HomeMy Public PortalAboutResolution No. 112-99 06-22-1999 RESOLUTION # 11 -99 _
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RESOLUTION REGARDING CITY OF Richland Hills PARTICIPATION IN
TARRANT COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR TAE
THREE PROGRAM YEAR PERIOD, FISCAL YEAR 2000 THROUGH FISCAL YEAR
2002.
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, C00
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 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 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,
• and
WHEREAS, Tarrant County and the City of Richland Hills agree
to cooperate to undertake, or ass;st 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 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 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 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 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,
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 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 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 prior to or subsequent to the close-out, change of status or
termination of the cooperation agreement between county and the
City of Richland Hills;
NOW, THEREFORE, BE IT RESOLVED, by the City of Richland Hills,
that the City Council of Richland Hills, Texas 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 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 Richland Hills, Texas understands that
Tarrant County will have final responsibility for selecting
projects and 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 Richland Hills
provides written notice it elects not to participate in a new
qualification period. Tarrant County will notify the City of
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 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 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 Richland Hills. Any notice of changes or amendments to this
agreement by the City of Richland Hills to Tarrant County shall be
in writing to the Tarrant County Community Development Division
Director.
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PASSED AND APP,f2D~~~TH~IS~~~2nd day of June 1999
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CITY SECRETARY MAYOR
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Comma s s (J~/~
Approval For o Distr' orney
Appro d 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).
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