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82-ERESOLUTION NO. 82- ~ A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, REAFFIRMING ACTION TAKEN BY MOTION AT THE REGULAR CITY COUNCIL MEETING ON OCTOBER 20, 1981, APPROVING AND AUTHORIZING EXECUTION OF THE INTERLOCAL AGREEMENT RELA- TIVE TO URBAN COUNTY FUNDING PROGRAM FOR COMMUNITY DEVELOPMENT ACTIVITIES. NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY' COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That the City of Boynton Beach desires to continue to be a part of the Urban County Funding Program for Community Development Activities. Section 2. That the City Council, in order to comply with Housing and Urban Development requirements, wishes to reaffiru by Resolution, action taken on October 20, 1981 by the motion made by Councilman Joe deLoag, seconded by Vice Mayor Walter M. Trauger, and unanimously carriedv that the Interlocai Agreement be executed by the City of Boynton Beach, Florida. (A copy of the Interlocal Agreement is attached hereto and made a part hereof.) Section 3. That a certified copy of this Resolution be furnished to the Palm Beach County Department of Housing and Community Development. PASSED AND ADOPTED this 5th day of January, 1982. ATTEST: ~k (Corp. Seal) CITY OF BOYNTON BEACH, FLORIDA By Mayor INTER-LOCAL AGR EF~ENT THIS INTER-LOCAL AGREEMENT made and entered into this day of ~~ , 1981 by and between: PALM BEACH ~COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "the County"- and City of Boynton Beach hereinafter referred to as "the Municipality". WHEREAS, the parties hereto have the common power to perform Community Development Block Grant (CDBG) activities within Palm Beach County~ said common powers being pursuant to Section 125.01~ Florida Statutes~ and Chapter 163~ Part III, Florida Statutes; and WHEREAS, it is mandated by Title I of the Housing and Community Development Act of 1980 (hereinafter referred to as the '"Act") that 'a county must have a minimum of two hundred thousand. (200,000) people in order'to qualify as an ~urban county" and receive entitlements to Community Development funds; and WHEREAS, Palm Beach County desires to join with municipali- ties in order to carry out the planning and professional services necessary~t° implement the Community Development Act; and WHEREAS~ the County and Municipality wish to cooperate in undertaking, or assisting in undertaking, essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing~ and WHEREAS, the Municlpality desires to cooperate with the County for the purpose of implementing the Provisions of the Act; and WHEREAS, the Municipality and County have cooperated in the past Community Development funding year. NOW, THEREFORE, the parties hereby agree as follows: 1. The COUNTY and the MUNICIPALITY will join together so that the COUNTY may qualify as an "urban county" under Title I of the Act and receive funds under said Act, as result thereof. 2o The COUNTY and the MUNICIPALITY will cooperate in un~e~- taking, or assisting in undertaking, community renewal and lowe~ income housing activities, specifically urban renewal and publicly assisted housing. 3. The MUNICIPALITY and the COUNTY will cooperatively prepare a Community Development Block Grant (CDBG) Program Application to include a Housing Assistance Plan. Provided however, that the COUNTY agrees to undertake or assist in undertaking a~l professional and administrative services necessary to prepare said application and other necessary documents,-and'agrees to take full responsibility and assume all obligations of an applicant under the Act. 4. The COUNTY and the MUNICIPALITY agree that the COUNTY is hereby authorized to undertake essential Community'Development and Housing Assistance. activities within the MUNICIPALITYc. 5. The MUNICIPALITY and the COUNTY will comply with the pro- visions of. the National Environmental Policy Act of 1969r Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 196~ Executive Order 11988, Section 3 of the Housing and Urban Development Act of 1968, Section 109 of the Housing and Community Development Act of 1974, and other applicable laws. 6. The COUNTY, through its various departments~ shall assist the MUNICIPALITY in undertaking all professional and administra- tive services for the purposes of implementing this Agreement including preparation of all applications and other necessary documents; planning; all urban renewal activities; legal representation, including eminent domain proceedings~ code enforcement; clearance~ demolition, rehabilitation of public and/or private properties; and providing