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HomeMy WebLinkAboutO-1990-1713 . . ORDINANCE NO. 1713 AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT FOR A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BY AND BETWEEN THE CITY OF LA PORTE, TEXAS AND HARRIS COUNTY 7 MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT7 FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW 7 AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The Mayor is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated7 and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 23rd day of July, 1990. AL ituL Cherie Blac~ City Secretary AP~D: ~ D~zV . Knox W. Askins City Attorney e e July 25, 1990 Mr. Walter L. Jones, Director Harris County community Development Agency 3100 Timmons Lane, suite 330 Houston, Texas 77027 Re: Cooperative Agreement with Harris County Dear Mr. Jones: Enclosed please find a certified copy of City of La Porte Ordinance 1713, adopted by the City Council on July 23, 1990. Also enclosed are a copy of City Manager Robert Herrera's letter to you dated July 16 which officially informed your agency that the City of La Porte wishes to enter into the cooperative agreement with Harris County to undertake or assist in community development and housing assistance activities, and two executed copies of the Agreement. Thank you for your cooperation in the past, and we look forward to working with you. If you have any questions, please contact me at 471-5020, ext. 221. Sincerely, Cherie Black City Secretary e e CITY OF L"A PORTE PHONE 1713,471.5020 . P.O.8ox 1115 . LAPORTE. TEXAS 77571 I ! I ?_? "- _//Z- ...-----C__-./ __-------C___/ __~__/-""t..._ __-------<."_----"7-- . .;~-L~-------L ---" -' .~...",-~: // July 16, 1990 Mr. Walter L. Jones Director Harris County Community Development Agency 3100 Timmons Lane, Suite 330 Houston, Texas 77027 Dear Mr. Jones: The purpose of this letter is to officially inform your agency that the City of La Porte has agreed to enter into a cooperative agreement with Harris County to undertake or assist in the undertaking of community development and housing assistance activities within our city for the next three fiscal years, 1991, 1992, and 1993. Al though this action was approved by the La Porte City Council during a regular Council session held on Monday, July 9, 1990 it has not been approved in the form of an ordinance. However, this item has been placed for consideration by Council at an upcoming Council meeting. Please inform me if any questions regarding this correspondance arise. Sincerely, Q~ T: ~~ Robert T. Herrera City Manager RTH:JB cc: Mr. R.D. smith, HOD, Office of Community Planning and Development ~ . e HARRIS COUNTY COMMUNITY DEVELOPMENT AGENCY 3100 TImmons Lane, Suite 330, Houston, Texas 77027. 626.5651 JON LINDSAY, Counly Judge WALTER l. JONES, Director June 19, 1990 The Honorable Norman Malone Mayor of La Porte 604 West Fairmont Parkway P. O. Box 1115 La Porte, Texas 77571 Dear Mayor Malone: Harris County is one of five Texas counties with sufficient population to qualify as an "urban county" and therefore receive a direct entitlement grant of Community Development Block Grant (CDBG) funds from the U. S. Department of Housing and Urban Development. In the past fifteen years, Harris County has received approximately 71 million dollars which have been used to build community centers, parks, streets, water, sewer and drainage improvements, and rehabilitate homes, within Harris County cooperative cities and umncorporated areas. A small percenta~e of funds also has been used for public services such as counseling, emergency shelter, medical transportation, and child care. Also, a CDBG- funded economic development corporation has made low interest loans to businesses agreeing to create jobs for low or moderate income persons. Attached for your information is a Fact Sheet describing the activities of the Harris County Community Development Agency which is responsible for planning and implementing CDBG activities. The amount of the entitlement grant received from HUD is based on the populatio~ age of housing and the percentage of low and moderate income persons living in the urban county service area. The service area is defined as all unincorporated areas of Harris County and those cities within the county which sign cooperation agreements (co-op cities). Your city is again requested to enter into a cooperation agreement with the County to undertake or assist in the undertaking of community development and housing assistance activities within your city for the next three fiscal years, 1991, 1992, and 1993. Signing this agreement would enable your city to request grant funds from Harris County for CDBG eligible projects, permit low or moderate income city residents to request low interest or deferred payment housing rehabilitation loans, and appropriate businesses to request low interest loans. Although CDBG funds are intended to directly benefit primarily areas of slum and blight and low and moderate income neighborhoods, they indirectly benefit Harris County and the surrounding area as a whole. Perhaps your city does not have areas in which a majority of the residents are of low and moderate Income (currently defined as a family of four earning less than $32,800) and would therefore be unlikely to qualify for an area project. However, individual low or moderate income families might still qualify for low interest housing rehabilitation loans, grants, or other direct benefit activities. Although there is no guarantee r~ The Honorable No~one June 19, 1990 Page 2 e