18-R-55 - Bexar County Community Block GrantRESOLUTION NO. 18 -R -55
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM COOPERATIVE AGREEMENT WITH
BEXAR COUNTY, TEXAS AND OTHER MATTERS IN CONNECTION
THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the
City reenter into an agreement with Bexar County, Texas to participate with Bexar County,
Texas in its re- qualification process as an Urban County for continued participation in the
Housing and Urban Development Community Development Block Grant, HOME and ESG
Programs for the fiscal years 2019, 2020 and 2021; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
enter into an agreement with Bexar County, Texas pursuant to the Community Development
Block Grant Program Cooperative Agreement, attached hereto as Exhibit A (the "Agreement ").
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
1 0.
Section 1. The City Council hereby authorizes the Mayor to execute and deliver the
Agreement with Bexar County, Texas in substantially the form set forth on Exhibit A.
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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 8th day of May, 2018•
CITY OF SCHERTZ, TEXAS
David Scagliola, M - ro -Tem
ATTEST;
CBre da Dennis, City Secretary
(CITY SEAL)
EXHIBIT A
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COOPERATIVE
AGREEMENT
A -1
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STATE OF TEXAS § COMMUNITY DEVELOPMENT
§ BLOCK GRANT PROGRAM
COUNTY OF BEXAR § COOPERATIVE AGREEMENT
This agreement (the "Agreement ") is entered into by and between Bexar County
( "COUNTY "), a political subdivision of the State of Texas, and City of Schertz
( "CITY "), a municipal corporation under the laws of the State of Texas (also,
individually, a "Party" or, collectively, the "Parties"),
RECITALS
1. The specific purpose of the Housing and Community Development Act of 1974, as
amended, is the development of viable conununities.
2. CITY has elected to have its population included as a portion of COUNTY's
population in COUNTY's "Urban County" applications to the U.S. Department of
Housing and Urban Development ( "HUD ") for the Community Development Block Grant
( "CDBG ") Entitlement Program and the HOME Investment Partnership Program
(collectively, the "Grant Applications "), and COUNTY is willing to include CITY's
population in the Grant Applications.
3. COUNTY wants to be designated as an "Urban County" by HUD in order to
receive a formula share of program funds, provided that COUNTY has a population of
100,000 (excluding the population of its metropolitan cities) and has combined population
of at least 200,000 included in its unincorporated areas and its included units of general
local governments for essential Community Development and Housing- Assistance
activities.
ARTICLE I
POPULATIONS COMBINED
1.01 CITY authorizes COUNTY to include CITY's population in the Grant
Applications in order to qualify for a formula share of the entitlement funds through
HUD's CDBG Entitlement Program, HOME Investments Partnership ( "HOME ")
Program, and Emergency Solutions Grant ( "ESG "), and COUNTY agrees to include the
same in the Grant Applications.
1.02 CITY shall not apply for grants under the Small Cities or State CDBG Programs
from appropriations for fiscal years in which this Agreement is in effect. Further, CITY
shall not participate in a HOME consortium except through COUNTY, regardless of
whether COUNTY receives a HOME formula allocation during the fiscal years in which
this Agreement is in effect.
ARTICLE II
TERM
2.01 Term. This Agreement is effective for the three -year qualification period of Fiscal
Years 2019, 2020 and 2021. This Agreement remains in effect until the CDBG, HOME
and ESG Program funds and income received with respect to the three -year qualification
period and any successive qualification periods are expended and the funded activities are
completed, and the Parties may not terminate or withdraw from this Agreement while it
remains in effect.
2.02 Automatic Renewal; Termination. This Agreement will automatically renew for
each new three -year Urban County qualification period, unless CITY or COUNTY
provides written notice of its intention to end its participation in this Agreement to the
other Party before the end of a three -year qualification period. COUNTY agrees to notify
CITY of its right to elect not to participate in a new qualification period by the date
specified in the HUD's Urban County Qualification Notice for each new qualification
period. Failure by either Party to adopt an amendment to this Agreement incorporating all
changes necessary to meet the requirements for cooperation agreements set forth in the
Urban County Qualification Notice applicable. for a new qualification period, and to
submit the amendment to HUD, shall void the automatic renewal of this Agreement.
ARTICLE III
OTHER HUD REQUIREMENTS
3.01 Cooperation. The Parties will cooperate to undertake, or assist in undertaking,
community renewal and lower - income - housing- assistance activities.
3.02 Compliance with Specific Statutes.
A. Urban - County - Certification. The Parties will take all actions necessary to
assure compliance with the Urban County's certification required by Section
104(b) of Title I of the Housing and Community Development Act of 1974, as
amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act,
Section 109 of Title I of the Housing and Community Development Act of 1974,
and other applicable laws.
B. Environmental and Civil - Rights. The Parties will take all required actions to
comply with the provisions of the National Environment Policy Act of 1969, Title
VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968,
Section 104 (b) and Section 109 of Title I of the Housing and Community
Development Act of 1974, as amended, and other applicable laws.
3.03 Furtherance of Fair Housing. COUNTY prohibits CDBG, HOME or ESG
Program funding for activities in or in support of a participating unit of general local
government that does not affirmatively further fair housing within its own jurisdiction or
that impedes COUNTY's actions to comply with its Fair Housing Plan and fair housing
certification.
3.04 Excessive -Force Policies. COUNTY and the participating units of general local
government have adopted and are enforcing;
1) a policy prohibiting the use of excessive force by law enforcement
agencies with its jurisdiction against any individuals engaged in non - violent
civil rights demonstrations; and
2) a policy of enforcing applicable State and local laws against
physically barring entrance to or exit from a facility or location that is the
subject of such non - violent civil rights demonstrations within the
jurisdiction.
3.05 No Veto of Plan. Neither Party to this Agreement may veto or in any other way
obstruct the implementation of the approved Consolidated Plan (the "Plan ") during the
period for which COUNTY is seeking to qualify as an Urban County, nor may either
Party be required to undertake any activities not specifically in the Plan. In addition,
nothing contained in this Agreement will deprive any municipality or other unit of local
government of any powers of zoning, development control or other lawful authority
which it presently possesses.
3.06 CITY is Subrecipient. Pursuant to 24 CFR 570.501 (b), the unit of local
government is subject to the same requirements applicable to subrecipients, including the
requirements for a written agreement set forth in 24 CFR 570.503.
3.07 Urban County Program Responsibilities. COUNTY will adhere to HUD
requirements regarding public hearings and will have final responsibility for selection of
projects, the filing of annual grant request and the preparation of annual performance
reports.
3.08 Certification Required. This Agreement is not effective unless and until it is
executed by both Parties and certified by counsel for COUNTY.
ARTICLE IV
AMENDMENTS
4.01 No amendment, modification or alteration of the terms of this Agreement will be
binding unless it is in writing, dated subsequent to the date of this Agreement, and duly
executed by the Parties.
This Agreement is executed in duplicate originals this _ day of
2018.
COUNTY OF BEXAR
By:
Nelson W. Wolff
County Judge
ATTEST:
By:
Gerard Rickhoff
County Clerk
APPROVED AS TO LEGAL FORM:
Nicholas "Nico" La Hood
Criminal District Attorney
Bexar County, Texas
By:
CITY O4Micharpente;r
By: DA0iiD
Mayor f-,,eo
ATTEST:
City Secretary
APPROVED AS TO FORM:
By: , f
City Attorney
• .. •
Katherine Ramos By:
Assistant Criminal District Attorney
Civil Section
APPROVED AS TO FINANCIAL CONTENT:
IN
By:
Susan T. Yeatts
County Auditor
David Smith
County Manager
David Marquez
Executive Director
Bexar County
Economic and Community
Development Department
1. 2 Originals Mailed 5 -8 -2018 to Bexar County Economic and Community Development Department
SCHIERTZ I OCOMMUNITY
PP RTUN TY
May 16, 2018
Bexar County Economic and Community Development Department
Attn: Alma R. Perez, Development Services
233 N. Pecos, Suite 320
San Antonio, TX 78207
Dear Ms. Perez,
On May 8, 2018 Schertz City Council approved Resolution 18 -R -55, which
authorizes participation in the Community Development Block Grant (CDBG)
program cooperative agreement with Bexar County.
Per your request, I am sending the executed duplicate agreements and the city
council resolution. Upon approval from Bexar County, please send a complete
copy to our City Secretary, Ms. Brenda Dennis:
City of Schertz
Attn: Brenda Dennis, City Secretary
1400 Schertz Parkway
Schertz, TX 78154
Please do not hesitate to contact me at (210) 619 -1015 if you have any
questions.
Sincerely,
0 1� -
Sarah Gonzalez
Assistant to the City Manager
Cc: Brenda Dennis, City Secretary
1400 Schertz Parkway Schertz, Texas 78154 210.619.1000 * scheitz.com
April 12, 2018
Honorable Michael Carpenter
Mayor of Schertz
1400 Schertz Parkway, Bldg 4
Schertz, Texas 78154
Dear Mayor Carpenter:
Bexar County has begun its re- qualification process as an Urban County for continued participation
in the Housing and Urban Development (HUD) Community Development Block Grant (CDBG) and
HOME Programs for the fiscal years 2019, 2020 and 2021.
Over the past thirty -two years Bexar County and its partner cities have received substantial financial
benefit of HUD funding to address priorities such as water systems and mains, senior citizen, day
care and community centers, street reconstruction, drainage projects, housing rehabilitation and
public assistance for the elderly and low income citizens of Bexar County.
So that we may continue these mutually beneficial community development activities, we are asking
your city to join us in qualifying for the next three year Urban County entitlement period. Bexar
County Commissioners Court urges you to enter into a cooperative agreement for inclusion in the
Urban County designation. The cooperative agreement is attached for your review and execution.
This agreement will give your city access to CDBG, HOME and ESG funds for the next three years.
In accordance with the directions and timetables provided to the County by HUD, this letter is being
sent to you to advise you of the actions that you and the city council must take if your city wishes to
be included in or excluded from participation in the Urban County designation for fiscal years 2019 -
2021 CDBG, HOME and ESG programs.
If you wish to participate please send your written notice of participation, the executed duplicate
agreements and city council resolution approving the action to my office at the address given below
by June 15, 2018.
Bexar County Economic and Community Development Department
Attn: Development Services
233 N. Pecos, Suite 320
San Antonio, Texas 78207
Should your city decide that it does not wish to participate in Bexar County's Urban County
designation; your written notice must be forwarded to both the County at the address listed above
and HUD below:
Elva F. Garcia, Director
Office of Community Planning and Development
HUD -San Antonio
H.F. Garcia Federal Bldg/US Courthouse
615 E. Houston Street, Suite 347
San Antonio, TX 78205
If your city participates in Bexar County's Urban County designation, it will be eligible for the
County's funding but will not be eligible for funding through the Small Cities or State program.
Thank you for your consideration. We hope you will join the Urban County designation. If your city
has any questions about the Urban County designation, CDBG, HOME, ESG programs or this
process, please contact one of the following members of our Economic and Community
Development Department — Development Services:
Alma R. Perez, Manager —
(210) 335 -6567
Robert Reyna, Coordinator
— (210) 335 -1098
Mark Boyd, Specialist —
(210) 335 -6967
Sincerely,
Alma R. Perez'
Manager
Cc: David Marquez, Executive Director