HomeMy WebLinkAbout890013.tiff RESOLUTION
RE: APPROVE APPLICANT STATEMENT OF ASSURANCES AND CERTIFICATIONS
REGARDING 1.989 CDBG PROGRAM AND AUTHORIZE CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Hoard has been presented with an Applicant
Statement of Assurances and Certifications regarding the CDBG
Program, and
WHEREAS, after review, the Board deems it advisable to
approve said Statement, a copy of which is attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Applicant
Statement of Assurances and Certifications regarding the CDBG
Program be, and hereby is approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is , authorized to sign said Statement.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 4th day of
January, A.D. , 1989 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: v,jJ 'h �nx WELD COUNTY, COLORADO
Weld County erk and Recorder /,,,
and Clerk to the Board C.W. Kirby, Cha ' man
BY: (1)44..n cc a.Clilitne Jaon, Pro-Tem
9eputy County Jerk
APPROVED AS TO FORM: ene R. Brantner
George Ke dy
te
ounty Attorney
. c
AO 06/7
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STATE OF COLORADO
Department of Local Affairs
1989 Community Development Block Grant Program
APPLICANT STATEMENT OF ASSURANCES AND CERTIFICATIONS
The applicant hereby assures and certifies that:
(a) It:
(1) Possesses legal authority to apply for the grant and to execute the proposed project, and its governing
body has duly adopted or passed as an official act a resolution, motion or similar action authorizing
the filing of the application, including all understandings and assurances contained therein,and directing
and authorizing the applicant's chief executive officer and/or other designated official representatives
to act in connection with the application and to provide such additional information as may be required;
and
(2) Has developed its application, including its projected use of funds, so as to give maximum feasible
priority to activities which will benefit low and moderate income persons or aid in the prevention or
elimination of slums or blight. (The requirement for this certification will not preclude the State from
approving an application where the applicant certifies and the State determines, that all or part of the
proposed project activities are designed to meet other community development needs that have arisen
during the preceding twelve-month period and have particular urgency because existing conditions pose
a serious and immediate threat to the health or welfare of the community and where other financial
resources are not available to meet such needs.)
(b) It is following a detailed citizen participation plan which:
(1) Provides for and encourages citizen participation with particular emphasis on participation by persons
of low and moderate income who are residents of slum and blight areas and of areas in which
Community Development Block Grant (CDBG) funds are proposed to be used;
(2) Provides citizens with reasonable and timely access to local meetings, information, and records relating
to its proposed and actual use of CDBG funds;
(3) Provides for technical assistance to groups representative of persons of low and moderate income that
request such assistance in developing proposals with the level and type of assistance to be determined
by the applicant;
(4) Provides for public hearings to obtain citizen views and to respond to proposals and questions at all
stages of the community development program, including at least the development of needs,the review
of proposed activities, and review of program performance,which hearings shall be held after adequate
notice at times and locations convenient to potential or actual beneficiaries, and with accommodation
for the handicapped;
(5) Provides for a timely written answer to written complaints and grievances,within 15 working days where
practicable; and
(6) Identifies how the needs of non-English speaking residents will be met in the case of public hearings
where a significant number of non-English speaking residents can be reasonably expected to participate.
(c) It has provided for and encouraged citizen participation, with particular emphasis on participation by persons of
low and moderate income who are residents of slum and blight areas and of areas in which CDBG funds are
proposed to be used, by:
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(1) Furnishing citizens information concerning the amount of funds available for proposed community
development and housing activities and the range of activities that may be undertaken, including the
estimated amount proposed to be used for activities that will benefit persons of low and moderate
income and its plans for minimizing displacement of persons as a result of activities assisted with CDBG
funds and to assist persons actually displaced as a result of such activities;
(2) Publishing a proposed project plan/application in such a manner to afford citizens an opportunity to
examine its content and to submit comments on the proposed project plan/application and on the
community development performance of the jurisdiction(s);
(3) Holding one or more public hearings, as indicated below, to obtain citizen views and to respond to
proposals and questions related to community development and housing needs, proposed activities
and past CDBG performance. All hearings were held no sooner than five days after notice, at times
and locations convenient to potential or actual beneficiaries, and with accommodation for the
handicapped and for the needs of non-English speaking residents where a significant number of such
residents could have been reasonably expected to participate.
