HomeMy WebLinkAboutCC RES 79-0648
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RESOLUTION NO. 79-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, APPROVING THE CITY' S COOPERATION IN THE
HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM WITH THE COUNTY OF ORANGE.
WHEREAS, it is the intent of the City of Tustin to cooperate in the filing
of an application with the County of Orange for a grant authorized under
the Housing and Community Development Act of 1977, and
WHEREAS, the Housing and Community Development Act of 1977 authorizes
cities under 50,000 population to enter into cooperation agreements with
the county in which they are locat.~d for the purpose of undertaking
essential community development activities; and
WHEREAS, the Federal government requires participating cities to provide
a statement of assurances that the funds will be obtained and utilized
pursuant to Federal law and policy;
NOW, THEREFORE, BE IT RESOL%~D that the City Council does hereby approve
and adopt a cooperation agreement with the County of Orange (Exhibit A)
for the purposes of allowing the County to proceed with HCDA projects
in the Tustin area.
PASSED A~ ADOPTED at a regular meeting of the City of Tustin City Counci. 1,
held on the 4th day of September , 1979.
~epnen L. S~hus~er
Mayor
ATTEST:
Recording Secretary
~t CO()PERATION AC, REEMENT
1 TltlS AGREEMENT is entered into tbls .... dav of
$ ~ BY AND BETWEEN
&! CITY OF TUSTIN . a municipal
corporation, herein~fter referred to as CITY,
AND
7 COUNTY OF ORANGE, a political subdivision of
the State of California and recognized Urban
County under the Federal Housing and Communlty
8 Degelopment
' referred to as COLrNTY.
~D WHERE^S ~ Title
11 1977, hereinafter refarred to a~ ^CT, makes available to c£t~es under 50,000 popula-
12 tton and the unincorporated area of the County of Orange terrain sums to be u~ed for
i3 a broad range o~ Housing and Community' Development
!4 WHEREAS, said ACT authorizes such cities and said COUNTY to enter into
1 . cooperation agreements in order to cooperate in undertaking or assisting in under-
I~ I taking, essential community development and housing assistance activities, specif£-
~ cally urban renewal
I NOW, THEREFORE, the parties agree as follows:
: I. This Agreement shall constttt~te a cooperation agreement between the
par~iaa within the mean±rig of Section 102(a)(b) of the ^CT. The part,es agree to
coop.crate ~n the undertak~ng~ or assisting ~n undertakfng, essential communtt7
develop=chi and hot~s~ng ~sststanee acttutt~es~ specifically urban renewal and publicly
a8 ~ ~ ~
2. COUNTY ~hal! be responsible' for the preparatlon, ~dop~lon ~nd ~ubm~s~lon
2~II of an Urban County App!l¢ar~on. to the Department of ,ot~stng and Urn'an Bevelopment, ..
28!i he. relna'ter "tiUD" In the preparat!on of said application, CO'"'*"
2711 consideration to CITY'8 a~alysls of commt~nftv d-velopment needs and proposed acttv-
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3. CITY shall comply with the COUNTY's comm~zn~ty development program and
the Housing Assistance Plan, and all laws, regulations and policies applicable to
said grant.'
4o In the event COUNTY's Urban County application is approved by HUD,
COUNTY shall contract with the CITY to utilize any such grant funds, received
from HUD which are attributable to activities conducted by CITY, unless another
form of distribution is required by HUD.
5. The terms of this Agreement shall remain in effect until such time as
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CITY notifies COUNT% in writing of its intent to terminate. In no event shall
this agreement· be terminated before one year. from the date the Federal Department
of Housing and Urban Development approves the COUNTY's most recent Block Grant
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application for which CITY has submitted a proposal.
6. The activities to be undertaken during the term of this Agreemen~ will
be chosen by CITY from the following listing:
a. Acquisition of Real Property '
b. Public Works, Facilities, Site Improvements
c. Code· Enforcement
d. Clearance, Demolition, Rehabilitation
e. Rehabilitation Loans and Grants
f. Special Projects for Elderly and Handicapped
g. Payments for Loss of Rental Income
h. Disposition of Real Property
i. 'Provision of Public Services
J. Payment of Non-Federal 'Shares
k. Completion of Urban Renewal Projects
1. Relocation Payments and Assistance
m. P. lanning and Management Development
n. Administrative
o. Continuation of Model Cities Activities
7. a. CITY shall indemnify, hold harmless and defend COUNTY, its officers,
agents and employee8 against all liability, claims, losses, demand8 and actions for
o.
tn Jury to or death .of p~rson8 or damage to property arlstng out of or alleged to art~
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out or in consequence of thi~ Agreement, provided such liability, claims, demands,
losses or actions are claimed to be due to the acts or omissions of CITY, its offi- '
cers, agents or employees in the performance of this Agreement, including any
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activities conducted by CITY under its application.
b. In addition, CITY shall indemnify and hold harmless COUNTY against
any liability, claims, losses, demands, and actions, incurred by COUNTY as a result of
a determination by }IUD that activities undertaken under CITY's application failed to
comply with any laws, regulations, or policles applicable thereto or that any funds
forwarded to CITY under this Agreement were improperly expended.
c. The provisions of paragraphs I, 3, 4, 5, 6 and 7 of Section 2778
of the California Civil Code., as said section exists on the effective date of this
Agreement, shall be applicable to the above indemnification provisions. Transmittal
to CITY of any pleadings served upon COUNTY shall be deemed to be a request to
defend.
8. COUNTY shall have the right to audit CITY's records to determine corn-
p!iance with this Agreement.
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IN WITNESS THEREOF, CITY has caused this agreement to be executed by its
Mayor and attested by Its Clerk and COUNTY has caused this contract to be executed
by the Chairman of the Board of Supervisors and attested, by its Clerk, all having
been duly authorized by the City Council of CITY and the Orange County Board of
Supervisors.
C I TY 0 F TUS TIN
Dated'
ATTEST ' , '
By----- / '- Mayor
Approved to form:
City Attorney for the City of
By ..............
COUNTY OF ORANGE, a political subdivision
of the State of California .... ·
Dated:
ATTEST ·
BY
Chairman of the Board of SuPervisors
.............. jUNE ALEXANDER
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM'
ADRIAN KUYPER, County Counsel
ORANGE COUNTY, CALIFORNIA
STATE oF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
RUTH C. POE, City Clerk and ex-officio Clerk of the City Council of the ":
City of Tustin, California, does hereby certify that the whole number of
the members of the City Council of the City of Tustin is five; that the
above and foregoing Resolution No. 79-64 was duly and regularly
introduced,' passed and adopted at a regular meeting of the City Council
held on the_ .4th _ '~day of September , 1979, by the following
vote:
AYES:
COD/gCILS~N: Schuster, Sharp, Kennedy, Welsh
NOES: COUNCILMEN: None
ABSENT:
COUNCILMEN: Saltarelli
~UTH 'C. pOE, Ci'~ Cle'~, CitY~f ~usti~, california