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HomeMy WebLinkAboutResolution 2005-049 · ré (! ') Cì ?) ') I~· RESOLUTION 2005-049 ! j'- RESOLUTION FORMING A HOME CONSORTIUM BETWEEN THE CITY OF NORTH RICHLAND HILLS, A DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) METROPOLITAN CITY DESIGNATED AS A DIRECT ENTITLEMENT CITY, AND TARRANT COUNTY FOR PARTICIPATION IN TARRANT COUNTY'S HOME INVESTMENT PARTNERSHIP PROGRAM FOR THE THREE PROGRAM YEAR PERIOD, FISCAL YEAR 2006 THROUGH 2008, SUBJECT TO THE JOINT ADMINISTRATIVE AGREEMENT ATTACHED (A TT ACHMENT "A"). WHEREAS, the Congress of the United States of America has enacted the HOME Investment Partnerships Act, Title II of the Cranston-Gonzalez National Affordable Housing Act, 42 U.S.C. See 12701, as amended, and WHEREAS, the U.S. Department of Housing and Urban Development in 24 CFR 92, allows units of general local government to enter into mutual cooperation agreements to form a HOME program consortium for the purpose of obtaining funding as a participating jurisdiction under the HOME Investment Partnership Program, and WHEREAS, Tarrant County has been designated an "Urban County" by the Department of Housing and Urban Development entitled to a formula share HOME Investment Partnership program funds provided said County has a combined population of 200,000 persons in its incorporated areas and units of general local government with which it has entered into cooperative agreements, and WHEREAS, Article III, Section 64 of the Texas Constitution authorizes Texas counties to enter into cooperative agreements with local governments for essential Community Development and Housing Assistance activities, and WHEREAS, the City of North Richland Hills shall not apply for grants under the State HOME Program rrom appropriations for fiscal years during the period in which it is participating in Tarrant County's HOME program, and WHEREAS, the City of North Richland Hills shall not participate in a HOME consortium except through Tarrant County, regardless of whether or not Tarrant County receives a HOME formula allocation, and WHEREAS, through cooperative agreements Tarrant County has authority to carry out activities funded rrom annual HOME Program Allocations rrom Federal Fiscal Years 2006, 2007, 2008 appropriations and rrom any program income generated rrom the expenditure of such funds, and WHEREAS, Tarrant County and the City of North Richland Hills agree to cooperate to undertake, or assist in undertaking, program activities to expand the supply of decent, safe, sanitary and affordable housing for low income and very low income Americans, and WHEREAS, Tarrant County has authorized the Tarrant County Community Development Division to act in a representative capacity as the lead entity for all members of the consortium for the purposes of administering the HOME program, assuming overall responsibility for ensuring the consortium's HOME program is carried out in compliance with the requirements of the HOME program and the Consolidated Plan, and 1 WHEREAS, Tarrant County will not fund activities in support of any cooperating unit of general government that does not affirmatively further fair housing within its own jurisdiction or that impedes the county's actions to comply with its fair housing certification, and WHEREAS, in accordance with 24 CFR Part 91 and 92, Tarrant County is responsible for ensuring that HOME funds are used in accordance with all program requirements, including monitoring and reporting to the U.S. Department of Housing and Urban Development on the use of program income and that in the event of close-out or change in status of the city of North Richland Hills, any program income that is on hand or received subsequent to the close-out of change in status shall be paid to the County, and WHEREAS, the City of North Richland Hills, agrees to notify Tarrant County of any modification or change in the use of the real property ITom that planned at the time of acquisition or improvement, including disposition, and further agrees to reimburse the County in an amount equal to the current fair market value (less any portion thereof attributable to expenditure of non-HOME funds) of property acquired or improved with HOME funds that is sold or transferred for a use which does not qualify under the HOME regulations, and WHEREAS, any money generated rrom disposition or transfer of the property will be treated as program income and returned to the county prior to or subsequent to the close-out, change of status or termination ofthe cooperation agreement between county and the City of North Richland Hills; NOW, THEREFORE, BE IT RESOLVED, by the City of North Richland Hills, that the City Council of North Richland Hills, Texas supports the application of Tarrant County for funding rrom the Housing and Community Development Act of 1974, as amended, and asks that its population be included for three successive years with that of Tarrant County, Texas to carry out under Public Law 93-383, and Affordable Housing activities under Public Law 101-625, and authorizes the Mayor of North Richland Hills, Texas to sign such additional forms as requested by