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