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HomeMy WebLinkAbout22-91 State of Illinois) County of Kane) City of Elgin ) CERTIFICATE OF CITY CLERK I, Kimberly Dewis, DO HEREBY CERTIFY that I am the duly qualified City Clerk of the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof. I DO FURTHER CERTIFY that the attached is a full,true, and correct copy of: RESOLUTION NO. 22-91 RESOLUTION AUTHORIZING EXECUTION OF A HOME INVESTMENT PARTNERSHIPS PROGRAM CONSORTIUM AGREEMENT WITH COUNTY OF KANE REGARDING THE 2023-2025 HOME INVESTMENT PARTNERSHIPS PROGRAM adopted by the Elgin City Council at its legally convened meeting held on June 8, 2022. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City of Elgin at the said City in the County and State aforesaid this June 15, 2022. Kimberly De�i , ity Clerk Y 'g35FIU F t r C Resolution No. 22-91 RESOLUTION AUTHORIZING EXECUTION OF A HOME INVESTMENT PARTNERSHIPS PROGRAM CONSORTIUM AGREEMENT WITH COUNTY OF KANE REGARDING THE 2023-2025 HOME INVESTMENT PARTNERSHIPS PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a HOME Investment Partnerships Program Consortium Agreement on behalf of the City of Elgin with County of Kane regarding the 2023-2025 HOME Investment Partnerships Program, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: June 8, 2022 Adopted: June 8, 2022 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk HOME Investment Partnerships Program Consortium Agreement THIS AGREEMENT, entered into effective as of the 8 day of June , 2022, by and between the COUNTY OF KANE, a body politic and corporate of the State of Illinois (the "COUNTY"), and the CITY OF ELGIN, an Illinois municipal corporation (the "MUNICIPALITY"), which are collectively known as "the parties." WITNESSETH: WHEREAS, the United States Congress has enacted the Cranston-Gonzalez National Affordable Housing Act ("the Act") providing federal financial assistance for the support of affordable housing as identified in Title II — Investment in Affordable Housing of HOME Investment Partnerships Act; and WHEREAS, the Act makes possible the allocation of funds to the COUNTY for the purpose of undertaking affordable housing activities identified in the Act; and WHEREAS, units of local government have had conferred upon them the following powers by Article VII, Section 10(a) of the 1970 Constitution of the State of Illinois: "Units of local government and school districts may contract or otherwise associate among themselves, with the State, with other states and their units of local government and school districts, and with the United States to obtain or share services and to exercise, combine or transfer any power or function, in any manner not prohibited by law or by ordinance. Units of local government and school districts may contract and otherwise associate with individuals, associations, and corporations in any manner not prohibited by law or by ordinance. Participating units of government may use their credit, revenues, and other resources to pay costs and to service debt related to intergovernmental activities;" and WHEREAS, the Intergovernmental Cooperation Act (5 ILCS 220/1 et seg.), enacted by the State of Illinois provides in part as follows: "Section 3. Intergovernmental cooperation. Any power or powers, privileges, functions, or authority exercised or which may be exercised by a public agency of this State may be exercised, combined, transferred, and enjoyed jointly with any other public agency of this State and jointly with any public agency of any other state or of the United States to the extent that laws of such other state or of the United States do not prohibit joint exercise or enjoyment and except where specifically and expressly prohibited by law." Page 1 of 5 "Section 5. Intergovernmental contracts. Any one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity or undertaking or to combine, transfer, or exercise any powers, functions, privileges, or authority which any of the public agencies entering into the contract is authorized by law to perform, provided that such contract shall be approved by the governing bodies of each party to the contract and except where specifically and expressly prohibited by law. Such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties;" and WHEREAS, the parties to this Agreement have had conferred upon them the exercise of powers authorized in Chapter 65 of the Illinois Compiled Statutes (known as the "Illinois Municipal Code"), and Chapter 55 of the Illinois Compiled Statues (known as the "Illinois Counties Code"). NOW, THEREFORE, upon the consideration of the mutual promises contained herein and upon the further consideration of the recitals hereinabove set forth, it is hereby agreed between the COUNTY and the MUNICIPALITY hereto, as follows: A. That the recitals hereinabove set forth are incorporated herein by reference as if fully set forth herein. B. That the Kane County HOME Investment Partnerships Consortium (the "Consortium") is defined to include as members of the Consortium the COUNTY and the MUNICIPALITY, which authorize and execute this Agreement. C. That the MUNICIPALITY and the COUNTY hereby agree to cooperate, undertake, and/or assist in undertaking housing assistance activities in order alleviate housing problems through the HOME Investment Partnerships Program (the "HOME Program") in cooperation with the Consortium. D. That the MUNICIPALITY hereby authorizes the COUNTY to act in a representative capacity as the lead entity for the members of the Consortium for purposes of the HOME Program. E. That the MUNICIPALITY agrees that the COUNTY will assume overall responsibilities as the lead entity