08-10-21-Resolution-Participating in Denton County Community Development Block Grant Program-08/16/2021RESOLUTION 08-10-21
RESOLUTION REGARDING CITY OF SANGER PARTICIPATION IN DENTON
COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE THREE
PROGRAM YEAR PERIOD, FISCAL YEAR 2023 THROUGH FISCAL YEAR 2025.
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, Denton 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) 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 Sanger may not apply for grants under the State CDBG Program
from appropriations for fiscal years during the period in which it is participating in Denton
County's CDBG program, and
WHEREAS, through cooperative agreements Denton County has authority to carry out
activities funded from annual Community Development Block Grant (CDBG) Allocation from
Federal Fiscal Years 2023, 2024, and 2025, 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 2023, 2024, and
2025, it will automatically be renewed for participation in successive three-year qualification
periods, unless the County or the City of Sanger 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, Denton
County will notify City of Sanger in writing of its right not to participate, and
WHEREAS, with automatic renewal, Denton County and City of Sanger 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, Denton County and the City of Sanger agree to cooperate to undertake, or
assist in undertaking, community renewal and lower income housing assistance activities, and
Page 1 of 3
WHEREAS, Denton County and City of Sanger 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, Denton County will not fund activities in, or in support of City of Sanger
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, Denton County and City of Sanger 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 Sanger 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 Sanger 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, in accordance with 24 CFR 570.501(b), Denton County is responsible for
ensuring that CDBG fiords 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 Sanger is subject to the same
requirements applicable to sub recipients, including the requirement of a written agreement as
described in 24 CFR 570.503, and
WHEREAS, Denton County and City of Sanger 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 Sanger that the City Council of
Sanger, Texas supports the application of Denton County for fiinding 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 Denton County, Texas to carry out Community Development
Program Activities Eligible for Assistance under Public Law 93-383, and Affordable Housing
Page 2 of 3
activities under Public Law 101-625, and authorizes the Mayor of Sanger, 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 Sanger, Texas understands that
Denton 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 Denton County or the
City of Sanger provides written notice it elects not to participate in a new qualification period.
Denton County will notify the City of Sanger 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 Denton County and the City of Sanger
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 funds and income received during the fiscal
2023, 2024, 2025 programs, and to any successive qualification periods provided through the
automatic renewal of this agreement, are expended and the funded activities completed, neither
Denton County nor the City of Sanger 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 Sanger Any notice of changes or amendments to this agreement by the City of Sanger to
Denton County shall be in writing to the Denton County Judge's Office.
SIGNED on this the 20 day of Aug
iv) �� EI`Ilii1f61s'
Kell§ Edw s, City Secretary t//�` Thbmas E. Muir, Mayor
-1-F :s
PASSED AND APPROVED THIS day of August, 2021.
Commissioners Court Clerk Judge Andy Eads, County Judge
Page 3 of 3
STATE OF TEXAS COMMUNITY DEVELOPMENT
COUNTY OF DENTON BLOCK GRANT PROGRAM
JOINT ADMINISTRATIVE AGREEMENT FOR ADMINISTRATION
Pursuant to Texas Local Government Code Chapter 373 and Section 381.003, Texas cities and
counties are authorized to conduct essential housing and community development activities; and
pursuant to Texas Government Code Chapter 791, Texas cities and counties are authorized to enter
into cooperative agreements.
This agreement is entered into by and between DENTON COUNTY ("COUNTY"), a political
subdivision of the State of Texas, and the CITY OF SANGER ("CITY") a municipal corporation
underthe laws of the State of Texas (also known individually as a "Party" or, collectively, the
"Parties").
The CITY OF SANGER has chosen to have its population included as a portion of
COUNTY's population in COUNTY's "Urban County" applications to the U.S. Department of
Housing and Urban Development ("HUD") for the Community Development Block Grant
("CDBG") Program, the HOME Investment Partnership ("HOME") Program, and Emergency
Solutions Grants ("ESG") Program (collectively, the "Grant Applications"), and COUNTY is
willing to include CITY's population in the Grant Applications
This Agreement is effective for the three fiscal years qualification period of Fiscal Years
2023- 2025. This Agreement remains in effect until the CDBG Program funds and income
received with respect to the three fiscal years qualification period and any successive qualification
periods are expendedand the funded activities are completed, and the Parties may not terminate
or withdraw from this Agreement while it remains in effect. This Agreement will automatically
renew for each new three fiscal year Urban County qualification period, unless CITY or
COUNTY provides written notice of its intention to end its participation in this Agreement to the
other Party before the end of a three fiscal years qualification period. The termination notice must
also be sent to the HUD Field Office.
This JOINT ADMINISTRATIVE AGREEMENT is made and entered into by and
between the City Council of the CITY OF SANGER and DENTON COUNTY and the parties
hereby AGREE as follows:
1. The Parties will cooperate to undertake, or assist in undertaking, community renewal
and lower -income -housing -assistance activities.
2. The Parties will 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 implementing regulations at 24 CFR part 1, and the Fair
Page 1 of 3
Housing Act, and the implementing Attachment B - Exhibit A regulations at 24 CFR
part 100, will affirmatively further fair housing. The Parties will take all actions
necessary to assure compliance with the Urban County's certification required by
section 109 of Title I of the Housing and Community Development Act of 1974, and
the implementing regulations at 24 CFR part 6, which incorporates Section 504 of the
Rehabilitation Act of 1973, and the implementing regulations at 24 CFR part 8, Title
II of the Americans with Disabilities Act, and the implementing regulations at 28 CFR
part 35, the Age Discrimination Act of 1975, and the implementing regulation at 24
CFR part 146, and Section 3 of the Housing and Urban Development Act of 1968. The
Parties will also comply with any other applicable laws.
