On motion of Mr. Johnston , seconded by Mr. Lagasse, the following resolution
was offered:
RESOLUTION NO. 125759
A resolution authorizing the Council Chairman or in his absence the
Vice Chairman to execute a Cooperative Endeavor Agreement
between the Parish of Jefferson and the City of Gretna relative to
implementing the Community Development Block Grant Disaster
Recovery Program through the City of Gretna Development Code
Revisions and City of Gretna Comprehensive Plan Development in
the amount of $540,000.00. (Council District 1)
WHEREAS, Art. VII, Sec. 14(C) of the Louisiana Constitution of 1974 provides
that for a public purpose, the State and its political subdivisions may engage in
cooperative endeavors with each other, with the United States or its agencies, or with
any public or private ORGANIZATION, corporation or individuals;
WHEREAS, Art. VII, Sec. 14(B) of the Louisiana Constitution of 1974 provides
that public funds may be used for programs of social welfare for the aid and support of
the citizens of Jefferson Parish;
WHEREAS, in the aftermath of Hurricanes Katrina and Rita, the United States
Congress through Public Laws 109-148, and 109-234, and 110-116 appropriated funds
to the U.S. Department of Housing and Urban Development (“HUD”) Community
Development Block Grant (“CDBG”) Program for use through the State of Louisiana for
disaster recovery; and
WHEREAS, the State of Louisiana, Division of Administration, Office of
Community Development (“OCD”), on the behalf of the State of Louisiana, administers
the State’s CDBG disaster recovery program (the “CDBG Disaster Recovery Program”),
which is subject to the Federal statutes and regulations governing CDBG grants, as
modified by exceptions and waivers previously granted and which may hereinafter be
granted by HUD; and
WHEREAS, the Parish is a political subdivision and the unit of local government
of the State of Louisiana responsible for rebuilding and recovery efforts with the Parish
of Jefferson with regard to damages caused by Hurricanes Katrina and Rita; and
WHEREAS, Sub-recipient is the political subdivision of the State of Louisiana
responsible for the recovery and rebuilding of the City of Gretna (“City”) within the
Parish from damage caused by Hurricanes Katrina and Rita; and
WHEREAS, Louisiana’s First action Plan (Katrina/Rita) and Louisiana’s Second
Action Plan (Katrina/Rita), along with various amendments, which were submitted to
and approved by HUD, detail the Road Home Homeowner Assistance Program (the
“Road Home Program”), which is the State’s hurricane recovery program designed to
aid certain homeowners affected by Hurricanes Katrina and/or Rita. Action Plan
Amendment no. 20 to the Louisiana’s First Action Plant (Katrina/Rita) and Action Plan
Amendment No. 7 to Louisiana’s Second Action Plan (Katrina/Rita) further specify the
property disposition and redevelopment process for properties in the Road Home
Program. It is understood by the Parties that such action plans may hereafter by
amended, supplemented, or otherwise modified (collectively referred to as the “Action
Plan”); and
WHEREAS, pursuant to Louisiana Revised Statute §40:600.61 et seq., the
Louisiana Road Home Housing Corporation was created for the purpose of acquisition,
disposition, purchase, renovation, improvement, leasing, and/or expansion of the Road
Home Program housing stock, as described by the Action Plan. The Louisiana Road
Home Housing Corporation is a Louisiana non-profit corporation doing business as the
Louisiana Land Trust (“LLT”); and
WHEREAS, on or about March 1, 2007, the LLT and the OCD entered into a
Cooperative Endeavor Agreement, identified by CFMS #684907, whereby the LLT was
charged with acquisition and disposition of properties under the Road Home Program
(“LLT/OCD Agreement”); and
WHEREAS, Grantee and Sub-recipient are units of local government of the State
of Louisiana responsible for the rebuilding and recovery of the Parish and City.
Pursuant to the authority contained in Article 7, Section 14(C) of the Louisiana
Constitution of 1974, and statutory authority supplemental thereto, the State of
Louisiana and its political subdivisions, including Grantee and Sub-recipient, may enter
into cooperative endeavor agreements with each other.
