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HomeMy WebLinkAboutResolution 2005-045 ---~----_._---~_._~-- r RESOLUTION No. 2005-045 RESOLUTION REGARDING CITY OF NORTH RICHLAND HILLS, A DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) METROPOLITAN CITY DESIGNATED AS A DIRECT ENTITLEMENT CITY, FOR PARTICIPATION IN TARRANT COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE THREE PROGRAM YEAR PERIOD , FISCAL YEAR 2006 THROUGH FISCAL YEAR 2008, SUBJECT TO THE JOINT ADMINISTRATIVE AGREEME~T ATTACHED (ATTACHMENT "A"). WHEREAS, Title I of the Housing and Community Development Act of 1974, as amended through the Housing and Community Development Act of 1992, establishes a program of community development block grants for the specific purpose of developing viable communities by providing decent housing and suitable living environments and expanding economic opportunities principally for persons of low and moderate income, and WHEREAS, Tarrant County has been designated an "Urban County" by the Department of Housing and Urban Development entitled to a formula share of Community Development Block Grant 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 Small Cities or State CDBG Program from appropriations for fiscal years during the period in which it is participating in Tarrant County's CDBG program, and WHEREAS, through cooperative agreements Tarrant County has authority to carry out activities funded from annual CDBG Program Allocations from Federal Fiscal Years 2006, 2007, 2008 appropriations and from any program income generated from 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, community renewal and low income housing assistance activities, and 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, the City of North Richland Hills has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations, and WHEREAS, the City of North Richland Hills has adopted and is enforcing a policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within jurisdictions, and WHEREAS, Tarrant County and the City of North Richland Hills shall take all actions necessary to assure compliance with the Urban County's certification required by section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of 1 the Civil Rights Act of 1964, and T We VIII nf the CiviI Rights Act nf 1968, section 109 of Title [ of the Honsing and Community Development Act of 1974, and other applicable laws, and WHEREAS, prior to disbursing any CDBG Program funds to a sUbrecipient, Tarrant County shall sign a written agreement with such subrecipient, and WHEREAS, the City of North Richland HiIIs agrees to iuform the County of any income generated by the expenditure of CDBG funds received and that any snch program income mnst be paid to the County to be used for eligible activities in accordance with aII CDBG Program requirements, and WHEREAS, in accordance with 24 CFR 570.50 1 (b), Tarrant County is responsible for ensuring that CDBG funds are used in accordance with aII 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 Riehl and HiIIs, 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 Ricbland HilIs, agrees to notify TalTant County of any modification or change in the USe of the real property &om that planned at the time of acquisition or improvement, includiug dispositiou, and further agrees to reimburse the County in an amount equal to the current fuir market value (Jess any POrtion thereof attributable to expenditure of non-CDBG funds) of property acquired or improved with CDBG funds that is sold or transfeITed for a USe which does not qualify under the CDBG regulations, and WHEREAS, any money generated from disposition or transfer of the property wiU be treated as program income and returned to the county prior to or subsequent to the close-out, cbange of status or termination of the cooperation agreement between county and the CIty ofNortb RIchland HIlls; NOW, THEREFORE, BE IT RESOLVED, by the City of North Richland mIIs, that tbe City Council of North Ricbland HiIIs, Texas SUpports the application of Tarrant County for fundmg &om th Housing and Community Development Act of 1974, as amended, and asks that Its POpulatIOn be e "h h f T t C t T xas to Carry out under PublIc Law . ¡uded for three succeSSIve years WIt t at 0 arran oun y, e . M f ~~~383, and Affordable Housing activities under Public Law 101-625, and autho=e~~~fH":~~:g North Richland mIIs, Texas to sign such addltIOnal/~~::o~~~~st~dbiU::e~;;;at the City of North and Urban Development pursuant to the PTurpos~s ~ ~y will hav~ final responsibility for selecting Richland Hills, Texas understands that arran oun rojects and filing annual grant requests. P . a reement will automaticaIIy be renewed for BE IT FURTHER RESOLVED, thIS g ds unless TarTant County or the City of North . i ation in successive three-ye:"" quahficatInn pen°rti~i ate in a new quaJification period. Tarrant ~~:~a~d ~ills ~rovihde~ ;ritt~;;;,':~~~::~ ~~:I:o ~':vriti~g of its right to mak(~~~h) ~~ ;~:~:I~~b~~ County wlII notIty tel yo. f H sin and Urban Development . the date specified by the U.S. Department 0 o~ n g eriod Any amendments or changes contamed county qualification notice for the .next quahfica 'i~a~e to for a subsequent three-year urban county 'th' the urban county qualIficatIOn notIce appl d th City of North Richland HIlls, and WI 10 d d b Tarrant County an e '11 . d tb qualification period must be a ?pte y d t such an amendment to the agreement WI VOl e submitted to HUD, Failure by eIther party to a op automatic renewal of this agreement. 