is located in a
community 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 such
acquisition or construction in such identified areas in communities then
participating in the national flood insurance program shall 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 under this
Agreement shall contain, if such land is located in an area identified by
the Secretary as having special flood hazards and in which the sale of flood
insurance has been made available under the National Flood Insurance Act of
1968, as amended, 42 U.S.C. 4001 et seq., provisions obligating the transferee
and its successors or assigns to obtain and maintain, during the ownership
of such land, such flood insurance as required with respect to financial
assistance for acquisition or construction purposes under section 102(a) of
the Flood Disaster Proteciton Act of 1973. Such provision shall be required
notwithstanding the fact that the construction on such land is not itself
funded with assistance provided under this Agreement.
4. Equal Employment Opportunity:
(a) Activities and contracts not subject to Executive Order 11246,
as amended. In carrying out the program, the Grantee shall not discriminate
against any employee or applicant .for employment because of race, color,
religion, sex, or national origin. The Grantee shall take affirmative action to
insure that applicants for employment are employed, and that employees are treated
during employment, without regard to their race, color, religion, sex, or national
origin. Such action shall include, but not be limited to, the following: employ-
ment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection
for training, including apprenticeship. The Grantee shall post in conspicuous,
places, available to employees and applicants for employment, notices to be provided
by the Government setting forth the provisions of this nondiscrimination clause.
The Grantee shall state that all qualified applicants will receive consideration for
employment 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 subcontracts for program work.
(b) Contracts subject to Executive Order 11246, as amended. Such
contracts shall be subject to HUD Equal Employment Opportunity regulations at
24 CFR Part 130 applicable to HUD assisted construction contracts.
The Grantee shall cause or require to be inserted in full in any nonexempt
contract and subcontract 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:
During the performance of this contract, the contractor agrees as
follows:
5-
(1) The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or national
origin. The contractor will take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, without regard
to their race, color, religion, sex, or national origin. Such action shall
include,but not be limited toy the following: Employment, upgrading, demotion,
or transfer, recruitment or 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 nondiscrimina—
tion 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 will receive consideration for employment without regard to race,
color, religion, sex, or national origin.
(3) The contractor will send to each labor union or representative
of workers with which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided by the Contract Compliance
Officer advising the said labor union or workers' representatives of the
contractor's commitment under this section and shall post copies of the notice
in conspicuous places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive
Order 11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
6
(5) The contractor will furnish all information and reports
required by Executive Order 11246 of September 24, 1965, and by the rules,
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) In 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 may be declared ineligible for further Government
contracts or federally assisted construction contract procedures authorized
in Executive Order 11246 of September 24, 1965, or by rule, regulation, or
order of the Secretary of Labor, or as 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 204
of Executive Order 11246 of September 25, 1965, so that such provisions will
be binding upon each subcontractor or vendor. The contractor will take such
action with respect to any subcontract or purchase order as the Department
may direct as a means of enforcing such provisions, 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 such direction by the Department, the contractor may request the
United States to enter into such litigation to protect the interest of the
United States.
•
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The Grantee further agrees that it will be bound by the above
equal opportunity clause 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 government, the above
equal opportunity clause is not applicable to any agency, instrumentality or
subdivision of such government which does not participate in work on or under
the contract.
The Grantee agrees that it will assist and cooperate actively with
the Department and the Secretary of Labor in obtaining the compliance of
contractors and subcontractors with the equal opportunity clause and the
rules, regulations, 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 such compliance; and that it will
otherwise assist the Department in the discharge of its primary responsiblity
for securing compliance.
The Grantee further agrees that it will refrain from entering into
any contract or contract modification subject to Executive Order 11246 of
September 24, 1965, with a contractor debarred from, or who has not demon-
strated eligibility for, Government contracts and federally assisted construc-
tion contracts pursuant to the executive order and will carry out such sanctions
and penalties 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, Subpart D of the executive order. In addition,
the Grantee agrees that if it fails or refuses to comply with these under-
takings, the Department may take any or all of the following actions: Cancel,
terminate, or suspend in whole or in part the grant or loan guarantee; refrain
from extending any further assistance to the Grantee under the program with
•
8
respect to which the failure or refusal occurred until satisfactory assurance
of future compliance has been received from such Grantee; and refer the case
to the Department of Justice for appropriate legal proceedings.
5. Lead -Based Paint Hazards:
The construction or rehabilitation of residential structures with
assistance provided under this Agreement is subject to the HUD Lead -Based
Paint regulations, 24 CFR Part 35. Any grants or loans made by the Grantee
for the rehabilitation of residential structures with assistance provided
under this Agreement shall be made subject to the provisions for the elimi-
nation of lead -base paint hazards under sub -part B of said regulations, and
the Grantee shall be responsible for the inspections and certifications
required under section 35.14(f) thereof.
