Resolution No. 90-46 CITY OF TIGAxiD, OREGON
RESOLUTION NO. SO-�
A RESOLUTION APPROVING AN INTERGOVERNMENTAL COOPERATIVES AGREEMENT WITH
WASHINGTON COUNTY FOR THE COl94UNITY DEVELOPMENT BLOCK GRANT PROGRAMS AND
AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN BOTH AGREEMENTS
WHEREAS, the City Of Tigard has successfully participated in the Community
Development Block Grant Program during the past twelve years; and
WHEREAS, during tbie period the City has received more than $700,000 in Block
Grant funder for projects benefitting Tigard's low and moderate income
reeidents; and
WHEREAS, the City's current intergovernmental cooperative agreement with
Washington County for this program will expire after 12/31/90; and
WHRREAS, the City Council finds it in the beet interest of the City to
continue its participation in the Community Development Block Grant Program;
and
WHEREAS, the City of Tigard said Washington County have authority to enter into
agreements for the cooperative operation of service facilities under ORS
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1. The intergovernmental cooperative agreement with Washington
County for the Community Development Plock Grant Program for the period 1991-
93 is approved.
Section 2. The Mayor and City Recorder are hereby authorized to sign the
agreement with Washington County attached to this resolution as Exhibit "A".
PASSED: This day of 19g' t
ATTEST: ✓�- gayor - City of Tigard
%i
City Recorder - City refTigard
RESOLUTION NO. 90-
Page 1
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�ti�7i�,L t1
INTERGOVERNMENTAL AGREEMENT
WASHINGTON COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM YEARS 1991 - 19>3
This Agreement is entered into between Washington County
(County), e political subdivision of the State of Oregon, and
the City of -tLl.:i� (City), a municipal corporation
of the .State otoOregon within Washington County, for the
cooper.e=ion of units of local government under the authority of
ORS 190.010. It will become effective upon adoption by the
patties and will continue until terminated as provided herein.
The circumstances surrounding the making of this Agreement
are as follows:
A. Whereas, the Congress of the United States has enacted
the Housing and Community Development Act of 1974 ("The
Act"), the Housing and Urban - Rural Recovery Act of
1983, the Housing and Community Development Act of 1987;
and
B. Whereas, the Congress has found and declared that the
Nation's cities, towns and small. urban communities face
critical social, economic and environmental problems; and
C. Whereas, the Congress has further found and declared
that the future wel._'-are of the Nation and the well-bet:tg
of its cit.i7.ens depend on the establishment and
maintenance of viable urban communities as social,
economic and political entities; and
D. Whereas, the primary objective of the Act is the
development of viable urban communities, by providing
decent housing and a suitable living environment and
expanding economic opportunities principally for persons
of low and moderate income; and
E. Whereas, consistent with this primary objective, the
Federal assistance provided in the Act is for the
support of community development activities which are
directed toward the following specific objectives:
1. The elimination of slums, blight and the prevention
of bli-ghting Influences and the deteriorationof
property; the imovovement of neighborhood and
community facilities of importance to the welfare aE
the community, principally for persons of low and
moderate income;
2. The elimination of conditions which are detrimental
to health; safety and public welfare, through code
enforcement, demolition, Interim rehabilitation
assistance and related activities;
I.C.C.A. Revised 6/1/90
Cdr-co,,pagr
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Intergovernmental Agreement — page 2
1. The conservation a„d expansion of the Nation's
housing stock order to provide a decent home and i
a suitable living environment for all persons, but
principally those of low and moderate income;
4. The expansion and improvement of the quantity and
quality of community services, principally for
persons of low and moderate income, which are
essential for sound community development and for
the development of viable urban communities;
S. A more rational utilization of land and other
natural resources and the better arrangement of
residential, commercial, industrial, recreational,
and other needed activity centers;
6. The reduction of the isolation of !.ncome groups
within communities and geographical areas and the
promotion of an increase .in the diversity and
vitality of neighborhoods through the spatial
deconci:ntration of housing opportunities for persons
of lower income and the revitalization of
deterioration or deteriorated neighborhoods to
attract persons of higher income;
7. The restoration and preservation of properties of
special value for historic, architectural or
aesthetic reasons;
S. The alleviation of physical and economic distress
through the stimulation of private investment and
community revitalization in areas with population
outmigration or a stagnating or declining tae base;
and
9. The conservation of the Nation's scarce energy
resources, improvement of energy efficiency, and the
provision of alternative and renewable energy
sources, and
F. Whereas, it is found that certain of these objectives
are pertinent to the concerns and needs of the County
and its communities; and
G. Whereas, Title Z of the Act prorijes that urban counties
may, under some circumstances, receive entitlement for
community development funds in the same manner as largar
cities; and
H. Whereas, one of the criteria for urban county
eligibility is a county population of at least 200,000,
not including entitlement cities; and
Intergovernmental Agreewent - Page 3
I- Whereas the i�ounty desires to count the population of
the city in order to reach the necessary 200,000 minimum
population; and
J. Whereas, the Department of Housing and Urban Development
(HUD) has specified the minimum provisions which must be
included within any intergovernmental agreement into
which local governments enter to qualify for urban
county eligibility;
NOW THEREFORE, in consideration of the mutual promises made
herein and the mutual benefits received hereunder, the parties
agree as follows
1. The City and the County agree to cooperate to
undertake, or assist in undertaking, community
renewal and lower income housing assistance
activities, specifically urban renewal and public
assisted housing.