2 -------._-~------------_._.."-_..- TJ¡js agreement remains in effect until CDBG, 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 Ricbland Hills may terminate or withdraw ITom the agreement while the agreement remains in effect. Official notice of amendments or changes applicable for a Subsequent three-year urban county agreement shaII be in writing and be mailed by certified mail to the City Secretary of the City ofNortb Richland Hills. Any notice of changes or amendments to this agreement by the City of North Ricbland Hills to Tarrant County shall be in writing to the Tarrant County Community Development Division Director. PASSED AND APPROVED THIS ~~ dayofA1ay., \\"'~CN' . ~'" \.\ ...:,:'::':1tIl.. . ",'\'., ""V~ AT ':"n ..'.,. \:, ~~ : ~ .- CI~~CRE1JY.;.:~ /" ~ -. .....' ~ ... ~ ~ ..~..... " "- .. . ," "'1. _ 111\\ 111///"""11'1 ~Oo.s ~cÝ~- MA OR i~ as to Form* *By law, the District Attorney's Offi~e may only advise or aPtprovle cOlnd~~~~~~tl~~a~:~~I~~~n~~h~~ . 1, It t advIse or approve a contrac or ega. . behalf of Its C Ients. may no d t d lely .t:rom the legal Perspective of our clIent. . . f th· document was con uc e so .. . d partIes. Our revIew 0 IS fti d I ly for the benefit of our client Otber partIesshoul not Our approval of this documhentlwd as ~ ere. so ~d approval by their own resp~ctive attorney(s). rely on this approval, and S ou see reVIew 3 -----------.-..- Attachment A Resolution No. 2005-045 JOINT ADMINISTRATIVE AGREEMENT FOR ADMINISTRATION OF C°MMuNrry DEVELOPMENT BLOCK GRANT PROGRAM THE STATE OF TEXAS § § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT The CITY OF NORTH RICH LAND 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 Community Development Block Grant (CDBG) program funds for the FY 2006 program year, and The CITY OF NORTH RICHLAND HILLS has entered into a cooperative agreement (attachment "A") with TARRANT COUNTY, hereinafter caIIed "County", to Participate in the County's CDBG program as a metropolitan city eligible to receive direct entitlement ofCDBG funds, and The CITY OF NORTH RICHLAND fiLLS and TARRANT COUNTY bave agreed to abide by HUD requirements as detailed in CPD 96-04, Article 5, in the cooperative agreement (attachment "A'ï, and in accordance with 24 CPR 570.308 Joint Requests. This JOINT ADMINISTRATIVE AGREEMENT is made and entered into by and between the City Council of the CITY OF NORTH RICHLAND fiLLS and TARRANT COUNTY and the parties hereby AGREE as follows: 1. Scope of Term of Services. The City hereby emp~oys the County through this Joint Administrati ve Agreement to administer all activities and reqU1reJnents of federal, state and local law, and rules and procedures of the United. State~ Departm~t of HOUSIng and Urban Development with regard to the City's metropohtan city designatIon and related COmmumty Development Block Grant for the Fiscal Years 2006 through 2008. D' t 'b f of CDBG Funds. The City shall receive CDBG entitlem~nt program 2. IS n u IOn '. metro olitan cit. The amount of fundmg shall be funding ITom the County as anhent~ d t !:runes an:ua1ly as the City's entitlement as a equivalent to or greater than w at e e metropolitan city. b onsible for administering all activities 3. Duties of Coun!)!. The County shall e red' 'th 24 CPR 570.500 Subpart "J" related to the City CDBG entitlement program III accor ance WI Grant Administration. ." 11 Cit CDBG entitlement program funding 4. Duties ofthe City. The City wIll approve a y t r any other uses to the extent d " The City will determine specIfic programs, proJec s, 0 eCISlOns. 1. 'bl t"" ties permitted and consistent with HUD e IgI e ac IVI . - - -~.._--~~._----_.._._._-_.._..._.~~---~---- ~. ''') ~~'.-'.~f" / / 1 RESOLUTION REGARDING CITY OF NORTH RICHLAND HILLS, A DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) METROPOLITAN CITY DESIGNATED AS A DIRECT ENTITLEMENT CITY, FOR PARTICIPATION IN TARRANT COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE THREE PROGRAM YEAR PERIOD , FISCAL YEAR 2006 THROUGH FISCAL YEAR 2008, SUBJECT TO THE JOINT ADMINISTRATIVE AGREEMENT ATTACHED (ATTACHMENT "A"). RESOLUTION No. 2005-045 WHEREAS, Title I of the Housing and Community Development Act of 1974, as amended through the Housing and Community Development Act of 1992, establishes a program of community development block grants for the specific purpose of developing viable communities by providing decent housing and suitable living environments and. expanding economic opportunities principally for persons of low and moderate income, and WHEREAS, Tarrant County has been designated an "Urban County" by the Department of Housing and Urban Development entitled to a formula share of Community Development Block Grant 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 Small Cities or State CDBG