6. Compliance with Air and Water Acts:
This Agreement is subject to the requirements of the Clean Air Act,
as amended, 42 USC 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 40 CFR Part 15, as amended from
,time to time.
In compliance with said regulations, the Grantee shall cause or
require to be inserted in full in all contracts and subcontracts with respect
to any nonexempt transaction thereunder funded with assistance provided under
this agreement, the following requirements:
(1) A stipulation by the contractor or subcontractors that any
facility to be utilized in the performance of any nonexempt contract or sub-
contract is not listed on the List of Violating Facilities issued by the
Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20.
9
(2) Agreement by the contractor to comply with all the requirements
of section 114 of the Clean Air Act, as amended, (42USC 1857c-8) and section
308 of the Federal Water Pollution Control Act, as amended, (33USC 1318)
relating to inspection, monitoring, entry, reports, and information, as well
as all other requirements specified in said section 114 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 from 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.
(4) Agreement by the contractor that he will include or cause to be
included the criteria and requirements in paragraph (1) through (4) of this
section in every nonexempt subcontract and requiring that the contractor will
take such action as the Government may direct as a means of enforcing such
provisions.
In no event shall any amount of the assistance provided under this
Agreement be utilized with respect to a facility which has given rise to a
conviction under section 113(c)(1) of the Clean Air Act or section 309(c) of
the Federal Water Pollution Control Act.
7. Federal Labor Standards Provisions:
Except 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,
prosecution, completion or repair of any building or, work financed in whole or
in part with assistance provided under the Agreemnt, shall comply with HUD
requirements pertaining to such contracts and the applicable requirements of the
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regulations of the Department of Labor under 29 CFR Parts 3 and 5, governing
the payment of wages and theratio of apprentices and trainees to journeymen.
Provided, that if wage rates higher than those required under such regulations
are imposed by state or local law, 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 meeting the requirements of 29 CFR 5.5.
No award of the contracts covered under this section of the Agreement
shall be made to any contractor who is at the time ineligible under the provisions
of any applicable regulations of the Department of Labor to receive an award of
such contract.
8. Nondiscrimination Under Title VI of the Civil Rights Act of 1964.
This Agreement is subject to the requirements of Title VI of the
Civil Rights Act of 1964 (P.L. 88-352) and HUD Regulations with respect thereto
including the regulations under 24 CFR Part 1. In the sale, lease or other
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 such transfer, prohibiting
discrimination upon the basis of race, color, religion, sex, 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, is undertaking its obligation in carrying out the
program assisted hereunder, agrees to take such measures as are necessary to
enforce such covenant and will not itself so discriminate.
9. Obligations of Grantee with Respect to Certain Third Party Relationships:
The Grantee shall remain fully obligated under the provisions of the
Agreement notwithstanding its designation of any third party or parties for the
11.
undertaking of all or any part of the program with respect to which assistance
is being provided under this Agreement to the Grantee. Any Grantee which is
not the Applicant, shall comply with all lawful requirements of the Applicant
necessary to insure that the program with respect to which assistance is being
provided under 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 responsibilities of the Applicant under
Section 104 (h) of the Housing and Community Development Act of 1974.
10. Interest of Certain Federal Officials:
No member of or Delegate to the Congress of the United States, and no
Resident Commissioner, shall be admitted to any share or part of this Agreement
or to any benefit to arise from the same.
11. Interest of Members, Officers, or Employees 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 functions or responsibilities with respect to the program during
his tenure or for ony 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, or cause to incorporated, in all such contracts
or subcontracts a provision prohibiting such interest pursuant to the purpose
of this section.
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12. Prohibition Against Payments of Bonus or Commission:
The assistance provided under this Agreement shall not be used in
the payment of any bonus or commission for the purpose of obtaining HUD approval
of the application for such assistance, or HUD approval of applications for
additional assistance, or any other approval or concurrence of HUD required
under this Agreement, Title I of the Housing and Community Development Act
of 1974 or HUD regulations with respect thereto; provided, however, that
reasonable fees or bona fide technical, consultant, managerial or other such
services, other than actual solicitation, are not hereby prohibited if otherwise
eligible as program costs.
Corpus Christi, Tex
.22- day of
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, but that such ordinance or resolution shall be read
at three meetings of the City Council; I/we, 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,
Council Members
Respectfully,
MAY
he CityofCorpus Christi, Texas
The Charter rule was suspended by the following
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L.—Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
The above ordinance was passed
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
vote:
by the
following
vote:
16396