HomeMy WebLinkAboutRes 0758 - 1981-1983 Community Development Block Grant (CDBG)
WASHINGTON
RESOLUTION NO. 758
A RESOLUTION OF THE CITY OF TUKWILA, WASHINGTON,
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
KING COUNTY REGARDING PLANNING FOR USE AND
DISTRIBUTION OF CERTAIN BLOCK GRANT FUNDS FOR
PROGRAM PERIOD 1981 -1983 UNDER THE COMMUNITY
DEVELOPMENT ACT OF 1974.
WHEREAS, the City of Tukwila has participated with King County
in the utilization of Housing and Community Development Block Grant
funds through a joint cooperation agreement pursuant to the Housing
and Community Development Act of 1974, and
NOW, THEREFORE,THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON DO RESOLVE AS FOLLOWS:
(COUNCIL ACTION
WHEREAS, the City of Tukwila desires to continue participation
in the Housing and Community Development program for the term 1981 through
1983, and
WHEREAS, it is necessary that an agreement be entered into
allowing King County to administer the Block Grant funds during such term.
Section 1. That the Mayor, on behalf of the City of Tukwila,
is hereby authorized to execute the attached agreement desig-
nating Tukwila as a participant in the King County Consortium
for the purposes of implementation of the Housing and Community
Development Act of 1974.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a regular meeting thereof this d 'day of 1980.
roved as to Form
ity Attorney, Lawr c E Hard
Mayor
ATTEST:
'City Clerk
\MD 2CS )S
0
,E� "C° AGREEMENT FOR PLANNING, THE DISTRIBUTION OF CERTAIN
Cp' BLOCK GRANT FUNDS AND EXECUTION UNDER THE HOUSING
1 0 g CO AND COMMUNITY DEVELOPMENT ACT OF 1974, AMENDED.
2 THIS AGREEMENT, made this 14 day of SE,49/ErnaEk 1980
3 by and between the governing body of King County and the undersigned
4 incorporated municipal jurisdiction within King County.
5 WITNESSETH:
6 WHEREAS, the Federal Government through adoption and administration of
7 the Housing and 'Community Development Act of 1974, as amended, hereafter
8 referred to as the Act," will make funds available to the County of King
9 for expenditure during the 1981 -83 funding years; and
10 WHEREAS, the area encompassed by King County, exclusive of Seattle
11 and Bellevue, has been designated by the U.S. Department of Housing and
12 Urban Development, hereafter referred to as "HUD," as an urban county; and
13 WHEREAS, the Act allows Joint participation of units of general purpose
14 Government within an urban county, and a distribution of some or all of
15 these funds to such Governmental units; and
16 WHEREAS, THE King County Council by Motion 1808 has established a
17 Joint Policy Committee, hereinafter referred to as the "Committee," described
18 in Section III of this Agreement and a method for allocating funds described
i9 in Section II of this Agreement; and
20 WHEREAS, a majority of Block Grant funds available to our urban county
21 are based on the population characteristic; and
22 WHEREAS, the Block Grant Regulations and King County Council Motion
2 3' No. 1808 require the acceptance of both the Housing Assistance and Three
24 Year Plan for Community Development by participating jurisdictions; and
25 WHEREAS, these plans must be realistic and a process must be
26 established to settle any disagreements between the County and participating
27 jurisdictions; and
28 WHEREAS, King County will undertake Block Grant funded activities
29 in participating incorporated jurisdictions as specified in the Three Year
30 Plan by granting funds to those jurisdictions for their execution, and by
31 undertaking such activities directly as are authorized by amendment to this
32 Agreement; and
33 WHEREAS, King County as the applicant is responsible to the Federal
1 Government for all activities undertaken with Block Grant funds; and
2 WHEREAS, the Housing Assistance and Three Year Plans must be revised
3 annually by King County and participating jurisdictions and submitted to
4 HUD as part of an annual application; and
5 WHEREAS, the purpose of this Cooperation Agreement, which is entered
6 into pursuant to and in accordance with the State Interlocal Cooperation
7 Act, RCW Chap. 39.34, is to form an urban county arrangement for planning
8 distribution of Community Development Block Grant funds and for execution of
9 projects in accordance with and under authority of the Housing and Community
10 Development Act of 1974, as amended.
11 NOW, THEREFORE, IT IS AGREED THAT:
12 I. GENERAL AGREEMENT
13 King County and each participating jurisdiction shall cooperate
14 in undertaking, or assisting in undertaking, essential community
15 development and housing assistance activities, specifically urban
16 renewal and publicly assisted housing, as specified in the Community
1 Development Program and Housing Assistance Plan portions of the
18 application, for the program years covered by the Agreement.
19 II. DISTRIBUTION OF FUNDS
20 The Distribution within King County, exclusive of Seattle and
21 Bellevue, of Community Development Block Grant Entitlement Funds
22 under Title I of the Act shall be governed by the following
23 provisions:
24 A. Five percent of the entitlement amount shall be reserved
25 for administration of the Block Grant Program by King
26 County.
27 B. Ten percent of the monies remaining after II (A) shall be
28 reserved for allocation by the Joint Policy Committee
29 with the concurrence of the County Council for innovative
3 projects sponsored jointly by two or more member
31 jurisdictions of the Consortium. Projects shall be
32 consistent with the Three Year Plan for Community
33 Development. These funds are part of the Needs Funds
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described in II (E)(2) and II (F)(2) below.
C. The monies remaining after II (A) and II (B) above shall
1 be divided into two funds, one designated for the county
2 and the second for the incorporated areas, according to
3 the monies brought to the fund based on population, poverty
4 (counted twice), and overcrowding, provided that considera-
5 tion be given in subsequent years to the advantage of pooling
6 all monies into a single fund.
7 D. In determining the portions of monies attributable to popula-
8 tion and need characteristics under II (E) and II (F) below,
9 a minimum of fifty percent (50 of all monies remaining
10 after II (A) shall be assigned based on need (termed Needs
11 monies).
12 E. The County funds shall be allocated as follows:
13 1. That portion of the monies brought to the fund based on
14 population shall be allocated to the unincorporated area,
15 and
16 2. That portion of the monies brought to the fund based on
17 need characteristics shall be allocated according to
i8 need without regard to boundaries of participating
19 jurisdictions.
20 F. The funds for the incorporated jurisdictions shall be
21 allocated as follows:
22 1. That portion of the monies brought to the fund based
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24 to the jurisdiction, and
25 2. That portion of the monies brought to the fund based
26 on need characteristics shall be allocated according
27 to need in the incorporated areas.
28 G. The receipt of funds provided for in II (E) (1) and II (F) (1)
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1 (i.e. population monies) is contingent upon review of projects
2 by the Committee, as provided in IV (B)(4).
3 H. Receipt of funds provided for in II (E)(2) and II (F)(2)
4 (i.e. needs monies) is contingent upon review and prioritizing
5 of projects by the Committee and approval by the King County
6 Council as provided in Section IV (B)(5). Review and
7 prioritization will be based upon the Three Year Plan for
8 Community Development.
9 I. If a project application is determined by a reviewing authority
10 to be ineligible under the Act or Regulations, then the
11 monies which would have been assigned to that project will
12 remain in the original fund to which they were allocated.
13 These monies will be made available for subsequent, valid
14 project applications. If the monies assigned to a project
15 exceed the actual cost, then the excess will be reallocated
16 to the fund of origin for similar redistribution.
17 III. USE OF FUNDS: GENERAL PROVISIONS
18 A. The jurisdiction shall specify activities and projects which
19 it will undertake with these funds.
20 B. The jurisdiction must conduct appropriate citizen participation
21 activities.
22 C. Approval of activities must be secured in the annual plan,
23' and approval of projects must be secured in formal grant
24 applications.
25 D. General administrative costs incurred by each participating
26 jurisdiction shall be paid for out of funds received based on
27 population or from local funds. Costs incurred in administering
28 projects shall be included in project costs.
�9 E. That portion of the monies as provided for in II (F)(1) which
3 have not been allocated to a viable project within twelve (12)
3 months from the beginning of the program year shall be
32 recaptured for redistribution to incorporated jurisdictions
33 contingent upon review of projects by the Committee as
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1 provided in IV(B)(6). Review and prioritization will be
2 based upon the Three Year Plan for Community Development.
3 IV. JOINT POLICY COMMITTEE
4 There shall be established a Joint Policy Committee.
5 A. Composition. The Committee shall be composed of the following
6 persons or their designee (who shall be specified in writing
7 by the elected member, and who shall be the same person
8 consistently from meeting to meeting): The King County
9 Executive, two King County Councilpersons to be selected by
10 the Council, and three elected officials of participating
11 incorporated jurisdictions selected by the Suburban Mayors
12 Association. Members of the Committee shall serve at the
13 pleasure of their respective appointing authorities. The
14 Chairperson of the Committee shall be chosen from among the
15 members of the Committee by a majority vote of the members
16 for a term of one year, PROVIDED that a representative of a
17 suburban city shall be designated as Chairperson at least
18 once in every two years.
19 B. Powers and Duties. The Committee shall be empowered to:
20 1. Review and recommend to the County Council all policy
21 matters including allocation of funds.
22 2. Review Housing and Community Development objectives, plans,
23 programs, strategies, target areas, and funding levels
24 for recommendation to the King County Council and other
25 participating jurisdictions.
26 3. Review and recommend program nuidelines for project
27 proposals submitted by participating jurisdictions. These
28 guidelines shall define Community Development needs to
29 be addressed, target areas and populations to be assisted,
30 and priorities for funding.
31 4. Review and approve project proposals for funding under
32 II(E)(1) and II(F)(1) which are consistent with the
33 King County Housing and Community Development Objectives.
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16 A. Responsibilities to the Committee. The staff shall:
17 1. Solicit and present to the Committee all applicable
18 Federal and County policy guidelines, special conditions,
19 and format requirements related to the preparation of
20 the Housing Assistance and the Three Year Plan for Community
21 Development and related to administration of the programs
22 under these plans.
23 2. Prepare and present written materials required by HUD
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5. Review specific project proposals submitted by participating
jurisdictions for purposes of funding under II (E)(2)
and II (F)(2) and recommend to them and the County Council
their approval, disapproval, or alteration.
6. Review specific project proposals submitted by participating
jurisdictions for purposes of funding under III (E) and
make recommendations to the jurisdictions and County Council
for approval, disapproval, or modification.
7. Review staff suggestions for projects and programs to be
evaluated and recommend projects and programs for evaluation.
8. Be the arbitrator of plan and program disagreements between
King County and other participating jurisdictions.
V. DUTIES OF THE KING COUNTY STAFF
The King County Staff, hereinafter referred to as "the staff,"
shall fulfill the following duties:
and the King County Council as components of the annual
King County Housing Assistance and Community Development
Plans to be prepared pursuant to this Agreement,
including but not limited to: collection and analysis
of data; identification of problems, needs and their
locations; development of long and short term objectives;
consideration of alternative strategies; and preparation
of action year program and budgets, except that the
initial activity descriptions and budgets proposed
for inclusion in the annual plan shall be prepared by
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agents of the parties to this Agreement.
3. Recommend target areas to be addressed, target populations
to be assisted and policies for funding.
4. Prepare and present to the Committee project evaluation
reports for selected projects.
B. Responsibilities to Jurisdictions Which Are Parties to This
Agreement. The staff shall:
1. Solicit and present all applicable Federal and County
policy guidelines, special conditions, and format
requirements related to the preparation of the Housing
Assistance Plan and the Three Year Plan for Community De-
velopment and related to program administration.
2. Identify supplemental sources of funding to increase the
participating jurisdiction's capability to conduct
effective Community Development activities.
3. Prepare and present written materials required by HUD and
the King County Council as components of the annual King
County Housing Assistance and the Three Year Plan for
Community Development to be prepared pursuant to this
Agreement, including but not limited to collection
and analysis of data; identification of problems, needs and
their location; development of long and short term
objectives; consideration of alternative strategies; and
preparation of action year programs and budgets. The
initial activity descriptions and budgets proposed for
inclusion in the annual plan shall be prepared by agents of
the parties to this Agreement.
4. Prepare and present project evaluation reports for
selected projects.
5. Present to the King County Council, as appropriate, the
locally adopted annual plan in general, and the included
projects in particular.
6. Administer the Housing and Community Development Program.
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1 VI. RESPONSIBILITIES AND POWERS OF JURISDICTIONS
2 The jurisdictions participating in this Agreement shall have the
3 following responsibilities and powers:.
4 A. Subject to review by the Committee, each participating
5 jurisdiction shall determine the use of funds allocated to
6 it based on population in a manner consistent with the Three
7 Year Plan for Community Development developed cooperatively by
8 the member jurisdictions, adopted by the Joint Policy
9 Committee and approved by the King County Council. Disposition
10 of monies in case of project invalidity or in case of excess
11 funds remaining after project completion, shall be in
12 accordance with II (I) above.
13 B. The legislative authority of each participating jurisdiction
14 shall approve or disapprove activities, areas and budgets
15 submitted by its agents prior to approval by the Committee
16 for inclusion in the annual plan. Approval shall be given
17 by motion or resolution.
18 C. Parties to this Agreement shall submit drafts of project
19 proposals to the staff for review as to consistency with
20 objectives and guidelines prior to the presentation of the
21 proposals to the Committee and to the King County Council,
22 where appropriate. Each participating jurisdiction shall
23 fulfill to King County's satisfaction all relevant requirements
24 of Federal laws and regulations which apply to King County
25 as applicant, including assurances and certifications.
26 VII. RESPONSIBILITIES AND POWERS OF KING COUNTY
27 King County shall have the following responsibilities and powers:
28 A. The King County Council shall have authority and responsibility
29 for all policy matters including plan and project approvals,
3 after review and recommendation by the Committee.
31 B. The King County Executive, as administrator of this Housing
32 and Community Development Program, shall have authority and
33 responsibility for all administrative requirements for which
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1 the County is responsible to the Federal Government.
2 C. The King County Executive shall have authority and responsibility
3 for all fund control and disbursements.
4 D. Notwithstanding any other provision contained in this Agreement,
5 King County as the applicant for Block Grant Funds has sole
6 responsibility for and assumes all obligations as the applicant
7 in the execution of this Community Development Program.
8 Nothing contained in this Agreement shall be construed as
9 an abdication of those responsibilities and obligations.
10 VIII. GENERAL TERMS
11 A. Any party to this Agreement shall be permitted to withdraw
12 from this Agreement at the end of 1981, 1982, or 1983
13 program years upon written notice to HUD and King County
14 at the time the Cooperation Agreement is renewed.
15 B. It is understood that by signing this Agreement the jurisdiction
16 shall accept the Housing Assistance Plan and its "Realistic
17 Annual Goals."
18 C. It is recognized that amendment of the provisions of this
19 Agreement may become necessary, and such amendment shall take
20 place when both parties have executed a written addendum
21 to this Agreement.
22 D. Population figures as used herein shall refer to "The Official
23 Population of Cities, Towns and Counties" as published
24 annually by the State of Washington Office of Program
�5 Planning and Fiscal Management, subject to any later adjustments
26 or correction as to the population of any participant which
27 is officially recognized by the Office of Program Planning
28 and Fiscal Management.
29 E. Participating jurisdictions shall be considered to be those
3 jurisdictions which have signed this Agreement.
3 F. The duration of this Agreement shall be three program years.
32 G. Jurisdictions undertaking activities and /or projects with
33 these Block Grant funds retain full civil and criminal
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liability as though these funds were locally generated.
H. King County retains environmental review responsibility for
purposes of fulfilling requirements of the National
Environmental Policy Act, under which the County may require the
local incorporated jurisdiction or contractor to furnish data,
information, and assistance for the County's review and
assessment in determining whether King Country must prepare an
Environmental Impact Statement.
I. Jurisdictions retain responsibility in fulfilling the
requirements of the State Environmental Policy Act under
which the County has review responsibility only.
PARTICIPATING JURISDICTION:
SGNATURE OF DESIGNATED OFFICIAL
M CA -44
OFFICIAL TITUE
Approved as to Form
FOR NORM MALENG
KING COUNTY PROSECUTING ATTORNEY
KING CONT?t'; IASHINGTON
J
1 0
"JOHN D. iSPELLMAt
KING COUNTY EXECUTIVE