HomeMy WebLinkAboutResolution 2020-024 RESOLUTION NO. 2020-024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, REGARDING 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 2021 THROUGH FISCAL YEAR
2023, AND APPROVING RENEWAL OF THE JOINT
ADMINISTRATIVE COOPERATIVE AGREEMENT WITH TARRANT
COUNTY FOR THE ADMINISTRATION OF THE COMMUNITY
DEVELOPMENT BLOCK GRANT.
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, 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 (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 governments for essential
Community Development and Housing Assistance activities; and
WHEREAS, the City of North Richland Hills may not apply for grants under the State
CDBG Program from appropriations 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; however, this does not preclude Tarrant
County or the City of North Richland Hills from applying to the State for
HOME Investment Partnership (HOME) funds, if the State allows; and
WHEREAS, City of North Richland Hills may receive Emergency Solutions Grant (ESG)
programming through Tarrant County; however, this does not preclude
Resolution No. 2020-024
Page 1 of 5
Tarrant County or the City of North Richland Hills from applying to the State
for Emergency Solutions Grant (ESG) funds, if the State allows; 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 2021, 2022, and
2023, from any program income generated from the expenditure of such
funds and any successive qualification periods under automatic renewal;
and
WHEREAS, the cooperative agreement covers Federal Fiscal Years 2021, 2022, and
2023, and it will automatically be renewed for participation in successive
three-year qualification periods unless the County or the City of North
Richland Hills informs HUD with written notice to elect to not participate in
a new qualification period; and
WHEREAS, the cooperative agreement will be automatically renewed by the date
specified in HUD's urban county qualification notice for the next qualification
period, and Tarrant County will notify City of North Richland Hills in writing
of its right not to participate; and
WHEREAS, with automatic renewal, Tarrant County and City of North Richland Hills will
be required to adopt and submit to HUD any amendment to the agreement I'
incorporating changes necessary to meet the requirements set forth in an
Urban County Qualification Notice; 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 and City of North Richland Hills will take all actions
necessary to assure compliance under section 104(b) of Title I of the
Housing and Community Development Act of 1974, Title VI of the Civil
Rights Act of 1964 and the Fair Housing Act; and
WHEREAS, Tarrant County will not fund activities in, or in support of City of North
Richland Hills 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 and City of North Richland Hills will comply with section 109 I'
of Title I of the Housing and Community Development Act of 1974, which
incorporates Section 504 of the Rehabilitation Act of 1973, of Title II of the
Americans with Disabilities Act, Age Discrimination Act of 1975, Section 3
of the Housing and Urban Development Act of 1968, and other applicable
laws; and
Resolution No. 2020-024
Page 2 of 5
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, in accordance with 24 CFR 570.501 (b), 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 j
income; and
1
WHEREAS, pursuant to 24 CFR 570.501(b), the City of North Richland Hills is subject
to the same requirements applicable to sub recipients, including the
requirement of a written agreement a described in 24 CFR 570.503; and
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 COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, THAT:
SECTION 1. The City Council hereby finds that the recitals set forth above are true and
correct and are incorporated into this Resolution as if written herein.
SECTION 2. The City Council 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.
Resolution No. 2020-024
Page 3 of 5
SECTION 3. This City Council hereby approves the cooperative agreement which 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 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.
The agreement remains in effect until CDBG, HOME, ESG funds and
income received to the fiscal 2021, 2022, 2023 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 to the agreement 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 the agreement by the City
of North Richland Hills shall be in writing to the Tarrant County Community
Development Division Director.
SECTION 3. This Resolution shall take effect and be in full force and effect from and after
the date of its adoption, and it is so resolved; and all Resolutions of the City
Council of the City in conflict herewith are hereby amended or repealed to
the extent of such conflict.
PASSED AND APPROVED on this 8th day of June, 2020.
CITY 017/'NORTOIC H LAND HILLS
..........
A,
By
Oscar Trevin "Mpyor
ATTEST:
NO
*'��)N4,6
n
r
r
Alicia Richardson, City Secre W
hill
Resolution No.2020-024
Page 4 of 5
APPROVED AS TO FORM AND LEGALITY:
•
aleshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
Kristin J es, Assistant Director of
Neighborhood Services
?RAI
Commissioners Court a County Judge
PASSED AND APPROVED THIS ?WA day ofP(Yt,Q , 2020
Approval Form for District Attorney
Appro d as t or
*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).
Resolution No.2020-024
Page 5 of 5
p((��""'�"°= City Secretary Office
' Official Record Copy
JOINT ADMINISTRATIVE AGREEMENT FOR ADMINISTRATION OF
COMMUNITY DEVELOPMENT BLOCK GRANT
THE STATE OF TEXAS §
COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS
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 2021-2023 program years; and
The CITY OF NORTH RICHLAND HILLS has entered into a cooperative
agreement (auto renewing "Resolution" 21-23) 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 20-03, in the cooperative agreement
(auto renewing "Resolution" 21-23), and in accordance with 24 CFR 570.308.
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 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
City's Community Development Block Grant entitlement program for the Fiscal Years
2021 through 2023.
2. Distribution of CDBG. 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 HUD determines annually as the City's entitlement as
a metropolitan city.
3. Duties of County. 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, 24 CFR 570.501(b), and 24 CFR 570.503.
City Secretary Office
N ' Official Record Copy
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.
TARRANT COUNTY, TEXAS CITY OF NORTH RICHLAND HILLS,
TEXAS
By: �� By:
Glen Whitley, County Judge / Oscar Trevino - ayor
Date: 311.hq, 2, an0 Date: �cc2o tgi 20af7
ATTEST: omvmeu
GH LSO
(, , .
Alicia Richardson, City Sec t tl4-a1
APPROVED AS TO FORM AND
LEGALITY:
Maleshia B. McGinnis, City Attorney
L= 141 Council Action IQ N
Date Approved le-7- 02020
Agenda No. G . / —
Ord/Res No.
er4City Secretary Office
Official Record Copy
Afr. ,77"7
Approved 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).