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HomeMy WebLinkAboutResolution - 2035 - CD Funding Agreement - Urban Renewal Agency - 11Th Year CD Activities - 05_13_1985Resolution #2035 Agenda Item #33 May 13, 1985 MH:js RPM IITTf)N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Community Development Funding Agreement by and between the City of Lubbock and the Urban Renewal Agency of the City of Lubbock, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 23r ATTEST: creta APPROVED AS TO CONTENT: Sandy UgVetreV, Community Development Coordinator APPROVED AS TO FORM: M c e Hart, Assistant City Attorney COMMUNITY DEVELOPMENT FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK THE STATE OF TEXAS § COUNTY OF LUBBOCK § This Agreement entered into this 23rd day of May, 1985, between the City of Lubbock, a Home Rule Municipal Corpora- tion, hereinafter called "City" and the Urban Renewal Agency of the City of Lubbock, hereinafter called "Agency." WITNESSETH: WHEREAS, the City is obligated to do and perform certain services in its undertaking of a Community Development Plan pursuant to the Housing and Community Development Act of 1974 as amended; and WHEREAS, the Agency is a public body, corporate and politic, created pursuant to Article 1269L-3, V.A.C.S., and is transacting business and exercising the powers granted by said law; and WHEREAS, the City desires to contract with the Agency to provide and do certain activities and services pursuant to the Urban Renewal Law Article 1269L-3, V.A.C.S., and the pertinent rules and regulations of the Department of Housing and Urban Development (HUD) and said Agency is authorized to exercise Urban Renewal Project powers and is willing to carry out such activi- ties; NOW THEREFORE, the City and the Agency do hereby mutually agree as follows: 1. The Agency agrees to perform and do such activities as may be necessary to make acquisitions deemed necessary, all of which are described in the Work Order Budget and Program, which is attached hereto as Exhibit "B" and incorporated into this Agreement by this reference, and in the Statement of Community Development Objectives and Projected Use of Funds for the year beginning June 1, 1985 and ending on May 31, 1986, and in the specific Urban Renewal Plan approved and adopted by the City Council, pursuant to and under authority of Article 1269L-3, V.A.C.S. 2. The City has submitted a Statement of Community Development Objectives and Projected Use of Funds to the Department of Housing and Urban Development, hereinafter called "HUD," and a portion of funds received by the City from HUD shall be held for disbursement to the Agency, subject to the terms and conditions hereinafter set forth, for the purpose of enabling the Agency to perform the agreed services. It is further agreed between the Agency and City that the services to be performed by Agency for City shall only be those necessary for acquisition of real property. 3. The Agency will perform the activities set forth in this Agreement in such area of the City, heretofore designated as a Neighborhood Strategy Area, specifi- cally Areas 17, 7, 13, 16. The site locations of the above designated area, is indicated in Exhibit "A," attached hereto and made part hereof. The named and described area is within a designated Community Development Rehabilitation and Redevelopment Area. Plans for the area are set forth in a specific Urban Renewal Plan. 4. It is understood and hereby agreed that it shall be the responsibility of the Agency to implement the Work Order Budget and Program as set forth in Exhibit "B," in accordance with the Urban Renewal Plan for the designated area, which Plan has been adopted, and to this end the Agency shall be responsibility and obligated to do and provide the following: Real Estate Acquisition - Acquisition of 4 parcels in Phyllis Wheatley; Acquisition of 5 parcels in Arnett Benson I; Acquistion of 3 severances and 1 structure in Arnett Benson II. 5. It is further agreed between the Agency and City that Agency, upon written request from City, will undertake -2- additional acquisitions of properties as authorized under Art. 1269L-3, V.A.C.S., provided that funding for any such acquisition or acquisitions is provided by City. 6. The Agency agrees to use City employees to carry out the above -stated obligations. The Agency agrees to use the City Attorney and staff for any needed legal services in connection with the above -stated obliga- tions. 7. The Agency shall complete all projects and programs undertaken under this Agreement before June 1, 1987. 