HomeMy Public PortalAboutResolution No. 322-08 05-27-2008 ~
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RESOLUTION # ~ ~ ~0
RESOLUTION REGARDING CITY OF RICHLAND HILLS PARTICIPATION
IN TARRANT COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM FOR THE THREE PROGRAM YEAR PERIOD, FISCAL YEAR
2009 THROUGH FISCAL YEAR 2011.
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 Richland Hills shall 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 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 2009, 2010, and 2011
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 assist in undertaking, community renewal and lower income housing
assistance activities, and
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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, in accordance with 24 CFR 570.501(b), Tarrant County, as the
recipient is responsible for ensuring that CDBG funds are used in accordance with all
program requirements. The use of designated public agencies, subrecipients, or contracts
does not relieve Tarrant County of this responsibility. Tarrant County is also responsible
for determining the adequacy of performance under subrecipient agreements and
procurement contracts, and for taking appropriate action when performance problems
arise, such as the actions described in §570.910. Where a city is participating with, or as
part of Tarrant County Urban County, as a participating unit, or as part of a metropolitan
city, the County is responsible for applying to the unit of general local government the
same requirements as are applicable to subrecipients, except that the five-year period
identified under §570.503 (b) (8) (i) shall begin with the date that the unit of general local
government is no longer considered by HUD to be a part of the metropolitan city or urban
county, as applicable, instead of the date the subrecipient agreement expires.
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 2009, 2010, 2011 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.
PASSED AND APPROVED THIS ~1~~, day of , 2008
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ATTEST: APPROVED: -m
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C Y SECRETARY YOR '",nnnnu~~~~`
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Commissioners Court Clerk County Judge
Approval Form for 'strict A
Appr e 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).