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HomeMy WebLinkAbout09106RESOLUTION NO. 9106 A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING CONCERNING THE JOINT HOUSING DEVELOPMENT LOAN FUND (HDLF) PROGRAM BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND PUEBLO COUNTY AND PROVIDING FOR THE EXECUTION THEREOF WHEREAS, the City of Pueblo and Pueblo County have heretofore entered into an Agreement dated August 14, 2000, under which they formed a Consortium for the purpose of receiving certain Federal funds and undertaking housing assistance activities pursuant to the HOME Investment Partnerships Program, in accordance with the provisions of said Agreement; and WHEREAS, pursuant to and in furtherance of said Agreement, the City of Pueblo and Pueblo County desire to jointly conduct a Housing Development Loan Fund Program, hereafter referred to as the HDLF Program, in order to further reduce duplication of services, to minimize administrative costs, and to further cooperate on housing activities; and WHEREAS, such joint participation of both the City of Pueblo and Pueblo County will mutually benefit the citizens of the City and the County of Pueblo in further developing housing projects that will benefit low- and moderate - income households and special needs households; and WHEREAS, in anticipation of the HDLF program implementation the Director of Housing and Community Development has set -aside $200,000 for FY 2000 of the HOME federal funds and now desires to utilize those funds for the purposes of the new Program under the terms of the HUD HOME regulations and the Memorandum of Understanding Concerning the Joint Housing Development Loan Fund Program. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: Section 1. The Memorandum of Understanding Concerning the Joint Housing Development Loan Fund Program (the "HDLF Program "), a copy of which is attached hereto and incorporated herein, having been approved as to form by the City Attorney, is hereby is approved. Section 2. The President of the City Council is authorized to execute the Memorandum of Understanding in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. [SEAL] ATTEST: Gin utcher, City Clerk INTRODUCED: September 11, 2000 By: Al Gurgle Councilperson APPR E yteit ,/GI �,G �-� Corinne Koehler President of the City Council COUNCIL AGENDA A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING CONCERNING A JOINT HOUSING DEVELOPMENT LOAN FUND PROGRAM BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND PUEBLO COUNTY; AND AUTHORIZING THE PRESIDENT OF THE COUNCIL TO EXECUTE SAME Department: Housing & Community Development I. SUMMARY A. ISSUE: Agenda Item # U Date: September 11, 2000 A memorandum of understanding between the City of Pueblo and Pueblo County to form and jointly conduct a Housing Development Loan Fund Program in order to further reduce duplication of services, to minimize administrative costs, and to further cooperate on housing activities. B. RECOMMENDATION: Approve the Resolution, thus authorizing the City of Pueblo's Department of Housing and Community Development to partner with the County's Department of Housing and Human Services in the creation and maintenance of a housing development loan fund program. The City of Pueblo and Pueblo County since the inception of the federal HOME Program have operated under a Consortium agreement. In furtherance of said Agreement, the parties desire to jointly conduct the HDLF Program. The HDLF Program will initially be a three - year program (October 2000 to October 2003). Pueblo County has appropriated $200,000 in General Fund revenues in its FY 2000 Budget for the HDLF Program. The City of Pueblo's Department of Housing and Community Development has set -aside $200,000 of the 2000 HOME federal funds for the HDLF Program. The parties can contribute unencumbered and available funds, duly appropriated, budgeted and available for expenditure. III. FINANCIAL IMPACT The City of Pueblo commits to allocate $200,000 of unencumbered and available HOME funds, which have been apportioned to the City by the Department of Housing and Urban Development, under the Pueblo Consortium. IV. ALTERNATIVES A. The City could elect not to partner with the County in the development of the HDLF Program: B. The City could approve this resolution. Rev. 7/26/00 MEMORANDUM OF UNDERSTANDING CONCERNING JOINT HOUSING DEVELOPMENT LOAN FUND PROGRAM THIS MEMORANDUM OF UNDERSTANDING is made and entered into this 10th day of July, 2000, effective as of August 1, 2000, by and between the City of Pueblo, a Municipal Corporation (hereafter referred to as the "City ") and Pueblo County, Colorado (hereafter referred to as the "County "). WITNESSETH: WHEREAS, City and County have heretofore entered into Agreements dated September 14, 1998 and August 10* , 2000 (collectively referred to as the "Agreement") under which they formed a consortium for the purpose of receiving certain federal funds and undertaking housing assistance activities pursuant to the HOME Investment