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HomeMy WebLinkAbout10775RESOLUTION NO. 10775 A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING CONCERNING CONTRIBUTION OF NON - FEDERAL MATCHING FUNDS UNDER THE HOME CONSORTIUM BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE COUNTY OF PUEBLO, AND PROVIDING FOR THE EXECUTION THEREOF BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Memorandum of Understanding between the City of Pueblo, A Municipal Corporation and the County of Pueblo dated July 10, 2006, a copy of which is attached herewith, relating to eligible permanent contributions from non - federal sources to housing that qualifies as affordable housing under the HOME Program, having been approved as to form by the City Attorney is hereby approved. SECTION 2 The President of the City Council is hereby authorized to execute the MOU on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED July 10, 2006 BY Randy Thurston Councilperson APPROVED: President of City Council ATTESTED BY: CITY CLERK Background Paper for Proposed RESOLUTION 4 da �Y/0775 AGENDA ITEM # CD DATE: JULY 10, 2006 DEPARTMENT: HOUSING AND CITIZEN SERVICES / ADA RIVERA CLARK TITLE A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING CONCERNING CONTRIBUTION OF NON - FEDERAL MATCHING FUNDS UNDER THE HOME CONSORTIUM BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE COUNTY OF PUEBLO AND PROVIDING FOR THE EXECUTION THEREOF ISSUE Intergovernmental agreement between the City of Pueblo and the County of Pueblo allowing for non - federal contribution credits to be allocated as match as required under the HOME program, without regard to the original source of the match contribution. RECOMMENDATION Approve the Resolution BACKGROUND The HOME federal grant requires a twenty -five percent match from the local jurisdiction, unless, these communities are declared exempt by HUD. From 1992 to 2003 the Pueblo Consortium was exempt from the match requirement. Because the poverty rate in Pueblo has decreased (as per HUD definitions) the Consortium is now required to match 25% of the grant amount with non - federal dollars. The City and County have individually made non - federal contributions to affordable housing since the inception of the Program in 1992. The City and County have in the aggregate contributed $1,059,306.34 in non- federal dollars to affordable housing. HUD regulations allow for all prior year contributions, since the inception of the Program, to be counted for match purposes. This MOU would allow the Consortium to use these combined credits for 2006 and 2007 HOME funds regardless of the original source of the match contributions and would relieve each entity of the need to provide a match contribution from their respective general revenue funds. FINANCIAL IMPACT The HOME grant for 2006 was $883,481, it is expected that these funds will leverage a minimum of $11 million dollars as a result of acquisition, construction or rehabilitation of affordable housing within the city limits. MEMORANDUM OF UNDERSTANDING CONCERNING CONTRIBUTION OF NON - FEDERAL MATCHING FUNDS UNDER THE HOME CONSORTIUM THIS MEMORANDUM OF UNDERSTANDING is made and entered into this 10th day of July, 2006, by and between the City of Pueblo, a Municipal Corporation, (hereinafter referred to as the "City "), and Pueblo County, Colorado (hereinafter referred to as the "County "), WITNESSETH: WHEREAS, City and County (collectively, the "Parties ") have heretofore entered into Agreements dated September 14, 1998, August 14, 2000 and May 12, 2003 (the "Agreements ") under which they formed and continued a Consortium for the purpose of receiving certain federal funds and undertaking housing assistance activities pursuant to the HOME Investment Partnerships Program ( "HOME Program ") as a Participating Jurisdiction in accordance with the provisions of said Agreements, and with the provisions of said Agreements; and WHEREAS, the HOME Program regulations, including those set forth at 24 C.F.R. §92.218 through §92.222, provide that certain matching contributions be made by the Participating Jurisdiction to housing that qualifies as affordable housing; and WHEREAS, the parties desire to set forth in this Memorandum their mutual understanding concerning the calculation of required matching contributions on behalf of the Consortium as a Participating Jurisdiction. NOW, THEREFORE, in consideration of the mutual covenants and promises herein, the parties agree as follows: 1. The Parties have determined that together, since 1992, they have made eligible, permanent contributions from non - federal sources to housing that qualifies as affordable housing under the HOME Program in the aggregate amount of $1,059,306.34. The parties agree that a portion of these contributions has served as the required matching contributions for the Consortium for 2005 and prior years, and leaves a balance credit of $770,864.38 in eligible non- federal contributions available to match federal HOME funds made available to the Consortium for 2006 and 2007. 2. The Parties agree that, without respect to source of the non - federal contribution credits, the remaining credits shall be allocated as match for identified projects as follows: 2006 Proposed Expenditures of Eligible Match Contributions Beginning Balance Pueblo Village Apartments Village at Pueblo Via Don Carlos Total Home Project Amount $400,000.00 $500,000.00 $240,000.00 Balance of Match Contributions Available for 2006 and 2007: $770,864.38 Match Amount $100,000 $125,000 $ 60,000 3. The Parties agree that with respect to the balance of match contributions available for 2007, the balance shall be credited on HOME projects by Agreement of the Parties, without regard to the original source of the match contributions. 4. This Memorandum shall become effective as a supplement to the Agreement immediately upon approval by the respective governing bodies of each of the Parties, and shall terminate on September 30, 2007. 5. 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 operation of the Consortium as a Participating Jurisdiction. IN WITNESS WHEREOF, the parties have entered into this Agreement the day and year first above written. ATTEST: PUEB O C UNTY, COLORADO By L . By Cler e Board C erson, Board of County Commissioners ATTEST: Cit Jerk -SDt . CITY OF PUEBLO, By ��CIPAL CO RPORATION B "" G "� President of the City Council