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ORDINANCE NO. 274 , , .' TT:ge 1-2-1-1 10-12-72 AN ORDINANCE -#-Q7'/ AUTHORIZING THE MAYOR TO EXECUTE A SECOND 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 City 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 Second Amended Cooperation Agreement with the Urban Renewal Agency of the City of Schertz for the undertaking and completion of the Urban Renewal Project, Buffalo Valley North Project, Tex. R-112, within the City of Schertz, Texas. SECTION 2. The Second Amended Cooperation Agreement is attached hereto and made a part hereof. PASSED AND APPROVED this ~ day of J!pJ/gl11,(JEIIe , 1972. r1"/~/~/ MAYOR rrT: / ~ ;;; ~y Secretary Ordinance No. ~7+1 <. .. , , EXHIBI;T "An DESCRIPTION OF PRDJECT AREA B1JFFAI.O VALLEY NORTH FP..QJECT - TEX. R-112 BEGINNING at the intersection of the centerline of Cibolo Creek and the north right-of-Hay line of State Highway 78; THENCE in a northwesterly direction along the car-terlino of Cibolo Creek, said line also being the city limit of Schertz, to a point intersecting 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 a:;ned by the Southern Pacific Rail.road and a parcel owned by Schertz, Classen and Rowell; THENCE in a northwesterly direction along said property line to a point intersecting the soutlr.iest right-of-way line of EM 1518; THENCE in a norttr"esterly direction along the southwest right-of-way line of Fl1 1518 to a point interseoting the extension of the north right-of- way line of Mitchell Avenue; THENCE in a northeasterly direction along the north righ-of-way line of llitchell Avenue to a point intersecting the wst right-of-way line of Oak Street; THENCE 1.'1 a northwesterly direction along the west right-of-way line of O~'<: Street to a point intersecting an extension of the north right-of-way li"1e of the alloy between Aviation Avenue and Maple Drive, THENCE L.'l a northeasterly direction along said alley line to a point inter- secting tho east right-of-way line east of Chestnut Drivu; T:"IEiICE in a southeasterly direction aJ.ong said alley line to a point intersecting the north ri~~t-of-way line of the United Gas Pipeline Company easement;, T?:ENCE in a northeasterly direction along the north right-of-way line of said easement to a point intersecting the extension of the wst right-of wD:;{ line of Williams Street; THENCE in a southeasterly direction along said extcnsion of the west right- of-way lino of Hilliams street to a point intersecting the north rig.'lt- of-w?:y line of Curtiss Avenue; THENCE in a northeasterly direction along the north right-of-way line of Cu.."i;iss Avenue to a point 1.'1tersecting the east right-of-way line of Live Oa..~ Road; THENCE in a southeasterly direction along said line to a point intersect- ing the north right-of-wa;y line of State Highway 78; THENCE in a south"esterly direction along the north right-of-'.ay line of. State Higrr~ay 78 to a po1nt of beginning. ....""'.... .-. .... .... .... u........._ ........, .J...., #..... , SECOND AMENDED COOPERATION AGREEMENT THIS AGREEMENT made and entered into this ~ day of tf'!tJi.lc-/Y?,e!tte' , 1972, by and between the URBAN RENEWAL AGENCY OF THE CITY OF SCHERT~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 and cooperation of the City proposes to undertake and carry out an urban renewal pro- gram in the City of Schertz, including but not limited to, ~~e 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 Ninor Amendment No.1, and pursuant to the provisions of the laws of the State of Texas as hereinabove referred to; and WHEREAS, 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 financial assistance pursuant to Title I of the Housing Act of 1949, as amended, for ~~e purpose of carrying out the provisions of the Urban Renewal Plan, as follows: (I) A loan in al'l amount sufficient to enable it to defray the gross cost of the Project, but not exceeding......................... ($2,443,396 .00) (2) A Project Capital Grant in an ~~ount, but not exceeding .............................{$1,797,246.00) (3) A relocation grant in an amount, but not exceeding ... ....... ......... ............. .($ 295,350.00) (4l A rehabilitation grant in an amount, but not exceeding .............................