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2022-08-Resolution-Community Development Block Grant Program(CDBG)-07/21/2022RESOLUTION No. 2022-08 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 19745 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 the 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 toundertake, or assist in undertaking, community renewal and lower income housing assistance activities, and WHEREAS, Denton County and City of Sanger will take all actions necessaty toassure 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 the City of Sanger that does not affirmatively further fair housing within its own jurisdiction or thatimpedes the county's actions to comply with the county's fair housing certification, and WHEREAS, Denton County and the 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 heuse 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 responsiblefor 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 WHEREAS, pursuant to 24 CFR 570.501(b), the City of Sanger is subject to thesame requirements applicable to sub recipients, including the requirement of a written agreement a described in 24 CFR 570.503, and WHEREAS, Denton County and City of Sanger may not sell, trade, or otherwisetransfer all or any pottion 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 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 forthree 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 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 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 qualificationperiod. 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 patty to adopt such an amendment to the agreement will void the automatic renewalof this agreement. This agreement remains in effect until CDBG funds and income received during the fisca12023, 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 cline 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. t � 4 ; , �IGNED on this the � day of July, 2022. r bvi A N tel dwards, City Secretary y,. 4 h ^Tip E 1PASSED AND APPROVED THIS Commissioners Court Clerk Thomas Muir, Mayor day of July, 2022. Judge Andy Eads, County Judge STATE OF TEXAS § COMMUNITY DEVELOPMENT COUNTY OF DENTON § BLOCK GRANT PROGRAM JOINT ADMINISTRATIVE AGREEMENT FOR ADMINISTRATION Pursuant to Texas Local Govenunent 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"),apolitical 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. Thin Agreement remains in effect until the CDBG Program fiends 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 Aber 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 Page 1 of 3 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 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 5 70.5 03 6 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 Page 2 of 3 preparation of annual performance reports. 10. COUNTY has the final responsibility for submitting the consolidate Plan to HiJD 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 This Joint Administrative Agreement is executed on behalf of the CITY OF SANGER and DENTON COUNTY by its duly authorized officials. CITY OF SANGER Thomas Muir, Mayor of Sanger This the ZI Sfday of �c � , 2022 DENTON COUNTY, TEXAS Andy Eads, County Judge This the day of , 2022 Page 3 of 3