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