HomeMy WebLinkAboutResolution 2014-016 RESOLUTION# 2014-016
RESOLUTION REGARDING CITY OF NORTH RICHLAND HILLS
PARTICIPATION IN TARRANT COUNTY'S COMMUNITY DEVELOPMENT
BLOCK GRANT, HOME INVESTMENT PARTNERSHIP AND EMERGENCY
SOLUTIONS GRANT CONSORTIUM FOR THE THREE PROGRAM YEAR
PERIOD, FISCAL YEAR 2015 THROUGH FISCAL YEAR 2017.
WHEREAS, Title I of the Housing and Community Act of 1974, as amended
through the Housing and Community 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 environment and expanding economic
opportunities principally for persons of low and moderate income, and
WHEREAS, Title II of the Cranston-Gonzalez National Affordable Housing Act,
as amended, establishes the HOME Investment Partnership Act to expand the supply of
decent, safe, sanitary and affordable housing for very low-income and low-income
Americans, and
WHEREAS, Tan-ant 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 (CDBG), HOME Investment Partnership
(HOME) and Emergency Solutions Grant (ESG) 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, Article III, Section 64 of the Texas Constitution authorizes Texas
counties to enter into cooperative agreements with local govcmments for essential
Community Development and Housing Assistance activities, and
WHEREAS, the City of North Richland Hills shall not apply for grants under the
State CDBG Program from appropnations for fiscal years during the period in which it is
participating in Tarrant County's CDBG 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 from annual Community Development Block Grant (CDBG),
HOME Investment Partnership (HOME) and Emergency Solutions Grant (ESG) Program
Allocation from Federal Fiscal Years 2015, 2016, and 2017 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 lower income
housing assistance activities, and
WHEREAS, Tarrant County will not fund activities in, or in support of, any
cooperating unit of general local government that does not affirmatively further fair
housing within its own jurisdiction or that impedes the county's actions to comply with
the county's fair housing certification, and
WHEREAS, Tarrant County will not fund activities in support of City of North
Richland Hills that does not comply with section 109 of Title I of the Housing and
Community Development Act of 1974, which incorporates Section 504 of the
Rehabilitation Act of 1973 and the Age Discrimination Act of 1975, and other applicable
laws, 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
lunsdiction 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 baring 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 Community Development Act
of 1974, and other applicable laws, and
WHEREAS,prior to disbursing any CDBG, HOME and ESG Program funds to a
subrecipient, Tan-ant 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 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, HOME and ESG Program requirements, and
WHEREAS, in accordance with 24 CFR 570.501(6), Tarrant County is
responsible for ensuring that CDBG, HOME and ESG funds are used in accordance with
all program requirements, including monitoring and reporting to 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 he a part of the metropolitan city or urban
county, as applicable, instead of the date the subrecipient agreement expires
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 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;
WHEREAS, Tarrant County and City of North Richland Hills may not sell,
trade, or otherwise transfer all or any portion of such funds to another such metropolitan
city, urban county, unit of general local government, or Indian tribe, or insular area that
directly or indirectly receives CDBG funds in exchange for any other funds, credits or
non-Federal considerations, but must use such funds for activities eligible under title I of
the Act in the Transportation, Housing and Urban Development, and Related Agencies
Appropriations Act, 2014, Pub. L 113-76.
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 Housing and Community Development Act of 1974, as
amended, and Cranston-Gonzalez National Affordable Housing Act, as amended, and
asks that its population be included for three successive years with that of Tarrant
County, Texas to carry out Community Development Program Activities Eligible for
Assistance 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 wntten 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 to such election on the date specified by the U S. Department
of Housing and Urban Development in HUD's urban county qualification notice for the
next qualification period. Any amendments or changes contained within the Urban
County Qualification Notice applicable 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, HOME. ESG funds and income received
to the fiscal 2015, 2016, 2017 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 he 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.
PASSED ANDs4Pt^R4dkED THIS 9th day of June , 2014
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Approval Form for District Attome
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Apr o ed as to Form*
*By law, the District Attom-y'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).
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JOINT ADMINISTRATIVE AGREEMENT FOR ADMINISTRATION OF
COMMUNITY DEVELOPMENT BLOCK GRANT
THE STATE OF TEXAS 5
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 (HUD) as a
metropolitan city eligible to receive direct entitlement of Community Development Block Grant
(CDBG) funds for the FY 2015-2017 program years, and
The CITY OF NORTH RICHLAND HILLS has entered into a cooperative agreement
(attachment "Resolution") 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 "Resolution"), 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:
L Scope of Term of Services The County through this Joint Administrative Agreement
agrees to administer on behalf of the City of NORTH RICHLAND HILLS 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 Cites Community
Development Block Grant entitlement program for the Fiscal Years 2015 through 2017
2. Distribution of CDBG The City shall receh e CDBG entitlement program funding
from the County as an entitled metropolitan city. The amount of funding shall be equivalent to
or greater than what IiUD determines annually as the City's entitlement as a metropolitan city.
3. Duties of County. The County shall he responsible for administering all acts[ties
related to the City CDBG entitlement program in accordance with 24 CFR 570.500 Subpar) "J"
Grant Administration. 24 CFR 570 501(b), and 24 CFR 570.503.
4. Duties of the City. 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. Administrative Expenses. The County shall retain, for HUD eligible reimbursable
administrative costs, an amount not to exceed TWENTY PERCENT (20%) of the total annual
HUD allocation under 570.205, 570.206 and OMB Circular A-87 and A-133.
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
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Oscar rest u, b AYt • of
CITY of NORTIII RI' ILAND HILLS
DATE: UrVar`6V1
TARRANT COUNTY,TEXAS
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B. Glen Whitley, COUNTY JUDGE
DATE: 7"B -I �
Received - DI-IUD
JUN 252014
Office of Community
Planning&Development
TARRANT COUNTY
COMMISSIONERS COURT
ADMINISTRATOR'S OFFICE
COMMUNITS DEVELOPMENT DIVISION
Patricia Ward,Director
August 14, 2014
MEMORANDUM:
TO: CITY
Attn: Honorable Mayor
FROM: Patricia Ward, Director
RE: U.S. Department of Housing and Urban Development (HUD)
Requaliflcation of CDBG, HOME and ESG funds for 2015-2017
Thank you for Joining the Tarrant County Urban Consortium for HUD grant funded years
2015 _2017. Enclosed is your original resolution to confirm your association with Tarrant
County for Community Development Block Grant (CDBG), HOME Investment
Partnership (HOME) and Emergency Solutions Grant (ESG) funds.
We appreciate the continued collaboration with each city. If you have further questions or
concerns. please contact Patricia Ward or Susan Au at Tarrant County Community
Development Division (817) 850-7940.
15098 South University Drive, Suite 276. Fort Worth, Tx 76107, 817/850-7940, Fax 817/850-7944