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HomeMy WebLinkAbout1987-11-02 Public Hearing, Workshop Meeting, and Called Meetingi ~ MINUTES OF THE PUBLIC HEARING, WORKSHOP MEETING, AND CALLED MEETING OF THE LA PORTE CITY COUNCIL NOVEMBER 2, 1987 1. The meeting was called to order by Mayor Malone at 6:00 P.M. Members of City Council Present: Mayor Norman Malone, Councilpersons Betty Waters, John Lloyd, Ed Matuszak, Alton Porter (arrived at 7:10 P.M.), Mike Shipp, Deotis Gay (arrived at 6:08 P.M.), B. Don Skelton, Jerry Clarke Members of Citv Council Absent: None Members of Citv Staff Present: City Manager Bob Herrera, City Attorney Knox Askins, City Secretary Cherie Black, Assistant City Manager John Joerns, Administrative Assistant to the City Manager Janie Luna, Director of Community Development Joel Albrecht, Police Chief Charles Smith, Fire Chief Joe Sease, Revenue Controller Charlene Eldridge, Finance Manager Robert Stewart Others Present: Dr. Genie Suhr; Ms. Jolene Wickel; Wilbur Crable; Kevin Brinkman; Tom Randall; John Norris; Wayne Petroff; Barbara Neal, Bayshore Sun; 16 citizens 2. The Mayor called the public hearing on the tax rate to order. Revenue Controller Charlene Eldridge briefly reviewed the tax rate. The Mayor asked for public input. There being none, the Mayor declared the public hearing on the tax rate closed. 3. Council then went into workshop session for discussion and review of the animal ordinance, Ordinance 1559• Dr. Genie Suhr addressed Council with proposals for changes in several sections of the ordinance. She asked for a written "grandfather" clause relating to the number of pets allowed, and that the words "on complaint only with a reasonable space of time for reconciliation between complainant and pet owner" be added. Minutes, Public Hearing, La Porte City Council November 2, 1987, Page c Workshop and Called Meeting Ms. Jolene Wickel addressed Council with the proposal that neutered or spayed animals be subject to a one-time only fee, a "grandfather" clause relating to number of pets allowed, and an "on complaint" clause. Wilbur Crable, Kevin Brinkman, Tom Randall, John Norris, and Wayne Petroff also addressed Council regarding the animal ordinance. Mrs. Spraggins addressed Council regarding cats and diseases and her problem with rats. Councilpersons Shipp, Skelton, Waters, Matuszak, Lloyd and City Attorney Askins commented on the ordinance. Councilperson Lloyd requested that staff be given time to talk with veterinarians, etc., and bring this back to Council at a meeting in December. A date of December 7 was set for a workshop meeting for staff to report to Council. 3. The workshop meeting was adjourned and the called meeting convened. 4. Council considered approving a cooperative agreement with Harris County Community Development Agency for application for Community Development Block Grant. Motion was made by Councilperson Waters to approve the cooperative agreement with Harris County Community Development Agency. Second by Councilperson Skelton. The motion carried, 7 ayes and 0 nays (Councilperson Gay and Mayor Malone were away from the table). Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Shipp, Skelton and Clarke Nays: None 5. A video presentation of a recent CAER drill held by the City was. viewed. Before the presentation, Councilperson Matuszak requested that the City of Texas City be contacted for a post- analysis of their emergency warning system during their • Minutes, Public Hearing, Workshop, and Called Meeting La Porte City Council November 2, 1987, Page 3 recent chemical accident. Joe Sease will follow up on this. 6. Council adjourned into executive session at 7:35 P.M. under Personnel to review the performance of the City Manager. Council returned to the Council table at 9:35 P.M. Council will continue the review of the City Manager at the next Council meeting. 7. There being no further business to come before the Council, the meeting was duly adjourned at 9:36 P.M. Respectfully submitted: (o~~~ Cherie Black City Secretary Passed & Approved this the 23rd day of November, 1987 ~~~~~~~ Norman L. Malone, Mayor • Notice of 1987 Effective Tax Rate for CITY OF LA PORTE The purpose of this notice is to inform you about your taxes. The 1987 effective tax rate is a tax rate that would levy the same amount of operating taxes the taxing unit levied last year on property taxed in both years,.plus the amount the unit needs to pay certain long term debts this year. The rate is calculated as follows: 1986 maintenance & operations tax levy: ~ 3 ,13 2 , 3 5 5 Less taxes levied to recoup 1985 appraisal _ ~ 17 , 5 3 3 roll errors and adjustments for lost value: Equals adjusted 1986 _ 3 ,114 , 8 2 2 maintenance & operations levy: -' ;. 