HomeMy WebLinkAboutResolution 2014-0042TITLE:
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 42
Series of 2014
A RESOLUTION APPROVING THE SECOND AMENDMENT TO AN
INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN
JEFFERSON COUNTY AND THE CITY OF WHEAT RIDGE,
COLORADO, PERT AJNlNG TO COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDING
WHEREAS, on June 13, 2011. by Resolution No. 17 , Series 2011. the City Council
( .. Council'') for the City of Wheat Ridge, Colorado (''City") approved an Intergovernmental
Agreement between the City and Jefferson County ("County'') concerning Community Development
Block Grant programs (the "1GA ");and
WHEREAS, on September 26, 2011, by Resolution No. 33. Series 2011. the Council approved
a First Amendment of said lOA to address Emergency Shelter Grant Program funds: and
WHEREAS, the Council wishes to approve said Second Amendment and to approve and ratit)
the Mayor's execution of the same in order to continue to be eligible to participate in the CDBG
program: and
WHEREAS, pursuant to Section 14.2 of the City's Home Rule Charter. the Council must
approve intergovernmental agreements and amendments thereto by resolution or ordinance.
NOW THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council that:
Section 1. The Second Amendment to the Intergovernmental Agreement between Jefferson
County and the City of Wheat Ridge concerning Community Development Block Grant Programs.
dated for reference purposes only the 4th day of June. 2014. attached to thls Resolution and
incorporated herein by reference, is hereby approved.
Section 2. The Mayor of the City of Wheat Ridge is authorized to execute the Second
Amendment approved hereby. The City Council expressly approves and ratifies any executi on of the
Second Amendment by the Mayor prior to the effective date of this Resolution.
Section 3. This Resolution shaiJ take effect immediately.
DONE AND RESOLVED THIS l41h day of July, 2014.
ATTEST:
SECOND AMENDMENT TO INTERGOVERNMENTAL COOPERATION AGREEMENT
BETWEEN JEFFERSON COUNTY AND THE CITY OF WHEAT RIDGE
THIS SECOND AMENDMENT, dated for reference purposes only this 4th day of June , 2014,
is made and entered into by and between the COUNTY OF JEFFERSON, STATE OF COLORADO,
a body politic and corporate (the "County"), and the CITY OF WHEAT RIDGE (the "City").
WITNESSETH:
WHEREAS, the parties entered into an Intergovernmental Cooperation Agreement dated May
25,201 I and a First Amendment to that Agreement on August 29, 2011(collectiveJy the "Agreement'');
and
WHEREAS, the County and the City have a&rreed that entering into an Intergovernmental
Cooperation Agreement qualifies the County as an Urban County entitling the County and U1e Cities to
receive Community Development Block Grant ("CDBG") funds to conduct and administer housing and
community development activities and projects; and
WHEREAS. the United States Department of Housing and Urban Development ("HUD") revised
the requirements for cooperation agreements and a new requirement was added in the Transportation,
Housing and Urban Development, and related Agencies Appropriations Act, 2014. Pub. L. I 13-76; and
WHEREAS, the parties have agreed to amend the Agreement as set forth herein.
NOW, THEREFORE, in consideration ofilie mutual covenants and conditions herein, the
parties hereby agree to amend the Intergovernmental Cooperation Agreement as follows :
I. A new Section 4 e . shall be added to the Agreement which states: The County and the
City shall take all actions necessary to assure compliance with the urban county's certification under
section I 04(b) of Title 1 of the Housing and Communiry Development Act of 1974, as amended,
regarding Title VI of the Civil Rights Act of 1964 , the Fair Housing Act, and affirmatively furthering fair
housing. The County and ilie City shall comply with section 109 of Title I of the Housing and
Community Development Act of 1974, which incorporates Section 504 of the Rehabilitation Act of 1973
and the Age Discrimination Act of 1975 and all other applicable laws. Urban county funding shall not be
used for activities in, or in suppon of, the City if such entity does not affirmatively further fair housing
within its own jurisdiction or the City impedes the county's actions to comply with the county's fair
housing certification .
2. A new Section 8 c. shall be added to the Agreement which states: A unit of general local
government may not sell, trade, or otherwise transfer all or any portion of any CDBG funds to a
metropolitan city, urban county, unit of general local government, or Indian tribe , or insular area that
directly or indirectly receives CDBG funds in exchange for any other funds , credits or non-Federal
considerations, but must use such funds for activities eligible under Title I of the Housing and
Community Development Act of 1974 , as amended.
3. All other terms and conditions of the Agreement not amended herein shall remain in full
force and effect.
FURTHER, the parties understand that the original Agreement will automatically renew for the
next three-year (3-year) qualification period as provided in paragraph 3 of the Agreement.
TM 11 -01047 I of2