HomeMy WebLinkAbout770424.tiff RESOLUTION
RE: APPROVAL OF COMMUNITY DEVELOPMENT ENVIRONMENTAL REVIEW
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 Board of County Commissioners has made appli-
cation to the Department of Housing and Urban Development in the
amount of $203, 000 . 00 for use in the Wattenburg/Espanole Sub-
divisions for housing rehabilitation purposes, and
WHEREAS, one of the requirements of the community develop-
ment program is that an environmental review be made, and
WHEREAS , a review has been made and copies of said review
are on file with the Clerk to the Board, and
WHEREAS , the findings of the Environmental Review Record
were that there is no significant effect on the environment for
the following reasons :
1. Findings revealed that approximately thirty (30)
residential units will be rehabilitated;
2 . Findings revealed that negative impact on the
human and physical environment is insignificant;
3 . There is a net positive impact on the human and
physical environments.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado, that the following action
be taken, pursuant to the HUD regulations :
1. On August 24, 1977, a Notice of Finding No
Significant Effect on the Environment be pub-
lished;
2 . On September 14 , 1977, a Notice to Public of
Request for Release of Funds be published;
3. On September 19 , 1977, a request for release of
funds shall be made to the Department of Housing
and Urban Development by the Board of County
Commissioners .
p.. ,." ///72a // 770424
The above and foregoing Resolution was, on motion duly
made and seconded, adopted by the following vote on the 15th
day of August, A.D. , 1977 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
c� — :1 p
6-- ,�r�,"7 (r/lr,- o�,-:l_',. totem
4. 2
4a Ae-L:le-rt.e
ATTEST: ‘116 Ow,&4-eAAfikst
Weld County Clerk and Recorder
Clerk to the B
Deputy County erk
i
A P O AS TOFORM:
County Attorney
Date Presented: August 22 , 1977
-2-
December 8 , 1977
I hereby certify that a public meeting was conducted
in the Espanola Subdivision for the purpose of discussing the
Espanola Subdivision Community Development Project . Weld County
Rehabilitation Officer , William Rodriquez , explained in detail the
design of the program, the eligibility requirements and funding
levels . Mr . Rodriquez introduced the Rehabilitation Officer for
the Espanola Subdivision project , Bill Hughes , and told the audience
when and how to contact him about its participation in the project .
Mr. Rodriquez translated the entire meeting in Spanish. Also present
at the meeting was Planning Director , Gary Fortner , County Commissioner ,
Ed Dunbar , and acting Clerk to the Board , Jeannette Ordway . The
meeting began at approximately 7 : 00 P . M. and was concluded at
approximately 9 : 00 P . M.
(
L./C.L ,_ti„L
County Commissioner District #1
Weld County , Colorado
ATTEST : `^'°n'4l 1 aUth 9
COUNTY CLERK AND RECORDER
AND CLERK TO THE /116ARD
BY :1 7A .r11r r . / A of
Deputy Coun / Clerk 1
i I
Lay No 77-149
LSPANOL SUBDIVI$ION
Public Meeting
Thursday, December 8
7:00 p. m.
In The Spanish Colony Community Center
The Restoration FOR FURTHER INFORMATION:
Program Means: Contact Bill Rodriguez
or Bill Hughes at our
"0" STREET Centennial Building, 915
!I !, I, I °I !'I'iI II Ili' !I ( it ' I' 10th St . in Greeley , or
Lp I 'H I I III call 356-4000, Ext. 400
III I 1'
'III I hill r I
1 it In I,i I l;�'
i'I,I ' I ' HI �,I
I
' * How You Can Be
I'L, ir , � LI I Benefit :
! I�LI, I I it
, I I II
I IIti COUNSELING:
� I C Inl
V I
i
II -HIT! H r IL,
I � � II III
il m , For
owner and tenants; on re-II > I I,
VIII I -,I I
a 'I l a pairs, finances, and other
I I, II II II,, , IIL available r , t �H �� �� a able services . . . .
I I, cl it u � t
L in
'III a it I ll �HI �' a I�jl 'II T �'� a FUNDS FOR HOMEOWNERS:
oI "
II �I Z
Ifyou
'i'I� �� I II IIL�� meet income guidelines
_
you may be eligible for :
III 9
Il lilill, II ,i il, II HILL
I I
I ILI I I l i a OI I i I 'i'I
a loan with an interest
rate as low Illil WI
I,,II ,
o as 3% . . .
', IHI, . Id l Hill, h I� III Will, WI,�u li i II��,
ja
"M"M STRE
ET
. . .a direct grant which does
ESPANOLA SUBDIVISION
not have to be repaid unless
Q you sell or transfer the pro-
perty within five years .
A Better Neighborhood
Through . . . these funds, if received ,
Rehabilitation and Improved must be used to bring your
.Residents of the Espanola house up to Weld County
Subdivision (Spanish Colony) standards .
are invited to attend and
participate in the discussions
to be presented by the Weld
County Board of Commissioners Additional information on the
and the Planning Staff in above program is available.
connection with the proposed Additional services include :
housing rehabilitation program.
. . . specifications, drawing
Weld County has received funds of what rehabilitation work
from the Department of Housing needs to be done on your
and Urban Development (HUD) house.
(a federal agency) for the pur-
pose of providing assistance . . . referral to private lend-
to your community for homes in ing institutions if you do
need of improvement and rehab- not qualify for the subsi-
ilitation . dized programs .
Your attendance is urged, since . . . information you should
as local residents your opinions know before selecting a con-
and suggestions will be of great tractor.
importance in planning the best
way the program can be conducted
within the guidelines set by the
Department of Housing and Urban
Development and Weld County i
Government. (
A I I n N I) A N C ACO R �1
APPLICANT : Espanola SubC ision TIME : DOCKET#
9n}Cozunity Development Project 7 . 00 r .M.
DATE : December 8 , 1977 REQUEST :
NAME - ADDRESS
t �
A
YO
Sig Oriscr
otrA,_
-7L O-44- e cx /4/r /V DC 5 c e..
r �
z , f /yIG ,vas fLe se w_ r
_Lt
k.