to ensure that the Consortium's HOME Program is carried out in compliance with the requirements of the HOME Program, including requirements concerning inclusion of proposed HOME Program activities in the Consortium's Consolidated Plan for Housing and Community Development (ConPlan) in accordance with applicable HUD regulations. It is mutually understood, however, that the COUNTY is responsible for the implementation of the HOME Program and that the MUNICIPALITY remains fully responsible for implementation of any other Page 2 of 5 funding from federal, state, or local programs which may be identified in the Consortium's or the MUNICIPALITY'S approved ConPlan as it pertains to that MUNICIPALITY'S identified needs and priorities. Notwithstanding the foregoing, in no event may the MUNICIPALITY obstruct implementation of the Consortium's approved ConPlan. F. That the MUNICIPALITY agrees to evidence its consent to participate in the Consortium by providing the COUNTY with two (2) certified copies of a resolution from the governing body of the MUNICIPALITY that the Chief Elected Official of the MUNICIPALITY is authorized to sign this Consortium Agreement. G. That the signature of said Chief Elected Official will be affixed to this Agreement evidencing the willingness of the MUNICIPALITY to participate in the Consortium, and to cooperate in the implementation of the Kane County Consortium for the HOME Program. H. That the COUNTY agrees to evidence its consent to participate in the Consortium by providing the MUNICIPALITY with one (1) certified copy of a resolution from the governing body of the COUNTY that the Chief Elected Official of the COUNTY is authorized to sign this Consortium Agreement, and an unqualified opinion of its legal counsel acceptable to the MUNICIPALITY concluding that the terms and provisions of this Consortium Agreement are fully authorized under state and local law and that this Consortium Agreement provides full legal authority for the Consortium to undertake or assist in undertaking housing assistance activities for the HOME Program. I. That the signature of said Chief Elected official will be affixed to this Agreement evidencing the willingness of the COUNTY to participate in the Consortium; and J. Further, that a copy of this Consortium Agreement, signed by the Chief Elected Official of the COUNTY, will be provided to the MUNICIPALITY. K. That the program year for the Consortium shall begin on June Vt and end on May 315L, and all units of general local government that are members of the Consortium are on the same program year for the CDBG, HOME, ESG and HOPWA programs. L. That the MUNICIPALITY and the COUNTY agree to affirmatively further fair housing. M. That the term of this Agreement is for a period of not less that the period necessary to carry out all activities that will be funded from funds awarded in Federal Fiscal Years 2023, 2024, and 2025; that this Agreement remains in effect until the HOME funds from each of said years are closed out pursuant to 24 CFR 92.507; and that Page 3 of 5 none of the signatories to this Agreement may withdraw from the Consortium prior to such time. This agreement shall automatically be renewed for the Consortium's participation in successive qualification periods of three federal fiscal years each. No later than the date specified by HUD's consortia designation notice, the COUNTY shall notify the MUNICIPALITY in writing of its right to decide not to participate in the Consortium for the next qualification period and the COUNTY shall send a copy of each notification to the HUD Field Office. If the MUNICIPALITY decides not to participate in the Consortium for the next qualification period, the MUNICIPALITY shall notify the COUNTY, and the COUNTY shall notify the HUD Field Office before the beginning of the new qualification period. Before the beginning of each new qualification period, the COUNTY shall submit to the HUD Field Office a statement of whether or not any amendments have been made to this Agreement, a copy of each amendment to this Agreement, and, if the Consortium's membership has changed, the state certification required under 24 C.F.R. § 92.101 (a)(2)(i). The Consortium shall adopt any amendments to this Agreement that are necessary to meet HUD requirements for consortium agreements in successive qualification periods. The automatic renewal of the Agreement will be void if the COUNTY fails to notify the MUNICIPALITY or the HUD field office, as required under this automatic renewal provision, or the COUNTY fails to submit a copy of each amendment to this Agreement, as required under this automatic renewal provision. N. That the parties hereto agree to adopt any amendment to this Agreement incorporating changes necessary to meet the requirements for cooperation agreements set forth in HUD's Consortia Qualification Notice applicable for a subsequent three-year consortia qualification period; that the COUNTY shall submit said amendment to HUD as specified in.the,Consortium Qualification Notice. 