1987 total tax base: 9 3 4 ,19 0 ,13 9 Less adjustments _~ 6, 5 91, 0 8 0 for value of new property: Equals adjusted 1987 tax base: = 9 2 7 5 9 9 0 5 9 The adjusted 1986 levy divided by the adjusted 1987 tax base and multiplied by 100 equals the effective maintenance & operations tax rate: . 3 3 6 /S t o0 Plus rate to correct ~,,,, for appraisal roll errors: ~--~ - 0 - /~ 100 ~ ~1- J Plus rate needed to pay -~ "'~r ~~-__~. _ L debts and obligations: ~' ~~ ~- $ .213 /$100 ~ J r ~ .~. Equals 1987 effective tax rate: _ . 5 4 9 ~ , ~ ~ ~ ~---- i _ ~ (.f 1987 effective tax rate: /'" . 5 4 9 per $100 of value Tlie maximum rate the governing body can adopt without publishing notices and holding a hearing is: • 5 6 6 per $100 of value The maximum rate the governing body can adopt before taxpayers can initiate rollback petitions is: . 5 9 3 per $100 of value This notice contains a summary of the calculations used to determine this year's effective tax rate. You can inspect the full calculations at City Hall-City of La Porte. • SCHEDULE A: Unencumbered Fund Balances This taxing unit estimates that the following balances will be left in the unit's accounts at the end of the fiscal year. These balances are not encumbered by a corresponding debt obligation. --.. Type of Fund General Fund Debt Service Balance $3,823,907 $ 673,005 SCHEDULE B: 197 Debts Paid From Property Taxes This taxing unit estimates that the unit will pay the following amounts out of property tax revenues for long-term debts that are secured by property taxes. . Prmc~pal or Description Contract Payment . Interest Other Amounts Total of Debt to be Paid to be Paid to be Paid Payment Texas G.O. Bonds $ 40,000 $ 18,450 -0- $58,450 1973 G. 0. Bonds 1979 100,000 39,700 -0- 139,700 G. 0. Bonds 1980 175,000 192,687 -0- 367,687 Certificates of 80,000 21,700 -0- 101,700 Obligation 1980 G. 0. Bonds 1985 250,000 414,750 -0- 664,750 G. 0. Bonds 1986 175,000 297,825 -0- 472,825 W/W & Tax Bonds 35,000 29,550 -0- 64,550 1968 W/W & Tax Bonds 35,000 25,662 -0- 60,662 1970 W/W & Tax Bonds 10,000 900 -0- 10,900 1971 W/W & Tax Bonds 10,.000 11,480 -0- 21,480 1979 $1,962,704 Total Amount Required for 1987 Debt Service $ 1 , 9 6 2 , 7 0 4 Less Amount That Will Be Paid From Funds Listed in 4 6 , 0 0 0 Schedule A - $ Total To Be Paid from Property Taxes This Year = $ 1 ~ 916 , 7 0 4 Amount Added in Anticipation That the Unit Will 76,668 Collect Only 9 6 % of its Taxes in 1987 -~- $ 1,993,372 Total Debt Tax Levy = $ `` • • EFFECTIVE TAX RATE WORKSHEET for 1987 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. SECTION A. 1986 Tax Levies. For all 1986 levy amounts, use the levy that would be produced if the 1986 tax rate were applied to the total taxable value appearing on the unit's 1986 tax roll today. 1986 total tax levy: $ 5,966,710 Taxes lost in 1986 because appraised value of property was reduced by the final determination of a court in an appeal of an ARB decision (enter "0" if before August 31, 1987): $ _0_ Adjusted 1986 total levy: Add lines 1 and 2. $ 5,966,710 1986 maintenance tax rate: $ .3742/$100 1986 maintenance tax levy: Apply the 1986 maintenance tax rate (line 4) to the total taxable value appearing pn the unit's 1986 tax roll today. $ 3,132,355 1986 debt tax rate: $ .3386/$100 1986 debt tax levy: Apply the 1986 debt tax rate (line 6) to the total taxable value appearing on the unit's 1986 tax roll today. $ 2,834,355 Maintenance taxes levied in 1986 to recoup appraisal roll error loses in 1985: $ _0_ 1986 maintenance taxes on property in territory deannexed after January 1, 1986: $ _~_ 1986 maintenance taxes on property value that first qualifies for an exemption in 1987: $ 17,533 1986 maintenance taxes on property value that cannot be taxed in 1987 because it qualified for ag-use, open-space, timber, recreational/scenic or public access airport special valuation for the first time in 1987: $ _0_ Total adjustments to 1986 tax levy: Add lines 7-12. $ 17,533 Adjusted 1986 maintenance levy: Subtract line 13 from line 3. $ 3,114,822 SECTION B. 1987 Taxable Values. In this section you will adjust 1987 taxable values to reflect only those-properties that were taxed in 1986.. 