{$ 307,500.00) WHEREAS, the City desires to provide "local grants-in-aid" in connection with said Project and has heretofore indicated its intention to do so in a resolution approving said Urban Renewal Plan for said Project; NOW, THEREFOP~, in consideration of the mutual covenants hereinafter set forth the Agency and City agree as follows: 1. Tne Agency agrees to proceed diligently and forth- wib, with all necessary actions, works and undertakings to carry out the proposed and approved Buffalo Valley Nor~~ 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 t~e United States of k~erica, acting by and through the Secretary of Housing and Urban Development, sdid 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 Ex..l1ibit "A" attached hereto. 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 tl1erefor, 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 moneys 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 moneys to be deposited in the Project expenditures account main- tained 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 Project. 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 Sche=tz-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 $61,129.00. (2) Addi tions to 0 'Henry Junior High School in the amount of $138,883.00 for a credit to the Project in the amount of $30,832.00. (3) Additions to Schertz Elementary School in the amount of $115,772.00 for a credit to t~e Project of $57,886.00. (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. (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 b~e Project of $48,006.00. (6) Relocation of fire hydrants, water and sewer services brought about by the widen- ing 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. (7) Furnishing of traffic control and street na~e signs, and mounting posts wit~in Project area necessitated by construction of new streets at a total cost of $2,243.00 for a credit to b~e Project of $2,243.00. 2 In addition to the above-itemized public and supporting facili- ties 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-fourth (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 and 54-6. (e) The City agrees to purchase during its fiscal year 1973 (October 1, 1972 to Septerober 30, 1973) the following disposition parcels from Agency for Public Recreational Use as set forth in the Urban Renewal Plan, said pur~~ase price to be based upon two independent fee appraisals and approved by Agency's Board and HUD: Disposition Parcel 17-5, Disposition Parcel 43-2. The City agrees to construct the following improvements upon said parcels during ~he fiscal years and for the estimated costs indicated: (I) Fiscal Year 1974 - Restoration of ~~e existing building within the park area into a Parks Administration Office and Teen Center at an estimated cost of $3,000.00. (2) Fiscal Year 1975 - Development of picnic area, installation of sprinkler systems and landscaping at an estimated cost of $7,500.00. (3) Fiscal Year 1976 - Park lighting, beautifi- cation program {additional landscaping, walking paths, monumental decoratingland installation of minor sports activities (shuffle board and basketball facilities) at an estimated cost of $9,000.00. (4) Fiscal Year 1977 - 1978: Development con- tingent upon bond issue for financing to include swimming pool, park pavilion, central concession stands, parking areas at an estimated cost of $300,000.00 to $400,000.00. (f) The City 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. (g) The City agrees to enforce by proper action the provisions of all municipal codes and ordinances relating to the healb~, welfare, safety, good living conditions, 3 .. Z' , 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 Rene~'lal Plan. (h) 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-ll2, to a final and successful completion. (i) The City of Schertz recognizes Ti tIe VI. of the Civil Rights Act of 1964 and the regulations and policies of the Department of Housing and Urban Development effectu- ating said Title prohibiting discrimination on the grounds of race, color, or national origin in the policies and practices of any public facilities, educational institu- tion 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 pub- lic 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 without regard to race, color, religion, sex or national origin. IN WITNESS WHEREOF, the City and the Urba."1 Renewal Agency have caused these presents to be executed and has caused the signature of their duly authorized officers to be attested and the seal of such respective public bodies to be affixed on the date hereinabove first provided. ATTEST: o ATTEST: CITY OF SCHERTZ, TEXAS By V~f{~/ CJ/L.-e'/ City Clerk URBAN RENEWAL AGENCY OF THE CITY OF SCHERTZ, TEXAS By$~/~:~ Chairman ~/01~~ Secretary 4