0. That the parties hereto agree that, in the event that a qualifying municipality other than the above-named MUNICIPALITY decides to join the Consortium after June 1, 2023, said municipality shall (1) submit evidence that it qualifies as a unit of general local government for the purposes of the HOME Program, (2) provide written notice to the parties to this Agreement, and (3) agree to comply with all provisions of this Agreement applicable to municipalities; and in the event all of the parties hereto agree that an amendment to this Agreement should be made to add such additional municipality, an amendment to this Agreement may be made by the execution of a Page 4 of 5 written amendment to this Agreement by Kane County, the City of Elgin, and the municipality seeking to be included into this Consortium Agreement. P. That the parties hereto agree that this Agreement, which may be executed in one or more counterparts, each of which shall, for all purposes, be deemed an original and all of such counterparts, taken together, shall constitute one and the same Agreement. IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be executed by their duly designated officials. COUNTY OF KANE, a body politic in the State of Illinois By: �--�— Date: 3( ac a Corinne Pierog, Chair Kane County Board CITY OF ELGIN, a municipal corporation By: Date: June 8, 2022 David Kaptai , ayo City of Elgin Attest: Kimberly Dewis, Ci lerk City of Elgin Page 5 of 5 STATE OF ILLINOIS COUNTY OF KANE DATE a 02 I,John A Cunningham, Kane County Clerk and Keeper of the Records In gne County, Illinois do hereby certify that the attached is a true and correct copy of the original record on file. In witness whereof. I have hereunto set my hand and affix the Seal of the County of Kane at my office in Geneva, Illinois ?�: John A. Cunningham, Kane'`'County Clerk STATE OF ILLINOISAt f :- COUNTY OF KANE RESOLUTION NO. 22 - 157 AUTHORIZING RENEWAL OF THE KANE-ELGIN HOME CONSORTIUM WHEREAS, the Kane County Board adopted Resolution No. 04-06, authorizing the creation of the Kane-Elgin HOME Consortium; and WHEREAS, the Consortium was created for the purpose of receiving HOME Investment Partnerships Program (HOME) funds from the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, HOME funds are used to address housing needs in the City of Elgin, the twenty-four municipalities that participate in the Kane County Community Development Program, and unincorporated Kane County; and WHEREAS, the term of the current Consortium Agreement is for a three-year period and will expire at the end of Program Year 2022 on May 31, 2023; and WHEREAS, it is necessary at this time to execute a new Consortium Agreement in order to renew the Kane-Elgin HOME Consortium and to continue participation in the HOME Program; and WHEREAS, HUD has requested that said agreement include an automatic renewal provision to ensure the Kane-Elgin HOME Consortium's continued participation in the HOME Program, and WHEREAS, the residents of Kane County will benefit from the renewal of the Kane-Elgin HOME Consortium. NOW, THEREFORE, BE IT RESOLVED that the Kane County Board Chairman and the Director of the Office of Community Reinvestment are authorized to sign a HOME Consortium Agreement and all other documents necessary to renew the Kane-Elgin HOME Consortium and apply to the U.S. Department of Housing and Urban Development for HOME funds on behalf of the Consortium. se Kane Count Board on May 10, 2022. Jo A. Cunningham Corinne M. Pierog MA, NSA rk, County Board Chairman, County Board l Kane County, Illinois Kane County, Illinois Vote: (Unanimous] 22-05 HOME Consortium Office of the Kane County State's Attorney JAMIE L. MOSSER State's Attorney Kane County Courthouse General Offices: 100 S.Third Street (630)208-5320 Fourth Floor Writer's Direct Dial: Geneva,IL 60134 (630)208-5326 April 4, 2022 Donald Kathan, Director Office of Community Planning and Development U.S. Dept. of Housing& Urban Development 77 West Jackson Boulevard Chicago IL 60604-3507 Re: HOME Consortium Agreement HOME Investment Partnerships Program Dear Mr. Kathan: The Kane County Office of Community Reinvestment has requested a legal opinion regarding: 1)whether the terms and provisions of the Consortium Agreement to implement the HOME Investment Partnerships Program in Kane County are authorized under State and local law; and 2)whether the Consortium Agreement provides full legal authority for the Consortium to undertake or to assist in undertaking housing-assistance activities as required by Notice Number CPD 13-002 issued by the U.S. Department of Housing and Urban Development ("HUD"), and pertinent statutes and regulations. The Program is authorized by Title II of the Cranston-Gonzalez National Affordable Housing Act, 42 U.S.0 12701. Procedures for designating"Consortia"under the HOME Investment Partnerships Program are set out in HUD Notice Number CPD 13-002. The Program provides that a Consortium of geographically contiguous units of general local government can be considered to be a unit of general local government for the purposes of receiving federal financial assistance for the support of affordable housing. The Kane County Consortium will contain Kane County and the City of Elgin. The proposed Consortium Agreement complies with the requirements set forth in CPD-13-002 Section III(B). Pursuant to the agreement, both entities have passed a resolution, which authorizes execution of the Consortium Agreement. It is my opinion that the Consortium Agreement is fully authorized under the intergovernmental cooperation powers bestowed by Article VII, Section 10(a) of the Illinois Constitution,and the Illinois Intergovernmental Cooperation Act, Chapter 5, Section 220 et seq. of the Illinois Complied Statues. I further opine that the properly executed Consortium Agreement provides full authority for the Consortium to undertake or to assist in undertaking housing activities for 1 the HOME Investment Partnerships Program. I have reviewed the proposed Consortium Agreement and conclude that it is consistent with the HUD guidelines and adequate to legally bind the members of the Consortium to its terms. Very Truly Yours, , a -� w Asst. State's Attorney Kane County CC: City of Elgin—Corporation Counsel Kane County Office of Community Reinvestment 2