HomeMy WebLinkAboutResolution - 081271U - Contract For Grant - HUD - Open Space Land - 08_12_1971RESOLUTION APPROVING AND PROVIDING FOR THE
EXECUTION OF A PROPOSED CONTRACT FOR GRANT
S
` I TO ACQUIRE AND/OR DEVELOP LAND FOR OPEN-
1.: SPACE PURPOSES.
WHEREAS, under Title VII of the Housing Act of 1961, as amended,
the United States of America (herein called the "Government") has tendered
to the City of Lubbock, Texas, (herein called the "Public Body") a proposed
Contract for Grant to Acquire and/or Develop Land for Open -Space Purpose;
under which the Government agrees to make a Grant to the Public Body to
aid in financing a project, designated Project No. OSL-TX-06-16-1003; and,
WHEREAS, the Public Body has given due consideration to said pro-
posed Contract; and,
WHEREAS the Public Body is duly authorized, under and pursuant
to the Constitution and laws of the State of Texas, to undertake and carry
out said Project and to execute such proposed C ontract, NOW THEREFORE
BE IT :RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. The proposed Contract, designated "Contract For Gran
to Acquire and/or Develop Land for Open -Space Purposes, Contract No.
OSL-TX-06-16-1003 (G)", consisting of Parts I and II, under and subject
to the provisions, terms and conditions of which the Government will make
an Open -Space Land Acquisition and/or Development Grant under Title VII
of the Housing Act of 1961, as amended, to the Public Body to aid in financ-
ing the cost of a project, designated Project No. OSL-TX-06-16-1003, sit-
uated in the City of Lubbock, Texas, is hereby in all respects approved.
SECTION 2. The Mayor of the City of Lubbock is hereby authorized
and directed to execute said proposed Contract in two counterparts on behalf
of the Public Body, and the City Secretary -Treasurer is hereby authorized
and directed to impress and attest the official seal of the Public Body on eacl
such counterpart and to forward such counterparts to the Department of
Housing and Urban Development, together with such other documents rela-
tive to the approval and execution thereof as may be required by the Govern-
ment.
SECTION 3. The Director of Parks and Recreation of this Public
.-� 11 Body is hereby authorized to file requisitions, together with necessary
supporting documents, with the Government, from time to time as Grant
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funds are required, requesting payments to be made to it on account of the
Grant provided for in the Contract, and to do and perform all other things
acts required to be done or performed in order to obtain such payments.
SECTION 4. The Public Body agrees to abide by all of the provisio
terms and conditions of said Contract.
Passed by the City Council this 12tt'--- _r
ATTEST:
La nia Lowe, t;y Secretary -Treasurer
APPROVED AS TO FORM:.
Fred O. Senter, Jr., 1ty Attorney
UNITED STATES OF gIERICA
DEPARn,1LEriT Or HOUSING AI�v URBAN DEVELOPMENT
CONTRACT FOR GP UT TO ACQUIRE ANDIOR DEVELOP LAND
FOR OPEN SPACE PURPOSES
under
Title VII of the Housing Act of 1961, as Amended
Part I
Project No. OSL-TX-•06-16-1003
Contract No. OSL-TX-06-16-1003(G)
THIS AGREEMENT, consisting of this Part I and the Terms and Conditions
(Form HUD-3180b, dated 6-69) forming Part II•hereof (which Parts, together
are herein called the "Contract"), effective on the date hereinbelow set out,
by and between the City of Lubbock, Texas
(herein called the "Public Body") and the United States of America (herein
called the "Government"), WITNESSETH:
In consideration of the mutual covenants, promises, and representations
contained herein, the parties hereto do agree as follows:
SEC. 1.. PURPOSE OF CONTRACT .
The purpose of this Contract is to provide Federal fin2ncial assistance
to the Public Body in the form of a grant of Federal funds (herein called the
"Grant") under Title VII of the Housing Act of 1961, as amended, for the
purpose of carrying out a certain open -space land project (herein called the
"Project") and to state the terms and conditions under which such assistance
will be extended.
SEC. 2. THE PROJECT
(a) The Public Body agrees to undertake, carry out, and complete the
acquisition of fee simple title in, and development of, that certain land
located in the City of Lubbock County of Lubbock , and
State of Texas and more generally described'as follows:
SEE EXHIBIT "A" ATTACHED
i
The Public Body agrees to develop the land in the following manner and
with the improvements described:
All sites to include playground, landscape, water system, volleyball,
recreation shelter, park lights. Sites 2, 4 and 6 will also include tennis
courts.
(b)' The Public Body agrees to retain said land, as developed, for
permanent open -space purposes, and the open -space use or uses of said land
shall be for park and recreational purposes, conservation of land and other
natural resources, or historic or scenic purposes.