•
_ I i
F
r
December 6 , 1977
I hereby certify that a public meeting was conducted
in the Town of Wattenberg, Colorado for the purpose
of discussing the Wattenberg Community Development
Program. Weld County Rehabilitation Officer, William
Rodriquez , explained in detail the design of the
program, the eligibility requirements and funding
levels. Mr. Rodriquez introduced the Rehabilitation
Officer for the Wattenberg project, Sheri Wilson, and
told the audience when and how to contact her about
its participation in the project. Also present at
the meeting was Planning Director, Gary Fortner,
Weld County Rehabilitation Officer, Bill Hughes,
and County Commissioner Victor Jacobucci. The meeting
began at approximately 7 : 00 P.M. and was concluded at
approximately 9: 20 P.M. /
h irm ro em
Board of County Commissioners
Weld County, Colorado
Attest: CMCIO .,4taemt,;,
County Clerk and Recorder
and Clerk to the Board
By: 7L putt' oun y Clerk
Tape No. 77-146 & 147
A I___..___...I_)..I).--A N C .,I.� R Icy C (1 R I)
APPI.] CANT : Wattenberg Co-_:.tturiity DevelopmenEiME 7; „o P.M. I)oCK1iT1J
Project
DATE: December 6, 1977 • REQUEST :
NAM ADDRESS
/-____.&-O'neil'a.0 a4VnA-14- (.a-)-4-'142-r*--e-A- / i'4__C 9 ,
Fecz
/6. - lp/��/ al.,' _ P i
a2
/ .ZG
)7/, ---7'2 - V-71144 9. f _..,__ 7/_5-3v :. ,a ,, 6,_i_/ ._ / Cam)
5- 7 r sea /9 )
I
zc_-:e ('----1- .- ..-S-Lt ,,,.. ./..„6_ , / ,._..,- -.:.: ., _.. , , ,,,
, . ,,,A7L, 4
T _3_;„2,7-.4.___ zw.,„.,4 /g9 s-
3-,,may Cum ,x7,1_,,_ c. g
A'A�� � A ,I/.,�_,_ 7 ,
ci /� f- r�1L /7 9 hj (2-4--e . f oeT: ,_4/07,5-.1J ('L., ..g'6Z/
eizelleie 0/k-e-,-- /7,5-,2 ,Fcieff-e_reing-le Ze,e,. 7)24(c-A ilac,Zi
/...:-.._/) ,
•.‘°,1;....,,..c------", ..:: . Z.,:t..1/44; ,,, i
7271:h x1/4144 40, lee. //3T/ GCC�C/i Z,CtZ ..)1/ k0V/S,_ /AZ I
1 -
1 70b ()- u.e- 0- - ,
/ ? 7 G 1 "-' 642)
Veorlei — f 6 73 CC�.,r0 Iv;? A�� .%. ��� .r. C1 .
/f? 6-a7JL, O -- -z`� Cam'- ,w,/
�'z12,;((y /7" a j I-ey ,:_. // • / ' i iy ( tetiet 0 i‘
��" Le-IV-enn /�� F �" �. cam ,,, �a-4
--->gw.:/- c-e'e , A79"..-c-s.e.‘"- --4,-17_ ,41.---e.: /e,: z.7-71:40 ,4 .--- _i
/Y'oS ! C�
, :-rte �° Ifr
c• �,w�1•
�• .,S emit- ' -c /9 7� ��a-�e2- . 441
r 1 icc,i4, �\ Y
,:'' 'gni\ v\,,t"..rls._,
, s -g .A,.,, -.1_, W/;14, (__>Z-41p4,-y
I1J1Jd ( . � �A� lGe
6 (r7g--kY154•Ve ://-e.-6.</
WATTENBERG
*Public Meeting
Tuesday, December 6
7:00pm
In The Community Center
The Restoration
Program Means :
X "
Nji T 1
I-
- How You Can benefit
COUNSELING :
s r.? For owner and tenants ; on re-
i WATTEN:E'G pairs , finances , and other
available services
■ RESTORATION FUNDS FOR HOMEOWNERS :
Mi t AREA
C
If you meet income guidelines
•
A Better Neighborhood you may be eligible for :
Through
Rehabilitation and Improved . . . a loan with an interest
Public Services rate as low as 3%. . .
. . . a direct grant which does
not have to be repaid unless
* Residents of Wattenberg are invit- you sell or transfer the pro-
ed to attend and participate in the perty within five years.
discussions to be presented by the
Weld County Board of Commissioners . . . these funds, if received ,
and the Planning Staff in connect- must be used to bring your
ion with the proposed housing re- house up to Weld County
habilitation program. standards .
Weld County has received funds from Additional information on the
the Department of Housing and Urban above program is available .
Development (HUD) (a federal agency) Additional services include :
for the purpose of providing assis-
tance to your community for homes . . . specifications , drawing
in need of improvement and rehab- of what rehabilitation work
ilitation. needs to be done on your
house .
Your attendance is urged, since as
local residents your opinions and , . . referral to private lend-
suggestions will be of great im- ing institutions if you do
portance in planning the best way not qualify for the subsi-
the program can be conducted with- dized programs .
in the guidelines set by the De-
partment of Housing and. Urban , . . information you should
Development and Weld County Govern- know before selecting a con-
ment. tractor .
For further information, Call 833-3100 or visit our Dacono_,Office, 520 8th St .
NOTICE OF FINDING NO SIGNIFICANT
EFFECT ON THE ENVIRONMENT
August 24 , 1977
APPLICANT: BOARD OF COUNTY COMMISSIONERS
Weld County, Colorado
915 10th Street
Greeley, Colorado 80631
Telephone : 303-356-4000
TO ALL INTERESTED AGENCIES , GROUPS AND PERSONS :
The above named County proposes to request the U. S .
Department of Housing and Urban Development to release Federal
funds under Title I of the Housing and Community Development
Act of 1974 (PL93-383) to be used for the following project:
Project Title: Wattenberg Community Development
Purpose of Project: Housing Rehabilitation
Location: Wattenberg, Weld County, Colorado
Estimated Cost of Project: $101 , 500
It has been determined that such request for release of
funds will not constitute an action significantly affecting the
quality of the human environment and, accordingly, the above
named County has decided not to prepare an Environmental Impact
Statement under the National Environmental Policy Act of 1969
(PL91-190) .
