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:
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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.