Loading...
HomeMy WebLinkAbout22-96 Resolution .; RECORD OF RESOLUTIONS ~ Dayton legal Blank Co., Form No. 30045 I' I ~ Resolution No22-96 Passed un _ 19_ I i-- ,I " ,: Ii A RESOLUTION AUTHORIZING THE CITY MANAGER I! 'I I TO CONTRACT WITH THE BOARD OF COUNTY COMMISSIONERS, ii I! FRANKLIN COUNTY, OHIO ON BEHALF OF THE CITY OF DUBLIN :i !; FOR A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM :! AND PROVIDE ACQUISITION SERVICES THEREWITH, AND DECLARING AN EMERGENCY. :1 ii WHEREAS, pursuant to the provisions of the Housing and Community Development Act Ii of 1974 (public Law 93-383, 42 U.S.C. 5301), as amended, Franklin County, Ohio is I recognized by the United States Department of Housing and Urban Development as an II urban county and entitled to Community Development Block Grant Program funds and il HOME funds for urban counties; and II WHEREAS, pursuant to the provision of Section 307.85, Ohio Revised Code, the Board :i of County Commissioners, Franklin County, Ohio, is authorized to participate in and II cooperate with cities and villages in Franklin County in establishing and operating federal II programs; and " II II II WHEREAS, pursuant to the provisions of Section 307.15, Ohio Revised Code, the II Board of County Commissioners, Franklin County, Ohio is authorized to enter into I agreements with cities and villages in Franklin County whereby it is provided that the !I II Board of County Commissioners, Franklin County, Ohio exercises powers and performs II functions or renders services on behalf of the said cities and villages. I, i: :[ NOW, THEREr70RE, BE IT RESOLVED, by the Council of the City of Dublin, State Ii of Ohio, of the elected members concurring: Ii II Section 1. That the City of Dublin is located within the geographical boundaries of [I Franklin County, Ohio; in addition, a portion of the population resides in adjacent I, counties. The entire area of the community designated in this resolution will be included II in the Franklin County program for purposes of planning and funding of eligible CDBG il and HOME projects. II Section 2. That the City Manager is hereby authorized and directed on behalf of the City II of Dublin to enter into an agreement with the Board of County Commissioners, Franklin i County, Ohio, for the purpose of cooperating and participating in the Franklin County I Housing and Community Development Act of 1974 (public Law 93-383), 42 U.S.C. I 5301, as amended, and Section 570.105 B 3 (iii), Community Development Block Grant I I Program Rules and Regulations. The agreement as provided herein to be worded II according to the document identified as Exhibit "A" which is attached hereto and made II a part hereof. " Section 3. That said agreement for which provisions are made in Section 1 hereof shall II II provide that pursuant to the provisions of Section 307.15, Ohio Revised Code, the Board of County Commissioners, Franklin County, Ohio shall perform acquisition services for II the City of Dublin leading to purchase or condemnation of land and structures thereon I for property or easements needed in connection with the said Community Development i I Block Grant Program, title to said property and easements to be taken in the name of the City of Dublin. i I' II ,I Ii il II I I I I i I I RECORD OF RESOLUTIONS Dayton legal Blank Ca., Farm No. 30045 - i Resolution No,22-96 Passed .. u19 mu r ----- -- -- ~ - I Page Two Section 4. That this resolution is declared to be an emergency measure necessary for the preservation of the health, peace, safety and welfare of the residents of the City of Dublin, and for the further reason that the Franklin County commissioners have requested that said contract be executed and returned no later than June 28, 1996. Therefore, this resolution shall be effective upon passage. I } 7.Jb day of F' 1996. Passed this ii I ! il II I, II II II I II ArrEST: II Ii il 'I ii I' :1 ~C!-~ I II I !I Clerk of Council II II II " il I, II " I' , . .h' ~/Resolution were posted in th" " " 'I b >\.~. {il':l'eS or .i :s .' .. d C d I' I hw;,.\! '.,,' . , " S. t' 731 2S of the ~IO ReVise 0 e. ,I C f n.""'l .~ ~r.',Y'~(jn(e W.hi ec Ion . Ii Ity 0 ",.;:1",; ..t. ., II I' II ~d-.~ II derk of Council, Dublln, OhIO II I I I I I, II 'I II II II I II I I I II !/ I' COOPERA TION AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM RENEW AL AND EXTENSION EXHIBIT" A" (Split Populations) WHEREAS, the agreement, made and concluded at Franklin County, Ohio, this day of , 1996, by and between the Board of County Commissioners of Franklin County, Ohio, being duly authorized in the premises by the provisions of a resolution adopted on , hereinafter referred to as "Board" and the CityNillage of (Name), its (Chief Executive Officer), or being duly authorized in the premises by the provisions of resolution/ordinance no. dated , 1996 hereinafter referred to as "CityNillage": NOW THEREFORE, it is hereby agreed by and between the parties hereto, upon the considerations herein set forth as follows: 1. Board and (CityNillage) will cooperate in the undertaking or assist in the undertaking of essential community renewal and lower income housing activities, specifically urban renewal and publicly assisted housing, and that the (CityNillage) agrees that it is in the best interest of carrying out the objectives of the Act within Franklin County that the CityNillage and the County should join