CC Resolution No. 933 1680
RESOLUTION NO. 933
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, SETTING FORTH DESIRED PRIORITIES FOR
CAPITAL IMPROVEMENTS WITHIN THE CITY LIMITS OF THE CITY
OF BAYTOWN AND IN THE BAYTOWN AREA.
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WHEREAS, Harris County Commissioners have indicated a desire to hold a
bond election within the next eighteen (18) months to provide needed capital
improvements; and
WHEREAS, in order to formulate a county bond issue, the County Judge and
Commissioners have requested that the City of Baytown help determine what capital
improvements should be included in the bond election; and
WHEREAS, this Council has assessed possible capital improvements to meet
the needs of its growing community; and
WHEREAS, the City Council now desires to submit certain projects, listed in
order of priority, for consideration for inclusion in the bond program; NOW
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council requests the County Judge and
Commissioners to consider the following street improvements and drainage
improvements as the City's desired list of priorities in the next county bond
election:
STREET IMPROVEMENTS
I . North Main Street - Remove concrete medians between
Cedar Bayou Road and Baker Road and construct
continuous left turn lane .
11 . Lynchburg/Cedar Bayou Road - Construct a five ( 5) lane
road with curb and gutter between Garth Road and N.
Main Street .
III . Bush Road - Construct a four ( 4) lane road with curb
and gutter and storm sewers from Baker Road to
Lynchburg/Cedar Bayou Road .
IV. East Baker Road - Construct a five ( 5 ) lane road with
curb and gutter between North Main Street and
Sjolander Road.
V. Raccoon Road - Construct a 39- foot road with curb and
gutter between Massey-Tompkins and Lynchburg/Cedar
Bayou Road .
VI . Barkuloo Road - Construct a 39- foot road with curb and
gutter between Massey- Tompkins and Lynchburg/Cedar
Bayou Road .
1681
DRAINAGE IMPROVEMENTS
1 . 0 100- 00- 00 - Improve channel downstream of concrete
section from HL&P R.O.W. to Loop 201 .
II . G 202 - 00 - 00 - Improve channel from Pin Oak Street to
Rollingwood Drive.
III . 0 100 - 00-00 - Construct concrete channel improvements
from Baker Road to Cedar Bayou/Lynchburg Road.
IV. 0- 100- 00- 00 - Improve earthen channel from Cedar
Bayou/Lynchburg Road to Interstate 10.
V. Q 103 - 00- 00 - Construct concrete channel improvements
from Danubina Street to Cedar Bayou.
Section 2: This Resolution shall become effective from and after its passage
by the City Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote of the City
Council of the City of Baytown, this the 12th day of December, 1985.
EMMETT O. HU O, Mayor
ATTEST:
ILEE P. HALL, City Clerk
APPROVED:
AN ALL G, City orney
ICAC'iT pSSURANll ESons,Policies,Bu`�se of Federal ands fortor=
CI a cant that Hatch w'b'cb limit
pPPL EMA*e8. tancea{ot e et
will comp latevith to theaPPlicaend as a conditionth gsions of the A ours
that be4 4 as they with respect
0
Cechy assures an A-102V to
�iaad FMU ante and certifies it Y f t n
j5 It will comply with th CPT 1
tees ass the Political actvit of eM
The Applicant h A.95 and Applies g and to finance with theP^ii"'m rTtp Y
urn L odes dsdAma xi h
abor s to ee
otS
the 1v tOT the grant,. motion or 16. tt will comply¢Federal Fs I'.
eY PP'd
Ob1B's Cite uect. Also, otiicial act of th¢ducational insututon ¢ s
to aPP. .that a Test) ion,rr` of the provisions
assed as an and teT relief wo
assisted TIL
P}OI legal authOosed(acdiaLed oT P thing '0.a1
It Possesses 'Med bo,p cuts. belief)hM
the Prof duly adop auI riztn8 tie es coots overnm a and
1' and construct been body, . d assuranc local 8 wledg Emergn
as the ency' can 6"Tit
naedgln as
ruing taudmgs a^ tdenttfied with To the best of his k°F
action has the P lion each Federal which Fed
eral
ilar
,{the apphcan�s g 9 all and tonne, anon ss on a
enter,
or
dens erson ice `^"p part and
inclvd`^g authorizing to act In li. ( APP�',a ,Lion t
application, licant described project , otgtbl g
directing and aPP such additional Inform iFEMA) . re Quested Federal all
cor an
¢ ulattons
therein,andesentenfaeto PT°vide q4 Code oks. T
Order 11983, sistance i, ndbo therein
dd o inn o
Official lePation contained tEMA Ha work es
,hev^be required. Executive er }7990, ble F retie( here
d
may
lv with the Pr°vtsi ms' and Executive Or appliesor disaster requested hme loss
from
Tlanagem 18 The amergenc
} Assistance
It will come- la`nof\ti,tlands. Federal eral
2, F1,C) rOeet the non- will which Fduplicate benefits received tot the¢sa
relating t°Protection adabl, to live will not th o
°^ ¢ United States
relating t° t funds IV eats. sofficte ire eta„ Cost to ates
have sufticien auction Prol leted ose another source with ni 9"C¢ssar),
all a
hsh Smartt of the
o ass
It will tar ton COMP for the pure rove ghts of g
3. of the cost facility will i1) P e for
In sape p d
kited t
share when to of he fa 19. It
and holduved work or
S re
crest funding
be available aintenance the Project or ved work', (2)
rant PTO' aPP{O es due to the aPPTO
operation and m the g damag loans contra tot in Consideration o oo`ae m the pay ad.
forb rs mehan<al
u�ted.
4 const e o t ant ditions C e is given eral grants,1 of iter FedeApplies'rst by
tton o
nto a
It will no th T iactivii ies it the con assurance all Fed ounts theed 1n
nt an a hltecwT- 20, This ess any Inc' ertY, disc hereof a be extend
eT uate am site 0htamfng cts, Prof the dace lance will de in this as
underta have been met. dad 4 ucton es, contra tend' after ancial a agT eats he light to seek
gram(s) m rain COMP,te u at the toastya aPProved vane nee exten Federal Fin a and agTpe have the nB is binding
will PtOvide an cry lion I'd work conforms W,e„reports and asFJA P, thLt he eptecTQSUnat,,, States
slThis essays ees,ane feu.
It FE the iced
ne
5. tt engi^,.ring the completed, will (urnish P Seery may Tellance ° that the Of his assurance,
Tee f
insure t ns, at iteNi ,8 tar a8 the saran a and em t ors,trans{e eaTaon the c nrce
tsp atio ' that to ran with , orc .t ess a P Rea
Plans
other In
as the F e facility in accoedctbed by. t ice judi`he applicantns success
sige store ehalf of the a p O[
to sign this assurance PUT regm'eot 9i 3,
and maintain be requited °Ttor the mamtenn person oc Persons
Will oP,Tate as may local agencies th,rized Tance P 4,
g It standards8tate and crest, with the flood insu proteDece �bey+, hase
mum Federal' facilities. "otter General,to It will comely
}021a) of the Flood Disasteroved2 j9y5 the purchase
sainable . of such and the Gom4 and th,rig 21. i Stat. 9
eranon to the after March such insu{ante
and oP enc5 related Section 'a g3"2e4�aes,on an
the grantor prQ5entativeOI access
nts 'n co public�021a) mmvn
It will give authorized ik Papers, Section insurance ` e
ides wh{Tan
eceipt o
i. h any boo with end o1 Hood ac4uisitiit Pure
any sat Tr
throng a condition for the Director.Faaed Em
use in any
examine all records, to comPh' available a,
to be designed Buildings assistance tot construction°T Having nc
azaTdg
ecial a}, form
grant. Making Handi- been identifie area . includes rmr
the facility the PhYsicall5 1 1. that has enc5 as an
Q of loan,
vice ecifications for GFR 101- . aPhcase ent Ag fmns ci t
It will require al assistance t
and Usable by Manaeem ucanCe Pay other arm
°
d bsidy, disaster
s. ,.American Standard ' as mo ble (41Condvding `^� ,Federal i
'recto Indirect
•� Acres 1A11y'y"1961,TesP°nsible for grant, guaranty' rant, or any
s ¢citications by gection 37be
Facilities will be these P
t with assistance loan oTirements of
Oection to ap^suren<omPhance Commenced `viaov rig F der l assist,}�wiII they "'tam any e. u°tr",ct against t[In ,,her vcon-
sP he aPP that 22, 11 will tom P
the Pro],°otfmatyon from
P
he contractor. will see FL 93.28g O obtain an necessa
cause eiP aPP letion with adequ which was replace
{QSwred re
work on tot n roved and ding
It will a after o' Have b,¢^ to come reasonable, tun
9' reasonable time that funds cosecuted to any Prof¢this assistant,. o\ving flexible te, If this
enc5 Toject will be P strutted with
Federal agthe P other in serest to of any Prol
eats tnv
kes a {avoxable envnOnm¢n
work o^ ence its title °T ° 1 the.long r It will deter funding
tat clears
il
reasonable dilig of Feder" ,,get. 23.
ose of or encuheeTPenod ver is until FEDfA Ma
dlsP during whichever require cantor age npr to its.
