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HomeMy WebLinkAboutOrdinance 24709-02-2021 ORDINANCE NO.24709-02-2021 AN ORDINANCE AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE III "BOARDS AND COMMISSIONS" OF THE CODE OF THE CITY OF FORT WORTH (2015),AS AMENDED,BY ADDING DIVISION 4"THE COMMUNITY DEVELOPMENT COUNCIL"; REPEALING ORDINANCES 11543 AND 16009 AND AMENDING AND RESTATING CONTENTS OF SAME AS SECTIONS 2-84 THROUGH 2-87 OF THE CITY CODE; ESTABLISHING THE COMMUNITY DEVELOPMENT COUNCIL FOR THE PURPOSE OF ADVISING THE FORT WORTH CITY COUNCIL ON PRIORITIES FUNDED BY THE COMMUNITY DEVELOPMENT BLOCK GRANT, EMERGENCY SOLUTIONS GRANT, HOUSING OPPORTUNITIES FOR PERSONS WITH HIV/AIDS GRANT, AND THE HOME INVESTMENT PARTNERSHIPS PROGRAM GRANT; ESTABLISHING THE DUTIES AND MEMBERSHIP OF THE COMMUNITY DEVELOPMENT COUNCIL; PROVIDING FOR STAFFING FOR THE COMMUNITY DEVELOPMENT COUNCIL; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES AND REPEAL CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Fort Worth receives federal grant funds from the Department of Housing and Urban Development ("HUD") for the purpose of assisting low to moderate income households and individuals meeting certain defined criteria; and WHEREAS, in 1994,the City Council adopted Ordinance 11543,which restructured and refocused the Community Development Council ("CDC") for the purpose of advising the City Council regarding funding recommendations related to the Community Development Block Grant ("CDBG"); and WHEREAS, in 2004, the City Council adopted Ordinance 16009, amending Ordinance 11543 to include two additional grants, the Emergency Shelter Grant, renamed in 2012 to the Emergency Solutions Grant, (ESG) and the Housing Opportunities for Persons with HIV/AIDS (HOPWA) Grant,to the list of grants on which the CDC advises the City Council; and WHEREAS, the City of Fort Worth also receives HOME Investment Partnerships Program ("HOME") funds which can be used for affordable housing activities to benefit low- income households, including rental assistance and aid in building, buying, and rehabilitating affordable housing for rent or homeownership; and WHEREAS, it is recommended that the City Council officially include the HOME grant as part of the advisory duties of the CDC; and WHEREAS, staff proposes adoption of this ordinance to repeal and replace Ordinances 11543 and 16009, with their contents to be amended, restated, and codified for the purpose of describing the roles and responsibilities of the CDC and making such information more readily available to the public; and Page ] of 4 WHEREAS, the City Council finds this Ordinance to be reasonable and necessary and finds it advisable to adopt staff s recommendations. NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,TEXAS,THAT: SECTION 1. Chapter 2 "Administration,"Article III"Boards and Commissions"of the Code of the City of Fort Worth, Texas (2015), as amended, is hereby revised to add a new Division 4 to read as follows: DIVISION 4: THE COMMUNITY DEVELOPMENT COUNCIL §2-84 COMMUNITY DEVELOPMENT COUNCIL CREATED; PURPOSE. (a) A citizens'advisory board to be known as the Community Development Council is hereby established for the purposes of advising the City Council on setting priorities for projects funded through the following federal grant programs: - Community Development Block Grant program - Emergency Solutions Grant program - Housing Opportunities for Persons with AIDS Grant program - HOME Investment Partnerships Program (b) The Community Development Council shall also assist in ensuring compliance with all requirements imposed by the United States government regarding the above listed grant programs. §2-85 COMPOSITION AND TERMS. (a) Subject to the provisions of Chapter 2 "Administration," Article III "Boards and Commissions,"Division 3 of the Code of the City of Fort Worth,Texas (2015), as amended, the Community Development Council shall be comprised of nine(9)membership places. (b) The Mayor and other members of the City Council shall each appoint one citizen of the City of Fort Worth to serve in each place. Members appointed to odd-numbered places shall have terms which expire in odd-numbered years, and members appointed to even-numbered places shall have terms which expire in even-numbered years. Page 2 of 4 (c) Members shall serve two-year terms, and no member shall serve more than three consecutive two-year terms. (d) Members shall serve without compensation and may be removed at any time by the City Council. §2-86 ADMINISTRATIVE SUPPORT. Staff support of the Community Development Council will be as assigned by the City Manager. §2-87 POWERS AND DUTIES. (a) The Community Development Council shall review, hold public hearings on, and make recommendations to the City Council concerning proposals for funding with grant monies from the grant programs specified in Section 2-84. (b) Funding recommendations made by the Community Development Council shall be advisory only and not be binding on the City Council. SECTION 2. Ordinances 11543 and 16009 are hereby repealed with their contents restated as amended in Section 1 herein. SECTION 3. This ordinance shall be cumulative of all provisions of ordinances of the Code of the City of Fort Worth, Texas, (2015), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. Page 3 of 4 SECTION 4. It is hereby declared to be the intention of the City Council that the phrases,clauses,sentences, paragraphs and sections of this ordinance are severable,and,if any phrase,clause,sentence,paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction,such unconstitutionality shall not affect any of the remaining phrases, clauses,sentences,paragraphs and sections of this ordinance,since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence,paragraph or section. SECTION 5. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of the Code of the City of Fort Worth, or any other ordinances of the City,that have accrued at the time of the effective date of this ordinance;and,as to such accrued violations and all pending litigation,both civil and criminal,whether pending in court or not,under such ordinances, same shall not be affected by this ordinance, but may be prosecuted until final disposition by the courts. SECTION 6. This ordinance shall take effect upon adoption, and it is so ordained. APPROVED AS TO FORM ATTEST: AND LEGALITY: ate. Yy� l/ � z Jo Pate(Fe 2 021 12;45 CST)Jo Ann Pate Mary J. Kayser (!D Assistant City Attorney II City SecretaryADOPTED: February23, 2021 EFFECTIVE: February23,2021 Page 4 of 4 City of Fort Worth,Texas Mayor and Council Communication DATE: 02/16/21 M&C FILE NUMBER: M&C 21-0109 LOG NAME: 19NS COMMUNITY DEVELOPMENT COUNCIL ORDINANCE SUBJECT (ALL)Adopt Ordinance Repealing, Restating,and Codifying Content from Prior Ordinances Governing the Community Development Council as a New Division in the City Code to Establish and Facilitate the Community Development Council for the Purpose of Advising City Council on Priorities for Certain Federal Grants RECOMMENDATION: It is recommended that the City Council adopt the ordinance,which repeals,restates,and codifies content from Ordinances 11543 and 16009 and amends the City Code to add a new Division 4,"The Community Development Council,"to Article III of Chapter 2,with the new article establishing and facilitating the management of the Community Development Council for the purpose of advising the City Council on funding and project priorities for the Community Development Block Grant,Emergency Solutions Grant,the Housing Opportunities for Persons with HIV/AIDS Grant, and the HOME Investment Partnerships Program Grant from the United States Department of Housing and Urban Development. DISCUSSION: The purpose of this Mayor and Council Communication(M&C)is to adopt an ordinance that repeals, restates,and codifies prior City ordinances that govern the Community Development Council(CDC). In 1994,Ordinance 11543 was approved by the City Council to govern the CDC,with its purpose being to advise the City Council on Community Development Block Grant (CDBG)funding recommendations (M&C G-10621). The ordinance amendment reflected an organizational restructuring among City departments that occurred at that time. In 2004,Ordinance 16009 was approved by the City Council and amended the CDC ordinance to add the Emergency Shelter Grant and the Housing Opportunities of Persons with HIV/AIDS(HOPWA)Grant to the CDC's advisory duties(M&C G-14397). In 2012,the Emergency Shelter Grant was renamed to the Emergency Solutions Grant(ESG),which is updated in the attached ordinance. The City also receives grant funds from the United States Department of Housing and Urban Development(HUD)through the HOME Investment Partnerships Program(HOME)Grant.The HOME Grant is a federal block grant program that provides funding to states and localities to be used exclusively for affordable housing activities to benefit low-income households. Uses of HOME funds include a wide variety of activities,including building, buying, and rehabilitating affordable housing for rent or homeownership and rental assistance. The CDC has advised on the programming of these funds for a number of years but only in an informal capacity. Staff is recommending the CDC ordinance be amended to update name of the ESG Grant and officially add the HOME Grant to the list of programs on which the CDC advises the City Council along with its continuing advisory role regarding CDBG, ESG, and HOPWA funding recommendations. Previous ordinances were not codified in the City Code.Staff recommends that this material be codified in a newly created portion of the City Code. Chapter 2, Article III, governs "Boards and Commissions". Staff recommends a new Division 4 be added, titled "The Community Development Council"and consisting of sections 2-84 through 2-87.This approach will make information about the CDC easier for the public to find and will make internal tracking of changes to the governing ordinance more efficient to track. A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that the revision of the ordinance will have no material effect on City funds. Submitted for City Manager's Office by: Fernando Costa 6122 Originating Business Unit Head: Victor Turner 8187 Additional Information Contact: Sharon Burkley 5785