HomeMy WebLinkAbout1994 Ordinance No. 039ORDINANCE NO . .;fl
BERIESOF1994
BY AUTHORITY
COUNCIL BILL NO. "2
INTRODUCED BY COUNCIL
MEMBER GULLEY
AN ORDINANCE APPROVlNG AND AUTHORIZING THE EXECUTION OF A THREE
YEAR INTERGOVERNMENTAL COOPERATIVE AGREEMENT FOR THE ARAPAHOE
COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGR.4..MS BETWEEN
THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF
ENGLEWOOD.
WHEREAS, the Enclewood Ci~ Council doe• hereby determine that it i1 in the public
interest and welfare of the residente of the City ofEnclewood, Coloradr, that the Cit;y enpce
in a cooperative effort wtth Arapahoe County t.o conduct Community Development B)l>Clt
Grant Program activities and projects in the City under and purauant t.o the HOii.iine and
Community Development Act of 1974, a ■ ■ince amended (42 U.S .C. 5301 et oeq .); and
WHEREAS, the Enelewoocl City Council approved the uecution of lntereovemmental
Agreements between the City of Englewood and Arapahoe County with the paaoqe of
Ordinance No . 37, Series of 1991; Ordinance No . 6, Seriea of 1992; Ordinance No . 48, Series
of 1992 ; and Ordinance No . 17, Seriea of 1994; and
WHEREAS, the lntereovemmcntal Agreement between the City of Enelewood and
Arapahoe County relates t.o the Community Development Block Gt-ant Program ■ for Federal
Fiscal Year• 1995, 1996, and 1997 ;
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO , AS FOLLOWS :
~-The Intergovernmental Agreement for the yeara of 1995, 1996 and 1997,
authorizin g the City of Englewood, Colorado (by and through the Enclewood Ho111ing
Authority) to conduct the Ar•pahoe County Community Development Block Grant Program
is hereby a cce pted and approved by the Englewood Cit;y Comcil and the Mayor is authorized
to ex ecute and the City Clerk to attest and oeal the Agreemont for and on behalf of the City of
Englewood .
~-The Subgrantee Agreement for the yaara af 1995, 1996 and 1997, Arapahoe County
Community Developmen t Block Grant Prceram pnerally contains u follows:
A. In 1974 the U.S . Concresa enacted the Houlinc and Community Development Act of
1974, a s 1ince amended (42 U.S.C. 5301 et oeq.) ("HCDA"), permittinc and providing
for the participation of the United Sta tea eovemment in a wide ranee of local housing
..nd community development activities and procram• under Title I of HCDA which
activitie& and progn,ms are administered by the U.S. Department of Houaing and
Urban Development ("HUD"); and the Home lnveatment Partnenhipa Program
("HOME") was enacted under Title II (42 U.S.C. 12701-12839) of the Cranstan-
Gonzalez National Affordable Hou ■ing Act ("NAHA") which activities and
programs are administered by HUD ;
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B. fllmgu: Tho prima,y objective of Title I of'the HCDA i1 the development ofYlablo
urban communillea by proviclinr decent hou1inr and a 1uitable livln1 enviNlllmont;
and expandinr economic opportunitin, principally for penon1 of' low and moderate
income. The primary object've of the HOME prorram i1 lo npand the 1upply of
decent, 1afe, 1anita,y and ... irdable hou■inr for low and moderate income
American,. Thue objectiv11 are lo be accomp!i1hed by the federal IIOVemment
providing financial ani1lanca puuuant lo HCDA and NAHA in the form of
Community Development Block Grant iCDBG") fund■ and HOME fund, lo It.ala
and local govemmenta lo be uud 'n the conduct lllld administration of ho111lnr and
community development activlli11 and projoctl H contemplated by the primAry
objectives of the CDBG and HOME Pror,am1;
C. To implement tho policin, objective ■ and other provi1ion of HCDA and NAHA, HUD
ha ■ i11ued ruin and "111lalion1 pemin1 the conduct of CDBG procram1,
publi1hed in 24 Code of' Federal Rqulaliona, Part 570, which rerulation1 provide that
a county may qualify u an ",uban county", u defined in Section 570.3 of the
r ~1Jation1, and the"by become eligible to receive entitlement r,anta from HUD for
the conduct of CDBG and HOME Prorram• u an urban county and that cities and
other unill of general local govtmmenta in the aame metTOpolilan 1tati1tical a"a
that do not or cannot qualify for ■eparate entitlement r,ants may be included H a
part of the urban county by entering into cooperation ar,eement with the urban county
in accordMce with the requi"ments of the Regulalion1;
D . Arapahoe County h11 qualified und~r t.',e Regulation• u an "urban county" 111,d will
receive CDBG and HOME funds HUD by annual r,ant ar,eementa, and ,II
participati ng Municipaliti •• located in the County which do not "°eive ■eparate
co mmunity development entitlement r,anta have been included u a part of the
Co unly in its CDBG Programs;
E . In 1981 , and again oince then, HUD amended the Regulations, punuant to
amendments of HCDA. Thi•~-• the qualification period for urban c,,untiea by
providing that the qualificalion by HUD of an urban county shall remain effective
for three succeHive federal fi ■cal yean regardleaa of changes in its population
during that period. It also provides that during the three year period of qualification,
no included city or other unit of' general local government may withdraw from nor be
removed from the urban county for HUD'a r,ant computation purposes, and no city or
other unit of general local government covering an additional area may be added lo
the urban county during that thlff-yaar period except in tlie cue whe" a city or other
unit lose• its designation as a metropolitan city;
F . In 1994, Arapahoe County ia IIUbmittinrto HUD the requi~ documentation to
qualify as an urban county, pursuant to Section 570.M7 of the reruJations, and to
become eligible to receive annual CDBG and HOME funds for the nut three
program year1 from Federal Fi1eal Yun 1995, 1996 and 199'/, appropriations. If
the City approves and authoriua thi1 agreement, an executed copy the~ will be
included in the documentation for thi1 ensuing period of qualification and, if
Arapahoe Colrilty qualifies, the City will thereby be included as a part of the ~rban
county and be eligible lo participate in Arapaho-. County's CDBG and HOME
Programs for the next three Program years;
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G . Arapahoe County ncocul.zu and undent.anda that It doea not have Independent
lepl authority to conrluct aome kinda or community development and houainc
a11i1t.mce activitiea within the boundariea or the City. Ther11for11, lta ability to
conduct the CDBG and HOME Proe,-am in the City ia limited by the rTquirement
that it mull obtain permlation from the City to perform aome ofthoae ~ctivitiea
within the City. Accordinely, in order for the City to be conaidered • part of the
urban county and to be included in the County'J annual request to HUD for COBO
aud HOME funda, it ia r11quired by the J!eculationa that the City and the County
e.,ter into a cooperetive agreemenl Under which the City authoruea the County to
undertake, or to auiat in undertaltinc, eaaential community development and
housing assistance activitiea within the City aa ,rpeel!led in the annual
"Conaolidated Plan•. The "Conao~dated Plan" ia to be aubmltted to HUD
annually by the County in order to receive lta annual er 'IG and HOME
entitlement grant;
H . Under general provi1ion1 of Coloredo law governing contractine betwe,n
governmental entities and by virtue of apecific authority granted in Part 2 of
Article I of Title 29, C.R.S ., any two or more political aubdhitiona of tho atate may
enter into agre,ments with one another for joint cooperative action and any une or
more political 1ubdivi1ions may contract with another or witl1 ~ leeal or
adm inistrative entity created punuant to that act to perform any governmental
service, activity or undertaking which each political aubdiviaion entering into the
contrect ia authori•ed by law to perform ;
I. Accordingly, the parties or the Agreement have determined that it will be mutually
beneficial and in the public interest orboth parties to enter into the .
intergovemment.al cooperation agreement Ttprdine the condu ct or Arapahoe
County's CDBG and HOME Proerema;
J . By entering into the intergovernmental cooperation agreement with Arapahoe
Co unty, the City of Englewood ahall be included as a part of urban Arapahoe County
for qualification and erent calculation purpoaes upon the qualifi cation by HUD of
the County to recei ve CDBG and HOME Program entitlement,; as an urban county
for the next three ouccessive Program years, January 1, 1995, through December 31 ,
1997. As provided in Section 570.307 of the Regulations, the qualification of the
County as an urban county •hall remain effective for three successive federal
fiscal years regardless of changes in ita population during that period of time and
the parties agree that the City may not withdrew from nor be removed from
incl urfon in the urban county for HUD '• grant t<>mputation purpoaea during the
period of qualification . A fully executed copy of the cooperative agreement, together
with the approving ordinance, and r111olutions of both the City of Englewood and
Arapahoe County , shall be aubmitted to HUD by the County as part afits
qualification documentation and the City of Englewood does give Arapahoe County
the suthority to carry out CDBG and HOME Proerem activities and projects which
will be funded from annual CD block erents and HOME fund• from federal fiscal
year. 1995, 1996 and 1997, appropriations and from any Program income generated
from the expenditures of those funds.
K . The City of Englewood and Arapahoe County agree to, and ahall cooperate in, the
preparation of detailed CDBG and HOME Program activities and projects to be
conducted or performed in the City during each of the three program years covered
by the Agreement and thne finalized activities and projects will be included in the
County's Consolidated Plan and r•quests for funds for those program years. The
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r.ity underttanda end •rrea•. however thet the County 1hell have llnlll
cesponaibility for eelmmr the Pl'OIJ'&Dl activiti11 and projecu to be included in
iach annual rrant req1111t and for fllinr the Conaolidated Plan with HUD on an
!:mual ba1i1 .
L . The J)llrliH 1ecognize and undentand thot the County, u a qualified 11,ban county,
,.,;1 be the entity requind to uecute all rrant arreementa received from HUD
;~s·a,uant to the County', annual requeat for CDBG and HOl."E Procram fund, and
:hat u the rrantee under the CDBG and HOME J>rocram it will be held by HUD to be
!·11•lly liable and reaponaible fo, the overall adminiatration and performance of
the annual CDBG and HOME J>rocrama, incl11din1 the projeela and activiw,1 to be
conducted in the City. Acconlinr)y, the City.,,..., that, u to all projecia and
ettivitie• performed or conducted in the City under the CD pant qreemer.t
nooived by the County which includeo the City, the County ,hall heve the ultimate
r,upervisory and administrative control.
M. The City ,hall coopente fully with the County in all (;OBG and HOME J>rocram
efcoru p,anned and performed and doe• all ow and permit the County to undertake
or u1i1t in undertekinc eaaential communi ty development and houainr
a•, siatance activities within the City u may be approved and authoriud in the
County'• ll&fllmenta, includinc the Conaoliduted Plan. The City and tho County
also 'gree to cooperate to und, .take, 01 a11ist in undertekinc, community renewal
and low er income hOUJin&' auiatance activitiea, 1petifically wban renewal and
publicly assist..! hOU1 :n1, as they may be planned and 1pecified in the County's
Consolidat..i Plan submitted annuelly to HUD far the three Protr,am yun
specified and fr r sr,:h additional time u may be required for the upenditua of
CDBG funds rnnted by the County for euch activities.
N . Pursuant to 24 CFR 570 .501 (b), the City i1 subject to the same requirements
a::,plicable to subrecipients, includinr the requirement of a written acreement as aet
forth in 24 CFR 570.503 .
0. The City understands that punuant to Section 570 .503 of the Reeu)ations, it will be
neceuary for the City to en\:o r into eepante project acreements or lllb-rrants, in
writing, wi th tile County ,vith re,pect to the actual conduct of the projecta and
activitie s approved for performance in the City for the three CDBG Program years
covered by the cooperation arreemen t ; and that the funds deaip,at..i in the
County'• Consolidat..i Plan for tho oe projecta and activities will alao be funded to
the City under those aeparate project qreementa or •~rrants. Subject to the
provisions of the Arreement, the City will administer and control Iha ;:,erformance
of the project, and a"tivitiea 1pecified in thoae aeparate project acraement~; and
will be respo·ns,ble for the exl)"nditure of the funds allocated for each 1uch project or
activity; and will conduct and perfo,:m the projects and activitiea in compliance
with the Regulations and all othe r applicable federal laws and requirements
relating to the CDBG Prorrem . The City al10 undentands and arree• that it ahall
also comply with the requirements of Section 570.503 prior to diabursine any CDBG
funds to a subrecipient of the City.
