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HomeMy Public PortalAbout2003_08_12_O012The Town of Leesburg, qrginia PRESENTED August 12, 2003 ORDINANCE NO. 2003-O- 12 ADOPTED August 12, 2003 AN ORDINANCE: AUTHORIZING THE MAYOR TO ENDORSE A COOPERATION AGREEMENT WITH LOUDOUN COUNTY REGARDING ITS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the US Department of Housing and Urban Development (HUD) notified Loudoun County on June 11, 2003, that it was eligible to qualify for urban county participation in the Community Development Block Grant (CDBG) program and as such could receive CDBG funds directly from HUD and not via the state; and WHEREAS, the CDBG program funds projects such as housing production, housing rehabilitation, water/sewer installation, economic development, and roads for target areas of low- and moderate-income households; and WHEREAS, a CDBG program administered through the county means that Leesburg and any other towns in the county who have signed a cooperation agreement with the county, as well as unincorporated areas of Loudoun, will have a greater opportunity to receive funding through the CDBG program; and WHEREAS, the Loudoun County Board of Supervisors endorsed proceeding with Urban County Qualification Status on July 21, 2003; and WHEREAS, Vice-mayor Mervin V. Jackson signed a letter of intent on August 1, 2003, indicating the town's intent to participate in Loudoun's urban county CDBG program. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that the Mayor is hereby authorized to endorse the attached cooperation agreement with Loudoun County to participate in the county's urban county CDBG program. ORDINANCE: -2- ENDORSING A COOPERATION AGREEMENT WITH LOUDOUN COUNTY REGARDING ITS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PASSED this 12th day of August 2003. ATTEST: //,l~le~k- o f Council ~/ OrdO3CDBGagree081203 Loudoun County, Virginia Housing Services 102 Heritage WaY, N.E., Suite 103, Leesburg, VA 20176 703/777-0389 V/TTY · Fax: 703/777-0109 www.loudou.gov September 3, 2003 Mayor Kristen Umstattd & Leesburg Town Council David Fuller, Chief of Comprehensive Planning: Congratulations! Three of the five steps involved in the Community Development Block Grant Entitlement process have been completed, 1) Loudoun County has reached urban county status (at least 200,000 in population), 2) An official letter from the Loudoun County Board of Supervisors has been forwarded to HUD indicating Loudoun County's intent to apply for Urban County Qualification to receive CDBG funding and 3) the Cooperation Agreements have been officially signed and adopted by Town and County. Thank you so very much for all of your hard work in endless pursuits to adopt policies, ordinances, and the Cooperation Agreements. You realized our tight, uncontrollable timelines but yet realized the great benefits to participating in the CDBG Program and to that I say "Thank You!" The last two steps, composing the Consolidated Plan and Consolidated Action Plan will be a collaborative effort with both Town and County with Loudoun County (i.e. Housing Services) at the helm. The Consolidated Action Plan more so than the Consolidated Plan will have more Town involvement in that the Consolidated Action Plan outlines specific projects for the upcoming year and the Consolidated Plan outlines housing/homeless plans, needs and analyses on a county-wide basis. Thanks again for all of the support in making this partnership possible. I look forward to continuing to work closely with you regarding all aspects of the CDBG Program. Again, if questions or concerns arise, please contact me at kfletche~loudoun.gov or 703-737-8422. Thanks so much!! Kami Fletcher, Management Intern Loudoun County Housing Services Cc: Cindy Mester, Director Loudoun County Housing Services COOPERATION AGREEMENT THIS COOPERATION AGREEMENT is entered into this 2n:t day of 2~i/t:ml:m:~, 2003 by and between THE BOARD OF SUPERVISORS OF LOUDOUN COUNTY, VIRGINIA (County) and THE TOWN COUNCIL OF THE TOWN OF de, ex,~,~o ~q , VIRGINIA (Town) pursuant to Notice CPD-03-04 issued April 23, 2003 by the United States Department of Housing and Urban Development. WHEREAS, the County has been determined by the United States Department of Housing and Urban Development (HUD) to possess the essential powers necessary to qualify as a Community Development Block Grant (CDBG) Entitlement Urban County under the provisions of Title I of the United States Housing and Community Development Act of 1974 (ACT); and WHEREAS, such powers authorize the County to undertake community development and housing assistance activities in incorporated and unincorporated areas within the County provided that fully executed cooperation agreements have been submitted to HUD; and WHEREAS, the ACT provides for units of local government such as the Town, not otherwise eligible for entitlement funds thereunder, to enter into cooperation agreements with urban counties to undertake essential community development and housing assistance activities in the Town, mutually agreed to by the County and the Town and thereby become considered a part of the urban county; and WHEREAS, the Town does not qualify for entitlement funds under the provisions of the ACT; and WHEREAS, the County has applied for or intends to apply for entitlement funds under the ACT; and WHEREAS, the County is preparing a Consolidated Plan for