HomeMy WebLinkAboutResolution 4468-06-2015 A Resolution
NO. 4468-06-2015
REQUESTING THAT THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT GRANT AN EXCEPTION AS AUTHORIZED BY THE COMMUNITY
DEVELOPMENT BLOCK GRANT REGULATIONS FOR A POTENTIAL CONFLICT OF
INTEREST SO THAT IMMEDIATE FAMILY MEMBERS OF COUNCIL MEMBER KELLY
ALLEN GRAY MAY PARTICIPATE IN THE CITY'S PRIORITY REPAIR PROGRAM
WHICH BENEFITS LOW INCOME HOMEOWNERS
WHEREAS, the City of Fort Worth ("City") receives Community Development
Block Grant ("CDBG") funds from the United States Department of Housing and
Urban Development ("HUD") with which it provides up to $5,000.00 of home repairs
for roofs, mechanical systems and health and safety issues to low-income, primarily
elderly home owners, under its Priority Repair Program (M&C G-17589); and
WHEREAS, John and Gwendolyn Gray, Council Member Kelly Allen Gray's
father-in-law and mother-in-law, have applied for assistance under the City's Priority
Repair Program and meet all the requirements for the services but for their
relationship with Council Member Gray; and
WHEREAS, the federal regulations governing the use of CDBG funds ("CDBG
Regulations") state that no person who is an elected official of a recipient of CDBG
funds who exercises any functions or responsibilities with respect to CDBG activities,
or who is in a position to participate in the decision making process or gain inside
information with regard to such activities, may obtain a financial interest or benefit
from a CDBG activity for themselves or their immediate family members, but permit
exceptions if certain conditions are met; and
WHEREAS, as one of 9 Members of the City Council, Council Member Gray
votes on the City's Annual Action Plan which allocates the federal grant .funds the
City receives from HUD, including CDBG funds, to various programs and also votes
on funding and policies for specific City programs that use CDBG funds including the
Priority Repair Program. However, no Council Member has any decision making
authority in the direct administration of any federally funded program as those powers
are delegated to the City Manager and City Staff by the City Charter; and
WHEREAS, Mr. and Mrs. Gray meet the program's income guidelines and an
exception will permit them to receive the same benefits from the Priority Repair
Program that are available to other low income homeowners in the City, and denial of
services for which they are otherwise qualified will result in an undue hardship on
them as the requested repairs are to address a serious plumbing problem that is an
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Resolution No.4468-06-2015
immediate health and safety issue not only to the Grays but potentially to neighboring
properties; and
WHEREAS, public disclosure of this potential conflict has been made by the
inclusion of this Resolution on the non-consent portion of the agenda for the City
Council meeting on June 9, 2015. The agenda was posted as required by Texas law at
least 72 hours prior to the meeting and the title of Resolution clearly identified the
covered person, the nature of the conflict, the type of assistance being sought and that
the City intends to request an exception from HUD. The agenda, including copies of
all items to be presented to the Council, was available for review by the public on the
City's website and was also distributed to the media; and
WHEREAS, this Resolution was read into the record during the June 9, 2015
meeting of the City Council; and
WHEREAS, the CDBG Regulations permitting HUD to grant exceptions
require a written opinion of the local government's attorney that the interest for which
the exception is sought would not violate state or local law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS:
Section 1. The City Council requests the United States Department of Housing
and Urban Development to grant an exception to the conflict of interest requirements
of the Community Development Block Grant program so that John and Gwendolyn
Gray, the father-in-law and mother-in-law of Council Member Kelly Allen Gray, may
receive services under the City's Priority Repair Program; and
Section 2. That the City Council requests the City Attorney to issue a written
opinion as to whether the interest for which the exception is sought violates state or
local law and for such opinion to accompany the request; and
Section 3. That the minutes of the June 9, 2015 meeting of the City Council
reflect that this Resolution was read into the record during the meeting, that they
include an accurate description of the discussion by members of the City Council and r
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the public as to its merits, and that such minutes accompany the request.
Adopted this 9"' day of June, 2015. �� ����
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