P . All CDBG Prcrram funds that are approved by HUD for expenditure under the
County ·• rrant ar,eements for the three Proeram ye11rs covered by the Ae<eemer,t,
including those that are identifi•: for projects and activities in the City, will be
budreted and allocated to the specific projects and activities deocribed and listed in
the County's Consol idat..i Plan submitted annually to HUD . Allocated funds sh all
be used and expended only for the projects or activities to which the funds are
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identitled. No project or activity nor the amount allocated therefor may be
chanpd, moditled, aubotituted or delaled by the City with reeped to any project or
activity without the prior written approval of the County and the approval of HUD,
when that approval ii required by the resulationL
Q . Becauae the Cit;y will be included u part of urban Arapahoe Count;y for the three
CDBG Program yean covered by the Cooperation Acrffment, it will do all thinp
that are appropriate and required of it to comply with the applicable provi1ion1 of the
ir,ant aereementa received by the County from HUD in which the City ii included.
The City will alao comply with the provlaiona c,l HCDA and NA!IA and all Rulea
and Reeutationa, euJdelinea, circulara, and uther requiaitea promulpted by the
various federal departmenta, aa:encies, administrations and commi11ion1
relating to the CDBG and HOME Program,. In addition, the City and the County
ahall each take all action• neceaaary to uaure compliance with the certification
required of the County by Section UM (b) of Title I of HCDA inclwlinc the National
Environmental Policy Act of 1969, Tit.le of the Civil Jliahta Act of 196•, Title VIII
of the Civil Jliahta Act of 1968, the Fair Hou1in1 Act, Section 109 of Title I of HCDA
and other laws applicable to the cond uct of the CDBG Program. In addition, the
partiea undentand and a,ree that the County may not provide any CDBG funding
for activities in, o• in aupport of the City , if the City doea not affirmatively further
fa ir housing ,..;, ita juri1diction or impede• the County'a actions to comply with
its fair ho, .ertification.
R . The City had adopted and ia enfon:ing a policy of prohibitine the Ille of e1ce11ive
fon:e by law enforcement epnciea within ita juriadict.ion aeainat any individual,
eneaeed in non-violent civil ri11ht1 demon1tration1 ; and a policy of enfon:ine
applicable atate a,,¾ local lawa a,ain•t phyaically b&rri!ll entrance. to or uit from
a facility or location which ia the aubject of auch non-violent civil rights
demonstrations within jurisdictions.
S . During the period of performance of the Aereement, the City of Englewood ahall :
1. Inform the County of any income generated by the er;penditure of CDBG
Proir,am funds received by the City;
2 . Pay over to the County any Proir,am Income received by th• City, or retain
and u se that Prog,-am Income aubject to, and in accordance with, the
requirements and provisions of the separate CD project agreements that will
be entered into between the City and the County for the actual conduct of the
CDBG Proir,am;
3 . Use any Proir,am Incom e-the City ia authorized by the County to retain only
for eligible activitiea in accordance with all CDBG Proir,am requirements as
may then apply and •• will be apecifically provided for in the aeparate CD
project aereementa between the City and the County;
4 . Keep appropriate record• regardine the recei~t of, use of, or di1po1ition of all
Program Income and make n,porta ther.;i;; to the County aa will be required
under the aeparate CD prcject a,reementa between the City and the County;
5 , Pay over to the County any Program Income that may be on hand in the event
of clo se -out or chanee in 1tat111 of the City or that may be received subsequent
to the close -out or change in status a s will be provided for in the se parate CD
proje ct agreements .