3. The Parties will take all required actions to comply with the provisions of the National
Environment Policy Act of 1969, Title VI of the Civil Rights Act of 1964, Title VIII
of the Civil Rights Act of 1968, Section 104 (b) and Section 109 of Title I of the
Housing and Community Development Act of 1974, as amended, and other applicable
laws.
4. The Parties will affirmatively further fair housing within the jurisdiction of the CITY
and the COUNTY.
5. The COUNTY and the CITY have adopted and are enforcing a policy prohibiting the
use of excessive force by law enforcement agencies with its jurisdiction against any
individuals engaged in non-violent civil rights demonstrations and a policy of enforcing
applicable State and local laws against physically barring entrance to or exit from a
facility or location that is in the subject of such non-violent civil rights demonstrations
within the jurisdiction.
6. Neither Party to this Agreement may veto or in any other way obstruct the
implementation of the approved Consolidated Plan (the "Plan") during the period for
which COUNTY is seeking to qualify as an Urban County, nor may either Party be
required to undertake any activities not specifically in the Plan. In addition, nothing
contained in this Agreement will deprive any municipality or other unit of local
government of any powers of zoning, development control or other lawful authority
which it presently possesses.
7. Pursuant to 24 CFR 570.501 (b), CITY is subject to the same requirements applicable
to subrecipients, including the requirements for a written Attachment B - Exhibit A
agreement set forth in 24 CFR 570.503.
8. CITY 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.
9. COUNTY will adhere to HUD requirements regarding public hearings and will have
final responsibility for selection of projects, the filing of annual grant request, and the
preparation of annual performance reports.
Page 2 of 3
10. COUNTY has the final responsibility for submitting the consolidate Plan to HUD
11. CITY may not apply for grants from appropriations under the State CDBG Program
for fiscal years during the period in which it participates in COUNTY's CDBG
program.
This Joint Administrative Agreement is executed on behalf of the CITY OF SANGER and
DENTON COUNTY by its duly authorized officials.
CITY OF SANGER
Mayor
This the r day of 7P����, 2021
This the day of 2021
REVISED: 0812612021
Page 3 of 3
RESOLUTION 08-10-21
RESOLUTION REGARDING CITY OF SANGER PARTICIPATION IN DENTON
COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE THREE
PROGRAM YEAR PERIOD, FISCAL YEAR 2023 THROUGH FISCAL YEAR 2025.
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, Denton 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) 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 Sanger may not apply for grants under the State CDBG Program
from appropriations for fiscal years during the period in which it is participating in Denton
County's CDBG program, and
WHEREAS, through cooperative agreements Denton County has authority to carry out
activities funded from annual Community Development Block Grant (CDBG) Allocation from
Federal Fiscal Years 2023, 2024, and 2025, 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 2023, 2024, and
2025, it will automatically be renewed for participation in successive three-year qualification
periods, unless the County or the City of Sanger 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, Denton
County will notify City of Sanger in writing of its right not to participate, and
WHEREAS, with automatic renewal, Denton County and City of Sanger 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, Denton County and the City of Sanger agree to cooperate to undertake, or
assist in undertaking, community renewal and lower income housing assistance activities, and
Page 1 of 3
WHEREAS, Denton County and City of Sanger 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, Denton County will not fund activities in, or in support of City of Sanger
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, Denton County and City of Sanger 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 Sanger 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 Sanger 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, in accordance with 24 CFR 570.501(b), Denton County is responsible for
ensuring that CDBG fiinds 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 Sanger is subject to the same
requirements applicable to sub recipients, including the requirement of a written agreement as
described in 24 CFR 570.503, and
WHEREAS, Denton County and City of Sanger 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 Sanger that the City Council of
Sanger, Texas supports the application of Denton County for fiinding 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 Denton County, Texas to carry out Community Development
Program Activities Eligible for Assistance under Public Law 93-383, and Affordable Housing
Page 2 of 3
activities under Public Law 101-625, and authorizes the Mayor of Sanger, 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 Sanger, Texas understands that
Denton 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 Denton County or the
City of Sanger provides written notice it elects not to participate in a new qualification period.
Denton County will notify the City of Sanger 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 Denton County and the City of Sanger
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 funds and income received during the fiscal
2023, 2024, 2025 programs, and to any successive qualification periods provided through the
automatic renewal of this agreement, are expended and the funded activities completed, neither
Denton County nor the City of Sanger 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 Sanger Any notice of changes or amendments to this agreement by the City of Sanger to
Denton County shall be in writing to the Denton County Judge's Office.
SIGNED on this theme day of A`tg� 1„�f:6 4„-yvG
" = Gam• ��7 - r
IK,ell Edw s, City Secretary Thomas E. Muir, Mayor
.ram, rrfl� • •i C" l�'l� , ���``�,L'
� r
PASSED AND APPROVED THIS �(11 day of Apgust� �242I. n
Commissioners Court Clerk Judge Andy Eads, �or�rty Judge
Page 3 of 3