the Department of Housing and Urban Development pursuant to the purposes of the Resolution, and further that the City of North Richland Hills, Texas understands that Tarrant County will have final responsibility for selecting projects and filing annual grant requests. BE IT FURTHER RESOL VED, this agreement will automatically be renewed for participation in successive three-year qualification periods, unless Tarrant County or the City of North Richland Hills provides written notice it elects not to participate in a new qualification period. Tarrant County will notify the City of North Richland Hills in writing of its right to make such an election on the date specified by the U.S. Department of Housing and Urban Development (HUD) in their urban county qualification notice for the next qualification period. Any amendments or changes contained within the urban county qualification notice applicable to for a subsequent three-year urban county qualification period must be adopted by Tarrant County and the City of North Richland Hills, and submitted to HUD. Failure by either party to adopt such an amendment to the agreement will void the automatic renewal of this agreement. This agreement remains in effect until HOME funds, and income received to the Fiscal Years 2006, 2007, and 2008 programs, and to any successive qualification periods provided through the automatic renewal of this agreement, are expended and the funded activities completed, neither Tarrant County nor the City of North Richland Hills may terminate or withdraw rrom the agreement while the agreement remains in effect. Official notice of amendments or changes applicable for a subsequent three-year urban county agreement shall be in writing and be mailed by certified mail to the City Secretary of the City of North 2 :~~ MA OR '/-'4/) ,,¡ -/:: . '7- . ) ~À'''' ~L~ ~ ,,"'7 // ,: ~OUNTY JUDGE .. W *By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely rrom the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s). 3 Exhibit A Resolution No. 2005-049 JOINT ADMINISTRATIVE AGREEMENT FOR ADMINISTRATION OF HOME INVESTMENT PARTNERSHIP ENTITLEMENT PROGRAM BETWEEN THE CITY OF NORTH RICHLAND HILLS AND TARRANT COUNTY COUNTY OF TARRANT § § § KNOW ALL MEN BY THESE PRESENTS THE STATE OF TEXAS The CITY OF NORTH RICHLAND HILLS, hereinafter called "City", has accepted a designation by the United States Department of Housing and Urban Development (HUD) as a metropolitan city eligible to receive direct entitlement of HOME Investment Partnership Program (HOME) funds for the FY 2006 program year"and The CITY has entered into a cooperative agreement (attachment "A") with TARRANT COUNTY, hereinafter called "County", to participate in a HOME Consortium between the County and City to administer the HOME program as a metropolitan city eligible to receive direct entitlement of HOME funds, and The COUNTY has designated the Tarrant County Community Development Division as lead agency to administer HOME program activities for the HOME Consortium, and The CITY and COUNTY have agreed to abide by HUD requirements in accordance with 24 CFR 91 and 92, the U.S. Department of Housing and Urban Development Notice CPD- 04-05, and in the HOME Consortium cooperative agreement. This JOINT ADMINISTRATIVE AGREEMENT is made and entered into by and between the City Council of the CITY OF NORTH RICHLAND HILLS and TARRANT COUNTY and the parties hereby AGREE as follows: 1. Scope of Term of Services. The City of North Richland Hills hereby employs the County through this Joint Administrative Agreement to administer all activities and requirements of federal, state and local law, and rules and procedures of the United States Department of Housing and Urban Development with regard to the City's metropolitan city designation and related HOME Investment Partnership entitlement programs for the Fiscal Years 2006 through 2008. 2. Distribution of HOME Funds. The City shall receive HOME entitlement program funding rrom the County as an entitled metropolitan city. The amount of funding shall be equivalent to or greater than what HUD determines annually as the City's entitlement as a metropolitan city. 3. Duties of County. The Tarrant County Community Development Division, on behalf of the County, shall be responsible for administering all activities related to the City HOME entitlement program in accordance with 24 CFR 92.101. The County will carry out eligible activities in accordance with and follow the requirements of 24 CFR Part 92. 4. Duties of the City. The City will approve all City HOME entitlement program funding decisions. The .City will determine specific programs, projects, or any other uses to the extent permitted and consistent with HUD eligible activities. 5. Fee for Services. The County shall be paid an annual fee based upon TEN PERCENT (10%) ofthe total City HOME entitlement program funding. This Joint Administrative Agreement is executed on behalf of the CITY OF NORTH RICHLAND HILLS and TARRANT COUNTY by its duly authorized officials, MA TARRANT COUNTY, TEXAS ( /'/ . -,£-/ .:J ,.//~ ~iP TOM VANDERGRIFF, J / ,- DATE: ~¿!y¡~ ~ C. ity Secretary Office ~ Official Record Copy