87-R-45RESOLUTION No. 87-R-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE
OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA, TO EXECUTE
"THE COOPERATION AGREEMENT WITH THE COUNTY OF VOLUSIA;"
REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, it is the desire of the City of Edgewater,
Florida, that the County of Volusia 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. That the City Council of the City of
Edgewater, Florida, authorizes the appropriate officials of the
City of Edgewater, Florida, to execute the Cooperation Agreement
between the City of Edgewater and Volusia County.
SECTION 2. A copy of said Agreement is attached to this
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in conflict herewith be and the same are hereby repealed.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
immediately upon its adoption by the City Council of the City of
Edgewater, Florida, at a regular meeting of said
Council held on the 19th day of October , 1987, and
approved as provided by law.
This Resolution was introduced and sponsored by Councilman
Prater , 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 19th day of October
1987, and approved as provided by law.
ROLL CALL VOTE AS FOLLOWS: //\7
Mayor
Councilman 4
One
1
9
rAM
1987.
This �e i ff r red by:
ttorn y
COUFERAILON AGREEMENT
LEIS AGREEMENT, entered into this 19th
day of
Oct 19 87 ,
by
and
between the City of Edgewater
herein .called the ^City"'),
and
County
of Volusia, Florida Jherein 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 Edgewater 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 Community Development and housing assistance
nn behalf of and in coordination with the city under the urban county program,
NOW THEREFORE, the parties hereto do mutually agree as follows:
The City hereby authorizes the County to make application for and
receive Community Development Block Grant Funds from the U. S.
Department of Housing and Urban Development (HUD) on behalf of the
City for Federal Fiscal years 1988. 1989, and 1990 appropriations
and from any program income generated from the expenditure of such
funds. The City also authorizes the County to include the City's
population for the purpose of calculating and making Community
Development Block Grants directly to the County.
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 in undertaking, or assisting In undertaking, essential
community development, community renewal, and lover 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.
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.
6. 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.
7. The City must inform the County of any income generated by the
expenditure of CDBG funds received by the participating unit.
8. Program income must be paid to the County or the City may retain the
program income subject to requirements set forth in the agreement.
Additionally, any program Income the City is authorized to retain
may be used only for eligible activities In accordance with all CDBG
requirements as may then apply. -
9. In the event
of clos
wt or change
in status of the -try, an}
program income that .
on hand or received subseouen. :o the
close-out or
change in
status shall
be paid to the County.
10. The County has the responsibility for monitoring and reporting to
HUD on the use of any such program income thereby requiring
appropriate recordkeeping and reporting by the City as may be needed
for this purpose.
11. The City must provide timely notification to the County for any
modification or change in the use of real property acquired with
CDBC funds from that planned at the time of acquisition or
improvement, including disposition.
12. The City must reimburse the County In an amount equal to the current
fair market value (less any portion thereof attributable to expendi-
tures of non-CDBG funds) of property acquired or improved with CDBG
funds that is sold or transferred for a use which does not qualify
under the CDBG Regulations; additionally,
13. Program income generated from the disposition or transfer of prop-
erty prior to or subsequent to the close-out, change of status or
termination of the cooperation agreement between the County and the
City, shall be treated as in nine (9) above.
14. 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, 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.
15. Neither City nor County may terminate this Agreement prior to the
end of the three-year funding period (Federal Fiscal Years 1988,
1989, and 1990) 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.
16. 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
_ 9
Title City Clerk
VOLUSIA COUNTY COUNCIL
Title 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.
THE CITY OF EDGEWATER
Title Mayor
ATTEST
Title' County nags
Volusia County Council
County Attorney