HomeMy WebLinkAboutResolution 2005-039
RESOLUTION 2005-039
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 AND HOME INVESTMENT PARTNERSHIP
PROGRAM FOR THE THREE PROGRAM YEAR PERIOD, FISCAL YEAR 2006 THROUGH
FISCAL YEAR 2008, SUBJECT TO THE JOINT ADMINISTRATIVE AGREEMENT ATTACHED
(ATTACHMENT "A").
WHEREAS, Title I of the Housing and Community Development Act of 1974, as amended
through the Housing and Community Development 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 environments 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 low income and very 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
incorporated 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 CDBG and HOME Program Allocations from Federal Fiscal Years 2006,
2007, 2008 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 low income housing assistance activities,
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
Resolution No, 2005-039
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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 and 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 CDBG and HOME Program
requirements, 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 the 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 ofnon-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 the 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;
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
the Housing and Community Development Act of 1974, as amended, and asks that its population be
included for three successive years with that of Tarrant County, Texas to carry out 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. 2005-039
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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 such an election on
the date specified by the U.S. Department of Housing and Urban Development (HUD) in their urban
county qualification notice for the next qualification period. Any amendments or changes contained
within the urban county qualification notice applicable to 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 years
2006, 2007, and 2008 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 9th day of May, 2005.
APPROVED:
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APPROVED AS TO FORM AND LEGALITY:
Resolution No. 2005-039
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ATTACHMENT "A"
RESOLUTION No. 2005-039
JOINT ADMINISTRATIVE AGREEMENT FOR ADMINISTRATION OF
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THE STATE OF TEXAS
§
§
§
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 2005 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 of Term of Services. The City of North Richland Hills hereby employs the
County through this Joint Administrative Agreement to administer 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 metropolitan city designation and
related Community Development Block Grant entitlement program for the Fiscal Years 2005
through 2007.
2. Distribution of CDBG 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 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, and 24 CFR 92.500.
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. Fee for Services. The County shall be paid an annual fee based upon FOURTEEN
PERCENT (14%) of the total City CDBG entitlement program.
6. Citv 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 HILLS and TARRANT COUNTY by its duly authorized officials.
CITY OF NORTH RICHLAND HILLS
MAYOR
DATE:
TARRANT COUNTY, TEXAS
TOM VANDERGRIFF, JUDGE
DATE: