HomeMy WebLinkAboutRES 2014-049RESOLUTION # 2014-49
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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 (CDBG), HOME Investment Partnership
(HOME) and Emergency Solutions Grant (ESG) 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 Grapevine 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 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 Community Development Block Grant (CDBG),
HOME Investment Partnership (HOME) and Emergency Solutions Grant (ESG) Program
Allocation from Federal Fiscal Years 2015, 2016, and 2017 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 lower income housing
assistance activities, and
WHEREAS, Tarrant County will not fund activities in, or in support of, any
cooperating unit of general local government that does not affirmatively further fair
housing within its own jurisdiction or that impedes the county's actions to comply with
the county's fair housing certification, and
WHEREAS, Tarrant County will not fund activities in support of City of
Grapevine that does not comply with section 109 of Title I of the Housing and
Community Development Act of 1974, which incorporates Section 504 of the
Rehabilitation Act of 1973 and the Age Discrimination Act of 1975, and other applicable
laws, 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 Community Development Act of 1974, and
other applicable laws, and
WHEREAS, prior to disbursing any CDBG, HOME and ESG Program funds to a
subrecipient, Tarrant County shall sign a written agreement with such subrecipient, and
WHEREAS, the City of Grapevine 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,
HOME and ESG Program requirements, and
WHEREAS, in accordance with 24 CFR 570.501(b), Tarrant County is
responsible for ensuring that CDBG, HOME and ESG 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 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
RES. NO. 2014-49 2
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 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 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;
WHEREAS, Tarrant County and City of Grapevine may not sell, trade, or
otherwise transfer all or any portion of such funds to another such metropolitan city,
urban county, unit of general local government, or Indian tribe, or insular area that
directly or indirectly receives CDBG funds in exchange for any other funds, credits or
non -Federal considerations, but must use such funds for activities eligible under title I of
the Act in the Transportation, Housing and Urban Development, and Related Agencies
Appropriations Act, 2014, Pub. L. 113-76.
NOW, THEREFORE, BE IT RESOLVED, by the City of Grapevine, that the
City Council of Grapevine, 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 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
RES. NO. 2014-49 3
further that the City of Grapevine, 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 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 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 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.
This agreement remains in effect until CDBG, HOME, ESG funds and income received
to the fiscal 2015, 2016, 2017 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 Grapevine 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 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.
PASSED AND APPROVED THIS 174A day of Jtcklle _, 2014
ATTEST:
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FECRETARY
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Commissioners Court Clerk County Judge
RES. N0. 2014-49 4
Approval Form DistrictAtm y
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. 2014-49