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
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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.
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R:�AGENDA\09-02-08\CDBG&HOME Program.doc
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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:
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ATTEST:
APPROVED AS TO FORM:
RES. NO. 4
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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
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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 ��
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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:
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RES. NO. 3
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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