SEC. 3. THE GRANT
The Government agrees to make a grant to the Public Body to assist it in,
carrying out the Project.. The grant shall in no event exceed the lesser of
M 50 percent of the eligible Project costs, not including the cost of relo-
cation payments and assistance, as determined by the Government, and the
Government's share of the cost of relocation payments and assistance provided
by the Public Body in connection with the Project as specified in Section 4 of
the Contract, or (ii) U31,207
SEC. 4. 'RELOCATION PAYMENTS
The Public Body agrees to make relocation payments and payments for
eligible expenses incidental to transfer of title and condemnation litigation,
and to provide relocation assistance to or on behalf of eligible displacees in
accordance with and*to the full extent permitted by the regulations or other
requirements of the Secretary and within the budgetary limits of the Contract.
Notwithstanding any other provision of the Contract, the Government shall pro-
vide a Grant to fund the first *25,000 of the cost to the Puolic Body if pro-
viding -such payments and''assi.stance for each eligible displacee, pursuant to
such regulations or other requirements, displaced prior to July 1, 1972. Costs
of the Public Body for providing such payments and assistance in excess of said
$25,000 per eligible displacee on account of displacement occurring on or after
July 1, 1972, and all costs of the public body for providing such payments and
assistance on account of displacement occurring on or after July 1, 1972, shall
be treated and funded as are other eligible Project costs. Grant funds from
the total amount thereof set forth in Section 3 of the Contract; used to fund
the cost of relocation payments and assistance in accordance with this Section
of the Contract shall not without the prior written consent of the Secretary,
exceed
SEC , 5 . TIME OF PERFORMARTCE
The Public Body agrees that it will:
(a) Complete the acquisition of the open -space within 3 months
following the date of execution of the Contract.
(b) Initiate the development activities contemplated under this Contract
within 6 months after completion of acquisition of the open -space land, or
within 6 months after execution of the Contract, whichever is later, and
that it gill complete such development activities within a reasonable period
of time thereafter, now estimated to be 24 months.
SEC. 6. COUIEITERPARTS OF THE C01NTRACT
This Contract may be executed in two counterparts, each of which shall be'
deemed to be an original, and such counterparts shall constitute one and the
same instrument. -
SEC. 7. CHANGES APPLICABLE TO PART II HEREOF
None.
SEC. 8. SPECIAL CONDITIONS
,.._See .Exhibit_" B" Attached ------
SEC. 9. DEED RESTRICTION/RECORDATION
The Public Body agrees to have prepared and recorded in the appropriate
Land or Deed Records for:each open -space site contained in this project an
appropriate restriction indicating that the site or any interest therein may
not be sold, leased, or otheririse transferred without the prior written
approval of the Secretary of Housing and Urban Development, his designee, or
any successor thereto. This restriction may be recorded in the Public Body's
deed or deeds to the open -space site or in a separate instrument, provided
that the method used gives constructive notice (or the equivalent) of the
restriction. '
-SEC. 10. ASSURANCES
Prior to entering into the Contract the Public Body provided the following
to the Government: _
a Assurances that (i) fair and reasonable relocation payments•a.
assistance be provided to or for eligible displacees, as e-required
to be provided by ial agency under Sections 202 2@ , and 204 of the
Uniform Relocation Assistance eal Prope acquisition Policies Act of
1970, (ii) relocation assistance pr -- J T""ering the services described in
Section 205 of said Act �sh provided to sucn acees, and (iii) within
a reasonable perioSL-Q zif"" me prior to displacement, decent., _ and sar_itary
replaceme :re lings will be available to displacees in accordance
S.&on 205(c)(3) of said Act.
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(b) Assurances that (1) in acquiring real property it will be guided to
the greatest extent practicable under. State law, by the land acquisition
policies in Section 301 and the provisions of Section 302 of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 and
(ii) property others will be paid or reimbursed for necessary expenses as
specified in Sections 303 and 304 of said Act.
IN WITNESS VTHEREOF, the Public Body has caused this Contract_ to be duly
executed in its behalf and its seal to be hereunto affixed and attested; and,
thereafter, the Government has caused the same to be duly executed in its
behalf this __ day of 19
CITY OF LUBBOCK, TEXAS
By
(SEAL)
ATTEST: -(Type or Print Name)
Ap ed as tform's
Fred 0. Senter, Jr., ity Attorh� r
Type or Print lame
UNITED STATES OF AMERICA
Secretary of Housing and
Urban Development
By •
Area Director
Dallas Area Office, Region VI
r.,, �,.� ✓ 16 D
LEGAL DESCRIPTION OF PROPERTY
EXHIBIT "A" PROPOSED PARK SITE
TRACT. I -• CORONADO ADDITION
All of Lots 3 throw 13, Block 42, Coronado Addition
to the City of Lubbock, Lubbock County, Texas.
TRACT II - NORTH SIDE OF PARI.my ELEMENTERY SCHOOL
-BEGINNING at a point, said point being 16.0 feet South
of the Southeast corner of Lot 3, Mackenzie Terrace
Addition to the City of Lubbock, Texas;
THENCE South and along the West right of line of Zenith
Avenue a distance of 124.18 feet to a point of curvature
to . the right; said curve having a radius of 15.00 feet,
delta.an-le 900, tangent length of 15.00 feet, and an arc
length of 23.56 feet;
THENCE around said 15.00 foot curve an arc length distance
of 23.56 feet to a point of tangency;
THENCE West a distance of 25.0 feet to a point; '
THENCE South a distance of 30.0 feet to a point;
THENCE West a distance of 590.0 feet to a point;
THENCE North a distance of 777.44 feet to a point
in the North line of Section 2, Block A;
THENCE East along the North line of Section 22,
'Block A, a distance of 373.4 feet to a point;
THENCE South.a distance of 608.26 feet to a point;
- THENCE East a distance of 256.6 feet to the PLACE
OF BEGINNING.
3
w.
TRACT III -• NORTH OF CARTER-COFFEY ADDITION
BEGIM ING at a point in the North line of
Section 77,
Block A, said point being 30.0 feet North
and 30.0 West
_ of the Northwest corner of Lot 10, Block
5, Carter -Coffey
:-Addition to the City of Lubbock, Texas;
THENCE North 425.0 feet to a point;
- THENCE East and parallel to the North line of Section
. •77, Block A, a distance of 720.0 feet to
a.point;
THENCE South a distance of 425.0 feet to
a.point in
- the North line of Section 77, Block A;
TilENCE West along the North Line of Section 77, Block A,
a distance of 720.0 feet to the POINT OF
BEGINNING..
Containing. 7.02 acres. Cr
CT
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�4Nr..ri•i .
TRACT IV NORTH SIDE OF h M WRIGHT ELL;1LNTi:P.Y SCHOOL
BEGINNING at a point, said point being 849.92 feet North
• and 30.0 feet West of the Southwest corner of Lot 61,
Rome's Mesa Addition to the City of Lubbock, Texas;
THENCE North a distance of 395.0 feet to a point;
THCNCE.East a distance of 660.0 feet to a point;
THENCE South a distance of 395.0 feet to a point;
THENCE I•lest a distance of 660.0 feet to the POINT
OF BEGINNING.
Containing 6.05 acres.
Legal Description - Site Number Six, Wester
School Area
A part of Tract Thirteen (13), Low-rey Sul-2ivisior_ ;
- Secti.on Six (6), Block E2, Lubbock County, Te:;as, desc, _:!,-Zd
by metes and bounds as
BEGINNING at the Southeast corner of Section Six (6), E2 ...:.
THENCE West nine hundred ninety feet (990');
THENCE North three hundred thirty feet (330');
THENCE East nine hundred ninety feet (990');
THENCE South three hundred thirty feet to the PLACE C_. BFGIN-\ItiG.
EXHIBIT r'Brr
SPECIAL CONDI"i'IONS
1. It is understood and agreed that this Project contains
no relocation as referred to in other sections of this Contract.
2. Prior to disbursement of any portion of grant funds, the
Grantee will:
a. Submit an additional appraisal, satisfactory to the
Government, covering each parcel of land to be
acquired.
b. Submit a cooperative agreement, satisfactory to the
Government, between the Lubbock Independent School
District and the City of Lubbock, wherein it is
agreed that the multiple -use capability of all
school -city open -space areas will be maximized.
CERTIFICATE
The undersigned hereby certifies that:
1. She is the duly appointed, qualified and acting City Secretary -Treasurer
of the City of Lubbock, Texas (herein called the "Public Body"), and keeper
of the records thereof, including the journal of its proceedings.
2. The copy of the Resolution annexed hereto entitled:
RESOLUTION APPROVING AND PROVIDING FOR THE
EXECUTION OF A PROPOSED CONTRACT FOR GRANT TO
ACQUIRE AND/OR DEVELOP LAND FOR OPEN -SPACE
PURPOSE.
is a true, correct and compared .copy of the original Resolution authorizing
and approving the execution of a proposed Contract for Grant to Acquire
and/or Develop Land for Open -Space Purposes, designated Contract
No. OSL-TX-06-16-1003 (G), as finally adopted at a meeting held on
August 12, 1971, which was duly convened in conformity with all applicable
requirements; a proper quorum was present throughout said meeting, and
the Resolution was duly proposed, . considered and adopted in conformity
with applicable requirements; and all other requirements and proceedings
incident to the proper adoption thereof have been duly fulfilled, carried out
and otherwise observed.
. 3. Said Resolution became effective on the date therein specified, having pre-
viously been signed or approved by any and all parties, if any, required by
law to so sign or approve.
4. She is duly authorized to execute this Certificate.
WITNESS my hand and the seal of the Public Body this day of
August, 1971.
(SEAL)
Lavenia Lowe, City Secretary -Treasurer
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