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12-R-62 Authorizing a Community Development Block Grant ProgramRESOLUTION NO. 2012-R-62 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A COMMUNITY DEVELOPMENT BLOCK GRANT- PROGRAM COOPERATIVE AGREEMENT WITH BEXAR COUNTY, TEXAS AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City") has recommended that the City enter into an agreement with Bexar County, Texas to participate with Bexar County, Texas in its re-qualification process as an Urban County for continued participation in the Housing and Urban Development Community Development Block Grant and HOME Programs for the fiscal years 2013, 2014 and 2015; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into an agreement with Bexar County, Texas pursuant to the Community Development Block Grant Program Cooperative Agreement, attached hereto as Exhibit A (the "Agreement"). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Bexar County, Texas in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Govermnent Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 26th day of June, 2012. CITY OF SCH RTZ, TEXAS Mayor em ATTEST: ~` ~`~~Qs~~m en City Secretary (CITY SEAL) 50522270.1 EXHIBIT A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COOPERATIVE AGREEMENT soszzz~o.~ A_1 ORIGINAL STATE OF TEXAS § COMMUNITY DEVELOPbIENT § BLOCK GRANT PROGRAM COUNTY OF BEXAR § COOPERATIVE AGREEMENT This agreement (the "Agreement") is entered into by and between Bexar County ("COUNTY"),apolitical subdivision of the State of Texas, and City of Schertz ("CITY"), a municipal corporation under the laws of the State of Texas (also, individually, a "Party" or, collectively, the "Parties"). RECITALS 1. The specific purpose of the Housing and Community Development Act of 197A, as amended, is the development of viable communities. 2. CITY has elected 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"} Entitlement Program and the HOME Investment Partnership Program (collectively, .the "Grant Applications"), and COUNTY is willing to include CTI'Y's population in the Grant Applications. 3. COUNTY wants to be designated as an "Urban County" by HUD in order to receive a formula share of program funds, provided that COUNTY has a population of 100,000 (excluding the population of its metropolitan cities) and has combined population of at least 200,000 included in its unincorporated areas and its included units of general local governments for essential Community Development and Housing-Assistance activities. ARTICLE I POPULATIONS COMBINED 1.01 CITY authorizes COUNTY to include CITY'S population in the Grant Applications in order to qualify for a formula share of the entitlement funds through HUD's CDBG Entitlement Program and the HOME Investment Par'hiership ("HOME") Program, and COUNTY agrees to include the same in the Grant Applications. 1.02 CITY shall not apply for grants under the Small Cities or State CDBG Programs from appropriations for fiscal years in which this Agreement is in effect. Furkher, CTPY shall not participate in a HOME consortium except through COUNTY, regardless of whether COUNTY receives a HOME formula allocation during the fiscal years in which this Agreement is in effect. ARTICLE II TER 2.01 Term. This Agreement is effective for the three-year qualification period of Fiscal Years 2013, 2014 and 2015. This Agreement remains in effect until the CDBCr and HOME Program funds and income received with respect to the three-year qualification period and any successive qualification periods are expended and the funded activities are completed, and the Parties may not terminate ox withdraw from this Agreement while it remains in effect. 2.02 Automatic Renewal• Termination This Agreement will automatically renew for each new three-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-year qualification period. COUNTY agrees to notify CITY of its right to elect not to participate in a new qualification period by the date specified 3n the HUD's Urban County Qualification Notice for each new qualification period. Failure by either Party to adopt an amendment to this Agreement inwrporating all changes necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice applicable for a new qualification period, and to submit the amendment to HUD, shall void.the automatic renewal ofthis Agreement. ARTICLE ITI OTHER HUD REQUIREMENTS 3.01 Cooperation. The Parties will cooperate to undertake, or assist in undertaking, community zenewal and lower-income-housing-assistauce activities. 3.02 Comaliance with Specific Statutes. A. Urban-Count~Certification. 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, the Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974, and other applicable laws. B. Environmental and Civil-Rights. The Parties will take all required actions to comply with the provisions of the Nations[ Bnvironment Policy Act of 1969, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1468, Section 104 (b) and Section 109 of Title I of the Housing and Community Development Act of 1974, as amended, and other applicable laws. 3.03 Furtherance of Fair Iiousine. COUNTY prohibits CDBG or HOME Program funding for activities in or in support of a participating unit of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes COUNTY'S actions to comply with its Fair Housing Plan and fair housing certification, 3.04 Excessive-Force Poli f s. COUNTY and the participating units of general local government have adopted and are enforcing: 1) 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 2) a policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location that is the subject of such non-violent civil rights demonstrations within the jurisdiction. 3.05 No Veto of Plan. 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 COUIV'TY 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. 3.06 CITY is Subrecipient. Pursuant to 24 CFR 570.501 (b), the unit of local government is subject to the same requirements applicable to subrecipients, including the requirements for a written agreement set forth in 24 CFR 570.503. 3.07 Urban County Praeram Responsibilities. 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. 3.08 Certification Required. This Agreement is not effective unless and until it is executed by both Parties and certified by counsel for COUNTY. ARTICLE )(v AMENDMENTS Cot3gty-Auditor sy: ~ .~ ~„ $ ~ Q(„ . County Manager 4.01 No amendment, modification or alteration of the terms of this Agreement will be binding unless it. is is writing, dated subsequent to the date of this Agreement, and duly executed by the Parties. This Agreement is executed in duplicate originals this ~~ay of 2012. CO(TNT .XAR ~ C1TY OF ` By: By; \}- rr s n w. woiff ~ear"~e. F1n~U.na C ty Judges n Mayor Pro Tem ATTI?sT: By: Gerard Rickhoff County Clerk APPROVED AS TO LEGAL FORM: Susan D. Reed - Crimfimal7Jistrict A#orney Bexar County, Texas By: Kelsey M I Assistant Criminal DistrictAttorney Civil Section APPROcV,,ErD_AS T FINAPICIAL CONTENT; By: I~9~ ~- l Susan T. Ye ATTEST: By; Brenda Dennis - City Secretary By: Michael Spain City Attorney APPRO By: 7l Aurora M. Sanchez Executive Director Bexar County Community Resources By . - . .. .-... .._P ..,, ._ . J'p n C. Ressel City Manager i