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HomeMy WebLinkAboutPR 11706: CDBG GRANTMemorandum To: From: Date: Re: Steve Fitzgibbons, City Manager Dale Watson, Director of Planning & Community Development March 19, 2002 Proposed Resolution #11706 RECOMMENDATION: I recommend that the City Council adopt Proposed Resolution #11706 authorizing the City Manager to make application to the U.S Department of Housing and Urban Development for a Community Development Block Grant in the amount of $1,901,000 and a grant for $562,000 in HOME funds. BACKGROUND: The City will submit the 28~ Year Consolidated Plan as an application for a grant of $1,901,000 Community Development Block Grant Funds (CDBG) and a grant for $562,000 in HOME funds. BUDGETARY/FISCAL IMPACT: The Consolidated Plan refers to a grant to be made by the United States Department of Housing and Urban Development for a Community Development Block Grant of $1,901,000 and for HOME funds $562,000 for the 2002 program year. STAFFING/EMPLOYEE EFFECT: Funding will not have an effect on our staffing level. SUMMARY: I recommend that the City Council adopt Proposed Resolution #11706 authorizing the City Manager to make application to the U.S Department of Housing and Urban Development for a Community Development Block Grant in the amount of $1,901,000 and a grant for $562,000 in HOME funds. Disl~20 P. R. 11706 03/19/02 Grants Management RESOLUTION NUMBER A RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR A COMMUNITY DEVELOPMENT BLOCK GRANT IN THE AMOUNT OF $1,901,000 AND A GRANT FOR $562,000 IN HOME FUNDS AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CITY OF PORT ARTHUR'S 2002 CONSOLIDATED ANNUAL PLAN. THE CONSOLIDATED PLAN WILL BE SUBMITTED TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. WHEREAS, pursuant to the Housing and Urban Development Act of 1974, as amended, Public Law 93-383, the City will submit to the United States Department of Housing and Urban Development (HUD) the 28~' (2002 Program Year) Consolidated Plan as an application for a grant of $1,901,000 Community Development Block Grant Funds (CDBG) and a grant for $562,000 in HOME funds; and, WHEREAS, the 28~' Year Consolidated Plan will include a proposed list of Projects for 2002 and certifications. Included within the Plan is the CDBG budget; and, WHEREAS, citizens have been given an opportunity to express their ideas as to projects, which should be included in the 2002 Community Development Block Grant Program at public hearings; and, WHEREAS, the City Council is required to designate an official to sign all documents in connection with the Application and Grant Agreement; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Dislo~20 approved and adopted by the City Council of the City of Port Arthur to assure compliance with the Housing and Urban Development Act of 1974, as amended, Public Law 93-383; and, THAT said Consolidated Plan refers to a grant to be made by the United States Department of Housing and Urban Development for a Community Development Block Grant of One Million Nine Hundred One Thousand ($1,901,000); and, for HOME funds of Five Hundred Sixty-Two Thousand ($562,000) for the 2002 program year; and, THAT a copy of the Consolidated Plan is attached hereto and made a part hereof as Exhibit "A"; and, THAT the City Manager is hereby authorized to make application to the U.S. Department of Housing and Urban Development for the funds offered and is authorized to sign all necessary documents including the Certifications which are also attached hereto and included as a part of Exhibit "A"; and, THAT a copy of the caption of this Resolution be spread upon the minutes of the City Council. READ, ADOPTED AND APPROVED this day of A.D., 2002 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: MAYOR COUNCILMEMBERS ~ NOES: Disk~20 ATTEST: MAYOR ACTiNG CITY SECRETARY APPROVED FOR FORM: ' CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER APPROVED FOR AVAILABILITY OF FUNDS: DIRECTOR OF FINANCE DALE WATSON, DIRECTOR PLANNING & GRANTS MANAGEMENT DislO~20 EXHIBIT "A" Disk~20 Application for Federal Assistance 1. Type of Submission: Application: Non- Construction ~reapplication: Non- Construction 2. Date Submitted 04/16/02 3. Date Received by State 04/16/02 Applicant Identifier M02MC480217 State Application Identifier 4. Date Received by Federal Agency Federal Identifier 04/16/02 5. Applicant Information Legal Name Organizational Unit City of Port Arthur Grants Management Division Address Contact P. O. Box 1089 Dale Watson Port Arthur, TX 77641 (409) 983-8135 Jefferson 