1993-035RESOLUTION # 93-35
RESOLUTION REGARDING CITY OF South Lake 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 blodk 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 a 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 SOUTHLAKE 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 9nTTTT4T,AK'P 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,
undertaking,
activities,
housing, and.
Tarrant County and the City of SOUTHLAKE
agree to cooperate to undertake, or assist in
community renewal and lower income housing assistance
specifically urban renewal and publicly assisted
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 SOUTHLAKE 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 demonstration, and
WHEREAS, the City of SOUTHLAKF 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
WHERE -IIS! Tarrant County and the City of SOTTTTTT AKF
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 1954, and
Title VIII of the Civil Rights Act of 1958, 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 SOTJTHLAKF 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 SOUTHLAKE 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 SOUTHLAKE 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
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, charge of status or
termination of the cooperation agreement between county and the
City of SOUTHLAKE
NOW, THEREFORE, BE Ii' RESOLVED, by the City of SOUTHLAKE
that the City Council of
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 wits 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 SOUTHLAKE
Tel:as 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
SOUTHLAKE , Texas understands that Tarrant County will have
final responsibility for :,electing projects and filing annual grant
requests.
BE IT FURTHER RESOLVED, th-is agreement will automatically be
renewed for participation in successive three-year qualification
periods, unless Tarrant County or the City of SOUTHLAKE
provides written notice it elects not to participate in
a new qualification period. Tarrant County will notify the City of
SOUTHLAKE in writing of its right to make to such
election on the date specified by the U.S. Department of Housing
and Urban in HUD's urban county qualification notice for the next
qualification period. Any amendments or changes contained within
the Urban County qualification N{:)t--ce applicable for a subsequent
three-year urban county qualification period must be adopted by
Tarrant County and the City of SOUTHLAKE 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 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 SOUTHLAKE
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 __SOTTTHT,A&E Any notice of changes or amendments to
this agreement by the City of SOUTHLAKE to Tarrant
County shall be in writing to the Tarrant County Community
Development Division Manager.
PASSED AND APPROVED THIS 4TH day of MAY 1993
A EST: APPROVED:
CITY SECRETARYAYOR, G TCKES
Commissioners' Court Clerk County Judge