74-U-20
ORDINANCE NO.
7.?/- /) - ;)-0
AUTHORIZING THE MAYOR TO EXECUTE A FOURTH
AMENDED COOPERATION AGREEMENT WITH THE
URBAN RENEWAL AGENCY OF THE CITY OF SCHERTZ
IN CONNECTION WITH AN URBAN RENEWAL PROJECT
TITLED BUFFALO VALLEY NORTH PROJECT, TEX.
R-112.
WHEREAS, the City desires to enter into an agreement
with the Urban Renewal Agency of the City of Schertz for
the purpose of expediting and assuring the completion of
the Urban Renewal Project, Buffalo Valley North Project,
Tex. R-112, located within the city limits of the Cit~
of Schertz, Texas; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ:
SECTION 1. The Mayor is hereby authorized to execute
a Fourth Amended Cooperation Agreement with the Urban Renewal
Agency of the City of Schertz, for the undertaking and com-
pletion of the Urban Renewal Project, Buffalo Valley Nprth
Project, Tex. R-112, within the City of Schertz, Texas.
SECTION 2. The Fourth Amended Cooperation Agreement,
attached hereto and made a part hereof, is hereby apprbved.
SECTION 3. In accordance with the provision of Section
4.09 (f) of the City of Schertz Charter, this Ordinance is
passed and approved on first reading as an emergency m~asure.
An emergency measure is necessitated by the possible detri-
mental effect on the extension of the Urban Renewal Prbgram
application that would be caused by the delay of the normally
required second reading of this ordinance.
PASSED, ADOPTED AND APPROVED on this the
1nav- ' 1974.
)} JJ day of
WfJ ,~,L ,
~ayor, City 0 Schertz-, Texas
ATTEST:
A
Secretary, City of Schertz
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J."J.::ral
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FOURTH fu~NDED COOPERATION AGREE~mNT
THIS AGREEMENT made and enteredcinto this day of
, 1974, by and between the URBAN RENEWAL AGENCY
~HE CITY OF SCHERTZ, TEXAS (hereinafter referred to as the
"Agency"), and the CITY OF SCHERTZ, TEXAS, a municipal corpora-
tion (hereinafter referred to as the "City"),
WIT N E SSE T H:
WHEREAS, the Agency with the aid of the cooperation of the
City proposes to undertake and carry out an urban renewal program
in the City of Schertz, including but not limited to, the so-
called Buffalo Valley North Urban Renewal Project, Project No.
Tex. R-112 (hereinafter called the "Project") in accordance with
the Urban Renewal Plan therefor approved by the City Council, and
bearing date of March 31, 1969, and as amended by Minor Amendments
Nos. 1, 2 and 3, and pursuant to the provisions of the laws of the
State of Texas as hereinabove referred to; and
~~EREAS, the Agency proposes in carrying out the Urban
Renewal Plan for said project to acquire certain properties
and improvements thereon within the project area, as provided
for in said Urban Renewal Plan; and
WHEREAS, the Agency proposes to enter into a Loan and Grant
Contract with the Department of Housing and Urban Development,
an agency of the United States of America, providing for finan-
cial assistance pursuant to Title I of the Housing Act of 1949,
as amended, for the purpose of carrying out the provisions of
the Urban Renewal Plan, as follows:
(1) A loan in an amount sufficient to enable
it to defray the gross cost of the
Project, but not exceeding ................. $2,542,511.00
(2) A Project Capital Grant in an amount,
but not exceeding .......................... $2,258,499.00
(3) A relocation grant in an amount, but
not exceeding .....................~~..~.... $ 128,652.00
(4) A rehabilitation grant in an amount,
but not exceeding .......................... $ 71,474.00
WHEREAS, the City desires to provide "local grants-in-aid"
in connection with said Project and has heretofore indicated its
intention to ~o'so in a resolution approving said Urban Renewal
Plan for said Project;
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NOW, THEREFORE, in consideration of the mutual covenants
hereinafter set forth the Agency and City agree as follows:
1. The Agency agrees to proceed diligently and forthwith
with all necessary actions, works and undertakings to carry out
the proposed and approved Buffalo Valley North Urban Renewal
Project in the following described Project area, and other 'areas
as may be designated and approved, to carry out and fulfill the
proposed Loan and Grant Contract specifically between it and the
United States of America, acting by and through the Secretary
of Housing and Urban Development, said Project area being identi-
fied as the Buffalo Valley North Urban Renewal Project, Project
No. Tex. R-112, situated in the City of Schertz, Guadalupe
County, Texas, and such other projects as may be approved, this
Project being specifically described in Exhibit "A" attached hereto.
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(7) Furnishing of traffic control and street
name signs, and mounting posts within
Project area nec~ssitated by construction
of new streets at a total cost of $3,111.00
for a credit'to the Project of $3,111.00.
(8) Construction of a ball park in the park
area of the Project at a total cost of
$6,800.00 for a credit to the Project of
$6,800.00.
(9) Construction of a Police Department Building,
including necessary land acquisition for a
total cost of $30,000.00 for a credit to the
Project of $7,500.00.