6. Employer identification Number (BN): 8. Type of Application: Type: New 10. CataIog of Federal Domestic Assistance Number: Catalog Number: 14-239 Assistance Title: HOME Entitlement Grant 12. Areas Affected by Project: Low-Moderate income target areas as designated by HUD 7. Type of Applicant: Municipal 9. Name of Federal Agency: U. S. Dept. of Housing and Urban Development 11, Descriptive Title of Applicant's Project: Consolidate Plan - HOME Entitlement Program 13. Proposed Project: 14. Congressional Districts of: Start Date End Date 06/01/02 05/31/03 15. Estimated Funding: a Federal $562,000 b. Applicant SO c. State $0 d LocaT $0 S0 Program income SO S 562,000 a. Applicant b. Project Ninth Ninth 16. Is Application Subject to Review by State Executive Order 12372 Process? Review Status: 17. Is the Applicant Delinquent on Any FederaI Debt? No !18. To the best of my knowledge and bel efa data n this app ca ion/preaoplica on are rue and correct, the d::ument has been duly authorizer a Typed Name of Authorized Representativ=- b TitJe ~1 c Te;ephone NLmber i Stephen Fitzgibbons City Manager I (409) 983-8101 id Signature of Authorized Representative / e. Date Signed I 1 Application for Federal Assistance 1. Type of Submission: Application: Non - Construction =reapplication: Non - Construction 2. Date Submitted 04/16/02 3. Date Received by State 04/16/02 Applicant Identifier B-02-MC-48-0005 State Application identifier 4. Date Received by Federal Agency Federal Ident~er 04/16/02 5. Applicant Information Legal Name Organizational Unit ' ' City of Port Arthur Grants Management Division Address Contact P. O. Box 1089 Dale Watson Port Adhur, TX 77641 (409) 983-8135 Jefferson 6. Employer Identification Number (EIN): 746001885 8. Type of Application: Type: New 10. Catalog of Federal Domestic Assistance Number: Catalog Number: 14-218 Assistance Title: CDBG Entitlement Grant 12. Areas Affected by Project: Low-Moderated income target areas as designated by HUt' 7. Type of Applicant: Municipal 9. Name of Federal Agency: U. S. Dept. of Housing and Urban Development 11. Descriptive Title of Applicant's Project: 2002 Consolidated Plan (28th Year) 13. Proposed Project: Start Date06/01/02 End Date5/31/030 14. Congressional Districts of: a, Applicant b. Project Ninth Ninth 15, Estimated Funding: a. Federat $1,901,000 b. AppIicar~t $o c State $o id Local SO $0 $25,793 g Total S 1,926,793 16. Is Application Subject to Review by State Executive Order 12372 Process? Review Status: 17. Is the Applicant Delinquent on Any Federal Debt? No ,i 3. To the best of my knowledge and belief, att data in this applicat[on/preapplicatian are true and correct, the document has been duly au'ho' z~ by the governing body of the applicant and the applicant will comply with the attached assurances if the assistance is awarded. a Typed Name of Authorized Representative b Title Stephen Fitzgibbons City Manager d. Signature of Authorized Representative e. Date Signed D R A F T D R A F CITY OF PORT ARTHUR ANNUAL PLAN FOR 2002 EXECUTIVE SUMMARY The City of Port Arthur's Grant Management Division was the lead agency in preparing the City's one year Action Plan. ACTION PLAN The City of Port Arthur is requesting $1,901,000 in Community Development Block Grant (CDBG) funds and $582,0D0 in HOME Investment Partnership Program (HOME) funds. CDBG funds will be used for such activities as infrastructure improvement, services for the homeless, after school programs, and services for handicapped adults. For the year 2002, the City of Port Arthur will implement several housing programs that will focus on assisting low and moderate income families with either rehabilitating an existing home, purchasing an existing home, or building a new home. To address the needs of the homeless, the city has one homeless shelter that offers counseling for recovering drug and alcoholic residents, GED classes, a food distribution center, and dental and health care services. In addition, the city haS:two soup kitchens. CITIZEN PARTICIPATION In an effort to increase public participation, the City of Port Arthur conducted two public hearings during the planning process of the Consolidated Plan. The first hearing was held at City Hall on November 20, 2001 at 6:00 p.m. The purpose of the hearing was to inform the public of the planning process and to solicit comments and suggestions on the allocation of funds. On February 21, 2002, a notice was published in the Port Arthur News of the availability of the draft plan for public review and inviting interested individuals to examine and comment