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HomeMy WebLinkAboutResolution No. 1991-44RESOLUTION NO. 91 -44 A RESOLUTION ENTERING INTO -AN A COOPERATIVE AGREEMENT WITH BREVARD COUNTY, FLORIDA, FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEARS 1992, 1993 AND 1994; PROVIDING AN.EFFECTIVE DATE. WHEREAS, the Housing and Community Development Act of 1974; as amended, makes provisions whereby counties may enter into cooperation agreements with certain units of local government to undertake or assist in undertaking essential activities pursuant to Community Block Grants; and WHEREAS, the cooperation of the City of Cape Canaveral, Florida, and the Brevard County Board of County Commissioners is essential for the successful planning and implementation of the Community Development Block Grant Program under an "Urban County" designation by the U. S. Department of Housing and Urban Development; and WHEREAS, the assurances and the items of agreement contained in the Cooperation Agreement are realistic and consistent with guidelines. stipulated by the U. S. Department of Housing and Urban Development. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. The City of Cape Canaveral, Florida, does hereby agree to adopt the Cooperation Agreement with the Brevard County Board of County Commissioners - to participate in the Community Development Block Grant Program' for Fiscal Years 1992, 1993; and 1994. SECTION 2. The Mayor is hereby authorized to sign the Cooperation Agreement and the City Clerk to attest to.same. SECTION 3. This Resolution shall become effective immediately upon its adoption. Resolution No. 91 -44 Page 1 of .2 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 15th day of October , 1991. ATTEST: k , 9 ^ 3 . CAWIVE4; �3 7. i -cy�L �,5le :r K, Apprbved. as to Form. - -.," n C i y 7tIt J M yo NAME YES NO KEDZIERSKI Ib4nt ,ORM x RANDEL,% x. SALAMONE x TFIURM X Resolution No. 91 -44 Page 2 of 2 V COOPERATION AGREEMENT THIS AGREEMENT, . entered - into this - 1(5th day Of October 1991, by and between the City of Cape Canaveral,.. Florida, - a Florida. municipality (hereinafter referred to as the "City") and the Board of - County Commissioners of Brevard County, Florida, a political subdivision of the State, of. Florida-.(hereinafter,, referred to as 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 im undertaking essential activities pursuant ursuant to Community Development Blodk-Grants; and WHEREAS, the cooperation of the City" of Cape Canaveral and the County is essential -for the successful planning, and implementation of local Community Development programs; and WHEREAS, it is the desire of the parties that the County undertake activities necessary . to plan and implement­ community development' and -housing assistance activities on behalf of the residents of Brevard County under the urban county programs; and NOW, THEREFORE, the parties hereto mutually 'agree as.., follows: 1. The City hereby authorizes the County to make application for Community Development Block Grant., funds from' the 4"U.S. Department of Housing and-Urban Development (HUD). This Agreement covers the period necessary to carry out activities that, will- be funded from annual CDBG appropriations for the Fiscal,Year's'1992, 1993.and 1994 for which Brevard County qualif , ies and from any program income generated from the expenditure, of. such funds, including such additional time as may-be required for the expenditure of any such funds grante.d.by the County to the City. The City shall authorize. the. County to include the City's population for the purpose of calculating and qualifying for Community Development Block Grants to the County. 2. 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." 3. Neither City nor County may Obstruct the implementation of the approved Comprehensive Housing Affordability Strategy (CHAS) during the period covered by the agreement. Brevard County has final responsibility for selecting activities and annually filing .the. Final Statement 'with HUD. 4. Neither -City not-County-may terminate--'or--withdrav from this Agreement prior to the end of its term as stated in #1 ..above. 5 The County and City shall take all actions necessary,to 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. Urban,county funding is prohibited for activities.intor in support of any City that does not affirmatively further fair housing within its own- Jurisdiction or' that impedes �the- county's actions to comply;- with— its fair housing certification.. F 6. The City and the County have adopted and are enforcing policies: (a) prohibiting the use of excessive force by law enforcement agencies within their jurisdictions against any individuals engaged in non - violent civil rights demonstrations; and (b) 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 each jurisdiction. 7. Pursuant to 24 CFR 570.501(b) , the City is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement set forth in 24 CFR 570.503. 8. The City agrees to implement any provisions authorized by State and local laws that legally obligates the City to undertake the necessary actions, as determined by the county, to carry out a community development program and the approved CHAS, and /or meet other requirements of the CDBG program and other applicable laws. 9. This agreement is authorized by the Board of County Commissioners of Brevard County, Florida and the City of Cape Canaveral, Florida and each governing body authorizes its Chief Executive Officer to execute it. IN WI,TNESS,�'�WHEREOF, the City and County have executed this Agreemerit,�gas "of -- heO;�date first written above. f iNJG .o ATTEST: THE CITY OF CAPE CANAVERAL Gil COUNTY OF BREVARD . P L a ~0 = 9 B City Clerk ATTEST: The Winstead *;J ; ' Cle L °y) BOARD OF COUNTY COMMISSIONERS BOUNTY, FLORIDA Schmitt, Chairman .sions of this agreement are fully authorized unuer locall law and provides full legal authority for the Countyy ?- ,to;�-undertake or assist in undertaking essential CommunityY,- I'nDevelopment and housing assistance activities, 7spec:ifical urb n renewal and publicly assisted housing. County Attorney 91 Robert D. Guthrie DK110:CA