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DRAFT <br />(11) Assessments. The jurisdiction will not attempt to recover any capital costs of public <br />improvements assisted with CDBG funds, including Section 108 loan guaranteed funds, by <br />assessing any amount against properties owned and occupied by persons of low- and <br />moderate-income, including any fee charged or assessment made as a condition of obtaining <br />access to such public improvements. However, if NSP funds are used to pay the proportion of <br />a fee or assessment attributable to the capital costs of public improvements (assisted in part <br />with NSP funds) financed from other revenue sources, an assessment or charge maybe made <br />against the property with respect to the public improvements financed by a source other than <br />CDBG funds. In addition, with respect to properties owned and occupied by moderate- <br />income (but not low-income) families, an assessment or charge may be made against the <br />property with respect to the public improvements financed by a source other than NSP funds <br />if the jurisdiction certifies that it lacks NSP or CDBG funds to cover the assessment. <br />(12) Excessive Force. The jurisdiction certifies that it has adopted and is enforcing: (1) a <br />policy prohibiting the use of excessive force bylaw enforcement agencies within its <br />jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and <br />(2) a policy of enforcing applicable State and local laws against physically barring entrance <br />to or exit from, a facility or location that is the subject of such non-violent civil rights <br />demonstrations within its jurisdiction. <br />(13) Compliance with anti-discrimination laws. The NSP grant will be conducted and <br />administered in conformity with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), <br />the Fair Housing Act (42 U.S.C. 3601.-3619), and implementing regulations. <br />(14) Compliance with lead-based paint procedures. The activities concerning lead- <br />based paint will comply with the requirements of part 35, subparts A, B, J, K, and R of this <br />title. <br />(15) Compliance with Taws. The jurisdiction will comply with applicable laws. <br />November 17, 2008 <br />Signature/Authorized Official Date <br />City Manager <br />Title <br />30 <br />80B-40 <br />