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R93-23 05-24-93RESOLUTION NO. R93-23 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY SECRETARY TO ATTEST A CERTAIN CONTRACT WITH HARRIS COUNTY FOR PARTICIPATION IN AN URBAN COUNTY APPLICATION TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR FUNDING FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain agreement, a facsimile of which is annexed hereto, designated Exhibit 'A' hereof and incorporated herein for'all purposes by and between Harris County and City of Pearland for City's participation in County's Urban County application to the U. S. Department of Housing and Urban Development for funding for the Community Development Block Grant program, is hereby authorized and approved. Section 2. The Mayor is hereby authorized to execute and the City Secretary to attest the annexed contract document and counterparts thereof. PASSED, APPROVED and ADOPTED this the a~day of~~ , A. D., 1993. ATTEST: CITY SECRETARY MAYOR APPROVED AS TO FORM: LESTER G. RORICK CITY ATTORNEY AGREEMENT 42,992 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 PEARLAND, a municipal corporation under the laws of the State of Texas, hereinafter sometimes referred to as the "City." WITNESSETH: 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 Community Development Block Grant (CDBG) program under the Housing and Community Development Act of 1974 and funding for the HOME Investment Partnership (HOME) program under Title II of the National Affordable Housing Act for Fiscal Years 1994-96 and such additional funding periods as provided by the terms of this Agreement, said applications being hereinafter sometimes referred to as the "Grant Applications"; and WHEREAS, the County is willing to include all of the City's population in the Grant Applications 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 Chapter 373 of the TEX.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 TEX.GOV'T CODE ANN. (Vernon 1993), 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: The City agrees to allow the County to include the City's population in the Grant Applications,' and the County agrees to include the same in the Grant Applications. 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 (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). IV. (A) The City acknowledges that it is aware that the Grant Applications have 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 funding, if any, for the CDBG and the HOME programs 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 Applications. If such funds for expenditure in the City or for assistance to its residents are awarded as a result of the Grant Applications, 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 Applications, 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: (i) (2) may not apply for grants under the Small Cities or State CDBG Programs from appropiriations for fiscal years during the period in which it is participating in the urban county's CDBG program; and may not participate in a HOME consortium except through the urban county, regardless of whether the urban county receives a HOME formula allocation. This Agreement shall remain in full force and effect for the following period: (i) During the entire urban qualification funding period for Fiscal Years 1994-96 and for such additional time as may be required for the expenditure of CDBG and HOME funds granted to the County for such period, as well as any income received with respect to such period. The City acknowledges that it has been advised and is aware that federal regulations applicable to the Grant Applications do not permit the County to allow the City to withdraw from this Agreement or otherwise terminate this Agreement at any time during this period, unless the County fails to receive a grant for any year during such period. (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 must 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 seq.), 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 570.303. VII. The City agrees and understands that pursuant to 24 CFR 570.501(b), it is subject to the same requirements applicable to sub-recipients, including the requirement of a written agreement as set forth in 24 CFR 570.503. VIII. 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 such termination to the City. IXe The County and City agree that the County has authority to carry out activities which will be funded from annual Community Development Block Grants and HOME allocations and from any program income generated from the expenditure of such funds. 4 The County and City'by executing this Agreement certify that each has adopted and is enforcing to the extent authorized by state law: (1) a policy prohibiting the use of excessive force by-law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and (2) a policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non- violent civil rights demonstrations within its jurisdiction· 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: It has been executed on behalf of Harris County on County Judge of ri and attested by the County Clerk of Harris County pursuant to an order of the Commissioners Court of Harris County authorizing such execution; It has been executed on behalf of the City of Pearland on the ?~ day of ~..~ , 1993, by its Mayor and attested by its City Secretary, pursuant to ordinance of the City Council of the City authorizing such execution. ATTEST: MOLLY PRYOR HARRIS C UNTY County Clerk -. ~ ~~ Byj IN ~ MAUZY Deputy County Clerk Judge 5 ATTEST: Dy City Se~ CITY OF PEARLAND By Mayor 6 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 i~t~mited 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 MIKE DRISCOLL County Attorney BY ~ ~i~ ~ LINDA J. NOR Assistant County Attorney 7 ORDER THE STATE OF TEXAS § COUNTY OF HARRIS § On this the ~e~ day of Commissioners Court, sitting as the o~ve,A.X_ , 1993, the rning body of Harris County, Texas, at a regular meeting, upon motion of Commissioner ~~j~ , seconded by Commissioner ~--~_/- , duly put and carried, IT IS ORDERED that the County Judge Jon Lindsay be, and he is hereby, authorized to execute, and Molly Pryor, County Clerk, is hereby authorized to attest, for and on behalf of Harris County, an Agreement between Harris County, and the City of Pearland, for the purpose of cooperating in the County's Community Block Grant Applications for Fiscal Years 1994-96, 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. pRESENTEO TO Commissioners Court JUN 2 9 1993 Date Recorded Vol.~-----Page'