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HomeMy WebLinkAboutItem 02 - CDBG ���� � Y�� � - MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER �Z MEETING DATE: SEPTEMBER 2, 2008 SUBJECT: RESOLUTIONS — CDBG PROGRAM AND HOME PROGRAM WITH TARRANT COUNTY RECOMMENDATION: City Council consider adopting: • A Resolution forming a Joint Administrative Agreement between the City of Grapevine and Tarrant County for administration of the Community Development Block Grant program for the three year program period of FY 09, FY 10 & FY 11; • A Resolution forming a HOME Consortium between the City of Grapevine and Tarrant County for participation in Tarrant County's Home Investment Partnership Program for the three year program period of FY 09, FY 10 & FY 11; and � authorize the Mayor to execute agreements with Tarrant County for the two programs, and take any necessary action. BACKGROUND: On June 23, 20G8, City Council adopted a resolution supporting the City's continued participation in Tarrant County's Urban County CDBG and HOME programs for FY09— 11. Subsequent to that action, the City has been advised by HUD in early August that we now qualify for a "Metropolitan City" designation which is anticipated to provide us an increase in our funding level when compared to our participation with Tarrant County's Urban County program. Tarrant County will continue to provide all administrative services for these two programs as were provided under the Urban County program. The only tangible difference is the anticipated increase in funding for the City in FY09-11. Staff recommends approval. � R:�AGENDA\09-02-08\CDBG&HOME Program.doc �� � � RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, FORMING A JOINT ADMINSITRATIVE AGREEMENT BETWEEN THE CITY OF GRAPEVINE, A DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) METROPOLITAN CITY DESIGNATED AS A DIRECT ENTITLEMENT CITY, AND TARRANT COUNTY FOR ADMINISTRATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR THE THREE PROGRAM YEAR PERIOD, FISCAL YEAR 2009 THROUGH 2O11, SUBJECT TO THE JOINT ADMINISTRATIVE AGREEMENT ATTACHED AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Congress of the United States of America has authorized under Title 1 of the Housing and Community Development Act of 1974, Public Law 93-383, as amended; 42 U.S.C. Sec 5301, 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, the U.S. Department of Housing and Urban Development in 24 CFR 570.308, allows any urban county and any metropolitan city located, in whole or in part, within that county to submit a joint request to HUD to approve the inclusion of the metropolitan city as a part of the urban county for purposes of planning and implementing a joint community development and housing program; and WNEREAS, 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, Tarrant County has been designated an "Urban County" and the City of Grapevine has accepted a designation of "metropolitan city" by the Department of Housing and Urban Development to receive direct entitlement of Community Development Block Grants (CDBG); 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, Article III, Section 64 of the Texas Constitution authorizes Texas r,:,r„ counties to enter into cooperative agreements with local governments to consolidate governmental functions; and WHEREAS, through cooperative agreements Tarrant County has authority to carry out activities funded from annual CDBG Program Allocations from Federal Fiscal Years 2009, 2010, 2011 appropriations and from any program income generated from the expenditure of such funds; and WHEREAS, Tarrant County and the City of Grapevine agree to cooperate to undertake, or assist in undertaking, community renewal and low income housing assistance activities; and WHEREAS, the City of Grapevine 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 Grapevine 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 Grapevine 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 V'JHEREAS, the City of Grapevine agrees to inform the County ofi 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 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 Grapevine, 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 ��° RES. NO. 2 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; and WHEREAS, the City of Grapevine, 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 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 Grapevine; - NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS; Section 1. That the City Council of Grapevine, Texas supports the application of Tarrant County for funding from the Housing and Community Development Act of 1974, as amended, and asks that its popufation 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 Grapevine, 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 Grapevine, Texas understands that Tarrant County will have final responsibility for setecting projects and filing annual grant requests. Section 2. That this agreement will automatically be renewed for participation in successive three-year qualification periods, unless Tarrant County or the City of Grapevine provides written notice it elects not to participate in a new qualification period. Tarrant County will notify the City of Grapevine 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 Grapevine, and submitted to HUD. RES. NO. 3 Failure by either party to adopt such an amendment to the agreement will void the automatic renewal of this agreement. Section 3. That this agreement remains in effect until CDBG funds, and income received to the Fiscal Years 2009, 2010, and 2011 programs, and to any successive qualification periods provided through the automatic renewal of this agreement, are expended and the funded activities completed, and neither Tarrant County nor the City of Grapevine may terminate or withdraw from the agreement while the agreement remains in effect. Section 4. That 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 Grapevine. Any notice of changes or amendments to this agreement by the City of Grapevine to Tarrant County shall be in writing to the Tarrant County Community Development Division Director. Section 5. That this resolution shall take place from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 2nd day of September, 2008. APPROVED: n,.:,� ATTEST: APPROVED AS TO FORM: RES. NO. 4 _ _ _ _ ���.