will not holds bonds, g3,288 and with is Federal g PresO aft
comPlianc, `"
it
10 the site and facilities din t the Act
Or de
1
Governor,^t g11, P?" 352) an will ass, of the National Historic A t of 196
93 and
fj
while he lion L. 83" United 24. Istect. a 106 U,S.0 470), anon stop P
with state 17 rt
11. of he iv VI of the Act, f atonal a for be A eologiaal rand Hz)Consulting ati ieYestigationincusionnece
comply ° no person. origin, am
T agrees ofCivil RVI '
Title color, benefits o r Arch 1 et seq) by ( conduct
Title VI with 'Und o( r race, the Program °I 469a- n n o for ubjec
o the t r eligible
s t to
States'shall• on the gPa. in'' °^ and any pnanci'1 as- vation office' a" listed laces that activity,
and r
under
dtscrimtnati Federal necessary, to to identity P o{ Historic . e
excuded from aub P licant receivesmeasures ne, 3sler VR part 300.3)
by th
ected t° of the existent, re any lac
otherwise su is ,,h the aPP take any property 01 aptu ist. National Reg agency ulreme I. adv
activhY {p° will immediately any te8otfpederal the effects (see O v T i g rancor aH1 ing with all ice ch ti
ate
reement. If
aid the Federal g b) co
sistance e this ag with this 0 ante shall oblegL`, any ties, and by (raptor am to
v t a °i o
effectuate improved licant, of such PtOLopat °r the Federal
g
Provided p°ed to the APP transfer real P ¢Toes.
or to the °d during whicb Federal financial upon such Prof
financed be'
extend ¢ of any the airs of construction
ante era ose for which hc involving the safety, decency and Z
Applicant, will, toy any "Pairs codes, specific!
I
a P' tot another Purpose 25. It I cable standardsfcable
APP for the P
transferee,, d Cos a rds
hazes `
structure is u,extended at benefits' using with aPP itv with to the natural are to be
assistance ois f similar services or \oyees from a of m con
form will theuVa
earaIv Bards', and, T
provision uards to Prohibit ems the aPP s
�feg ur4ose that is or gives to[ themselves or the Proceeds of mitigate
loan
such Sag
ards
12. It gsit ohs {o a desire for PT Lhe9 have it business• u5epI'd consriat truction Pratt,
willI action
r a P tam Y,
their P Otivated ytha', witb whom h
being m artfcula'IY Title Ill o'
others,P 01 Title 11proP,Tty AC4ui" STATE ASSURANCE.`
or other ties. the re4uiTements
and Rea\ . for 'air and 'ithin Qme
13. It 1 with Ystance rovides i c rub
will comp Y ReIOCattpnL g1-64b) a 0 a result of Feder necessary aCtr ,d r<
rw
the Uniform of 19 i0 01 Persons displace
sitions anentthe Federal The State a il h m
agrees to sae ewalt these assort A7
eq ass cuts pose Of\a program require°o oP\iasume real Olvensi to t e % A For
uitable treesPrograms'
Federally- fisted imp y w,P am to as d
and with all requirem uiremenu ents aPProved aPPltcant t res
Will comply ecial ce4 uirern26g as amended, any deficiencies no
14. It agency concerning ,p }02,pL. 93- Director.
ular
grantor
age c and ocbe' administrative req
with OMB circlations.
accordance
able Fetters Reg
and ape
P P ids\^...F5 at eaern• x Y,c,.
s0k
PPP\"WCh be he£ap4\P alla �a CO Is
a�mpgIs eshoi t,Na6 as 5 pm%a',iys a pP¢s to
nd
wPl comelsrekale.to ,es4ed comply tiviyy^ JK. da,d es °
Ye th Y W wi\\CO IN ac ¢ m,m boT Sane a wst ,k
that q•as flies 5 It o ih la n wo
tjes 4" deer ' 1 tbeP with at Fa,y uWtio rebel
a Cara a FMC ^¢¢an once mp\Y ¢der \ ins yet Agency
�Xx CO
the
ant YeyeosAagSyaAPP cant g,vet04tHe Be `Jtion oytC�tkIvnt o�actth 16. 1To4i^sanedscatio^a edB ands B`ecSthF anegµi Hoff,¢O�socla\�a'd
\,c j: e \V a e b ,taove[ e0 W\ e 'Enter eT�ch sae 2
x9p
tba
VC CIT
ac
aslv(£stayed Pass lecQeJ gal bee osa anBadodYna'atonts o Jac, tea aasS .ae,nn(t be oa 0W 1�\too gbeaepioiect sA dl'Sao1i6F detl RBJ1 t\ons, Ya des¢Tibn,of
ec sin es
It P asV pas Ve,, eta the 9 ,n t o,ma EN,AI Teo" Cod¢ ooks. tt ther der aD m
1 snmi\a, a4P\manta Bo a\l dna hoTi`�cant to a. In
"toy
lsstance al,¢a is 1A tlandb T¢bet wo[ be
'Net tT°
t the t(on,i001 aV e of tha"'de such ad Ord,T llyg0, a4p\ic b\e F£� of disaste Tis {eed to,bhe el" soot¢ a\\lane
eCs h
attiPr�e n`>eP{e en and to 4r ( £xecuUtiieI p:der a eme¢aeaI benefits TeceN a Unjtecn4,tin tiQe tt[om
O(Cic epPlicaU°ed. Tovis\onst and Exec Federal 18. 'SW.Ich of dup\ica� ¢Ost to y in,ac,°ad gtan8
ibe be Teo ye P a%emen a non- as"IN Wi11^ soutc out c¢ssa e Un ndi ¢at
may with t,1an nas. ¢et th ttnn cave oybey ¢Wltbwas ne save th secs\in nrpos a.
to
cIel,
T k
2' I,eIs"nB Oa p,00dpron of funds Lion 4TO). eayie`p pp5ette 19 Hit e,ents w'Or le PP oaa more ato^ ns,de Fed Ta\G snt bs
of sa Fe bee,el e.
s�a
Com
NOI
tee ova ects� wiU an 2) ve of b in' nc
ev
Te\aunB have sos`'tonc ac t°he tad\its Jot
a 4To1e¢t�o. app[ages dJa tO tb Tven iTeae,•a\STao�^ts°Qoi to \\be e%,O's ask
It wiYot the wben c¢nonce' ytal to toe grant 4 dam OTa^ce ie d aY Fe6Y• asaate bete
Ca ss mad¢ ht to 56"t
3' sharavailablana mamt tion pOT,t d\tio[,s°(t\' f 0. IDI in'l%a tracts, play,tter tl'Y.nanc,a\a a�Teetba e <b 9a,a is a�a the
open floc ed' o a coosanti\ be con ya axchiton S,te 2 °antes, ce axte chepedeen atio Saaies tea\This¢6ass,Bie,ena as so'
°Ons Ot sore,ieativit\es and adee Co'suacap4TO and ass'MA, on the , be levy UP'hva ass"ansierQees o^IPplica^t. t
}t WA ^ga CT
Ten met. mPeteat n at th W\tb tb ¢ports F£ante ° a that ant O( essors,t ras ap4Ot the enis°
4. Jnde4a have be jntain pO,nspect,nnto,ms rogTess loos Tenrance ento,ce, its sJos¢ sB^aoi beha\( ¢[¢gJire of 19�3
BTamts1 vide and m>sjOn aned`vOT. (u,nisybopageaCs with the �udiciad aPP\\ce Sons wa�O[ante aC P°ye base
Aar 31,j9base
iU PTO sops omple t it W \Bran anoe th On th or 4 this sJ,an P,ot emb u,c s
5 18 eng�nae Tthat S catnna, the Fede,a tits in ac 4Tesc,\ms nbenance Pe Dotes to siB^ h the Y°°oa Disaap4tOve�9 j9 cb fesurai9nara\
1nsJ spec anon ¢ foci ed or toe th V,•it e E g95. D(a:c a sJ era\Si an.
t° ns a^a in(o,m sin tl' Te9uir ies ioT \ OmP\9 c( ih Sta4 a stye, Wbex Fed as¢in e
p\a b Oybe[ and me,nt,T,aS be cat agent r Gene:`0 1t wiY n j0213-234 ies.°n anmJ^,t,eei4t of afpOses Sa°lrEmatgt°Sf
s \o pe bt 21. trio w 9 Ji, tom Tee pJ de, siaTds.
It will nm Tstaaetaas st sae;ies. dtbe Comoysa elat¢dgo the Q c\io02tn°Tan¢ditio^ {O'O�ace 9�ec eciaFnOodS rm od>sa'
6' ron" ble Fe nt sacb cY a^ a secs netts T 9¢ ft.Od a CO -,,JcC'on ed b)t aviat s4 odes a^ osidY, indi
a44\ica age' grant
o, Agee entativ or da,J tY,e ^t .sable as(or c°O ide^tit a{eab ce• to Date, so nett or
and^p ¢ ,CPT IS, with Od ova me( been as a^ istan t, re Ot di
¢ the Tiled pap mp\Y s a ista Uas ¢tics, \ ass men JOTm
v o Ks, o co ddinB di. ass that pB nda as et
wi\l BT sorb s bo° Od t BJ gan area stir Sina nce P oth trio,
It b any ¢cord , asiB^ NC On a\\y 19 agem ¢1al soya any t Se
i. teoJ4 a aas I
\\ T o oe d JOT b1a yhYs eFR 101 in. D1ana5e .FedantY infant. °' "Tem¢Otsutan¢¢u,,o
exa `n e taci1, J,cationsble bs Sjed t41conductb`I bs ,9 at, to
ea\oan .g nce reci Othey'sBaynst tea,
grantire th a S4e d }i5a modi JOT \t\cati B is, are . are ins", . any yect TePai,
ptlt regJ Syanda,a to, as)g61. as 0",b\e¢se spec ass aa,al ass ,1yyf the manta T to proyorad,
1tP erican Pacessb\ 111;. {esW,,b th E
a 1s w and eessa d Tes
8 m A i\\ be wjthin C S Obtain an ^e a \ace
FaCj\ities Pumbe\icant pliant¢ maned a4Provjna 2 1t wi\3. g8•d Jate a cb was r p itexibte
Capp tO x.,,,,e COvp act to be am be
na Wi\\sn twit', 2 Yeas°^abp,, Its this ass,s Inc¢ rolects,onrMel, a)\sacs^
actions actor. toe prof 01 noyi6ca roved aomP\etio to an ea With of any ble enviT coT
the aOnt: use `yOT tte T'TeOe,4yfava nos Con Ivy a to c ¢rests t siTJcy ae(eT Jnat eg (avoca aBeT' I, Its
be t¢ n t a tY Uon
It Wine\a rimy tabat c`wp\ be P Xe or Ott,e[,Snt¢rest er. 23. It ws\FEl`1P m ¢cal grant? yo6C eesord at
er �.
9 Tessa sal aB the prose. Yey ,ss ii t FedTc s rue \°n8 us{eQJited..,at the tiQa;,atiaT101,21. Eration PetBtate
Fleas°^ao\C a bgt p5e of auColo f,ng tt'beOT4,ds,owo,cbevt 3 2g6 an en tin 2q. It c ioo 106 °lj6 UH orjc �1y,n6 se t",t nye tigatoy
not ajsP ci\ities bolds p1. 9 83-352e J3,o a Se amend¢CaI and tal c°nnauct °( e\,B`b\¢ace
1t WiY an to ment tton 31 yg4 t4 Lon in thociBin,be PTcheo\oey se°\hp the coked '^t2ces rhos attn
10 the s't the Govefmp,Y. " �tbeopc o\o,t 0 p°e, ebtioBTa^' as' va9ion OtitYa. c¢ptoeyy°'tstd'sry T80061ebWstei�i Tc
,b,ke
Tees to at ah¢ C,v,llaflV1 of°(race,aemed taey any Pmanco' to to idt a\ geSt56 CFK e�cs o'ob a. Of m,It t
/1 TiaoTds ace
on theti01 4aoofoq ^acr\mt"ar'ec ves'PIrn¢aSuTe o^stx a ,at- e(t,,15 �eI v bl Core?Or - s to avoyd
state
(suble<tY tt,e appe\Y tav, 'A PTO Ta tis�is ob\igat¢an9 be then, aed e 6 o) Tae"es. e"On SMel
other W,s toy w g, imm¢n4 1( a o(u ce scIt 4To4 Its of yht aOch P�4 ies°T t Taso(sysa(et oaesc
ex a ,c ed\a any E ha ads• s
CI
pon
yyytany Jaya and
h im4TOv a PPph°ana yl'u 5 cb°thee Fedeaoi"nB tnan oe u1y wi\\, \ic b1eT s�.,tb aa4P\icbel0 unaa ea,
{o
e(fec ded eO d to be
Cason(do[intT WY,ch nT?OSe ,n 25. WithcaltarmitwiY evalk' otata such are Or Joe \,a%
e
sake eta tao(Oinyb`Oper,P ,p io n¢S'be, P tTOm u"Ov. 5n 1a. and, s of th m,tjB
e da s teed n to eki,es'
At 8T'SftJ,e 1s ^s exyenaef,. es oT be hib(t em V,11s\o1s1C a4 a eeS X,es Ss the Driat conS,,Uction Pra
stass",,a^en Ot smiler saePJT&ra(at is t,Ye'SVeow-l"i,bus,^ 111°( o5e aPT na S�A'fE PSSUaPN
I "sso
p tabosh e
It WIY fewon`¢a Ys awe With wh 1e 11 ands t9 Ac9a'd v necessaa,sa
12' the\, 4mot'va u\ay\Y th of 'jit sal ?lope {air eyal to ake an' tha5e
at Cry'Pex ties the ,eq,ove xnce calico PrOa's¢SJ\t Of Fed \ a State agCOMYYanUfefe yes go",
QaibilO'(yh
Oro ompl9 welocationl�g1.64di54\aced toe IF Tam to TecL oT re t es °t assreso
1t wi\\nitotm t 0t,tlg i0 o4'pe[s° s. used bi laW'•Poved i^ %VP\tcae4cjenci
13 thtions At t[eatmesl d P[oBTeQ i[emei QJire�eTeme^8 as ame IPVnatd D"ec<o[.
se4J,FedeTaIxs'a`sw- a4yn8 aPet'at\,atjye Te4Y 93.28
}ta`vil\ caorliAs
b^cs tIts
d Other adca\e,
1
4 va^toements,eti ON'8 ftCagJ\atio
lean[ ante w, o (letat
area app\icab\e
and
APPLICANT ASSURANCES
The Applicant hereby assures and certifies that he will comply with the FEMA regulations,policies,guidelines,and requirements including
OMB's Circulars No. A-95 and A-102,and FMC 74-4,as they relate to the application,acceptance and use of Federal funds for this Federally-
assisted project. Also,the Applicant gives assurance and certifies with respect to and as a condition for the grant that:
I. It possesses legal authority to apply for the grant,and to finance 15. It will comply with the provisions of the Hatch Act which limit
and construct the proposed facilities;that a resolution,motion or the political activity of employees.
