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CCR1996157COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #157-96 APPROVAL OF COOPERATION AGREEMENT BETWEEN THE CITY OF MUSKEG0 AND WAUKESHA COUNTY FOR PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the Waukesha County Community Development Block Grant (CDBG) Program provides funds to local governments and nonprofit agencies for projects to meet various needs, such as housing, social services, public facilities, enconomic development; and WHEREAS, the Finance Committee has recommended that the City of Muskego enter into an Agreement to participate in this program. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve the Cooperation Agreement between Community Development Block Grant Program. the City of Muskego and Waukesha County for Participation in the authorized to sign the Agreement in the name of the City. BE IT FURTHER RESOLVED that the Mayor and Clerk-Treasurer are DATED THIS 9th DAY OF July , 1996. SPONSORED BY: FINANCE COMMITTEE Ald. Domonic D'Acquisto Ald. Mark Suhr Ald. David J. Sanders This is to certify that this is a true and accurate copy Of Resolution #157-96 which was adopted by the Common Council of the City of Muskego. 0 7/96 COOPERATION AGREEMENT THIS AGREEMENT entered into this - day of , 1996, by and between Waukesha County, Wisconsin (hereinafter referred to as “the County”), and the City of Muskego (Hereinafter referred to as “the Municipality”). WITNESSETH: WHEREAS, the United Sates Congress enacted the Housing and Community Development Act of 1974 (PL. 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 ofthe Act; and, WHEREAS, the Act makes possible the allocation of hnds to Waukesha County for the purpose of undertalung only community development program activities identified in Section 105 of the Act; and, WHEREAS, the County intends to apply to the United Sates Department of Housing and Urban Development (hereinafter referred to as “HUD”) for funds authorized under the Act; and, WHEREAS, the Act recognizes that the Municipality may enter into a cooperation agreement with the County in order to undertake housing and community development activities as authorized in Section 105 of the Act; and, WHEREAS, the County and the Municipality have determined that joint action is an effective way to accomplish the purpose of the Act; and, WHEREAS, counties in Wisconsin, pursuant to Section 59.01 of that the Wisconsin Statutes, and municipalities in Wisconsin, pursuant to Section 66.30 ofthe Wisconsin Statutes, have the necessary authority to enter into contracts of the type herein contemplated; NOW THEREFORE, upon the consideration of the mutual promises contained herein, it is agreed between the County and the Municipality as follows: PURPOSE The purpose of this Agreement is to establish the mutual desire to cooperate to undertake, or assist in undertakmg, community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing, by means of submitting a Final Statement of Community Development Objectives and Projected Use of Funds, for HUD Community Development Block Grant hnds as an Urban County from federal Fiscal Years 1997 and 1998 appropriations and any subsequent years of this Agreement and from any program income generated 6-om.the expenditure to 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 defhed in the Act, included in the formula allocation set forth in the Act for the purpose of determining the allocation of hnds to the County as an Urban County, as defined in . the Act, as amended. The County agrees to include the Municipality as part of its annual Final Statement of Community Development Objectives and Projected Use of Funds, to be submitted to HLTD 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 obstruct the implementation of the approved Comprehensive Housing Affordability Strategy or limit the cooperation of the parties to this Agreement or any other cooperating units of government in achieving support for the activities set forth in the Community Development Block Grant submissions for the program years covered by this Agreement. TERM The term of this Agreement shall be two (2) years commencing the day of execution and continuing through the remaining Program Years 1997 and. 1998 and for such additional time as may be established under the automatic renewal terms of this paragraph or as may be requiredfor 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 oppormnity to opt out of the program during the period that this Agreement is in effect. This Agreement shall remain in effect for two successive years without the availability of termination by either party during the term of this Agreement. At the conclusion of the two-year term of this agreement, the Municipality may, at its option, terminate this agreement. The Municipality will receive notice of its right to terminate €?om the County If the Municipality opts not to terminate this agreement at the end of the two-year period, then such agreement shall automatically renew for an additional three-year period, at the conclusion of which the termination and automatic renewal rights contained in this paragraph shall apply. The failure of either party to this Agreement to adopt an amendment to the agreement incorporating all changes necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice applicable for the year in which the next quacation of the urban county is scheduled shall automatically terminate the agreement following the expenditure of all Community Block Development Grant hnds allocated for use in the Municipality's jurisdiction. 2 a PROVISIONS Waukesha County and the Municipality agree to undertake all action necessary to assure compliance with Waukesha County's certification required by Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of that the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the Fair Housing Act, section 109 of the Housing and Community Development Act of 1974, the Americans With Disabilities Act of 1990, provisions of the National Environment Policy Act of 1969, and other applicable laws. Urban County funding is prohibited for activities in or in support of any Municipality that does not affirmatively further fair housing within its own jurisdiction or that impedes that the County's actions to comply with its fair housing certification. The City of Muskego understands that as a participant in the Urban County, it may not apply for grants from appropriations under the State Small Cities or State CDBG program for fiscal years during the period in which it participates in the Urban County CDBG program; and May participate in HOME program only through the Urban County, and even if the Urban County does not receive a HOME formula allocations, the City of Muskego cannot form a HOME consortium with other municipalities. Non-compliance by the Municipality with any of the provisions above may constitute non- compliance by the County which may provide cause for funding sanctions or other remedial actions by HUD'. Nothing contained in this Agreement shall deprive the Municipality of any power of zoning, development control or other lawhl authority which it presently possesses. The Municipality must inform the County of any income generated by the expenditure of Community Block Development Grant funds received by the Municipality. 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 mutual agreement of the County and the 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 record-keeping 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 HLK. Pursuant to 24 CFR 570.501(b), the Municipality is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement set forth in 24 CFR 570.503. Ifthe Waukesha County Urban County Community Development Program is, at some future date, closed out , or if the status of the Municipality’s participation in the Waukesha County Urban County Community Development program changes, any program income retained by the Municipality, or received subsequent to the close-out or change in status, shall be paid to the County. The municipality attests that it has adopted and enforces: 1 A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non- violent civil rights demonstrations within jurisdictions. If the Municipality utilizes, in whole or in part, fimds covered by this Agreement to acquire or improve real property which is or will be within the control of the Municipality, then the following standards shall apply: 1 2. 3. The Municipality will notify the County of any modification or change in the use of the real property from that planned at the time of the acquisition or improvement, including disposition; and, The Municipality will, if acquired or improved property is sold or transferred for a use which is not an eligible Community Development Block Grant activity, 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, Program income generated from the disposition or transfer of property acquired or improved in whole or in part with Community Development Block Grant hnds prior to or subsequent to the close-out, change of status, or termination of this Agreement shall be treated under the provisions of this Agreement concerning program income. 4 The above Cooperation Agreement has been authorized by that the governing body of Muskego by resolution, dated , (copy attached), and is executed this day of , 1996, by the Mayor of Muskego and the Clerk of City of Muskego. Name: David L. De Aneelis Title: Mavor of Muskego Name: lean Marenda Title: Clerk The above Cooperation Agreement has been authorized by the Waukesha County Board of Supervisors, by resolution, dated (Copy attached), and is executed the - Day of , 1996 by the County Executive of Waukesha County. Daniel M. Finley Waukesha County Executive The terms and provisions of the above Cooperation Agreement are fully authorized under State and local law and the Cooperation Agreement provides full legal authority for the Waukesha County to undertake or assist in undertaking essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing. Dated this day of , 1996 William J. Domina Assistant Corporation Counsel for Waukesha County 5