14.I Total taxable value on the 1987 certified appraisal roll today: I $ 928,816,540 1.3 16. 17. 18. 19. 20. _ -- .-- Total~ taxa5~e `value of properties un3er pro~es~-for -1987 c ~ ~- - - -- ' " ---$ ~- 5, 373 ; 599 " Total 1987 taxable value for calculation purposes: Add'line 14 to line 15: ~ ` ~ $ 934,190,139 Total 1987 taxable value of property in territory annexed since January 1, 1986: $ _p_ Total 1987 taxable value of new improvements that appear on the appraisal roll for the first time ~in 1987: $ 6,591;080 $ 6,591,080 $ 927,599,059 SECTION C. Calculation of 1987 Maintenance Rate Component. In this section you will calculate the maintenance and operations component of the 1987 effective tax rate. Total adjustments to total 1987 taxable value: Add line 17 to line 18."' Adjusted total 1987 taxable value: Subtract line 19 from line 16. - " 21. 1987 effective maintenance rate without appraisal roll error adjustments: Divide line 13 by line 20. $ .336 • • SECTION D. Calculation of the 1987 Debt Rate Component. In this section -you--will--calculate -the deiat--component of-1987 effective tax rate. . 22. _. 1987 total taxable value for calculation purposes (enter the same amount as line 16): $ 934,190,139 23. - TataL-amount .to be-.paid -.in-198-7-.--trom property taxes for service - o~,~ualfed debts and for contract payments securing-debts issued _nr assumed.. by__other__units_on -this unit's .behalf : - - --- - - - - -- - -- -- - - .- -$- - - 1, 916 , 704 - - 24. Certified anticipated 1987 collection rate: 96~ 25. 1987 debt service payments adjusted for collection rate: $ 1,993,372 26. 1987 ..debt.-rate: ---- _- ___ . - __ _ __ __ _ _ . -_. _ _ .- _ _.___ _ _ _ Divide line 25 by line 22 and-multiply by 100. _ _-. _.__ . _ _- $ .213/$100 27. 1987 effective tax rate for this tax: $ .549/$100 28. Three-percent limit: Multiply line 27 by 1.03. $ .566/$100 29. Eight-percent limit: Multiply line 27 by 1.08. $ .593/$100 • • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: November,~4 1987 Requested By: Joel H. Albrech repartment: Report XX Resolution - Ordinance Exhibits: Letter from Harris County Community Development Agency Fact sheet Cooperative Agreement SUMMARY & RECOMMENDATION In 1984, The City of La Porte entered into a Cooperative Agreement with Harris County Community Development Agency for the county wide submission of Community Development Block Grant Funds. As a result of the agreement, the City of La Porte did receive Community Development Block Grant Funds in the following amounts: 1985 - $25,000.00 to be used for demolition of sub-standard structures, 1986 - an amount up to $170,000.00 for water improvements within the Spenwick area and 1987 - $8,300.00 for demolition of sub-standard structures and $167,000.00 used for the Jenie C. Riley Civic Center. The attached cooperative Agreement is a similar document to the one we signed in July of 1984. It does allow Harris County Community Development Agency to utilize our population figures to be used as a part of the documentation for another application for Community Development Block Grant Funds for Harris County. The agreement will last for three (3) years which is the same as the last agreement. Staff does recommend for approval of the Cooperative Agreement. Action Required by Council: Approval of the Cooperative Agreement. Availability of Funds: General Capital Other Account Number: Fund Improvement Approved for City Council Agenda Robert T. Herrera City Manager Water/Wastewater General Revenue Sharing Funds Available: YES NO DATE r ~ CITY OF LA PORTE INTER-OFFICE P;Ef1CRANDUr9 OCTOBER 29, 1987 T0: Robert T. Herrera, City Manager TEiRU: John Joerns, Asst. City rlanager FROM: Joel H. Albrecht, Director of Community Developme SUBJECT: Community Development Bloclc Grant Funds In September of 1984, the City of La Porte entered into a Cooperative Agreement with the Harris County Community Development Agency. The Cooperative Agreement allowed H.C.C.D.A. to utilize the population of La Porte as part of the documentation for the submission of an application for Community Development Block Grant Funds for a three (3) year period ending June 30, 1988. As a result of the agreement, the City of La Porte did receive Community Development Block Grant Funds in the following: 1985 - X25,000.00 to be used for the demolition of sub-standard structures. 