RESOLUTION (ORDINANCE) NO. 3  2008-

A RESOLUTION APPROVING THE INTERGOVERNMENTAL AGREEMENT WITH EL PASO COUNTY REGARDING THE COMMUNITY DEVELOPMENT BLOCK GRANT ENTITLEMENT PROGRAM FOR FISCAL YEARS 2009-2011

WHEREAS, in 1974, the U.S. Congress enacted the Housing and Community Development Act of 1974 (the “Act”), permitting and providing for the participation of the federal government in a wide range of local housing and community development activities and program which activities and programs are administrated by the U.S. Department of Housing and Urban Development (“HUD”); and

WHEREAS, the primary objective of Title I of the Act is the development of viable urban communities, by providing decent housing and a suitable living environments and expanding economic opportunities, mainly for persons of low- to moderate-income, this objective to be accomplished by providing financial assistance in the form of block grant funds to state and local governments for the conduct and administration of housing and community development activities and programs as contemplated under the Act; and

WHEREAS, pursuant to HUD’s Notice CPD-08-04 (the “Notice”), El Paso County, Colorado (the “County”) is qualified to participate in the Community Development Block Grant (“CDBG”) program as an Urban County for Federal Fiscal Years 2009-2011; and

WHEREAS, HUD has determined that the County is not authorized to undertake essential community development and housing activities, as defined in the Notice, in its incorporated areas without the consent of the governing bodies of such incorporated areas; and

WHEREAS, the Town of Palmer Lake (the “Town”) has notified the Urban County and HUD of its desire to be considered part of the Urban County and be included in the County’s annual request to HUD for CDBG funds, and agrees to cooperate with the County to undertake or to assist in the undertaking of essential community development and housing assistance within the boundaries of the Town as may be approved and authorized in the County’s annual request to HUD; and

WHEREAS, the Town understands that by executing this Intergovernmental Agreement it may not apply for grants from appropriations under the State CDBG Program for fiscal years during the period in which it participates in the Urban County CDBG program and it may receive a formula allocation under the HOME Program only through the Urban County; and

WHEREAS, pursuant to C.R.S. 29-1-201, et seq., the Town and the County may enter into agreements for joint or cooperative action and may contract with each other to perform any governmental service, activity or undertaking that each is authorized by law to perform; and

WHEREAS, the parties hereto have determined that it will be mutually beneficial and in the general public interest to enter into this Agreement regarding the conduct of the CDBG Program.

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PALMER LAKE

Section 1. The Intergovernmental Agreement with El Paso County regarding the Community Development Block Grant Entitlement Program for Federal Fiscal Years 2009 through 2011, attached hereto as Exhibit A, is hereby approved in substantially the form as attached. The Mayor and other proper Town Officials are hereby authorized to execute the Agreement by and on behalf of the Town of Palmer Lake.

ADOPTED AND APPROVED this _____ day of July, 2008.

TOWN OF PALMER LAKE
[SEAL]

By

John Cressman, Mayor

ATTEST:

Della Gray, Town Clerk