submission and approval by HUD; and WHEREAS, Section 15.2-956 of the Code of Virginia, 1950, as amended, authorizes the County and Town to participate in programs under the ACT, including the CDBG program; and WHEREAS, Section 15.2-1300 of the Code of Virginia, 1950, as amended, authorizes the County and Town to enter into this Cooperation Agreement to jointly exercise their authority to participate in the CDBG program under the ACT. NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth the parties agree that: ao Co eo The population, as defined by the ACT, of the Town shall be included with the population of the County for the purpose of applying for entitlement funds under the ACT. This agreement shall be in effect from the 2nd day of September, 2003 until the end of that period necessary to carry out activities that will be funded from annual Community Development Block Grant (CDBG) appropriations for the Federal fiscal years for which the County is to qualify and from any program income generated from the expenditure of any such funds. The County and the Town, hereby agree to cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing. The Town shall work with the County to establish administrative procedures and program design. The County shall have final responsibility for selecting activities and annually filing the required Final Statement with HUD. The County will select only those projects within the Town which are first recommended by the Town Council. Parties to this agreement shall take all actions necessary to assure compliance with the County's certification required by Section 104(b) of the ACT, including conformance with 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 all other applicable Federal and State laws. No funding shall be provided under this agreement for activities in or in support of any party to this agreement 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. Each party to this agreement has adopted and is enforcing: (i) a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individual engaged in non-violent civil-rights demonstrations; and (ii) a policy enforcing applicable State and local laws against physically barring entrance or exit from a facility or location which is the subject of such non-violent civil-rights demonstration within each respective jurisdiction. Pursuant to 24 C.F.R. 570.501(b), each party to this agreement is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement set forth in 24 C.F.R. 570.503. ho By executing this agreement the Town understands that they: (i) may not apply for grants under the Small Cities or State non- entitlement CDBG programs from appropriations for fiscal years during the period of participation in the urban county CDBG program; and (ii) may not participate in a HOME consortium except through the urban county, regardless of whether the urban county receives a HOME formula allocation. The Town shall undertake all necessary actions to assist the County to carry out a community development program and the approved Consolidated Plan, and shall meet all other requirements of the CDBG program and other applicable laws. This agreement is in effect for the three Federal fiscal years (FFY 2004- 2006) for which the County is to qualify to receive CDBG entitlement funding. This agreement will automatically be renewed for participation in successive three-year qualification periods, unless the County or the Town provide written notice that they elect not to participate in a new qualification period. The County will notify the Town in writing of their right to make such election by the date specified in HUD's Urban County Qualification Notice prior to the next qualification period. Failure by either party to adopt an amendment to the agreement incorporating all changes necessary to meet the requirements for the cooperation agreements set forth in the Urban County Qualification Notice applicable for a subsequent three-year urban county qualification, and to submit the amendment to HUD as provided in the urban county qualification will void the automatic renewal of such qualification period. The method for disposing of any property acquired pursuant to individual projects funded pursuant to this agreement, and held at the time of termination of this agreement, shall be as established for the individual projects funded under this agreement This agreement will remain in effect until the CDBG funds and income received with respect to the three-year qualification period (and any successive qualification period under the agreement that provide for automatic renewals) are expended and the funded activities completed, and the County and the Town may not terminate or withdraw from the agreement while the agreement remains in effect. This agreement shall be authorized, by evidence of the signatures of the Chairman of the Board of Supervisors of Loudoun County and the Mayor of the Town of ~e~u~ . THE BOARD OF SUPERVISORS OF LOUDOUN COUNTY, VIRGINIA TOWN OF ,~'~ COUNSEL STATEMENT I, John R, Roberts, County Attorney for Loudoun County, Virginia, state that I have reviewed the foregoing COOPERATION AGREEMENT and its terms and provisions are fully authorized under State and local law. That law and the COOPERATION AGREEMENT provide full legal authority for Loudoun County to undertake or assist in undertaking essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing.