HomeMy WebLinkAboutRES 1993-018 ��
RESOLUTION NO. 93-18
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
� GRAPEVINE, TEXAS REGARDING CITY OF GRAPEVINE
PARTICIPATION IN TARRANT COUNTY'S COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM FOR THE
THREE PROGRAM YEAR PERIOD, FISCAL YEAR 1994
THROUGH FISCAL YEAR 1996
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
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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 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 Grapevine 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 Grapevine shall not participate in a HOME consortium
except through Tarrant County, regardless of whether Tarrant County receives a
HOME formula allocation; and
WHEREAS, through cooperative agreements, Tarrant County has authority to
,,�., carry activities funded from annual Community Development Block Grant (CDBG) and
HOME Program Allocation from Federal Fiscal Years 1994, 1995 and 1996
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, specifically urban renewal and publicly assisted housing; 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 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 its jurisdiction; and
WHEREAS, Tarrant County and the City of Grapevine shall take all actions
necessary to assure compliance with the Urban County's certification �equired 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 III 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 sub-
recipient, Tarrant County shall sign a written agreement with such sub-recipient; 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 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 Grapevine, and program income that is on hand or
received subsequent to the close-out of change in status shall be paid the County; and
WHEREAS, the City of Grapevine agrees to notify Tarrant County if 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 soid 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;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVtNE, TEXAS
Section 1 . That the City Council of the City of Grapevine Texas supports the
application of Tarrant County funding of 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 further that the City of
„�. Grapevine, Texas understands that Tarrant County will have final responsibility for
selecting projects and filing annual grant requests.
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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 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 will void the automatic renewal
of this agreement.
Section 3. That this agreement remain in effect until CDBG, HOME funds and
income received to the fiscal 1994, 1995 and 1996 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 or the City of
Grapevine may terminate or withdraw from the agreement while the agreement
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remains in effect.
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�""""' Section 4. That officiai notice of amendments or changes appiicable 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, Texas. 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 Manager.
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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 4th day of May , 1993.
APPROVED:
William D. Tate
Mayor
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ATTEST:
.� .,,
Lin a Huff
City Secretary
APPROVED AS TO FORM:
John F. Boyle, Jr. `
City Attorney
. APPROVcD:
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