2. City and the County agree that County may prohibit
funding for activities in or in support of any
cooperating unit of general i_ocal government that
does not affirmatively further fair housing within
Its own Jurisdiction or that impedes the County' s
actions to comply with the fair housing
certifications made In acceptance of an entitlement
grant.
3. The City authorizes the inclusion of its population
for purposes of the Act; and Joins together with
other units of general local government to qualify
the County as an urban county for Housing and
Community Development Act block grant funds.
4. The County, as the applicant, assumes full
responsibility, including final decision-making, and
also assumes all obligations of an applicant as
specified in the Acts of 1974, 1983, 1987, and any
amendments thereto; and the regulations thereunder.
The County shall have authority to carry out
activities which will be funded from annual block
grants from Federal Fiscal Years 1991, 1992 and 1993
appropriations axrd from any program income generated
from the expenditure of such funds.
5. The City and County agree that program income shall
be subject to the following provislons:
a. The City agrees to inform the County of any
income generated by the expenditure of block
grant funds received by the City.
Intergovernmental Agreement - Page 4
b. The City agrees to pay such program income to
the County unless specifically authorized to
retain the program income subject to
requirements set forth in the Agreement.
C. The City agrees that any program income the City
is authorized to retain may only be used for
eligible activities in accordance with all block
grant requirements as may then apply.
d. The County, as the applicant, assumes the
responsibility for monitoring and reporting to
T-IUD on the use of any such program income and
also assures that the County will require
appropriate recordkeeping and reporting by the
City as may be needed for this purpose.
e. The parties agree that in the event of close-out
or change in status of the City, any program
income that is on hand or received subsequent to
the close-out or change in status shall be paid
to the County.
6. The City and County agree that real property that is
acquired or improved in whole or in part using block
grant funds and that is within the control of the
City shall be subject to the following provisions:
a, The City agrees to give timely notification to
the County of any modification or change in the
use of the real property from that planned at
the time of acquisition or improvement including
disposition.
b. The City agrees to reimburse the County in an
amount equal to the current fair market value
(less any portion thereof attributable to
.expenditures of non--block grant funds) of
property acquired or improved with block grant
funds that is sold or transferred far e. use
which does not qualify under the block use
regulations.
C. The City agrees to treat as program income those
E funds 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 County and
City.
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'Intergovernmental Agreement - Page 5
7. For the purposes of developing annual Housing and
Community Development Plans and Programs as required
by Title 1 of the Act, a policy board is hereby
continued which shallguide the plan and program
development, make recommendations to the County upon
the criteria to be utilized in selecting eligible
Housing and Community Development Act activities
within Washington County and recommend to the County
the program priorities.
a. Said policy board shall be composed of one
representative or a designated alternate from
each unit of general purpose government
executing these agreements. Each such
representative shall have one vote on said
board. Each such representative shall be a
public official or employee of said unit of
government.
b. Said policy board shall adopt bylaws, study,
review, hold public hearings, supervise the
public review and information process, and
recommend to Washington County on all matters
related to the Housing and Community Development
Act application.
C. That following public hearing, the policy board
shall make final recommendation on the Housing
and Community Development plan whichmay be
accepted by Washington County at public meeting
and submitted to the Department of Housing and
Urban Development as the Washington County
application; provided that, should all or part
of the recommended plan not be considered
acceptable to the County, the Board of County
Commissioners shall hold at least one (1) public
hearing on the plan and program prior to
rejection or amendment of the recommendred plan.
The County shall be responsible for ann.,:ally
filing Final Statements with HUD.
d. That projects may be implemented and funds
expended in accordance with subgrant agreements
between the County and other jurisdictions
signatory to this Agreement. Therefore, said
policy board may establish any legal method for
priority and funding designation so long as such
method conforms to the requirements of the Act.
intergovernmental. Agreement - Page 6
8. The County and City agree that pursuant to 24 CFR
570.501(b) the City is subject to the same
requirements ;-pplicable to all grant subrecipients,
including the requirements for a written agreement
as set forth ixi 24 CFR 570.503. The City shall be
required to have a written agreement, as set forth
in 24 CFR 570.503 with any third party to which the
City may disburse funds.
9. The County and City agree to take all acti^ns
necessary to assure compliance with the County's
certiftcatlon as required by Section 104(b) of Title
1 of the Housing and Community Development Pict- of
1974, as amende , including Title VI of the Civil
Rights Act of 1968, section 109 of Title I of the
Housing and Community Development Act of 1974, and
other applicable la-:s.
10. This Agreement shall remain in full force and effect
from the date of execution for the program years
commencing on July 1, 1991 through ,tune 30, 1994
inclusive, provided that the County qualified as an
urban county, and block grant funding is allocated
to the County, pursuant to the Act.
IN WITNESS WHEREOF. the undersigned parties have executed
this Agreement this day of 1990.
ON H- T. PE PYYfYN¢Y CITY ON BEHALF OF THE CITY
COVER V BODY OI CITY OF TICARD GOVERNING BODY OF THE CITY OF
By
Mayor City of Tigard
Title
July 23, 1990
Da to Da te—
I hereby find that the terms and provisions of this
Intergovernmental Agreement are fully authorized under the state
and local law and that 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.
Aa staTIT County Counsel. far
Washington County, Oregon