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Res 1988-092
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Res 1988-092
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8/9/2007 11:48:11 AM
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8/9/2007 11:48:11 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
1988-92
Date
8/22/1988
Volume Book
92
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<br />SECTION 20. <br /> <br />ENVIRONMENTAL CLEARANC~REMENTS <br /> <br />A. Contractor understands and agrees that by the execution of this contract <br />Contractor shall assume the responsibilities for environ.ental review, <br />decision making, and other action which would otherwise apply to Department <br />under Section 5304(f) of the Act, in accordance with and to the extent <br />specified in 24 C.F.R. Part 58. In accordance with Section 58.77(b) of such <br />regulations, Contractor further understands and agrees that Contractor shall <br />handle inquiries and complaints fr08 persons and agencies seeking redress in <br />relation to environmental reviews covered by approved certifications. <br /> <br />B. Funds provided under this contract may be obligated and expended before <br />the actions specified in this Section occur only for the following eligible <br />activities: <br /> <br />1. The payment of reasonable planning and administrative costs related <br />to the project. <br /> <br />2. Environmental studies, including environmental clearance activities <br />required by this Section; and <br /> <br />3. The payment or reimbursement of reasonable project engineering and <br />design costs incurred for this project. <br /> <br />C. Contractor shall prepare a written Environmental Assessment on its <br />activities in accordance with 24 C.F.R. Part 58, Subpart F, and the TCDP <br />proje~t Implementation Manual. Contractor must then follow the steps <br />speci led in this subsection to ensure compliance with the National <br />Environmental Policy Act (NEPA). When the Environmental Assessment is <br />completed, Contractor must follow one of the following two (2) procedures. <br />The first is a Finding of Significant Impact, in which the Request for Release <br />of Funds for the project is an action which may significantly affect the <br />quality of the human environment. If this is the case, Contractor must then <br />prepare an Environmental Impact Statement in accordance with Subpart H or <br />Subpart I of 24 C.F.R. Part 58. The second and more common procedure must be <br />followed~for all projects not requiring an Environmental Impact Statement. <br />Contractor in this instance must publish, in the manner prescribed in 24 <br />C.F.R. Sections 58.43 and 58.44, a co8bined legal notice in a single <br />publication: A Finding of No Significant Impact, and a Notice of Intent to <br />Request Release of Funds. In the first part of this notice, Contractor <br />certifies that, as a result of the Environmental Assessment, the project 1s <br />not an action which mayor will significantly affect the quality of the human <br />environment. Contractor shall then provide the public with at least 15 <br />calendar days to comment on this combined notice following its publication <br />date, unless exceptional circumstances exist as specified in 24 C.F.R. Section <br />58.46, If no unresolved problems occur, Contractor must then concurrently <br />submit to Department the following documents: 1) a Publisher's Affadavit and <br />Certification form, for the combined legal notice; and 2) a Request for <br />Release of Funds form. Upon receipt of such documents, Department must allow <br />a IS calendar days comments period to expire before it can formally release <br />any project fund~ which are subject to the environmental review regulations. <br />Contractor must comply with all other applicable environmental requirements as <br />specified in Exhibit 0 of this contract. Contractor shall document its <br />compliance with such other requirements in its envirJr,mental review file. <br /> <br />Page 11 of 13 <br />
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