on the proposed Consolidated Strateg~~ and Plan submission for the year 2002. The second public hearing v;as held at 10:30 a.m. on April 2, 2001. Notice vras again published in the Port Arthur News. Citizen Participation and Notification Summary In an effort to increase public participation, the City of Port Arthur conducted two public hearings during the planning process of the Annual Plan. The public hearings were held at City Hall on November 20, 2001, at 6:00 p.m. and on April 2, 2001. To ensure proper notification, invitations were mailed to individuals. Large notices were. published in the Port Arthur News (see attachments I) on November 1 i, 2091. Those agencies notified by mail to solicit input and participation are listed below: · Catholic Charities · Program of Health Excellence · Port Arthur Independent School District · Port Arthur Neighborhood Action Council · Port Arthur Track Club · Salvation Army · South East Texas Regional Planning Commission · Care Community Homes · Little Angel~s Faith Development · Federated Women's Club · Port Arthur YMCA · Port Cities Rescue Mission · The Hughen Center, Inc. · Port Arthur Day Nursery ',:: · Port Arthur Main Street · Southeast Texas Camp Fire ,~ The purpose of the hearing was to inform the public of the one-year Consolidated Plan process and to solicit comments and suggestions on the allocation of such funds as CDBG and HOME. The City of Port Arthur then established a CDBG Committee comprising of the entire City Council members to review suggestions and comments on proposed programs. Upon re-mew and approval, a summa~ of the Consolidated Plan was published in the Port Arthur News Februan:' 21, 2002. These notices also indicated that the Consolidated Plan would be c~ailab!e for public review and comment at the following location until March 25, 2002: Dale Watson, Director of Planning; 444 4th Street, Suite 205; Port Arthur, Te~:as 77640. ~ 2 CONSOLIDATED ACTION PLAN The City of Port Arthur has defined the following as its local objectives for the next year: To assist Iow and moderate income families in becoming first time homeowners. or assisting existing homeowners with home rehabilitation; Improve infrastructure in Iow to moderate areas of the city; Continue to demolish dangerous structures; FEDERALRESOURCES The City of Port Arthur will continue to use Community Development Block Grant funds to address its priority needs in the area of infrastructure improvement, and Public Service and Housing Assistance activities. Below is a chart that outlines the City's federal resources or expected resources for the next year: Resources/EXpected Program . :-Resources: ¢ ,,,.% ; %:,: 2002 Communi~ Development See Proposed Projects Section (includes $36,541 of $1,937,541 Block Grant unprogrammed funds) 2002 HQME CHDO Setaside - new Construction $84,300 2002 HOME Housing Activities - Rehab or reconstruction of 20 $477,700 units Continuum of Care Grant Homeless Projects $1,000,000 1998 HOME HOME funds will be used to purchase land to build $61,998 homes for the Iow to moderate income citizens of the City. 1999 HOME ~ Southeast Texas community Developmen S46,417 Corporation. {nc wilt use HOME funds as funds in a colJaborative effo~ with Chdstus S: MaW's and the ci~ for administrative e~penses and provide downpayment assistance to construct 1 esourc s! xpecrec rogram Amount : i Resources 1999 CDBG Program Income CDBG Program Income funds will be used for $18,793 emergency repairs of 3 units 1999 HOME Housing Activities - administrative activities $41,055 1999 CDBG CDBG funds will be used as match funds to State $189,977 funds to assist Housing Opportunities of Texas in construction 20 new homes and assist 6 Iow to moderate income citizens with downpayment for existing home purchase over the next two years. 2000 HOME CHDO Setaside - New Construction $70,000 2000 HOME Housing Activities -rehab or reconstruction of 12 $243,949 units 2000 CDBG Housing Activities -rehab or reconstruction of 7 units $248,000 2000 HOME Southeast Texas community Development $100,000 corporation, Inc. will use HOME funds as match funds in a collaborative effort with Christus St. Mary's and the city for administrative expenses and o provide dewnpayment assistance to construct 10 2001 HOME CHDO Setaside - New Construction $84,600 2001 HOME Housing Activities -Rehab or reconstruction of 20 $479,400 units 2000 General Fund Interim financing and downpayment assistance for $192,000 new construction for 5 qualified persons of the 80% to 150% of the median income level Rental Rahab Program income will be used