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62-99 Ordinance RECORD OF ORDINANCES Da on Le al Blank Co. Fo 004 62-99 Ordinance No Passed AN ORDINANCE AUTHORIZING THE CITY MANAGER TO CONTRACT WITH THE BOARD OF COUNTY COMMISSIONERS, FRANKLIN COUNTY, OHIO ON BEHALF OF THE CITY OF DUBLIN FOR A COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PROGRAMS AND PROVIDE ACQUISITION SERVICES THEREWITH, AND DECLARING AN EMERGENCY. a WHEREAS, pursuant to the provisions of the Housing and Community Development Act of 1974 (Public Law 93-383, 42 U.S.C. 5301), as amended, Franklin County, Ohio is recognized by the United States Department of Housing and Urban Development as an urban county and entitled to Community Development Block Grant Program funds for urban counties; and WHEREAS, pursuant to the provisions of Section 307.85, Ohio Revised Code, the Board of County Commissioners, Franklin County, Ohio is authorized to enter into agreements with cities and villages in Franklin County, Ohio, to exercise powers and perform functions or render services on behalf of the said cities and villages. NOW, TH~tEFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, /j of the elected members concurring: Section 1. That the City of Dublin is located within the geographical boundaries of Franklin County, Ohio; in addition, a portion of the population resides in adjacent counties. The entire area of the community designated in this ordinance will be included in the Franklin County program for purposes of planning and funding of eligible CDBG and HOME projects. Section 2. That the City Manager is hereby authorized and directed on behalf of the City of Dublin to enter into an agreement with the Board of County Commissioners, Franklin County, Ohio, for the purpose of cooperating and participating in the Franklin County Housing and Community Development Act of 1974 (Public Law 93-383), 42 U.S.C. 5301, as amended, and Section 570.105 b 3 (iii), Community Development Block Grant Program Rules and Regulations. The agreement as provided herein to be worked according to the document identified as Exhibit "A" which is attached hereto and made a part hereof. Section 3. That said agreement for which provisions are made in Section 1 hereof shall 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 the City of Dublin leading to purchase of condemnation of land and structures thereon for property and easements needed in connection with the said property and easements to be taken in the name of the City of Dublin. Section 4. That this ordinance is declared to be necessary for the immediate preservation of the public peace, health, safety or welfare, and for the further reason that the Franklin County Commissioners have requested that said contract be executed and returned no later than July 6, 1999. Therefore, this ordinance shall take effect immediately upon passage. Passed this~~ day of , 1999. i h^r~^!!v ce~t:i:; thoi rna+QS of t''S nrt!'n~+nra'~esolution were posted in e lJi Mayor - Presi ing ficer Cary o ~:~'~!~n ~n arcordnn,e ve;`: S~ct:r,n 731.25 of the Ohio Revised Cod , ATTEST: ~jflerk ouncil, Dublin, Ohio Clerk of Council - COOPERATION AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM RENEWAL AND EXTENSION EXHIBIT "A" (Cities & Villages) WHEREAS, the agreement, made and concluded at Franklin County, Ohio, this day of 1999, 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 hereinaft r , referred to as "Board" and the cit illage of ~s~ h (Name), its ~ ~ o, r(Chief Executive Officer), or being duly authorized in a premises by the provisions of /ordinance no. dated 1999 hereinafter referred to as "city/village": NOW THEREFORE, it is hereby agreed by and between the parties hereto, upon the considerations herein set forth as follows: 1. Board and ~ p1' ~_h/, (city/village) will cooperate in the undertaking or assist in the unde~aking of essentia community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing, and that the /r~, (city/village) agrees that it is in the best interest of carrying out the ob' ctives of the Act within Franklin County that the city/village 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 and Community Development. The parties further agree not to obstruct or restrict the implementation of the approved Consolidated Plan 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 U.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 establis ed in the Consolidated Plan and amendments thereto, shall be binding on said Board and ~ (city/village) for the Twenty-Sixth, Twenty-Seventh, and Twenty-Eighth pro ram years, which end March 31, 2003 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 2000, 2001 and 2002 appro 'ations, and from any program income generated from the expenditure of such funds. The (city/village) must inform the Board of any program income generated y spen ing CDBG funds. Said program income must be paid to the county. If any program income is authorized to be retained by the b (city/village), it may only be used for eligible activities in accordance with al CDBG require ents. ~ 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 Plannin Commission (MORPC) is authorized to act for the Board and accepted by (~,~~'~f , h (city/village) as agent of the Board in planning, administering, and overall coordinating the programs, which are the subject of this agreement. 