The reasons for such decision not to prepare such Statement
are as follows :
1 . Findings revealed that approximately fifteen (15)
residential units will be rehabilitated.
2. Findings revealed that negative impact on the human
and physical environments is insignificant.
3. There is a net positive impact on the human and
physical environments.
An Environmental Review Record regarding the within project
has been made by the above named County which documents the
environmental review of the project and more fully sets forth
the reasons why such Statement is not required. This Environmental
Review Record is on file with the Clerk to the Board at the above
address and is available for public examination and copying, upon
request, between the hours of 8 : 00 A. M. and 5 : 00 P. M.
No further environmental review of such project is proposed
to be conducted, prior to the request for release of Federal funds .
All interested agencies, groups and persons disagreeing with
this decision are invited to submit written comments for consideration
by the County to the C1e?k to the Board' s Office.
Such written comments should be received at 915 10th Street,
Greeley, Colorado, on or before September 9 , 1977 . All such comments
so received will be considered and the County will not request the
release of Federal funds or take any administrative action on the
herein described project prior to the date specified in the preceding
sentence.
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Rita Jo Kummer, Deputy
Dated: August-22 , 1977
PUBLISHED: August 24 , 1977
•
Affidavit of Publication
STATE OF COLORADO, I
Iss.
County of Weld, 1
';'--,T."1
� y --. 7l�►a
NOTICE OF FINDING I, he/ r -!r' - c�`N r 6f
NO SIGNIFICANT EFFECT ON
THE ENVIRONMENT said County of Weld, being duly sworn, say that
August 241977 I am one of the publishers of
APPLICANT: BOARD OF COUNTY
COMMISSIONERS
Weld County,Colorado THE GREELEY JOURNAL
915 10th Street
Greeley,Colorado 80631 that the same is a weekly newspaper of general c-
4000
TO ALL INTERESTED Telephone:3AG03-EEN�CIES, culation, published in the city of Greeley, in said
GROUPS AND PERSONS: county and state, that the notice or advertisement,
The above named County proposes to of which the annexed is a true copy, has been pub-
request the U.S. Department of Hous-
ing and Urban Development to release
Federal funds under Title I of the old
Housing and Community Development ',shed in said wee ly newspaper for
Act of 1974 (PL93-383) to be used for cum...same week!: that the notice was published in
the following project
Project Title: Wattenberg Commun-
ity the regular and entire issue of every number of said
Development newspaper during the period of time of publication
Purpose of Project(Housing Rehab- of said notice, and in the newspaper proper and not
ligation in a supplement thereof, that the first publication of
Location:Wattenberg,Weld County, said notice was contained in the issue of said news-
Colorado
Estimated Cost of Project:$101,500
It has been determined .that such SP.]
request for release of funds will not paper bearing slate -�the -- `-i — day of
constitute an action significantly affect-
ing the quality of the human environ-
men
t and, accordingly, the above ��1t5 7 - and
named County has decided not to A.D. 19
prepare an Environmental Impact the last LObl ice tion thereof in the issue of said
Statement under the National Environ-
mental Policy Act of 1969(PL91-190).
The reasons for such decision not to
prepare such Statement are as follows: newspaper bearing date the - day of
1. Findings revealed that approxi-
mately fifteen(15)residential units will
be rehabilitated.
2. Findings revealed that negative - , 19 : that the said
impact on the human and physical The Greeley Journal has been published continu-
envlronments is Insignificant. ously and uninterruptedly during the period of at
3. There Is a net positive impact on
the human and physical environments. least fifty-two consecutive weeks next prior to the
An Environmental Review Record first issue thereof containing said notice or adver-
regarding the within project has been Iieement shove referred to: that said newspaper has
made by the above named County been admitted to the United States mails as second-
which documents the environmental class mattes under the provisions of the Act of
review of the project and more fully sets Match 3, 1879, or any amenpntrht thereof,and that
forth the reasons why such Statement is said newspaper is a weekly rielespaper duly qualified
not required. This Environmental Re- for publishing legal notices and advertisements with-
view Record is on file with the Clerk to in the meaning of the Idws of, e State of Colorado.the labBo a at the above mii and isf
available for public examination and --Y—'
copying upon request between the
hours of 8:00 A.M.and ntal P.M. p(a(..L'-�C` s f ,ry
No furtherecepriposed environmental review of O of the Publishers `'W
such project is proposed ( be conduct-
Fe prior to the request for release of
Federal funds.
All interested agencies, groups and Subscribed and sworn to before me thi '-:/...,//
'persons disagreeing with this decision
are invited to submit written comments
for consideration by the County to the
Clerk to the Board's Office. 4 i C;EJ(1
Such written comments should be day of —+ /y A.D. 19
received at 5 before
etreep, Greeley,9y,
Colorado, on or September 9 t:197will beAll such d andcomments so rncelvell My commission expires _ -will eq est erel and the will , -
not request the release df Federal funds --
or take any administrative action on the
herein described project prior to the .i // .. --
date specified in the preceding sen- - -
tence. Notary Public.
THE BOARD OF COUNTY COMMIS-
SIONERS
WELD COUNTY COLORADO
BY:MARY ANN t`EUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY:Rita Jo Kummer,Deputy
Dated: August 22, 1977
Published' August 24, 1977
Puplishedin The Greeley Journal
NOTICE TO PUBLIC OF REQUEST
FOR RELEASE OF FUNDS
APPLICANT: Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, Colorado 80631
Telephone: 303-356-4000 ext. 200
TO ALL INTERESTED AGENCIES, GROUPS AND PERSONS :
On or about September 19 , 1977, the above-named County will
request the U.S. Department of Housing and Urban Development to
release Federal funds under Title I of the Housing and Community
Development Act of 1974 (PL 93-383) for the following project:
Project Title: Espanola Subdivision Community Development
Purpose of Project: Housing Rehabilitation
Location: Espanola Subdivision, Weld County, Colorado
Estimated Cost of Project: $101, 500
An Environmental Review Record respecting the within project
has been made by the above-named County which documents the
environmental review of the project. This Environmental Review
Record is on file with the Clerk to the Board at the above address
and is available for public examination and copying, upon request,
between the hours of 3 : 00 A.M. and 5: 00 P.M.