together in both the CDBG and HOME Investment Partnership Programs, and other essential activities during the next three program years of the Franklin County Housing, Community Development and Weatherization (HCD&W) Program. The parties further agree not to obstruct or restrict the implementation of the approved Comprehensive Housing Affordability Strategy (CHAS) during the course of this agreement. All of these aforementioned activities shall be carried out in accordance with the Community Development Block Grant (CDBG) Program Rules and Regulations and the applicable provisions of the Ohio Revised Code, including but not limited to the Housing and Community Development Act of 1974 (Public Law 93-383, 42 D.S.C. 5301) as amended, and Section 570.105 b 3 (iii), Community Development Block Grant Rules and Regulations. 2. County-wide community development plan and projects, program budget and the housing conditions, needs and goals established in the Comprehensive Housing Affordability Strategy and amendments thereto, shall be binding on said Board and (CityNillage) for the Twenty-Third, Twenty-Fourth and Twenty- Fifth program years, which end March 31, 2000 and for such additional time as may be required for the expenditure of funds and completion of funded activities granted to the county and any program income received for such period. 3. The Agreement gives the Board authority to carry out activities funded from annual Community Development Block Grants from Federal Fiscal Years 1997, 1998 and 1999 appropriations, and from any program income generated from the expenditure of such funds. The (CityNillage) must inform the Board of any program income generated by spending CD BG funds. Said program income must be paid to the county. If any program income is authorized to be retained by the (CityNillage), it may only be used for eligible activities in accordance with all CDBG requirements. That the Board has the responsibility for monitoring and reporting to HUD on the use of any such program income thereby requiring appropriate record keeping and reporting by the participating unit as may be needed for this purpose; and, That in the event of close-out or change in status of the participating unit, any program income that is on hand or received subsequent to the close-out or change in status shall be paid to the county. During the period of qualification no included unit of general local government may withdraw from the urban county unless the urban county does not receive a grant for any year during such period. 4. Mid-Ohio Regional Planning Commission (MORPC) is authorized to act for the Board and accepted by (CityNillage) as agent of the Board in planning, administering, and overall coordinating the programs which are the subject of this agreement. 5. Franklin County Housing, Community Development and Weatherization Program carried out by the Board reflects the needs of the entire county. 6. The following standards shall apply to real property acquired or improved in whole or in part using CDBG funds that is within the control of a participating unit of local government: The (CityNillage) will notify the Board as soon as it knows of any modification or change in the use of the real property from that planned at the time of acquisition or improvement including disposition; The (CityNillage) will be required to reimburse the Board in the full amount equal to the current fair market value (less any portion thereof attributable to expenditures of non-CDBG funds) of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under the CDBG regulations; and, 2 Treatment of program income generated from the disposition or transfer of property prior to or subsequent to the close-out, change of status or termination of the cooperation agreement between the Board and the participating unit, will be subject to the provisions of Section 3 of this same Agreement. The policies/procedures of the Franklin County HCD&W Program will apply to any projects involving acquisition, whereby MORPC will be notified during the planning and design process of any approved project, where applicable land acquisitions and other items are subject to the Uniform Relocation and Real Properties Acquisition Policies Act of 1970. 7. The (CityNillage) pursuant to 24 CFR 570.501 (b) is subject to the same requirements applicable to subrecipients, including the requirements of a written agreement set forth in 24 CFR 570.503. Section 570.503, Code of Federal Regulations, requires that the Board and unit of local government execute a written agreement prior to the disbursement of any federal funds. Franklin County has prepared a Funding Agreement which must be executed. This agreement includes certain administrative, legal and financial procedures which define the responsibilities of the grantor and grantee. The Agreement shall remain in effect during any period that the subrecipient has control over CDBG funds, including program income. At a minimum, this written Funding Agreement shall contain provisions as prescribed in the Code of Federal Regulations concerning: Statement of Work; Records and record keeping; Program Income; OMB Circulars; Other program requirements; except that the County is responsible for initiating the review process under Executive Order 12372; Suspension and Termination; and reversion of assets meeting the prescribed criteria; and disposing of assets in a manner comparable to that described in the aforementioned Code of Federal Regulations. 