CCR1989151COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #151-89
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
AUTHORIZING PARTICIPATION IN
WHEREAS, the Community Development Block Grant Program provides
federal grant funding for numerous public works improvement
benefiting low and moderate income individuals, including
projects, housing projects and economic development funding
senior cLtizens and handicapped individuals, and
Community Development Block Grant Program for a period of three
WHEREAS, the City of Muskego wishes to participate in the
years, beginning in the year 1990, and
WHEREAS, paticipation in the Community Development Block Grant
Program requires approval of a Cooperation Agreement with
Waukesha County.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego does hereby approve the attached "Cooperation
Agreement'' by and between the City and Waukesha County.
authorized to execute the "Cooperation Agreement" on behalf of
BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby
the City.
DATED THIS 75th DAY OF ~~l~ , 1989.
Wayne G. Salentine, Mayor
ATTEST :
COOPERATION AGREEMENT
0
THIS AGREEMENT entered into on this day of by and between Waukesha County, Wisconsinereinafter referred '
to as "the County"), and the City of Muskego, , (hereinafter
referred to as "the Municipali.ty") .
~. ~~ -"
WITNESSETH:
Community Development Act of 1974 (P.L. 93-383) as amended,
(hereinafter referred to as "the Act") providing federal
assistance for the support of community development activities
which are directed toward the specific objectives identified in
Section 101 of the Act: and,
WHEREAS, the United States Congress enacted the Housing and
Waukesha County for the purpose of undertaking only community
development program activities identified in section 105 of the
Act; and,
WHEREAS, the County intends to apply to the Un.ited States
to as "HUD") for funds authorized under the Act; and,
Department of Housing and Urban Development (hereinafter referred
WHEREAS, the Act makes possible the allocation of funds to
into a cooperation agreement with the County in order to
undertake housing and comnlunity development activities as
authorized in Section 105 of the Act; and,
WHEREAS, the Act recognizes that the Municipality may enter
0
WHEREAS, the County and the Municipality have determined that
joint action is an effective way to accomplish the purposes of
the Act; and,
Statutes section 59.01 and municipalities in Wisconsin, pursuant
to Wisconsin Statutes section 66.30 have the necessary authority
to enter into contracts of the type herein contemplated;
WllEREAS, counties in Wisconsin, pursuant to Wisconsin
contained herein, it i.s agreed between the County and the
Municipality as follows:
NOW, THEREFORE, upon the consideration of the mutual pronlises
PURPOSE
The purpose of this Agreement is to establish the mutual
desire to cooperate in undertaking, or assist in undertaking,
essential community development and housing assistance
activities, including economic development and housing
rehabilitation or construction, by means of submitting a Final
Statement of Community Development- Objectives and Projected Use
of Funds, for HULI Community Development Block Grant funds as an
Urban County from Federal Fiscal Years 1990, 1991, and 1992
appropriations and from any program income generated from the
expenditure of such funds.
CONSIDERATION
The Municipality, by the execution of this cooperation
agreement, agrees to have its population, its number of
impoverished residents, its extent of housing over-crowding and
its age of housing, all as defined in the Act, included in the
formula allocation set forth in the Act for the purpose of
determining the allocation of funds to the allocation of funds to
The County agrees to include the Municipality as part of its
the County as an Urban County, as defined in the Act, as alnended.
annual Final Statement of Community Development Objectives and
Projected Use of Funds, to be submitted to €IUD under the terms
and conditions of the Act.
RESTRICTIONS
Neither Waukesha County nor the Municipality shall have a
veto or other restrictive power which would in any way limit the
cooperation of the parties to this Agreement or any other
cooperating units of government in achieving support for the e
activities set forth in the Community Development Block Grant
It is agreed, however, that Waukesha County will not perfom any project within
submissions for the program years covered by this Agreement.
the limits of the City of Muskego witbut the express consent of the City of bkeg0. TERM
e
The term of this Agreement shall be three (3) years
entire Program Years 1990, 1991, and 1992 and for such additional
commenci.ng the day of execution and continuing through the three
time as may be required for the expenditure of funds granted to
Waukesha County for such period, as defined by HUD regulations.
The municipality executing this Agreement for participation in
the Community Development Block Grant Program shall not have the
Agreement is en effect. This Agreement shall remain in effect
opportunity to opt out of the program during the period that this
for three successive years without the availability of
Lermination by either part during the term of this Agreement.
PROVISIONS
~" Waukesha County and the City of Muskeen agree to undertake
all actions necessary to assure compliance with Waukesha County's
certification required by Section 104(b) of Title I of the
llousing and Community Development Act of 1974, as amended,
including Title VI of the Civil Rights Act of 1964, Title VI11 of 0
e the Civil Rights Act of 1968, Section 109 of the Housing and Community Development Act of 1974, provisions of the National
Environmental Policy Act of 1969, and other applicable laws.
Non-compliance by the Municipality with any of the provisions
provide cause for funding sanctions or other remedial actions by
above may constitute non-compliance by the County which may
HUD.
Nothing contained in this Agreement shall deprive the
Municipality of any power of zoning, development control or other
lawful authority which it presently possesses.
generated by the expenditure of Community Development Block Grant
funds received by the Municipality.
The Municipality must inform the County of any income
Any such program income must be paid to the County, or, if
the completion of an approved activity should require the use of
program income, the Municipality may retain said income upon the
mutual agreement of the County and Municipality.
Any program income the Municipality is authorized to retain
may only be used for eligible activities in accordance with all
Community Development Block Grant requirements as may then apply.
The Municipality must establish and maintain appropriate 0 recordkeeping and reporting of any retained program income and
make such available to the County in order that the County can
meet its monitoring and reporting responsibilities to HUD.
program is, at some future date, closed out, or if the status of
If the Waukesha County Urban County Community Development
the Municipality's participation in the Waukesha County Urban
County Community Development program changes, any program income
close-out or change in status, shall be paid to the County.
retained by the Municipality, or received subsequent to the
If the Municipality utilizes, in whole or in part, funds
which is or will be within the control of the Municipality, then covered by this Agreement to acquire or improve real property
the following standards shall apply:
1. The Municipality will notify the County of any
modification or change in the use of the real property
improvement, including disposition;and,
from that planned at the time of the acquisition or
2. The Municipality will, if acquired or improved property
eligj.hle Com~nunity Development Block Grant activj.ty,
is sold or transferred for a use which is not an
reimburse the County in an amount equal to the current
fair market value (less any portion thereof attributable
to expenditures of non-Community Development Block Grant
funds); and,
3. Program income generated from the disposition or
transfer of property acquired or improved in whole or in
part with Community Development Block Grant funds prior
to or subsequent to the close-out, change of status, or
provisions of this Agreement concerning program income.
termination of this Agreement shall be treated under the
governilly body of ',)luskeEo ', by resolution, #151-G9
dated Tu1 v
day of
75, 1989 (copy attached), and is executed this
CTty-~of Muskego.
The above Cooperation Agreement has been authorized by the
, 1989, by the Mayor and City Clerk o'f the ~ "- ~~ __
Name:
Title: City Clerk
Waukesha County Board of Supervisors, by resolution, dated
The abcwe Cooperation Agreement has been authorized by the
(copy attached), and is executed the __
, 1989 by the Cllairman of the Waukesha County day of
Board of Supervisors.
Name: Daniel M. Finley
Title: Chairman, Waukesha County
Board of Supervisors