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HomeMy WebLinkAbout3102 RESOLUTION NO.3 1 0 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND THE CITY CLERK OF THE CITY OF AUBURN TO ENTER INTO AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY AND KING COUNTY, FOR THE PURPOSES OF ADMINISTERING THE FEDERAL HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME). WHEREAS, the City of Auburn, Washington is a participant in the King County HOME Consortium, which provides for Federal funds to be used for low-income housing rehabilitation and construction; and WHEREAS, King County currently administers this program on behalf of the Consortium; and WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires each jurisdiction to sign an agreement as a condition for participating in the partnership and receiving these federal funds; THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1. The Mayor and City Clerk of the City of Auburn, Washington are herewith authorized to execute the "HOME Investment Partnerships Program Interlocal Cooperation Agreement", attached hereto. -------------------- Resolution No. 3102 June 30, 1999 Page 1 Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. I.~ DATED and SIGNED this II day of July, 1999. CITY OF AUBURN c~ A. B~ CHARLES A. BOOTH MAYOR ATTEST: ~A~¿.. / DA IELLE DASKAM, City Clerk APPROVED AS TO FORM: ~~ Michael J. Reynolds, City Attorney ---------------------------------- Resolution No. 3102 June 30, 1999 Page 2 ... .. ~ ~ C'f'> - c:> CJ c::;n C'lo co <::::I . c:;:J , c:;:J . C) r-,¡ ~ :"p 1 R 2000 1111111111111111 20000829001322 PACIFIC N~ TIT AG 11." PAGE "1 OF ..4 'S/Z8/Z'" 15:Z3 KING COUNTY, ~A r c "'.:'"' .( . '1 c Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): 4 \ \ \ INTERLOCAL COOPERA TION AGREEMENT (RES 3102) Reference Number(s) of Documents assigned or released: OAdditional reference #'8 on page of document l.. Grantor(s)/Borrower(s) (Last name first, then first name and initials) City of Auburn Grantee/Assignee/Beneficiary: (Last name first) KING COUNTY Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) N/A o Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number 's..w iJOOu 'NN'It\f' Wlil)) fl¡&Q j\'~' ~ .,., ~ ~hìO'M\ nÖ. ... «:Wf'I1INÚð1IrJn 0fIf} It. ~ not ~ '1iUf..-..d .IN! 10 P'~ ..~ .. .~~,~,~.., N/A o Assessor Tax # not yet assigned HOME INVESTMENT PARTNERSHIPS PROGRAM INTERLOCAL COOPERATION AGREEMENT THIS AGREEMENT is entered into between King COúIlty, an urban county pursuant to 24 CFR Subpart 92.101 and Subpart 570.3, hereinafter referred to as the "County," and the City of Auburn hereinafter referred to as the "City." said parties to the Agreement each being a unit of general local government of the State of Washington. RECITALS WHEREAS, a unit of general local government that is included in an urban county may be part ofa HOME consortium only through the urban county; and WHEREAS, a metropolitan city or an urban county may be part of a consortium; and WHEREAS. the City and King County agree that it is mutually desirable and beneficial to enter into a consortium arrangement pursuant to and authorized by 24 CFR Part 92 and 42 USC § 12746 for purposes of the HOME Investment Partnerships Program. hereinafter referred to as "HOME Program"; NOW, THEREFORE. IN CONSIDERATION OF THE FOREGOING ~ CIRCUMSTANCES AND IN CONSIDERATION OF THE MUTUAL PROMISES ~ CONTAINED HEREIN. IT IS AGREED THAT: -- c:;::) = en 1. This Agreement is made pursuant to the National Affordable Housing Act of 1990, as amended. 42 USC § 12701 et. seq. (the "Act") and RCW 39.34, the Intergovernmental Cooperation Act. ("'-4 0::> c::> c::;) . c::;) , c::;) ("-oJ 2. The City and the County agree to cooperate to undertake or assist in undertaking HOME Program housing assistance activities which are eligible under 24 CFR Part 92. 3. The County is hereby authorized to act as the representative member on behalf of the Consortium for the purposes of the HOME Program. The County agrees to assume overall responsibility for ensuring that the Consortium's HOME Program is carried out in compliance with federal requirements and the housing objectives of the City and the County as adopted in the Consolidated Housing and Community Development Plan (Consolidated H&CD Plan). The City agrees to cooperate fully with the County in the development and preparation of the Consolidated H&CD Plan. and to prepare and provide those elements specifically pertaining to the City. 4. This Agreement shall remain in full force and effect for the period necessary to plan and carry out all activities that will be funded ITom HOME funds awarded for the 2000. 2001. and 2002 federal fiscal years. the three-year qualification period that coincides with the Agreement for the Distribution and Administration of Community Development Block Grant. or until the County's designation as a participating HOME jurisdiction or an urban county is rescinded by the United States Department of Housing and Urban Development, whichever is shorter. This agreement will be automatically renewed for participation in successive three-year qualification periods. unless the county or the city provides written notice it elects not to participate in the new qualification period. Such written notice shall be given by the date set forth in an. Urban County Qualification Notice applicable to subsequent three-year qualification periods and provided by the United States Department of Housing and Urban Development. 