10-131 Resolution No. 10-131
RESOLUTION
AUTHORIZING EXECUTION OF A HOME INVESTMENT PARTNERSHIPS PROGRAM
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 Diane Robertson, 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 the County of Kane for the 2010 HOME Program Year, a copy of which is attached
hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: July 14, 2010
Adopted: July 14, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
HOME Investment Partnerships Program
Consortium Agreement
THIS AGREEMENT, entered into effective as of the 14th day of July , 2010,
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
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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.
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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
of the COUNTY, will be provided to the MUNICIPALITY.
K. That the program year start date for the Consortium shall be June 1, 2011, 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 2011, 2012, and 2013 (commencing June 1, 2011 ending May 31, 2014); that this
Agreement remains in effect until the HOME funds from each of Federal Fiscal Years
2011, 2012, and 2013 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, 2011,
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
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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.
[SIGNATURE PAGE FOLLOWS]
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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: JUL 2 7 2010
y .�Y i,��. !...I!��il� Date: �
a •n McConnaughay, Chairman
Kane County Board
CITY OF ELGIN, a municipal corporation
By: Date: tr+114IaCAO
Ed Schock, Mayor
City of Elgin
Attest: Ca,,,,„„ar
Diane Robertson, City Clerk
City of Elgin
5
QCountp of Rant
KENNETH SHEPRO OFFICE OF COUNTY BOARD Telephone: 630-208-5135
Special Assistant State's Attorney Kane County Government Center Fax: 630-232-9188
County Board Attorney 719 S. Batavia Avenue sheprokenneth @co.kane.il.us
Geneva,IT 60134
July 21, 2010
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 Office of Community Reinvestment has requested a legal opinion
regarding: 1) whether the terms and provisions of the executed Consortium Agreement for
Federal Fiscal Years 2011, 2012 and 2013 ("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 08-01 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 08-01 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.
Page 2 of 3
July 21,2010
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
Page 3 of 3
July 21, 2010
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 undertaking of housing activities for the HOME
Investment Partnerships Program.
i
Very
jAil
pecial Assistant State's Attorney
Kane County, Illinois
KCS:ks
CC: City of Elgin—Corporation Counsel
Kane County Office of Community Reinvestment
STATE OF ILLINOIS
COUNTY OF KANE
RESOLUTION NO. 10 - 198
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-three municipalities that participate in the Kane
County CDBG Program; and
WHEREAS, the term of the current Consortium Agreement is for a three-year period and will expire
at the end of Program Year 2010 on May 31, 2011; 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.
Passed by the Kane County Board on July 13, 2010.
n
q
4afreltii#14
Cunningham K:ren cCon aughay
Clerk, County Board Chairman, County Board
Kane County, Illinois Kane County, Illinois
Vote:
Yes 23
No
Voice 0 STATE OF ILLINOIS
Abstentions p COUNTY OF KANE DATE JUL 1 J
� 2010
7HomeConsortium
I, J.;' P1 'gam, Kane County Clerk and Keeper of the Records in Kane County,
Illinois do 4, 4 •t the attached is a true and correct copy of the original record on file.
�:
{.� witness In OXCFYJT��y =
ereof,I have hereunto set my hand and affixed the
'••.,ya` : Seal o .� .so
i1,<., / tY ' at my office in Ge va Illinois.
��
Jo I A. Cunningham,Kane Count frk
STATE OF ILLINOIS
COUNTY OF KANE
RESOLUTION NO. 10 - 198
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-three municipalities that participate in the Kane
County CDBG Program; and
WHEREAS,the term of the current Consortium Agreement is for a three-year period and will expire
at the end of Program Year 2010 on May 31, 2011; 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
*I 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.
Passed by the Kane County Board on July 13, 2010.
LPL/ _ _ APLIAL. ,.l -
4unningha m K:ren cCon aughay
Clerk, County Board Chairman, County Board i
Kane County, Illinois Kane County, Illinois
Vote:
Yes r23 ,,
No o I 1 `, ,_.H
Voice p STATE OF ILLINOIS DATE
Abstentions p COUNTY OF KANE
t•,. ,.„ Kane County Clerk and Keeper of the Records inr Kane County,
7HomeConsortium I, John A. .; ginal record on file.
• Illinois do hereb - ,.a� 1 ::'.•,.- attached is a true and correct copy of the on
cr o�.;
'01.141n0 1 , witness I ereof,I have hereunto set my hand and affixed the
�- A'0. at my office in Ge�-va,Illinois•
.3 ..z Z0%. • eal o = / I V
�'�►4 A. Kane County"rk
Jo� . Cunningham,
COUNTY OF KANE
OFFICE OF COMMUNITY REINVESTMENT 1.01":• (;;i;'T., County Government Center
:, ,�:::,`o' 719 South Batavia Avenue
Paul Kuehnert,Executive Director !oxcm¢to
3(-•— Geneva IL 60134
•• Fax:630-232-3411
'.4!t``*• www.countyofkane.org/Pages/OCR.aspx
July 28, 2010
Ray E. Willis, Director
Office of Community Planning and Development
U.S. Dept. of Housing and Urban Development
77 West Jackson Boulevard
Chicago IL 60604
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 2011-2013. Per HUD Notice Number CPD-08-01, I am
sending you the following qualification documents for your review and approval:
1. HOME Investment Partnerships Consortium Agreement (3 originals)
2. Kane County Board Resolution No. 10-198
3. Elgin City Council Resolution No. 10-131
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 will be supplied directly to your office 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,
Scott Berger, Dir r
Office of Comm ity Reinvestment
Enclosures
cc: City of Elgin