12-R-62 Authorizing a Community Development Block Grant ProgramRESOLUTION NO. 2012-R-62
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 enter 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 and HOME Programs for the fiscal
years 2013, 2014 and 2015; 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
THAT:
Section 1. The City Council hereby authorizes the City Manager 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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 Govermnent 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 26th day of June, 2012.
CITY OF SCH RTZ, TEXAS
Mayor em
ATTEST:
~` ~`~~Qs~~m en
City Secretary
(CITY SEAL)
50522270.1
EXHIBIT A
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COOPERATIVE
AGREEMENT
soszzz~o.~ A_1
ORIGINAL
STATE OF TEXAS § COMMUNITY DEVELOPbIENT
§ BLOCK GRANT PROGRAM
COUNTY OF BEXAR § COOPERATIVE AGREEMENT
This agreement (the "Agreement") is entered into by and between Bexar County
("COUNTY"),apolitical 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 197A, as
amended, is the development of viable communities.
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 CTI'Y'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 and the HOME Investment Par'hiership ("HOME")
Program, 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. Furkher, CTPY
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
TER
2.01 Term. This Agreement is effective for the three-year qualification period of Fiscal
Years 2013, 2014 and 2015. This Agreement remains in effect until the CDBCr and
HOME 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 ox 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 3n the HUD's Urban County Qualification Notice for each new qualification
period. Failure by either Party to adopt an amendment to this Agreement inwrporating 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 ofthis Agreement.
ARTICLE ITI
OTHER HUD REQUIREMENTS
3.01 Cooperation. The Parties will cooperate to undertake, or assist in undertaking,
community zenewal and lower-income-housing-assistauce activities.
3.02 Comaliance with Specific Statutes.
A. Urban-Count~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 Nations[ Bnvironment Policy Act of 1969, Title
VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1468,
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 Iiousine. COUNTY prohibits CDBG or HOME 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 Poli f s. 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 COUIV'TY 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 Praeram 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 )(v
AMENDMENTS
Cot3gty-Auditor
sy: ~ .~ ~„
$ ~ Q(„ .
County Manager
4.01 No amendment, modification or alteration of the terms of this Agreement will be
binding unless it. is is writing, dated subsequent to the date of this Agreement, and duly
executed by the Parties.
This Agreement is executed in duplicate originals this ~~ay of
2012.
CO(TNT .XAR ~ C1TY OF `
By: By; \}-
rr s n w. woiff ~ear"~e. F1n~U.na
C ty Judges n Mayor Pro Tem
ATTI?sT:
By:
Gerard Rickhoff
County Clerk
APPROVED AS TO LEGAL FORM:
Susan D. Reed -
Crimfimal7Jistrict A#orney
Bexar County, Texas
By:
Kelsey M I
Assistant Criminal DistrictAttorney
Civil Section
APPROcV,,ErD_AS T FINAPICIAL CONTENT;
By: I~9~ ~- l
Susan T. Ye
ATTEST:
By;
Brenda Dennis
- City Secretary
By:
Michael Spain
City Attorney
APPRO
By: 7l
Aurora M. Sanchez
Executive Director
Bexar County
Community Resources
By . - . .. .-... .._P ..,, ._ .
J'p n C. Ressel
City Manager
i