1986 - an amount up to a17G,000.00 for water improvements within the Spenwick area. 1987 - X8,300.00 for demol.iti.on of sub-standard structures and w167,000.00 used for the Jenie C. Riley Civic Center. The City has received another request from Harris Counf,y Community Development Agency for the approval of another Cooperative Agreement. Again. the basis of the agreement is for the approval by La Porte to allow our population to be used as part of the submission documentation for the application of a new Community Development Block Grant. The Staff has read over the papers submitted and does recommend for the approval of the Cooperative Agreement. Th1.s document is going to the Harris County Commissioners Court on Tuesday, October 27, 1x87, for their approval. JHA/nb HARRIS COUNTY COMMUNITY DEVELOPMENT AGENCY 3100 Timmons Lane, Suite :330, Houston, Texas 77027 626-5651 JON LINDSAY, County Judge WALTER L. )ONES, Executive Director October 1, 1987 o~tl wK P `t~ ~~,~ The Honorable Norman Malone City of La Porte 604 W. Fairmont Parkway P.0. Box 1115 La Porte, Texas 77571 Dear Mayor Malone: Harris County is one of four 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 twelve years, Harris County has received approximately $54 million which have been used to build community centers, parks, streets, water, sewer and drainage improvements, rehabilitate homes, etc., within Harris County cooperative cities and unincorporated areas. A small percentage of funds also has been used for public services such as counseling, emergency shelter, and medical transportation. Attached 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 popula- tion, 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 whic h sign cooperation agreements (co-op cities). Your City is again requested to sign 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, 1988, 1989, and 1990. Attached are two copies of the cooperation agreement. Sign- ing this agreement would enable your city to request grant funds for CDBG eligible projects and income-eligible city residents to request low interest or deferred payment housing rehabilitation loans. Although CDBG funds are intended to directly benefit primarily low and moderate income neighborhoods, they indirectly benefit Harris County as a whole. Even if your city does not have large concentrations of low and moderate income families (currently defined as a family of four earning less than $30,400) and would therefore be unlikely to qualify for an area project, individual families might still qualify for low interest housing rehabilita- tion loans, grants, or other direct benefit activities. Although there is no C Mayor Malone October 1, 1987 Page 2 i guarantee 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. However, instead of participating in the Harris County program, you may exercise an option to apply directly to the State for CDBG funds under the Small Cities program. The cooperation agreement expressly states 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 would be no provision for withdrawal or termination prior to the end of the three-year period. In order to meet recently established HUD deadlines, you are requested to return the executed agreements to this office by October 23, 1987. After approval by the Commissioners' Court, an executed original copy will be re- turned to you. 