that your city will actually receive funds, only by joining Harris County in a cooperation agreement can your city participate as a beneficiary of Harris County CDBG funds. If you do not join Harris County, you may exercise an option .to applr directly to the State Departnient of Commerce through the Houston-Galveston Area Counci for CDBG funds under the Small Cities program. The cooperation agreement will expressly state that the City and County agree to "cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing." There will be no provision for withdrawal or termination prior to the end of the three.year period. The cooperation agreement will also contain a provision prohibiting Harris County CDBG funding for activities in or in support of any cooperative city that does not affirmatively further fair housing within its own jurisdiction or that impedes the county's action to comply with its fair housing certification. The actual cooperation agreements will be forwarded to you no later than July 2, 1990. In order to meet HUD deadlines, you are requested to notity this office and HUD by July 16, 1990, of your decision to either be included or excluded as a cooperative city. If your city decides to be included as a cooperative city, the executed cooperation agreement must be returned to this office by August 3, 1990. We would be happy to meet with members of your staff or your City Council to further explain this opportunity. If you have questions, please have your designee contact Cinda Calderon, Manager of Planning and Program Development, at (713) 626-5651. Sinc ely, (...... J~I ef;fW~v Director ! r' WU:cc Attachment cc: Mr. R. D. Smith Office of Community Planning and Development Fort Worth Regional Office, Region VI P. O. Box 2905 Fort Worth, Texas 76113.2905 Attn: Ms. Linda Richards . 1161Bco6( wiD HARRIS COUNTY COMMUNITY DEVELOPMENT AGENCY 3100 Timmons lane, Suite 330, Houston, Texas 77027. 626-5651 JON LINDSAY, County Judge WALTER L. JONES, Director August 28, 1990 The Honorable Norman Malone City of La Porte 604 W. Fairmont Parkway P.O. Box 1115 La Porte, Texas 77571 Dear Mayor Malone: Re: 1991-1993 Cooperative City Agreement Attached for your files is an executed duplicate original of the cooperative agreement between your City and Harris County. We appreciate your cooperation and assistance and look forward to working WIth you. We will contact you later conce ning our needs assessment and funding processes. WU:cc Enclosure 082Ocoop 90-111.13 e e A G R E E MEN T THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ This Agreement, made and entered into by and between Harris County, a body corporate and politic under the laws of the State of Texas, hereinafter sometimes referred to as "County", and the City of La Porr~ , a municipal corporation under the laws of the State of Texas, hereinafter sometimes referred to as the "city." WIT N E SSE T H: WHEREAS, the City has elected to have its population included as a portion of that population of the County in the County's "urban county" application to the U. S. Department of Housing and Urban Development for the seventeenth, eighteenth, and nineteenth years funding for the Community Development Block Grant Program, said application being hereinafter sometimes referred to as the "Grant Application;" and WHEREAS, the County is willing to include all of the City's population in the Grant Application and to cooperate with the City in the implementation of the City's Community Development Program; and WHEREAS, the Texas Legislature has enacted the "Texas Community Development Act of 1975," codified as Chapter 373 of the Local Government Code, Tex.Rev.Civ.Stats., which provides, in part, for the authorization of cities to implement a community development program; and WHEREAS, the Texas Legislature has further enacted "The Interlocal Cooperation Act," codified as Art. 4413 (32c) , Tex.Rev.Civ.S?tats., which provides, in part, that the County may contract with the City to perform governmental functions and services for the City; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That the County, and the City, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: c... no. 26,552 e e I. The City agrees to allow the County to include the City's population in the Grant Application, and the County agrees to include the same in the Grant Application. II. The City agrees to allow the U. s. Department of Housing and Urban Development to use the City's population and other necessary demographic characteristics in the determination of whether the County will qualify as an "urban county" as defined in the Housing and community Development Act of 1974, as amended, and the rules and regulations promulgated pursuant thereto. III. The County and the City agree to cooperate in undertaking, or assisting in undertaking, community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing. IV. The City acknowledges that they are aware that the Grant Application has not yet been completed or submitted to the U. s. Department of Housing and Urban Development and that no determination has been made at the time of execution of this agreement as to where and for what purposes the seventeenth, eighteenth and nineteenth years funding, if any, for the Community Development Block Grant Program will be sought or expended. In this regard it is agreed that Harris County shall not be obligated to seek funds for expenditure in the City or for assistance to residents of the City in the Grant Application. If such funds for expenditure in the City or for assistance to its residents are awarded as a result of the Grant Application, the County may, in its sole discretion, override such distribution of the award and spend such funds elsewhere and/or for other purposes when necessary or desirable in order to achieve compliance with Title I of the Housing and Community Development Act of 1974, as amended, and all appropriate implementing regulations applicable thereto. The City has received no assurance, written or oral, from the County to the contrary, and is aware that the execution of this contract does not consti tute any guarantee on the part of the County that funds received pursuant to the Grant Application, if any, will be expended for projects within the City limits of the City or for assistance to the residents of the City. 2 , . e e V. This agreement shall remain in full force and effect for the entire seventeenth, eighteenth and nineteenth years funding period covered by the Grant Application (July 1, 1991 through June 30, 1994), and for such additional time as may be required for the expenditure of funds granted to the County for such period. The City acknowledges that they have been advised and are aware that federal regulations applicable to the Grant Application do not permit the County to allow the City to withdraw from this agreement or otherwise terminate this agreement at any time during this period. VI. In the performance of this Agreement, county and all cooperating units of general local government executing this Agreement agree to take all actions necessary to assure compliance with 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. The City agrees and understands that Harris County is prohibited from funding activities in or in support of any cooperating city that does not affirmatively further fair housing within its own jurisdiction or that impedes Harris County's actions to comply with its fair housing certification. VII. The City 570.501(b), it SUb-recipients, set forth in 24 agrees and understands that pursuant to 24 CFR is subject to the same requirements applicable to including the requirement of a written agreement as CFR 570.503. VIII. Should the U. S. Department of Housing and Urban Development reject or refuse to accept this agreement for any reason, the County may terminate this agreement by giving written notice of the same to the City. IX. The government County and executing all this cooperating units of general local agreement agree that the County has 3 authority to carry out activities which will be 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. x. This agreement shall be of no force and effect unless and until it is executed by both parties hereto and certified by counsel for all parties hereto on the forms set forth below. IN TESTIMONY WHEREOF, this instrument has been executed in triplicate originals, each to have the force and effect of an original as follows: IN WITNESS WHEREOF this instrument in duplicate originals, has been executed by the parties hereto as follows: a. It has bee~ executed on behalf of Harris County on the :.;1.\ ~ day of 0 Ll rD~A(~ ,1990, by the County Judge of Harris Count and attested by the County Clerk of Harris County pursuant to an order of the Commissioners Court of Harris County authorizing such execution; b. It has been executed of the city on the .13AL day of , 1990, by its Mayor and attested bit ci ty Secretary, pursuant to ordinance of the City Council of the City authorizing such execution. ATTEST: ANITA RODEHEAVER, County Clerk HARRIS COUNTY B~~~ KEVIN MAUZY, Deputy Cou t lerk By (lJ~/ it~ City Secretary CI~ / , / ~'/ i/ '1 " i!&m~/ ~.~ Mayor - ATTEST: 4 CERTIFICATE OF CITY ATTORNEY I have examined the foregoing Agreement, and as City Attorney of the City named therein, I certify that the terms and provisions of this Agreement are fully authorized under state and local law applicable to the City (including but not limited to the City's Charter and Ordinances). ~L.'I ~5", )910 ~-0~ city Attorney Date CERTIFICATE OF COUNTY ATTORNEY, HARRIS COUNTY, TEXAS I have examined the foregoing Agreement, and as statutory civil counsel to the County named therein, I certify that the terms and provisions of the Agreement are fully authorized under state and local law, and that this 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. To the extent that this certificate relates the state and local law applicable to the City (including but not limited to the City's Charter and Ordinances), this certificate is given in total reliance upon the foregoing certificate of City Attorney and the undersigned disclaims any responsibility or liability for the City Attorney's and the errors or omissions, if any, in making such certificate. MIKE DRISCOLL County Attorney M 3/, /1 ftJ Dale t2?U~)p ~ M. ANDERSEN stant County Attorney 5 ORDER THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ On this the d-Ia day of Ou.-~ 1990, the commissioners Court, sitting as the governing body of Harris County, Texas, at XJLSL a regular meeting, upon motion of Commissioner , seconded by Commissioner ~ , duly put and carried, IT IS ORDERED that the County Judge Jon Lindsay be, and he is hereby, authorized to execute, and Anita Rodeheaver, County Clerk, is hereby authorized to attest, for and on behalf of Harris County, an Agreement between Harris County, and the City of La Porte for the purpose of cooperating in the County's Community Block Grant Application for the seventeenth, eighteenth and nineteenth years funding, which Agreement is hereby referred to and made a part hereof for all purposes as though fully set out herein. PRESENTED TO Commissioners CcU1 AUS 2 1 1990