Loading...
HomeMy WebLinkAboutItem 12 - CDBG ����� � ��u n.�2 MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL � FROM: BRUNO RUMBELOW, CITY MANAGER �`� MEETING DATE: JUNE 23, 2008 SUBJECT: RESOLUTION SUPPORTING CITY OF GRAPEVINE PARTICIPATION IN THE TARRANT COUNTY'S COMMUNITRY DEVELOPMENT BLOCK GRANT PROGRAM, FISCAL YEARS 2009 THROUGH 2O11 RECOMMENDATION: City Council consider adopting a resolution supporting the City of Grapevine's participation in Tarrant County's Community Development Block Grant (CDBG) Program for the next three program years (2009 through 2011) and take any necessary action. BACKGROUND: The City of Grapevine has participated in the Tarrant County's Gommunity Development Block Grant (CDBG) program for the past several years. The CDBG program provides grant money to the City of Grapevine to help construct improvements in Target Areas, within the City, considered to be low-income by the US census data. In the past several years, the City of Grapevine has used CDBG money to reconstruct several streets, water lines and sewer lines within the CDBG Target Areas. Staff recommends approval. jsl � RESOLUTION # RESOLUTION REGARDING CITY OF GRAPEVINE PARTICIPATION IN TARRANT COUNTY'S CONIMUNITY DEVELOPNIENT BLOCK GRANT PROGRANI FOR THE THREE PROGRANI YEAR PERIOD, FISCAL YEAR 2009 THROUGH FISCAL YEAR 20ll. 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 �VHEREAS, Tarrant Cotmty 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�vhich 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 `VHEREAS, 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 `VHEREAS, through cooperative agreements Tarrant County has authority to carry out activities funded from annual Commtmity Development Block Grant (CDBG) and HOME Pro�ram Allocation from Federal Fiscal Years 2009, 2010, and 2011 appropriations and from any program income generated from the expenditure of such fiinds, and `VHEREAS, 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 `VHEREAS, Tarrant County will not fiind activities in support of any cooperatin� unit of �eneral 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 certiftcation, 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 `VHEREAS, 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 �vith the Urban County's certification required by section 104 (b) of Title I of the Housing and Community Development Act of 1974, as amended, includin� Title VI of the Civil Ri�hts Act of 1964, and Title VIII of the Civil Ri�hts 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 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 Commtmity 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, 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 responsible for determinin� 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 5570.910. 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 tmit 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 ` �ovemment 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. `VHEREAS, 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 fiinds) 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 of GRAPEVINE, that the City Council of GR.APEVINE, Texas supports the application of Tarrant County for funding from Housing and Commlmity 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. 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 a�reement will void the automatic renewal of this agreement. This a�reement remains in effect until CDBG, HOME fiinds, 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 fiinded 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 cotmty 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 day of , 2008 ATTEST: APPROVED: CITY SECRETARY MAYOR ���. 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).