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R11-0291 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION R11- D o� i A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE ADOPTION OF THE CITY OF BOYNTON BEACH'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUBSTANTIAL PLAN AMENDMENT TO FACILITATE ACCEPTANCE OF NSP -3 FUNDING; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Neighborhood Stabilization Program (NSP -3) allows entitlement communities to purchase eligible properties that must be located in areas of greatest need based upon the number of homes in foreclosure, number of homes with subprime mortgages and areas likely to rise in foreclosure; and WHEREAS, City staff has been notified that it has been given an additional allocation of funds under Section 2301(B) of the Housing and Economic Recovery Act of 2008, as amended; and WHEREAS, upon the recommendation of staff, the City Commission deems it to be in the best interests of the citizens and residents of the City of Boynton Beach to approve the adoption of the City of Boynton Beach's Community Development Block Grant (CDBG) Substantial Plan Amendment to facilitate acceptance of NSP -3 funding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are true and correct and are hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby S \CA \RESO \Reso - CDBG Plan amendment NSR3 02151 Ldoc 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 approves the adoption of the City of Boynton Beach's Community Development Block Grant (CDBG) Substantial Plan Amendment to facilitate acceptance of NSP -3 funding. Section 3. This Resolution shall become effective immediately upon passage. I I PASSED AND ADOPTED this � day of February, 2011. CITY OF BOYNTON BEACH, FLORIDA Mayor — Vice�M? ayorT arlene Ross F ommi4ioner — William Orlove Commiss r �W0 0 0 ^ drow ay ATTEST: M. Prainito, MMC Clerk (C S: \CA \RESO \Reso - CDBG Plan amendment NSR3 021511 doc 1M3Mr@r_79T@V]TqU_ OMB Approved No, 3076-0006 Version 7/03 FEDERAL ASSISTANCE 2. DATE SUBMITTED Applica Identifier March 1, 2011 11. T TYPEE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier )plication i Pre-application ATE RECEIVED BY FEDERAL AGENCY Federal Identifier ;L_ Construction Construction Non-Constructi mqn Non - Construction B-10-MC-12-0043 - 5. APPLICANT INFORMATION Legal Name: Organizational Unit: Department: City of Boynton Beach Development Organizational DUNS: Division: 07-224-7133 FTB Community Improvement Address: Name and telephone number of person to be contacted on matters 1 involving this application (give area code) i Street: 100 East Boynton Beach Boulevard Prefix: First Name: Mrs, Octavia City: Middle Name B Beach Coun i Last Name Palm 1 Sherrod State: ZiD Code Suffix: Florida 3'3435 Country. i Email: United States of America sherrodo @bbfl.us 6. EMPLOYER IDENTIFICATION NUMBER (EIN): Phone Number (give area code) Fax Number (give area code) T LM1 — M K I Fc� [�, D �] ( 561) 742-6066 7 (5 61) 742-6089 (5 8. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back of form for Application Types) New 11.,1 Continuation 7 Revision Municipal if Revision, enter appropriate letter(s) in box(es) (See back of form for description of letters.) F1 Other (specify) 9. NAME OF FEDERAL AGENCY: Other (specify) U. S. Department of Housing & Urban Development 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: �i E Neighborhood Stabilization Program 3 (NSP3) Purchase & Rehabilitation of abandoned, foreclosed upon properties I ITLE (Name of Program): Provide Down Payment assistance to first time homebuyers 12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.): City of Boynton Beach 13, PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date: Ending Date: a. Applicant b. Project 103/0112011 � 03/01/2014 23 �3 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? i a. Federal $ ua 2. Yes, THIS PREAPPLICATION1APPLICATION WAS MADE 1,168,808 AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON DATE: b, No. PROGRAM IS NOT COVERED BY E. 0. 12372 OR PROGRAM HAS NOT BEEN SELECTED BY STATE b. Applicant $ ou c. State $ ou d. — LOC21 S .7JT— e. Other S uu FOR REVIEW f. Program Income $ 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? Yes If "Yes" attach an explanation. W- N o g. TOTAL $ 1,168,808' 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATIONIPREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Authorized Representative Prefix First Name v­4 Piddle Name Last Name !Suffix Bressner Title c. Telephone Number (give area code) ty Manager (561) 742-6010 1 Signature of Authorized Representative e. Date Signed t j Previous Edition Usable Authorized for Local Reproduction Standard Form 424 (Rev.9-2003) Prescribed by OMB Circular A -1 02 (,,c�rtil°icat:l ns For.Statci