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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