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HomeMy WebLinkAboutAgenda - 09-03-1996 - VIII-K e • 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: September 3, 1996 SUBJECT: HOME Program Consortium Agreement Amendment DEPARTMENT: Housing and Community Development PUBLIC HEARING: >,... BUDGET AMENDMENT: (Y/N) <"£Y ATTACHMENT(S): INFORMATION CONTACT: Consortium Agreement Amendment Tara Fikes TELEPHONE NUMBERS: - -ext. 2490 Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 227-2031 PURPOSE: To authorize the execution of an amendment to the HOME Consortium Agreement for the period July 1, 1997 through June 30, 2000. BACKGROUND: In August 1992, the Orange County HOME Consortium was formed by mutual consent of the Towns of Carrboro, Chapel Hill, Hillsborough and Orange County. The County as designated as lead entity and thus responsible for program administration. At that time, a Consortium Agreement was approved by the elected bodies of the member governments. The County was notified that the Agreement was expiring a new Agreement was necessary to continue to be eligible for HOME Program funding. A new Consortium Agreement was developed and approved by all elected bodies and submitted to HUD for their review and approval. HUD has since indicated that some minor revisions need to be made in order to the document prior to final approval. The reasons for the changes are indicated below and the necessary changes are in bold type in the amendment document. 1. The agreement must specify the exact dates of the term of the Agreement. The dates of the Agreement will change since HUD now states the term should begin July 1, 1997 instead of July 1, 1996 as they had originally stated. 2. The citation in Section III, Paragraph D was incorrect. 3. The Agreement must state that each member of the Consortium agrees to the certifications contained in Paragraph S. The document now says that the Consortium agrees to these certifications. 2 This information has been conveyed to all member governments and local boards will be considering the,amendment on the following dates: Chapel Hill - August 26, 1996; Carrboro - August 27, 1996; and Hillsborough- September 17, 1996. The amendment language has been forwarded to the County Attorney for review and approval. RECOMMENDATION(S): To authorize the execution of an amendment to the HOME Consortium Agreement for the period July 1, 1997 through June 30, 2000 and authorize the Manager to sign the amendment upon the review and approval of the County Attorney. 3 NORTH CAROLINA ORANGE COUNTY Amendment to Orange County HOME Consortium HOME Investment Partnership Program Consortium Agreement THIS AGREEMENT made and entered into by and among the County of Orange (hereinafter "County"), the Town of Carrboro, the Town of Chapel Hill, and the Town of Hillsborough (hereinafter "Towns"), each being a general local governmental unit of the State of North Carolina, and is made pursuant to North Carolina Statutes, Article 20 of Chapter 160A. WHEREAS, County and Towns entered into the Orange County HOME Consortium HOME Investment Partnership Program Consortium Agreement (hereinafter"the Agreement") on or about June 25, 1996; and WHEREAS, County and Towns agree that it is desirable and in the interests of their citizens to secure approval by the federal government be considered as a consortium under the federal HOME Program operated by the U.S. Department of Housing and Urban Development as authorized under the HOME Investment Partnership Act, Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990, as amended; and WHEREAS, the proper administration of the Agreement requires that there be amendments to the Agreement; NOW, THEREFORE, the County and Towns agree that the Agreement is amended as follows: Section III, Agreement Rewrite Paragraph A to read: A. The term of this Agreement begins with the effective date of july 1, July 1, 1997 and ends June 30, 2000. Subject to the requirements of Pa graph D of this Section, the County and Towns agree that the terms of this Agreement cover the period necessary to carry out all activities that will be funded from funds awarded during three federal fiscal years (Fiscal Years 1997, 1998, and 1999) and that all members of OHC will remain in OHC for the entire period. The Agreement remains in effect until the HOME funds from each of the federal fiscal years of the qualification period are closed out pursuant to 24 CFR 92.507. 4 Rewrite Paragraph D to read: D. The County and Towns mutually agree that the County as Lead Entity shall assume overall responsibility for ensuring that the OHC HOME program meets the requirements concerning the Consolidated Plan is accordance with HUD regulations in 24 CFR Parts 92 and 91, respectively, and the requirements of 24 CFR 92.350(a)(5); and further, ensuring that the OHC HOME program is carried out in compliance with the requirements of the Act, the Regulations and the Federal Program Requirements. The Towns agree to assist the County in maintaining compliance with the Act, the Regulations, and the State and Federal Program Requirements for the full compliance period, extending to and continuing beyond the expiration of this Agreement. Rewrite Paragraph S to read: S. In accordance with the Act and the Regulations, each member of the Orange County HOME Consortium composed of the County of Orange, the Town of Carrboro, the Town of Chapel Hill, the Town of Hillsborough, certifies that it will direct its activities to the alleviation of housing problems within Orange County, that it will affirmatively market HOME-assisted housing as defined in Section 92.351 of the Regulations and will affirmatively further fair housing in accordance with applicable federal and State laws. The County and the Towns have authorized this Agreement Amendment to be duly executed under seal and have set their hands and seals on the day and year specified below. TOWN OF CARRBORO Robert Morgan Town Manager ATTEST: 5 NORTH CAROLINA ORANGE COUNTY This is to certify that on this day personally came before me , with whom I am personally acquainted, and being by me duly sworn, says that Robert Morgan is the Town Manager, and that she the said , is the Town Clerk of the Town of Carrboro, the municipal corporation named within and which executed the foregoing instrument; that she knows the common seal of said corporation; that the seal affixed to said instrument is said common seal; that the name of corporation was subscribed thereto by the said Town Manager and that the said Town Manager and said Town Clerk subscribed their names hereto and said common seal was affixed, all by order of the Board of Aldermen of the Town of Carrboro and that said instrument is the act and deed of said corporation. Witness my hand and notarial seal, this the day of , 1996. Notary Public My Commission expires: TOWN OF CHAPEL HILL W. Calvin Horton Town Manager ATTEST: NORTH CAROLINA ORANGE COUNTY This is to certify that on this day personally came before me , with whom I am personally acquainted, and being by me duly sworn, says that W. Calvin Horton is the Town Manager, and that he the said , is the Town Clerk of the Town of Chapel Hill, the municipal corporation named within and which executed the foregoing instrument; that she knows the common seal of said corporation; that the seal affixed to said instrument is said common seal; that the name of corporation was subscribed thereto by the said Town Manager and that the said 6 Town Manager and said Town Clerk subscribed their names hereto and said common seal was affixed, all by order of the Town Council of the Town of Chapel Hill and that said instrument is the act and deed of said corporation Witness my hand and notarial seal, this the day of , 1996. Notary Public My Commission expires: TOWN OF HILLSBOROUGH Eric Swanson Town Manager ATTEST: NORTH CAROLINA ORANGE COUNTY This is to certify that on this day personally came before me , with whom I am personally acquainted, and being by me duly sworn, says that Eric Swanson is the Town Manager, and that she the said , is the Town Clerk of the Town of Hillsborough, the municipal corporation named within and which executed the foregoing instrument; that she knows the common seal of said corporation; that the seal affixed to said instrument is said common seal; that the name of corporation was subscribed thereto by the said Town Manager and that the said Town Manager and said Town Clerk subscribed their names hereto and said common seal was affixed, all by order of the Town Board of the Town of Hillsborough and that said instrument is the act and deed of said corporation. Witness my hand and notarial seal, this the day of , 1996. Notary Public My Commission expires: 1 7 ORANGE COUNTY John M. Link, Jr. County Manager ATTEST: NORTH CAROLINA ORANGE COUNTY This is to certify that on this day personally came before me Beverly A. Blythe, with whom I am personally acquainted, and being by me duly sworn, says that John M. Link, Jr. is the County Manager, and that she the said Beverly A. Blythe, is the Clerk to the Board of Commissioners of the County of Orange, the body politic and corporate named within and which executed the foregoing instrument; that she knows the common seal of said County; that the seal affixed to said instrument is said common seal; that the name of corporation was subscribed thereto by the said County Manager and that the said County Manager and said Beverly A. Blythe subscribed their names hereto and said common seal was affixed, all by order of the Board of County Commissioners of Orange County and that said instrument is the act and deed of Orange County. Witness my hand and notarial seal, this the day of 11996. Notary Public My Commission expires: i