Partnerships Program, in accordance with the provisions of said Agreement; and -Revised agreement, effective nunc pro tune August 1, 2000. WHEREAS, pursuant to and in furtherance of said Agreement, the parties desire to jointly conduct a Housing Development Loan Fund Program, (hereafter referred to as the "HDLF Program ") in order to further reduce duplication of services and to minimize administrative costs; and WHEREAS, the parties desire to set forth in this Memorandum their mutual understanding concerning the conduct and operation of the HDLF Program as a supplement to the Agreement; NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. The City commits to allocate Two Hundred Thousand Dollars ($200,000.00) of unencumbered and available HOME funds which have been apportioned to City under the Agreement, and/or of other funds duly appropriated, budgeted and available for expenditure by City's Housing Department, for use as provided under this Memorandum (the "HDLF Allocation "). The County shall likewise allocate Two Hundred Thousand Dollars ($200,000.00) of unencumbered and available funds, duly appropriated, budgeted and available for expenditure by County for housing purposes, for use as provided under this Memorandum. It is the intention of the parties that the HDLF Allocation be made equally by the City and County out of their respective apportionment of HOME funds or combination of HOME funds and other funds, including any local matching funds, as required. Since the City serves as the representative of the Consortium pursuant to paragraph 1 of the Agreement, the City's Director of Finance shall be authorized to apply the City's apportionment of HOME funds received from the U.S. Department of Housing and Urban Development ( "HUD ") in accordance with this Memorandum. County's allocation of other funds to the HDLF Allocation shall be deposited with the City's Director of Finance at the appropriate time for use in accordance with this Memorandum. 2. City and County shall each designate one or more employees assigned to functions under the Agreement, to undertake the following functions, in consultation with and as staff for the HDLF Loan Committee established under paragraph 3 of this Memorandum: (a) Develop qualifications, eligibility, project and loan policies and criteria for the HDLF Program, consistent with the requirements of this Memorandum, subject to approval by the HDLF Loan Committee; (b) Under the direction of the HDLF Loan Committee, prepare and publish Requests for Proposals (RFP's) for Projects to receive loans funded through the HDLF Allocation; (c) Receive and evaluate proposals received for HDLF Program loans, in response to RFP's, and make recommendations thereon to the HDLF Loan Committee; (d) Prepare HDLF Loan Agreements, loan documents and other instruments; (e) Obtain and review all information necessary or appropriate with respect to HDLF Program funded projects and proposed loans, including without limitation, title insurance commitments, credit reports, financial statements, plans, specifications and certifications in connection with extending any loan commitment, closing any loan or making any disbursement; (f) Administer HDLF Project Loans and service such loans; and (g) Perform all other administrative and ministerial functions with respect to the HDLF Program under the supervision of the HDLF Loan Committee. 3. The City Council of City and the Board of County Commissioners shall jointly appoint five members to a seven member HDLF Loan Committee within thirty days of the date of this Memorandum. The Directors of the City's Department of Housing and Community Development and the County's Department of Housing and Human Services may make non - binding recommendations to the Board of County Commissioners and the City Council concerning such appointments. Such appointed members shall have backgrounds in banking, finance, real estate or related fields, and shall each be appointed for a term expiring on September 30, 2003, shall receive no compensation and shall not be an employee of either City or County. Additionally, the City's Director of Housing and Community Development, or his designee, and the County's Director of Housing, or his designee, shall serve as ex- officio members of the HDLF Committee. The HDLF Loan Committee shall perform the following functions: (a) Adopt loan policies and criteria for the HDLF Program consistent with this Memorandum, the Agreement, and the regulations and guidelines promulgated by the HUD, including but not limited to those set forth at 24 CFR Part 92; (b) Review and approve projects to receive funding from the HDLF Account and review and approve loan commitments and loans for qualifying projects; -2- (c) Provide direction to assigned staff; and (d) Annually report to the City Council and Board of County Commissions on the HDLF Program. 4. Funds within the HDLF Allocation shall be allocated by the HDLF Loan Committee among projects for acquisition, construction or rehabilitation of affordable housing meeting the requirements of the HOME regulations, with eighty percent (80 %) of such funds allocated to projects located within the corporate boundaries of the City of Pueblo, and twenty percent (20 %) of such funds allocated to projects located within the unincorporated area of Pueblo County. This 80 0 /6-20% ratio is in accordance with provisions of the Agreement. The County may, however, in County's discretion, authorize the HDLF Loan Committee to utilize some or all of the funds allocated for projects located in the unincorporated areas of Pueblo County for projects located within the corporate boundaries of the City, based upon housing needs. 5. This Memorandum shall become effective as a supplement to the Agreement then in effect immediately upon approval by the respective governing bodies of each of the parties, and shall terminate on September 30, 2003. Any remaining uncommitted funds in the HDLF Allocation on the date of termination shall be either carried over to a new HDLF Program thereafter established by the parties, or reallocated to other HOME programs as the parties may agree. 6. Except as modified and supplemented by this Memorandum, all of the provisions set forth in the Agreement shall continue in full force and effect and shall apply to the conduct of the HDLF Program established herein. IN WITNESS WHEREOF, the parties have entered into this Agreement the day and year first written above. ATTEST: By Clerk to the Board ATTEST: By City C CI PUEBLO, A MtAlViPAL CO ORATION UAl - L'b l- -�./y( I(L-�` Pre 'dent of the City Council F:\CITY\HOUSING\IiONffi\MOA\MOA.WPD _ 3 STATE OF COLORADO, ss. County of Pueblo, The Board of County Commissioners met in Regular session in its office in Pueblo County, Colorado, on Tuesday the 29th day of August A. D. 1�9 2000 , at 10:00 A. o'clock. Present: John J. Klomp Chairman. " Lore Kennedy County Commissioner. " Matt Peulen County Commissioner. Gary Raso, Asst. Cty. Att. " Terr A. Hart County Attorney. " Sue M. Koyac'irh, Dep Clerk County Clerk or Deputy. When the following proceedings, among others, were had and done, to -wit: RESOLUTION NO. 00 -236 APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN PUEBLO COUNTY AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, CONCERNING THE JOINT HOUSING DEVELOPMENT LOAN FUND (HDL) PROGRAM WHEREAS, the City and County have heretofore entered into an Agreement dated September 14, 1998, under which they formed a Consortium for the purpose of receiving certain Federal funds and undertaking housing assistance activities pursuant to the HOME Investment Partnerships Program, in accordance with the provisions of 24 C.F.R. Part 92 and said Agreement; and WHEREAS, this Board, by Resolution No. 00 -193, dated August 10, 2000, approved the Revised Agreement between the City and the County for the purpose of continuing to cooperate in the consortium; and WHEREAS, pursuant to and in furtherance of said Agreement, the City and the County desire to jointly conduct a Housing Development Loan Fund Program, hereafter referred to as the HDL Program, in order to further reduce duplication of services, to minimize administrative costs, and to further cooperate on housing activities; and WHEREAS, such joint participation of both the City and the County will mutually benefit the citizens of the City and the County of Pueblo in further developing housing projects that will benefit low -and moderate - income households and special needs households; and WHEREAS, upon recommendation of the Department of Housing and Human Services, the Board of County Commissioners appropriated $200,000.00 in General Fund revenues in its FY 2000 Budget in anticipation of the HDL Program's implementation and now desires to utilize those funds for the purposes of the new Program under the terms of the Memorandum of Understanding Concerning Joint Housing Development Loan Fund Program. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pueblo County, Colorado, that: 1. The Memorandum of Understanding Concerning the Joint Housing Development Loan Fund (HDL) Program be, and hereby is approved. 2. The Pueblo County Director of the Department of Housing and Human Services shall be responsible for implementing the HDL Program on behalf of Pueblo County in accordance with the terms of the Memorandum of Understanding. STATE OF COLORADO, County of Pueblo, j � The Board of County Commissioners met in Regular session in its office in Pueblo County, Colorado, on Tuesday the 29th day of August A. D. 19 -ZQ 0 , at 10:00 A.M. o'clock. Present: Chairman. " County Commissioner. " County Commissioner. " County Attorney. " County Clerk or Deputy. When the following proceedings, among others, were had and done, to -wit: RESOLUTION NO. 00 -236 (CONTINUED) 3. The Chairman of the Board of County Commissioners of Pueblo County, Colorado, be, and hereby is, authorized to execute said Memorandum of Understanding on behalf of Pueblo County. By the following vote on roll call: KLOMP - AYE KENNEDY - AYE PEULEN - AYE UAHH\R ES\LPMB MO Uhdl.doc