Program from appropriations for fiscal years during the period in which it is participating in Tarrant County's CDBG program, and WHEREAS, through cooperative agreements Tarrant County has authority to carry out activities funded from annual CDBG Program Allocations from Federal Fiscal Years 2006,2007,2008 appropriations and from any program income generated from 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, community renewal and low income housing assistance activities, and 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, the City of North Richland Hills has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations, and WHEREAS, the City of North Richland Hills has adopted and is enforcing a policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within jurisdictions, and WHEREAS, Tarrant County and the City of North Richland Hills shall take all actions necessary to assure compliance with the Urban County's certification required by section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of 1 the Civil Rights Act of 1964, and Title VIII of the Civil Rights Act of 1968, section 109 of Title I of the Housing and Community Development Act of 1974, and other applicable laws, and WHEREAS, prior to disbursing any CDBG Program funds to a subrecipient, Tarrant County shall sign a written agreement with such subrecipient, and WHEREAS, the City of North Richland Hills agrees to inform the County of any income generated by the expenditure ofCDBG funds received and that any such program income must be paid to the County to be used for eligible activities in accordance with all CDBG Program requirements, and WHEREAS, in accordance with 24 CFR 570.501(b), Tarrant County is responsible for ensuring that CDBG 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 from 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-CDBG funds) of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under the CDBG regulations, and WHEREAS, any money generated from 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 of the 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 from 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 RESOLVED, 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.m 2 This agreement remains in effect until CDBG, 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 from 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 Richland Hills. Any notice of changes or amendments to this agreement by the City of North Richland Hills to Tarrant County shall be in writing to the Tarrant County Community Development Division Director. eJOOS ~d~ MA: OR ;¿ì ' /hn~~) COUNTY JUDGE.. ./" . /; /If ßlS-- 78 d as to Form* *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 from 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 Attachment A Resolution No. 2005-045 JOINT ADMINISTRATIVE AGREEMENT FOR ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THE STATE OF TEXAS § § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT The CITY OF NORTH RICHLAND HILLS, hereinafter called "City", has accepted a designation by the United States Department of Housing and Urban Development (RUD) as a metropolitan city eligible to receive direct entitlement of Community Development Block Grant (CDBG) program funds for the FY 2006 program year, and The CITY OF NORTH RICHLAND HILLS has entered into a cooperative agreement (attachment "A") with TARRANT COUNTY, hereinafter called "County", to participate in the County's CDBG program as a metropolitan city eligible to receive direct entitlement of CDBG funds, and The CITY OF NORTH RICHLAND HILLS and TARRANT COUNTY have agreed to abide by HUD requirements as detailed in CPD 96-04, Article 5, in the cooperative agreement (attachment "A"), and in accordance with 24 CFR 570.308 Joint Requests. 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 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 Community Development Block Grant for the Fiscal Years 2006 through 2008. 2. Distribution of CDBG Funds. The City shall receive CDBG entitlement program funding from the County as an entitled metropolitan city. The amount of funding shall be equivalent to or greater than what RUD determines annually as the City's entitlement as a metropolitan city. 3. Duties of Countv. The County shall be responsible for administering all activities related to the City CDBG entitlement program in accordance with 24 CFR 570.500 Subpart "J" Grant Administration. 4. Duties ofthe Citv. The City will approve all City CDBG 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 FOURTEEN PERCENT (14%) ofthe total City CDBG entitlement program funding. 6. Citv Administrative Expenses. The County shall remit to the City SIX PERCENT (6%) of total City CDBG entitlement program funding for administrative costs incurred by the City in accordance with HUD eligible reimbursable administrative costs. This Joint Administrative Agreement is executed on behalf of the CITY OF NORTH RICHLAND HILLS and TARRANT COUNTY by its duly authorized officials. CITY OF NORTH RICHLAND HILLS ~cP¡fiA$ MAYOR DATE: r;'~\b5 TARRANT COUNTY, TEXAS ~ /? 0 /_ ¿øA? {~~ TOM VANDERGRIFF, . E¿:> . DATE: " ú//111J~ .."