for new $466,955 construction. Funds will be revoIved to construct 20 units 2002 CDBG Program Income Program Income that is estimated from demolition $7,000 repayments Funds will return to demolish more Comprehensive Grant Funds i $563,443 for Housing Authority (1993 - i 2002) I The City's designation as a Pa'i:.isipat:ng Judsd[ction entities the city to receive Federal HOME funds annually. Port Arthur will use these funds to address it demand for first-time homeownership for Iow and middle income families. General]'..,, partic[pat ng jurisdictions must provide a 25 percent matching 4 contribution for HOME funds drawn down from the participating jurisdiction's Treasury accounts for rental assistance, housing rehabilitation, and acquisition of standard housing, and a 30 percent matching contribution for HOME funds drawn for new construction. However, the City of Port Arthur has received a 100 percent reduction in its match requirement based on its level of fiscal distress. This reduction of match requirement was published in the January 1, 1999 Federal Register, Part V, Appendix B. OTHER RESOURCES In addition to receiving Federal HOME funds, a participating non-profit organization has also received State HOME funds. The State funds will be used in the following programs by the organization: 1999 State HOME Housing Opportunities of Texas- Homeownership Assistance Program-New Construction and Existing $189,977 Home Purchase PROGRAM INCOME The City of Port Arthur expects to receives $49,340 of Program Income from housing activities. The city will revolve all program income back into the Housing Assistance Program. GEOGRAPHIC DISTRIBUTION The City's Community Development Block Grant and HOME funds will be used only in Iow to moderate income areas of the city. HOMELESS AND OTHER SPECIAL POPULATIONS To address emergency shelter and transitional housing needs of homeless individuals and homeless families with children, the city's only homeless shelter provider, Port Cities Rescue Mission, was allocated CDBG funds to expand on its existing services. The Mission provides shelter to homeless men, women, and families with children. The Mission also operates a facility thet offers dental and health care services GED classes and a clothing d:,stribution center. NEEDS OF PUBLIC HOUSING The Housing Authority of the City of Po~t A~lhur has not been designated as "troub!ed" by HUD nor is ~:he~w[se ~.e-~o'm,ng poo~i? Funding Sources Entitlement Grant (includes reallocated funds) CDBG $1,901,000 ESG $0 HOME $562,000 HOPWA $0 Total $2,463,000 Prior Years' Program Income NOT previously programmed or reported CDBG $0 ESG $0 HOME $0 HOPWA $0 Total Reprogrammed Prior Years' Funds CDBG $36,541 ESG $0 HOME $0 HOPWA $0 Total $36,541 Total Estimated Program Income $0 Section 108 Loan Guarantee Fund $0. TOTAL FUNDING SOURCES $2,499,541 Other Funds $0 Submitted Proposed Projects Totals $0 Un-Submitted Proposed Projects Totals $2,499,541 ~00 ~00 ~> 0 0 °800 0o {o ~0 0_,_1 o 0 0 0 %> C3 0 0 0 0 0 0 ~00 0 0 00 ~o m. ANTI-POVERTY STRATEGY The City of Port Arthur will continue to support the Port Arthur Housing Authority's Family Self*Sufficiency Program (FSS). The Program is designed to assist public housing residents gain self sufficiency, The Program encourages and assist residents in acquiring job training, skills development, GED preparation tutoring, day care and tuition fee to attend Lamar State College. In other efforts to raise families out of poverty, the City's Lamar State College - Port Arthur Scholarship Program continues to assist residents in receiving college educations. The Program is designed to lower the cost of education making it affordable to anyone desiring to receive either a vocafional/technical or complete the first two years of academic college courses. The city by way of CDBG funds provides qualified students with tuition, fees, and cost of books. In order to make affordable housing available to lower to middle income, the City's Housing Department, as well as several non-profit organizations, is targeting this segment of the population. LEAD-BASED PAINT HAZARDS The City of Port Arthur has incorporated HUD lead-based paint guidelines into its Housing Assistance Program Guidelines. According to 24 CFR Part 35, HUD requires that purchasers and tenants of HUD associated housing constructed prior to 1978 shall be notified: That the property was constructed prior to '1978; That the property may contain lead-based paint; Of the hazards of lead-based pain t; Of the symptoms and treatment of lead-based paint; Of the precautions