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HomeMy WebLinkAboutDocumentation_Regular_Tab 11E_6/13/1996 w � . MEMORANDUM: TO: Thomas G. Bradford, Village Manager • FROM: Scott D. Ladd, Building Official DATE: June 4, 1996 SUBJECT: Resolution authorizing approving an interlocal cooperation agreement between Palm Beach County and the Village of Tequesta. Tom, attached are eighteen [18] sets of packets for the above referenced subject . The Village of Tequesta has been participating in this cooperative effort with Palm Beach County for a number of years now. This agreement, at the present time, is of more value to Palm Beach County than to the Village due to the fact that the Village has never been able to meet the tests for being eligible to receive funds under the programs described in the agreement, however, the County is able to obtain a larger amount of funds from the Federal Government by adding the Villages population to the funding request . Please place this item on an upcoming council agenda. Thanks . • RESOLUTION NO. 27 - 95/96 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING AN INTERLOCAL COOPERATION AGREEMENT BETWEEN PALM BEACH COUNTY AND THE VILLAGE OF TEQUESTA FOR COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIPS PROGRAM. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Interlocal Cooperation Agreement Between Palm Beach County and the Village of Tequesta for Community Development Block Grant and Home Investment Partnerships Program, attached hereto as Exhibit "A" and incorporated by reference as a part of this Resolution, is hereby approved, and the Mayor and Village Manager of the Village are authorized to execute the same on behalf of the Village of Tequesta. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember , who moved its adoption. The motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows : FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Resolution duly passed and adopted this 13th day of June, A.D. , 1996. MAYOR OF TEQUESTA Ron T. Mackail ATTEST: Joann Manganiello Village Clerk Village of Tequesta MAY 23199 41 Rim. Village Manager's Office May 21, 1996 Mr. Thomas G. Bradford, Village Manager Housing&Community Village of Tequesta Development Department 3323 Belvedere Road 357 Tequesta Drive Building At 501 Tequesta, Florida 33469 West Palm Beach,FL 33406 Re: URBAN COUNTY QUALIFICATION PROCESS— 1996 • Dear Mr. Bradford: I am writing this letter in an effort to urge your community to participate in Palm pal"'Beach County Beach County Housing and Community Development's (HCD's) Urban County so:traty Commissioner Program. As you may be aware, Palm Beach County receives Community Development Block Grant(CDBG)funds from the U.S. Department of Housing and Ken L.Foster,Chairman Urban Development (HUD) for the purposes of undertaking essential community Burt Aaronson,Vice Chairman development and housing assistance related activities throughout the County. Karen T.Marcus Municipalities which choose to participate in the CDBG Urban County Program will Carol A.Roberts be included in population totals which are utilized to assist in determining the amount Warren H.Newell of CDBG grant funds Palm Beach County is entitled to receive. If your municipality Mary,McCarty elects to participate in the Urban County Program,it would be specifically for CDBG Program Fiscal Years 1997, 1998, and 1999. Maude Ford Lee Execution of a cooperation agreement by your municipality will allow the County to County � r implement community development activities within your jurisdiction, should the local Admingovernment desire to apply for funding. These activities may include housing Robert Weisman.PE. rehabilitation, emergency housing assistance, capital improvement related projects, and economic development initiatives. Enclosed are five(5)Interlocal Cooperation Agreements for approval and execution by your governing officials. If necessary, HCD staff will be made available for attendance at a municipal Council or Commission meeting in an effort to answer specific questions. Please note that in addition to the five(5)original executed Agreements, we will need evidence that the municipal Council or Commission has authorized the Agreement in the form of a certified Resolution, or a conformed copy of the Minutes from the meeting at which it was approved. These should be original documents with the actual signatures and raised seal as appropriate. We must submit this documentation to the U.S. Department of Housing and Urban Development(HUD)by July 12, 1996. We are therefore requesting that you schedule this item for approval by your Council or Commission during the months of May or June. 