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T . Th• oeparate CD pn,jed. .,...menll or ~nll that will be mtered illto btt-n
lhe County and the City for the conduct of the COBO Pro,ram u mentioned and
referred to in the Agreement, ahall lnehule provl1lon1 aettinr forth the atandarda
which ahall apply to any real property acquired or lmprov•d by tht City In whole or
In part, u1in1 COBO or HOME PrCJ1r8m l'm>d1 . TheH 1tandard1 will Nquire the
City to:
l. Notify the County In a timely mannor of any moclincatlon or ehanp in the
use of that property from that which •a• planned at the time of the acquisition
or improvement. Thia notice Nquirement ahall Include any diapolition of
auch property.
2 . Reimburse lhe County in an amow,t equal to the current fair market value of
property acquired or improved with CDBG or HOME funda Oe11 any portion
thereof attributable to expendituret of non-CD BG funda) that 11 aold or
tranaferred for a uoe •hich dotl not qualify under the Reculationa.
3 . Pay over to the County any Program Income that ia ,eneralA!d from the
disposition or tran1fer of property either prior to, or aubsequent to , any close-
out, change of ltatu■ or termination of the Cooperation Agn,ement that i1
applicable.
U . The City, by exeeution of the Agreement undentands that it may not apply for
grants under the 1m1II cities or 1tate CDBG Programs for appropriations for fiscal
years during the period in which it i1 participatinr in the urban county'• CDBG
Program; and may not participate in a HOME conoortium except through the urban
county, regardless of whether the urban county receives a HOME formula
allocation .
V . The period of performance of the Agreement ■hall cover three CDBG Prorram
years consisting of the County·• 1st, 2nd, and 3rd Program Yean beginning
January l, 1995 and ending Deeember 31, 1997. The Agreement ia intended to cover
activities to be carried out with annual CD Block Grants and HOME Funds from
Federal Fiscal Years 1995, 1996 and 1997, appropriations and shall t,. snd remain
in full force and effect until all projeeta and activities approved and authorized to be
performed and fonded for thooe fiscal yean have loeen completed.
W. Any changes and modifications to the Agreement shall be made in writing, and
shall be executed by both parties prior to the performance of any work or activity
in vol ved in the change and be approved by HUD, if necessary, to comply with the
Regulation s.
X . l. The Agreement ,hall be and 1hall remain in force and effeet for the period of
performance 1pecified in the Agreement. When the County hu been
qualifi ed by HUD as an urban county, neither the county nor the City may
terminate the Agreement or withdraw therefrom durin1 that period of
performanti!; provided, however, if the County fails to qualify as an urban
county or does not receive a CD grant in any year of the thNe Program Years
fo r wh ich is has quali fied, or if any federal legi slation 1hould change the
qualificati on of entitlement status of the County or City, either party may
terminate the Agreement or withdraw therefrom.
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1994 .
2. The A,,-eement will be automatically renewed for participation In 1uceaa1ive
three.year qualification periocll, unleu the County or City provldH written
notice that it elects not to participete in a new qualification period. A copy of
such notice m•11t be mailed to the HUD office, in Denver. The County will
notify the City in writini of its riJht to decide to participate or not by the date
1pecified in HUD ', urban county qualification notice. The County will 11nd
a copy of its notification to the HUD officH in Denver.
S. Failure by either party to adopt amendments to the AiTeement incorporating
all changes neceuary ·to meet the requirements for cooperation qreements
set forth in the urban county qualification notice applicable for a 1ubaequent
three year period, and 1ubmittal of ■aid amendment to HUD a■ provided in
the urban county qualification notice .,;ll void the automatic renewal of 1uch
qualification period.
4. If the County qualifie1 as an uril•n county and the City is included , during the
three Program yean for which the County hu qualified, the partiu agree not
to veto or otherwise obstruct the implementation of the approved Consolidated
Plan during that three year period and for such additional time as may be
required for the upenditure of fund s granted for that period.
Introduced, read in full , and passed on firot reading on the 18th day of July, 1994.
Published as a Bill for an Ordinance on the 21st day of July, 1994 .
Read by title and passed on final reading on the ht day of August, 1994 .
