Res 2705 1/16/1981RESOLUTION NO. 05 //5
RESOLUTION DFSIG`1ATING TIC GOVERNOR'S
AUTHORIZED ICPRESMIATIVE AS APPLICANT'S
AGENT
BE IT RESOLVED BY TIE BOARD OF ALI REN OF 'IHE CITY OF
WICIETA FALLS, m , ITiAT:
Stuart A. Bath, Governor's Authorized P presentative, is
hereby authorized to execute for and on behalf of the City
of Wichita Falls, a public entity established under the laws
of the State of Texas, a project application, and any supplements
thereto and to file same in the appropriate State Office for the
purpose of obtaining certain Federal financial assistance under
the Disaster Relief Act ( Public Law 288, 93rd Congress) , or
otherwise available from the President's Disaster Relief Fund.
The City of Wichita Falls, a public entity established under
the laws of the State of Texas, hereby authorizes its agent to
provide to the State and to the Federal Emergency Management
Agency (FrEMA) for all natters pertaining to such Federal disaster
assistance the assurances and agreements contained in the exhibit
attached hereto.
PASSE AND APPROVED this d. day of January, 1981.
MAYOR
o+T:
City erk
Page 2 of 4
Agenda No. 5. a.
e
x
EXHIBIT
ASSURANCES
A. The State agrees to take necessary action within State capabilities to requirecompliancewiththeseassurancesbytheapplicantortoassumeresponsibility to
the Federal government for any deficiencies not resolved to the satisfaction of
the Regional Director.
The Applicant Certifies:
B. That (to the best of his knowledge and belief) the disaster relief work described
on each Federal Disaster Assistance Administration (FDAA) Project App
for which Federal financial assistance is requested is eligible in accordance
with the criteria contained in 24 Code of Federal Regulations, and FDAA (HUD)
Handbooks.
C. That it is the legal entity responsible under law for the performance of the
work detailed or accepts such responsiblity.
D. That the emergency or disaster relief work therein described for which Federalassistanceisrequestedhereunderdoesnotorwillnotduplicatebenefits
received for the same loss from another source.
E» That all information given by it herein is, to the best of its knowledge and
belief, true and correct.
F. That all financial assistance received under this application will be, or has
been, expended in accordance with applicable law and regulations thereunder.
The Applicant Agrees:
G. To (1) provide without cost to the United States all lands, easements, and
rights-of-way necessary for accomplishment of the approved
ed
work; (2) hold
rand
save the United States free from damages due to the app
funding.
H. To comply with Title VI of the Civil Rights Act of 1964 (PL 88-352) and all
requirements imposed by the Federal Disaster Assistance Administration pursu-
ant to that Title to the end that, in accordance with Title VI of that Act
and the Regulation, no person in the United States shall, on the ground of
race, color, religion, nationality, sex, age, or economic status, 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 receivedFederalfinancialassistancefromtheAgencyandHEREBYGIVESASSURANCETHAT
it will immediately take any measures necessary to effectuate this agreement.
I. That if any real ,property or structure thereon is provided or improved withtheaidofFederalfinancialassistanceextendedtotheApplicantbythe
Federal Disaster Assistance Administration, 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 pur-
pose for which the Federal financial assistance is extended or for another
1 purpose involving the provision of similar services or benefits. If any per-
sonal property is so provided, this assurance shall obligate the Applicant
for the period during which it retains ownership or possession of the property.
In all other cases, this assurance shall obligate the Applicant for the period
c;.,anrial assistance is extended to it by FDAA.
I
J. That the assurance is given in consideration of and for the purpose of obtaining
any and all Federal grants, loans, reimbursements, advances, contracts, property,
discounts or other Federal financial assistance extended after the date hereof
to the Applicant by FDAA, that such Federal financial assistance will be extended
in reliance on the representations and agreements made in this assurance and
that the United States shall have the right to seek judicial enforcement of this
assurance. This assurance is binding on the Applicant, its successors, transferees,
and assigness, and the person or persons whose signatures appear on the reverse
are authorized to sign this assurance on behalf of the Applicant.
K. To obtain and maintain any flood insurance as may be required for the life of
the project(s) for which Federal financial assistance for acquisition or con-
struction purposes for buildings or mobile homes was provided herein; and, to
obtain and maintain any other insurance as may be reasonable, adequate and
necessary to protect against further loss to any property which was replaced,
restored, repaired or constructed with this assistance.
L. That, as a condition for the grant, any repairs or construction financed herewith,
shall be in accordance with applicable standards of safety, decency and sanita-
tion and in conformity with applicable codes, specifications and standards; and,
to evaluate the natural hazards in areas in which the proceeds of the grant or
loan are to be used and take appropriate action to mitigate such standards, in-
cluding safe land use and construction practices.
M. To defer funding of any projects involving flexible funding under Section 402
or Section 419 until FDAA makes a favorable environmental clearance determination,
if this is required.
Page 4 of 4
Agenda No. 5. a.
HUD-490.1 (6-77)