to be taken to avoid lead-based paint poisoning. In addition, all properties to be rehabiIitated shall be subiect to inspection to determine the existence of lead-based pain in exterior and interior surfaces finishes. The Port Arthur Housing Authority in its effort to reduce lead-based paint hazards, completed a Comprehensive Modernization Program in 1988. This Program included testing for lead-based paint, and the removal and abatement of any hazard detected. BARRIERS TO AFFORDABLE HOUSING The City of Port Arthur has no policies in place that hinders the availability of affordable housing. Although no action nor reform steps are required, the City will continue to seek resourceful and innovative ways to make affordable housing available to all residents. UNDERSERVED NEEDS AND MAINTAINING AFFORDABLE HOUSING The City of PoN Arthur's Housing Assistance Program continues to assist mid.::e rcome families through the Homebuyers Program Although many of them are able to pa,,., mon~h!y re:': fe,v can afford the down ~aymentandciosingcostsrequlredtopurchaseanom~ By dedicatlng sc ne cf :s HOME funds to the nomebuyer's program, the City of Port Arthur is making the American dream cs"*e :-::e for many hard working residents who would otherwise not quel!f./ Through downp~ymenl assistance, buying down of interest rates end land donation homeownershio is no','/a reality To ensure affe~dsbility, the City of Port A~nur waives ali fees and permit costs relatea to housing rehabililation and cozs:ru:t on The city will also donate vec?: 6 OBSTACLES TO UNDERSERVED NEEDS The City of Port Arthur's Housing Programs will assist the middle income family with its homeownership programs. This segment of the population, due to their middle income, is usually unable to receive federal assistance for their housing needs. The middle income usually is a one or two parent family with children, both or one parent work full-time, the family rents either a home or apartment because the families' combined income isn't enough to purchase a home. The City has designed its First Time Homeownership Programs, the new Construction and the Existing Housings, to assist this segment of the population. INSTITUTIONAL STRUCTURE The City of Port Arthur along with ihe city of Beaumont, City of Orange, Beaumont Housing Authority Port Arthur Housing Authority, City of Orange Housing Authority, Orange County Housing Authority and East Texas Fair Housing Service Center meet regularly to discuss housing issues as well as to host an annual Fair Housing Conference. COORDINATION The City of Port Arthur participates in the Southeast Texas Coalition for the Homeless Coordinating Council that identifies service gaps and promote collaborative resources to individuals who are homeless in the Jefferson, Hardin, and Orange county. PUBLIC HOUSING RESIDENT INITIATIVES Strategy to address the needs of public housing activities that will be undertaken to encourage pub!!~; housing residents to become more involved in management and participated in homeownership: '*The Housing Authority of the City of Port Arthur plans to enhance local residents councils with training and continue to support residents with its Self - Sufficiency Program. The Housing Authority of the City of Port Arthur has not been designated as "troubTed" by HUD nor is otherwise performing poorly. RESALE PROVISIONS The City of Port Arthur intends to use its Federai HOME allocation primarily for First Time Homebuyer assistance. In order to insure that housing remains affordable to Iow and middle income househ6]ds, the city will provide forgivable loans to purchase land for the construction of a new home assist with downpayments, pay closing costs and buy down interest rates or prepaids. Under the First Time Homebuyer's - New Construction Program, the eligible family will secure permanent !oans from participating lenders and provide S1000.00 of their own funds toward closing costs The Forgivable Loan Agreement shall contain provisions that stipula~ that when a home is sold by the borrower under the First Time Homebuyer's Program - New Construction, the borrower shall agree to pay to the City of Port Arthur the pro-rated amount of the forgivable loan if the structure is sotd within ten (10) years after the date of execution o~the loan agreemen.t. The First Time Homebuyers Program - Existing Housing w:,ll stipu!ate that the b:r'c,,,,'er sba!! agree to pay to the City of Pot: ArthL" t~e Fro-rated amount o~ the roan if the structure is sold within five (5) years after the date of the loan agreement These provisions 