Resolution No. 93-25 CITY OF TIGARD,OREGON
RESOLUTION NO.93-_aa
a
A RESOLUTION OF THE TIGA_RD CITY COUNCIL A-pPROVING AN
INTERGOVERNMENTAL COOPERATION AGREEMENT WITH WASHINGTON COUN'T'Y
FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND
AUTHORTMING ME MAYOR AND CITY RECORDER TO SIGN THE AGREEMENT,
WHEREAS, Community Development,Block Grant (CDBG) funds are provided by the
federal Department of Dousing and Urban Development and may be used to support a wide
range of housing and community development projects; and
WHEREAS, in order to receive these funds a consortium of the County's cities and
unincorporated areas was established in 1979 through intergovernmental agreements;and
VyIRr�
�,.� a,The City has participated in this consortioum since its establishment;and
WHEREAS,during this period the City has received approximately one million dollars in
CDBG funds for projects benefitting Tigard's low and moderate income residents;and
WHEREAS,the City's current intergovernmental cooperation agreement--A-+h Washington
county for this program will expire this year; and
` WHEREAS, the City Council finds it in the best interest of the City to continue its
participation in the CDBG program;and
WHEREAS,the City and Washington County have authority to enter into agreements for
the cooperative operation of service facilities under ORS 190.010:
NOW, THEREFORE,BE IT RESOLVED by the Tigard City Council that:
Section 1: The intergovernmental cooperation agreement with Washington County
for the CDBG program for the period 1994-97 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".
RESOLUTION NO. 93-25
Page 1
NOW
PASSED: This.2r?day o&Lle. 2993
r
Mayor- City of Tigard
ATTEST:
bo
City Recorder-City of Tigaild
LPI l Oy're A-S TO FORMT
L`ity Recorder
G lza/4'3
Date
RESOLUTION NO. 93-.;2-1 !;-
RESOLUTION
3-.;2-1SRESOLUTION NO. 93- 2-5-
Page
3- 2-Page 2
INTERGOVERNMENTAL AGREEMENT
WASHINGTON COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM YEARS 1994-1997
This Agreement is entered into between Washington
County ("COUNTY"), a political subdivision of the State of
Oregon, and the City of —TTgarc$ ("CITY") , a municipal
corpo� ation of t!,o Ctate .-.€-!.•re•...... 1..V4 ye :thin Washington
County, for the cooperation of units oflocal government under
the authority of ORS 190.010.
1. Rs.FrTTAT�S
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, the National
Afforclable Housing Act of 1990; and
WHEREAS Congress has declared that the nation's
cities, towns and small urban communities face critical social,
economic and environmental problems; and
WHEREAS, Congress has further found and declared that
the future welfare of the Nation and the well being of its
citizens depend on the establishment and maintenance of viable
urban communities as social, economic and political entities;
and
WHEREAS the primary objective of the Act(s) 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
WHEREAS the parties to the agreement are dedicated to
the eli urination of slumis, blight and the prevention of
blighting influences and the deterioration of property; the
improvement of neighborhood and community facilities of
importance to the welfare of the community, principally for
persons of low and moderate income;
WHEREAS the parties are dedicated to the elimination
of conditions which are detrimental to health, safety and
public welfare, through code enforcement, demolition, interim
rehabi 1 itation assistance and related activities;
r
INTERGOVERNMENTAL AGREEMENT Page 1 of 7
WHEREAS the parties are dedicated to the conservation
and expansion of existing public housing stock in order to
provide a decent home and a suitable living environment for all
persons but principally those of low and moderate income;
WHEREAS the parties are dedicated to the expansion
and improvement of 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;
WHEREAS the parties are dedicated to a more rational
utilization of land and other natural resources and the better
arrangement of residential, commercial, industrial,
recreational, and other needed activity centers;
WHEREAS the parties are dedicated to the reduction of
the isolation of income groups within communities and
geographical areas and the promotion of an increase in the
diversity and vitality of neighborhoods through the spatial
deconcentration of housing opportunities for persons of lower
income and the revitalization of deterioration or deteriorated
neighborhoods to attract persons of higher income;
WHEREAS the parties are dedicated to the restoration
t and preservation of properties of special value for historic,
architectural or aesthetic reasons;
WHEREAS the parties are dedicated to 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 tax base;
and
WHEREAS the parties are dedicated to the conservation
of the Nation's scare energy resources, improvement of energy
efficiency and the provision of alternative and renewable
energy resources;
WHEREAS the parties desire to join together to meet
the criteria for an urban county in order to qualify to receive
funds to meet each of these national objectives.
NOW THEREFORE, in consideration of the mutual promises and
benefits given and received within this agreement, the parties
agree to each and every term contained below:
INTERGOVERNMENTAL AGREEMENT
Page 2 of 7
�Fa�a:®__' ��.aQe�
ARM
II. MUTUAL COVENANTS
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. The parties agree that this agreement
CDBG Entitlement covers both the
partnershipprogram and the HOME Investment
program.
3• The parties agree to take all actions -
Gevary 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
tle I of the Housing and Community Development Act
Of 1974, and other applicable laws.
