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Home My WebLink About5052r�J RESOLUTION NO. 5052 A RESOLUTION APPROVING AN APPLICATION TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR URBAN DEVELOPMENT ACTION GRANT FUNDING, AUTHORIZING THE CITY MANAGER TO EXECUTE AND SUBMIT SAME AND TO ACCEPT FUNDING ON BEHALF OF THE CITY OF PUEBLO IF APPROVED, AND DESIGNATING THE CITY MANAGER AS THE CITY'S REPRESENTATIVE TO ACT IN CONNECTION WITH THE APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. The Application to the Department of Housing and Urban Development for Urban Development Action Grant funding, a copy of which is attached hereto and made a part hereof by reference, including all the understand- ings and assurances contained therein, is hereby approved and the City Manager of the City of Pueblo be and he hereby is authorized to execute and submit said Application on behalf of the City. The City Manager is hereby designated as the City's representative to act in connection with the Application, to provide such additional information as may be required, and, if the Application is approved, to accept on behalf of the City said Urban Development Action Grant funding. INTRODUCED October 25 , 1982 BY ISAAC C. DURAN COUNCILMAN APPROVED: PRESIDENT OF THE COUNCIL ' ATTEST: r Y G&ERK 37 -gym UVRI MM line Applicant hereoy assures and certifies that: 1. Prior to sutmission of its application, it teas met the citizen participation requirements of Section 57U.454(a) and has made the impact analysis required by Section 576.454(b). 2. the private development would not occur unless the public funding on which the development is based becares available, in the opinion of the chief executive officer. 3. 1r.e action grant funds will not substitute for local public funds which are available for the project described in the action grant application. 4. it possesses legal authority to apply for the grant and to execute the proposed program. 5. Its governing bray has duly adopted or passed as an ptficial act, a resolution, motion or similar action authorizing the filing of the application, including all urxaerstanaings and assurances contained therein, and directing and auti,oriz- ing the person iaentitied as the official representative of the applicant to act in connection with the application ana to provide such additional information as may ne required. 6. Its chief executive officer or other officer of the applicant approved by huL: (A) Consents to assume the status of a responsi ile Federal official for environmental review, decision making and action pursuant to the National Environmental Policy Act of 1969, and the other authorities listed in 24 CER 58.1(a)(3) insofar as the provisions of such Act or other authorities apply to this part; (E) is authorized and consents on behalf of tt)e applicant aria himself/ herself to accept the jurisdiction of the Feaeral courts for the purpose of enforcement of his /her responsibilities as such official. 7. It will canply with the requirements for historic preservation iaentirication aria review set forth in Section lU6 of the National historic Preservation Act of 1566 (16 U.S.C. 470), Executive Order 11553, and the Archeological ana historic Preservation Act of 1574 (16 U.S.C. 4b5a, et seq.), regulations of the Advisory Council on historic Preservation at 36 CFR bUl, and any other regulations promulgated pursuant to Section 121 of the housing and Camnunity Levelopment Act of 1574, as amended. 38 b. It has i.dentif iea all properties, it any, which are includea on the National Register of historic Places and which as determined by the applicant, will tie affected by the project; it has identified all other properties, if any, wnich will be affected by the pro3ect ana which, as aetermined dy the appli- cant, may meet the criteria established by the Secretary of Interior for inclusion in tr.e Register, together with the documentation relating to the inclusion of such properties on the Register; and it has aetermined the effect as determines by the applicant, of the project on the identified properties. 