Applicant/Participant• Date Time Location
Weld County (H.A.) 12/12/88 7:30 pm Gilcrest Town Hall
Weld County (H.A.) 12/20/88 7:30 pm Platteville Town Hall
*In the case of a"multi-jurisdictional"application,each directly participating municipality and county must hold at least one
public hearing,
(4) As applicable, providing citizens with reasonable and timely access to local meetings, information and
records regarding its proposed and past use of CDBG funds;
(5) In preparing its project plan/application, considering any such comments and views and, if deemed
appropriate, modifying the proposed project plan/application;
(6) Making the final project plan/application available to the public;
(7) Identifying its community development and housing needs, including the needs of low and moderate
income persons, and the activities to be undertaken to meet such needs.
(d) In the event it is awarded CDBG funds by the State, it will:
(1) Follow a residential antidisplacement and relocation assistance plan which shall:
(A) In the event of such displacement, provide that:
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(i) Governmental agencies or private developers shall provide within the same
community comparable replacement dwellings for the same number of occupants
as could have been housed in the occupied and vacant occupiable low and
moderate income dwelling units demolished or converted to a use other than for
housing for low and moderate income persons, and provide that such replacement
housing may include existing housing assisted with project based assistance
provided under section 8 of the United States Housing Act of 1937;
(ii) Such comparable replacement dwellings shall be designed to remain affordable to
persons of low and moderate income for 10 years from the time of initial occupancy;
(Hi) Relocation benefits shall be provided for all low or moderate income persons who
occupied housing demolished or converted to a use other than for low or moderate
income housing, including reimbursement for actual and reasonable moving
expenses, security deposits, credit checks, and other moving-related expenses,
including any interim living costs; and, in the case of displaced persons of low and
moderate income, provide either:
(I) compensation sufficient to ensure that, for a 5-year period, the displaced
families shall not bear, after relocation, a ratio of shelter costs to income
that exceeds 30 percent; or
(II) if elected by a family, a lump-sum payment equal to the capitalized value
of the benefits available under subclause (I) to permit the household to
secure participation in a housing cooperative or mutual housing
association:
(iv) Persons displaced shall be relocated into comparable replacement housing that is:
(I) decent, safe, and sanitary;
(II) adequate in size to accommodate the occupants;
(III) functionally equivalent; and
(IV) in an area not subject to unreasonably adverse environmental conditions;
(B) persons displaced shall have the right to elect, as an alternative to the benefits under this
subsection to receive benefits under the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 if such persons determine that it is in their best interest to do
so; and
(C) where a claim for assistance under subparagraph (A)(iv) is denied by grantee, the claimant
may appeal to the State, and that the decision of the State shall be final unless a court
determines the decision was arbitrary and capricious.
(2) Comply with the provisions of the above paragraph (1) except that paragraphs (A)(i) and (A)(ii) shall
not apply in any case in which the Secretary of the U.S. Department of Housing and Urban Development
finds, on the basis of objective data, that there is available in the area an adequate supply of habitable
affordable housing for low and moderate income persons. A determination under this paragraph is final
and nonreviewable.
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(3) Provide citizens with reasonable notice of, and opportunity to comment on, any substantial change
proposed to be made in the use of CDBG funds from one eligible activity to another by following the
same procedures required in paragraphs (b) and (c) for the preparation and submission of the final
project plan/application.
(e) It will:
(1) Minimize displacement of persons as a result of activities assisted with CDBG funds and provide for
reasonable benefits to any person involuntarily and permanently displaced as a result of the use of
CDBG funds to acquire or substantially rehabilitate property;
(2) Affirmatively further fair housing in addition to conducting and administering its project in conformity
with Public Law 88-352 and Public Law 90-284 as certified in paragraph (h) hereinafter;
(3) Not attempt to recover any capital costs of public improvements assisted in whole or part with CDBG
funds by assessing any amount against properties owned and occupied by persons of low and
moderate income, including any fee charged or assessment made as a condition of obtaining access
to such public improvements, unless:
(A) CDBG funds are used to pay the proportion of such fee or assessment that relates to the
capital costs of such public improvements that are financed from revenue sources other than
the CDBG program, or
(B) for purposes of assessing any amount against properties owned and occupied by persons
of moderate income who are not persons of low income, it certifies that it lacks sufficient
CDBG funds to comply with the requirements of subparagraph (A);
(f) Its chief executive officer or other officer of the applicant approved by the State:
(1) Consents to assume the status of responsible Federal official under the National Environmental Policy
Act of 1969 (NEPA) and other provisions of Federal law, as specified in 24 CFR Part 58, which further
the purposes of NEPA, insofar as the provisions of such Federal law apply to the Colorado Community
Development Block Grant (CDBG) Program;
(2) Is authorized and consents on behalf of the applicant and himself/herself to accept the jurisdiction of
the Federal courts for the purpose of enforcement of his/her responsibilities as such an official.
