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1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG-R <br />funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to <br />activities which benefit low and moderate income families or aid in the prevention or elimination <br />of slums or blight. The Action Plan may also include activities which the grantee certifies are <br />designed to meet other community development needs having a particular urgency because <br />existing conditions pose a serious and immediate threat to the health or welfare of the community, <br />and other financial resources are not available); <br />2. Special Assessments. The jurisdiction will not attempt to recover any capital costs of public <br />improvements assisted with CDBG-R funds by assessing any amount against properties owned <br />and occupied by persons of low- and moderate-income, including any fee charged or assessment <br />made as a condition of obtaining access to such public improvements. However, if CDBG-R <br />funds are used to pay the proportion of a fee or assessment attributable to the capital costs of <br />public improvements (assisted in part with CDBG-R funds) financed from other revenue sources, <br />an assessment or charge maybe made against the property with respect to the public <br />improvements financed by a source other than CDBG-R funds. The jurisdiction will not attempt <br />to recover any capital costs of public improvements assisted with CDBG-R funds, unless CDBG- <br />R funds are used to pay the proportion of fee or assessment attributable to the capital costs of <br />public improvements financed from other revenue sources. In this case, an assessment or charge <br />may be made against the property with respect to the public improvements financed by a source <br />other than CDBG-R funds. In addition, with respect to properties owned and occupied by <br />moderate-income (but not low-income) families, an assessment or charge maybe made against <br />the property with respect to the public improvements financed by a source other than CDBG-R <br />funds if the jurisdiction certifies that it lacks CDBG-R or CDBG funds to cover the assessment. <br />(11) Excessive Force. The jurisdiction certifies that it has adopted and is enforcing: (1) a policy <br />prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any <br />individuals engaged in non-violent civil rights demonstrations; and (2) a policy of enforcing applicable <br />State and local laws against physically barring entrance to or exit from a facility or location that is the <br />subject of such non-violent civil rights demonstrations within its jurisdiction. <br />(12) Compliance with anti-discrimination laws. The CDBG-R grant will be conducted and <br />administered in conformity with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), the Fair <br />Housing Act (42 U.S.C. 3601-3619), and implementing regulations. <br />(13) Compliance with lead-based paint procedures. The activities concerning lead-based paint will <br />comply with the requirements of part 35, subparts A, B, J, K, and R of this title. <br />(14) Compliance with laws. The jurisdiction will comply with applicable laws. <br />(15) Compliance with ARRA. The jurisdiction will comply with Title XII of Division A of the <br />American Recovery and Reinvestment Act of 2009. <br />(16) Project selection. The jurisdiction will select projects to be funded, by giving priority to projects <br />that can award contracts based on bids within 120 days from the date the funds are made available to the <br />recipient, and that will ensure maximum job creation and economic benefit. <br />(17) Timeliness of infrastructure investments. When the jurisdiction uses CDBG-R funds for <br />infrastructure investments, the grantee will give preference to quick-start and finish activities, including a <br />goal to use at least 50 percent of the funds for activities within 120 days of enactment of the Recovery <br />Act. <br />21 B-16 <br />