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HomeMy WebLinkAboutResolution No. 05 12 CDBGRESOLUTION NO. 05-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, APPROVING AN AGREEMENT BETWEEN THE CITY AND DALLAS COUNTY FOR THE COUNTY TO QUALIFY FOR THE URBAN COUNTY CDBG PROGRAM; STATING THE UNDERSTANDINGS AND AGREEMENTS OF THE PARTIES; AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL COOPERATION AGREEMENT WITH DALLAS COUNTY UNDER CHAPTER 791 OF THE TEXAS GOVERNMENT CODE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the 93'a Session of the Congress passed, and the President of the United States signed into law, the Housing and Community Development Act of 1974 (PL93-383) which created the Urban County Community Development Block Grant (CDBG) program; and WHEREAS, Dallas County, Texas, is applying to the U.S. Department of Housing and Urban Development for Urban County CDBG entitlement status; and WHEREAS, in order to qualify for this status, Dallas County must enter into cooperative agreements with local governments and have the collective population of the County's unincorporated area and the participating local governments total at least 100,000 people; and WHEREAS, Texas cities and counties are authorized under Chapter 373, Local Govemment Code, and Section 381.003, Local Government Code, to conduct essential Housing and Community Development activities; and WHEREAS, Texas cities and counties are authorized under Chapter 791, Government Code, to enter into cooperative agreements with one another; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. The City of University Park supports the efforts of Dallas County, Texas to qualify for the Urban County CDBG program and asks that its population be included in such a program beginning with Federal Fiscal Years 2006, 2007 and 2008. SECTION 2. This agreement covers both the CDBG entitlement program and when applicable, the HOME Investment Partnership program. SECTION 3. This agreement remains in effect until the CDBG (and HOME, where applicable) funds and program income received with respect to the three-year qualification period are expended and the funded activities completed, and that the County and City may not terminate or withdraw from the agreement while the agreement remains in effect. Agreement of Cooperation I City of University Park SECTION 4. The City of University Park understands that by executing the CDBG cooperation agreement it: May 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 the Urban County CDBG program; and o May receive a formula allocation under the HOME program only through the urban county. o May not participate in a HOME consortium except through the Urban County, regardless of whether the Urban County received a HOME formula allocation. Dallas County and the City of University Park agree to cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities. Dallas County and the City of University Park shall take actions necessary to assure compliance with the Urban County's certification required by Section 104(b) of the Title I of the Homing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974, and Title vm of the Civil Rights Act of 1968 and other applicable laws; Dallas County and the City of University Park understands that Urban County funding will not be provided for activities in or in support of a cooperating local govemment that does not affirmatively furthe,. fair housing within its own jurisdiction or that impedes the County's actions to comply with its fair housing certifications; The City of University Park understands, that in accordance with 24 CFR 570.501(b) and 570.503, (which requires a written agreement), it shall be subject to the same administrative requirements as a sub-recipient should it receive funding under this program; The City of University Park agrees to inform Dallas County of any income generated by the expenditure of CDBG/HOME funds received, and that any such program income must be paid to the county to be used for eligible activities in accordance with all HOME Community Development Block Grant requirements; Dallas County is responsible for monitoring and reporting to the U.S. Department of Housing and Urban Development on the use of any such pmgrarn income, and that in the event of close-out or change in status of the City of University Park, any program income that is on hand or received subsequent to the close-out or change in status shall be paid to the County; The City of University Park agrees to notify Dallas County of any modifcafion or change in the use of the real property from that planned at the time of acquisition or improvement, including disposition, and further agrees Agreement of Cooperation 2 City of University Park to reimburse the county in an amount equal to the current fair market value (less any portion thereof attributable to expenditure ofnon-CDBG/HOME funds) for property acquired or improved with CDBG/HOME funds that is sold or transferred for a use which does not qualify under the CDBG/HOME regulations; Any money generated from the 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 this cooperative agreement between Dallas County and the City of University Park. The City of University Park has adopted and is enforcing: A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individual engaged in non-violent civil fights demonstrations; A policy of enforcing applicable State and local laws against physically barring entrance to or exit fi:om a facility or location which is the subject of such non- violent civil fights demonstrations within jurisdictions. The City of University Park understands that Dallas County will have final responsibility for administering the CDBG/HOME program, selecting CDBG/HOME projects and filing annual grant requests; and The Mayor of University Park, Texas is authorized to sign any additional forms, on behalf of the City of University Park, that the U.S. Department of Housing and Urban Development may require. APPROVED AND_ ~/E~I~PT~D THIS THE 2_lst ~es H. Blacki~ ~rn~s'I]~, Mayor it? of University Park, Texas __day of June 2005. Margaret Keliher, County Judge Dallas County, Texas Date ~~City ~V~anager Date Paula Stephens, Commissioners Court Clerk Approved as to Form: Bob Schell, Assistant District Attorney Agreement of Cooperation 3 City of University Park