Weld County, Colorado, will undertake the project described
above with Block Grant funds from the U.S. Department of Housing and
Urban Development (HUD) , under Title I of the Housing and Community
Development Act of 1974. Weld County, Colorado, is certifying to
HUD that Weld County, Colorado, and June K. Steinmark in her official
capacity as Chairperson, consent to accept the jurisdiction of the
Federal courts if an action is brought to enforce responsibilities in
relation to environmental reviews, decision making, and action; and that
these responsibilities have been satisfied. The legal effect of the
certification is that upon its approval, Weld County, Colorado, may
use the Block Grant funds, and HUD will have satisfied its responsibilities
under the National Environmental Policy Act of 1969 . HUD will accept
an objection to its approval of the release of funds and acceptance of
the certification only if it is on one of the following bases:
(a) That the certification was not in fact executed by the chief
executive officer or other officer of applicant approved by HUD;
or (b) that applicant' s environmental review record for the pro-
ject indicates omission of a required decision, finding, or step
applicable to the project in the environmental review Process. Objections
must be prepared and submitted in accordance with the required procedure
(24 CFR Part 58) , and may be addressed to HUD at 1405 Curtis Street,
Executive Towers, 27th Floor, Denver, Colorado 80202 . Objections to the
release of funds on bases other than those stated above will not be
considered by HUD. No objection received after October 4, 1977 will be
considered by HUD.
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Rita Jo Kummer, Deputy
Dated: September 12, 1977
Published: September 14, 1977 in the Greeley Journal
Affidavit of Publication
STATE OF COLORADO, I
Iss.
Courtly off Weld, 1
lions to the release of funds on bases � E J 1 Il~)n `�' I Nof
NOTICE TO PUBLIC OF REQUEST other than those stated above will not
FORT: Boar ofO CouFUnty
be considered by HUD. No objection said County of Weld, tieing duly sworn, say that
APPLICANT:rBealon of County Com- received after October 1, 1977 will be I am
lNeel County, Colorado considered by HUD. one of the publishers of
915 10th Street THE BOARD OF COUNTY COMMIS-
Greeley,Colorado 80631 STONERS THE GREELEY JOURNAL
Telephone:303-358-0000 WELD COUNTY COLORADO
ext.Zoo BY:MARY ANN FEUERSTEIN that the same is a weekly newspaper of general car
TO ALL INTERESTED AGENCIES, COUNTY CLERK AND RECORDER culation, published in the city of Greeley, in said
GROUPS AND PERSONS: AND CLERK TO THE BOARD courtly and state, that the notice or advertisement,
On or about September 19,1977,the Dated:September 1211977'Deputy of which the annexed is a true copy, has been pub-
above-named County will request the Published: September 14,1977
U.S.Department of Housing and Urban Published in The Greeley Journal I') .
Development to release Federal funds L.under Title I of the Housing and fished in said weekly newspaper for
Community Development Act of 1974 roi.--' weeks; that the notice was published in
(PL 383))fot the following project: the regular and erns re issue of every number of said
Project Itle: Espanola Subdivision
Communit Development newspaper during the period of time of publication
Purpose of Project:Housing Rehabil- of said notice, and in the newspaper proper and not
itation in a supplement thereof; that the first publication of
Location:Espanola Subdivision,Weld said notice was contained in the issue of said news-
County Colorado
Estimated Cost of Project:$101,500
An Environmental Review Record
respecting the within project has been paper bearing date the I ii �1 day of
made by the above-named County
which documents the environmental C J
review of the project. This Environ- 7 IL.Ili C. /mental Review Record Is on file with .3t.. .- t A.O. 19—+ - and
the Clerk to the Board at the above the Iasi publication thereof in the issue of said
address and Is available for public
examination and copying, upon re-
quest,between the hours of 8:00 A.M.
and 5:00 P.M. newspaper hearing date the day of
Weld County Colorado will under-
take the project described above with
Block Grant funds from the U.S.
Department of Housing and Urban -nal , 19 ; that the said
Development (HUD), under Title I of The Greeley Journal has been published continu-
the Housing and Community Develop- ously and uninterruptedly during the period of at
meat Act of. 1974. Weld County, least fifty-two consecutive weeks next prior to the
Colorado, Is certifying to HUD that
Weld County, 0 and June K. first issue thereof containing said notice or trivet
Steinmark In her official capacity as beement above referred to; that said newspaper has
Chairperson, consent to accept the been admitted to the United States mails as second-
Au-Inaction of theFederal tee Courts if an class matter under the provisions of the Act of
action es In relationt to envii�mentali re-
views, March 3, 18/9, or an
y y amen egg thereof,and that
making,and action'and said newspaper is a weekly e these ten onshap per duly nual f ed
that reepunsibllteff have been for publishing legal notices pd e t,semenn ih ///'''���
satisfied. The legal
s that poneffect of the in the meaning of the w of St at o ci 7
Weld Countiony,Colorado may use us Blockw
Grant funds, and HUD will have /77T ( ��,9 ,`lsatisfied its responsibilities,under the he Publishers.
