HomeMy WebLinkAboutCity Council Resolutions (R-03-2155)-05/20/2003
RESOLUTION R-03-2155
A RESOLUTION APPROVING THE CITY OF COLLEYVILLE'S PARTICIPATION IN
TARRANT COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FOR THE THREE PROGRAM YEAR PERIOD, FISCAL YEAR 2003 THROUGH
FISCAL YEAR 2005
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
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 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 Colleyville 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, through cooperative agreements, Tarrant County has authority to carry
out activities funded from annual Community Development Block Grant
(CDBG) and HOME Program Allocation from Federal Fiscal Years 2003,
2004, and 2005 appropriations and from any program income generated
from the expenditure of such funds; and
WHEREAS, Tarrant County and the City of Colleyville agree to cooperate to
undertake, or assist in undertaking, community renewal and low income
Resolution R-03-2155
Page 2 of 5
housing assistance activities, specifically urban renewal and publicly
assisted housing; and
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 Colleyville 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 Colleyville 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 subject of such non-violent civil
rights demonstrations within jurisdictions; and
WHEREAS, Tarrant County and the City of Colleyville 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 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 or HOME Program funds to a subrecipient,
Tarrant County shall sign a written agreement with such subrecipient; and
WHEREAS, the City of Colleyville agrees to inform the county of any income
generated by the expenditure of CDBG funds received and that any such
program income must by 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 Colleyville, 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
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WHEREAS, the City of Colleyville agrees to notify Tarrant County of any modification
or change in the use of 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
subsequent to the close-out, change of status or termination of the
cooperation agreement between county and the City of Colleyville.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
Sec. 2.
THAT the City of Colleyville 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 Colleyville, Texas to sign such additional forms as
requested by the Department of Housing and Urban Development
pursuant to the proposes of the Resolution, and further that the City of
Colleyville, Texas understands that Tarrant County will have final
responsibility for selecting projects and filing annual grant requests.
THAT this agreement will automatically be renewed for participation in
successive three-year qualification periods, unless Tarrant County or the
City of Colleyville provides written notices it elects not to participate in a
new qualification period. Tarrant County will notify the City of Colleyville
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 notices 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 Colleyville, and
submitted to HUD. Failure by either party to adopt such an amendment to
the agreement will void the automatic renewal of this agreement.
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APPROVAL FORM FOR DISTRICT ATTORNEY:
*
*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. Other parties should not rely on this approval,
and should seek review and approval by their own respective attorney(s).
Resolution R-03-2155
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Sec. 3.
THAT this agreement remains in effect until CDBG, HOME funds, and
income received to the Fiscal Year 2003, 2004, 2005 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 Colleyville may
terminate or withdraw from the agreement while the agreement remains in
effect.
Sec. 4.
THAT 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 Colleyville. Any
notice of changes or amendments to this agreement by the City of
Colleyville to Tarrant County shall be in writing to the Tarrant County
Community Development Division Director.
AND SO IT IS RESOLVED.
PASSED BY A VOTE OF _AYES, _NAYS, AND _ABSTENTIONS ON THIS
THE DAY OF 2003.
NO ACTION WAS TAKEN BY COUNCIL
ATTEST:
CITY OF COLLEYVILLE:
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Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor
Commissioners Court Clerk
County Judge