(g) It will comply with the financial management regulations, policies, guidelines and requirements set forth in the
CDBG Grantee Handbook.
(h) It will comply with:
(1) Section 110 of the Housing and Community Development Act of 1974, as amended, and any State
regulations regarding the administration and enforcement of labor standards;
(2) Davis-Bacon Fair Labor Standards Act (40 USC 276a - 276a-5) requiring that, on all contracts and
subcontracts which exceed$2,000 for federally-assisted construction,alteration or rehabilitation,laborers
and mechanics employed by contractors or subcontractors shall be paid wages at rates not less than
those prevailing on similar construction in the locality as determined by the Secretary of Labor. (This
requirement applies to the rehabilitation of residential property only if such property is designed for use
of eight or more families.)
(3) Contract Work Hours and Safety Standards Act of 1962 (40 USC 327 et seq.) requiring that
mechanics and laborers employed on federally-assisted contracts which exceed $2,000 be paid wages
of not less than one and one-half times their basic wage rates for all hours worked in excess of forty
in a work week.
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(4) Copeland "Anti-Kickback" Act of 1934 (40 USC 276 (c)) prohibiting and prescribing penalties for
"kickbacks" of wages in federally- financed or assisted construction activities.
(i) It will comply with:
(1) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 USC 2000 (d)) prohibiting discrimination
on the basis of race, color, or national origin in any program or activity receiving federal financial
assistance.
(2) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284; 42 USC 3601), as amended, popularly
known as the Fair Housing Act, prohibiting housing discrimination on the basis of race, color, religion,
sex, or national origin, and requiring HUD to administer its programs in a manner which affirmatively
promotes fair housing.
(3) Section 109 of the Housing and Community Development Act of 1974 (42 USC 5309),as amended,
providing that no person shall be excluded from participation (including employment), denied program
benefits or subjected to discrimination on the basis of race, color, national origin or sex under any
program or activity funded in whole or in part under Title I (Community Development) of the Housing
and Community Development Act.
(4) Executive Order 11063 (1962), as amended by Executive Order 12259, requiring equal opportunity
in housing by prohibiting discrimination on the basis of race, color, religion, sex or national origin in
the sale or rental of housing built with federal assistance.
(5) Executive Order 11246 (1965), as amended by Executive Orders 11375, prohibiting discrimination on
the basis of race, color, religion, sex or national origin in any phase of employment during the
performance of federal or federally-assisted contracts in excess of $2,000.
(6) Section 3 of the Housing and Community Development Act of 1968 (12 USC 1701 (u)), as
amended, providing that,to the greatest extent feasible, opportunities for training and employment that
arise through HUD-financed projects, will be given to lower-income persons in the unit of the project
area, and that contracts be awarded to businesses located in the project area or to businesses owned,
in substantial part, by residents of the project area.
(7) Section 504 of the Rehabilitation Act of 1973 (29 USC 793),as amended, providing that no otherwise
qualified individual shall, solely by reason of a handicap, be excluded from participation (including
employment), denied program benefits or subjected to discrimination under any program or activity
receiving federal funds.
(8) Age Discrimination Act of 1975, (42 USC 6101), as amended, providing that no person shall be
excluded from participation, denied program benefits or subjected to discrimination on the basis of age
under any program or activity receiving federal funds.
(j) It will comply with:
(1) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 --Title III, Real
Property Acquisition (Pub. L. 91-646 and HUD implementing regulations at 24 CFR Part 42),
providing for uniform and equitable treatment of persons displaced from their homes, businesses, or
farms by federal or federally-assisted programs and establishing uniform and equitable land acquisition
policies for federal assisted programs. Requirements include bona fide land appraisals as a basis for
land acquisition, specific procedures for selecting contract appraisers and contract negotiations,
furnishing to owners of property to be acquired a written summary statement of the acquisition price
offer based on the fair market price, and specified procedures connected with condemnation.
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(2) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 -- Title II,
Uniform Relocation Assistance (Pub. L.91-646 and HUD implementing regulations at 24 CFR Part
42), providing for fair and equitable treatment of all persons displaced as a result of any federal or
federally-assisted program. Relocation payments and assistance, last-resort housing replacement by
displacing agency, and grievance procedures are covered under the Act. Payments and assistance
will be made pursuant to state or local law, or the grant recipient must adopt a written policy available
to the public describing the relocation payments and assistance that will be provided. Moving expenses
and up to$15,000 or more for each qualified homeowner or up to $2,000 or more for each tenant are
potential costs.