National Environmental Policy Act of
1969. HUD will accept an objection to
its approval of the release of funds andKA
acceptance of the certification only if it I -
Subscribed and sworn to before me this—
is on one of the following bases: (a)
l_I-
That the certification was not in fact
executed by the chief executive officer /- j'
or other officer of applicant approved -1 C Y- -f
by HUD; or (b) That applicant's day of ---- A.D. ua-71_-
environmental review record for the
project indicates omission of a required / 7-U
decision,finding,or step applicable to
the project in the environmental review My commission I,X pi res ---- ---- /
Process. Objections must be prepared '
and submitted in accordance with the /--� �k
required procedure (24 CFR Part 58), t
and may be addressed to HUD at 1405 `�
Curtis Street, Executive Towers 27th Notary Put c
Floor, Denver, Colorado 80202. Objec-
NOTICE TO PUBLIC OF REQUEST
FOR RELEASE OF FUNDS
APPLICANT: Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, Colorado 80631
Telephone: 303-356-4000 ext. 200
TO ALL INTERESTED AGENCIES, GROUPS AND PERSONS :
On or about September 19, 1977, the above-named County will
request the U. S. Department of Housing and Urban Development to
release Federal funds under Title I of the Housing and Community
Development Act of 1974 (PL 93-383) for the following project:
Project Title: Wattenberg Community Development
Purpose of Project: Housing Rehabilitation
Location: Wattenberg, Weld County, Colorado
Estimated Cost of Project: $101 , 500
An Environmental Review Record respecting the within project
has been made by the above-named County which documents the
environmental review of the project. This Environmental Review
Record is on file with the Clerk to the Board at the above address
and is available for public examination and copying, upon request,
between the hours of 8 : 00 A.M. and 5: 00 P.M.
Weld County, Colorado, will undertake the project described
above with Block Grant funds from the U. S . Department of Housing and
Urban Development (HUD) , under Title I of the Housing and Community
Development Act of 1974 . Weld County, Colorado, is certifying to
HUD that Weld County, Colorado, and June K. Steinmark in her official
capacity as Chairperson, consent to accept the jurisdiction of the
Federal courts if an action is brought to enforce responsibilities in
relation to environmental reviews, decision making, and action; and that
these responsibilities have been satisfied. The legal effect of the
certification is that upon its approval, Weld County, Colorado, may
use the Block Grant funds, and HUD will have satisfied its responsibilities
under the National Environmental Policy Act of 1969 . HUD will accept
an objection to its approval of the release of funds and acceptance of
the certification only if it is on one of the following bases:
(a) That the certification was not in fact executed by the chief
executive officer or other officer of applicant approved by HUD;
or (b) that applicant' s environmental review record for the pro-
ject indicates omission of a required decision, finding, or step
applicable to the project in the environmental review Process. Objections
must be prepared and submitted in accordance with the required procedure
(24 CFR Part 58) , and may be addressed to HUD at 1405 Curtis Street,
Executive Towers, 27th Floor, Denver, Colorado 80202 . Objections to the
release of funds on bases other than those stated above will not be
considered by HUD. No objection received after October 4 , 1977 will be
considered by HUD.
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Rita Jo Kummer, Deputy
Dated: September 12 , 1977
Published: September 14, 1977 in the Greeley Journal
Affidavit of Publication
STATE OF COLORADO, )
Iss.
County of Weld, I
•
l--__-. f.,:yr,L k:f 1 D.. (_c)-�1 i /)of
NOTICE T�QpE{PUBLIC OF REQUEST said County of Weld, being duly sworn, say that
APPL)CANT Board EASE OFty am one of the publishers of
T mmiisssiioners
Weld County,Colorado THE GREELEY JOURNAL
915 10th Street
• Greeley,Colorado 80631 that the same is a weekly newspaper of general cir-
Telephone:303-356-4000 culation, published in [he city of Greeley, in said
ext.2(18 county and slate, that the notice or advertisement,
TO ALL INTERESTED AGENCIES, of which the annexed is a true to
GROUPS AND PERSONS: py, has been pub-
On or about September 19, 1977,the
above-named County will request the
U-S.Department of Housing and Urban Ilshed in said weekly newspaper for C1 )
4.1
Development to release Federal funds
under- Title I of the Housing and oarwaeutive week/; that the notice was published in
Community Development Act of 1974 the regular and entire issue of every number of said
(PL 93.3831 for the following project: newspaper during the period of time of publication
Project Title: Wattenberg Commun- of said notice, and in the newspaper proper and nest
ity Development in a supplement thereof, that the first publication of
Purpose of Project:Housing Rehabil- said notice was contained in the issue of said news-
Ite 11 on
Location:Wattenberg,Weld County,
Colorado
Estimated Cost of Project:$101,500 I I paper hearing date the day of
An Environmental Review Record
respecting the within project has been L '
made by the above-named County 1
which documents the environmental -1� ic lion )( jf q.D. issue and
review of the project. Thin the with
the last pu blicarion thereof in the issue of said
Environ-
mental Review Record is on file with
the Clerk to.the Board at the above
address and Is available for public
examination and copying, upon re-
quest,between the hours of 8:00 A.M. newspaper bearing elate the day of
and K0 P.M.
Weld County, Colorado will under-
take the project described above with
Block Grant funds from the U.S. ---- , 19 ; that the said
Department of Housing and Urban The Greeley Journal has been published cantinu-
Development (HUD), under Title I of ously and uninterruptedly during the period of at
the Housing and Comunity Develop- least fifty-two consecutive weeks next prior to the
ment Act of 1974. Weld County first issue thereof containing said notice or adver
Colorado, Is certifying to HUD that tisement above referred to; that said newspaper has
Weld County, Colorado, and June K. been admitted to the United States mails as second-
Steinmark in her official capacity as
Chairperson, consent to accept the class matter under the provisions of the Act of
jurisdiction of the Federal courts if an March 3, 18/9, or any amendm t thereof, and that
action is brought to enforce ponsib- said newspaper is a week,ly ne spa per duly qualified
ilities in relation to environmental for publishing legal noti es ad a tisements treviews, decision making and action; in the meaning of th the S 'olo ad
and that these responsibilities have
been satisfied. The legal effect of the
certification is that upon its approval, /ja �9 O
Weld County, Colorado may use the _ CG'Sb --�C i..,,,
Block Grant funds,and ties will have ne of the Publishers
satisfied its responsibilities under the J
National Environmental Policy Act of r-rd
1969. HUD will accept an objection to /
its approval of the release of funds and Subs bed and sworn to before me this-- --
acceptance of the certification only if it
is on one of the following bases: (a)
That the certification was not in fact
-
77
executed by the chief executive officer day of , A.D. 19
or other officer of applicant approved 111
by HUD; or (b) that applicant's / /
environmental review record for the /_, , _ l
project indicates an omission of a My commission expires
required decision, finding, or step
applicable to the project In the environ-
mental review Process. Objections c.-,--,7_ t• _;_� ,_-,_...,_i
must be prepared and submitted in
accordance with the required procedure No row Pu ,c(24 CFR Part 58), and may be
addressed to HUD at 1405 Curtis
Street, Executive Towers, 27th Floor,
- Denver,Colorado 80202. Objections to
the release of funds on bases other than
those stated above will not be consid-
ered by HUD. No objection received
after October 4,1977 will be considered
by HUD.
THE BOARD OF COUNTY COMMIS-
SIONERS
WELD COUNTY COLORADO
BY:MARY ANN f`-EUERSTEIN
COUNTY CLERK AND RECORDER
' AND CLERK TO THE BOARD
BY:Rita Jo Kummer,Deputy
Dated:September 12, 1977
Published: September 14, 1977
Published in The Greeley Journal
Affidavit of Publication
SI A TE OF COL.ORADO, I
Its
County of Weld, I
NOTICE OF FINDING .—
NOTICE
NO SIGNIFICANT EFFECT ON t . y�, di
r
. THE ENVIRONMENT ��. Jr-)run J . 1-x51 tnf
Ayguat24 1977 _-
APPLICANT: BOARD OF COUNTY
COMMISSIONERS said County of Weld, being duly sworn, say that
Weld County,Colorado I am one of the publishers of
915 10th Street
Greeley,Colorado 80631
"Telephone:303-356-4000 THE GREELEY JOURNAL
TO ALL INTERESTED AGENCIES,
GROUPS AND PERSONS: that the same is a weekly newspaper of general cir
The above named County proposes to culation, published in the city of Greeley, in said
request the U.S. Department of Hous- county and state, that the notice or advertisement,
ing and Urban Development to release of which the annexed is a true copy, has been
Federal funds under Title I of the pub'
Housing and Community Development
Act of 1974 (PL93-383) to be used for /�
the following project: /nil 1 t-
Protect Title: Espanola Subdivision fished in said wel Iy newspaper for
cuncecuuue wee that the notice was published in
Community Development
Purpose of Project:Housing Rehabil- the regular and entire issue of every number of said
station newspaper during the period of time of publication
Location: Espanola Subdivision, of said notice, and in the newspaper proper and not
Weld County,Colorado in a supplement thereof; that the first publication of
Estimated Cost of Project:$101,500 said notice was contained in the issue of said news-
It has been determined that such
request for release of funds will not
constitute an action significantly affect-
ing the quality of human environment paper bearing date the AS^1 day of
and, accordingly, the above named
County has decided not to prepare an
Environmental Impact Statement under •
the National Environmental Policy Act "L �$ , A.D. 19 and
of 1969(PL91-190). the last publl ation thereof in the issue of said
The reasons for such decision not to
prepare such Statement are as follows:
1. Findings revealed that approxi-
mately fifteen(15)residential units will newspaper bearing date the - day of
be rehabilitated.
2. Findings revealed that negative
impact on the human and physical
environments is insignificant. 19 that the said
3.There is a net positive impact on —' "
the human and physical environments. The Greeley Journal has been published conunu-
An Environmental Review Record ously and uninterruptedly during the period of at
regarding the within project has been least fifty-two consecutive weeks next prior to the
made by the above named County first issue thereof containing said notice or adver
which documents the environmental tisem ent above referred to; that said newspaper has
review of the project and more fully sets been admitted to the United States mails as second-
forth the reasons why such Statement is
not required. This Environmental Re- class matter under the provisions of the Act of
view Record is on file with the Clerk 10 March 3, 1879, or any amendment thereof,and that
the Board at the above address and is said newspaper is a weekly newspaper duly qualified
available for public examination and for publishing legal notices and advertisements with-
copying upon request, between the in the meaning of the 14yvs of the State of Colorado.
hours of 8:00 A.M. and 5:00 P.M. '
No further environmental review of ,f -1k.
(—
such project is proposed to be conduct- L4.e,4i a �4 .
ed, prior to the request for release of .- -- `X"`�'"T
Federal Funds. O of the Publishers
All interested agencies, groups and
persons disagreeing with this decision -
are invited to submit written comments cril ',-/
for consideration by the County to the Subscribed and sworn to before me this-
Clerk to the Board's Office.
Such written comments should be
received at 915 10th Street, Greeley, {'
Colorado, on or before September 9.
day of -/�'f i w'r<< A.D. 19 / '/
1977. All such comments so received / _.---
will be considered and the County will
not request the release of Federal funds
or take any administrative action on the My commission expires k- -
herein described project prior to the t
date specified in the preceding sen-
lence 7
THE BOARD OF COUNTY COMMIS- - ' - - a ` t�.--
SIONERS Notary Public.
WELDCOUNTY COLORADO
BY:MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD
BY:Rita Jo Kummer.Deputy
Dated: August 22. 1977
Published: August 24. 1977
Published in The Greeley Journal
a'p1MENr°F . _.
I l° �11 �% DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
d* J L,ii lj * REGIONAL OFFICE
�tl IIIu h o EXECUTIVE TOWER - 1405 CURTIS STREET
°j3eaa n+°. DENVER, COLORADO 80202
September 30, 1977
REGION VIII IN REPLY REFER TO;
8SSM
Honorable June K. Steinmark
Chairperson, County Commissioners
P.O. Box 758
Greeley, Colorado 80631
Dear Ms. Steinmark:
We are pleased to inform you that we have approved the third year application
for Community Development Block Grant (CDBG) discretionary funds for the
county of Weld for the program period beginning August 24, 1977, and ending
August 23, 1978. A grant in the amount of $202,000 has been allocated for
the financing of the program.
Acceptance of the Grant constitutes an agreement by the county to abide by the
amendments made to your Housing Assistance Plan (HAP) . A copy of the amended
HAP is enclosed for your records.
