HomeMy WebLinkAboutResolution 1999-045
RESOLUTION #
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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 PROGRAM FOR THE THREE PROGRAM
YEAR PERIOD, FISCAL YEAR 2000 THROUGH FISCAL YEAR 2002, SUBJECT TO
THE JOINT ADMINISTRATIVE AGREEMENT ATTACHED (ATTACHMENT "A").
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 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, 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, 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) and HOME Program Allocation from
Federal Fiscal Years 2000, 2001, and 2002 appropriations and from
any program income generated from the expenditure of such funds
subject to the Joint Cooperative Agreement attached (attachment
" A "), 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,
specifically urban renewal and publicly assisted housing, 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 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 or HOME 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 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
Community Development Block Grant and HOME Program requirements, on
behalf of the City, 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 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
property will be treated as program income and returned to the
county for use by the City of North Richland Hills 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, A
Department of Housing and Urban Development (HUD) metropolitan city
designated as a direct entitlement city, 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 and County understand that this resolution is subject to the
Joint Administrative Agreement attached (attachment "A"). The City
of North Richland Hills, Texas understands that Tarrant County will
have final legal responsibility for administration of projects and
for 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 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 funds, and income
received to the fiscal 2000, 2001, 2002 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.
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"",' ~ AND APPROVED THISr:7)q" fVéiay of / '4tt.Æ
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Approval Form
torney
*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) .
, .
JOINT ADMINISTRATIVE AGREEMENT FOR ADMINISTRATION OF
COMMUNITY DEVELOPMENT BLOCK GRANT ENTITLEMENT PROGRAM
COUNTY OF TARRANT
§
§
§
KNOW ALL MEN BY THESE PRESENTS
THE STATE OF TEXAS
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 2002 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 ofTenn of Services. The City of North Richland Hills hereby employs the County
through this Joint Administrative Agreement to administer all activities and requirements offederal,
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 entitlement program for the Fiscal Years 2000 through 2002.
2. Distribution ofCDBG 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 HUD detennines 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.
4. Duties of the City. The City will approve all City CDBG entitlement program funding
decisions. The City will detennine specific programs, projects, or any other uses to the extent
pennitted and consistent with HUD eligible activities.
5. Fee for Services. The County shall be paid an annual fee based upon FOURTEEN
PERCENT (14%) of the total City CDBG entitlement program funding.
6. City 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
IllLLS and TARRANT COUNTY by its duly authorized officials.
CITY OF NORTH RICHLAND HILLS
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TARRANT COUNTY, TEXAS
7
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