(k) It will comply with:
(1) National Environmental Policy Act of 1969 (42 USC 4321 et seq.), as amended, and the
implementing regulations of HUD (24 CFR Part 58)and of the Council on Environmental Quality(40 CFR
Parts 1500 - 1508) providing for establishment of national policy, goals, and procedures for protecting,
restoring and enhancing environmental quality.
(2) National Hir is Preservation Act of 1966 (16 USC 470 et seq.), as amended, requiring
consideratio: .ne effect of a project on any district, site, building, structure or object that is included
in or eligible tot inclusion in the National Register of Historic Places.
(3) Executive Order 11593, Protection and Enhancement of the Cultural Environment, May 13, 1971
(36 FR 8921 et seq.) requiring that federally-funded projects contribute to the preservation and
enhancement of sites, structures and objects of historical, architectural or archaeological significance.
(4) The Archaeological and Historical Data Preservation Act of 1974,amending the Reservoir Salvage
Act of 1960 (16 USC 469 et seq.), providing for the preservation of historic and archaeological data
that would be lost due to federally-funded development and construction activities.
(5) Executive Order 11988, Floodplain Management, May 24, 1977 (42 FR 26951 et seq.) prohibits
undertaking certain activities in flood plains unless it has been determined that there is no practical
alternative, in which case notice of the action must be provided and the action must be designed or
modified to minimize potential damage.
(6) Executive Order 11990, Protection of Wetlands, May 24, 1977(42 FR 26961 et seq.)requiring review
of all actions proposed to be located in or appreciably affecting a wetland. Undertaking or assisting
new construction located in wetlands must be avoided unless it is determined that there is no practical
alternative to such construction and that the proposed action includes all practical measures to minimize
potential damage.
(7) Safe Drinking Water Act of 1974 (42 USC 201, 300 f et seq., 7401 et seq.), as amended, prohibiting
• the commitment of federal financial assistance for any project which the Environmental Protection
Agency determines may contaminate an aquifer which is the sole or principal drinking water source for
an area.
(8) The Endangered Species Act of 1973 (16 USC 1531 et seq.), as amended, requiring that actions
authorized, funded, or carried out by the federal government do not jeopardize the continued existence
of endangered and threatened species or result in the destruction or modification of the habitat of such
species which is determined by the Department of the Interior, after consultation with the State, to be
critical.
(9) The Wild and Scenic Rivers Act of 1968 (16 USC 1271 et seq.), as amended, prohibiting federal
assistance in the construction of any water resources project that would have a direct and adverse affect
on any river included in or designated for study or inclusion in the National Wild and Scenic Rivers
System.
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(10) The Clean Air Acr 1970 (42 USC 1857 et seq.), as amender .quiring that federal assistance will
not be given and that license or permit will not be issued to any activity not conforming to the State
implementation plan for national primary and secondary ambient air quality standards.
(11) HUD Environmental Criteria and Standards (24 CFR Part 51) providing national standards for noise
abatement and control, acceptable separation distances from explosive or fire prone substances, and
suitable land uses for airport runway clear zones.
(I) It will:
(1) Comply with The Lead-Based Paint Poisoning Prevention Act— Title IV (42 USC 4831) prohibiting
the use of lead-based paint in residential structures constructed or rehabilitated with federal assistance,
and requiring notification to purchasers and tenants of such housing of the hazards of lead-based paint
and of the symptoms and treatment of lead-based paint poisoning.
(2) Give the State, the U.S. Department of Housing and Urban Development (HUD), and any authorized
representatives access to and the rights to examine all records, books, papers or documents related
to the application and grant; and
(m) It will comply with all parts of Title 1 of the Housing and Community Development Act of 1974, as amended, which
have not been cited previously as well as with other applicable laws and regulations.
Signature, Chief Elected Official Signature, Chief Elected 0 ' lal**
C.W. Kirby
Name (typed or printed) Name (typed printed)
Chairman
Title
Date' trnl Tit Date
ATTEST:
L /
Signatur,b, Chief Elected ffici Signature, Chief Elected Offi 'al**
Name (typed or pr' ed) Name (typed or printed)
Title Date Title-- Date
Signature, Chief Elected fficial Signature, Chief Elected Offi ' **
Name printed) Name (typed or printed)
Tiu Date Titl� Date
**Additional signatures are required only in the case of"multi-jurisdictional"applications. If this is a multi-jurisdictional application, the Chief
Elected Official of each municipality and county directly participating in the application must sign.
890013
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