similar action has been duly adopted or passed as an official act
of the applicant's governing body, authorizing the filing of the 16. It will comply with the minimum wage and maximum hours
application,including all understandings and assurances contained provisions of the Federal Fair Labor Standards Act,as they apply to
therein, and directing and authorizing the person identified as the hospital and educational institution employees of State and
official representative of the applicant to act in connection with local governments.
the application and to provide such additional information m
may be required. 17. (To the best of his knowledge and belief)the disaster relief work
described on each Federal Emergency Management Agency
2. It will comply with the provisions of: Executive Order 11988, (FEMA) Project Application for which Federal Financial as-
relating to Floodplain Management and Executive Order 11990, sistance is requested is eligible in accordance with the criteria
relating to Protection of Wetlands. contained in 44 Code of Federal Regulations, Part 205, and
3. It will have sufficient funds available to meet the non-Federal applicable FEMA Handbooks.
share of the cost for construction projects. Sufficient funds will 18. The emergency or disaster relief work therein described for
be available when construction is completed to assure effective which Federal Assistance is requested hereunder does not or
operation and maintenance of the facility for the purpose will not duplicate benefits received for the same loss from
constructed. another source.
4. It will not enter into a construction contract(s)for the project or 19. It will (1) provide without cost to the United States all lands,
undertake other activities until the conditions of the grant pro- easements and rights-of-way necessary for accomplishment of the
gram(s)have been met. approved work; (2) hold and save the United States free from
5. It will provide and maintain competent and adequate architectur damages due to the approved work or Federal funding.
al engineering supervision and inspection at the construction site 20. This assurance is given in consideration of and for the purpose of
to insure that the completed work conforms with the approved obtaining any and all Federal grants,loans, reimbursements, ad.
plans and specifications;that it will furnish progress reports and vances, contracts, property, discounts of other Federal financial
such other information as the Federal grantor agency may assistance extended after the date hereof to the Applicant by
FEMA, that such Federal Financial assistance will be extended in
6. It will operate and maintain the facility in accordance with the reliance on the representations and agreements made in this as-
minimum standards as may be required or prescribed by the surance and that the United States shall have the right to seek
applicable Federal, State and local agencies for the maintenance judicial enforcement of this assurance. This assurance is binding
and operation of such facilities. on the applicant,its successors,transferees,and assignees,and the
person or persons whose signatures appear on the reverse as au-
7. It will give the grantor agency and the Comptroller General, thorized to sign this assurance on behalf of the applicant.
through any authorized representative, access to and the right to
examine all records, books, papers, or documents related to the 21. It will comply with the flood insurance purchase requirements of
grant. Section 102(a) of the Flood Disaster Protection Act of 1973,
8. It will require the facility is be designed to comply with the Public IA. 93-234, 87 Stat. 975, approved December 31, 1973.
Section 102(a)requires,on and after March 2, 1975,the purchase
"American Standard Specifications for Making Buildings and of flood insurance in communities where such insurance is
Facilities Accessible to, and Usable by the Physically Handi- available as a condition for the receipt of any Federal financial
capped," Number A117.1-1961, as modified (41 CFR 101.1 7- assistance for construction or acquisition purposes for use in any
70311. The applicant will be responsible for conducting in- area that has been identified by the Director,Federal Emergency
spections to insure compliance with these specifications by Management Agency as an area having special flood hazards.The
the contractor. phrase "Federal financial assistance" includes any form of loan,
grant, guaranty, insurance payment, rebate, subsidy, disaster
9. It will cause work on the project to be commenced within a assistance loan or grant, or any other form of direct or indirect
reasonable time after receipt of notification from the approving Federal assistance.
Federal agency that funds have been approved and will see that
work on the project will be prosecuted to completion with 22. It will comply with the insurance requirements of Section 314,
reasonable diligence. PL 93.288, to obtain and maintain any other insurance as may be
reasonable,adequate,and necessary to protect against further loss
10. It will not dispose of or encumber its title or other interests in to any property which was replaced, restored, repaired, or con-
the site and facilities during the period of Federal interest or structed with this assistance.
while the Government holds bonds, whichever is the longer.