9. it will comply with: (A) Title VI of ttie cavil Rights Act of 1964 (Pub. L.8b -352), and implementing regulations issuea at (24 CeR Part 1), which provides that no person in the Unitea States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits ot, or be otherwise sub3ectea to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take measures necessary to effectuate this assurance. (b) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90 -284), as amended, administering all programs and activities relat- ing to housing and community development in a manner to affirmatively further fair housing; and will take action to att irmatively further fair housing. (C) Section 109 of the Housing and community Development Act of 1974, as amended; and the regulations issued pursuant thereto (24 CF'R 570.601), which provide that no person in the Unitea States shall, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or tie subjected to aiscrim- ination under, any program or activity funned in whole or in part with funds provided under 24 CFR Part 570. (D) Section 3 of the housing and Urban L'evelopment Act of 196b, as amended, ana implementing regulations at 24 Ck R Part 135, requiring that to the greatest extent feasible, opportunities for training and employment be given to lower - incase residents of the project area ana contracts for work in connection with the pro3ect be awarded to eligible business concerns which are located in, or owned in substantial part by, persons residing in the area of the project. r 39 Lxecutive Order 11246, as amended by Lxecutive Orders 11375 and 120H and implementing regulations issued at 41 CFk Chapter 60, which provides that no person shall tie discriminated against on the oasis of race, color, religion, sex, or national origin in all phases of employment during the performance of r'ederal or teoerally assisted construction contracts. (F') Executive order 11063, and implementing regulations at 24 CFR Part 107, on equal opportunity in housing and non-discrimina- tion on the sale or rental of housing built with Federal assistance. (G) Section 504 of the Rehabilitation Act of 1973, as amended, (Pub. L. 93 -112) and implementing regulations when published for effect. Section 504 prov ices that no qualified handicapped person shall, on the basis of handicap, de excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimina- tion under any program or activity which receives or benefits from Federal financial assistance. (h) The Age Discrimination Act ct 1975, as amended, (Pub. L. 54 -135) and implementing regulations (when published for effect); (1) The relocation requirements of Title 11 and the acquisition requirements of Title II1 of the uniform Relocation Assistance ana Real Property Acquisition Policies Act of 1970, implementing regulations at 24 C:FR Part 42, and the special provisions of Section 570.457 concerning the relocation of residential tenants not covered by the Lniform Act; (J) The labor standards requirements as set forth in Section 570.605 and hUb regulations issued to implement such requirements; (R) Itie tlood insurance purchase requirements of Section IU2(a) or the Flood Lisaster Protection Act of 1973, (Pub. L. 93 -234); (L) The regulations, policies, guidelines and requirements of uMB Circular Nos. A -102, Revised and A -87 as tt,ey relate to the acceptance and use of Federal funds under this Part; (M) All requirements imposed Ly HUD concerning special requirements of law, program requirements and other acministrative requirements approved in accordance with UN,B Circular No. A -102, Revised. h S 40 lU. It will establish safeguards to prohibit employees from using 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 wham they have family, business, or other ties. 11. It will comply with the provisions of the hatch Act whicn limits the political activity of employees. 