22-96 Resolution
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Dayton legal Blank Co., Form No. 30045
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~ Resolution No22-96 Passed un _ 19_ I
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Ii A RESOLUTION AUTHORIZING THE CITY MANAGER
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I TO CONTRACT WITH THE BOARD OF COUNTY COMMISSIONERS,
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I! FRANKLIN COUNTY, OHIO ON BEHALF OF THE CITY OF DUBLIN
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!; FOR A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
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AND PROVIDE ACQUISITION SERVICES THEREWITH,
AND DECLARING AN EMERGENCY.
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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
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II WHEREAS, pursuant to the provisions of Section 307.15, Ohio Revised Code, the
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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
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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.
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:[ NOW, THEREr70RE, BE IT RESOLVED, by the Council of the City of Dublin, State
Ii of Ohio, of the elected members concurring:
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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
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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
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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
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I Block Grant Program, title to said property and easements to be taken in the name of the
City of Dublin.
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RECORD OF RESOLUTIONS
Dayton legal Blank Ca., Farm No. 30045
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Resolution No,22-96 Passed .. u19 mu r
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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
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!I Clerk of Council
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I' , . .h' ~/Resolution were posted in th"
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II derk of Council, Dublln, OhIO
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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,
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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.
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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
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"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.
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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
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Approved as to form and legality of purpo~ C~ ~"'r-" L
City~e Counsel
3yrcoop.spt
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