19741217 r-74-24RESOLUTION NO. R-74-24
WHEREAS, the City of Fairfax, Virginia (hereinafter called
the "City") does not qualify for entitlement funds under the pro-
visions of Title I of the United States Housing and Community De-
velopment Act of 1974, P.L. 93-383 (hereinafter called the "Act");
and ~
WHEREAS, the Act provides for units of local governments
such as the City of Fairfax, not otherwise eligible for entitlement
funds thereunder, to enter into cooperation agreements with urban
counties to undertake essential community development and housing
assistance activities in the city, mutually agreed to by the County
of Fairfax, Virginia (hereinafter called the "County") and the city,
and thereby become eligible for a pro rata formula share of the en-
titlement funds; and
WHEREAS, by entering into such a cooperation agreement with
a qualified urban county, the City of Fairfax will become eligible
for a pro rata formula share of the entitlement funds available un-
der the Act; and
WHEREAS, the County qualifies as an urban county under the
Act; and
WHEREAS, Title I of the Act entitles urban counties to re-
ceive a formula share of the community development funds to be allo-
cated pursuant to provisions therein; and
WHEREAS, the Fairfax County Board of Supervisors has indi-
cated that it intends to apply for entitlement funds under Title I
of the Act; and
WHEREAS, the Fairfax County Redevelopment and Housing
Authority (hereinafter called the "Authority") possesses essential
community development and housing assistance powers pursuant to Title
36 of the Code of Virginia, which powers are required by the Act; and
WHEREAS, the County is party to a Cooperation Agreement,
dated May 14, 1973, with the Authority and thereby also possesses
such essential powers; and
WHEREAS, Section 36-23 of the Code of Virginia enables the
Authority to enter into a cooperation agreement after public hearing
and adoption of a resolution by the Fairfax City Council (hereinafter
R-74-24
called the "Council") declaring the need for the Authority to exer-
cise its powers within the City; and
WHEREAS, Section 15.1-21 of the Code of Virginia allows
political subdivisions of the State to enter into agreements pro-
viding for the joint exercise of powers; and
WHEREAS, the Council finds that there are insanitary and
unsafe inhabited dwelling accommodations existing in the City, and
that there is a shortage of safe or sanitary dwelling accommodations
in the City available to persons of low income at rentals they can
afford; and
WHEREAS, the Council finds that the aforementioned condi-
tions can be remedied through the joint exercise of the community
development powers of the Authority and the County within the City;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Fairfax, Virginia that:
1. There be and hereby is declared a need for the Authority
and thereby the County to exercise its community development powers
within the City;
2. The City Manager or his designee be and hereby is au-
thorized on behalf of the Council to enter into a cooperation agree-
ment with the Authority and the County concerning the exercise of
the aforementioned powers, which agreement shall provide:
a. That the total resident population, as that
term is defined by the Act, of the City shall be in-
cluded with the total resident population of the County
for purpose of applying for a pro rata formula share of
entitlement funds under Title I of the Act; and
b. That, subject to the approval of the application
therefor by the Secretary of the United States Department
of Housing and Urban Development, or his designee, the
County shall receive for and disburse to the City, sub-
ject to paragraph 2.i. below, its proportionate share
of entitlement funds for community development purposes
under Title I of the Act, which share shall be based on
the formula factors as defined in Title I of the Act; and
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R-74-24 ~ ~
c. That the County and the City may apply jointly,
subject to the approval of the City Council, the County
Board of Supervisors and the Authority, for any dis-
cretionary funds which may be available under Title I
of the Act; and
d. That any application by the County on behalf of
the City for community development funds, activities or
projects under the Act must be specifically approved by
the City Council before submission; and
e. That the City shall review and approve or dis-
approve such project applications and the community de-
velopment and housing assistance plans within 30 days of
receipt in order to allow for the expeditious submission
of the total application by the County; and
f. That the City shall comply with said community
development and housing assistance plans only if they
are approved by the City Council as provided in paragraph
2.d. above and with the specific understanding that no
project may be completed within the City boundaries or
service districts without the City Council's approval; and
g. That the City shall undertake housing and com-
munity development activities in accordance with the
requirements of Virginia law and the Act as specified
in the community development and housing assistance
plans, if approved as provided in paragraph 2.e. above;
and
h. That County and/or the Authority shall not incur
any indebtedness or any other obligation hereunder which
shall extend or be outstanding after June 30, 1976; and
i. That the City will appropriate a part of any
grants received pursuant to such application to the
County to pay the City's pro rata share of the cost of
preparation of the community development application or
will, when mutually agreeable, substitute appropriate
City staff time in lieu of cash payment; and
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R-74-24
j. That the cooperation agreement shall in no way
prohibit the City from applying separately for any other
funds made available under the Act or any other Federal
or State legislation, unless otherwise provided by State
or Federal law; and
k. That, for projects executed by and funded through
the City's pro rata formula share under Title I of the
Act, the City shall be solely responsible for complying
with: (1) Title VI of the Civil Rights Act of 1964,
P.L. 88-352; (2) Title VIII of the Civil Rights Act of
1968, P.L. 90-284; (3) Sections 104(a) (6), 104(g),
104(h),.109 and 110 of the United States Housing and
Community Development Act of 1974, P.L. 93-383; (4)
Section 3 of the Housing and Urban Development Act of
1968; (5) Presidential Executive Orders 11246 and 11063;
(6) the relocation requirements of Title II and the
acquisition requirements of Title III of the United
States Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970; (7) applicable re-
quirements of Federal Management Circular 74-4 and 74-7;
and (8) any Federal rules or regulations issued to im-
plement any of these authorities; and
1. That for those projects described in paragraph
2.k. above, the City shall designate a certifying officer
who shall consent to assume the status of a responsible
Federal official under the National Environmental Policy
Act of 1969 insofar as the provisions of such Act apply
to the projects of the City and who is authorized to con-
sent on behalf of the City and himself to accept jurisdic-
tion of the Federal courts for the purpose of enforcement
of his responsibilities as such an official; and
m. That the City shall comply with any other necessary
provisions of the Act and Title 36 of the Code of Virginia; and
n. That it shall be effective upon execution by all
parties and shall terminate June 30, 1976.
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Adopted: December 17, 1974
Attest:
,//il, .... Acting ~yor ~
City Clerk
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