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).