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07-146 Resolution No. 07-146 RESOLUTION AUTHORIZING EXECUTION OF A HOME INVESTMENT PARTNERSHIPS CONSORTIUM AGREEMENT WITH THE COUNTY OF KANE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Ed Schock, Mayor, and Jennifer Quinton, Acting City Clerk, be and are hereby authorized and directed to execute a HOME Investment Partnerships Consortium Agreement on behalf of the City of Elgin with the County of Kane for the 2007 HOME Program Year, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed S chock, Mayor Presented: June 13, 2007 Adopted: June 13, 2007 Vote: Yeas: 7 Nays: 0 Attest: s/Jennifer Quinton Jennifer Quinton, Acting City Clerk COUNTY OF KANE DEVELOPMENT DEPARTMENT County Government Center Building&Community Services Division ���,cov,�Ty.• 719 Batavia Avenue Mark D.VanKerkhoff,AIA, Director 'o�.: •l'.,o^: Geneva, Illinois 60134 (0... `° x• Phone:(630)232-3485 `, ■,x,04/ ' Fax: (630)232-3411 ,....:..0 Website:www.co.kane.il.us June 27, 2007 Ray E. Willis, Director Office of Community Planning and Development U.S. Dept. of Housing &Urban Development 77 West Jackson Boulevard Chicago IL 60604-3507 Re: Renewal of HOME Consortium Dear Mr. Willis: I am pleased to inform you that Kane County and the City of Elgin have renewed their HOME Consortium for Federal Fiscal Years 2008-2010. Per HUD Notice Number CPD-06-04, I am sending you the following qualification documents for your review and approval: 1. HOME Investment Partnerships Consortium Agreement 2. Kane County Board Resolution No. 07-121 3. Elgin City Council Resolution No. 07-146 4. Legal Opinion from Kane County Special Assistant State's Attorney Kenneth Shepro Please note that the required written certification from the State of Illinois is not enclosed with this letter. I understand that the document was supplied directly to your office earlier this week by the Illinois Housing Development Authority. We thank you and your staff for your on-going support of our consortium and look forward to continuing our partnership with your agency. If, in your review of the enclosed documents, you find that you have questions, or require additional information, please feel free to contact me at 630-208-5351. Sincerely, Akr Scott Berger Program Manager Enclosures cc: City of Elgin HOME Investment Partnerships Consortium Agreement THIS AGREEMENT, entered into effective as of the t 341day of .. vvut_ , 2007, 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 seq.), 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." "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 1 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 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 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. 2 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(1) two certified copies 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, (2) 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 6f the COUNTY, will be provided to the MUNICIPALITY. K. That the program year start date for the Consortium shall be June 1, 2008, 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 for the Federal Fiscal Years 2008,2009, and 2010 (commencing June 1, 2008 ending May 31, 2011);that this Agreement remains in effect until the HOME funds from each of Federal Fiscal Years 2008, 2009 and 2010 are closed out pursuant to 24 CFR 92.507; and that none of the signatories to this Agreement may withdraw from the Consortium during the period specified in this paragraph. 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. O. 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 1,2008, 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 written amendment to 3 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. 4 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: K°'1i M Date: 62 "o:5—07 Karen McConnaughay, Chairman Kane County Board C\ CITY OF ELGIN, a municipal corporation By: _ ��� /_ Date: Dt, /3 - 0 d Schock, ayor City of Elgin � 1 Attest: f,; � ,� .,_, C�7°1 City Clerk • ity of Elgin 5 STATE OF ILLINOIS COUNTY OF KANE RESOLUTION NO. 07 - 121 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 the affordable-housing needs of the residents of the City of Elgin, unincorporated Kane County, and the twenty-four municipalities that participate in the Kane County CDBG Program; and WHEREAS,the term of the agreement establishing the Consortium is for a three-year period and will expire at the end of Program Year 2007; 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, the residents of Kane County and the City of Elgin will benefit from the renewal of the Kane-Elgin HOME Consortium. NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Chairman thereof is 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. P ssed by the Kane County Board on April 10, 2007. w ■ l i • ' • hn A. Cunningham Karen McConnaughay lerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois • Vote: Yes No Voice s COUNTY ILLINOIS DATE APR ? 4 ZOO I Abstentions 4HOME ;I John A Cunningham,Kane County Clerk and Keeper of the Records in Kane County, Illinois do hereby reify 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 affixed the `*' Seal o .•- • .f. .•e at my office in Geneva,Illinois. J.I A.CunningJham,Kane Co j,e'Clerk State of Illinois) County of Kane) City of Elgin ) CERTIFICATE OF CITY CLERK I, Diane Robertson, 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. 07-146 RESOLUTION AUTHORIZING EXECUTION OF A HOME INVESTMENT PARTNERSHIPS CONSORTIUM AGREEMENT WITH THE COUNTY OF KANE adopted by the Elgin City Council at its legally convened meeting held on June 13, 2007. 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 26, 2007. City Cle k (SEAL) Resolution No. 07-146 RESOLUTION AUTHORIZING EXECUTION OF A HOME INVESTMENT PARTNERSHIPS CONSORTIUM AGREEMENT WITH THE COUNTY OF KANE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Ed Schock, Mayor, and Jennifer Quinton, Acting City Clerk, be and are hereby authorized and directed to execute a HOME Investment Partnerships Consortium Agreement on behalf of the City of Elgin with the County of Kane for the 2007 HOME Program Year, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: June 13, 2007 Adopted: June 13, 2007 Vote: Yeas: 7 Nays: 0 Attest: s/Jennifer Quinton Jennifer Quinton, Acting City Clerk (!Inunt Of Nang ,7,„W-Y';‘‘44 OFFICE1 t iJNA3 OARD KENNETH SHEPRO Kane uItoternmi3tl nter Telephone:630-208-5135 •' c 3e Fax:630-232-9188 Special Assistant State's Attorney .R 3taV11�lVCllll, County Board Attorney ,„ sheprokenneth @co.kane.il.us Ge �a'Ill 'tk s4 4 ‘14';47 ;: 44- 4',. . June 25, 2007 Ray E. Willis, 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. Willis: The Kane County Development Department has requested a legal opinion regarding: 1) whether the terms and provisions of the executed Consortium Agreement for Federal Fiscal Years 2008, 2009 and 2010 ("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 06-04 issued by the U.S. Department of Housing and Urban Development ("HUD"), and pertinent statutes and regulations. Procedures for designating "Consortia" under the HOME Investment Partnerships Program are set out in HUD Notice Number CPD 06-04 and regulations referenced therein. The Program is authorized by Title II of the Cranston-Gonzalez National Affordable Housing Act, which is also known as the HOME Investment Partnerships Program. 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, which has evidenced its willingness to participate by submission of a City Council resolution authorizing execution of the Consortium Agreement. It is our opinion, for the reasons hereinafter set forth, 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. We further opine that the Consortium Agreement provides full authority for the Consortium to undertake or to assist in undertaking housing activities for the HOME Investment Partnerships Program. Your attention is also directed to the opinion of the Kane County State's Attorney dated June 23, 2004, previously submitted to you in connection with the Agreement for Fiscal Years 2005, 2006 and 2007. Kane County is a unit of local government and, as such, has all the powers conferred on counties by law. By virtue of the Illinois Constitution, Article VII, Section 10(a), counties have the power to contract with the Federal government to receive and expend Federal funds. "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." Ill. Const., Art. VII, sec. 10(a). The HOME.- Investment Partnerships Program is further authorized by the Intergovernmental Cooperation Act, which is applicable to Kane County and the City of Elgin, which presently form the Consortium. The Act 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." [5 ILCS 220/3 (2000)]; and "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." [5 ILCS 220/5 (2000)]. "Public agency," as defined in the Illinois Intergovernmental Cooperation Act, includes "any unit of local government as defined in the Illinois Constitution of 1970." [5 ILCS 220/2 (2000)]. Regarding the question of whether the executed Consortium Agreement provides full legal authority for the Consortium to undertake housing-assistance activities required by the HOME Investment Partnerships Program, the answer is found in the plain and ordinary meaning of the words "any power...and any function pertaining to its government and affairs" as used in 2 Article VII, Section 6(a) of the Illinois Constitution. The plain meaning of the words used is that (except as limited by section 6 itself) any power and any function may be exercised or performed by government pertaining to its affairs. Illinois municipalities have long recognized that housing-assistance activities fall within the scope of municipal powers and functions. Although no Illinois law expressly authorizes Kane County to engage in housing assistance activities, the safety and welfare of Kane County residents falls under the purview of the county's home rule powers. Furthermore, I have reviewed the executed Consortium Agreement, and the related Resolutions and Certifications, and conclude that it is adequate to legally bind the members of the Consortium to its terms and is therefore consistent with the HUD guidelines. To summarize, no Illinois law or applicable local ordinance prohibits Kane County or municipalities within Kane County from undertaking the housing-assistance activities contemplated by the Consortium Agreement. Consequently, I am of the opinion that the Consortium Agreement is authorized by Illinois law and provides legal authority for the Consortium to undertake or to assist in the underta• ing of housing activities for the HOME Investment Partnerships Program. iyy Yo . v•,. 1, ,: j , .►,(410 1 L �---- " Special Assistan State's Attorney Kane County, Il'inois KCS:ks CC: City of Elgin—Corporation Counsel Kane County Development Department KCS Opinion Home Consortium HUD 6-25-07.doc 3 Rod Blagojevich,Governor June 25, 2007 AILLINOIS Mr. Scott Berger HOUSING Community Development Program Manager DEVELOPMENT Kane County Development Department AUTHORITY County Government Center + 401 N.Michigan Ave. 719 Batavia Avenue • Chicago,IL 60611 Geneva, IL 60134 312-836-5200 Main 312-836-5222 TDD CC: Jaysen Alexander, CPD Representative, HUD www.ihda.org RE: Kane County HOME Consortium State Certification Dear Mr. Berger: Enclosed is a copy of the States Certification of the HOME Consortium formed between the jurisdictions of Kane County and the City of Elgin. The Certification is signed by IHDA's Executive Director, DeShana L. Forney, the Governor's designated signator for the HOME Program. A fax copy was sent to your office earlier. I have also faxed a copy to Jaysen Alexander, Community Planning and Development Representative, HUD, and sent him the original Certification, per your request. If you have any additional questions or need further assistance, please feel free to call me at 312/836-5320. Sincerely, &zx,. &o_j/C Burton Hughes Senior Housing Coordination Services Officer Office of Housing Coordination Services Encl. STATE OF ILLINOIS CERTIFICATION OF HOME CONSORTIUM This is to certify that the consortium formed between the jurisdictions of the County of Kane, Illinois, and the City of Elgin, Illinois, will direct its activities to the alleviation of housing problems within the State of Illinois. This is in accordance with the Cranston-Gonzalez National Affordable Housing Act of 1990, Section 216(2). DeShana L. Forney Executive Director Illinois Housing Development Authority Name of State Official 1 ► • / IAA -s./ /l4 Signature-Authorized Offic qo5-f° ate t:\ochs\certification of home consortium