Loading...
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).