23. It will defer funding of any projects involving flexible funding
11. It agrees to comply with Section 311, P.L. 93-288 and with until FEMA makes a favorable environmental clearance, if this
Title VI of the Civil Rights Act of 1964 (P.L. 83-352) and in is required.
accordance with Title VI of the Act, no person in the United
States'shall, on the ground of race, color, or national origin, be 24. It will assist the Federal grantor agency in its compliance with
excluded from participation in, be denied the benefits of, or be Section 106 of the National Historic Preservation Act of 1966,
otherwise subjected to discrimination under any program or as amended, (I6 U.S.0 470), Executive Order 11593, and the
activity for which the applicant receives Federal financial as- Archeological and Historic Preservation Act of 1966 (16 U.S.C.
sistance and will immediately take any measures necessary to 469a-1 et seq.) by (a) consulting with the State Historic Preser-
effectuate this agreement. If any real property or structure is vation Officer on the conduct of investigations, as necessary,
provided or improved with the aid of Federal financial assist- to identify properties listed in or eligible for inclusion in the
ance extended to the Applicant, this assurance shall obligate the National Register of Historic places that are subject to adverse
Applicant, or in the case of any transfer of such property, anv effects (see 36 CFR Part 800.8) by the activity, and notifying
transferee, for the period during which the real property or the Federal grantor agency of the existence of any such proper-
structure is used for a purpose for which the Federal financial ties, and by (b) complying with all requirements established by
assistance is extended or for another purpose involving the the Federal grantor agency to avoid or mitigate adverse effects
provision of similar services or benefits. upon such properties.
12. It will establish safeguards to prohibit employees from using 25. It will, for any repairs or construction financed herewith, comply
their positions for a purpose that is or gives the appearance of with applicable standards of safety, decency and sanitation and
being motivated by a desire for private gain for themselves or in conformity with applicable codes, specifications and star.
others, particularly those with whom they have family,business, dards; and, will evaluate the natural hazards in areas in which
or other ties. the proceeds of the grant or loan are to be used and take ap-
propriate action to mitigate such hazards, including safe land
13. It will comply with the requirements of Title II and Title III of use and construction practices.
the Uniform Relocation Assistance and Real Property Acqui-
sitions 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. STATE ASSURANCES
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
e The State agrees is take any necessary action within State capabilities
q pproved in to require compliance with these assurances and agreements bythe
accordance with OMB Circular A-302, P. 93.288 as amended, applicant or to assume responsibility to the Federal governmentnt for
and applicable Federal Regulations. any deficiencies not resolved to the satisfaction of the Regional
Director.
APPLICANT ASSURANCES
The Applicant hereby assures and certifies that he will comply with the FEMA regulations,policies,guidelines,and requirements including
OMB's Circulars No. A-95 and A-102,and FMC 74.4,as they relate to the application,acceptance and use of Federal funds for this Federally.
assisted project. Also,the Applicant gives assurance and certifies with respect to and as a condition for the grant that:
I. It possesses legal authority to apply for the grant,and to finance 15, It will comply with the provisions of the Hatch Act which limit
and construct the proposed facilities;that a resolution,motion or the political activity of employees.
similar action has been duly adopted or passed as an official act
of the applicant's governing body, authorizing the filing of the 16. It will comply with the minimum wage and maximum hours
application,including all understandings and assurances contained provisions of the Federal Fair Labor Standards Act,as they apply to
therein, and directing and authorizing the person identified as the hospital and educational institution employees of State and
official representative of the applicant to act in connection with local governments.
the application and to provide such additional information as
may be required. 17. (To the best of his knowledge and belief)the disaster relief work
described on each Federal Emergency Management Agency
2. It will comply with the provisions of: Executive Order 11988, (FEMA) Project Application for which Federal Financial as-
relating to Floodplain Management and Executive Order 11990, sistance is requested is eligible in accordance with the criteria
relating to Protection of Wetlands. contained in 44 Code of Federal Regulations, Part 205, and
3. It will have sufficient funds available to meet the non-Federal applicable FEMA Handbooks.
share of the cost for construction projects. Sufficient funds will 18. The emergency or disaster relief work therein described for
be available when construction is completed to assure effective which Federal Assistance is requested hereunder does not or
operation and maintenance of the facility for the purpose will not duplicate benefits received for the same loss from
constructed. another source.
4. It will not enter into a construction contract(s)for the project or 19. It will (1) provide without cost to the United States all lands,
undertake other activities until the conditions of the grant pro. easements and rights-of-way necessary for accomplishment of the
gram(s)have been met. approved work; (2) hold and save the United States free from
5. It will provide and maintain competent and adequate amhitectur damages due to the approved work or Federal funding.
al engineering supervision and inspection at the construction site 20. This assurance is given in consideration of and for the purpose of
to insure that the completed work conforms with the approved obtaining any and all Federal grants, loans, reimbursements, ad-
plans and specifications;that it will furnish progress reports and vances, contracts, property, discounts of other Federal financial
such other information as the Federal grantor agency may assistance extended after the date hereof to the Applicant by
FEMA, that such Federal Financial assistance will be extended in
6. It will operate and maintain the facility in accordance with the reliance on the representations and agreements made in this as-
minimum standards as may be required or prescribed by the surance and that the United States shall have the right to seek
applicable Federal, State and local agencies for the maintenance judicial enforcement of this assurance. This assurance is binding
and operation of such facilities. on the applicant,its successors,transferees,and assignees,and the
7. It will ivy the agency p person or persons whose signatures appear on the reverse as au-
g grantor a enc y and the Comptroller General, thorized to sign this assurance on behalf of the applicant.
through any authorized representative, access to and the right to
ex amine all records, books, papersa . , or documents related to the 21. It will comply with the flood insurance purchase requirements of
Section 102(a) of the Flood Disaster Protection Act of 1973,
8. It will require the facility to be designed to comply with the Public Law 93-234, 87 Stat. 975, approved December 31, 1973.
"American Standard S Section 102(a)requires,on and after March 2, 1975,the purchase
Specifications for Making Buildings and of flood insurance in communities where such insurance is
Facilities Accessible to, and Usable by the Physically Handi- available as a condition for the receipt of any Federal financial
capped," Number A117.1-1961, as modified (41 CFR 101-17- assistance for construction or acquisition purposes for use in any
7031). The applicant will be responsible for conducting in- area that has been identified by the Director, Federal Emergency
spections to insure compliance with these specifications by Management Agency as an area having special flood hazards.The
the contractor. phrase "Federal financial assistance" includes any form of loan,
grant, guaranty, insurance payment, rebate, subsidy, disaster
9. It will cause work on the project to be commenced within a assistance loan or grant, or any other form of direct or indirect
reasonable time after receipt of notification from the approving Federal assistance.
Federal agency that funds have been approved and will see that
work on the project will be prosecuted to completion with 22. It will comply with the insurance requirements of Section 314,
reasonable diligence. PL 93.288, to obtain and maintain any other insurance as may be
reasonable,adeate,and
loss
10. It will not dispose of or encumber its title or other interests in to any prope ty which wascect replaced,essary res against
repaired, orrcon the site and facilities during the period of Federal interest or structed with this assistance.
while the Government holds bonds, whichever is the longer.
23. It will defer funding of any projects involving flexible funding
11. It agrees to comply with Section 311, P.L. 93-288 and with until FEMA makes a favorable environmental clearance, if this
Title VI of the Civil Rights Act of 1964 (P.L. 83-352) and in is required,
accordance with Title VI of the Act, no person in the United
States shall, on the ground of race, color, or national origin, be 24. It will assist the Federal grantor agency in its compliance with
excluded from participation in, be denied the benefits of, or be Section 106 of the National Historic Preservation Act of 1966,
otherwise subjected to discrimination under any program or as amended, (16 U.S.0 470), Executive Order 11593, and the
activity for which the applicant receives Federal financial as- Archeological and Historic Preservation Act of 1966 (16 U.S.C.
sistance and will immediately take any measures necessary to 469a-1 at seq.) by (a) consulting with the State Historic Preser-
effectuate this agreement. If any real property or structure is vation Officer on the conduct of investigations, as necessary,
provided or improved with the aid of Federal financial assist. to identify properties listed in or eligible for inclusion in the
ance extended to the Applicant, this assurance shall obligate the National Register of Historic places that are subject to adverse
Applicant, or in the case of any transfer of such property, any effects (see 36 CFR Part 800.8) by the activity, and notifying
transferee, for the period during which the real property or the Federal grantor agency of the existence of any such proper-
structure is used for a purpose for which the Federal financial ties, and by (b) complying with all requirements established by
assistance is extended or for another purpose involving the the Federal grantor agency to avoid or mitigate adverse effects
provision of similar services or benefits. upon such properties.
12. It will establish safeguards to prohibit employees from using 25. It will, for any repairs or construction financed herewith, comply
their positions for a purpose that is or gives the appearance of with applicable standards of safety, decency and sanitation and
being motivated by a desire for private gain for themselves or in conformity with applicable codes, specifications and stan.
others, particularly those with whom they have family, business, dards; and, will evaluate the natural hazards in areas in which
or other ties. the proceeds of the grant or loan are to be used and take ap-
propriate action to mitigate such hazards, including safe land
13. It will comply with the requirements of Title II and Title III of use and construction practices.
the Uniform Relocation Assistance and Real Property Acqui-
sitions Act of 1970 (RL 91.646) which provides for fair and
equitable treatment of.persons displaced as a result of Federal
and Federally-assisted programs. STATE ASSURANCES
14. It will comply with all requirements imposed by the Federal
grantor agency concerning special requirements of law, program The State agrees to take any necessary action within State capabilities
requirements, and other administrative requirements approved in to require compliance with these assurances and agreements by the
accordance with OMB Circular A-102, P.L 93-288 as amended, applicant or to assume responsibility to the Federal government for
and applicable Federal Regulations. any deficiencies not resolved to the satisfaction of the Regional
Director.