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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 1 �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 i 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. i i '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