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Home My WebLink About20-1580 05-26-2020 RESOLUTION 20-1580 RESOLUTION REGARDING CITY OF EULESS 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 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 (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 Ill, 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 Euless 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 Euless shall not participate in a HOME consortium except through Tarrant County; however, does not preclude Tarrant County or the City of Euless from applying to the State for HOME Investment Partnership (HOME) funds, if the State allows; and WHEREAS, City of Euless may receive Emergency Solutions Grant (ESG) programming through Tarrant County; however, does not preclude Tarrant County or the City of Euless from applying to the State for Emergency Solutions Grant (ESG) funds, if the State allows; 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 2021, 2022, and 2023, from any program income generated from the expenditure of such funds and any successive qualification periods under 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 Euless 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 Euless in writing of its right not to participate; and WHEREAS, with automatic renewal, Tarrant County and City of Euless 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 Euless agree to cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities; and WHEREAS, Tarrant County and City of Euless will take all actions necessary to assure compliance under section 104(b) of Title I of the Housing and Community 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 Euless 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 Euless 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 II 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 Euless 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 Euless has adopted and is enforcing a policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility Resolution No. 20-1580, Page 2 of 5 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 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 WHEREAS, pursuant to 24 CFR 570.501(b), the City of Euless is subject to the same requirements applicable to sub recipients, including the requirement of a written agreement a described in 24 CFR 570.503; and WHEREAS, Tarrant County and City of Euless 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 Euless, that the City Council of Euless, 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 Euless, 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 Euless, 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 Euless provides written notice it elects not to participate in a new qualification period. Tarrant County will notify the City of Euless 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 Euless, 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 2021, 2022, 2023 programs, and to any successive qualification Resolution No. 20-1580, Page 3 of 5 periods provided through the automatic renewal of this agreement, are expended and the funded activities completed, neither Tarrant County nor the City of Euless 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 Euless. Any notice of changes or amendments to this agreement by the City of Euless to Tarrant County shall be in writing to the Tarrant County Community Development Division Director. ATTEST: APPROVED: _ ZIA 6W SECRETARY '--MAYOR PASSED AND APPROVED THIS 26th day of May, 2020 Commissioners Court C el County Judge PASSED AND APPROVED THIS aNd day of 04AK , 2020 Approval Form for District Attorney Resolution No. 20-1580, Page 4 of 5 Approved as to rm* *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). Resolution No. 20-1580, Page 5 of 5