7 may be waived if the structure is sold to a person who is qualified as a Iow or middle income person under the program when the loan is made. HOME TENANT-BASED RENTAL ASSISTANCE The City of Port Arthur doesn't use HOME funds for tenant-based rental assistance. FORMS OF INVESTMENT The City of Port Arthur will use it HOME funds only in areas of assistance as described in 24 CFR 92.205. AFFIRMATIVE MARKETING The City of Port Arthur homebuyer's program is primarily done on scattered sites. There are no current plans for projects offlve or more units. The City currently advertises in the local newspaper, Port Arthur News, and always uses the Equal Housing Opportunity logo on all advertisements. MINORITY/VVOMEN'S BUSINESS OUTREACH The City of Port Arthur's Housing Division advertises for minority and women's businesses in the Port Arthur News and in local minority newspapers and radio stations. REFINANCING The City of Port Arthur doesn't intends to use HOME funds to refinance existing debt secured by multifamiiy housing that is rehabifitated with HOME funds. MONITORING The City will monitor each subrecipient by reviewing reimbursement requests as welt as conducting on- site monitoring visits. The subrecipient ,,viii be required to submit monthly performance reports. disk:plan file:2002pln.wpd Continuum of Care: Gaps Analysis - Individuals -- Beds/Units Emergency Shelter Transitional Housing Permanent Housing Total Estimated Current Unmet Need/ Relative Needs Inventory Gap Priority [1UU j 180 143 I [~u J I~nea 41 139 - Estimated Supportive Services Slots Job Training Case Management Substance Abuse Treatment Mental Health Care Housing Placement Life Skills Training Other Categories transportation '] UU ] I'~--1 L/ J ~ Fra--1 ~ i-o---1 Fz,s--] ~ F-,s--1 F.ms--] ~ I"m'--i ~ (nnea j I[ I t~a J -- Estimated Sub-Populations Chronic Substance Abusers Seriously Mentally Iit Dually-Diagnosed Veterans Persons with HIV/AIDS Victims of Domestic Violence Youth ISO--1 [',so'--] l-Z~--1 (--~--] ~--1 F 1-5'o--1 i-,ao---1 i-s.o--1 l-~--] I~u 1 Continuum of Care: Gaps Analysis - Persons in Families with Children - Beds/Units Emergency Shelter Transitional Housing Permanent Housing Total Estimated Current Unmet Need/ Relative Needs Inventory Gap Priority DO'--I Izu I Do--] I-o---1 120 20 100 - Estimated Supportive Services Slots Job Training ~50-- Case Management Child Care [50-- Substance Abuse Treatment [5"0-- Mental Health Care [25-- Housing Placement [-50-- Life Skills Training [~u Other Categories Transportation D°-] F [U I p"o---q 1 1 ~ 1 1 [,~u L~ea [~ea [Low -- Estimated Sub-Populations Chronic Substance Abusers Seriously Mentally Ill [~u J Dually-Diagnosed DO--I Veterans [luu J Persons with HIV/AIDS ~ Victims of Domestic Violence I"~--1 F'Z~---1 ISO--1 L~U I~u Special Needs/Non-Homeless -- Sub-Populations Elderly Frail Elderly Severe Mental Illness Developmentally Disabled Physically Disabled Persons with Alcohol/Other Drug Addiction Persons with HIV/AIDS Priority Need Iv]ea TOTAL Estimated $ L$~U,uuu J [$zu,uuu j [$zu,uuu j [$zu,uuu I ~$zu,uuu I Housing Needs -- Renter Small Related Large Related Elderly All Other Need Level Units 0-30% of MFI 31 - 50% of MFI 51 - 80% of IVlFI 0-30% ofMFI ~ ~'0 ] 31 - 50% o~MFI ~ lUU j 51- 80% of MFI ~ [100------] 0 - 30% of MFI 31 - 50% of MFI 51 - 80% of MFI 0 -30% of MFI 31 - 50% of MFI 51 - 80% of MFI Estimated I$~Uu,uuu I$~,uuu,uuu [$~uo,uuu I$~°u,uuu [$~,uuu,uuu [1UU ] I$~uu,uuu ] I*~Uu,uuu I J I$~,uuu,uuu I ISzuu,uuu I ISzuu,uuu I -- Owner 0 - 30% of MFI 31 - 50% of MFI 51 - 80% of MFI ~z,uuu,uuuJ ~z,uuu,uuuJ APPENDIX 9 CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing~ which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that ~alysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104 (d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace -- It will or will continue to provide a drag-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about: (a) The dangers of drug abuse in the workplace; (b) ' The grantee's policy of maintaining a drug-free workplace; An3' available drng counseling, rehabilitation, and employee assistance programs: and The penalties that inay be imposed upon employees £or drug abuse violations occurring in the workplace: ~ 3 Making it a requirenqent that each employee to be engaged ix the ,',erformance of the grant be given a copy o~' the statement required by paragraph 1: 4. Noti~'ing the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will: (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the ~vorkplace no later than five calendar days after such conviction; Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to evgry grant office or other designee on whose grant activity the convicted employeb was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, la~v enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drag-free workplace through implementation of paragraphs i, 2, 3, 4, 5 and 6. Anti-Lobbying -- To the best ofthejurisdiction's ~knowledge and belief: No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing, or attempting to influence an office or employee of any agency, a Member of Congress, an office or employee of Congress, or an employee ora Member of Congress in connection with the a~arding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. if :::7 fimds other than Federal appropriated/'rinds ha', e ;:ce:. paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance ~vith its instructions, and 3. It will require that the language of paragraph (a) of this certification be included in the award documents for all subawards at all tier (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients.. shall certify and disclose accordingly. Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the j~risdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan -- The housing activities to be undertaken with CDBG. HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Signature/Authorized Official Date Citv Manager Title Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation -- It is full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan --Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community d~velopment objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (see CFR 24 570.2 and CFR 24 part 570.) Following A Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds -- It has complied ~vith the following criteria: Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also ing!ude activities which the grantee certifies are designed to meet other community ~ development needs having a particular urgency because existing conditions pg[e a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); Overall Benefit. The aggregate use of CDBG funds including section 108 guaranteed loans during program years(s) 2002, (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit person of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; ~pecial Assessments. It will not attempt to recover any capital costs of public improx ements assisted with CDBG funds including Section 108 loan guaranteed funds b.x assessing an.',' amount against properties owned and occupied by persons of low and moderate income, including any fee chargett or assessment made as a condition of obtaining access to sp. ch pnblic improvements. I-Iowex er. if CDBG funds are used to pay the proportion of a Ike or assessment that relates to tb.e capital costs of public improveznents (assisted in part with CDBG funds) Iinanccd I'rOlll other revenue sources, an assessment or charge nlay be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction xvill not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate-income (not lo,v-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force -- It has adopted and is enforcing: A policy prohibiting the use of excessive force by la~v enforcement agencies within it jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non- violent civil rights demonstrations within its jurisdiction; Compliance With Anti-discrimination laws --The grant will be conducted and administored in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair~: Housing Act (42 USC 3601-3619), and implementing regulations. ~,~;~ Lead-Based Paint-- Its notification, inspection, testing-and abatement procedures concerning lead-based paint will comply with the requirements of 24 CFR § 570.608; Compliance with Laws -- It xvill comply with applicable-laws. Slgnatu:'e 5\ut.l~orlzec: Of~ci3~. Do. te City Manaeer Title OPTIONAL CERTIFICATION CDBG Submit the following certification only when one or more of the activities in the action plan are designed to meet other community development needs having a particular urgency as specified in 24 CFR 570.208(c): The grantee hereby certifies that the Annual Plan includes one or more specifically identified CDBG - assisted activities which are designed to meet other community ~evelopment needs having a particular urgency because existing conditions pose a serious and immediate tkreat to the health or welfare of the community and other financial resoumes are not available to meet such needs. Signature/Authorized Official Date City Manager