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90-R-43RESOLUTION NO. 90-R-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A COOPERATION AGREEMENT WITH THE COUNTY OF VOLUSIA TO UNDERTAKE OR ASSIST IN UNDERTAKING ESSENTIAL ACTIVITY PURSUANT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Edgewater, Florida, desires the County of Volusia to obtain Community Development Block Grant funds to carry out essential Community Development and Housing Assistance activities; and WHEREAS, these activities should be carried out in coordination with the City of Edgewater, Florida. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1: The City Council of the City of Edgewater, Florida, authorizes the appropriate officials of the City of Edgewater, Florida to execute a Cooperation Agreement with the County of Volusia to undertake or assist in undertaking essential activity pursuant to the Community Development Block Grant program. SECTION 2: A copy of said Agreement is attached tot his resolution and by reference incorporated herein as if fully set forth and marked Exhibit "A". SECTION 3: That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. SECTION 4: That this resolution shall take effect immedi- ately upon its adoption by the City Council of the City of Edge- water, Florida, at a--Re4ular meeting of said Council held on the 16 day of July ,199o, and approved as provided by law. This resolution was -introduced and sponsored by Councilmember Bennington and was read and passed by a vote of the City Council of the City of Edgewater, Florida, at a Regular meeting of said Council held on the 16 day of July , 199 0 , and authenticated as provided by law. ROLL CALL VOTE ON RESOLUTION NO. 90-R-43 AS FOLLOWS: COUNCILMAN - ZONE FOUR A TEST:. CITY CLERK - Authenticated this 16 day of /a 1 MAYOR 712 f ATTORNEY 2 Res. 90-R-43 Attachment to RESOLUTION 90-R-43 COOPERATION AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT THIS AGREEMENT, entered into this 16 day of ,Tnly , 19 n , by and between the City of EDGEWATER (herein called the "City") and County of Volusia, Florida (herein called the "County"), WITNESSETH: ' WHEREAS, the Housing and Community Development Act of 1974 makes provisions whereby urban counties may enter into cooperation agreements with certain units of local government to undertake or assist in undertaking essential activities pursuant to Community Development Block Grants; and WHEREAS, the cooperation of the City of FDRFWATFR and the County is essential for the successful planning and carrying out of local Community Development programs; and WHEREAS, it is the desire of the parties that the County undertake activities necessary to plan and carry out or assist in carrying out comunity development and housing assistance activities on behalf of and in coordination with the City under the urban county program, NOW THEREFORE, the parties hereto do mutually agree as follows: 1. The City hereby authorizes the County to include its population in the County's Community Development Block Grant application to the U.S. Department of Housing and Urban Development for Federal Fiscal years 1991, 1992 and 1993 appropriations. This Agreement shall stay in effect until all activities funded with such appropriations and program income are completed. 2. Pursuant to the use of the Community Development Block Grant funds, if any, to be received by the County, the County may carry out Community Development programs for the City. 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. 3. The City agrees to allow the County to perform those certain community development and housing assistance activities authorized by and specified in the Housing and Community Development Act of 1974, as Federal funds are available to the County for that pur- pose within the territorial boundaries and limits of the City and agrees to cooperate with the County to the extent necessary under said Act to enable the County to perform those activities. 4. The City will cooperate with the County to the fullest extent practical in the planning and carrying out of Community Development programs, and the County will ensure that the City's citizens and its local Chief Executive have direct and frequent access to and influence on the process by which decisions are made concerning Community Development programs which either directly or indirectly affect the City. The City agrees that the County shall have final responsibility for selecting activities and annually filing Final Statements with HUD. 5. The County shall, through the use of Community Development funds, provide the staff resources and other services necessary to planning and administering Community Development programs on behalf of the City. The County is authorized to withhold a reasonable and customary portion of Community Development Block Grant funds for the purpose of planning and administration of Community Development programs. 052.FM 7. Pursuant to 24 CFR 570.501(b) the City and agencies thereof are subject to the same requirements applicable to subrecipients, including the requirement of a written agreement set forth in 24 CFR 570.503, if funds are to be disbursed to the City for its use in carrying out activities authorized by and specified in the Housing and Community Development Act of 1974. 8. The parties do hereby mutually 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 Title I of the Housing and Community Development Act of 1974, and other applicable laws. 9. The City and the County agree that the affirmative furtherance of fair housing within their respective jurisdictions and the County's compliance with its fair housing certification, are absolute prerequisites to Urban County CDBG funding for activities in or in support of the City. Failure by the City to affirmatively further fair housing, or action by the City to impede the County's actions to comply with its fair housing certification require that such COBS funding in or in support of the City be suspended until the impediments to the achievement of these objectives are removed. 10 . Neither City nor County may terminate this Agreement prior to the end of the three-year funding period (Federal Fiscal Years 1991, 1992, and 1993) for which the County is seeking qualification as an Urban County, and shall extend over such period of time as may be necessary to cover all activities from project implementation to the final "close-out" audit. 11. This Agreement is authorized by the County Council and the City of EDGEWATER and each body authorizes its Chief Executive Officer to execute it. IN WITNESS WHEREOF, the City and the County have executed this Agreement as of the date first written above. ATTEST: Title cilry CLERK VOLUSIA COUNTY COUNCIL Chairman This Agreement is in accordance with all applicable State and County law and pro- vides full legal authority for the County to undertake or assist in undertaking essential Community Development and Housing Assistance activities, specifi- cally Urban Renewal and Publicly Assisted Housing. County Attorney THE CITY OF EDGEWATER Title ITY r1 ER ATTEST: Title County Manager Volusia County Council 052.FM