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 contact Cinda Calderon, Manager of Planning and Program Development, at (713) 626-5651. Si cerely, Walter L. J Director WLJ/ah Attachment s ~Cl, HARRIS COUNTY \\ COMMUNITY DEVELOPMENT AGENCY WHAT IS THE HARRIS COUNTY COMMUNITY DEVELOPMENT AGENCY? The Harris County Community Development Agency was created in 1975 by Harris County Commissioners' Court to administer the community development block grant for Harris County. The block grant program was authorized under Title I of the Housing and Community Development Act of 1974 to improve the quality of living conditions of low and moderate income areas. WHY DOES HARRIS COUNTY HAVE ITS OWN GRANT? Becausethecombined population in both the unincorporated and certain incorporated areas inside Harris County is greater than 200,000 persons, Harris County was designated as an urban county and is therefore entitled to its own block grant program. WHAT IS AN URBAN COUNTY? An urban county is any county located within a Standard Metropolitan Statistical Area which is authorized to undertake community development and housing activities in unincorporated areas. Any urban county can enter into cooperative agreements if its goal is to aid in the improvement of community development and housing activities in incorporated cities within the urban county. WHAT ARE THE PRIMARY PROGRAM OBJECTIVES? The primary objective of the block grant program is to fund a wide range of community development activities directed toward encouraging viable urban communities by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate incomes. The local objectives are to meet basic community development needs, such as clean water and sanitary sewer facilities, housing rehabilitation and economic development as well as park development, street improvements and community centers. WHO DOES THE PROGRAM SERVE? Harris County Community Development Agency serves those areas containing large percentages of low and moderate income persons within the boundaries of Harris County but outside the Cities of Houston, Pasadena, Baytown and certain other small cities with a population under 50,000. The Agency serves residents in 13 incorporated cities and 34 unincorporated areas to develop programs and priorities for community development activities. The Agency also provides assistance to elderly and disabled residents in its service areas. ~J \J WHAT KINDS OF PROJECTS DOES THE AGENCY FUND? Water and sewer improvements such as sliplining, increasing the size of pipes, installing new lines; Construction of community centers, sidewalks, street and drainage improvements; Park development, beautification, demolition of unsafe structures; Technical assistance (program planning, proposal development, etc.); Small business loans; Public services, such as transportation to and from medical facilities, counseling for juvenile firesetters, funding for the abused family shelter; and Rehabilitation of sub-standard homes (owner's principal residence). ARE THERE SPECIFIC AREAS WHERE THE PROGRAM OPERATES? Communities are targeted for community development block grant activities. Most of the public improvement projects and public service programs will be concentrated within the designated boundaries of the following communities: Unincorporated Target Areas Aldine Westfield Garden City Park Marwood Barrett Station Greenwood Village McNair Bayshore Heatherglen North Houston Heights Bordersville Highlands Northington Cedar Grove Hockley Recreation Acres Channelview Huffman Riverdale Clear Creek Huffsmith Riverwood Cloverleaf Kenwood Royalwood Crosby Kohrville Sheldon Crosby-Eastgate Linus Sherwood Place Fauna Estates Magnolia Gardens Spring Verde Forest Cities Bellaire Katy Tomball Deer Park La Porte Waller Galena Park Missouri City West University Humble Seabrook Jacinto City South Houston HOW CAN CITIZENS GET INVOLVED? Citizens who want to learn more about the Block Grant program can contact the Agency at the following address and telephone number. Staff members are available to assist residents as well as meet with citizens in their neighborhoods. Harris County Community Development Agency Planning & Program Development Division 3100 Timmons Lane #330 Houston, Texas 77027 (713-626-5651) • A G R E E M E N 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, a municipal corporation under the laws of the State of Texas, hereinafter sometimes referred to as the "City." W I T N E S S E 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 fourteenth, fifteenth, and sixteenth 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 at Art. 1269E-4, 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 at 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 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, essential community development and 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 fourteenth, fifteenth and sixteenth 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 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 fourteenth, fifteenth, and sixteenth years funding period covered by the Grant Application (July 1, 1988 through June 30, 1991), 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 -2- federal regulations applicable to the Grant Application do not permit the County to allow to City to withdraw from this agreement or otherwise terminate the term of this agreement at any time after November 9, 1987. 