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74-U-20 ORDINANCE NO. 7.?/- /) - ;)-0 AUTHORIZING THE MAYOR TO EXECUTE A FOURTH 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 Cit~ 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 Fourth Amended Cooperation Agreement with the Urban Renewal Agency of the City of Schertz, for the undertaking and com- pletion of the Urban Renewal Project, Buffalo Valley Nprth Project, Tex. R-112, within the City of Schertz, Texas. SECTION 2. The Fourth Amended Cooperation Agreement, attached hereto and made a part hereof, is hereby apprbved. SECTION 3. In accordance with the provision of Section 4.09 (f) of the City of Schertz Charter, this Ordinance is passed and approved on first reading as an emergency m~asure. An emergency measure is necessitated by the possible detri- mental effect on the extension of the Urban Renewal Prbgram application that would be caused by the delay of the normally required second reading of this ordinance. PASSED, ADOPTED AND APPROVED on this the 1nav- ' 1974. )} JJ day of WfJ ,~,L , ~ayor, City 0 Schertz-, Texas ATTEST: A Secretary, City of Schertz ~ ... ...~ J."J.::ral .L-l-l .;)-J-/-I4a ", FOURTH fu~NDED COOPERATION AGREE~mNT THIS AGREEMENT made and enteredcinto this day of , 1974, by and between the URBAN RENEWAL AGENCY ~HE CITY OF SCHERTZ, 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 of the cooperation of the City proposes to undertake and carry out an urban renewal program in the City of Schertz, including but not limited to, the 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 Minor Amendments Nos. 1, 2 and 3, and pursuant to the provisions of the laws of the State of Texas as hereinabove referred to; and ~~EREAS, 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 finan- cial assistance pursuant to Title I of the Housing Act of 1949, as amended, for the purpose of carrying out the provisions of the Urban Renewal Plan, as follows: (1) A loan in an amount sufficient to enable it to defray the gross cost of the Project, but not exceeding ................. $2,542,511.00 (2) A Project Capital Grant in an amount, but not exceeding .......................... $2,258,499.00 (3) A relocation grant in an amount, but not exceeding .....................~~..~.... $ 128,652.00 (4) A rehabilitation grant in an amount, but not exceeding .......................... $ 71,474.00 WHEREAS, the City desires to provide "local grants-in-aid" in connection with said Project and has heretofore indicated its intention to ~o'so in a resolution approving said Urban Renewal Plan for said Project; - NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth the Agency and City agree as follows: 1. The Agency agrees to proceed diligently and forthwith with all necessary actions, works and undertakings to carry out the proposed and approved Buffalo Valley North 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 the United States of America, acting by and through the Secretary of Housing and Urban Development, said 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 Exhibit "A" attached hereto. -" ., (7) Furnishing of traffic control and street name signs, and mounting posts within Project area nec~ssitated by construction of new streets at a total cost of $3,111.00 for a credit'to the Project of $3,111.00. (8) Construction of a ball park in the park area of the Project at a total cost of $6,800.00 for a credit to the Project of $6,800.00. (9) Construction of a Police Department Building, including necessary land acquisition for a total cost of $30,000.00 for a credit to the Project of $7,500.00. In addition to the above-itemized public and supporting facilities 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-~ourth (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, 54-6, 17-5 and 43-2 and Agency agrees to provide thereon eligible item improvements for park and playground purposes in connection with said dedication. (e) The ~ity 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. - (f) The City agrees to enforce by proper action the provisions,of all municipal codes and ordinances relating to the health, welfare, safety, good living conditions, 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 Renewal Plan. (g) 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-112, to a final and successful completion. 3. ". 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 therefor, 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 monies 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 monies to be deposited in the Project expenditures account maintained 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 proj ect. -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 Schertz-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 ~6l,129.00. (2) Additions to O'Henry Junior High school including air conditioning improvements in the total amount of $322,171.00 for a credit to the Project in the amount of $71,521.00. -- (3) Additions to Schertz Elementary School including air conditioning improvements in the total amount of $282,853.00 for a credit to the Project of $l41,426.00. (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, and additional improvements to the fire station in the total amount of $13,421.00 for a credit to the Project of $3,358.00. (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 the Project of $48,006.00. (6) Relocation of fire hydrants, water and sewer services brought about by the widening 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. 