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Home My WebLink AboutResolution 90-07 O/'c/--<'"_~ ,.~ lJ /' 11 I / /.. 11'.../ (l,,_ C (; ~!JL-(""/_"/J ?j'c/7) RESOLUTION NO. 90-07 .. WHEREAS, the City of Ocoee, Florida desires to participate with Orange County, Florida in the Community Development Block Grant Program; and WHEREAS, the Housing and Community Develop- . ment Act of 1974 made provisions whereby local govern- ment may enter into cooperation agreements with urban counties, in order to implement community renewal and lower income housing assistance activities, including urban renewal and publicly assisted housing. NOW, THEREFORE, BE IT RESOLVED that the Board of City Commissioners of the City of Ocoee hereby (1) declares its cooperation with Orange County for the im- plementation of Community Development Block Grant Pro- grams for the fiscal years 1991, 1992 and 1993 and (2) approves the Orange County/City of Ocoee U.S. HUD Co- operation Agreement attached hereto as EXHIBIT "A" and by this reference made a part hereof and authorizes ex- ecution thereof by the Mayor and City Clerk. ADOPTED THIS 7th day of August, 1990. APPROVED: CITY OF OCOEE, FLORIDA . N:;rrg~T : \ ' ~on, ( SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO f~~ AND LEGALlfrY, this rfb. day /'\ of ,J' /..- 19L11( . , 1-1 ~- , ~ FOLEY & LARDNER, VAN DEN BERG, GAY, ~I'K~ ~LS~N & AR7N Ii By : (J /Lv '2 !i~f1-: I l,,[I7:/'/ City Attorney .. . APPROVED BY THE BOARD OF COUNTY .COMMISSIONERS AT tHEIR MEETING AUG 2 7 1~ ORANGE COUNTY/CITY OF OCOEE u. S. HOD COOPERATION AGREEMENT ff;\, THIS AGREEMENT is made and entered into this ~I day of ~~ 1990, by and between the CITY OF OCOEE, FLORIDA, a municipal corporation (hereinafter referred to as "MUNICIPALITY"), and ORANGE COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "COUNTY"). PREMISES 1. The Housing and Community Development Act of 1974, as amended, provides that urban counties may enter into cooperation agreements with certain units of local government to undertake or assist in undertaking essential activities pursuant to Community Development Block Grants. 2. The cooperation of the Municipality and the County is essential for successful planning and implementation of local Community Development programs. 3. It is the desire of the parties that the County undertake the acti vi ties necessary to plan and carry out or assist in carrying out Community Development programs on behalf of and in coordination with the Municipality and that the County have final responsibility for selecting projects and annually filing final statements in accordance with existing federal regulations. NOW, THEREFORE, the parties hereto mutually agree as follows: SECTION 1. The Municipality authorizes the County to apply for and receive Community Development Block Grants from the U.s. Department of Housing and Urban Development on behalf of the Municipality. SECTION 2. The Municipality authorizes the County to carry out activities that will be appropriated in the Community Development Block Grant Applications to the U.S. Department of Housing and Urban Development for Fiscal Years 1991, 1992 and 1993 appropriations. The Agreement shall stay in effect until all activities funded with such appropriations and program income are completed. SECTION 3. The County shall, at no cost to the Municipality, provide for staff resources and other services necessary for planning and administering Community Development programs on behalf of the Municipality. SECTION 4. The Municipality will cooperate with the County to the fullest extent possible in the planning and implementation of Community Development programs. The County will ensure that the Municipality's citizens and chief executive have the opportunity to provide input during the decision-making process concerning Community Development programs which either directly or indirectly affect the Municipality. SECTION 5. The County is authorized to implement Community Development programs for the Municipality. The Municipality and the County agree to cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing. SECTION 6. The County is authorized to utilize a reasonable portion of Community Development Block Grant funds for the purposes of planning and administering Community Development programs. SECTION 7. The parties do hereby mutually commit to take all actions necessary to assure compliance with the County's urban county certification required by section 104 (b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, section 109 of Title I of the Housing and Community Development Act of 1974, and other applicable laws. SECTION 8. The Municipality agrees to allow the County, in its discretion, to perform certain Community Development and Housing Assistance activities authorized by and specified in the Housing and Community Development Act of 1974, as amended, within the territorial boundaries or limits of the Municipality, as federal funds are made available to the County -2- for that purpose. The Municipality agrees to cooperate with the County to the extent possible under the Act to enable the County to perform those activities during the time period covered by this Agreement. SECTION 9. Pursuant to 24 CFR 570.50l(b), the Municipality is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement set forth in 24 CFR 570.503. SECTION 10. If the Municipality does not affirmatively further fair housing within its own jurisdiction or impedes the County's actions to comply with its Fair Housing certification, the County shall not fund activities in or in support of the Municipality. SECTION 11. The Municipality and the County agree to the fOllowing provisions: 1. The Municipality shall inform the County of any income generated by the expenditure of Community Development Block Grant funds; 2. The Municipality may retain program income subject to requirements set forth in the Agreement; 3. Any program income retained by the Municipali ty shall be used for eligible activities in accordance with applicable Community Development Block Grant requirements; 4. The County shall have the responsibility to monitor and report to the Department of Housing and Urban Development on the use of any such program income thereby requiring appropriate record keeping and reporting by the Municipality as may be needed for this purpose; 5. In the event of the County's failure to qualify as an urban county or a change in status of the Municipality, any program income that is current or received shall be paid to the County. SECTION 12. The Municipality and the County agree with the fOllowing standards regarding real property acquired or improved in whole or in part using the Community Development Block Grant funds: -3- . 1. The Municipality shall notify the County, in a timely manner, of any modification or change in the use of real property from that intended at the time of acquisition or improvement including disposition thereof; 2. The Municipality shall reimburse the County in an amount equal to the current fair market value (less any portion thereof attributable to expenditure of non-Community Development Block Grant funds) of property acquired or improved with Community Development funds that is disposed of or transferred for use incongruent with Community Development Block Grant regulations; 3. In the event of the County's failure to qualify as an urban county or a change in status of the Municipality, any program income generated from the disposition or transfer of property shall be paid to the County. SECTION 13. The County shall have final responsibility for selecting projects and filing Final Statements and all associated reports. IN WITNESS WHEREOF, the Municipality and the County have authorized and executed this Agreement as of the date and year first above written. :~;'~ yor AT BY: greement s in and ordinances. with all applicable Municipal FOR USE AND......., BY THE CITY OF 0l:CIII. APPROYEDAS ro,~..~' )1~ "c. . :'.~~ rfaJ?~ Municipal Attorney -4- .. . ,t11 '. ORAN~ FLORIDA BY: ~~~ Chairman, Board . of County Commissioners DATE: AUG 2 7 1990 ATTEST: Martha O. Haynie, Comptroller as Clerk to the Board of County Commissioners BY:. ~~~. ~sI.Deputy ...lerk' The terms of this Agreement are fully authorized under State and local law. This Agreement provides full legal authority for Orange County to undertake or assist in undertaking essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing. P. p~-~ . Porter-Carlton ant County Attorney LPC229 08/02/90 -5-