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HomeMy WebLinkAboutAgenda - 09-21-1993 - III-B 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. o ACTION AGENDA ITEM ABSTRACT Meeting Date: September 21, 1993 SUBJECT: HOME Consortium Agreement DEPARTMENT: Housing/Community Dev. PUBLIC HEARING YES: NO: x ATTACHMENT(S) : INFORMATION CONTACT: Tara L. Fikes Resolution X2492 HOME Consortium Agreement Amendment TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To approve an Amendment to the Orange County HOME Consortium Agreement and the accompanying resolution. BACKGROUND: In June 1992, the Orange County HOME Consortium was established to apply for funding from the State under the new HOME Investments Partnerships Program. At that time, consortium members, Carrboro, Chapel Hill, Hillsborough and the County, executed a Consortium Agreement. This document is legally binding and outlines the responsibilities of Consortium members. Over the past several months, local staff have had discussions with the Greensboro HUD Office regarding the possibility of Orange County's eligibility for designation as a Federal HOME Consortium. This designation would enable the County to receive a yearly entitlement directly from HUD. This would be fiscally advantageous since the State Program is a competitive process with no guarantee of yearly funding. In order for HUD to proceed with pursuing this option, our present Consortium Agreement must be amended to incorporate federal requirements. This amendment has been prepared and the County Attorney as approved this document. This document must now be approved by all member elected bodies and transmitted to the area HUD office as soon as possible. The Town of Hillsborough plans to consider this item on September 16th, Chapel Hill on September 27th and Carrboro will consider the amendment on September 28th. After approval and execution the document will be submitted to HUD by September 30, 1993. A response is anticipated by January 1994 . Should the County be designated a federal consortium, depending upon the amount of the entitlement, additional resources/personnel may be required for program implementation. HUD' does provide some administrative money which may be used to offset additional expenses. RECOMMENDATION(S) : The Manager recommends approval of the Amendment to the HOME Consortium Agreement and the accompanying resolution. 2 RESOLUTION OF THE ORANGE COUNTY BOARD OF COMMISSIONERS AUTHORIZING THE EXECUTION OF A HOME INVESTMENT PARTNERSHIP PROGRAM CONSORTIUM AGREEMENT AMENDMENT WHEREAS, County and Towns entered into the Orange HOME Consortium HOME Investment Partnership Program Consortium Agreement (hereinafter"Agreement") on or about August 27, 1992; and WHEREAS, the Orange HOME Consortium desires to be considered for eligibility 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 (hereinafter "the Act") and the County and Towns agree that it is desirable and in the interest of their citizens to secure federal government approval for this eligibility; and WHEREAS, the proper administration of the Agreement requires that there be amendments to the Agreement; NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners this the 21st day of September, 1993. 1. That the Orange County Board of Commissioners approves the request of the Orange HOME Consortium to the U.S. Department of Housing and Urban Development for consideration for eligibility of the Orange HOME Consortium under the federal HOME Program. 2. That the Orange County Board of Commissioners authorizes the County Manager to execute the HOME Investment Partnership Program Consortium Agreement Amendment, in the form attached herewith. 3. That the Town Managers and the Orange County Manager on the advice and consent of the Town/County Attorney may approve minor amendments to the Orange HOME Consortium - HOME Investment Partnership Program Consortium Agreement and execute documents recording the amendments. 3 NORTH CAROLINA ORANGE COUNTY Amendment to Orange HOME Consortium HOME Investment Partnership Program Consortium Agreement THIS AGREEMENT AMENDMENT 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 made pursuant to North Carolina Statutes, Article 20 of Chapter 160A. WHEREAS, the County and Towns entered into the Orange HOME Consortium HOME Investment Partnership Program Consortium Agreement (hereinafter"the Agreement") on or about August 27, 1992; and WHEREAS, the Orange HOME Consortium desires to be considered for eligibility 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 (hereinafter"the Act") and the County and Towns agree that it is desirable and in the interest of their citizens to secure federal government approval for this eligibility; 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 I. Definitions Add new paragraphs J and K: J. "Federal HUD Consortium" means a consortium of units of general local governments bound by the terms of a HOME Investment Partnership Act Consortium Agreement for the purpose of participating in the Federal HOME Program and receiving funds as authorized in the Federal Program Regulations. K. "Federal Program Requirements"means documents issued by the U.S. Department of Housing and Urban Development describing the regulations and requirements of the HOME Program in order for funds to be awarded to, participating jurisdictions as authorized in the Act. 4 Section II. Purpose Rewrite to read: This Agreement is to form a Consortium of units of general local government within Orange County for designation as a State consortium and a Federal HUD Consortium under the Act and the State and Federal Program Requirements of the Act, said Consortium to be known and hereinafter may be referred to as the Orange HOME Consortium (hereinafter "OHC"). Section III. Agreement Amend Paragraph A to include: 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. Rewrite Amended Paragraph C to read: C. The County and Towns mutually agree that the County shall act as the Lead Entity in a representative capacity for all members of OHC for the purposes of the Act and as further defined in the State Program Requirements for funding provided by the State and the Federal Program Requirements for funding provided by HUD. The County, in its capacity as lead entity, is authorized to enter into an agreement or agreements with either or both the State and HUD. The Chair of the Orange County Board of Commissioners, chief elected official of the Lead Entity, acting on behalf of OHC, is authorized to submit an application for funding under the State HOME Program and the Federal HOME Program, consistent with the approved HOME program design for each year. The County, as Lead Entity, is authorized to enter into agreements with non-profit organizations receiving funding under an approved HOME program design. 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 a Comprehensive Housing Affordability Strategy in accordance with HUD regulations in 24 CFR Parts 92 and 91, respectively, and the requirements of 24 CFR 92.35(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 State and 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. 5 Amend Paragraph E to include: The County as Lead Entity, is authorized by this agreement to amend this agreement on behalf of the entire consortium to add new members to OHC. Add new Paragraphs Q, R and S: Q. OHC and the parties to this agreement are bound by the terms of this Agreement for the purpose of participating in the Federal HOME Program and agree to cooperate to undertake or to assist in undertaking housing assistance activities for the Federal HOME Program, and agree to receive funds as authorized in the Federal Program Regulations. In the event OHC qualifies as a Federal HUD Consortium,the parties to this agreement will consider any additional amendments to the Agreement necessary to apply for funds under the Federal Program Requirements. R. The County and Towns agree to cooperate in the implementation of the Federal and State Programs and to cooperated in the preparation of the consolidated Comprehensive Housing Affordability Strategy (CHAS) in accordance with HUD regulations in 24 CFR Parts 92 and 91, respectively, and the requirements of 24 CFR 92.350 (a)(5). The County and Towns shall execute and submit the required certifications, and shall prepare and submit its plan for monitoring compliance with the CHAS. S. Renumber Section IV. Paragraph B to Section III. Paragraph S. The County and 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: • 6 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 the 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 , 1 9_. 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 he knows the common seal of said corporation; that the seal affixed to said 7 instrument is said common seal; that the name of the 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 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 , 19_. 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 the 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 , 19_. Notary Public 8 My commission expires: 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 Orange County 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 , 1 9_. Notary Public My commission expires: