R89-13 04-10-89RESOLUTION N0. R89-13
A RESOLUTION APPROVING AN APPLICATION FOR FUNDING THROUGH
THE TEXAS DEPARTMENT OF COMMERCE TEXAS CAPITAL PROJECTS
FUND.
BE IT RESOLVED by the City Council of the City of Pearland as
follows:
Section 1. The City Council has reviewed and hereby approves an
application for:
Loan to Reiton Corporation
General Administration
$470,000
30,000
TOTAL APPLICATION
$500,000
Section 2. The City Council has reviewed and hereby agrees to
comply with all assurances executed in connection with the application
and, if awarded, the grant.
Section 3. The City Manager is hereby authorized and directed
to act on the City's behalf in all matters pertaining to this
application.
PASSED and ADOPTED at a regular meeting of the City Council of
the City of Pearland held on April 10, 1989 by the following vote:
AYES: Councilmembers Smith,
NAYES: None
ABSENT: Councilmember Wolff
Tetens, Roberts and Bost.
Mayor
ATTEST:
C yS~r t~ary~~
it e
APPROVED AS TO FORM:
C~ty Attorney
ASSURANCES
The applicant hereby assures and certifies that he wiil comply with the regular cns, pc!icies.
guidelines and requirements, including Office of Management and Budget Circulars Nos. A-57
and A-102, as they relate to the application, acceptance and use of federal funds for this
federally-assisted project. Aso, the applicant gives assurance and certifies with respect to the
grant that:
1. It possesses legal authority to apply for the grant and to finance and construct the
proposed facilities; that a resolution, motion or similar action has been duly adopted or
passed as an official act of the applicant's governing body, authorizing the filing of the
application, including all understandings and assurances contained therein, and directing
and authorizing the person identified as the official representative of the applicant to act
in connection with the application and to provide such additional information as many be
required.
2. It will comply with the provisions of: Executive Order 11988, relating to evaluation of flood
hazards, and Executive Order 11990, relating to protection of wetlands.
3. It will have sufficient funds available to meet the non-federal share of the cost for
construction projects. Sufficient funds will be available when construction is completed to
assure effective operation and maintenance of the facility for the purposes constructed.
4. It will obtain approval by the appropriate federal/state agency of the final working drawings
and specifications before the project is advertised or placed on the market for bidding, that
it will construct the project, or cause it to be constructed, to final completion in accordance
with the application and approved plans and specifications; that it will submit to the
appropriate federal/state agency for prior approval changes that alter the costs of the
project, use of space, or functional layout; that it will not enter into a construction
contract(s) for the project or undertake other activities until the conditions of the
construction grant program(s) have been met.
5. It will provide and maintain competent and adequate architectural/ engineering supervision
and inspection at the construction site to insure that the completed work conforms with the
approved plans and specifications; that it will furnish progress reports and such other
information as the federal grantor agency may require.
6. It will operate and maintain the facility in accordance with the minimum standards as may
be required or prescribed by the applicable federal, state and local agencies for the
maintenance and operation of such facilities.
7. It will give the grantor agency 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.
8. It will require the facility to be designed to comply with the "American Standard
Specifications for Making Buildings and Facilities Accessible to, and Usable by, the
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f
Physically Handicapped," Number A117.1-1961, as modified (41 CFR 101-17.703). The
applicant will be responsible for conducting inspections to insure compliance with these
specifications by the contractor.
9. It will cause work on the project to be commenced within a reasonable time after reiceipt
of notification from the approving federal agency that funds have been approved anc that
the project will be prosecuted to completion with reasonable diligence.
10. It will not dispose of or encumber its title or other interests in the site and facilities during
the period of federal interest or while the government holds bond, whichever is the Iorger.
11. It will comply Title
y with 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 immediately 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 applicant, 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 whic1 the
federal financial assistance is extended or for another purpose involving the provision of
similar services or benefits.
12. It will establish safeguards to prohibit employees from using their positions for a purpose
that is or gives the appearance of being motivated by a desire for private gain for
themselves or others, particularly those with whom they have family, business, or other ties.
13. It will comply with the requirements of Title II and Title III of the Uniform Relocation
Assistance and Real Property Acquisitions Act of 1970 (P.L 91-646) which provides for fair
and equitable treatment of persons displaced as a result of federal and federally-assisted
programs.
14. It will comply with all requirements imposed by the federal grantor agency concerning
special requirements of law, program requirements, and other administrative requirements
_ , approved in accordance with Office of Management and Budget Circular No. A-102.
15. It will comply with the provisions of the Hatch Act which limit the political acti ity of
employees.
16. It will comply with the minimum wage and maximum hours provisions of the Federal Fair
Labor Standards Act as they apply to hospital and educational institution employees of
state and local governments.
17. It will insure that the facilities under its ownership, lease or supervision which shall be
utilized in the accomplishment of the project are not listed on the Environmental Protection
Agency's (EPA) list of Violating Facilities and that it will notify the federal grantor alpency
of the receipt of any communication from the Director of the EPA Office of Federal Activities
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indicating that a facility to be utilized in the project is under consideration for listing by the
EPA.
18. t will comply with the flood insurance purchase requirements of Section 102(a) of the Flocd
Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved Cecember 31 ,
1976. Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance
in communities where such insurance is available as a condition for the receipt of any
federal financial assistance for construction or acquisition purposes for use in any area that
has been identified by the Secretary of the Department of Housing and Urban Development
as an area having special flood hazards. The phrase "federal financial assistance" includes
any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance
loan or grant, or any other form of direct or indirect federal assistance.