��� ��. µ.�...,,..a���:�� COMMISSIONERS COURT CLERK COUNTY JUDGE Approvai Form for District Attorney Approved 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). RES. NO. 5 � i ;��,.���1 � RESOLUTION NO. ,.�,,. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, FORMING A HOME CONSORTIUM BETWEEN THE CITY OF GRAPEVINE, A DESIGNATED DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) METROPOLITAN CITY, AND TARRANT COUNTY FOR PARTICIPATION IN TARRANT COUNTY'S HOME INVESTMENT PARTNERSHIP PROGRAM FOR THE THREE PROGRAM YEAR PERIOD, FISCAL YEAR 2009 THROUGH 2O11, SUBJECT TO THE JOINT GRANT AGREEMENT ATTACHED (ATTACHMENT "A") AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Congress of the United States of America has enacted the HOME Investment Partnerships Act, Title II of the Cranston-Gonzalez National Affordable Housing Act, 42 U.S.C. Sec 12701, as amended; and WHEREAS, the U.S. Department of Housing and Urban Development in 24 CFR 92, allows units of general local government to enter into mutual cooperation agreements to form a HOME program consortium for the purpose of obtaining funding as a participating jurisdiction under the HOME Investment Partnership Program; and WHEREAS, Tarrant County has been designated an "Urban County" by the Department of Housing and Urban Development entitled to a formula share HOME Investment Partnership 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 Grapevine shall not apply for grants under the State HOME Program from appropriations for fiscal years during the period in which it is participating in Tarrant County's HOME program; and WHEREAS, the City of Grapevine 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 HOME Program Allocations from Federal Fiscal Years 2009, 2010, 2011 appropriations and from any program income generated from the expenditure of such funds; and �� _ . �-� �.�,�.�..�,��.�.., .�� _ ��,.� .�.0 , .. ,..�,��:.. WHEREAS, Tarrant County and the City of Grapevine agree to cooperate to undertake, or assist in undertaking, program activities to expand the supply of decent, safe, sanitary and affordable housing for low income and very low income American; and WHEREAS, Tarrant County has authorized the Tarrant County Community Development Division to act in a representative capacity as the lead entity for all members of the consortium for the purposes of administering the HOME program, assuming overall responsibility for ensuring the consortium's HOME program is carried out in compliance with the requirements of the HOME program and the Consolidated Plan; 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, in accordance with 24 CFR Part 91 and 92, Tarrant County is responsible for ensuring that HOME 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 Grapevine, any program income that is on hand or received subsequent to the close-out of change in status shall be paid to the County; `�'��y and WHEREAS, the City of Grapevine, 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 vaiue (less any portion thereof attributable to expenditure of non-HOME funds) of property acquired or improved with HOME funds that is sold or transferred for a use which does not qualify under the HOME 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 Grapevine. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the City Council of Grapevine, 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 RES. NO. 2 Housing activities under Public Law 101-625, and authorizes the Mayor of Grapevine, � 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 Grapevine, Texas understands that Tarrant County will have final responsibility for selecting projects and filing annual grant requests. Section 2. That this agreement will automatically be renewed for participation in successive three-year qualification periods, unless Tarrant County or the City of Grapevine provides written notice it elects not to participate in a new qualification period. Tarrant County will notify the City of Grapevine 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 Grapevine, and submitted to HUD. Failure by either party to adopt such an amendment to the agreement will void the automatic renewal of this agreement. Section 3. That this agreement remains in effect until HOME funds, and income received to the Fiscal Years 2009, 2010, and 2011 programs, and to any successive qualification periods provided through the automatic renewal of this agreement, are expended and the funded activities completed, and neither Tarrant County nor the City of Grapevine may terminate or withdraw from the agreement while the agreement remains in effect. Section 4. That 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 Grapevine. Any notice of changes or amendments to this agreement by the City of Grapevine to Tarrant County shall be in writing to the Tarrant County Community Development Division Director. Section 5. That this resolution shall take effect from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 2nd day of September, 2008. APPROVED: � RES. NO. 3 ��.,� ,�.»��«��.�. �.��. ,�� . .� �.��...��. y_ m.� ,� ... ATTEST: APPROVED AS TO FORM: COMMISSIONERS COURT CLERK COUNTY JUDGE Approval Form for District Attorney Approved 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). RES. NO. 4