'An Equal Opportunity Affirmative Action Employer' r5 printed on recycled paper Thank you for your assistance in this endeavor. If you have any questions or need further information as it relates to the Urban Qualification Process, please do not hesitate to contact Chauncey L. Taylor II, Manager Planning at(407) 233-3617, or Douglas R. Pugh; Senior Planner at(407) 233-3607. Sincerely, Remar M. Harvin, Director Housing and Community Development ccs: William Wilkins, Assistant County Administrator, PBC Elena M. Escovar, Principal Planner, PS, HCD Douglas R. Pugh, Senior Planner, PS, HCD Charles L. Bender III, Planner II, PS, HCD Ref: a:\urbanqua\tequesta.wpd File: urban qualification process 1996 clb\clb the Or 13 INTERLOCAL COOPERATION AGREEMENT BETWEEN PALM BEACH COUNTY AND VILLAGE OF TEQUESTA THIS INTERLOCAL AGREEMENT made and entered into this day of , 1996, by and between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and Village of Tequesta, a municipality duly organized by the laws of the State of Florida, hereinafter referred to as the "MUNICIPALITY". WHEREAS, the parties hereto have the common power to perform Community Development Block Grant (CDBG) and Home Investment Partnerships Program (HOME) activities within the COUNTY, said common powers being pursuant to Section 125.01, Florida Statutes, and Chapter 163, Part III, Florida Statutes; and WHEREAS, it is mandated by Title I of the Housing and Community Development Act of 1992, that a county must enter into Interlocal Cooperation Agreements with municipalities in its jurisdiction for the purposes of implementing CDBG activities within said municipalities; and WHEREAS, these Interlocal Cooperation Agreements are also required to implement HOME under Title II of the National Affordable Housing Act of 1990; and WHEREAS, the COUNTY desires to join with municipalities in order to carry out the planning and professional services necessary to implement the CDBG and HOME Programs during Federal Fiscal Years 1997, 1998 and 1999; and WHEREAS, the COUNTY and MUNICIPALITY agree to cooperate to undertake or assist in undertaking community development and housing assistance activities, specifically urban renewal and publicly assisted housing; and WHEREAS, the COUNTY and MUNICIPALITY wish to cooperate in the implementation of the goals and objectives of the COUNTY'S Consolidated Plan, as approved by the U.S. Department of Housing and Urban Development; and WHEREAS, the MUNICIPALITY desires to cooperate with the COUNTY for the purpose of implementing the Community Development Block Grant and HOME Programs. INTERLOCAL COOPERATION AGREEMENT FEDERAL FISCAL YEARS 1997, 1998 AND 1999 PAGE 2 NOW, THEREFORE, the parties hereby agree as follows: 1. The COUNTY and the MUNICIPALITY will cooperate. so that the COUNTY may expend C08G and HOME funds for eligible activities within the MUNICIPALITY during Federal Fiscal Years 1997, 1998 and 1999 (including program income generated from expenditure of such funds) under Title I of the Housing and Community Development Act of 1992, and Title II of National Affordable Housing Act of 1990, and receive funds under these Acts. 2. The COUNTY and the MUNICIPALITY will cooperate to undertake or assist in undertaking, community renewal and .lower income housing assistance activities, specifically urban renewal and publicly assisted housing. 3. With the MUNICIPALITY'S assistance, the COUNTY will prepare a Consolidated Plan as required by the U.S. Department of Housing and Urban Development (HUD). The COUNTY will undertake or assist in undertaking all professional and administrative services necessary to prepare said application and other necessary documents, and the COUNTY will agree to take full responsibility and assume all obligations of an applicant under the Housing and Community Development Act of ' 1992. The COUNTY and the MUNICIPALITY agree that the COUNTY is hereby allowed to undertake or assist in undertaking essential community development and housing assistance activities within the MUNICIPALITY; however, the COUNTY has final responsibility for selecting activities and annually submitting the Consolidated Plan to Housing and Urban Development. 4. The MUNICIPALITY and the COUNTY will take all actions necessary to assure compliance with the urban county's certifi- r^t n1 requirek.: '' r 7c3rtir7 1n4f.h1 of Title . I, of the Housings and Community Development Act of 1974 as amended, including Title VT of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, The Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974, The Americans with Disabilities Act of 1990, and other applicable laws. INTERLOCAL COOPERATION AGREEMENT FEDERAL FISCAL YEARS 1997, 1998 AND 1999 PAGE 3 5. The MUNICIPALITY, by executing this Agreement, understands that it may not apply for grants under the Small Cities or State CDBG Programs from appropriations for Fiscal Years 1997, 1998 and 1999; and may not participate in a HOME consortium except through the COUNTY. 6. The MUNICIPALITY has adopted and is enforcing 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 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 their jurisdiction. The COUNTY shall not use CDBG or HOME funds for activities in or in support of any MUNICIPALITY that does not affirmatively further fair housing within its own jurisdiction or that impedes the COUNTY'S actions to comply with its fair housing I� certification. 7. The COUNTY, through its Department Housing and Community Development, shall assist the MUNICIPALITY in undertaking all professional and administrative services necessary for the purposes of implementing CDBG or HOME activities, including preparation of all applications and other necessary documents, planning and other administrative activities, as required. 