Item 4J memoCITY OF
SOUTHLAK-
MEMORANDUM
July 30, 2014
To: Shana K. Yelverton, City Manager
From: Ken Baker, Senior Director of Planning and Development Services
Subject: Resolution No. 14-034 — Participation in the Tarrant County consortium for
the Community Development Block Grant (CDBG) HOME Investment
Partnership (HOME) and Emergency Solutions Grant (ESG) Entitlement
funding through 2017
Action Requested: Approve Resolution No. 14-034, a resolution to continue to participate in the
Tarrant County consortium for the Community Development Block Grant
(CDBG) HOME Investment Partnership (HOME) and Emergency Solutions
Grant (ESG) Entitlement funding programs through 2017.
Background
Information: Tarrant County is eligible to receive U.S. Department of Housing and Urban
Development (HUD) entitlement grant funds by having a combined population
of 200,000 or more from unincorporated areas and participating municipalities.
Tarrant County however must qualify once again as an Urban County, as
defined by the Community Development Block Grant (CDBG), HOME
Investment Partnership (HOME) and Emergency Solutions Grant (ESG)
programs, by meeting the criteria mentioned previously. Entitlement counties
must re -qualify every three years to maintain funding status. Although not
necessarily seeking funding from these programs, the City of Southlake has
historically been a part of the Tarrant County consortium in order to assist
Tarrant County in qualifying for the entitlement funding. In order to ensure
Tarrant County's eligibility for the programs, a resolution agreeing to continue
participation in the consortium needs to be passed by the City.
Participating Municipalities in the Tarrant County Consortium (2012-2014):
City of Azle
City of Haltom City
City of Richland Hills
City of Bedford
City of Haslet
City of River Oaks
City of Blue Mound
City of Hurst
City of Saginaw
City of Burleson
City of Keller
City of Sansom Park
City of Crowley
City of Kennedal
City of Southlake
City of Dalworthington
Gardens
Town of Lakeside
City of Watauga
City of Euless
City of Lake Worth
Town of Westworth
Village
City of Everman
City of Mansfield
City of White Settlement
City of Forest Hill
City of North Richland
Hills
City of Grapevine
Town of Pantego
Financial
Consideration: N/A
City Council Meeting
Meeting Date — August 5, 2014
Page 2 of 6
Strategic Link: Partnerships & Volunteerism
Legal Review: This resolution will be reviewed by the City Attorney and has been forwarded to
the City of Southlake by the Tarrant County Commissioners Court
Administrators Office.
Staff
Recommendation: Staff recommends the approval of the resolution to continue to participate in the
Tarrant County consortium.
Supporting Resolution No. 14-034
Document:
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City Council Meeting
Meeting Date — August 5, 2014
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RESOLUTION #14-034
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 2015 THROUGH FISCAL YEAR 2017.
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 11 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 (ESG) 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 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
WHEREAS, the City of Southlake 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 Community Development Block Grant (CDBG), HOME
Investment Partnership (HOME) and Emergency Solutions Grant (ESG) Program Allocation
from Federal Fiscal Years 2015, 2016, and 2017 appropriations and from any program income
generated from the expenditure of such funds, 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 will not fund activities in, or in support of, any
cooperating unit of general local government that does not affirmatively further fair housing
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City Council Meeting
Meeting Date — August 5, 2014
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within its own jurisdiction or that impedes the county's actions to comply with the county's fair
housing certification, and
WHEREAS, Tarrant County will not fund activities in support of City of Southlake
that does not 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 and the Age
Discrimination Act of 1975, 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 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 Southlake 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 Community Development Act of 1974, and other applicable laws,
and
WHEREAS, prior to disbursing any CDBG, HOME and ESG Program funds to a
subrecipient, Tarrant County shall sign a written agreement with such subrecipient, and
WHEREAS, the City of Southlake 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 CDBG,
HOME and ESG Program requirements, and
WHEREAS, in accordance with 24 CFR 570.501(b), Tarrant County 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 that in the event of close-out or change in
status of the City of Southlake, 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 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
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City Council Meeting
Meeting Date — August 5, 2014
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part of the metropolitan city or urban county, as applicable, instead of the date the
subrecipient agreement expires.
WHEREAS, the City of Southlake 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 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
Southlake;
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 Law 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 Southlake, 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 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 adopt such an amendment to
the agreement will void the automatic renewal of this agreement.
This agreement remains in effect until CDBG, HOME, ESG funds and income received to
the fiscal 2015, 2016, 2017 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 nor the City of Southlake may terminate or withdraw from
the agreement while the agreement remains in effect.
City Council Meeting
Meeting Date — August 5, 2014
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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 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 5T" day of August, 2014
APPROVED:
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).
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