4• Both parties agree that the County has the final
responsibility for selecting CDBG and HOME activities
and annually filing the Final Statement with HUD.
III. CITY COVENANTS
1. The City expressly agrees that as the cooperating
p unit of general local government it has adopted and
is enforcing the following requirements of law:
1.1 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
1.2 A policy of enforcing applicable State and local
laws against
exit from a physically� barring entrance to or
facility or location which is the
subject Of such non-violent civil rights
demonstrations.
2• The City agrees that it is subject to the same
requirements applicable to subrecipients
24 CFR 570.501(b) . set forth in
INTERGOVERNMENTAL AGREEMENT
Page 3 of 7
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MANN A!
3. The City agrees that in order to participate as a
subrecipient under the terms of this agreement it
shall enter into a contract as required by 24 CFR
5570.503.
4. The City agrees that the County as the recipient is
- responsible for ensuring that CDBG and HOME funds are
used in accordance with all program requirements.
The County as recipient is responsible for
det-ermining the adequacy of per=ormance under
subrecipient agreements.
5. 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.
6. The City agrees it may not apply for grants under the
Small Cities or State CDBG programs from
appropriations for fiscal years during the period in
which it is participating in the County's CDBG
program.
f 7. The City agrees it may not participate in a HOME
Consortium except through the County, regardless of
whether the County receives a HOME formula
allocation.
IV. TERM OF AGREEMENT
1.0 This Agreement shall remain in effect for three
Fiscal Years commencing July 1, 1994, and ending June
30, 1997, which shall constitute the urban county
qualification period.
2.0 This Agreement shall remain in effect until the CDBG
and HOME funds and income received within the term of
this agreement are expended and the funded activities
completed.
3.0 The Agreement shall be automatically renewed for
participation by the parties for successive three
year qualification periods unless ei'her party
provides written notice to the other that it elects
not to participate in the new qualification period.
The parties agree to send any such notice to the HUD
Field Office at 520 S.W. Sixth Avenue, Portland,
Oregon 97204, upon such election.
INTERGOVERNMENTAL AGREEMENT Page 4 of 7
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room
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3.1 The urban county shall send a written
notice to the City advising of the City's
right to elect to participate in the next
automatic urban county qualification
period. The County shall send the notice
to the City by the date specified in HUD's
urban County Qualification Notice for the
next qualification period. County shall
send a copy of the notice to HUD.
3.2 The failure by either party to adopt an g
amendment to this agreement incorporating I
all changes necessary to meet the
requirements for cooperation agreements set
forth in the Urban County Qualification
Notice applicable for any s17bsequent three-
year urban county qualification period, and
to submit the amendment to HUD as provided
in the Urban County Qualification Notice
will void the automatic renewal of
subsequent qualification periods set forth
in Section IV. 3 above.
V. TERMINATION
1. This Agreement may be terminated by the County in the
event funding is no longer available; otherwise,
neither party may terminate or withdraw from the
agreement while the agreement remains in effect.
VI. ENFORCEMENT
1. The County is responsible for ensuring that CDBG and
HOME funds are used in accordance with all program
requirements. The County may use any available
legal methods to ensure compliance by the City.
2. The County is also responsible for determining the
adequacy of performance under all applicable
subrecipient agreements and procurement contracts and
for taking appropriate action when performance
problems arise, such as action described in 24 CFR
§570.910. The County may use any available legal
methods to ensure compliance by the City.
3. The County shall not distribute any CDBG or HOME
// funds for activities in or in support of the City if
INTERGOVERNMENTAL AGREEMENT Page 5 of 7
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the City does not affirmatively further fair housing
within its own jurisdiction or acts in a manner that c
impedes the county's actions to comply with its fair
housing certification.
Vim. POLICY BOARD
For the purposes of developing an annual Community Development
Piar, and Programs as required by Title I of the Act, a policy
board is hereby continued which shall guide 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.
1. The Policy Board shall be composed of one
representative and a designated alternate from the
County and each participating unit of general local
government. The County and City shall have one vote
on the board. City Representatives shall be a public
official or employee of each unit of general local
government.
2. The 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.
3. After public hearings, the Policy Board shall make
final recommendation on the Housing and Community
Development plan which may 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 recommended plan. The County shall
be responsible for annually filing Final Statements
with HUD.
4. Projects may be implemented and funds expended in
accordance with subgrant agreements between the
County and other jurisdictions signatory to this
Agreement.
' INTERGOVERNMENTAL AGREEMENT Page 6 of 7
- -9
PAR
1. VIII. CERTIFICATION
The parties by the signatures below certify that the
governing body of each party has authorized entry into this
agreement.
IN WITNESS, the undersigned parties have executed this
Agreement this day of , 1993. EI
WASHINGTON COUNTY CITY OF
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By By /C �
Chair, Board of Washington
County Commissioners
Title
Date
a
Recording Secretary
t
Date
I certify 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.
Michelle R. Burrows; OSB #P6160
Sr.. Assistant County Counsell for
Washington County, Oregon-`
lf. NRB\C00PAGR.CDsb41593
INTERGOVERNMENTAL AGREEMENT Page 7 of 7
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