21-R-55 - Authorizing a Community development Block Grant Progrm Coopertive agreement with Bexas CountyRalph Gutierrez
Mayor
June 23, 2021
CI'T'Y OF SCH ERTZ
Office of the Mayor
City Hall, Schertz
Mr. Robert H. Reyna, Manager
Community Development Division
Bexar County Economic and Community Development Department
233 N. Pecos, Suite 320
San Antonio, Texas 78207
Reference: City of Schertz interest in participation of the U.S. Housing and Urban Development
(HUD) Community Block Grant (CDBG), HOME Investment Partnership Programs, and
Emergency Solutions Grant (ESG) programs for fiscal years 2022 -2024.
Dear Mr. Reyna:
The City of Schertz appreciates Bexar County notifying us of the re- qualification process as an
Urban County for continued participation in the U.S. Housing and Urban Development (HUD)
Community Development Block Grant (CDBG), HOME Investment Partnership Program, and
Emergency Solutions Grant (ESG) for fiscal years 2022 -2024.
In accordance with the directions and timetables provided by Bexar County HUD, please find
attached a copy of our approved Resolution No. 21 -R -55 as well as our signed portion of the
agreement.
Respec lv
RLil i Gutierrez
Enclosures
Community. Service. Opportunity.
1400 Schertz Parkway Schertz, Texas 78154 210- 619 -1040
RESOLUTION NO. 21 -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 2022 to 2024; 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 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 22nd day of June 2021.
CITY OF SCHERTZ, TEXAS
Ra h uti ez, Mayor
ATTEST:
Brenda Dennis, CIMSecretary ,
EXHIBIT A
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COOPERATIVE
AGREEMENT
A -1
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. Pursuant to Texas Local Government Code Chapter 373 and Section 381.003,
Texas cities and counties are authorized to conduct essential housing and community
development activities; and pursuant to Texas Government Code Chapter 791, Texas
cities and counties are authorized to enter into cooperative agreements.
2. The specific purpose of the Housing and Community Development Act of 1974, as
amended, is the development of viable communities.
3. CITY has chosen 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 ") Program, the HOME Investment Partnership ( "HOME ") Program, and
Emergency Solutions Grants ( "ESG ") Program (collectively, the "Grant Applications "),
and COUNTY is willing to include CITY's population in the Grant Applications.
4. 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, HOME, and ESG Programs; and COUNTY agrees to include the same in
the Grant Applications.
ARTICLE H
TERM
2.01 Term. This Agreement is effective for the three -year qualification period of Fiscal
Years 2022, 2023, and 2024. 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. 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. The termination notice must also be sent to
the HUD Field Office.
2.03 Amendments. 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.
2.04 Termination. 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. A copy of COUNTY's
notification to the jurisdiction must also be sent to the HUD Field Office.
2.05 Default. 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, will void the automatic renewal of this
Agreement.
ARTICLE III
HUD REQUIREMENTS
3.01 Coon eration. 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, and implementing
regulations at 24 CFR part 1, and the Fair Housing Act, and the implementing
regulations at 24 CFR part 100, will affirmatively further fair housing. The Parties
will take all actions necessary to assure compliance with the Urban County's
certification required by section 109 of Title I of the Housing and Community
Development Act of 1974, and the implementing regulations at 24 CFR part 6,
which incorporates Section 504 of the Rehabilitation Act of 1973, and the
implementing regulations at 24 CFR part 8, Title II of the Americans with
Disabilities Act, and the implementing regulations at 28 CFR part 35, the Age
Discrimination Act of 1975, and the implementing regulation at 24 CFR part 146,
and Section 3 of the Housing and Urban Development Act of 1968. The Parties
will also comply with any 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 CITY 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 CITY 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), CITY 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 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.
3.08 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.
3.09 State CDBG Program. CITY may not apply for grants from appropriations under
the State CDBG Program for fiscal years during the period in which it participates in
COUNTY's CDBG program.
3.10 HOME Pro «ram Allocation. CITY may receive a formula allocation under the
HOME Program only through the urban county.
3.11 ESG Program Allocation. CITY may receive a formula allocation under the ESG
Program only through the urban county.
ARTICLE IV
COMPLIANCE WITH LAWS
4.01 It is the legal opinion 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. This legal opinion is affirmed by the signature of the assigned Assistant
District Attorney provided herein.
