title
APPROVAL OF AMENDMENT ONE TO A HOUSING
AND COMMUNITY DEVELOPMENT JOINT RECIPIENT
COOPERATION AGREEMENT BETWEEN THE COUNTY OF DUPAGE
AND THE CITY OF WHEATON
(FOR FEDERAL FISCAL YEARS ENDING IN 2024, 2025, 2026 and
CONDITIONAL AUTOMATIC RENEWAL THEREAFTER)resolution
WHEREAS, the United States Congress has enacted the Housing and Community Development Act of 1974, as amended, (hereinafter referred to as "ACT") providing federal financial assistance for various public improvements which will aid in preventing or eliminating blight, and which will assist in the provision of housing and housing opportunities; and
WHEREAS, the ACT provides that local units of government may enter into a joint recipient agreement in order to cooperatively address the purposes of the ACT; and
WHEREAS, the County and the City of Wheaton have determined that joint action is the most effective way to undertake and accomplish activities and purpose of said ACT; and
WHEREAS, the County and the City of Wheaton previously entered into a Joint Recipient Agreement on July 13, 1993 via Resolution number DC-0016-93, which agreement was automatically renewed thereafter for each succeeding urban county qualification period through federal fiscal years 2012, 2013 and 2014, which remained in effect until all funds, including program income or income generated from the expenditure of such funds, which may be received from the U.S. Department of Housing and Urban Development (“HUD”) for such urban county qualification periods through 2014 have been expended, returned, or otherwise accounted for, to the satisfaction of HUD; and
WHEREAS, the County and City of Wheaton previously entered into a Joint Recipient Agreement on June 24, 2014 via Resolution DC-R-0128-14, which agreement automatically renews thereafter for each succeeding urban county qualification period, and it is the intention of the parties that such 2014 Joint Recipient Agreement will remain in effect until all funds, including program income or income generated from the expenditure of such funds, which may be received from the U.S. Department of Housing and Urban Development (“HUD”) for such urban county qualification periods have been expended, returned, or otherwise accounted for, to the satisfaction of HUD, said Joint Recipient Agreement replaced the 1993 version; and
WHEREAS, HUD issued Notice CPD-23-02 on April 10, 2023, which provides instructions for Urban County Qualification for Participation in the Community Development Block Grant (CDBG) Program for Federal Fiscal Years (FYs) 2024-2026; and
WHEREAS, Section V. Cooperation Agreements of said Notice specifies standards which must be contained within all Cooperation Agreements; and
WHEREAS, Section V. H. has been updated to include additional provisions which must be explicitly contained within each Cooperation Agreement, and
WHEREAS, Section 4.4 of the 2014 Joint Recipient Agreement states prior to the automatic renewal of the Agreement for each succeeding three-year Urban County Qualification period, each party agrees to timely adopt any amendment to the Agreement incorporating necessary changes to meet the requirements for Cooperation Agreements set for in the Urban County Qualification Notice applicable to the subsequent three-year Urban County Qualification period, and to submit such amendment to HUD as provided in the Urban County Qualification Notice, and that such failure to comply will void the automatic renewal for such qualification period; and
WHEREAS, Amendment One to the Agreement is entered into for the purpose of incorporating additional provisions obligating the County and Village, which must be explicitly contained within said Agreement; and
WHEREAS, Upon approval by the DuPage County Board, Amendment One will be fully incorporated into the effective Housing and Community Development Joint Recipient Cooperation Agreement Between DuPage County and the City of Wheaton, adopted June 24, 2014 under Resolution DC-R-0128-14 (for federal fiscal years ending in 2024, 2025, 2026 and conditional automatic renewal thereafter); and
NOW, THEREFORE, BE IT RESOLVED, by the County Board that approval is given to incorporate said Amendment One to the Housing and Community Development Joint Recipient Cooperation Agreement Between DuPage County and the City of Wheaton (for federal fiscal years ending in 2024, 2025, 2026 and conditional automatic renewal thereafter) (“AGREEMENT”), a copy of which is attached hereto and made a part hereof; and
BE IT FURTHER RESOLVED, that the Chair of the DuPage County Board is authorized and directed to execute Amendment One, together with such additional documents as may be required in anticipation of, and strictly subject to, the Mayor of Wheaton executing the Amendment; and
BE IT FURTHER RESOLVED, that the Chair of the DuPage County Board is authorized and directed to execute an Amendment One to the Agreement on behalf of DuPage County and the Clerk is hereby authorized and directed to attest to such execution and affix the official seal thereto; and
BE IT FURTHER RESOLVED that the County Clerk be directed to send a copy of this Resolution to Mr. Donald Kathan, Director, Community Planning and Development, Attn: Mr. David Pray, U.S. Department of Housing and Urban Development, Chicago Area Office, Region V, 77 West Jackson Boulevard, Room 2400, Chicago, IL 60604-3507; Honorable Phillip J. Suess, Mayor of Wheaton, Civic Center, 303 W. Wesley St., Wheaton, IL 60187-0727; and a copy to the DuPage Community Development Commission.
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Enacted and approved this 13th of June, 2023 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK