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15-R-03 - Creating the Schertz Main Street Area Preservation Incentive ProgramRESOLUTION NO. 15 -R -03 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS CREATING THE SCHERTZ MAIN STREET AREA PRESERVATION INCENTIVE PROGRAM CITY OF SCHERTZ, TEXAS, AND RELATED MATTERS IN CONNECTION THEREWITH WHEREAS, The City of Schertz desires to protect, enhance, and preserve the historic resources and landmarks which represent distinctive elements of Schertz' historic, architectural, economic, cultural, and social heritage by providing property owners and incentive for protecting their property; and WHEREAS, Stabilize and improve property values; and WHEREAS, Foster civic pride in the beauty and accomplishments of the past, and to promote the use of the historic structures for the culture, education, and general welfare of residents; and WHEREAS, Strengthen the economy of the city by protecting and enhancing the attractiveness of the Main Street area to residents and visitors, as well as provide support and stimulus to businesses. WHEREAS, the Schertz Historic Preservation Committee is in support of this program; NOW THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL O FTHE CIYT OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby creates the Schertz Main Street Area Preservation Incentive Program as outlined in Exhibit "A" — Schertz Main Street Are Incentive Program Summary for eligible properties located within the Main Street Incentive Area as depicted in Exhibit "B" and will be administered using the agreement template as per Exhibit «C„ 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 Government 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 13th day of January, 2015. CITY OF SCUERT TEXAS Michael R Carpenter, Mayor ATTEST: Brenda Dennis, City Sjci"etary (CITY SEAL) Schertz Main Street Area Preservation Incentive Program City of Schertz Section 1.1 Purpose The City of Schertz finds that promoting the enhancement and perpetuation of structures of historical importance and significance are necessary to promote the economic, cultural, educational and general welfare of the public. The area around Main Street in Schertz once served as commercial and social hub of the community. The City seeks to improve the image of the area around Main Street through historic restoration and rehabilitation of structures in the Main Street area to serve as a commercial, social, cultural and tourism hub of the City. The program is intended to: a) Protect, enhance, and preserve the historic resources and landmarks which represent distinctive elements of Schertz' historic, architectural, economic, cultural, and social heritage by providing property owners and incentive for protecting their property; b) Stabilize and improve property values; c) Foster civic pride in the beauty and accomplishments of the past, and to promote the use of the historic structures for the culture, education, and general welfare of residents, and: d) Strengthen the economy of the city by protecting and enhancing the attractiveness of the Main Street area to residents and visitors, as well as provide support and stimulus to businesses. In order to facilitate the preservation of historic structures to promote the economic vitality of the Main Street area as a tourist destination, the City of Schertz is offering incentives that will serve to improve existing properties and businesses within this area. Section 1.2 Administration The program will be administered by the City of Schertz Building Inspections Division. Section 1.3 Eligibility Criteria All of the following eligibility criteria must be met: a) Property must have been constructed more than 50 years prior to the date of application and be designated as a Landmark Property. b) Property must be located within the Main Street Incentive Area. See attached map. c) All taxes and government fees must be current on the property. Section 1.4 Types of Grant Assistance Funding for this program is generated by the Hotel Occupancy Tax (HOT) funds. a) Program assistance is available to owners who make verified exterior improvements (however limited to comprehensive maintenance and rehabilitation painting, roof, windows, foundation, fagade restoration including replacing windows, wall repairs, brick re- pointing, replacing and exposing transom windows; and improvements necessary to stabilize a structure) consistent with applicable codes, or who make verified interior improvements to upgrade interior systems to current building codes (however limited to sanitary sewer lines, fire, HVAC, insulation, electrical, plumbing, or a combination of interior or exterior improvements) and which are approved in advance by the Schertz Historical Preservation Committee and City Council. Grants are available with a cap of $20,000 per property. b) Grants will not be provided for work already completed or which is begun prior to approval of the grant application. c) Funds will be provided on a 50150 matching basis. In kind contributions may be counted toward the match requirement. Section 1.5 Grant Application Procedures At the start of the fiscal year, the city will promote the amount of funding available. Applications will be received throughout the fiscal year, subject to the availability of funds. a) Property owner submit an application along with any required supporting documentation (i.e. drawings, total project cost estimate, photographs, contactor bids, tax certificates, etc.). Applications will be reviewed by the Building Inspections Staff for completeness. b) After submittal of a grant request, a preliminary site visit will be made by the Building Inspections Staff along with the Chairperson of the Schertz Historical Preservation Committee. c) Applications will be reviewed and evaluated by the Schertz Historical Preservation Committee. The Committee will evaluate the application based on the Secretary of the Interior's Standards for Rehabilitation. The Committee's recommendation will be forwarded to the City Council for review and approval. d) City Council will decide which entities qualify for assistance based on the architectural value of their proposed projects to the City of Schertz, the compatibility of the proposed projects with the Main Street Area, and the cost effectiveness of the proposed project in relation to the proposed amount of the grant. e) The property owner and City will execute a Grant Agreement detailing the obligations of the grantee, the method and timing of reimbursement, and outlining the scope of work eligible for reimbursement. f) Work must be completed within one year from the date of execution of the Grant Agreement, however; the Historical Preservation Committee may grant an extension of up to one year. 2 of %/o /i „ AM r ` im oil X .�"0c0' %f/ J n f n u ¢ A 5. ., rr , y S /rr , NY \,14v / WW /iii /ate /�� i r \\ iii //J "� c� a ✓ /�� // car r NO / r� ,yo /i � , �"��" "�y � "a ±�`^� ,�" � tea,° ;�,�r°` ✓^ ,- � °e °` 'q" �'^''" "4y"�i Nm "" �,•�✓�+ �, ° /ems °' w''�u �,.,'��, �r�c"" r 1,b�y „ ✓`� r ,.”" �� W Z (� z a � Q1 o am E t� � O QD CO d o N O C O _C: V o N C NO zN CA U G C) N Cn it ml. STATE OF TEXAS § COUNTY OF BEXAR § HOTEL TAX FUNDING AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND FOR EXPENDITURE OF HOTEL OCCUPANCY TAX FUNDS This Hotel Tax Funding Agreement (AGREEMENT) is made and entered into by and between the City of Schertz, Texas (CITY) and , (ENTITY) WHEREAS, the ENTITY has developed a proposal to ;and WHEREAS, the City of Schertz finds that promoting the enhancement and perpetuation of structures of historical importance and significance are necessary to promote the economic, cultural, educational and general welfare of the public; and the City Council of the City of Schertz desires to provide Hotel Occupancy Tax revenues to NOW, THEREFORE, it is mutually agreed by and between the CITY and ENTITY as follows: GENERAL PROVISIONS Section 1. Purpose. The purpose of this Agreement is to provide funding to the ENTITY for the project identified in the attached Exhibit "A" (the "Project "), the intent of which is to protect, enhance, and preserve the historic resources and landmarks which represent distinctive elements of the City of Schertz' historic, architectural, economic, cultural, and social heritage by providing property owners an incentive for protecting their property; stabilize and improve property values; foster civic pride in the beauty and accomplishments of the past, and to promote the use of the historic structures for the culture, education, and general welfare of residents, and strengthen the economy of the city by protecting and enhancing the attractiveness of the Main Street area to residents and visitors, as well as provide support and stimulus to businesses. PAGE 1 OF 5 Section 2. Obligation of the ENTITY. The ENTITY shall use all of the awarded funds provided by the CITY in accordance with Chapter 351 of the Texas Tax Code, the ENTITY'S funding application, and the attached Exhibit "A ". Section 3. Reporting Requirements of the ENTITY. The ENTITY shall deliver a detailed accounting of the expenditures for the Project within thirty (30) days after completion of the Project (the "Post Event Report"). The Post Event Report shall include copies of receipts and other documents establishing the expenditures for the project. The CITY shall not make reimbursements for expenditures where no receipt or invoice is provided. Partial or incomplete reports will not be accepted. Section 4. Authorization of Payment. Subject to the ENTI1 compliance with the terms of this AGREEMENT, the CITY agrees. percent (50 %) of the Project from hotel occupancy tax funds. Paymf (45) days of acceptance of the complete Post Event Report. Partial accepted. Only expenditures that meet Chapter 351 ' of the Tax Code reimbursed. Section 5. Appeal Process. Any I present their appeal in