Resolution 15-R-03 with attachmentsRESOLUTION 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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 SC , TEXAS
1 R Carpenter, Mayor
ATTEST:
(2��c L
Brenda Dennis, City Secretary
(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.
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STATE OF TEXAS
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
and
proposal to
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 -
WHEREAS, the area around Main Street in Schertz once served as commercial and social hub
of the community; and
WHEREAS, the City seeks to improve the image of the area around Main Street through
historic restoration and rehabilitation of structures in the Main Stieef area to serve as a commercial,
social, cultural and tourism hub of the City; and
WHEREAS, 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 wrthiri this area.; and
WHEREAS, the City Council of the City of Schertz desires to provide Hotel Occupancy Tax
revenues to the (ENTITY).
NOW, THEREFORE, it isnutually 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 ENTITY'S satisfactory performance and
compliance with the terms of this AGREEMENT, the CITY agrees, to pay the ENTITY up to fifty
percent (50 %) of the Project from hotel occupancy tax funds. Payment will be made within forty-five
(45) days of acceptance of the complete Post Event Report. Partial or incomplete reports will not be
accepted. Only expenditures that meet Chapter 351; of the Tax Code and this. AGREEMENT shall be
reimbursed.
Section 5. Appeal Process. Any ENTITY wisfriglce- appeal the decision of the CITY must
present their appeal in writing within ten (10) 'business days afunding denial.
Section 6. Rights. The City of Schertz has the right, at any time, to inspect the books or
records of the ENTITY that may relate to performance of this AGREEMENT. The CITY, at its sole
expenses, has the rigll _ conduct an audit of the ENTITY or Project.
Section 7. Term. The AGREEMENT shall become effective as of the date entered below.
The AGREEMENT shall terminate one year from its effective date or once the terms have been met,
whichever occurs first.
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: z
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: W J_
[Mailing address if different from address: ] -
[City, State, ZIP]
[Telephone number:
MISCELLANEOUS
Section 11. Entire Agreement. This AGREEMENT constitutes the entire agreement of the
parties regarding the subject -matter contained herein. The parties may not modify or amend this
AGREEMENT, except by written approved by the governing bodies of each party and duly
executed by both.Darties. -
Section 12 Approval Tis AGREEMENT has been duly and properly approved by each
party's governing body and; constitutes 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 party
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 m-I 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 a11' disputes that ari�e_.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 Insurance. The ENTITY agrees to provide a certificate of insurance
for liability and worker's compensation insurance or letter of self - insurance on its letterhead indicating
its self-insured status before any event awarded funding under this AGREEMENT. The cost of the
insurance herein mentioned to be secured 'and maintained by the ENTITY shall be borne solely by the
ENTITY.
IN WITNESS =HEREOF, , the CITY and ENTTTY make and execute this
AGREEMENT to be effective this { day of _ -=. 20
CITY OF SCHERTZ, TEXAS ENTITY
City Manager (Title)
ATTEST:
City Secretary
(Title)
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FWMIMI010
[Describe the project to be performed]
PAGE 5 OF 5