HomeMy WebLinkAboutResolution 2011-023 0 19 ID
RESOLUTION # 2011 - 023
RESOLUTION FORMING A JOINT ADMINSITRATIVE AGREEMENT 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 ADMINISTRATION OF THE COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR THE THREE PROGRAM YEAR
PERIOD, FISCAL YEAR 2012 THROUGH 2014, SUBJECT TO THE JOINT ADMINISTRATIVE
AGREEMENT ATTACHED
WHEREAS, the Congress of the United States of America has authorized under Title 1 of the
Housing and Community Development Act of 1974, Public Law 93 -383, as amended; 42 U.S.C. Sec
5301, 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, the U.S. Department of Housing and Urban Development in 24 CFR 570.308,
allows any urban county and any metropolitan city located, in whole or in part, within that county to
submit a joint request to HUD to approve the inclusion of the metropolitan city as a part of the urban
county for purposes of planning and implementing a joint community development and housing
program, 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
and HOME program funds provided said County has a combined population of 200,000 persons in its
unincorporated areas and units of general local government with which it has entered into cooperative
agreements, and
WHEREAS, Tarrant County has been designated an "Urban County" and the City of North
Richland Hills has accepted a designation of "metropolitan city" by the Department of Housing and
Urban Development to receive direct entitlement of Community Development Block Grants (CDBG),
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, Article III, Section 64 of the Texas Constitution authorizes Texas counties to
enter into cooperative agreements with local governments to consolidate governmental functions, and
WHEREAS, through cooperative agreements Tarrant County has authority to carry out
activities funded from annual CDBG Program Allocations from Federal Fiscal Years 2012, 2013, 2014
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, 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
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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
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, the City of North Richland Hills agrees to inform the County of any income
generated by the expenditure of CDBG 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, in accordance with 24 CFR 570.501(b), Tarrant County, as the recipient is
responsible for ensuring that CDBG funds are used in accordance with all program requirements. The
use of designated public agencies, subrecipients, or contracts does not relieve Tarrant County of this
responsibility. Tarrant County is also responsible for determining the adequacy of performance under
subrecipient agreements and procurement contracts, and for taking appropriate action when
performance problems arise, such as the actions described in §570.910. Where a city is participating
with, or as part of Tarrant County Urban County, as a participating unit, or as part of a metropolitan
city, the County is responsible for applying to the unit of general local government the same
requirements as are applicable to subrecipients, except that the five -year period identified under
§570.503 (b) (8) (i) shall begin with the date that the unit of general local government is no longer
considered by HUD to be a part of the metropolitan city or urban county, as applicable, instead of the
date the subrecipient agreement expires, 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
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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.
This agreement remains in effect until CDBG funds, and income received to the Fiscal Years 2012,
2013, and 2014 programs, and to any successive qualification periods provided through the automatic
renewal of this agreement, are expended and the funded activities completed, and 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
.�,D 31 r^ +rq ��� G �
SS A NV PROVED THIS 23rdday-of ' 2011
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CITY SECRETARY MAYOR
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COMMISSIO O RS COU " T CLERK / COUNTY JUDGE
Approval Fo v„ or Distric orney
A .roved as to Form*
*By law, the District Attorney's Office may only ad se or approve contracts or legal documents on behalf of its clients. It may not
advise or approve a contract or legal document on .ehalf 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).
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