056-90 Ordinance
RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
. 56-90 Passednu___ ummmnmmmU mmn19
Ordmance No. m___Um ______
AN ORDINANCE AUTHORIZING THE
CITY MANAGER TO CONTRACT WITH
THE BOARD OF COUNTY COMMISSIONERS,
FRANKLIN COUNTY, OHIO ON BEHALF
OF THE CITY FOR A COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM
AND PROVIDING ACQUISITION SERVICES
THEREWITH
WHEREAS, pursuant to the provisions of Housing and Community Development
Act of 1974 (Public Law 93-383, 42 U.S.C. 5301), 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 provision of Section 307.85, Ohio Revised Code,
the Board of County Commissioners, Franklin County, Ohio, is authorized
to participate in and cooperate with cities and villages in Franklin County
in establishing and operating federal programs; and
WHEREAS, pursuant to the provisions of Section 307.15, Ohio Revised Code,
the Board of County Commissioners, Franklin County, Ohio, is authorized to
enter into agreements with cities and villages in Franklin County whereby
it is provided that the Board of County Commissioners, Franklin County, Ohio
exercises powers and performs functions or renders services on behalf of
the said cities and villages;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State
of Ohio, 6 of the elected members concurring:
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Section 1. That the City of Dublin is located within the geographical
boundaries of Franklin County, O:]io.
Section 2. That the City Manager is hereby authorized and directed on be-
--.----- half of the City to enter into an agreement with the Board of County
Commissioners, Franklin County, Ob io, 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), and Section 570.105 b 3 ( iii)
Community Development Block Grant Program Rules and Regulations. The
agreement as provided herein to be worded according to the draft 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 leading to purchase or
condemnation of land and structures thereon for property or easement needed
in connection with the said Community Development Block Grant Program,
title to said property and easements to be taken in the name of the City
of Dublin.
Passed this 6th day of August 1990.
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I, Frances M. Urban Clerk of Council, hereby certify that the
foregoing is a true copy of Ordinanco/~R9ikNo.
duly adopted by the Council of the City of Dublin, Ohio, on the
day of August 1990 .
,
~~f~'un7i~ I hereby certify that copies of this Ord:!,!Qnc';/R~u'ul!lIn were posted' ,
City of Dublin in accordance with Sctfon 731.25 of tile O!.::> Revised ~;d' .
J~~.~ .
aerk of Council, Du lin, Ohio
I
,
COOPERATION AGREEHENT
FOR
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
RENEWAL AND EXTENSION
EXHIBIT "A"
(Communities with Split Populations)
WHEREAS, THIS AGREEMENT, MADE AND CONCLUDED AT FRANKLIN COUNTY,
OHIO, THIS L/~ DAY OF ~13PU/J')BER 19lf?-'1~J, 1990, BY AND
BETWEEN THE BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY, OHIO,
BEING DULY AUTHORIZED IN THE PRE~IS~S BY THE PROVISIONS OF A
RESOLUTION ADOPTED ON -:5 EPTe In /.1-~.~ 1~":rl'llL, HEREINAFTER! fj'f-1o}
REFERRED TO AS "BOARD" AND THE CITY/~GE OF Dublin, Ohio
BY Timothy C. Hansley (Name) ITS
City Manager (Chief Executive Officer), OR
BEING DULY AUTHORIZED IN THE
PREMISES BY THE PROVISIONS OF ~V~/ORDINANCE NO. 56-90
DATED August 6, 1990 , 1990 HEREINAFTER REFERRED TO AS
"CITYj:~' :
NOW THEREFORE, it is hereby agreed by and between the parties
hereto, upon the considerations herein set forth as follows:
1. Board and the City of Dublin (City/Village) 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
other essential activities during the next three program years of
the Franklin county Community development Program, all in
accordance with the Community Development Block Grant 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), and Section 570.105 b 3 (iii), Community Development Block
Grant Program Rules and Regulations.
2. countywide community development plan and projects,
program budget and the housing conditions, needs and goals
established in the Housing Assistance Plan (HAP) and amendments
thereto, shall be binding on said Board and the City of Dublin
(City/Village) for the Seventeenth, Eighteenth, and Nineteenth
program years, which end March 31, 1994 and for such additional
time as may be required for the expenditure of funds granted to
the county for such period.
3. The Agreement gives the Board authority to carry out
activities funded from annual CD Block Grants from Federal Fiscal
Years 1991, 1992, and 1993 appropriations, and from any program
income generated from the expenditure of such funds. The
City of Dublin (City/Village) must inform the Board of
any program income generated by spending CDBG funds. Said
program income must be paid to the county. If any program income
is authorized to be retained by the City of Dublin
is authorized to be retained by the City of Dublin
(City/Village), 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.
4. Hid-Ohio Regional Planning Commission (HORPC) is
authorized to act for the Board and accepted by
the City of Dublin (City/Village) as agent of Board in planning,
administering, and overall coordinating the program which are the
subject of this agreement.
5. Franklin County Housing and Community Development
Program carried out by 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 City of Dublin (City/Village) 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 City of Dublin (City/Village) 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,
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 Program
will apply to any projects involving acquisition, whereby HORPC
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 of Dublin (City/Village) 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.
. S70 Code of Federal Regulations, requires that
Sect10n -seT. 503 , 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 recordkeeping;
Program Income; OMB Circulars; other program requirements, except
that the County maintains environmental responsibilities, and 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. City of Dublin (City/Village) elects to include
the total areas and population of its corporation in Franklin
County for the purpose of planning and implementing the Franklin
coun~ HousinR.and Community Development Program.
The 1ty of Dul> 1n (City/Village) shall not apply for separate
small cities CDBG, administered by the state or HOD, in any year
while participating in this program.
9. No Community Development Block Grant 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.
NOW THEREFORE, the Board, in consideration of the promises
and agreements of the Citv of Dublin (City/Village) herein
set forth, hereby promises and agrees as follows:
1. That it or its agency shall prepare the local portion of
the Countywide community development plan, program, budget, and
housing assistance plan based upon information as to needs,
objectives, plans, and programs supplied by the City of Dublin
(City/Village) or its agent, pursuant to the applicable rules and
regulations governing the community Development Block Grant
Program.
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 housing assistance goals.
3. Board shall prepare and submit to 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 of condemnation, land
and structures thereon for property or easements needed in
connection with the Franklin county Housing and community
Development Program, which is the subject of the agreement, title
to said property and easements to be taken in the name of
the City of Dublin (City/Village). Said acquisition procedures
shall be accomplished in accordance with applicable provisions of
the Uniform Relocation and Real Properties Acquisition Policies
Act of 1970 and the Ohio Revised Code.
WHEREAS, in consideration of the promises and agreements of
Board herein set forth, the City of Dublin (City/Village)
hereby promises and agrees as follows:
1. That it will promptly submit to Board needs, objectives,
plans, and programs for preparation by Board of the local portion
of the countywide community development plan, program and budget
and housing assistance plan.
2. That it will implement plans concerning community
development and housing activities prepared by 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, and other applicable laws.
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 County Commissioners, Franklin County, Ohio being the
governing body of the said county, and by the City/Village of
Dublin by Timothv C. Hanslev (Name) its
r.it-y M<ln<lg",... (Chief Executive Officer) per a duly
enacted Resolution of the City/Village Council of
the City of Dublin .
~' ,
p)j~7~ L/I / f tJ ()
D e
CITY/VILLAGE
o/r/t:to CH~~ICER
Date ' I 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 renewal and development and housing
assistance activities, specifically urban renewal and publicly
assisted housing.
RNEY
Approved as to form and legality of purpose:
(Optional) City/Village Counsel