5. Franklin County Housing and Community Development 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 th"at/is within the control of a participating unit of local government: The ~ ~ ~ (city/village) will notify the Board as soon as it knows of any modificati n or change in the use of the real property from that planned at the time of acquisition or improvement including disposition; The ~ ~ (city/village) will be required to reimburse the Board in the full amount a ual to the Curren 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, 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 Housing and Community Development 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 ~ (city/village) pursuant to 24 CFR 570.501 (b) is subject to the same requirem nts 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 Template Funding Agreement, which must be executed.This 2 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. 0~ `~Ltf~~/yl (city/village) is included in Franklin County for the purpose of pla ni~ d implementing the Franklin County Housing and Community Development Program. (city/village) shall not apply for separate grants under the Small ities or State CDBG Programs from appropriations for fiscal years during th~ period in which it~ is participating in the urban county's CDBG program; and I V r/~ (city/village) may not participate in a HOME consortium except throug Franklin county, egardless 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 affirmatively further fair housing within its own jurisdiction, or that impedes Franklin County's actions to comply with its fair housing certification. 10. Cities/Viflages 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 city/village, which such city/village may exercise, perform or ~ ender; and 11. The city/village 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 12. City/Village) elects to include the total areas and population of its cor oration in Franklin County for the purpose of plannin and implementing the Franklin county Housing and Community Development Program. „6 ~ (City/Village). NOW THEREFORE, the Board, in consideration of the promises and agreements of C /~t~f. ~ ii ~ (city/village) herein set forth, hereby promises and agrees as follows: 1. That it or its agent shall prepare the local portion of the County-wide Consolidated Plan based u on infor ation ~as to needs, objectives, plans, and programs supplied by (city/village) or its agent, pursuant to the applicable rules and regul ions governing the Community Development Block Grant Program and the HOME Investment Partnership Program. 3 2. Board assumes full responsibility and all obligations for 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 Consolidated Plan. 3. Board shall prepare and submit to the appropriate Federal Agency, the Franklin County Housing and Community Development ,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 Housing and Community Development Program, which is the subj ct of the a reement, title to said property and easements to be taken in the name of (city/village). Said acquisition procedures shall be accomplished i accordance with applicable provisions of the Uniform Relocation and Real Properties Acquisition Policies Act of 1970 as amended and the Ohio Revised Code. V)/HEREAS in consideration of the promises and agreements of the Board herein set forth, the l1 i (city/village) 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 Consolidated Plan. 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. Th cit village of sL1(,~ / h 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. IN WITNESS WHEREOF, the parties have hereunto set their hands hereof on the day and year first above written by the Board of Count Commission rs, Franklin County, Ohio being the governing body of the s i~ Count ,and by th city village of ~l,L I,~ by ~~'~i v /.~i~ ;zs~~ (Name) its hlef Executive Officer) per a duly enacted /Ordinance of the city/v~i~latde ouncil of 1 i 6061RD OF COUNTY COMMISSIONERS Date DEWEY R. STOKES, PRESIDENT DOROTHY TEATER ARLENE SHOEMAKER BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY, OHIO / CITY/ IL GE Da 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. ASSISTANT PROSECUTING ATTORNEY FRANKLIN COUNTY Approved as to form and legality of purpose: City/Village Counsel HCD\CDBG\URBAN CO. QUALIFICATIONSI3YEAR000PSPLIT POPULATIONS r