WHEREAS, in accordance with the Action Plan, certain homeowners, upon
receiving grant funds through the Road Home Program, chose to transfer ownership of
their property to the State of Louisiana, or its designee. The State of Louisiana has
designated LLT as the entity to which the Road Home Program properties are
transferred. LLT is also the entity charged with maintaining the properties pending
disposition of the properties to the parish in which the properties are located; and
WHEREAS, in accordance with the Action Plan, proceeds, less disposition costs,
from the sale of Road Home Programs properties in Parish by LLT are considered
CDBG program income and have been and continue to be transferred to the OCD to be
kept in a separate program income fund for Grantee (the “Grantee’s State Program
Income Fund”); and
WHEREAS, on or about March 6, 2009, the Parish, LLT and the OCD entered
into a tri-part Cooperative Endeavor Agreement, detailing the rights and obligations of
the Parish, LLT and the OCD under the Road Home Program for properties located in
the Parish (“Tripartite Agreement”); and
WHEREAS, this Agreement will allow the Parish to draw down the funds in the
“Grantee’s State Program Income Fund” for reimbursement for the City’s CDBG
allowable costs associated with CDBG eligible activities approved by OCD;
WHEREAS, in accordance with the Action Plan, Grantee has completed a Parish
Redevelopment and Disposition Plan, which was approved by the Louisiana Recovery
Authority (“LRA”) (“Grantee’s Disposition Plan”). Effective July 1, 2010, statutory
authority for the LRA ceased pursuant to Act 831 of the 2008 Regular Session of the
Louisiana Legislature. Beginning July 1, 2010, all LRA functions were assumed by the
OCD; and
WHEREAS, the public purpose to be derived from this Agreement is to assist the
City, as a part of the CDBG Disaster Recovery Program through the Road Home
Program, in the recovery and rebuilding of the City of Gretna from damage suffered by
Hurricanes Katrina and/or Rita; and
WHEREAS, the actions of the Parish and City will result in a public benefit
described in detail in this Agreement not disproportionate to the consideration in this
Agreement; and
WHEREAS, pursuant to Resolution No.123452, adopted on the 27th day of
September, 2014, the Jefferson Parish Council authorized the execution of a
Cooperative Endeavor Agreement between the Parish of Jefferson and the State of
Louisiana, Division of Administration Office of Community Development – Disaster
Recovery Unit to implement the Road Home Homeowner Assistance Program in the
amount of $3,783,097.62; and
WHEREAS, Jefferson Parish has applied for a Louisiana Land Trust (LLT)
Program Income Community Development Block Grant (CDBG) Disaster Recovery
Grant from the Louisiana Office of Community Development/Disaster Recovery Unit for
the City of Gretna Development Code Revisions and City of Gretna Comprehensive
Plan Development; and
WHEREAS, this Cooperative Endeavor Agreement makes funds available to
Jefferson Parish that are necessary to implement projects in the City of Gretna.
NOW THEREFORE, BE IT RESOLVED by the Jefferson Parish Council of
Jefferson Parish, State of Louisiana:
SECTION 1. That the Parish of Jefferson is hereby authorized to enter into a
Cooperative Endeavor Agreement between the Parish of Jefferson and the City of
Gretna relative to the implementing the Community Development Block Grant Disaster
Recovery Program for the City of Gretna Development Code Revisions and City of
Gretna Comprehensive Plan Development in the amount of $540,000.00.
SECTION 2. That the term of this contract shall commence upon the date of
execution of the Agreement.
SECTION 3. That the Chairman of the Jefferson Parish Council, or in his
absence the Vice-Chairman, be and they are, hereby authorized to execute any and all
documents necessary to give full force and effect to this resolution.
The resolution having been submitted to a vote, the vote thereon was as follows:
YEAS: 6
NAYS: None
ABSENT: (1) Roberts
The resolution was declared to be adopted on this the 23rd day of September,
2015.