Enclosed are four copies of the approved Grant Agreement and funding approval
forms. Please execute the enclosed Form HUD-7082, with attached standard
contract provisions. Return three copies to the Denver Regional Office and
retain one copy for your files. The executed Grant Agreement must be received
by HUD prior to amending the Letter of Credit. The effective date of the
Letter of Credit increase will be no earlier than August 24, 1977.
Form TFS-7578 "Request for Payment on Letter of Credit and Status of Funds
Report," shall show the second program year discretionary number in Section III,
"Classification of the Amount of This Request," until all block grant funds
awarded in the second program year and included in the Letter of Credit have
been drawn down. Such funds may be spent on second and third year activities,
provided the activities on which the funds are spent are free from condition.
When all funds awarded in the second program year have been drawn down, the
third program year discretionary number shall be shown in Section III of
payment request forms. Block grant funds awarded in the third program year
and included in the Letter of Credit may be spent on third year activities,
provided that the activities on which the funds are spent are free from
condition.
WELD C9IIRTY CTV!SSlRRERS
i _.,,. , 1 r cri
C C T 5 1rI
977
IlL
GREELEY. COLD.
Insuring Offices
Ca spep Wyoming-Uonver, Colorado•Fargo, North Dakota Helena, Montana•Salt Lake City, Utah Sioux I ails, South Dakota
2
No CDBG funds may be used to reimburse costs of projects listed in Item 17(a)
of the Grant Agreement incurred prior to your receiving written environmental
release from this office. Such costs shall be paid with local funds.
The Department is placing major emphasis on the assurance that all CDBG funds
must be utilized for projects which will principally benefit low or moderate
income persons, aid in the prevention or elimination of slums or blight or
have been determined by HUD to meet other community development needs having
a particular urgency. Any CDBG funds used for activities which do not meet
this assurance will be considered ineligible and will have to be paid with
local funds.
It is our desire to assist in any way possible to see that it does not become
necessary for your community to use local funds to pay for the activities as
approved in your application. An activity may appear to meet the "maximum
feasible priority" certification based upon the limited information in the
application, however, we urge you to be certain that any activity undertaken
with this Grant benefits low or moderate income persons, or is directed
toward eliminating or preventing slums or blight.
If you have any questions, please direct them to Ms. Lee Desta Rhoad, your
Community Planning and Development Representative, at 837-4666.
Sincerely,
Gerald J. Hann
Acting Regiona Administrator
Enclosures
REQUEST FOR RELEASE OF FUNDS
AND
CERTIFICATION
(Pursuant to Section 104(h) of Title I of the Housing
and Community Development Act of 1974 )
Date : September 19 , 1977
Weld County , Colorado
915 - 10th Street
Greeley , Colorado 80631
Phone : 303-356-4000
To : Department of Housing and Urban Development
Executive Towers Building
Denver , Colorado
The above-named applicant for grant funds pursuant to Title I of
the Housing and Community Development Act of 1974 hereby requests
the U. S . Department of Housing and Urban Development to release
such grant funds , as follows :
Project Title : Wattenberg/Espanole Subdivision Community Develop-
ment
Purpose of Project : Wattenberg and Espanole Subdivision Housing
Rehabilitation
Location : Wattenberg and Espanole Subdivision , Weld County ,
Colorado
Amount of Funds to be Released: $203 , 000 . 00
With reference to said project , it is hereby certified :
That the applicant has at least five (5) days prior to submitting
this request for release of funds and certification , published in
a newspaper of general circulation in the community affected , a
notice to the public (a copy of which is attached hereto) in
accordance with 24 CFR 58 . 30 ( a) ;
That the applicant has fully carried out its responsibilities for
environmental review, decision-making and action pertaining to
the project named in the above request for release of funds ;
That the level of environmental clearance carried out by applicant
in connection with said project did not require the preparation
and dissemination of an environmental impact statement ;
-2-
That the dates upon which all statutory and regulatory time periods
for review, comment , and other response or action in regard to the
aforesaid clearance commenced and expired or will expire are as
indicated below; that all such dates which are applicable to the
aforesaid clearance are indicated below; and that with the expira-
tion of each of the time periods indicated below, applicant is in
conformance with the requirements of 24 CFR Part 58;
Item Commence Expire
Notice of Finding of No Significant 8-24-77
Environmental Impact : Publication
Same : Comment Period 9-25-77 9-3-77
Notice of Intent to File EIS : N/A
Publication
Draft EIS : Comment Period N/A
Same : 90-day period (CEQ) N/A
Final EIS : 30-day period (CEQ) N/A
5-day Notice to public : Publication 9-14-77 9-19-77
Other : (Specify)
That the undersigned chief executive officer of applicant is
authorized to , and does , consent to assume the status of a respon-
sible Federal official , under the National Environmental Policy
Act of 1969, insofar as the provisions of said Act apply to the
HUD responsibilities for environmental review, decision-making and
action assumed and carried out by the applicant; that by so con-
senting, the undersigned chief executive officer of applicant
assumes the responsibilities, where applicable , for the conduct of
environmental reviews , decision-making, and action as to environ-
mental impact statements , and assumption of lead agency responsi-
bilities for preparation of such statements on behalf of Federal
agencies other than HUD when such agencies consent to such assump-
tion ;
That the undersigned chief executive officer of applicant is
authorized to consent , personally , and on behalf of the applicant ,
to accept the jurisdiction of the Federal courts , for the enforce-
ment of all the aforesaid responsibilities ; and that the undersigned
does so consent , on behalf of applicant and of the undersigned, in
the official capacity of the undersigned.
i\k ,V j
,T le K. Steinmark , Chairman
Weld County Commissioners
915 - 10th Street
Gree] ey, CO 80631
-3-
June K. Steinmark, being the chief executive officer of Weld
County , Colorado, is duly authorized to execute the foregoing
Request for Release of Funds and Certification , and she did
execute the same .
WELD COUNTY CLERK AND RECORDER AND
CLERK TO THE BOARD
i j
1 .
ATTEST: it'I
i /L A I , ,i, 4.1
i J
Certificate of Attorney :
June K. Steinmark, being the chief executive officer of Weld
County, Colorado has executed the foregoing Request for Release
of Funds and Certification and has consented, as therein stated ,
personally and on behalf of the applicant , in her official
capacity as such chief executive officer only , and not otherwise .
