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RESOLUTION 193 , ~:~. .~ ... .,'" , ""-" . . " RESOLUTION NO. 193 -.' RESOLUTION APPROVING CODPF!ltATION AGREEMENT WITH nit HOUSING AUTHORIlY OF THE CIlY OF SCHERTZ AND AUTHORIZING ITS EXECUTION ,TEXAS WHEREAS, the City of Schertz , Texas, has caused to be published twice in its officislly designsted newspaper the no.tice of its intent to enter into a Cooperation Agreement with the Housing . Authority of the City of Schertz , Texas; snd WHEREAS, 60 days or more have elapsed since the date o.f the first publication of said Notice, with no petitio.n for electio.n being filed in accordance with the Ho.using Cooperation Law of Texas. NOW, THEREFORE. BE IT RESOLVED BY TllECITY COUNCIL OF THE CIlY OF SCHERTZ . TEXAS, AS FOLLOWS: 1. The Cooperation Agreement between the City of Schertz , Texas and the Housing Authority of the City of Schertz Texas, is hereby approved. 2. The Mayor of the City o.f Schertz , Texas is hereby, authorized and directed to execute said Agreemeat and the Secretary . o.f the City of Sch~rt:z , Texas, is hereby autho.rized and directed to. seal and attest said Coo.peratioa Agreement in the name o.f the City o.f Schertz , Texas. 3. This Reso.lution shall become effective immedistely. 4. The Cooperation Agreement is in the follOWing form, to.-wit: ".;"!;; ..'."~ ., , . , ., I COOPERATION AGQDl!1T 'l111s Agreellleat Ilntered into tbh 161-.]) day of O~t:(")h~T' , 19~, by IInd betweea the llouaiaa Autbo.l'1ty of Schertz, Texas (hilrda cslled the "Local Autho.l'1ty").Dd the City of Schertz (herein called the "Municip.Uty"), WITIlIS81'Dl: Ia co.aaideratio.n" o.f the mutual covenant. h.reinafter .et forth. the partiea hereto dO .sree as follow.: 1. Whenever u.ed ia thh AlIre_at: (a) :rbe tem "Project" .hall ..an any low.reat houllill8 hereafter developed a. an entity by the Loc.l Autbo.rity with financial a.siatsnce of the United St.te. of America (herein called the . "GoverllDlent"), pur.uant to. the United St.tea BoudnS Act o.f 1937, as ameaded, and the Dep.rblleat o.f Boudll8 aDd Urban Development Act; excludill8, however, aay low-rent houainS pro.ject covered by any co.ntract for loan. aDd annual contribution. entered iato between the Local Autbo.rity and .sencie. of the GoverllDleat prio.r to the date o.f this Aaree1llent. (b) :rbe tel'lll ''Taxina lody" .hall me.n the Stace, or .ny political subdivision or taxill8 unit tbereo.f in which. l'roJect is aituated and which would have autho.rity to. ...... or levy re.l or per.onal property taxes or to. c.rtify such t.xe. to. . taxins body or public officer to be levied fo.r its u.e .nd beaefit with re.pect to a Pro.ject if it were not .exempt from texation. (c) :rbe tel'lll "Sbelter Rent" ahdl .88a tha total o.f all charles to. all tenabt. of a Project fo.r dwellins rents and no.adwellias reats (excludinS .11 other income o.f .uch Project), Ie.. the co.t to. the Loc.l Autho.rity of .11 dwellias .rid noadwellial utilitie.. (d) :rbe tem "SlUlll" ah.n lIIe.n aay .rea where dwellias. predo.lIllnate which, by rea.o.n of dilapidation, overcro.wdina, f.ulty arrall8ement . or desiga, lack o.f ventil.tion, liaht or .anitation facilities, or aay cOlllbinatio.n of these f.ctor., .re detriment. 1 to .afety, health or morals. 2. The Local Authority .hall eade.vo.r (a) to .ecure S coatract or contrscts with the Government for loaas aDd annual contribution. coverill8 ~ne or more Projects comprising appro.xilll8tely 120 unit. of low-rent housins and (b) to develo.p .nd admiaister auch Pro.ject o.r Project., each of which ahsll'be located within the co.rporate lilll~ts of the Municipality. The o.blis.tiona of the p.rtie. hereto ahall apply to. each such Pro.ject. \ 3. (a) Under the conatitutio.n'.nd at.tute. of the St.te of Texas sll projects are exempt from all re.l .nd per.on.l property t.xe. and special ssses.lIlenta levied or impo.ed by any Taxina lody. With respect to any Project, ao. loas .11 either (i) .uch Project b owned by. public body' o.r goverllDlentel ageacy and i. u.ed for low-rent hou.ias purpo.e., or (ii) any contract batween the Loc.l Authority .nd the GOvernment fo.r loan. o~ annual contributio.a., o.r both, in connection with luch pro.ject relll8ine in force and effect, o.r (iii) .ny bond. i..ued ia connection with .uch Project or aay monie. due to. the Go.vermaent tn co.nnection with,.uch Pro.ject remain unpaid, whichever period i. th. lo.nae.t, the Kunlcipality oaree. th.t it will no.t" levy or impo.e 'RY re.l or per.onal prop.rty taxes o.r .peci.l uuu_nta upo.n .uch Project or upoa the Local Authortty . .' with reap.ct thereto. Durtna .uch period, the Loc.l Authority th.ll lIlake annual p.}"Iente (herein c.lled ",.yu:.ent. ia Lieu o.f T..u") in Ueu of auch taxes and .peci.l a.......nt. .Dd in p.ymeat for the PUblic ..rvic.. aad f.ciliti.. furni.hed,froa ti.. to t~ .1thou~ other co.t Or charle for o.r with re.pect to .uch-ProJ.ct. ~', ' . , , ~ '- " . (b) Each such annusl Payment in Lieu o.f Taxes shall be made after the end of the fiscsl year established for such Project, snd shall be in an amount equal to. either (i) ten percent (107.) of the sggregate Shelter Rent Charged by the Local Autho.rity in respect to. such Project during such fiscal year, or (ii) the amount permitted to. be paid by applicable State lsw in effect qn'the date such payment is made, whichever amount is the lower. (c) The Locsl Authority shall distribute the Psyments in Lieu of Taxes among the Tsxing >>odies ia the propo.rtioa which the real pro.perty taxes which would have been paid to each Taxing Body for such yesr if the Project were ao.t exempt from taxatio.n bears to the total real pro.perty tsxes which would have been paid to. sll Tsxing Bodies fo.r such year if the pro.ject were ao.t exempt from taxstio.n; Provided, however, Thst no psyment fo.r any year shall be 1lI8de to. say Tsxiag Bo.dy ia exces~ o.f the amount o.f the real property taxes which. would have been psid to. such Taxing Body fo.r such yesr if the pro.ject were ao.t exempt from taxation. (d) Upo.n failure o.f the Local Autho.rity to make any Psymeat in Lieu of Taxes, no liea,agsinst aay Project or assets of the Lo.cal Authority shall attach, ao.r shall sny interest or penalties accrue o.r attsch on accouat thereof. 4. The Municipality agrees that, subsequent to the date of initiation (ss defined in the United States Housina Act o.f 1937, as amended) of esch Project and within five years after the completio.n thereo.f, or such further period as may be ' spproved by the Go.vernment, there has been or will be eliminatio.n (as approved by the Government) by demolitioa, condemnation, effective plo.sing, or compulsory repair or improvement, o.f uasafe or insani~siy dwelling units situated in the locality or metropolitan area in which such Project is located, substantially equal in number to. the number of newly constructed dwelling units provided by such Project; Pro.vided, That, where more thsn one family is living in an unsafe or insaaitsry dwelling unit, the elimination of such unit shall count as the eliminatioa of units equal to the number of families accommodated therein; and Provided, further, nlat, this paragraph 4 shall not apply in the case o.f (i) any pro.ject develo.ped on the site of a,Slum cleared subsequent 'to July 15, 1949. and that the dwelling units eliminsted by the clearance of the site ot such Project shall not be couated as eliminatio.n for any other pro.ject o.r sny o.ther law-rent housing project, or (ii) aay ?ro.ject locsted in . rural nonfarm area. 5. During the period commencing with the date o.f the scquisitio.a of sny part of the site or sites of any pro.ject and continuing so long ss either (i) such Project is owaed by a public body or governmental agency'snd is used for law-rent housing purposes, or (ii) sny contract between the Local Authority and the Government for loans or annusl co.ntributions, or both, in co.nnection with such Project remains in force and effect, or (iii) any bonds issued in connection with such Project or aay monies due to the Go.vernmeat in connection with such Project remaia unpaid, which- ever period is the longest, the Municipality witho.ut cost or chsrge to the Local Autho.rity or the tenants of such Project (o.ther than the Psymeats in Lieu o.f Taxes) shall: ' (a) Furnish or csuse to be furnished to the Local Authority and the tenants o.f such Project public aervi~es and fscilities of the same character and to. the ssme extent as sre furnished from time to. time without cost o.r charge to o.ther dwellings and inhabitants in the Municipality; (b) Vacate such streets, ro.ads., and alleys within the area of such Project as may be aecessary in the development thereof, snd convey without charge to the Local Authority such interest as the Municipality may have ia such vacated areas, aad, inso.far as it is lawfully able to do so without Co.st or expease to. the Local Autho.rity or to the Munici- pslity, csuse to be r~moved from such vacated areas, inso.far as it may be aecessary. a~l public o.r private. utility liaes end equipmeat; .. -2- :>"'.,. ...,.,.', T'o' ,"" .' . 9' .. . (c) Insofar ss the Muaicipality may lawfully do so., (i) graat such deviations fr01ll the building co.de o.f the Municipality as are reason- able and necessary to. promo.te eCo.n01llY snd efficiency ia the develop- ment and administratio.n o.f such pro.ject; and a~ the same time safe- guard health and safet'y, and (ii) make such changes ia sny zo.ning of the site and surrouading territory of such Project as are reasonable and necessary fo.r the developmen~ and protectio.a o.f such Project sad the surro.unding territo.ry; , (d) Accept grants o.f essements aecessary for the develo.pment o.f auch l'ro.ject; and (e) Coo.perate with the Local Authority by such o.ther lawful sctio.n o.r ways ss the Municipality snd the Lo.cal Autho.rity may fiad aecessary ia cOllllectio.n with the developmeat aad admiaiatratio.a of such Pro.ject. 6. In respect to. any Project the Municipality further agrees that'within a reaso.nable time after receipt o.f a writtea request therefor fr01ll the Locsl Authority: (a) It will accept the dedicatio.a of all interio.r streets, roada, alleys, aad sdjsceat sidewalks withia the area of such pro.ject, to.gether with all storm and sanitary sewer maias in such dedicsted aress, sfter the :Local Authority, at .its owa expense, has cOlllpleted the grading, improvement, paving, aad instsllatio.a thereof ia accordance with specifications acceptable to the Muaicipality; (b) It will accept necessary dedicatio.ns o.f land fo.r, aad will grade, improve, pave, aad provide sidewalks for, all streets,bouading such Project o.r necesssry to. provide adequste access thereto (in co.nsidera- tion whereo.f the Local Autho.rity shall pay to. ~e Municipslity such amount as wo.uld be assessed sgsiast the Project site fo.r such work if such site were privately owned); aad (c) It will provide, o.r cause to be provided, wster mains, and storm snd sanitary sewer maias, leading to such Project and serving the bounding streets thereo.f (in consideration whereof the Local Authority shall pay to the Municipality such amount as would be sssessed against the Project site fo.r such work if such site were privstely owned).' 7. If by reason of the Muaicipality's fsilure or refusal to.'furnish or csuse, to be furnished any public services o.r facilities which it has, agreed hereunder to. furnish or to cause to be furnished to the Local Autho.rity or to the tenants of sny Project, the'Local Authority incurs aay expease to obtain such services or facilities thea the Local Authority may deduct the amount of such expense fr01ll any Payments in Lieu of Taxes due or to. bec01lle due to the Municipality in respect to. any Project or any o.ther low-rent housing pro.jects owned o.r operated by the Local Authority. 8. No Cooperatio.n Agreement heretofore entered into between the Municipality and the ':Local Authority shall be co.nstrued to. spply'to aay pro.ject covered by this Agreement. 9. So long as sny contract between the Local Authority and the Government for loans (including preliminary lo.ans) or annual contributions, or both, in connection with any Project remains in fo.rce and effect, o.r so lo.ng ss any bonds issued in connection with any Project or any mo.niea due,to the Government in connection with , any Project remain unpaid, this Agreement shall no.t be abrogated, changed, or mo.di- fied without the consent of the Governmeat. The privileges and obligations o.f the Municipality hereunder shall remain in full force and effect with respect ~o each, Project SO long ss the beneficial title to. such pro.ject is held by the :Local Author- ity or by the Government o.r by any o.thEr plbl1c body o.r govermnental sgeacy authorized by law to engage ia the development or administratioa of lo.w-rent ho.using pro.jects. If at any time the beneficisl title to., o.r possession of, any Project is held by the Government, other public body Gr. governmental agency, the provisio.as hereof shall inure to. the benefit o.f and may be eaforced by the GovuDIIIllnt, such o.ther public body o.r governmental ageacy. , , . .' -3- . ~, ,. . ,'-~.'. t !Ie. ......_...-;.,'. ,;",.. " ~'!Wt.... ~ . --:f . IN WITNESS WHEREOF, the )lunidpll1.1ty lInd the toed Authority have respectively signed this Agreement and caused their aeal. to be affixed and attested as of the day alld year fi,rst above wdtten. (SEAL) Attest: (SEAL) Attest: . , -J, By la/ , MlIyor /s/ (Title) ROUSING AllTBORm OF . By' /s/ Cha irlllllzl /s/ Secretary " -4- . , . '.'f ,.(.,',,'{:U-,,."""'''-'''''i .;', '., ".-: 'i ',~ \i --'..1';,,''''': ..,.<. '"l "i' '.-'. . .' ..;' ':' "'. .'t' ,._~,,,.. {N-'~ ''',,;~ ~,~... -. . ~ ','r'. ';I:'". . ' .' '~:.:"7 ,..O.~'.'.' - , , .' ~; :;. '; (C1081D8 M1l1Utes--c1'l.yf'lO'ln1) po, '" <!l 1'be Resolution Y88 reaa in full, c0D81c1erec1 and 41sCD8sed. IIIOVed lts adOpt1on III:ld Mr. Mr. 8ecOIlC1ed the IlOUOI1. On 1"011 ~ tbtI :toUowtIJ& vote .. reco:rc1e4: ADS: , ' !fA'!S : 'lbereupon the Resolution .. declanKl 4u.1,' ad01'ted &zl4 passed. AJIJOURl\lMBIT: Meet1D& ~0\IrDl!ld at 9: 00 0 'Clock p. II. Bnwv....,: (SEAL) ~fii!:.1:1 piohard A!'SST: . .-di~ -'~!tV .e... t7. 'Cierlt City Secretary, ' G. W. :Pickrell q:ellTI'IICATE I, G. W. Pickrell , (Secretazoy)(acmQ of'the Clty (n.....) ot Schertz , hereb1' certify that I have COIIlp&1'ed the -~K extract. 1'l'aa the II1Dute. ot tbe (Ji@~(epeelaJ,) lIIlet1D& ot the City Council ot 8&14 City ~) held on the 16th II8T ot October, " 1969 , With the orip.aal1lbereo:t, recorded in the otft~lal lI1.nute book, ana that it 18 a correct tratulCript tbere:trora and t4 the whole ot IIa14 ori8iDal. tbat tile ","'~Wd extract ot thelll1Dutes ot tbe meet1D& ls a true and OOlIIplete t1'arl8cript ot such lII1n1ltes and that the :Resolutlon COD~De4thereln 111 a true, cOIIIplete, and accurate cow of the Resolutlon adopted at said. meet1Dg. IN lu.1."1U5$S 'l(mw.r, X baWbere\ll1to set rq hab4 arad. the Seal ot tbe C1t7 ('1'o1nr) Of' Schertz , this ~ ot , 1969 . (SEAL) ~)J1. Q ;~~f.e Secretar,1- Cler1t) G. W. Pickrell A'l'TOlUU:I 'S . CEltJ:U'lCA1'E ABDOPIlfIQ. I, tbe Wlderalanecl Clty (~) Attorney tor the Clty ~) ot Schertz, Texas, do hereb1' certity thet I have"-"'''-d tbe ,attached extract 1'rora 1I1e regulAr/ar-&aJ..lIIeetilll ot the City COuncil ot the C1t7 ('1!owD)= ot Schertz. .. , held on October 16 . 1969 . and lt 18 my Oplnion that tbe U01'esald. meet1ns vas duly and legally held and that tbe llesOlutloD8 cODta~ne4 thereln were d.u1T ana regulArly' adopted b1' SUCh aovern1qt ~ ln cCllllpl1ance With the lava ot the State ot Texas , and. are IlOt sub.. Ject to ref'erell4ua or tbe t1llle tor t1U~ a petition tor retezoencbla baa exp1red. .. .. cley Attorney Edgar M. l)uncan .. .;- .< -'ij'.', ".' ~.". ../>., .._~"."