ARTICLE V
CURRENT REVENUES
5.01 Each Parry paying for the performance of governmental functions or services will
make those payments from current revenues then available to the paying Party.
ARTICLE VI
NOTICES
6.01 All notices required or permitted herein shall be in writing and shall be deemed to
be delivered when deposited in the United States mail, postage prepaid, registered or
certified mail, return receipt requested, to the Party's office or usual mailing address. For
the purpose of notice, the addresses of the Parties shall be as follows:
TO COUNTY: Bexar County Judge
Paul Elizondo Tower
101 W. Nueva, Suite 1019
San Antonio, Texas 78205
TO CITY: Mayor of Schertz
1400 Schertz Parkway, Bldg 4
Schertz, TX 78154
THIS AGREEMENT IS MADE AND EXECUTED IN DUPLICATE ORIGINALS
ON THE DATE OF THE LAST SIGNATURE BELOW.
COUNTY OF BEXAR
By
Nelson W. Wolff
County Judge
Date:
APPROVED AS TO LEGAL FORM:
By:
Juan A. Roque
Assistant District Attorney
Civil Division
.. :.."f
ayor
Date: L ^,e),4 -a(D
ATTEST
f •x
By:`i
City Secretary
r.
APPROVED AS TO FINANCIAL CONTENT:
By: -
Leo S. Caldera, CIA, CGAP
County Auditor
By
David Smith
County Manager
APPROVED:
By
Deborah Carter
Director
Economic Development
These documents must be sent to my office at the following address before close of business Friday - June
25, 2021:
Robert H. Reyna, Manager
Community Development Division
Bexar County Economic and Community Development Department
233 N. Pecos, Suite 320
San Antonio, Texas 78207
Note: Cooperation agreements will be ratified at Commissioners Court on Tuesday - July 13, 2021.
For current participating cities: Should your city decide that it no longer wishes 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 Building
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, HUD entitlement programs, or this process, please contact:
Robert H. Reyna, Manager
rhreyna @bexar.org
(210) 335 -1098
Laura Montanez, Specialist
laura.montanez @) bexar.or;
(210) 335 -1079
Sincerely,
a nt Manager
A BEXAR COUNTY
ECONOMIC & COMMUNITY
DEVELOPMENT
May 28, 2021
Honorable Ralph Gutierrez
Mayor of Schertz
1400 Schertz Parkway, Bldg 4
Schertz, TX 78154
Dear Mayor Gutierrez:
Bexar County has begun its re- qualification process as an Urban County for continued participation in the
U.S. Housing and Urban Development (HUD) Community Development Block Grant (CDBG), HOME
Investment Partnerships Program, and Emergency Solutions Grant (ESG) programs for fiscal years 2022-
2024.
Over the past thirty -two years, Bexar County and its partner cities have received substantial financial
benefit of HUD entitlement funding to address priorities such as water systems and mains, day care and
community centers, street reconstruction, drainage projects, housing rehabilitation and public assistance
for the elderly and low- income citizens of Bexar County.
In an effort to 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 advise you of the actions that your city council must take if your city wishes to be included in or excluded
from participation in the Urban County designation for fiscal years 2022 -2024.
If you wish to participate, please send the following:
• Letter notifying the county of your city's intent to participate
• City Council Resolution
• A copy of the ratified cooperation agreement
6/24/2021
Mail - Brenda Dennis - Outlook
RE: Resolution 21 -R -55 - Community Development Block Grant Program Cooperative
Agreement
Montanez, Laura <laura.montanez @bexar.org>
Thu 6/24/2021 1:45 PM
To: Brenda Dennis <bdennis @schertz.com >; Reyna, Robert H. <rhreyna @bexar.org>
Cc: Julie Gohlke <jgohlke @schertz.com >; Mark Browne <mbrowne @schertz.com>
Thank you so much, Brenda. I'll work to get the County signatures and onto the July 13th court agenda. Once the
final copy is available, I'll forward to you as well.
Please let me know if you have any questions.
Thank you,
Laura Montanez
Community Development Specialist
233 North Pecos- La Trinidad, Suite 320 1 San Antonio, TX 78207
0: 210 - 335 -1079 1 C: (210) 214 -9236
Website I Facebook I Twitter I Instagram I Linkedin
r , W-XAR COUNTY
ECONOMIC & COMMUNITY
-;
6/24/2021
Mail - Brenda Dennis - Outlook
(210) 619 -1039 Fax
Email: bdennis @Schertz.co
e' -AA
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