Publ ished by title as Ordinance No!J/_, Series of 1994, on the 4th day of August,
"'Loucrishia A. Ellis, City Clerk
I, Lou crishia A. Ellis , City Clerk of the City of Englewood, Colo rado , hereby certify that
the above and for egoing is a true cop,b°f the Ordinance passed on final reading and
publ ished by title as Ord ;nance No.7 , Series of 1994 .
~~&mL !lt/4·
Loucrishia A Ellis
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Date
July 18, 1994
INTilA TED BY
STAFF SOURCE
COUNCD.. GOAL
COUNOL COMMUNICATION
Agenda Item
12 b
Subject Intergovernmental
Agreement for Arapahoe
County CDBG Program :
FY 1995, 1996, and 1997
Department of Community Development
Lee Merkel, Director of Community Development
Housing and Intergovernmental Cooperation
ISSUFJ ACTION PROPOSED
-Staff seeks Council support for a Bill for an Ordinance authorizing the execution of a three-
year Intergovernmental Agreement (IGA) for the Arapahoe County Community
Development Block Grant programs for federal fiscal years 1995, 1996, and 1997 bet ·,vccn
the Arapahoe County Board of County Commissioners and the City of Englewood.
PREVIOUS COUNCD.. ACTION
City Council approved the Intergovernmental Agreement with Arapahoe County by
passage of Ordinance No. 37, Series of 1991 to participate in the Federal Community
Development Block Grant Program administered by the Department of Housing and Urban
Development for federal fiscal years 1992 through 1994. City Council also approved the
submission of indiviciual year applications by passage of Ordinance No. 5, Series of 1992,
Ordinance No. 48 , Series of 1992, and Ordinance No. 17, Series of 1994.
B,l CKGROUND
The Community Deve!opment Block Grant Program rov ides grants to units of local
government in both metropolitan and non-metropolitan areas to meet housing and
community development needs . The primary objective of the CDBG program is the
development of viable urban communities by: -1. 2 .
Providing decent housing and a suitable living environment; and
Expanding economic opportw,jties, principally for persons of low and moderate in-
come .
Arapahoe County expects to receive approximately $1.4 million annually under the CDBG
program. The County has decided to allocate the $1.4 million as follows :
$1,400,000
-141,000
:........122.000
$1 ,132,000
Total Grant
More than 10% retained by County for Administrative Costs
Discretionary Pool for special projects within the County
Total allocation remaining to participating jurisdictions
The $1,132,000 balance will be distributed to each participating jurisdiction within the
county on the same percen tage that its low and moderate income population comprises the
whole county . The estimated net allocation for the City of Englewood is $265,000 annually.
This !GA also allows Arapahoe County to use the City of Englewood's population towards
its eligi bility for the Home Jnvesbnent Partnerships Program (HOHE). Any HOME funds
awarded to Ara pahoe County are not automatically shared by tht· participating CDBG
jurisdictions . The Arapahoe County Board of County Commissioners has the sole discretion
as to how moneys received under the HOME program are to be utilized. The City of
Englewood is eligible, however, to apply separately for HOME funds through the State of
Colorado.
STAFF ANALYSIS
The signing of the Intergovernmental Agreem ent will allow the City to receive its share of
the FY 1995-1997 Community Development Block Grant funds estimated to be $265,000 per A
year. The funds w ill allow for the continuation of the Housing Rehabilitation program and W
for the funding of the Family Self Sufficiency _Program sponsored by the Englewood
Housing Authority .
PROS AND CONS OF Ol'TIONS REVIEWED
Pros: This !GA is consistent with the City Council's goal of maximizing its resources
through cooperation with other governmental entities.
The !GA will provide continued funding for the Family Self Sufficiency Program and
the Housing Rehabilitation Program, incl uding the proposed addition of a
rehabilitation specialist to assist with the increased rehabilitation W07kload in the
next several yea rs .
Cons: If the !GA is not signed , the City will not re~eive the CDBG funds, which would
severely impair continuation of the Housing Rehabilitation program and the Family
Self Sufficiency Program .
FINANCIAL IMPACT
The City will recei ve an estimated $2 65,000 annually for FY 95 , 96 and 97 from the CDBG
program . The City provides financing for th e staff necessary to execute the Housing &
Re habilitati on Prog ram . W