19. It will assist the federal grantor agency in its compliance with Section 106 of the National
Historic Preservation Act of 1966 as amended (16 U.S.C. 470), Executive Order 11593, and
the Archeological and Historic Preservation Act of 1966 (16 U.S.C. 469a-1 et seq.) by (a)
consulting with the State Historic Preservation Officer on the conduct of investigations, as
necessary, to identify properties listed in or eligible for inclusion in the National Register
of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the
activity, and notifying the federal grantor agency of the existence of any such properties,
and by (b) complying with all requirements established by the federal grantor agency to
avoid or mitigate adverse effects upon such properties.
20. (a) "It will comply with Texas Civil Statutes, Article 5996a, by insuring that no officer,
employee, or member of the applicant's governing body or of the applicant's contractor
shall vote or confirm the employment of any person related within the second degre by
affinity or third degree by consanguinity to any member of the governing body or to any
other officer or employee authorized to employ or supervise such person. This prohibition
shall not prohibit the employment of a person who shall have been continuously employed
for a period of two years prior to the election or appointment of the officer, employee, or
governing body member related to such person in the prohibited degree."
(b) "It will insure that all information collected, assembled or maintained by the applicant
relative to this project shall be available to the public during normal business hours in
compliance with Texas Civil Statutes, Article 6252-17a, unless otherwise expressly provided
by law."
(c) it will comply with Texas Civil Statues, Article 6252-17, which requires all regular,
special, or called meetings of governmental bodies to be open to the public, except as
otherwise provided by law or specifically permitted in the Texas Constitution."
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CERTIFICATION
Tom Reid Mayor Pearland/Harris & Brazori
NAME TITLE • CITY;COUNTY
CERTIFY, WITH RESPECT TO THE EXPENDITURE OF TEXAS COMMUNITY DEVELOPMENT
PROGRAM FUNDS BY Pearland , THAT:
CITY/COUNTY
(1) IT WILL MINIMIZE DISPLACEMENT OF PERSONS AS A RESULT OF ACTIVITIES ASS STED
WITH SUCH TCDP FUNDS.
(2) THE PROGRAM WILL BE CONDUCTED AND ADMINISTERED IN CONFORMITY WITH
PUBLIC LAW 88-352 AND PUBLIC LAW 90-284, AND THAT IT WILL AFFIRMATIVELY
FURTHER FAIR HOUSING: AS SPECIFIED BY THE TEXAS DEPARTMENT OF COMMERCE.
(3) IT WILL PROVIDE FOR OPPORTUNITIES FOR CITIZEN PARTICIPATION, HEARING AND
ACCESS TO INFORMATION WITH RESPECT TO ITS COMMUNITY DEVELOPMENT PRO-
GRAMS AS SPECIFIED BY THE DEPARTMENT.
(4) IT WILL NOT ATTEMPT TO RECOVER ANY CAPITAL COSTS OF PUBLIC IMPROVEMENTS
ASSISTED IN WHOLE OR IN PART WITH TCDP FUNDS BY ASSESSING ANY AIV1OUNT
AGAINST PROPERTIES OWNED AND OCCUPIED BY PERSONS OF LOW AND MODERATE
INCOME, INCLUDING ANY FEE CHARGED OR ASSESSMENT MADE AS A CONDITION OF
OBTAINING ACCESS TO SUCH PUBLIC IMPROVEMENTS UNLESS (A) TCDP FUNDS ARE
USED TO PAY THE PROPORTION OF SUCH FEE OR ASSESSMENT THAT RELATED TO
THE CAPITAL COSTS OF SUCH PUBLIC IMPROVEMENTS THAT ARE FINANCED FROM
REVENUE SOURCES OTHER THAN TCDP FUNDS: OR(B) FOR PURPOSES OF ASSESSING
ANY AMOUNT AGAINST PROPERTIES OWNED AND OCCUPIED BY PERSONS OF LOW
AND MODERATE INCOME WHO ARE NOT PERSONS OF VERY LOW INCOME, THE UNIT
OF GENERAL LOCAL GOVERNMENT CERTIFIES THAT IT LACKS SUFFICIENT TCDP FUNDS
TO COMPLY WITH THE REQUIREMENTS OF CLAUSE (A).
(5) THE UNDERSIGNED CERTIFIES THAT NO ELECTED OFFICIAL OR EMPLOYEE OF THE
GOVERNMENTAL SPONSOR HAVING ANY DECISION MAKING AUTHORITY WITH REGARD
TO THIS APPLICATION HAS ANY PERSONAL OR FINANCIAL INTEREST, DIRECT OR
INDIRECT, IN THE BUSINESS FOR WHICH FINANCIAL ASSISTANCE IS REQUESTED.
(6) THE UNDERSIGNED FURTHER ACKNOWLEDGES THAT THIS APPLICATION, IF APPROVED,
WILL BE FUNDED THROUGH FEDERAL FUNDING SOURCES WHICH CARRY WITH THEM
SPECIFIC REGULATORY REQUIREMENTS IN THE AREAS OF CIVIL RIGHTS, LABOR
STANDARDS, AND ENVIRONMENTAL REVIEW AMONG OTHERS.
S IrATU R E DATE
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