Title Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance -- If the participating jurisdiction intends to provide tenant-based rental assistance: The use of HOME funds for tenant-based rental assistance is an essential element of the participa~:ing jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs -- It is using and will use HOME funds for eligible activities and costs as described in 24 CFR § 92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in § 92.214. Appropriate Financial Assistance ~- Before committing any funds to a project, it will · evaluate the project in accordance ~vith the guidelines that it adopts for this purpose and ~vill not invest any more HOME fi~nds in combination with other Federal assistance than is necessary to provide affordable housing. Signature/Authorized Official Date City Manager Title APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS: Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction whs made or entered into. Submission of this certification is prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person ~vho fails to file the required certification shall be subject to a civil penalty of not less the $10,000 and not more that $100,000 for each such failure. Druo_-Free Workplace Certification By signing and/or submitting this application or grant agreement, the grantee is. providing the certification. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or other~vise violates the ~,.. requirements of the Drug-Free Workplace Act, HUD, in addition to any 0~er remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. For grantees other than individuals, Alternate t applies. (This is the information to which jurisdictions certify). For grantees who are individuals, Alternate II applies. (Not applicable jurisdictions.) Workplace under grants, for grantees other than indMduals, need not be identified on tile certification. Ifknoxx.~. the>' may be identified in the grant application. If the grantee does not identiS' the xx orkplace at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) o file in its office and make the ir/formation available for Federal inspections. Failure to identify all 'l,:noxx~ workplace constitutes a violation of the c?an[~'es drug-fi'ee xxorkr~lace reauirenlem< V.'orkpL:c._' i !:.i::[fications taus: include the actual address of bui!dings (or parts of buildings) or other sites where work under the grant takes placc. Categorical descriptions may be used (e.g., all vehicles of mass transit authority or State highway department ~vhile in operation, State employees in each local unemployment office, performers in concert halls radio stations). If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph five). 8. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street a~tdress, city, county, state, zip code) Check if there are workplaces on file that are not identified here; The certification with regard to the drug-free workplace required by 24 CFR part 24, subpart F. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-Free, Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308-11 through 1308-15). "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes. "Criminal drug statute" means a Federal or non-Federal criminal statute invo!vin5 tl2e manufacture, clistribution, dispensing, use, or possession of any controlled substance: "Employee" means the employee of a grantee directly engaged in the ;-erCr~nance ofx,.ork under ~ grant, including: (i)All "direct charge" en~ployees: ~ii)all "indirect charge" employees unless their impact or i:~x'o'~x en2e~:r is insignifican~ to the perforn~ance of the grant; (iii) [en~po:'ar;,' perso~mel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplace). disk: certifications file: certs Thursday. Eeb.r, ua~J~ 21 ~:2002, Port.Ar~thur~,News. 3D Subr 'epJaces · ' all. currert~ Cpmm unib/P, la~in g : 'and Deye[~ppqe~t (C~[~)p]ap- ~ hinge', and ;:a~pli~t '' mon~'~ilh~a~ingle sub~i~ ;; This~Ran~il =~asl~Ihe~in~- ' mum slaMP~r~ui(e~enl~f foul CPD,~o~ programsg~,~ Gran[ HOMEJln~stmaB nemhips ~HOME), E~e~gency hens~q Housing ~ g d~illy . Stra~gy (C~AS) · . Op~duni~lo~ Pe~ns wi~ ,: "AIDS~(HOEWA):~A dfa[r Pan~ s ava~be, or~mvew at ;~ the fo Io~g Iocation;begisgiqg ;.March 25,~00~ Irom':~ si 9:00 a;m:~ 4:00 p.m:~ ~ .,GrantsM~nagement Qivisloq ~: ~ p~an~Jng'd~ument prepared by with' he~ ~o~ .Autho~ a~d sevor~ ~or or- , othe[ mlatod ~ee~ of Ih~ Cites :l~d~ ~lly u~e~iogy~s. ~,~ Sunday, November[!:.l.~20011~;Port Arthur News Ice,nine, G~enLs'Managoment s o~e .~[ ~.lSuBday, November~11 ~2qOlCPort'Arthur News 1D:~ t De-