HomeMy WebLinkAboutRES 2008-021 RESOLUTION NO. 2008-21
A RESOLUTION REGARDING CITY OF GRAPEVINE
PARTICIPATION IN TARRANT COUNTY'S COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM FOR THE
THREE PROGRAM YEAR PERIOD, FISCAL YEAR 2009
THROUGH FISCAL YEAR 2011, AND PROVIDING AN
EFFECTIVE DATE
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) 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 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 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 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 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 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 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
CDBG 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, 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, sub recipients, or
contracts does not relieve Tarrant County of this responsibility. Tarrant County is also
responsible for determining the adequacy of performance under sub recipient
RES. NO. 2008-21 2
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 sub recipients,
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 sub
recipient 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS:
Section 1. That the City Council of the City 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 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 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
RES. NO. 2008-21 3
t 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 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
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 23rd day of June, 2008.
APPROVED:
William D. Tate
Mayor
ATTEST:
Linda ff ir 41-
City Secretary
APPROVED AS TO FORM:
Michael Kallas
Assistant City Attorney
RES. NO. 2008-21 4
Commissioners Court Clerk County Judge
.1*att
Approval Form for District Attorney
/ I, /
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. 2008-21 5