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HomeMy WebLinkAboutResolution - 5574 - Interlocal Agreement - LRRA - Operational Funding - 06_26_1997Resolution No.5574 Item #80 RESOLUTION June 26, 1997 WHEREAS, Reese Air Force Base, (hereinafter called the "Base"), is scheduled for closure on September 30, 1997; and WHEREAS, the City has determined that it is in the City of Lubbock's best interest for the Base to be redeveloped; and WHEREAS, the City has received grant funds from the Office of Economic Development of the United States Department of Defense, (hereinafter called "OEA") for the 1997 budget year for the purpose of redeveloping the Base; and WHEREAS, the Lubbock Reese Redevelopment Authority has been created pursuant to Chapter 2311 of the Texas Government Code and the action of the City of Lubbock and County of Lubbock for the purpose of redeveloping the Base; and WHEREAS, the City desires to execute an Interlocal Agreement with Lubbock Reese Redevelopment Authority for the purpose of transferring grant funds received by the City from the OEA and grant match funds to Lubbock Reese Redevelopment Authority; NOW THEREFORE: 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 an Interlocal Agreement by and between the City of Lubbock and Lubbock Reese Redevelopment Authority. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 26th o June , 1997. WINDY ON, MAYOR ATTEST: kayj Darnell, City Secretary APPROVED AS TO CONTENT: cosr, ob Cass, City Manager APP OVED TO FORM: Anita Burgess, City Attorney da/ccdocs/a-lrra.res June 9, 1997 Resolution No.5574 Item #80 June 26, 1997 INTERLOCAL COOPERATIVE AGREEMENT BY AND BETWEEN LUBBOCK REESE REDEVELOPMENT AUTHORITY AND THE CITY OF LUBBOCK STATE OF TEXAS § COUNTY OF LUBBOCK § This Agreement entered into this 26th day of June , 1997, by and between the CITY OF LUBBOCK, a Texas Home Rule Municipal Corporation (hereinafter called the "City") and LUBBOCK REESE REDEVELOPMENT AUTHORITY, a Texas Authority and Political Subdivision of the State of Texas (hereinafter called the "LRRA"). WHEREAS, Reese Air Force Base has been designated for closure by September 30, 1997; and WHEREAS, the State of Texas; by and through Chapter 2311 of the Texas Government Code (the "Law") has authorized the creation of the LRRA for the purpose of redeveloping Reese Air Force Base; and WHEREAS, the City and the County of Lubbock, Texas (hereinafter called the "County") pursuant to the law has, by resolution, authorized the creation and establishment of the LRRA; and WHEREAS, the Department of Defense, by and through the Office of Economic Adjustment (hereinafter called the "OEA"), has granted certain funds to the City for the purpose of facilitating the redevelopment of Reese Air Force Base; and WHEREAS, pursuant to federal laws and regulations, the City and the County will contribute matching funds to the federal money granted to the LRRA. WHEREAS, the OEA, upon the LRRA's creation and establishment, will grant the LRRA funds to facilitate the redevelopment of Reese Air Force Base; and WHEREAS, funding from the City is required by the LRRA for the furtherance of the redevelopment of Reese Air Force Base. NOW THEREFORE, it is agreed between the parties hereto that: I. SCOPE OF SERVICE: A. City Responsibilities: City agrees to transfer to the LRRA any remaining OEA and existing local matching funds in its possession received by City from OEA or set aside for use in the redevelopment or reuse of Reese Air Force Base. I B. LRRA Responsibilities: LRRA shall use the funds received through this Agreement for the furtherance of redeveloping Reese Air Force Base as set forth in the Law. 2. LRRA shall submit to any audits on said funds as deemed necessary by the City. II. GENERAL CONDITIONS: A. Compliance: LRRA agrees to comply with all applicable federal, state and local laws and regulations governing the funds provided under this Agreement. B. Independent Contractor: Nothing contained in this agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee, and/or any type or form of agency, between the parties. C. Hold Harmless: LRRA shall hold harmless, defend and indemnify the City, to the extent allowed by law, from any and all claims, actions, suits, charges and judgments whatsoever that arise out of or are in any way related to the LRRA's misuse of the funds transferred under this Agreement. D. Amendments: The City or the LRRA may amend this agreement at any time, provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly -authorized representative of both organizations and approved by the City Council if required by law. Such amendment shall not affect or invalidate the provisions of this Agreement, nor relieve nor release the City or the LRRA from its obligations under this Agreement. E. Revenues: The City agrees hereto that all payments made pursuant to this Agreement must be made from current revenues available to the City pursuant to Section 791.011 of the Government Code. III. DOCUMENTATION AND RECORD KEEPING: A. Records to be Maintained: LRRA shall maintain records as required by law or regulation with respect to the funds being transferred in this Agreement. I B. Audits and Inspections: All LRRA records with respect to any funds covered by this Agreement shall be made available to City, their designees or the Federal Government, at any time during normal business hours, as often as the City and/or the Federal Government deem necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully resolved by the LRRA within thirty (30) days after receipt by the LRRA, unless otherwise agreed to in writing by the parties. CITY OF LUBBOCK: A" Z WINDY SITTON, AYOR ATTEST: /"4;j,-,� Kayt 6 Darnell, City Secretary APPROVED AS TO CONTENT: Ji ertr m, Managing Director Str is lanning APP OVED TO FORM: Anita Burgess, City Attorney LUBBOCK REESE REDEVELOPMENT AUTHORITY: i Authorized Official ATTEST: Authorized Official 3