Further , the applicant and said chief executive officer are
authorized and empowered by law to make the said Request for
Release of Funds and Certification and the same was duly mady
by them in accordance with such authroity and power. No claim
of legal incapacity pursuant to 24 CFR 58 . 5(b) has been made by
this applicant .
t'cQ-0-4-{
U. 3. DRPARTMENT 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 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 of this Grant Agreement, applicable law, regulations and ail
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.
2.
(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.
(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 require-
ments of 2L 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 USG 1701u), as amended,
the HUD regulations issued pursuant thereto at 2L CFR Part 135, and any
applicable rules and orders of HUD issued thereunder prior to the HUD
authorization of the Funding Approval.
3.
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 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
4.
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
r`d
for acquisition or construction purposes under section 102(a) of the
Flood Disaster Protection Act of 1973. Such provisions 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 nbt 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: 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 Grantee shall
5.
post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the Gowrnment setting forth the
provisions of this nondiscrimination clause. the Grantee shall state
that all qualified applicants will receive consideration for employ-
ment 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 prog.^am 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 112146, as amended. Such
contracts shall be subject to HUD Equal Employment Opportunity regula-
tions at 214 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 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:
During the performance of this contract, the contractor agrees as
follows;
(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
6.
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 to,
the followings Employment, upgrading, demotion, or transfer, recruit-
ment 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 nondiscrimination 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 representa-
tive 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' representa-
tives of the contractor's commitment under this section and shall post
copies of the notice in conspecuous 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
7.
relevant orders of the Secretary of Labor.
(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 in-
eligible for further Government contracts or federally assisted construc-
tion 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
8.
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.
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 responsibility for securing compliance.
9.
The Grantee further agrees that it will refrain from entering
into any contract or contract modification subject to Executive
Order 112116 of September 24, 1965, with a contractor debarred from,
or who has not demonstrated eligibility for, Government contracts
and federally assisted construction 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 undertakings,
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 respect to which the failure or refusal occured until satis -
•
factory assurance of future compliance has been received from such Grantee;
and refer the case to the Department of Justice for appropriate legni
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 CNk 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
10.
provisions fdr the elimination 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 of subcontractors that any
facility to be utilized in the performance of any nonexempt contract
or subcontract is not listed do the List of Violating Facilities issued
by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20.
(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 amens ded, (33USC
1318) relating to inspection, monitoring, entry, reports, and information,
11.
an t•rell an all other roquirerne ntu sheet ' : d in :aid suction lib and
section 308, and all regulations and go.L,.olines iu;naod thereunder.
(3) A utipuletlon that a,, a condl -i.on for the award of the
contract prompt, notice will he fivcn of any noti..fic Ri;ion received
_ .CIA
from the Director, Office of Federal Activities, .SPA, .irdicatir,
that .a facility utilized or to be utilized for the contract is under
consideration to be listed on the CPA List of Violating, Fac'ilition.
(h) Agreement by the contractor that he will include OP c c
to be included the criteria and requirements in paragraph (1) through
(1 ) of this section in every nonexempt subcontract and requiring that
the contractor will take cueh action an the Government may direct as
a means of enforcing such provisions.
In no event shall any amount of the assistance provided under Chic
Agreement be utilized with respect to a facility which has given rise
to a conviction under section 1.l (c ) (1) of the Clean Air Act or sootier,
309(c) of the l ederal Water Pollution Control Act.
7 . Fedocal f ,hots tine;,rri_ Pr( 'i 'lions;
iixo cnc. with r asi, ct to the rchabxlit;Iti_on or rceidential property
designed for res1dontiel une for less than eight funt.l._icc, the Grantee
and all contractors engaged ender ccr' raeto in cxcer of ?u7,000 for tie
conotruction, prosecution, completion or repair pa rei 1' r ,- rnildi or work
financed in whole or in pu't with nssiatanco provide : under this Agree_
12 .
•
ment, shall comply with FUR requirement" pertaining to such contracts
and the applicable requirements of the regulations of the Department
of Labor under 29 CFR Parts 3 and 5 , governing the payment of
wages and thr_ ratio of apprent.i sec and trainees to ;journo men : •
Provided, that if wage rates higher than those required under such
regulations are imposed by state Cr 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 c use or require to be
• inserted in full, in all such contracts subject such regulations,
' provisions meeting- the requirements of 22 CFR 5 .'
No award of the' centracto covered under thic section of the
Agreement shall be made to any contractor who is .t the time ineligible
.under the provision; of any applicable regulation, of the Department
of Labor to receive an award of such contract.
• B. Nondiscrimination Cheer Title VI of the ivi.l. Rights Act. of 19(h
- This Agreement is Subject to. the requiremenPr of Title VI of the
Civil Rights Act of 196) (P.L. 88-352) and }IUD reg nations with respect
thereto including the regulations under 21r CFR Past 1. In the sale, lease
or other transfer of land acquired, cleared or improved with assistance
provided under this Agreement, the Grantee shall l fuse or require, a
covenant running with the land to be inserted in ic deed or lease for
13.
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,
in undertaking its obligation in carrying out the program assisted here-
under, agrees to take such measures as are nec scary to enforce such
covenant and will not itself so discriminate.
9. Obligations of Grantee with Respect to Certain Third Party
Relationshiis:
The Grantee shall remain fully obligated under the Provisions or
the Agreement notwithstanding its designation of any third party or
parties for the undertaking of all or any part of the program with res-
pect 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,
Lo 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: tt
No member of or Delegate to the Cong:eos of the United States, and
no Resident Commissioner, shall be admitted to any share or part of
}r
14.
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 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, or
cause 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 bonus or commission for the purpose of obtaining HUS
approval of the application for such assistance, or HUD approval of
applications for additional assistance, or any other approval or con-
currence 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,
15.
consultant, managerial or other such services, other than actual
solicitation, are not hereby prohibited if otherwise eligible as
program coats.
* V 5,O,P.O,: 19/7 -C) /71009577
Hello