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Ordinance No. 9,876ORDINANCE NO. 9876 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK ATTEST TO A COOPERATIVE AGREEMENT WITH HARRIS COUNTY TO PARTICIPATE IN THE HOME INVESTMENT PARTNERSHIP ACT GRANT PROGRAM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section l: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the Mayor to execute and the City Clerk to attest to a Cooperative Agreement with Harris County to participate in the HOME Investment Partnership Act Grant Program. A copy of such agreement is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 91h day of September, 2004. CALVIN MUNDINGER, Mayor ATTEST: G A RY6 . SMrTH, City Clerk APPROVED AS TO FORM: �—f I NACIO RAMIREZ, Sk.Xity Attorney • \ \Bdc2 \litigation \Karen \Files\City Council\ Ordinances\ HamsCountyCooperative4HOMEInvestmentPartnershipAct .doe • • 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, hereinafter sometimes referred to as "County," and THE CITY OF BAYTOWN, 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" applications to the U.S. Department of Housing and Urban Development (HUD) for funding for the HOME Investment Partnership (HOME) program under Title II of the National Affordable Housing Act for Fiscal Years 2004 -2007 and such additional funding periods as provided by the terms of this Agreement, said application being hereinafter sometimes referred to as the "Grant Application "; and WHEREAS, the County is willing to cooperate with the City in the implementation of the City's Community Development Program where they coincide with County Community Development goals and objectives; and WHEREAS, the Texas Legislature has enacted the "Texas Community Development Act of 1975," codified as Chapter 373 of the TX.,LOC.,GOV'T CODE ANN. (Vernon Supp. 1993), 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 Chapter 791 of the TX.,GOV'T CODE ANN. (Vernon 2001), 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: EXHIBIT A I. is 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 HUD 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 (42 U.S.C. 5301 et seq.), as amended, and the rules and regulations promulgated pursuant thereto. III. The County and the City agree to cooperate to undertake, or to assist in undertaking, community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing, as further set out in 24 CFR 570.307(c) and in 24 CFR 92.201(a). ' IV. (A) The City acknowledges that it is aware that the Grant Application has not yet been completed or submitted to HUD and that no determination has been made at the time of execution of this Agreement as to where and for what purposes the funding, if any, for the HOME 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 Applications. 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. (B) The City also acknowledges that upon execution of this Agreement, the City may not participate in a HOME consortium except through the urban county, regardless of whether the urban county receives a HOME formula allocation. am This Agreement shall remain in full force and effect for the following period: (1) Notwithstanding any other provision of this Agreement, this Agreement shall remain in effect until the HOME funds and program income received, with respect to activities carried out during the initial four -year qualification period (i.e. Fiscal Years 2004 -2007) • and any successive three -year qualification periods, are expended and the funded activities completed. (2) This Agreement will automatically be renewed for the three -year urban qualification period which begins the year in which the next qualification of the urban county is scheduled, and for any successive three -year qualification periods, unless the following events occur: (a) The City or the County may terminate this Agreement at the end of any qualification period by giving written notice to the other party prior to the beginning of the next urban county qualification period, with a copy of such termination notice being sent to the HUD Field Office; or (b) In the event changes are made in the law or regulations relating to requirements for cooperation agreements, the parties may adopt an amendment to this Agreement incorporating such required changes. Failure to enter into such written amendment (with a copy thereof sent to the HUD Field Office), as necessary to meet the requirements set forth in the Urban County Qualification Notice applicable for the year in which such qualification of the urban county is scheduled, shall void the automatic renewal provision of this Agreement. The County agrees to notify the City in writing of the City's right to elect not to participate in subsequent three -year qualification periods. Such notice must be sent to the City by the date specified in HUD's urban qualification notice for each successive qualification period. VI. In the performance of this Agreement, County and City 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 (42 U.S.C. 2000d et seg.), the Fair Housing Act (42 U.S.C. 3601 --20), section 109 of Title I of the Housing and Community Development Act of 1974, the Americans with Disabilities Act and other applicable laws, regulations and executive orders, including but not limited to those set out under Subpart K, 24 CFR 570.600 -.613. 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 as required under 24 CFR 91.225 (a)(1), 24 CFR 92.105, and 24 CFR 570.303. • VII. The City agrees and understands that pursuant to 24 CFR 92.504, it is subject to the same requirements applicable to sub - recipients, • • including the requirement of a written agreement as set forth in 24 CFR 92.504 (b). VIII. Should HUD reject or refuse to accept this Agreement for any reason, the County will terminate this Agreement by giving written notice of such termination to the City. IX. The County and City agree that as between the County and the City, the County has the final authority to carry out activities, which will be funded from annual HOME allocations 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 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 , 2004, 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 of Baytown on the day of , 2004, by its Mayor and attested by its City Manager, pursuant to ordinance of the City Council of the City authorizing such execution. ATTEST: HARRIS COUNTY County Clerk By By Deputy County Clerk ATTEST: By GARY W. SMITH City Clerk • ROBERT ECKELS County Judge CITY OF BAYTOWN By CALVIN MUNDINGER Mayor • 0 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. 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 errors or omissions, if any, in making such certificate. Date • M Michael A. Stafford County Attorney MELISSA L. BARLOCO Assistant County Attorney • O R D E R THE STATE OF TEXAS § § COUNTY OF HARRIS § On this the day of 2004, 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, IT IS ORDERED that the County Judge Robert Eckels be, and he is Hereby, authorized to execute, and Beverly Kaufman, County Clerk, is Hereby authorized to attest, for and on behalf of Harris County, an Agreement between Harris County, and the City of Baytown, for the purpose of cooperating in the County's HUD Entitlement Application for Fiscal Years 2004 -2006, as such term may be automatically extended, which Agreement is hereby referred to and made a part hereof for all purposes as though fully set out herein. •