8. The Agency agrees that all proceeds from the sale of land will be tendered to the City upon the close of the Agency's books each month. 9. The Agency, in compliance with Article 1269L-3, §16(c), V.A.C.S., shall file with the City on or before March 31st of each year a report of its activities for the preceding calendar year. The report shall include a complete financial statement by the Agency setting forth its assets, liabilities, income, and operating expenses as of the end of such calendar year. 10. The Agency shall be deemed at all times to be an independent contractor and nothing contained herein shall be construed as creating the relationship of employer and employee between the City and Agency. 11. Upon submission by the Agency of a proper request for payment on a request form prescribed by the Community Development Coordinator accompanied by an exact closing statement, the City shall pay to the Agency the actual cost of acquisition of the parcels designated in the Agreement. 12. The City shall not be subject to any of the obligations or liabilities of the Agency incurred in the perfor- mance of the Agreement. -3- 13. The Agency hereby certifies and assures the City that in the performance of this Agreement it will be cognizant of, comply with, and enforce the provisions of the Housing and Community Development Act of 1974 (P.L. 93-383), as amended, and the rules and regula- tions of HUD, as amended, made pursuant thereto, including, but not limited to, those published in Title 24 of the Code of Federal Regulations. The Agency further certifies and assures the City that it will be cognizant of, comply with and enforce where applicable and to the extent required by law all other applicable Federal and State statutes, local ordinances, rules or regulations or department procedures or directives of HUD. 14. It is understood and agreed that the Urban Renewal Agency shall not on the basis of race, color, national origin or sex exclude from participation in, deny the benefits of or discriminate against any person in the performance of any activity or program funded under this Agreement. Furthermore, the Agency shall not violate any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, 42 U.S.C. §6101 et. seq., nor with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794, in the performance of any activity or program funded hereunder. 15. If through any cause the Agency shall fail to fulfill in timely and proper manner its obligations under this Agreement or if the Agency shall violate any of the covenants, agreements or stipulations of this Agree- ment, the City shall make no further payments to the Agency and shall thereupon give written notice of such violations to the Agency. Within twenty (20) days after such notice, the Agency shall inform the City in -4- writing of corrective actions taken. The Agency shall use due diligence to correct any and all violations, and in the event the violations are not corrected with a reasonable time under the circumstances the City will give notice to the Agency to appear before the City Council in open session to show cause why this Agree- ment should not be terminated. Upon hearing discussion and argument on the matter, the City Council shall either continue the Agreement in full force or termi- nate the Agreement. 16. This Agreement shall at all times be subject to any corrective actions taken or directives issued by HUD in relation to the City, and the Agency shall comply with any such communications received by City from HUD, including termination of this Agreement. 17. The Agency agrees to comply with Section 3 of the Housing and Urban Development Act of 1968 as amended, 12 U.S.C. §1701u, and Section 202 of Executive Order 11246, a copy of each such sections being attached hereto marked Part II -Terms and Conditions, and by reference made a part hereof for all particulars as though fully set out herein. 18. No member of or delegate to the Congress of the United States and no Resident Commissioner shall be admitted to any share or part of this Agreement or to any benefit to arise herefrom. 19. The Agency further covenants and agrees that no member of its governing body nor any employees of the Agency currently has an interest, direct or indirect, in the above described project areas, or any parcels therein, or any other interest which would conflict in any manner or degree with the performance of its services hereunder, that in the performance of this Agreement no person having any such interest shall be employed by the Agency and that no member of its governing body nor -5- any such employee shall acquire any such interest during the term of this Agreement or for a period of one (1) year after the expiration of this Agreement. 