8. Pursuant to 24 CFR 570.501(b), the MUNICIPALITY is subject to the same requirements applicable to subrecipients, including the requirements for a written agreement described in 24 CFR 570.503. c The MIINICTRalTTY ,hall 5e responsible for notif ; : th, COUNTY of any modification and/or change in the use of any real property (from that planned at the time of acquisition or improve- ment, including disposition) acquired or improved in whole or in part with CMG or HOME funds that is within control of the MUNICIPALITY. Notification of the COUNTY shall take place within ten (10) days of said modification or change. INTERLOCAL COOPERATION AGREEMENT FEDERAL FISCAL YEARS 1997, 1998 AND 1999 PAGE 4 In the event that said real property as described above is sold, conveyed or transferred after the time of acquisition and/or improvement, and said real property is sold, conveyed or trans- ferred for usage, which does not qualify as eligible under CDBG or HOME regulations, the COUNTY shall be reimbursed in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non-CDBG or non-HOME funds) of the property by the MUNICIPALITY. In the event of a close-out or change of status of the MUNICIPALITY, termination of this Agreement, or disposition and/or transfer of any property improved or acquired with CDBG or HOME lid funds, the COUNTY shall be reimbursed by the MUNICIPALITY any !i program income generated prior to or subsequent to said close-out, termination or change of status. 10. The COUNTY and the MUNICIPALITY will comply with the Consolidated Plan and the implementing program as outlined in the annual Consolidated Plan submission which governs the expenditure of CDBG and HOME funds. 11. This Agreement shall give the COUNTY authority to carry out activities which will be funded from annual appropriations of CDBG, and HOME entitlement funds and program income through Federal Fiscal Year 1997, 1998 and 1999. The Agreement shall remain in effect until all CDBG, HOME funds and any program income received are expended, and the funded activities are completed, and that the COUNTY and MUNICIPALITY may not terminate or withdraw from the Agreement while it remains in effect. 12. This Agreement is contingent upon the COUNTY'S qualification as an "urban county" and award of funds under the Housing and . Community Development Act of 1974. J1 _ 1 INTERLOCAL COOPERATION AGREEMENT FEDERAL FISCAL YEARS 1997 1998 AND 1999 PAGE 5 13. Any prior agreements or contracts regarding the duties and obligations of the parties enumerated herein are hereby declared to be null and void. IN WITNESS WHEREOF, the parties hereto have caused this Agreement Ii� to be executed by their duly authorized officials. 4JNICIPALITY ATTEST: Mayor City Clerk it City Manager (If Applicable) (SEAL) COUNTY IAPPROVED AS TO FORM AND PALM BEACH COUNTY, FLORIDA, BY ITS '� LEGAL SUFFICIENCY BOARD OF COUNTY COMMISSIONERS j Tammy K. Fields Ken Foster, Chair Assistant County Attorney Board of County Commissioners ATTEST: (SEAL) DOROTHY H. WILKEN, CLERK By: Deputy Clerk it Ref:AGREE306/CI • II DRP/lh 5/15/96 �, i } INTERLOCAL COOPERATION AGREEMENT FEDERAL FISCAL YEARS 1997, 1998 AND 1999 PAGE 6 LEGAL CERTIFICATION BY PALM BEACH COUNTY As Legal Counsel for Palm Beach County, I hereby state that the terms and provisions of this Agreement are fully authorized under State and local law, and that the Agreement provides full legal authority for the County to undertake nr assist in undertaking essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing. Tammy K. Fields, Asst. County Attorney Palm Beach County • I� . 4 joiselt Village of Tequesta May 23, 1996 J U N 0 6 1996 • y Honorable Ron T. Mackail, Mayor Village Manager's Office Village of Tequesta 357 Tequesta Drive Housing a.Community Tequesta,Florida 33469 Development Department 3323 Belvedere Road De all: Building#501 West Palm Beach,FL 33406 Re ntly your Town received a request from Palm Beach County Housing and Community Development (HCD) to renew your participation in the County's Community:Development Block Grant(CDBG)Program. As your District County • Commissioner,I ask you to give this request serious consideration. Palm Beach County As County staff has indicated,your Town's participation has allowed the County to Board of COunty utilize the Town's population totals in the overall Urban County Qualification Commissioners process, thereby increasing the County's grant award for activities benefitting its Ken L.Foster,Chairman most distressed areas. In addition, execution of this agreement will allow the Town Burt Aaronson.Vice Chairman to continue receiving an important benefit;specifically,the ability to list participation in the County's Program in the Housing Element of the Town's Comprehensive Plan. Karen T.Marcus Carol A.Roberts In the past, some municipal officials have expressed fears that the County will Warren H.Newell unilaterally impose low-income housing projects on their municipality. However, the experience of your Town and other participating municipalities indicates that Mary McCarty such fears are unfounded. It has always been County policy that proposals for the Maude Ford Lee use of CDBG funds within a municipality are not accepted without the consent of the municipality's governing body. Augmenting that,the County's funding procedures ensure that municipalities which are requesting funds have the opportunity to set County Administrator program priorities within their boundaries. Robert Weisman,P.E. I urge your Town to renew its participation in this program by approving the agreement, as this will promote mutually beneficial intergovernmental cooperation between the ounty and the Town. Thank you for your assistance in this matter. Sinc•rel 6.4 H no Ible Karen T. Marcus P:C Co issioner,District 1 ccs: William Wilkins, Assistant County Administrator, PBC Remar M. Harvin, Director, HCD, PBC 'An Equal Opportunity Affirmative Action Employer- Ref: a:\urbanqua\commissi\mayors\tequesta.wpd t)printed on recycled paper