12. It will give hUD and the Canptroller General through any authorized representa- tives, access to and the right to examine all records, books, papers, or documents related to the grant. 13. it will insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the program are not listed on the Environmental Puotection Agency's (EPA) list of Violating Facilities and that it will notify hUD of the receipt of any communication from the Uirector of LPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 14. It will not, in carrying out the project, discriminate against any employee because of race, color, religion, sex, handicap, or national origin. It will take affirmative action to insure that applicants for employment are employed, and that e;ml.loyees are treated curing employment, without regard to their race, color, religion, sex, handicap, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer; recruitment or recruitment auvertisi.ng; layoff or termination; rates of pay or other forms of compensation; ana selection for training, including apprenticeship. The applicant shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by hUD setting forth the provisions of this non -dis- crimination clause. the applicant will in all solicitations or aavertise- ments for employees places by or on behalf of the applicant state that all rualif iea applicants will receive consideration for employment without regara to race, color, religion, sex, handicap or national origin. 1 1he applicant will incorporate the foregoing requirements of this paragraph in all of its contracts for project work, except contracts for standara cc mercial supplies or raw materials or contracts covered under 24 CFR Part 570 subsection (c)(14)(ix)(E:), and will require all of its contracts for such work to incorporate such requirements in all subcontracts for work done with tunas provided under 24 CFR Part 570. 15. It certifies that it has not knowingly and willfully made or used a document or writing containing any false, fictitious, or fraudulent statement or entry. 18 U.S.C. 1001 provides that whoever does so within the jurisdiction of any aepartment or agency of the United States shall be fined not more than 510,00u or imprisoned for not more than rive years, or both. Signature Zitle Date *Note: A separate set of Assurances for Indians Iribes will be issued in the near futui d[41 ApPItrtl N► I0�411 ORGANIIATTON.LL UNIT Sa ADORM SL ACT10N TAKEN j 13 a mm "O C) ► KIM C) . IE711110 [S me tllll 114111 T p a paaR' • �TTISIAIwS s F'�lRAL AGOtCt A•M ACT10N a1wo1 AD611WSTRATIVE OfF10E I • FE1I[RAL APPLICATION IOSNT If ICA T 10 N M PEOSRAI GRANT INXT1FICA1I0N SL FUNDING I Few aces" der I Sc year wwul Aar SS. ACTIO W Y O. I1 "ATE - If ML COIITACT iOR ADORIONAL 1NFORt114 M, Yoe, W . •,d* T10N tow Nef ulgb.e +ewwb.l /YNYf1 V. Ssb"KS ...INI. .. 1. tea A v a M IwYe{ torn slow. at r■M n■Iwl bft depiedilhumass tow as ► ASKSAL 1129M AS En IC1AL word. r son Now YII eee tt tIr at■ Iltleluh d AR 1. OU tato A-ft. toque mW W�1�e tr.l r la+ 19119 ■ a t■wb -Continued on Page 2, Note 1, Section 4. ^"WPM" be FEDERAL ASSISTANCE a APPU. • emus L m . SM KII - - - - err[re AAI 82- L MR to lecNTl —_ /A L TM ❑ WtPMUTM 1 L DAYS r asp watt, Mr ACTION ❑ AMICATWN " 9900111 It 95 1 U MIS Wlcr[p 1� (N«�tw•e► ❑ EIOVICATION a WTW (OK) Lesaw ctel rVor OT 1t0(JNlll ACTION 06.4 ♦ LEGAL APPLICANT /IILCIPILNT S. FSDEAAL 90PLOVE0 IOEAITWICATION NO 84- 600615W a Awhom Rete City of Pueblo, Colorado a n o t. w w[t 1 1 4I ! L412_jt) r. Swel■tNe Ue lt a 111tel/►.D. M PO Box 1427 6. Tm1 Urban Development �. ae Pueblo a f all, : Pueblo GRAM �, Colorado iElrwr 81002 ,e AcCion Grant '• 60 " Pell— ' 10110114 • Fred E. Wei sbrod (303) 545 -0561 a UbPA~ Ne.l P. TMU AND DESCRIPTION Of APPLICANT'S PROJLCT Cand I s Tort i 1 la a TYPE OF APPLICANT/AECIPIENT Factory PlQnt Expan sion -Candy s Tortilla Factory $.