area ntitle-ne t : nitie (1) Affirmatively furthering fair housing. The jurisdiction certifies that it will affirmatively further fair housing, which means that it will conduct an analysis to identify impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting the analysis and actions in this regard. (2) Anti - displacement and relocation ,plan. The applicant certifies that it has in effect and is following a residential anti- displacement and reiv%acivu assistance plan. (3) Anti - lobbying. The jurisdiction must submit a certification with regard to compliance with restrictions on lobbying required by 24 CFR part 87, together with disclosure forms, if required by that part. (4) Authority of jurisdiction. The jurisdiction certifies that the consolidated plan or abbreviated plan, as applicable, is authorized under state and local law (as applicable) and that the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with ap HUED regulations and other program requirements. (5) Consistency with plan. The jurisdiction certifies that the housing activities to be undertaken with NSP funds are consistent with its consolidated plan or abbreviated plan, as applicable. (6) Acquisition and relocation. The jurisdiction certifies that it will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601), and implementing regulations at 49 CFR part 24, except as those provisions are modified by the notice for the NSP program published by HUD. (7) Section 3. The jurisdiction certifies that it will comply with section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u), and implementing regulations at 24 CFR part 135. (8) Citizen participation. The jurisdiction certifies that it is in full compliance and following a detailed citizen participation plan that satisfies the requirements of Sections 24 CFR 91.105 or 91.115, as modified by NSP requirements. (9) following a plan. The jurisdiction certifies it is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. [Only States and entitlement jurisdictions use this certification.] (10) Use of funds. The jurisdiction certifies that it will comply with the Dodd -Frank Wall Street Reform and Consumer Protection Act and Title XII of Division A of the American Recovery and Reinvestment Act of 2009 by spending 50 percent of its grant funds within 2 years, and spending 100 percent within 3 years, of receipt of the grant. (11) The jurisdiction certifies: a. that all of the NSP funds made available to it will be used with respect to individuals and families whose incomes do not exceed 120 percent of area median income; and NSP3 Application b. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108 loan guaranteed funds, by assessing any amount 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. However, if NSP funds are used to pay the proportion of a fee or assessment attributable to the capital costs of public improvements (assisted in part with NSP funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. In addition, with respect to properties owned and occupied by moderate - income (but not low- income) families, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than NSP funds if the jurisdiction certifies that it lacks NSP or CDBG funds to cover the assessment. (12) Excessive force. The jurisdiction certifies that it has adopted and is enforcing: a. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; and b. A policy of enforcing applicable state and local Paws against physically barring entrance to, or exit from, a facility or location that is the subject of such nonviolent civil rights demonstrations within its jurisdiction. (13) Compliance with anti- discrimination laws. The jurisdiction certifies that the NSP grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), the Fair Housing Act (42 U.S.C. 3601- 3619), and implementing regulations. (14) Compliance with lead -based paint procedures. The jurisdiction certifies that its activities concerning lead -based paint will comply with the requirements of part 35, subparts A, B, J, K, and R of this title. (15) Compliance with laws. The jurisdiction certifies that it will comply with applicable laws. (16) Vicinity hiring. The jurisdiction certifies that it will, to the maximum extent feasible, provide for hiring of employees that reside in the vicinity of NSP3 funded projects or contract with small businesses that are owned and operated by persons residing in the vicinity of NSP3 projects. (17) Development of affordable rental housing. The jurisdiction certifies that it will be abide by the procedures described in its NSP3 Abbreviated Plan to create preferences for the development of affordable rental housing for properties assisted with NSP3 funds. Signature /Authorized Official KURT RRFSSNER CITY MANA6"ER Title t `- NSP3 Application