HomeMy WebLinkAboutResolution 1996-043
RESOLUTION 96-43
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 1997 THROUGH
FISCAL YEAR 1999, 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 as 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 Tarrant County
receives a HOME formula allocation, and
WHEREAS, through cooperative agreements Tarrant County has authority to
carry activities funded from annual Community Development Block Grant (CDBG) and
HOME Program Allocation from Federal Fiscal Years 1997, 1998, and 1999
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 lower 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 demonstration,
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 Community Development Act of
1974, and other applicable laws, and
WHEREAS, prior to disbursing any CDBG or HOME Program funds to a
sub recipient, Tarrant County shall sign a written agreement with such sub recipient and
City is not sub recipient, 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, and program income that is on hand
or received subsequent to the close-out of change in status shall be paid 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
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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 funding of Housing and Community Development Act
of 1974, as amended, and the 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.
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This agreement remains in effect until CDBG, HOME funds, and income received to the
fiscal 1997, 1998, 1999 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.
PASSED AND APPROVED THIS
day of
, 1996
ATTEST:
APPROVED:
CITY SECRETARY
TOMMY BROWN, MAYOR
TOM VANDERGRIFF, JUDGE
COMMISIONERS COURT CLERK
APPROVED AS TO FORM AND LEGALITY:
ATTORNEY FOR THE CITY
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