In addition to the above-itemized public and supporting facilities
heretofore provided in connection with said Urban Renewal Project,
it is understood and agreed that the City of Schertz will timely
provide the following non-cash grants-in-aid, to-wit:
(c) The City hereby specifically obligates itself
and agrees it, will provide one-~ourth (1/4) of the net
Project cost incurred in undertaking and carrying out of
the Project. If for any reason additional local grants-
in-aid are required for the provision of such one-fourth
(1/4) part of the net project cost, including a failure
to provide or establish grant-in-aid credit to the satis-
faction of the Secretary of the Department of Housing and
Urban Development in connection with any of the above
identified constructed or proposed non-cash local grant-
in-aid items, the City hereby agrees to contribute to the
Project in cash such additional amount as may be required
to cover the deficit in required local grants-in-aid when
and if the same shall be required.
(d) The City agrees to accept dedication from the
Agency of Disposition Parcels Nos. 44-5, 54-6, 17-5 and
43-2 and Agency agrees to provide thereon eligible item
improvements for park and playground purposes in connection
with said dedication.
(e) The ~ity agrees to accept dedication of all streets,
alleys and other rights-of-way to be constructed and improved
in accordance with the Urban Renewal Plan.
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(f) The City agrees to enforce by proper action the
provisions,of all municipal codes and ordinances relating
to the health, welfare, safety, good living conditions,
and the prevention of slum or blighted areas in the City
of Schertz, and particularly in the above-described Urban
Renewal area and to continue such enforcement in the interest
of the continuing success of the Project. The City further
agrees in this connection to zone and rezone, as may be
appropriate, the Urban Renewal area in conformity with the
Urban Renewal Plan and not in conflict with said Plan. The
City further agrees to vacate and close such streets, alleys,
and other public rights-of-way as are required to be closed
by said Plan and to take such other action as may be necessary
to give full effect to the carrying out of said Urban Renewal
Plan.
(g) The City further agrees to cooperate with the
Agency in all reasonable respects to such extent as may
be necessary and required to bring the Buffalo Valley North
Urban Renewal Project, Project No. Tex. R-112, to a final
and successful completion.
3.
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2. The City of Schertz agrees, pursuant to and within the
procedures required by all applicable State laws, City Charter
and Ordinances, to provide local grants-in-aid and to cooperate
otherwise in the undertaking, carrying out and completion of said
Urban Renewal Project in accordance with the approved Urban
Renewal Plan therefor, in all respects, including but not limited
to, the following:
(a) The City obligates itself to take all necessary
steps to appropriate properly and to contribute to the
Agency any monies which may accrue or come into its hands
from any source which shall be proposed by the City as a
cash contribution to the Project, if any, such monies to
be deposited in the Project expenditures account maintained
by the Agency in connection with the Project.
(b) It is understood that the City of Schertz is
obligated to the payment of one-fourth (1/4) of the net
Project costs incurred in connection with the undertaking,
carrying out, and completion of said proj ect. -In this
connection the City proposes non-cash local grant-in-aid
credit to be allowed for the following public utilities
and facilities heretofore provided and constructed within
the Project area or within its vicinity, to-wit: (the
following are only examples):
(1) Samuel Clemens High SChool, provided
by the Schertz-Cibolo-Universal City
Independent School District at a cost
of $1,812,913.00 and for a credit to
the Project in the amount of $402,467.00,
plus additions to Samuel Clemens High
School of $275,355.00 for a credit to
the Project in the amount of ~6l,129.00.
(2) Additions to O'Henry Junior High school
including air conditioning improvements
in the total amount of $322,171.00 for
a credit to the Project in the amount of
$71,521.00.
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(3) Additions to Schertz Elementary School
including air conditioning improvements
in the total amount of $282,853.00 for
a credit to the Project of $l41,426.00.
(4) Remodeling and additions to City Hall in
the amount of $6,902.00 for a credit to
the Project of $1,726.00; and construction
of a fire station in the amount of $15,161.00
for a credit to the Project of $3,790.00,
and additional improvements to the fire
station in the total amount of $13,421.00
for a credit to the Project of $3,358.00.
(5) Construction of a water storage and dis-
tribution system within the Project area
at the total cost of $134,399.00 for a
credit to the Project of $48,006.00.
(6) Relocation of fire hydrants, water and
sewer services brought about by the widening
and construction of new streets in the Project
area at a total COSt of $1,999.00 for a
credit to the Project of $1,999.00.
2.
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(h) The City of Schertz recognizes Title VI. of the
Civil Rights Act of 1964 and the regulations and policies
of the Department of Housing ana Urban Development effectu-
ating said Title prohibitin~ discrimination on the grounds
of race, sex, religion, color, or national origin in the
policies and practices of any public facilities, eductional
institution or hospital responsible for proposed credit to
the locality's share of the cost of an Urban Renewal Project
receiving financial assistance from the United States. The
City hereby specifically agrees that any and all public
facilities heretofore constructed and those to be constructed
for which non-cash local grant-in-aid is sought by the City,
will be available to and serve all persons .rithout regard
to race, color, religion, sex or national origin.
IN WITNESS WHEREOF, the City and the Urban Renewal Agency
have caused these presents to be executed and has caused the signa-
ture of their duly authorized officers to be attested and the seal
of such respective public bodies to be affixed on the date herein-
above first provided.
ATTEST.:
~.~AAL ~ --8. /~n~",/> 0 _
, City Clerk
CrTY OF SCHERTZ, TEXAS
By ~~ ~/
, MAYOR
URBAN RENEWAL AGENCY OF THE
CITY OF SCHERTZ, TEXAS
ATTEST:
By
~A~ ~P~.~
Chairman
~cA/~.~
Secretary
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EXHlE'r ."A"
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DZSCllIFTION OF PROJECT AREA
BUIT,uo VAllEY NORTH PROJECT - TEX. R-112
BEGTI~ITNG at the intersection of the centerlin~ of Cibolo Creek and the
north rig{rt-of-'Tay line of State Highway 78;
THENCE in a north.esterly direction along the certerline of eibolo Creek,
said line also being the city limit of Schertz, to a point intersecti11g
the extension of the east right-of-way line of Poplar Street, said line
also being an extension of the property lino between a parcel of land
v.med by the Southern Pacific Railroad and a parcel owned by Schertz,
Classen and Rowell;
THENCE in a northwesterly direction along said property line to a point
intersecting the southwest right-of-way line of FH 1518;
,
THENCE in a nortlr..esterly direction along the south'"est right-of-way line
of E1 1518 to a point intersecting the extension of the north right-of-
way line of Hitchell Avenue;
THENCE in a northeasterly direction along the north righ-of-way line of
Hitchell Avenue to a point intersecting the west right-of-way line of Oak
Street;
THENCE in a nortlr"esterly dirBction along the west right-of-way line of
Oflk Street to a point intersecting an extension of the north right-of-way
line of tho allay bet-"een Aviation Avenue and i'laple Drive,
THENCE in a northeasterly direction along said alley line to a point inter-
secting tho east right-of-way line east of Olcstnut Drivu;
Tl:lENCE in a southeasterly dL-ection along said alley line to a point
intersecting the north right-of-way line of tho United Gas Pipeline
Ccmpa.'lY easement;
THE::CE il1. a northeasterly direction along tho north rig.l1t-of-way l:L'10 of
said casement to a point intersecting the extension of the ~cst right-of
WXI line of ltlillia.1l5 Strcot;
THEi-iCE in u southeasterly direction clang said c:ctcnsicn of the west right-
of-way lino of Uilli=s Street to a point intersecting the north rig.l1t-
of-way line of llirtiss Avenue;
THENCE in a northeasterly diroction along the north right-of-,.ay line of
Curtiss Avanuc to a point intersecting tho east right-oi-way line or Live
Oak Hoad,
TEENCE in a sOutheasterly diroction along said line to a POil'lt intersect-
ing the north rig..'1t-of-way lino of State Highw<lY 78;
T}S~rc:E J....l. a s011th~'1'csterly direction along the north right-of-w2.Y line of.
State EiglTAay 78 to a po:int of beg:L'lIling.
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A RESOLUTION
APPROVING AND AUTHORIZING THE AGENCY'S CHAIRMAN
TO EXECUTE A FOURTH AMENDED COOPERATION AGREEMENT
WITH THE CITY OF SCHERTZ IN CONNECTION WITH AN
UREAl\! RENEWAL PROJECT TITLED BUFFALO VALLEY NORTH,
TEX. R-ll2 WITH THE CITY OF SCHERTZ.
WHEREAS, the Agency desires to enter into an agreement with the City
of Schertz for the purpose of expediting and assuring the completion of
the Urban Renewal Project titled Buffalo Valley North Project, Tex. R-112
located within the city limits of the City of Schertz, Guadalupe County,
Texas; and
WHEREAS, the Agency proposes to file a Fourth Amendatory Application
for Loan and Grant which necessitates amending the existing Cooperation
Agreement between the Agency and the City of Sc;hertz; and
WHEREAS, said Fourth Amended Cooperation Agreement is attached hereto,
marked Exhibit "A" and made a part hereof and it is the recorrnnendation of
the Executive Director that the Agency enter into this Amended Agreement
with the City of Schertz; now, therefore
BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL
AGENCY OF THE CITY OF SCHERTZ:
1. The Fourth Amended Cooperation Agreement attached hereto and
marked Exhibit "A" is hereby approved.
2. The Agency's Chairman is hereby authorized to execute said Fourth
Amended Cooperation Agreement with the City of Schertz for the undertaking
and completion of the Urban Renewal Project titled Buffalo Valley North,
Tex.' R-112 within the City of Schertz, Guadalupe County, Texas.
PASSED AND APPROVED this 13th day of ~, 1974.
~~~I
Vice- airman
ATTEST:
~/y: t1~~
. Secretary
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Resolution No.
240