$we M.twnatwlly Ao.an Mealy o4ow+La�� FS Inc. will Increase its resent manufacturin g / facility by feet. AWS-.• c 1■ 1 cs.rrilr>: processing ,200 square This e.�er new construction will expand the current proces % w " »w 0`1~ sin g area of 8,000 feet to 13,200 square feet. ""`�"' ` few • "�� D � °t � 1. "� Q The increased square footage will acccommodate an 1• TYPE OF ASSISTANCE add i t i ona 1 2 corn process i ng 1 1 nes , 2 fried goods processing 1 ines, & 1 flour processing 1 ine. The A'a''`Gnat S-I.emn want capacity will increase finished g ood - P P Y 9 6 ' w .9wt/. Lwlrle/ it AREA OF P*OJECT IIAPACT jNteese e! eu,o. easom . IL E1TI IIATED MUM It TYPE Of APPLICATION ptel�. easel r j O TI G RSONS A-M" ii.W.n S.i.A...4tw City and County of Pueblo, Colo. 12,000 /' p " 1eYd ' ~ OWr spiwesriets UUer LLJA IL PROPOSED EUNDINC 14 CONORCU1001AL DISTRICTS OF: IL TYPE Of CHANGE IFw Us w sw A - lummr DO F -Olh.r I89NJr r -Dow"" SNUn a Pot" ZOO ,000 ./M •. Nftlt T ► VIDACT .a rd of Colo. rd of Colo. a� ° u :e. N/A r. APFLIWrt; / Aiwer err•u- �� a STATE la PROJECT START DATE r shed"da II. PROJECT DURAT10N t. WAL S/ ISA I YwtA. prim" W119 a OTII[ 8 00, 000 . SI It ESTIMATE leer wcA der IS. &M ISTING VLDEJL R AL IDENTIFICATION NU TT O L MAL .SO FEDERAL A"NCV 111- IS 82 10 99 SL FQILAAI AD[NCT TO RSLEIV[ ASQUEST (Nt1sise. Ctla stab. Sit ON&) S1. REMARKS ADDED Dept. of Housing & Urban Develo meet, Washington, D.C, 2041 KI Vag p 140 SS. r. Is wo 1 q kwAdo Mt 11111, 0 WN b 1111110 C/we41 A-Is Wk 4W. "IIM a■ w W"lled weM■ Me to No .@. R +.Mrs bM , : 616 we att111eee %MGM. • GOPWMN UWI* etl ell feeWtrn M tMtMt 4 1111'. 9 . WsAeA TNS III" Mt N1/eet. as bw■set v Iteee APPLICANT MIII o~ud q Se &MM1119 IM M 11) 0 13 CERTIFIES Me NN1a st M rr tWkW will ■ 09 b" n IM MEW Cl ❑ TH ATto dO as r downier. M N/A twee a "Frond. ❑ ❑ !L t. TT ►1D %UK AN TITU ► SKIAIATYS[ a MATE NoRID C[RTI FYING Fred E. Wei sbrod rag• ■w.0 dew STATIVE SII I C i t y Manager 19 82 10 26 M ASENCY NAY[ O year ■w/► Aq RECEIV[D 11 ORGANIIATTON.LL UNIT Sa ADORM SL ACT10N TAKEN j 13 a mm "O C) ► KIM C) . IE711110 [S me tllll 114111 T p a paaR' • �TTISIAIwS s F'�lRAL AGOtCt A•M ACT10N a1wo1 AD611WSTRATIVE OfF10E I • FE1I[RAL APPLICATION IOSNT If ICA T 10 N M PEOSRAI GRANT INXT1FICA1I0N SL FUNDING I Few aces" der I Sc year wwul Aar SS. ACTIO W Y O. I1 "ATE - If ML COIITACT iOR ADORIONAL 1NFORt114 M, Yoe, W . •,d* T10N tow Nef ulgb.e +ewwb.l /YNYf1 V. Ssb"KS ...INI. .. 1. tea A v a M IwYe{ torn slow. at r■M n■Iwl bft depiedilhumass tow as ► ASKSAL 1129M AS En IC1AL word. r son Now YII eee tt tIr at■ Iltleluh d AR 1. OU tato A-ft. toque mW W�1�e tr.l r la+ 19119 ■ a t■wb -Continued on Page 2, Note 1, Section 4. ^"WPM" be SECTION IV— REMARKS (Please reference the proper item number from Sections 1,11 or 111, it applicable) 7. Title and Description of Applicant's Project (Note 1 - Section I - 7 Continued): produced per week by 489,000 pounds. The expansion will enable Candy's to produce 933,000 pounds of finished product per week. Manpower levels will increase by 175 workers, generating close to $2,000,000 in new wages for the community. In addition, the expansion will necessitate acquisition of land adjacent to current facilities and property. Due to the increased production, their warehouse space, cooling /freezer capacities along with over the road vehicles will have to be enlarged and expanded. STANDARD FORM 424 PAGE 2 (14 -71B