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Item 4J - Memo Tarrant County ResolutionITEM 4J CITY OF SOUTH LAKE MEMORANDUM June 10, 2020 TO: Southlake City Council FROM: Kenneth Baker, Sr. Director of Planning and Development Services SUBJECT: Resolution No. 20-029, regarding the City of Southlake participation in Tarrant County's Community Development Block Grant, Home Investment Partnership and Emergency Solutions Grant Consortium for the Three Program Year period, Fiscal Year 2021 through Fiscal Year 2023. Action Requested: Approving Resolution No. 20-029, regarding the City of Southlake participation in Tarrant County's Community Development Block Grant, Home Investment Partnership and Emergency Solutions Grant Consortium for the Three Program Year period, Fiscal Year 2021 through Fiscal Year 2023. W, 1,ackground _nformation: In order to receive Community Development Block Grant (CDBG), Home Investment Partnership and Emergency Solutions Grant (ESG) Entitlement funding through 2023, Tarrant County must once again qualify as an Urban County under the GDBG, HOME and ESG. Entitlement counties such as Tarrant County must requalify every three years for funding. Tarrant County is eligible to receive funds by having a combined population of 200,000 or more from unincorporated areas and participating municipalities. The City of Southlake has historically been entirely part of the Tarrant County Consortium and approval of this resolution will allow Southlake to continue to be entirely included in Tarrant County Consortium and excluded from other counties. liam Laro =44 - . Legal Review: This resolution will be reviewed by the City Attorney and was provided directly by the Tarrant County Office of Community Development. City Council June 10, 2020 Page 2 Staff Recommendation: Staff recommends the approval of the resolution to continue to participate in the Tarrant County consortium. Supporting Documentation: Letter • the Mayor dated April 7, 2020 (Attachment A) Resolution 20-029 Attachment B) ITEM 4J City Council June 10, 2020 Page 3 ITEM 4J AMMINISTRATOR's OFFICE CONI-.NIUNITYDEVEI,OPMENTlit VISION Patricia Ward, Director April 7, 2020 Honorable Laura Hill Mayor of City of Southlake 1400 Main St Southlake, TX 76092 RE: Notification to Split Cities on Tarrant County Re -qualification for U.S. Department of Housing and Urban Development (HUD) funds for 2021-2023; Cooperation agreement renewals Dear Mayor: In order to continue to receive Community Development Block Grant (CDBG), HOME investment Partnership and Emergency Solutions Grant (ESOT) Entitlement funding through 2023, , farrant County must once again qualify as an Urban County under the CDBG, HOME and ESG programs. Entitlement counties, such as Tarrant County must re -qualify every three years for funding. Tarrant County is eligible to receive entitlement grant funds by having a combined population of 200,000 or more from unincorporated areas and participating municipalities. By April 17, 2020, Tarrant County must notify units of general local government (participating municipalities) the option to be excluded from the urban county or remain in the consortium. 0 Any included unit of general local government that elects to be excluded from the Tarrant County urban county consortium and intends to terminate the existing agreement at the end of the current qualification period, must notify the County and HUD in writing that it elects to be excluded by May 15, 2020. Please contact us for address information. F-1 If the City chooses to remain in the consortium, please sign and return all 5 original Cooperation Agreements, to Tarrant County by .lune 19, 2020. After review of CPD Notice 20-3 by the Tarrant County District Attorney's office, new language has prompted the need for a new agreement with more robust automatic renewal language. One original signed agreement will be returned to you upon completion. 1509D South University Drive, Suite 276, Fort Worth, Tx 761(7, 817/850-7944), Fax 8171850-7944 City Council June 10, 2020 Page 4 Additionally, Tarrant County must notify split cities of their options for exclusion from or participation in the Urban County. The City of Southlake is considered a split city that is partially located within Tarrant County and Denton County, As Tarrant and Denton Counties are both considered. "Urban Counties" by HUD, Tarrant County must inform the City of the following notification found in CPD -20-03, Section HE paragraph D.2; Where the split place is partially located within two or more urban Counties, the split place may elect one of the following: a, to be excluded from all urban counties, or b. to remain unchanged and continue to be entirely included in Tarrant county and excluded from all other counties; or c. to participate as a part of more than one of the urban counties in which it is partially located provided that a single portion of the split place cannot be included in more than one entitled urban county at a time, and all parts of the split place are included in one of the urban counties. Participating municipalities are also reminded that they are not eligible to apply for grams under the State CDBG program while they are part of the urban county, and that, in becoming a part of the urban county; they automatically participate in the HOME and ESG program as Tarrant County receives both HOME and ESG funding. This does not preclude Tarrant County or your city from applying to the state for HOME or ESG funds, if the State of Texas allows. State CDBG program is managed by NCTCOG for the 16 county region where applications for state funds are released every two years and are limited to specific priority projects and applicants may only be funded every 5 years, W t e appreciate the continued collaboration with each city, lf,,you have further questions or concerns regarding this notice, please contact me or S an An, Community Development Planner, at. 817-850-7940. Sip ly, il Patricia Ward Director cc: Honorable B. Glen Whitley, Tarrant County Judge ITEM 4J City Council ITEM 4J June 10, 2020 Page 5 ATTACHMENT B — Resolution 20-029 RESOLUTION # RESOLUTION REGARDING CITY OF SOUTHLAKE PARTICIPATION IN TARRANT COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIP AND EMERGENCY SOLUTIONS GRANT CONSORTIUM FOR THE THREE PROGRAM YEAR PERIOD, FISCAL YEAR 2021 THROUGH FISCAL YEAR 2023. WHEREAS, Title I of the Housing and Community Act of 1974, as amended through the Housing and Community Act of 1492, 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), HOME Investment Partnership (HOME) and Emergency Solutions Grant (FSG) 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 111, 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 may 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 Southlake shall not participate in a HOME consortium except through Tarrant County, however, does not preclude Tarrant County or the City of Southlake from applying to the State for HOME.. Investment Partnership (HOME) funds, if the State allows, and WHEREAS, City of Southlake may receive Emergency Solutions Grant (ESG) programming through Tarrant County; however, does not preclude Tarrant County or the City of Southlake from applying to the State for Emergency Solutions Grant (ESG) funds, if the State allows, and City Council ITEM 4J June 10, 2020 Page 6 WHEREAS, through cooperative agreements Tarrant County has authority to carry out activities funded from annual Community Development Block Grant (CDBG), HOME Investment Partnership (HOME) and Emergency Solutions Grant (ESG) Program Allocation from Federal Fiscal Years 2021, 2022, and 2023, from any program income generated from the expenditure of such funds and any successive qualification periods trader automatic renewal, and WHEREAS, this cooperative agreement covers Federal Fiscal Years 2021, 2022, and 2023, it will automatically be renewed for participation in successive three-year qualification periods, unless the County or the City of Southlake informs HUD with written notice to elect to not participate in a new qualification period, and WHEREAS, the cooperative agreement will be automatically renewed by the date specified in HUD's urban county qualification notice for the next qualification period, Tarrant County will notify City of Southlake in writing of its right not to participate, and WHEREAS, with automatic renewal, Tarrant County and City of Southlake will be required to adopt and submit to HUD any amendment to the agreement incorporating changes necessary to meet the requirements set forth in an Urban County Qualification Notice, and WHEREAS, Tarrant County and the City of Southlake agree to cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, and WHEREAS, Tarrant County and City of Southlake will take all actions necessary to assure compliance under section 104(b) of Title I of the Housing and Cornmunity Development Act of 1974, Title VI of the Civil Rights Act of 1964 and the Fair Housing Act, and WHEREAS, Tarrant County will not fund activities in, or in ,support of City of Southlake that does not affirmatively further fair housing within its own jurisdiction or that impedes the county's actions to comply with the county's fair housing certification, and WHEREAS, Tarrant County and City of Southlake will comply with section 109 of Title I of the Housing and Community Development Act of 1974, which incorporates Section 504 of the Rehabilitation Act of 1973, of Title Il of the Americans with Disabilities Act, Age Discrimination Act of 1975, Section 3 of the Housing and Urban Development Act of 1968, and other applicable laws, 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 demonstrations and WHEREAS, the City of Southlake has adopted and is enforcing a policy of enforcing applicable State and local laws against physically barring entrance to or exit from City Council ITEM 4J June 10, 2020 Page 7 a facility or location which is the subject of such non-violent civil rights demonstrations within jurisdictions, and WHEREAS, in accordance with 24 CFR 570,501(b), Tarrant Bounty is responsible for ensuring that CDBG, HOME and ESG 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 WHEREAS, pursuant to 24 CFR 570,501(b), the City of Southlake is subject to the same requirements applicable to sub recipients, including the requirement of written agreement a described in 24 CFR 570.503, and WHEREAS, Tarrant County and. City of Southlake may not sell, trade, or otherwise transfer all or any portion of such funds to another such metropolitan city, urban county, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits or non -Federal considerations, but must use such funds for activities eligible under title I of the Act in the Transportation, Housing and Urban Development, and Related Agencies appropriations Act, 2014, Pub. L. 113-76, NOW, THEREFORE, BE IT RESOLVED, by the City of Southlake, that the City Council of Southlake, 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 Lawn 101-625, and authorizes. the Mayor of Southlake, 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 Somblake, Texas understands that Tarrant County will have final responsibility for selecting projects and filing annual grant requests. BE IT FURTHER RESOLVED, this cooperative 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 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 Southlake, and submitted to HUD. Failure by either party to adapt such an amendment to the agreement will void the automatic renewal of this agreement.. `Phis agreement remains in effect until CDBG, HOME, ESG funds and income received to the fiscal 2021, 2022, 2023 programs, and to any successive qualification periods provided City Council June 10, 2020 Page 8 through the automatic renewal of this agreement, are expended and the funded activities completed, neither Tarrant County nor 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 Seerctary of the City of Southlake. 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 Director. ATTEST: CITY SECRETARY PASSED AND APPROVED THIS Commissioners Court Clerk PASSED AND APPROVED THIS Approval Form for District Attorney APPROVED: MAYOR day of County Judge day of .12020 ITEM 4J City Council ITEM 4J June 10, 2020 Page 9 Approved as to Foran* *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).