affordable housing° 7o The COUNTY will carry out all essential activities as may be required by the Dep~rtment of Housing and Urban Development, pursuant to Title I of the Act by providing funds and/or services during the period of this Agreement~ -2- 10o 11. However, the COUNTY may permit the ~IUNICIPALITY, through separate agreement, to carry out essential community develop-. ment and/or housing assistance activities in conformance with the Community Development Plan and implement programs sub- mitted to and approved by the Department of Housing and Urban Developemnto The COUNTY and the MUNICIPALITY will comply with the housing assistance plan, community development plan and .the imple- menting program as detailed in the Community Development B~ck Grant Application s.ubmitted to the Department of H~us~ng and Urban Development. The COUNTY and the MUNICIPALITY rsay' not veto or otherwise restrict the provisions in this agreement in any manner to obstruct the implementation of the approved three (3) year housing and community development plan during the three program years for which the COUNTY qualifies as an urban county. The effective date of this multi-year agreement shall begin on October 1, 1981~ and shall terminate on September 30, 1984~ the expiration date of the Housing and Community Development Act of 1980. This Agreement is contingent upon the COUNTY'S qualifying as an "urban county" and being awarded funds under the Housing and Community Development Act of 1980. Any prior agreements or contracts regarding the duties and obligations_~ of the parties enumerated herein are hereby declared to be null and void. -3- IN WITNESS WHEREOF, the parties hereto have caused this ~greement to be executed by their duly authorized officials. COUNTY JOHN B. DUNKLE, Clerk PALM BEACH COUNTY, FLORIDA BY ITS'- BOARD OF COUNTY CO~94ISSIQNERS Deputy Clerk (SEAL)':,, AS TO FORM AND LEGAL SUFFICIENCY NOV 2, 4. ~98I ..~.Y orney City Clerk MUNICIPALITY "-/ ' ~t~ Ma~age~ approved as to form City Attorney -4- MINUTES - REGULAR CITY COUNCIL MEETING OCTOBER 20, 1981 Consider Approval of Design Concept - N. E. 10th Avenue Councilman deLong moved to accept the recommendation of Carmen S. Annunziato, City Planner and adopt the 50 foot right-of-way for design and construction purposes as put forth by the consultants. Councilmember Wooltey seconded the motion. Councilman Wright wondered which commercial establishment Mr. Annunziato referred to in his memorandum of October 15. Mr. Annunziato replied it was the small building at 2nd Street and 10th. The business is scheduled to be relocated to the west. Councilman Wright asked about the three homes that were mentioned. Mr. Annunziato could not identify them for Mr. Wright. City Manager Cheney explained that the City went with Metric Engineer- ing to do a detailed, study Of the street and are proposing a 60 foot right-of-way. They knew from'the beginning some properties would be affected. Mayor Harmening stated that originally, when they had talked about it, some people addressed the Council and they wanted a four lane highway through there. Later, when they found the majority of the people did not favor it, the City took a more real- istic stand. City Manager Cheney advised that a four lane divided highway would have ~eaten up the neighborhood. Councilman Wright said they were supporting two lanes with side- walks on both sides. A representative of Metric Engineering advised the proposed right-of- way would affect two small buildings located on the south side where the present 30 foot right of way exists. It will affect another structure right across from the Gloria Shop, which is a wooden shop. It will be moved back or dismantled. It is a concept that keeps the neighborhood, allows additional parking, and keeps the traffic moving. City Manager Cheney pointed out that there would be some islands; it will show where parking would be located, and do some landscaping. It will give some flexibility. Mayor Harmening told Councilman Wright the City had been going over the matter for seven years. A vote-was taken on .Councilman deLong's motion, and the motion carried 5-0. Renew Interlocal Agreement - Palm Beach County Community Development Urban County Program Councilman deLong noted a date should be filled in. Mayor Harmening and City Manager Cheney agreed it should be October 20, 1981. Councilman deLong moved that the agreement be executed, seconded by Vice Mayor Trauger. No discussion. Motion carried 5-0. Title XX Program - Requested by Councilman Joe deLong Councilman deLong thought he moved for the appropriation contingent - 19 -