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HomeMy WebLinkAboutR-1977-08 e e '.. RESOLUTION NO. 77-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LA PORTE AUTHORIZING AND APPROVING A COOPERATION AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE FOR THE 1978 COMMUNITY DEVELOPMENT BLOCK GRANT. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: Section 1. The City Commission of the City of La Porte hereby approves, and authorizes the execution on behalf of the City of La Porte by its Mayor and its City Clerk, of a Cooperation Agreement between Harris County and the City of La Porte for the 1978 Community Development Block Grant. Section 2. A true and correct copy of said Agreement is attached to this Resolution as Exhibit "A", incorporated . by reference herein and made a part hereof for all purposes. Section 3. The Mayor of the City of La Porte is authorized to execute said Agreement on behalf of the City of La Porte, and the City Clerk of the City of La Porte is authorized to attest said Agreement. PASSED AND APPROVED this 5th day of December, 1977. CITY OF LA PORTE ~-1:0"'-::1- J. J. Meza, Mayor .. ATTEST: ~~~ Ci ty Cl~k APP~VED: 1t/ dJ c~rneY . e e .. COMMUNITY . DEVELOPMENT A'-ENCY 4625 NORTH FREEWAY, SUITE 330 U HOUSTON, TEXAS 77022 713/692-6385 JON LINDSAY COUNTY JUDGE LESTER A. SIMON DIRECTOR December 14, 1977 The Honorable J.J. Mesa City of La Porte P.O. Box 1115 La Porte, Texas 77571 Dear Mayor Mesa: '. Enclosed is your completed copy of the FY-78 Cooperation Agreement with Harris County. An original copy has been forwarded to the HUD-Dallas area office in compliance with the December 15, 1977 deadli,ne. We thank you for the time and effort involved by your staff and City Council in completing the necessary procedures. Our Planning Division will meet with you and assist in the identification of needs in your low income target areas. Please call us at your earliest convenience to set up an appointment between Dorothy Davison, who is our Chief Planner, and a member of your staff. Initial project information is required before the first of January. We look forward to working with you. . Sincerely yours, f:s;!~~~~ Director LS/wc ...., . . RCB:de . e 10-13-77 e # 13,580-N ' , ~ \. .... . '. AGREEMENT COUNTY OF HARRIS ) ) ) THE STATE OF TEXAS 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 referred to as the "County," and The City of La Porte , a municipal corporation under the laws of the State of Texas, hereinafter referred to as the "City," WIT N E SSE T H: WHEREAS, the City has elected to have its population included as a portion e, of the population of the County in the County's "~rban county" application to the U. S. Department of Housing and Urban Development for the fourth year 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 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 Art. 1269t-4 Tex.Rev.Civ.Stats., which provides, in part, for the authoi"!zaL'Lon 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.Stats., 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: I. The City agrees to allow the County to include the City's population with that of the County in the Grant Application, and the County agrees to include the same . in the Grant Application. . . . " e e 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, essential community development and housing assistance activities. specifically urban renewal and publicly assisted housing. IV. The City acknowledges that it is 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 fourth year funding, if any. for the Community Development Block Grant Program will be sought or expended. In this regard it is agreed that the 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 descretion, override such distribution of the award and spend such funds elsewhere, and/or for other purposes when necessary or desireable 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 constitute 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. V. This agreement shall remain in full force and effect for the entire fourth year funding period covered by the Grant Application (July 1, 1978 through June 30, . 1979). The City acknowledges that it has been advised and is aware that federal .. e . . regulations applicable to the Grant Application do not pel'mit the County to allow the City to withdraw from this agreement or otherwise prior terminate the term of this agreement at any time after December 1, 1977. , VI. In performance of this agreement, the City and the County shall observe and comply with all applicable Federal, State, County and City statutes, ordinances, rules and regulations. VII. 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 City. VIII. This agreement shall be of no force and effect unless and until it is executed by both parties hereto and certified by counsel for both parties hereto on the forms set forth below. IN TESTIMONY WHEREOF, this instrument has been executed in triplicate' counterparts, each to have the force and effect of an original as follows: -d': (a) It has been executed on behalf of the County on the 2 r cay of '-1f~~ 1977, by the County Judge of the County and attested by the County Clerk of tJie County pursuant 'LQ an order of the Commissioners Court of the County authorizing such execution; and .' (b) It has been executed on behalf of the City on the 24 day of October , 1977, by its Mayor and attested by its City Secretary, pursuant to ordinance of the City Council of the City authorizing such execution. ATTEST: R. E. Turrentine, Jr., County Clerk COUNTY ATTEST: . .,./i--"""_ . ~_--:,.~.... 4 /~- - By .' ....... Ci ty Secretary CITY ~ -uy ~-- Mayor J., J. l,1:eza .., .. e e - ., ~ . . . .e CERTIFICATE OF CITY ATTORNEY Date ,/~ - 01.1 - ~7 CERTIFICATE OF COUNTY ATTORNEY _ 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. To the extent that this certificate relates to 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 errors or omissions, if any, in making such certificate. JOE RESWEBER County Attorney j) Oil ~Of) / '(77 Date By ASSl . . . . . . ~ . ,- . . . ,. .. . ORDER THE STATE OF TEXAS ') ) COUNTY OF HARRIS ) .:zz On this, the ~ f' day of ~~77, the Commissioners Court of Harris County, sitting as the governing body of Harris County, Texas, being convened at a regular meeting of the Court. upon motion of Commissioner ~ seconded by Commissioner ~~ duly put and carried. IT IS ORDERED that Jon Lindsay. County Judge of Harris County. be, and he is hereby. authorized to execute. and R. E. Turrentine. Jr.. 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 fourth year funding, which Agreement is referred to and made a part hereof for all purposes as though fully set out herein. THE STATE OF TEXAS ) ) COUNTY OF HARRIS ) .., I. R. E. TURRENTINE, JR., County Clerk and Ex Officio Clerk of the Commissioners Court of Harris County. Texas, do hereby certify that the above and foregoing is a true and correct copy of an Order made and entered by the ~missioners Court in regular session on the .2 ~.::z:;c day of ~977. as, it appears of record in the Minutes of said Court. Vo ume Y' ~ . page -. . . GIVEN UNDER MY HAND AND SEAL OF OFFICE. this the ..< {? ~ay of ~~.9 '7-1'. R. E. TURRENTINE. JR., County Clerk and Ex Officio Clerk of Commissioners Court of Harris County. Texas By ~f ~ Deputy .