Ordinance 2001-066 ORDINANCE NO. 2001 - 6 6
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONi
COLLIER COUNTY, FLORIDA, RATIFYING AND FURTHER
AUTHORIZING THE MORE EFFICIENT ADMINISTRATION OF THE
COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM FUNDED BY THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) BY PROVIDING FOR
PARTICIPATION IN THE CDBG PROGRAM THROUGH FEDERAL
FISCAL YEARS 2001-2005, AND BY PROVIDING FOR MORE
CLEARLY DEFINED DELEGATION OF SIGNATURE AUTHORITY
FOR CDBG PROGRAM DOCUMENTS TO SPECIFIED COUNTY
OFFICIALS (THE COUNTY MANAGER OR THE CD&ES DIVISION,, .~
ADMINISTRATOR); PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
RECITALS
WHEREAS, as of September l, 2000 the U.S. Department of Housin~/fld
Development (HUD) notified Collier County (County) that it qualifies for entitlement status as an
urban county, based on a total combined population of 200,000 or more from the unincorporated
areas and participating incorporated areas; and
WHEREAS, Resolution No. 2000-339 adopted September 26, 2000, contemplated and
referenced participation in the CDBG Program for Fiscal Years 2001-2003 and,
WHEREAS, the Consolidated Plan submitted to HUD under Resolution No. 2001-181,
adopted May 8, 2001, referenced Collier County's five year Consolidated Strategic Plan for the
time period from July 1, 2001 to June 30, 2006 (federal fiscal years 2001 to 2005) including the
Annual Action Plan for July 1, 2001 to June 30, 2002; and
WHEREAS, the overall goal of the community planning and development programs
covered by the Consolidated Plan is to develop viable communities by providing decent housing
and a suitable living environmental and expanding economic opportunities principally for low- and
moderate-income persons; and
WHEREAS, the Board of County Commissioners considers it to be in the best interest of
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the County to participate in the CDBG program because it furthers a worthwhile County purpose;
and
WHEREAS, the County believes it to be in the public interest to provide certain activities
to Collier County residents through the projects included in each year's Action Plan; and
WHEREAS, the Board of County Commissioners, under Resolution 2000-339, authorized
either the County Manager or the Division Administrator for Community Development &
Environmental Services, as their designee to sign documents pertaining to the application for
Urban County Status, to accept the CDBG grant funds on behalf of the County, and to act in
behalf of the Board of County Commissioners to sign all documents, including the reports
necessary for administration; and
WHEREAS, pursuant to Code of Federal Register (CFR) § 570.3, the Chairman of the
Collier County Board of County Commissioners (Board) is defined as the County's "Chief
Executive Officer;" and
WHEREAS, the Board now desires to ratify and authorize the execution of any prior and
all future documents required to implement and administer the County's CDBG program through
Federal Fiscal Years 2001 through 2005, as now contemplated by the Consolidated Plan, with the
exception of those documents which will be required by law to be signed by the County's Chief
Executive Officer; and
WHEREAS, the HUD software system IDIS (Integrated Data Information Systems) used
for HUD reporting and drawdown of CDBG funds is now established; and
WHEREAS, HUD requires the submission of Environmental Review Records executed by
the "Certifying Officer," which pursuant to 24 CFR 58.2 (2) means the official who is authorized
to execute the Request for Release of Funds and Certification and has the legal capacity to carry
out the responsibilities under 24 CFR § 58.13; and
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WHEREAS, the County Manager and the Community Development & Environmental
Services' Division Administrator are intended to have such signature authority and sign as the
designated official under applicable CFR regulations for any IDIS access authority requests for
HUI employees, certification of Environmental Review Records, and for any related applications,
or other documents required to administer or implement the County's CDBG Consolidated
program, with the exception of those documents required by law to be signed by the County's
Chief Executive Officer.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
1. The foregoing Recitals are adopted as true and accurate statements, and as if fully
stated herein.
2. The Board authorizes and ratifies the County's five-year CDBG Consolidated
Plan, the 2001 Annual One Year Action Plan, and the designation and delegation
of authority to sign all such documents pertaining to all applications, as well as
those required for the implementation and administration of the five-year
Consolidated Plan for HUD CDBG funding throughout federal fiscal years 2001-
2005, or until the termination of the Consolidated Plan, which ever occurs first,
with the exception of those required by law to be signed by the County's Chief
Executive Officer.
3. The County Manager and the Community Development & Environmental
Services' Division Administrator are delegated such signature authority and are
designated to sign in all means as the County's "Certifying Officer'' under
applicable CFR regulations for any such documents, including IDIS access
authority requests for HUI employees, certification of Environmental Review
Records, Consolidated Annual Performance Evaluation Report (CAPER), and for
any related applications, or other documents required to administer or implement
the County's CDBG Consolidated Plan, with the exception of those required by
law to be signed by the County's Chief Executive Officer, specifically including
the Application for Federal Assistance, Form # SF-424.
4. The provisions of this Ordinance shall be liberally construed to effectively carry
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out its purposes. If any section, phrase, sentence or portion of this Ordinance is,
for any reason, held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision, and such holding shall not affect the validity of the remaining portions
of this Ordinance.
This Ordinance shall become effective upon filing with the Florida Department of
State.
This Ordinance approved and duly adopted this,~;~ day of
after motion, second and majority vote favoring same.
2001
DWIGHT~E.. _ :BROC , CLERK
lc~] su~cicnc~:
Patrick G. White
Assistant County Attorney
By:
BOARD OF COUNTY COMMISSIONERS
OF C OLL~~RID A
JAMES.,I~?CARTER, Ph.D., CHAIRMAN
This ordinance filed with the
G.reta, y of ~tate's Office ~
da of
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STATE OF FLORIDA)
COUlgTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2001-66
Which was adopted by the Board of County Commissioners on
the 27th day of November, during Regular Session.
WITNESS my hand and the official seal of the Boarc~(°f
County Commissioners of Collier County, Florida, this
of November, 2001.
DWIGHT E. BRDC~
Clerk of Co'rCs ~and?'C~
Ex-officio t~ BoarG
County Commis
By:
Ellie Hoffman,
Deputy Clerk