writing within ten (h Section 6. Rights. The City of S records of the ENTITY that may relate to expenses, has the right to conduct an audit of Section 7. T The A VS satisfactory performance and to pay the ENTITY up to fifty nt will be made within forty -five )r incomplete reports will not be and this AGREEMENT shall be the decision of the CITY must denial. right, at any time, to inspect the books or this AGREEMENT. The CITY, at its sole become effective as of the date entered below. ffective date or once the terms have been met, Section 8. Indemnification. The ENTITY agrees to defend, indemnify and hold harmless the CITY, its officers, agents and employees, against any and all claims, lawsuits, judgments, cause of action, costs and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by the ENTITY's breach of any of the terms or provisions of this AGREEMENT, or by any negligent act or omission of the ENTITY, its officers, agents, servants, employees, contractors, or subcontractors, in the performance of this AGREEMENT; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of the CITY, its officers, agents, employees or separate contractors, and in the event of joint and concurrent negligence of both the ENTITY and the CITY under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Both parties expressly agree that this AGREEMENT does not assign any responsibility for civil liability to the City of Schertz that may arise by virtue of this AGREEMENT. Section 9. Termination. A party may terminate this AGREEMENT in whole or in part if the PAGE 2 OF 5 other party fails to comply with a term of the AGREEMENT, including the inability of the ENTITY to conform to any change required by federal, state or local laws or regulations; or for the convenience of either party. The terminating party shall provide written notification to the other party of the decision to terminate this AGREEMENT within thirty (30) days before the effective date of termination. A party may terminate the AGREEMENT for breach of any provision of this AGREEMENT, upon written notice of the breach and the breaching party shall have ten (10) days after receipt of the written notice in which to cure the breach to the satisfaction of the non - breaching party. Section 10. Notice. All notices required or permitted under this AGREEMENT shall be in writing and shall be delivered in person or mailed as follows: to the CITY at: City of Schertz Attention: City Manager 1400 Schertz Parkway Schertz, TX 78154 (210) 619 -1000 To the ENTITY at: [Name of (Attention: ] [Address: ] [Mailing address [City, State, ZIP] [Telephone numl parties rega AGREEME executed by Section 12. 1 party's governing body is AGREEMENT constitutes the entire agreement of the �d herein. The parties may not modify or amend this approved by the governing bodies of each party and duly s AGREEMENT has been duly and properly approved by each a binding obligation on each party. Section 13. Assignment. Except as otherwise provided in this AGREEMENT, a party may not assign this AGREEMENT or subcontract the performance of services without first obtaining the written consent of the other party. Section 14. Non - Waiver. A party's failure or delay to exercise right or remedy does not constitute a waiver of the right or remedy. An exercise of a right or remedy under this AGREEMENT does not preclude the exercise of another right or remedy. Rights and remedies under this AGREEMENT are cumulative and are not exclusive of other rights or remedies provided by law. PAGE 3 OF 5 Section 15. Paragraph Headings. The various paragraph headings are inserted for convenience of reference only, and shall not affect the meaning or interpretation of this AGREEMENT or any section thereof. Section 16. Attorney fees. In any lawsuit concerning this AGREEMENT, the prevailing parry shall be entitled to recover reasonable attorney's fees from the nonprevailing party, plus all out -of- pocket expense such as deposition costs, telephone, calls, travel expenses, expert witness fees, court costs, and their reasonable expenses, unless otherwise prohibited by law. Section 17. Severability. The parties agree that in the event any provision of this AGREEMENT is declared invalid by a court of competent jurisdiction that part of the AGREEMENT is severable and the decree shall not affect the remainder of the AGREEMENT. The remainder of the AGREEMENT shall be in full force and effect. Section 18. Venue. The parties agree that all disputes that arise of this AGREEMENT are governed by the laws of the State of Texas and venue for all purposes herewith " shall be in Milam County, Texas. Section 19. Certificate of Insurat for liability and worker's compensation it its self - insured status before any event "a insurance herein mentioned to be secured ENTITY. IN WITNESS HEREOF, the CIT AGREEMENT to be effective this da City Secretary (Title) (Title) Vii/ PAGE 4 OF 5 EXHIBIT A [Describe the project to be performed] PAGE 5 OF 5