8. (CityNillage) elects to include the total areas and population of its corporation in Franklin County for the purpose of planning and implementing the Franklin County HCD&W Program. (CityfVillage) shall not apply for separate grants under the Small Cities of State CDBG Programs from appropriations for fiscal years during the period in which it is participating in the urban county CDBG program; and (CityNillage) may not participate in a HOME consortium except through Franklin County, regardless of whether Franklin County receives a HOME formula allocation. 9. No Community Development Block Grant and HOME Investment Partnership Program funds provided by Franklin County under this Agreement may be used for activities in or in support of any cooperating unit of general local government that does not affmnatively further fair housing within its own jurisdiction, or that impedes Franklin County's actions to comply with its fair housing certification. 3 10. CitiesNillages and counties in Ohio have authority under Section 307.15 of the Ohio Revised Code to enter into agreements whereby a Board of County Commissioners undertakes, and is authorized by the contracting subdivision, to exercise any power, perform any function, or render any service, in behalf of the CityNillage, which such CityNillage may exercise, perform or render; and 11. The CityNillage and the County each have authority to carry out the kinds of activities which are the objectives of the Act pursuant to Section 303.26 of the Ohio Revised Code, et. seq.; and NOW THEREFORE, the Board, in consideration of the promises and agreements of (CityNillage) herein set forth, hereby promises and agrees as follows: 1. That its or its agent shall prepare the local portion of the County-wide community development "non-housing" plan, program, budget, and Comprehensive Housing Affordability Strategy based upon information as to needs, objectives, plans, and programs supplied by . (CityNillage) or its agent, pursuant to the applicable rules and regulations governing the Community Development Block Grant Program and the HOME Investment Partnership Program. 2. Board assumes full responsibility and all obligationsJor preparation of the application and execution of the program including, but not limited to, the analysis of needs, setting of objectives, development of plans, programs, and budgets, and furnishing assurances and certifications. Board is also responsible for the accomplishment of goals set forth in its Comprehensive Housing Affordability Strategy. 3. Board shall prepare and submit to the appropriate Federal Agency, the Franklin County HCD&W Program Submission, and assume all related responsibilities as to said submission. 4. Board shall acquire, by purchase or condemnation, land and structures thereon for property or easements needed in connection with the Franklin County HCD&W Program, which is the subject of the agreement, title to said property and easements to be taken in the name of (CityNillage ). Said acquisition procedures shall be accomplished in accordance with applicable provisions of the Uniform Relocation and Real Properties Acquisition Policies Act of 1970 as amended and the Ohio Revised Code. WHEREAS, in consideration of the promises and agreements of the Board herein set forth, the (CityNillage) hereby promises and agrees as follows: 1. That it will promptly submit to the Board its needs, objectives, plans, and programs for preparation by the Board of the local portion of the county-wide community development 4 "non-housing" plan, program and budget and Comprehensive Housing Affordability Strategy. 2. That it will implement plans concerning community development and HOME activities prepared by the Board, however, the Board shall retain full responsibility and obligations for preparation and implementation of said plans. 3. That it will take all actions with the Board that are necessary to assure compliance with the urban county's 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, as amended; the Americans with Disabilities Act of 1990; and other applicable laws. 4. The CityNillage of 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 non-violent civil rights demonstrations; and b. a policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non- violent civil rights demonstrations within jurisdictions. Board, however, shall retain primary responsibility for implementing compliance. 5 . . . , IN WITNESS WHEREOF, the parties have hereunto set their hands hereof on the day and year first above written by the Board of County Commissioners, Franklin County, Ohio being the governing body of the said County, and by the CityNillage of by (Name) its (Chief Executive Officer) per a duly enacted Resolution/Ordinance of the CityNillage Council of BOARD OF COUNTY COMMISSIONERS Date DEWEY R. STOKES DOROTHY TEATER ARLENE SHOEMAKER CITYNILLAGE Date CHIEF EXECUTIVE OFFICER The terms and provisions of this agreement are fully authorized under state and local law, and the agreement provides full legal authority for the county to undertake or assist in undertaking essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing. ASSIST ANT PROSECUTING A TIORNEY FRANKLIN COUNTY J..... Approved as to form and legality of purpo~ C~ ~"'r-" L City~e Counsel 3yrcoop.spt 6