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, Title VIII of the Civil Rights Act of 1968, section 109 of Title I of the Housing and Community Development Act of 1974, and other applicable laws. VII. The City agrees to inform Harris County of any income generated by the expenditure of Community Development Block Grant (CDBG) funds received by the City and that any such income shall be paid to Harris County. Harris County may, in its sole discretion, allow the City to retain program income provided that any and all such income may only be used for eligible activities in accordance with all Community Development Block Grant requirements as may then apply. The City understands that Harris County has the responsibility for monitoring- income and reporting to HUD on the use of any such program income, and the City, therefore, agrees to meet such recordkeeping and reporting requirements as may be required by the County for this purpose. 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 will be paid to Harris County. VIII. The City agrees and understands that the following terms and conditions will apply with regard to real property acquired or improved in whole or in part using CDBG funds that is within the control of the City during the term of this Agreement. a) The City shall timely notify Harris County of any modification or change in the use of property from that planned at the time of acquisition or improvement, including disposition; b) The City shall reimburse Harris County in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non CDBG funds) of property acquired or improved. with -3- CDBG funds that is sold or transferred for a use which does not qualify under CDBG regulations. IX. The City agrees that program income generated from the disposition or transfer of real property prior to or subsequent to the grant close-out change of status, or termination of this Agreement shall be treated according to § 570.512(e) of the Code of Federal Regulations. X. 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. XI. The County and all cooperating units of general local government executing this agreement agree that the County has authority to carry out activities which will be funded from annual CD Block Grants from Federal Fiscal Years 1988, 1989 and 1990 appropriations and from any program_ income y~nerated from the expenditure of such funds. XII. 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 been executed on behalf of Harris County on the day of 1987, by the County Judge of Harris County 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 on behalf of the city on the day of 1987, by its Mayor and attested by its City Secretary, pursuant -4- -. to ordinance of the City authorizing such execution. ATTEST: ANITA RODEHEAVER, County Clerk By KEVIN MAUZY, Deputy County Clerk ATTEST: By City Secretary Council of the City HARRIS COUNTY JON LINDSAY, County Judge CITY Mayor 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). Date City Attorney 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. The extent that this certificate relates the state and -5- ~ ~ 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 Date By JAMES M. .ANDERSEN Assistant County Attorney .. _6_ ~ ~ O R D E R THE STATE OF TEXAS COUNTY OF HARRIS On this the day of 1987, the Commissioners Court, sitting as the governing body of Harris County, Texas, at a regular meeting, upon motion of Commissioner seconded by Commissioner duly put and carried, I 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 for the purpose of cooperating in the County's Community Block Grant Application for the. fourteenth, fifteenth and sixteenth years funding, which Agreement is hereby referred to and made a part hereof for all purposes as though fully set out herein.