Res 2355 6/19/1979RESOLUTION NO. ,gl.S
DESIGNATION OF CITY OF WICHITA FALLS, TEXAS
AUTHORIZED REPRESENTATIVE AS AGENT IN OBTAIN-
ING FEDERAL DISASTER ASSISTANCE UNDER PUBLIC
LAW 288, 93rd CONGRESS.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT Gerald G. Fox, City Manager, is hereby authorized to execute
for and in behalf of the City of Wichita Falls, a public entity established under the laws
of the State of Texas, project applications and to file them in the appropriate State office
for the purpose of obtaining certain Federal financial assistance under the Disaster Re-
lief Act (Public Law 288, 93rd Congress) or otherwise available from the President's
Disaster Relief Fund.
THAT 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
Disaster Assistance Administration (FDAA), Department of Housing and Urban Develop-
ment (HUD) for all matters pertaining to such Federal disaster assistance the assur-
ances and agreements attached hereto.
THAT Resolution 2330 is hereby repealed.
PASSED AND APPROVED THIS /7 day of June, 1979.
MAYOR
ATTEST:
CITY CLERK
ASSURANCES
A. The State agrees to take necessary action within State capabilities to require
compliance with these assurances by the applicant or to assume responsibility
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 Application
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 responsibility.
D. That the emergency or disaster relief work therein described for which Federal
assistance is requested hereunder does not or will not duplicate benefits 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 work; (2) hold and save the
United States free from damages due to the approved work or Federal funding.
H. To comply with Title VI of the Civil Rights Act of 1964 (PL 88-352) and all require-
ments imposed by the Federal Disaster Assistance Administration pursuant 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, national-
ity, 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 ac-
tivity for which the Applicant received Federal financial assistance from the Agency
and HEREBY GIVES ASSURANCE THAT it will immediately take any measures nec-
essary to effectuate this agreement.
That if any real property or structure thereon is provided or improved with the aid
of Federal financial assistance extended to the Applicant by the 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 purpose for which the Federal financial
assistance is extended or for any purpose involving the provision of similar ser-
vices or benefits. If any personal property is so provided, this assurance shall
obligate the Applicant for the period during which it retains ownership or possess-
ion of the property. In all other cases, this assurance shall obligate the Applicant
for the period during which the Federal financial assistance is extended to it by
FDAA.
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 re-
liance 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 attached
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 construction
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, re-
paired 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 sanitation
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, including
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.
2-
r
CERTIFICATION
I, Wilma J. Thomas, duly appointed and City Clerk of the City of Wichita Falls,
Texas, do hereby certify that the above is a true and correct copy of a resolution
passed and approved by the Board of Aldermen of the City of Wichita Falls, Texas
on the day of June, 1979.
DATE:
City Clerk
Official Position)Signature)