18-R-122 - Community Development block grant with Bexar CountyRESOLUTION NO. 18 -R -122
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT TO THE
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 ") 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 approved Resolution 18 -R -55 on May 8, 2018 which
authorized this; and
WHEREAS, Bexar County has subsequently provided an amendment to this agreement;
and
WHEREAS, the City Council has determined that it is in the best interest of the City to
enter into the amended agreement with Bexar County, Texas pursuant to the Amendment to
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
I I so ET4�
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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 4th day of September, 2018.
CITY OF SCHERTZ, TEXAS
Michael R. Carpe , ayor
ATTEST:
(Rr�en-
Dennis, City Secretary
(CITY SEAL)
EXHIBIT A
AMENDEMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
COOPERATIVE AGREEMENT
I_N
STATE OF TEXAS § AMENDMENT TO
§ COMMUNITY DEVELOPMENT
§ BLOCK GRANT PROGRAM
COUNTY OF BEXAR § COOPERATIVE AGREEMENT
This Amendment to Community Development Block Grant Program Cooperative
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
WHEREAS, on July 10, 2018, the Parties entered a Cooperative Agreement for Community
Development Block Grant funded activities; and
WHEREAS, the Parties seek to amend the agreement in order to comply with U.S. Department
of Housing and Urban Development, Community Planning and Development, Notice CPD- 18 -02,
Instructions for Urban County Qualification for Participation in the Community Development
Block Grant (CDBG) Program for Fiscal Years (FYs) 2019 -2021, Section V, Cooperation
Agreements which requires certain additional language be incorporated into new and existing
Cooperative Agreements between the Parties.
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
ARTICLE 1
AMENDMENTS
1.01 The Parties agree that the current Community Development Block Grant Program
Cooperative Agreement shall be amended as provided below. Any text added to the agreement
shall be identified by underlining and any text deleted shall be identified by use of st4ke4lffeeg
font.
1.02 The "Recitals" section of the original Cooperative Agreement is hereby amended to
incorporate the following paragraph:
"It is the leaal minion of counsel for COUNTY, the Bexar County Criminal District
Attorney, that the terms and provisions of the agreement are fully authorized under all
applicable State and Local law and that the agreement provides full legal authority for the
COUNTY to undertake the responsibilities and obligations which are the subject of this
agreement. Said legal opinion is affirmed by the signature of the assianed Assistant
District Attorney provided herein."
1.03 Article II, Term, Section 2.02 is hereby amended as follows:
2.01 "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, in writing, 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...."
1.04 Article III, Other HUD Requirements is hereby amended to add the following provision as
Section 3.07 and to renumber the original Sections 3.07 and 3.08 as Sections 3.08 and 3.09,
respectively:
3.07 No Transfer of Funds. CITY may not sell, trade, or otherwise transfer all or any
portion of such funds to another such metropolitan city, urban county, unit of general
local government or Indian tribe, or insular area that directly or indirectly receives CDBG
funds in exchange for any other funds, credits or non- Federal considerations, but must
use such funds for activities eligible under title I of the Act.
ARTICLE 2
OTHER TERMS AND CONDITIONS
2.01 All other terms and conditions of the Community Development Block Grant Program
Cooperative Agreement between the Parties are unchanged and remain in full force and effect.
EXECUTED IN DUPLICATE ORIGINALS, EACH OF WHICH SHALL HAVE THE FULL
FORCE AND EFFECT OF AN ORIGINAL, ON THIS THE , DAY OF ,
2018.
{SEPARATE SIGNATURE PAGES FOR EACH PARTY TO FOLLOW}
CITY OF SCBE
By:
a, r or Designee
ATTEST-, —,
By:�6`s
City Secretary
COUNTY OF BEXAR
By:
Nelson W. Wolff
County Judge
ATTEST:
By:
Gerard C. Rickhoff
County Clerk
APPROVED AS TO LEGAL FORM:
By:
Katherine Ramos
Assistant Criminal District Attorney
Civil Division
APPROVED AS TO FINANCIAL CONTENT:
By:
Susan T. Yeatts
County Auditor
By:
David Smith
County Manager
APPROVED:
By:
David Marquez
Executive Director,
Economic and Community
Development Department