Drafter
Clerk 08/23/2012
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AN ORDINANCE authorizing the executive to enter into an interlocal agreement with the city of Federal Way to facilitate transfer of unallocated Community Development Block Grant Program funds from the county to the city of Federal Way.
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STATEMENT OF FACTS:
1. King County has entered into contracts with the United States through its Department of Housing and Urban Development ("HUD") to execute an urban county consortium Community Development Block Grant ("CDBG") Program under the Housing and Community Development Act of 1974 ("the Act").
2. K.C.C. chapter 24.13 establishes the policy of King County to partner with cities and towns in the county as an urban county consortium for planning the distribution and administration of federal CDBG funds.
3. On July 8, 2008, the county and the city of Federal Way ("the city") entered into a three-year interlocal cooperation agreement to allow the county to carry out community development activities chosen by the city to be carried out in the CDBG consortium and in the city using fiscal year 2009, 2010, and 2011 CDBG funds allocated by HUD for the city.
4. The city sent written notice to the county that it elected not to participate in the King County CDBG consortium after December 31, 2011, and became an independent metropolitan city grantee under the Act on January 1, 2012. As a metropolitan city, Federal Way will receive and administer its own CDBG entitlement in fiscal year 2012 and thereafter.
5. Under Section 106(c)(3) of the Act, HUD may transfer unobligated funds from the county to the city if the funds to be transferred have been previously programmed by the county for use in the city, and the city has entered into a legally binding agreement to assume responsibility for the funds through specifically programmed activities.
6. The attached interlocal agreement constitutes a legally binding agreement between the county and the city to transfer unallocated CDBG funds previously programmed by the county for use in the city, and for the city to assume responsibility for the funds through specifically programmed activities.
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. The King County executive is hereby authorized to enter into an
interlocal agreement with the city of Federal Way, substantially in the form of Attachment A to this ordinance.