2. .. .. , (h) The City of Schertz recognizes Title VI. of the Civil Rights Act of 1964 and the regulations and policies of the Department of Housing ana Urban Development effectu- ating said Title prohibitin~ discrimination on the grounds of race, sex, religion, color, or national origin in the policies and practices of any public facilities, eductional institution 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 public 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 .rithout regard to race, color, religion, sex or national origin. IN WITNESS WHEREOF, the City and the Urban Renewal Agency have caused these presents to be executed and has caused the signa- ture of their duly authorized officers to be attested and the seal of such respective public bodies to be affixed on the date herein- above first provided. ATTEST.: ~.~AAL ~ --8. /~n~",/> 0 _ , City Clerk CrTY OF SCHERTZ, TEXAS By ~~ ~/ , MAYOR URBAN RENEWAL AGENCY OF THE CITY OF SCHERTZ, TEXAS ATTEST: By ~A~ ~P~.~ Chairman ~cA/~.~ Secretary - 4. ' t'.,.,. .......J.-"':.'. III'!'" ,~ -;'- ......... ,oJ' ::- "'....., ' ..- " ?~, ,',.,-;:::- (' EXHlE'r ."A" " . . ~ DZSCllIFTION OF PROJECT AREA BUIT,uo VAllEY NORTH PROJECT - TEX. R-112 BEGTI~ITNG at the intersection of the centerlin~ of Cibolo Creek and the north rig{rt-of-'Tay line of State Highway 78; THENCE in a north.esterly direction along the certerline of eibolo Creek, said line also being the city limit of Schertz, to a point intersecti11g 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 v.med by the Southern Pacific Railroad and a parcel owned by Schertz, Classen and Rowell; THENCE in a northwesterly direction along said property line to a point intersecting the southwest right-of-way line of FH 1518; , THENCE in a nortlr..esterly direction along the south'"est right-of-way line of E1 1518 to a point intersecting the extension of the north right-of- way line of Hitchell Avenue; THENCE in a northeasterly direction along the north righ-of-way line of Hitchell Avenue to a point intersecting the west right-of-way line of Oak Street; THENCE in a nortlr"esterly dirBction along the west right-of-way line of Oflk Street to a point intersecting an extension of the north right-of-way line of tho allay bet-"een Aviation Avenue and i'laple Drive, THENCE in a northeasterly direction along said alley line to a point inter- secting tho east right-of-way line east of Olcstnut Drivu; Tl:lENCE in a southeasterly dL-ection along said alley line to a point intersecting the north right-of-way line of tho United Gas Pipeline Ccmpa.'lY easement; THE::CE il1. a northeasterly direction along tho north rig.l1t-of-way l:L'10 of said casement to a point intersecting the extension of the ~cst right-of WXI line of ltlillia.1l5 Strcot; THEi-iCE in u southeasterly direction clang said c:ctcnsicn of the west right- of-way lino of Uilli=s Street to a point intersecting the north rig.l1t- of-way line of llirtiss Avenue; THENCE in a northeasterly diroction along the north right-of-,.ay line of Curtiss Avanuc to a point intersecting tho east right-oi-way line or Live Oak Hoad, TEENCE in a sOutheasterly diroction along said line to a POil'lt intersect- ing the north rig..'1t-of-way lino of State Highw<lY 78; T}S~rc:E J....l. a s011th~'1'csterly direction along the north right-of-w2.Y line of. State EiglTAay 78 to a po:int of beg:L'lIling. . A RESOLUTION APPROVING AND AUTHORIZING THE AGENCY'S CHAIRMAN TO EXECUTE A FOURTH AMENDED COOPERATION AGREEMENT WITH THE CITY OF SCHERTZ IN CONNECTION WITH AN UREAl\! RENEWAL PROJECT TITLED BUFFALO VALLEY NORTH, TEX. R-ll2 WITH THE CITY OF SCHERTZ. WHEREAS, the Agency desires to enter into an agreement with the City of Schertz for the purpose of expediting and assuring the completion of the Urban Renewal Project titled Buffalo Valley North Project, Tex. R-112 located within the city limits of the City of Schertz, Guadalupe County, Texas; and WHEREAS, the Agency proposes to file a Fourth Amendatory Application for Loan and Grant which necessitates amending the existing Cooperation Agreement between the Agency and the City of Sc;hertz; and WHEREAS, said Fourth Amended Cooperation Agreement is attached hereto, marked Exhibit "A" and made a part hereof and it is the recorrnnendation of the Executive Director that the Agency enter into this Amended Agreement with the City of Schertz; now, therefore BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF THE CITY OF SCHERTZ: 1. The Fourth Amended Cooperation Agreement attached hereto and marked Exhibit "A" is hereby approved. 2. The Agency's Chairman is hereby authorized to execute said Fourth Amended Cooperation Agreement with the City of Schertz for the undertaking and completion of the Urban Renewal Project titled Buffalo Valley North, Tex.' R-112 within the City of Schertz, Guadalupe County, Texas. PASSED AND APPROVED this 13th day of ~, 1974. ~~~I Vice- airman ATTEST: ~/y: t1~~ . Secretary - Resolution No. 240