5. The city and the county agree to adopt any amendments to the agreement incorporating changes necessary to meet the requirements for cooperation agreements set forth in an Urban County Qualification Notice applicable for a subsequent three-year qualification period. and to submit such amendment to the United States Department of Housing and Urban Development. Failure to adopt such amendment will void the automatic renewal of such qualification period. Attachrænt - Resolution No. 3102 '''"' "" C'r) or- CJ ';-,. CI"J C"l co 0;::, C;) Q c::::J r-, 6. During the tenn of this Agreement, neither the County nor the City may withdraw from participation from their respective obligations under this Agreement. 7. By executing the HOME Agreement, the City understands that it may not participate in a HOME consortium except through the urban county, regardless of whether the urban county receives a HOME fonnula allocation. 8. This Agreement shall be executed in three counterparts, each of which shall be deemed an original, by the chief executive officers of the County and the City, pursuant to the authority granted them by their respective governing bodies. One of the signed counterparts, accompanied by copies of the authorizing resolutions from the County and the City, shall be filed by the County with the Region X office ofHUD. A copy shall be filed with the Secretary of State and the Clerk of the King County Council, the County Auditor, and the City pursuant to RCW 39.34.040. 9. The County and the City both hereby agree to affinnatively further fair housing. 10. Joint Recommendations Committee Composition. The Committee shall be composed of four County representatives and five Cities representatives. The four County representatives may be Department Directors or their designees, and/or citizen representatives of unincorporated communities. County representatives shall be specified in writing and should, where possible, be the same person consistently ITom meeting to meeting. Five participating city representatives and their alternates will include city planning directors or comparable level staff, or elected officials. Two city representatives and their alternates will be from the north/east region ofthe County and two city representatives and their alternates will be from the south region of the County. An additional revolving position on this Committee shall be rotated between the HOME-only Cities of Auburn and Bellevue. The revolving position will be non-voting, except on issues related to the King County HOME Consortium and other federal housing-related funds (excluding Community Development Block Grant). 11. Appointments. The King County Executive shall appoint the County representatives. The Suburban Cities Association will select eight different jurisdictions, four to serve as members and four as alternates, which in turn, will assign representatives to this Committee. Tenns of office shall be for two years. Priority for one of the positions will be for a small city representative. The revolving HOME position will be appointed annually by the respective jurisdiction. Members of the Committee shall serve at the pleasure of their respective appointing authorities. 12. The Joint Recommendations Committee will adopt HOME program policies, consistent with the Consolidated H&CD Plan, developed by the City and County staff working group. The Joint Recommendations Committee will approve funding decisions. All funding decisions must be in accord with adopted policies. Once the policies are adopted, the City, as a representative member of the Consortium, shall also have the right to comment on any program changes prior to their implementation by the County. 13. The chairperson and vice-chairperson of the Joint Recommendations Committee shall be chosen from among the members of the Committee by a majority vote of the members for a tenn of one year beginning the first meeting of the calendar year. Attendance of five members will constitute a quorum. 14. The City shall participate jointly with the County in the development of the ConsortiUIÌl's HOME Program by participating in development of a HOME Program strategy sufficient to accommodate both the collective and individual housing objectives contained within local comprehensive plans or other adopted plans of both the City and the County. 15. Federal HOME funds, allocated to the Consortium, shall be used to fund housing assistance activities that are the subject ofthis Agreement. The City and the County shall cooperate in the establishment of budgets for separate HOME activities. The County intends to enter into contractual agreements with any city, nonprofit organization, or other entity that it selects to implement HOME activities. The County's administrative costs will be paid from the HOME grant, after review and approval by the Joint Recommendations Committee. 16. This agreement applies to the Consortium's acceptance of other federal housing-related funds which may be allocated by fonnu1a to the Consortium. Allocation decisions for these funds will be subject to policies and procedures developed by the City and County staffworking group and adopted by the Joint Recommendations Committee. This Agreement is legally binding and valid upon signature of all parties. CITY OF AUBURN KING COUNTY ~J~~f). ßc~ Mayor Signature of Chief Executive Officer '-- N N :ry Q ~ C"1 Charles A. Bcx:>th, Mayor Name and Title (printed) - c--.¡ I:C) c::> Date: July 6, 1999 Date: g-j;[/~ c;;::) c;:) c:::> c--I h:\users\ica \97 -99hm.doc AMENDMENT NO.1 HOME INVESTMENT PARTNERSHIPS PROGRAM INTERLOCAL COOPERATION AGREEMENT THIS AMENDMENT to the HOME Investment Partnerships Program Interlocal Cooperation Agreemen~u~st 18, 1999 is entered into by and between King County and the City of JI \A(Ý\ , said parties to the Agreement each being a unit of general local government in the State of Washington. WITNESSETH: WHEREAS, King County and the City entered into a HOME Investment Partnerships Program (HOME) interlocal cooperation agreement (the "Agreement") in 1999 for the purpose of fonning a HOME consortium and undertaking HOME Program housing activities; and WHEREAS, tbere is mutual recognition of the need to amend this Agreement to increase participating cities' representation on the inter-jurisdictional Joint Recommendations Committee: NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: Paragraph 10 is deleted and replaced with the following new Paragraph 10: Joint Recommendations Committee Composition. The Committee shall be composed of three (3) County representatives and seven (7) cities representatives. The three County representatives will be King County Executive staff with broad policy responsibilities,andJor Department Directors, and/or elected representatives of Unincorporated Area Councils. County representatives shall be specified in writing and should, where possible, be the same person consistently from meeting to meeting. The seven cities representatives will be elected officials, chief administrative officers, or persons who report directly to the chief administrative officer and w:ho have broad policy responsibilities, e.g., planning directors, department directors, etc, Three of the seven cities representatives will be from the CDBG "Pass- through" cities and the CDBG "Small" cities, at least one from each group (the third may be from either). Two of the seven cities representatives shall be rotated among the CDBG "Joint Agreement" cities of Federal Way, Shoreline and Renton. Two of the seven cities representatives shall be rotated among the "HOME-only" Cities of Auburn, Bellevue and Kent, and these two representatives will vote only on issues related to the King County HOME Consortium and other regional housing-related funds (excluding CDBG), For all the rotating positions, each city will serve two years on and one year off, except that during the first year (2004) one city in each group will serve a one-year tenn. Cities not serving in a position in a certain year may serve as an alternate, The rotation cycles of the two groups will be coordinated to achieve broad sub-regional representation. (The chart below sets forth the rotation schedule for the four rotating city representatives.) If any city, in accordance with HUD instructions, notifies the County of its intent to change its status at the end of the three-year qualification period, and as a result the number of CDBG "Joint Agreement" or "HOME-only" cities changes, County staff shall initiate a timely process to revisit the cities representation on the JRC. Joint 2004 2005 2006 2007 2008 Agreement Federal Way X X X X Shoreline X X X Renton X X X HOME-only 2004 2005 2006 2007 2008 Kent X X X X Auburn X X X Bellevue X X X . . . Paragraph 11 is deleted and replaced with the following new Paragraph 11: Appointments. The King County Executive shall appoint the County representatives. The CDBG "Pass-through" cities and the CDBG "Small" cities will provide for the appointment of their shared representatives in a manner to be detennined by those cities through the Suburban Cities Association or other agreed mechanism for the execution of shared appointing authority. The Suburban Cities ' Association or other agreed mechanism will work in coordination with the "Joint Agreement" and "HOME-only" cities to achieve broad sub-regional representation. The representatives of the revolving CDBG "Joint Agreement" cities and the representatives of the revolving "HOME-only" cities shall be appointed by their respective jurisdictions. Members of the Committee shall serve at the pleasure of their respective appointing authorities. IN WITNESS THEREOF, the parties have executed this Amendment. King County, Washington, a political City of 4¿v.llJ\./ Subdivision of the State of Washington a municipal corporation of theSt~p ;> By: ~~, ) signature ~.F~~ t£-.AM printed name By: 8lJjqj~ s re JACKlt:. (hflrjjJ/,) printed name Title: I) GffS t) J Qtf-.t/V fC Date: 3/1/0 ~ I I APPROVED AS TO FORM: Nonn Maleng King County Prosecuting Attorney _f'n CV\C\OJìotVkQ Margaret Pool) King County Prosecuting Attomey~ Û'f'\-~) Title: (Y\\::¡~o~ Date: ~~ \~mLf