20. The Agency agrees to be and is hereby bound in the execution of this Agreement by the requirements and provisions as set forth in Part II -Terms and Condi- tions, which part II has been incorporated herein by reference. 21. This Agreement constitutes and expresses the entire agreement between the parties hereto and shall not be amended or modified except by written instrument signed by both parties. IN WITNESS WHEREOF, the City and the Agency have executed this Agreement as of the first day above written. CITY 0 BBOCK N HENRY MAYOR ATTEST: n anet Boyd City Secretary APPROVED AS TO CONTENT: � San y Ogyet e Community Development Coordinator APPROVED AS TO FORM: M—iche'le Hart Assistant City Attorney URBAN RENEWAL AGENC E CITY OF LUBBOCK XAS Z�'HAIRMAN BOARD OF COMMISSIONERS ATTEST: Secretary -6- "EXHIBIT B" WORK ORDER BUDGET AND PROGRAM Phyllis Wheatley Acquisition: 4 Parcels Arnett Benson I Acquisition: 5 Parcels Arnett Benson II Acquisition: 3 Severances and 1 structure ��ovvAa10 r�111,IM ad!0'l Iee�odDes� • f 1 • �0 MIX Pact CERTIFICATE OF RECORDING OFFICER The undersigned hereby certifies that: 1. He is the duly qualified and acting Secretary of the Urban Renewal Agency of the City of Lubbock (hereinafter called the Local Public Agency) and the custodian of the records of the Local Public Agency, including the journal of proceedings of the Board of Commissioners of the Urban Renewal Agency of the City of Lubbock (hereinafter called the "Governing Body"), and is duly authorized to execute this certificate. 2. Attached hereto is a true and correct copy of a resolution including the WHEREAS clauses, adopted at a meeting of the Governing Body held on the 21st day of May , 19 85 3. Said resolution has been duly recorded in the journal of said meeting and is now in full force and effect. 4. Said meeting was duly convened and held in all respects in accordance with law and the by-laws, due and proper notice of said meeting was given. A legal quorum of members of the Governing Body was present throughout said meet- ing and a legally sufficient number of members of the Governing Body voted in the proper manner for the adoption of said resolution. All other requirements and proceedings under, law, said by-laws, or otherwise, incident to the proper adoption of said resolution, including any publications, if required by laws, have been duly fulfilled, carried out, and otherwise observed. 5. The Seal appearing below constitutes the Official Seal of the Local Public Agency and was duly affixed by the undersigned at the time this certifi- cate was signed. IN WITNESS WHEREOF, the undersigned has hereunto set his hand this 22nd day of May 19 85 (Seal) ARY OF THE RENEWAL 7. AGENCY OF THE CITY OF L CK, TEXAS RESOLUTION NO. 2842 RESOLUTION APPROVING AND AUTHORIZING THE CHAIRMAN TO EXECUTE A COMMUNITY DEVELOPMENT FUNDING AGREEMENT BY AND BETWEEN THE CITY OF LUBBOCK AND THE URBAN RENEWAL AGENCY WITH RESPECT TO 11TH YEAR COMMUNITY DEVELOPMENT ACTIVITIES WHEREAS, the City of Lubbock is undertaking a Community Development Plan pursuant to the Housing and Community Development Act of 1974 as amended; and WHEREAS, the City desires to contract with the Urban Renewal Agency to have the said Agency carry out certain activities pursuant to the Act as amended; and WHEREAS, the activities pursuant to the Community Development Plan to be carried out by the Agency are to include only real estate acquisition in cer- tain areas designated by the City as "Community Development Rehabilitation and Redevelopment Areas" as set forth in the said Plan; and WHEREAS, an agreement entitled "Community Development Funding Agreement between the City of Lubbock and the Urban Renewal Agency of the City of Lubbock" for said llth Year Community Development Activities has been presented to the Agency for approval and execution; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK: SECTION I. THAT said agreement be and is hereby approved. SECTION 2. THAT the Chairman be and is hereby authorized to execute said funding agreement with the City of Lubbock on behalf of the Urban Renewal Agency, for the carrying out of real estate acquisition activities as set forth in the llth Year Community Development Plan. On motion of Commissioner Jenkins , seconded by Commissioner ara the above and foregoing Resolution was passed this 21st of May ,1985, by the following vote: Commissioners voting "AYE": Cammack, Jenkins, Lara, Luskey, Pipkin. Commissioners voting "NAY": Alone. ST RETARY MAP IN FILE SEE RESOLUTION