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1975-157RESOLUTION NO. 75R- 157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE CITY MANAGER TO FILE AN APPLICATION FOR A COMMUNITY DEVELOP- MENT BLOCK GRANT PURSUANT TO SECTION 107 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, RELATING TO INNOVATIVE RESEARCH AND DEMONSTRATION PROJECTS IN LOCAL ENERGY CONSERVATION. WHEREAS, the Secretary of the United States Department of Housing and Urban Development has received discretionary funds under Section 107 of the Housing and Community Development Act of 1974, which are to be used to sponsor and fund innovative research and demonstration projects in local energy conservation; and WHEREAS, a Proposal for A Proof of Concept Project: Urban Energy Management was prepared by the California Innovation Group and was previously submitted to the Office of the Assistant Secretary for Policy Develop- ment and Research of the United States Department of Housing and Urban Development on December 3, 1974; and WHEREAS, the said Proposal was returned by the Office of the Assistant Secretary for Policy Development and Research with a favorable review and instructions to submit said Proposal under Section 107 of the Housing and Community Development Act of 1974; and WHEREAS, an Application for a Grant under Section 107 of the Housing and Community Development Act of 1974, has been prepared and is currently under review by the Southern California Association of Governments and the California State Office of Planning and Research; and WHEREAS, said Proposal for A Proof of Concept Project: Urban Energy Management and said Application for Community Development Block Grant Program have been reviewed by the City Council of the City of Anaheim and the City Council does hereby express its desire and willingness to participate in the above project; and WHEREAS, the City Council of the City of Anaheim hereby gives assurance that the City of Anaheim will comply with all laws, regulations and executive orders as more particularly set forth in that certain Housing and Urban Development document entitled "Assurances," a copy of which is attached hereto, marked Exhibit "A," and made a part hereof as though set forth herein; and WHEREAS, the City Council of the City of Anaheim desires to authorize the City Manager of the City of Anaheim to execute and file the said Application for a Community Development Block Grant pursuant to the Housing and Community Development Act of 1974. -1- NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Anaheim does hereby express its desire and willingness to participate in the above described innovative research and demonstration project in local energy conservation. BE IT FURTHER RESOLVED that the City Manager of the City of Anaheim be, and he is hereby, authorized to execute and file an Application for a Community Development Block Grant pursuant to Section 107 of the Housing and Community Development Act of 1974. THE FOREGOING RESOLUTION is approved and signed by me this lst day of April, 1975. ATTEST: CITY CLERK OF THE C1XTY OF ANAHEIM WPH :jh -2- Ag tAr 1 r MA O' 6 THE C TY •F ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 75R -157 was intro- duced and adopted at a regular meeting of the City Council held on the 8th day of April, 1975, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 75R -157 on the 8th day of April, 1975. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 8th day of April, 1975. (SEAL) CITY CLERK OF THE C1 Y OF ANAHEIM I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 75R -157 duly passed and adopted by the Anaheim City Council on April 8, 1975. )2 i. City Cle 424, 5. DEPARTMENT OF HOUSING AND URBAN D PMENT Form Approved OMB No. 63 —R1471 Exhibit 'A" ASSUI ANCi S Exhibit "A" (!NSTf2UCT!0NS: The applicant must provide assurances and /or certify to all of the following items: The only exception is item No. 10 for which the applicant must certify as to either (a) or (14, or to both.) The applicant hereby assures and certifies that he has complied with -the regulations, policies, guidelines and requirements of O ?,11r3 Circular No. A -95, and that he will comply with the regulations, policies, guidelines and requirements of Federal anaf;,ement Circulars 74 -4 and 74 -7, as they relate to the application, acceptance and use of Federal funds for this federally assisted program. Also, the applicant gives assurance and certifies with respect to the grant that: 1. It possesses legal authority to apply for the grant, and to execute the proposed program; that a resole tion,rnotion or similar action has been duly adopted or passed as an official act of the applicant's gov- erning body, authorizing the filing of the application, including all understandings and assurances con- tained therein, and directing and designating the applicant's chief executive officer as the authorized representive of the applicant to act in connection with the application and to provide such additional information as may be required. 2. It will comply with: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) and in accordance with Title VI of that Act, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program; or activity for which the Applicant receives Federal financial assistance and will imme- diately take any measures necessary to effectuate this agreement.. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Appli- cant, this assurance shall] obligate the Applicant, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. (h) Title VIII of the Civil Rights Act of 1968, (P.L. 90 -284) as amended, and will arninister all programs and activities relating to housing and community development in a manner to affiimali.vely further fair housing. (c) Section 109 of the Housing and Community Development Act of 1974 and in conformance with all re- quirements imposed by or pursuant to the Regulations of the Department (24 CFR Part 570.601) issued pursuant to that Section; and in accordance with that Section, no person in the United States shall, on the ground of race, color, national origin or sex be excluded from participation in, be denied the ber!e- fits of, or be .subjected to discrimination under, any program or activity funded in whole or in part with the community development funds. (d) Executive Order 11063 on equal opportunity in housing. (e) Section 3 of the Housing and Urban Development Act of 1968, as amended, requiring that to the greatest. extent feasible opportunities for training and employment be given lower income residerzts of the project area and contracts for work in connection with the project be awarded to eligible business conceals which are located in, or owned in substantial part by, persons residing in the area of the project. 3. Prior to the submission of its application, the applicant has: ram I: �f.« t? �i i= �4r��<; mz:—; R: r �t. lay.. :ai,::al.a�.fax.,tar��a::s:cr.� E'C^..S�,F.••►. t+!rt� y� <'r{ �,a4 �frr' l i "114-144;m3-4!-tfilx'•Fr4_'1 t wi4 t-lre- CJ ufat -i Fi4ti, -.4; t-. j :-1, 44a,1( I cc..4a1.14tare. 3.-4, s .t -.ra:i (c) Providel citizens an adequate oppo!tunity to participate in the development of the application and in the development of any revisions, changes, or amendments. 4. The applicant will: (a) Provide fair and reasonable relocation. rxyments and assistance in accordance with Sections 202, 203, and 20.1 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act (P.L. 91- 616) rind applicable 1IU1) regulations, to or for families, individuals, partnerships, corp- orations or. associations displaced as a result of any acquisition of real property for an activity assisted under the j) i r;ram; HUD-7015.12 (17 -.74) (e) L_l (b) (b) Provide relocation assistance programs offering the services described in Section 205 of P.L. 91 -646 to such displaced families, individuals, partnetship, corporations or associations in the manner provided under applicable HUD regulations; Assure that, within a reasonable time riot- to displacement, decent, safe, and sanitary replacement dwellings will be available to such displaced families and individuals in accordance with Section 205(c)(3) of P.L. 91 -646; (d) Inform affected persons of the benefits, policies, and procedures provided for under HUD regulations; (c) (c and Carry out the relocation process in such a manner as to provide displaced persons with uniform and consistent services, and assure that replacement housing will be available in the same range of choices with respect to such housing to all displaced persons regardless of race, color, religion, or national origin. 5. The applicant wi11: (a) In acquiring real property in connection with the community development block grant program, be guided to the extent permitted under Ste law, by the real property acquisition policies set out under Section 301 of the Uniform Relocation A soistance and Real Property Acquisition Policies Act and the provisions of Section 302 thereof; (b) Pay or reimburse property owners for necessary expenses as specified in Sections 303 and 304 of the Act; and Inform affected persons of the benefits, policies, and procedures provided for under HUD regulations. 6. It will give HUD and the Comptroller General through any authorized representative access to and the right to examine all records, books, papers, or documents related to the grant. 7. The applicant will comply with the provisions of the Hatch Act which limit the political activity of employees. S• It will comply with the provisions of Executive Order 11296, relating to evaluation of flood hazards. 9. The applicant's certifying officer: (a) Consents to assume the status of a responsible Federal official under the National Environmental Policy Act of 1969 insofar as the provisions of such act apply pursuant to this Part; and (b) Is authorized and consents on behalf of the G.pplicaet and himself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his resioneibilities as such an Of ficial. 10. The Community Development Program: Li (a) Gives maximum feasible priority to activities which will benefit low— or moderate— income families or aid in the prevention or elimination of slums or blight; Contains activities designed to meet other community development needs having a particular urgency which are specifically identified and described in the applicant's community development plan sun maty and community development program. 11. It will establish safeguards to prohibit employees from using position:; for a purpose that is or gives the appearance of being motivated ley a desire for f :rii'i ie gain for themselves or othors, particularly those with whom they have family, business, or other ties. 12. It will comply with all requirements imposed by HUD concerning special requirements of law, program. requirements, and other administrative requirements approved in accordance with Federal Management Circular 74 -7. Legal Certification: As counsel for the applicant and an attorney -at -law admitted to practice in the•State in which the applicant is located, I certify that the facts and representations contained in Assurance No. 1 above are true and in accordance with Star and local law. 0 .4,0 ti tur e 0 HUD- •7015.12 (12 -74) Alan R. Watts March 26, 1975 (Type or Print Nome of Applicant's Counsel) (Dote) l pp fir rinr (can%el,/