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HomeMy WebLinkAboutResolution - 122271G - New Cooperation Agreement - URA - Memorial Civic Center - 12_22_1971/zz27i�' RESOLUTION RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A NEW REVISED COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF LUBBOCK AND THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK CONCERNING THE MEMORIAL CENTER COMPLEX URBAN RENEWAL PROJECT. WHEREAS, the City of Lubbock and the Urban Renewal Agency, on May 14, 971, entered into a revised Cooperation Agreement in regard to the execution of ie Memorial Center Complex Project, No. Tex. R-138(c), and WHEREAS, subsequently the Urban Renewal Plan and supporting documents such as the project improvements plan, the land disposition Plan, and the project expenditures and financing plan have been amended in regard to the revised site plan, all as part of an Amended Application for Loan and Grant, and WHEREAS, the responsibilities of the City of Lubbock and the Urban Renewal Agency of the City of Lubbock as specifically enumerated in the said revised Cooperation Agreement have been altered as needed to fit the changed Urban Renewal Plan, and WHEREAS, said altered responsibilities have been specifically enumerated an, Let forth in a new revised Cooperation Agreement which is required to be executed rior to the Federal Government offering an amended Loan and Grant Contract in onnection with said project; NOW THEREFORE IBE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT, the Mayor BE and is hereby authorized to execute said new, revised ooperation_Agreement, attached hereto and made a part hereof, by and between ie City of Lubbock and the Urban Renewal Agency of the City of Lubbock, said cecution to be attested by the City Secretary -Treasurer. ssed by the City Council this 22^d day of .TTEST: reasurer PPROVED AS TO FORM: red O. Senter, Jr., City Adi6rney z RESOLUTION OF THE PLANNING AND ZONING COMMISSION RECOMMENDING APPROVAL OF THE URBAN RENEWAL PLAN FOR THE MEMORIAL CENTER COMPLEX URBAN RENEWAL PROJECT, PROJECT NO. TEX R-138 (C) WHEREAS, a document entitled "Memorial Center Complex Urban Renewal Project Revision, Tex R-138 (C), Disaster Project, Urban Re- newal Plan, " dated December, 1971, and consisting of eighteen pages of narrative and four exhibits (hereinafter referred to as the Plan) was pre- sented to this body and has been studied by the planning staff and by the members of this body, and WHEREAS, the L4nd uses and related planning proposals of said Plan have been reviewed and studied by the City Planning Department and have been found to conform to the general plans of the City, to be related to definite local objectives as to appropriate land uses, improved traffic, public trrznxportatidn, utilities, recreational and community facilities, and other public improvements, and to be compatible with plans or devel- opment prospects for the neighborhood or district of which the project area is a part, and WHEREAS, said Plan for said project needs to be recognized as a guide for the redevelopment of the area and recommended to the City Council for approval; NOW THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF LUBBOCK: THAT said Plan for the Memorial Center Complex be and is hereby approved and recommended to the City Council of the City of Lubbock as a guide for the redevelopment of the area. On motion of Mr. T. E. Milam seconded by Mr. Gary Barrett the above and foregoing resolution was passed on this 21 st day of December lijth'e following vote: Commissioners voting "AYE": Mr. Jack Kastman, Mr. L. C. Rutledge, My i.4::R`obert Lugo, Mrs. Alice Johnson and Mr. Wayne Holland. Commissioners voting "NAY": ATTEST: CHAIRMAN REVISED COOPERATION AGREEMENT BETWEEN THE CITY OF LUBBOCK AND THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK WITH RESPECT TO THE MEMORIAL CENTER COMPLEX NO. TEX. R-138(C) This agreement made and entered into by and between the Urban Renewal Agency of the City of Lubbock (hereinafter called Agency) and the City of Lubbock, a mun- icipal corporation (hereinafter called the City, ) WITNESSETH: WHEREAS, the Agency is a public body corporate and politic, created by the Urban Renewal Law of the State of Texas (Article 1269 1-3 R. C. S. of Texas) and is transacting business and exercising the powers granted by said law; and WHEREAS, the Agency proposes with the aid and cooperation of the City to undertake and carry out an urban renewal project in the City (hereinafter called the Project) in accordance with the Urban Renewal Plan therefor approved by the Council of said City, the effective date of such approval being December 21, 1971, and pursuant to the provisions of said Urban Renewal Law of Texas; and WHEREAS, the Agency proposes in carrying out the Urban Renewal Plan for said Project, to acquire that property and improvements. as provided in and by said Urban Renewal Plan; and WHEREAS, the Agency proposes to enter into a loan and grant contract with the Secretary of the Department of Housing and Urban Development,' an Agency of the United States of America, providing for financial assistance pursuant to Title I of the Housing Act of 1949, as amended, for the rehabilitation, acquisition, clear- ance, preparation for sale, and disposition of parcels within said Project in the sum of ; 1. A loan or loans in an amount sufficient to enable .it to defray the gross cost of the project, but in the amount of at least $14, 625, 182. 2. A, project capital grant in the amount of at least $8, 782, 082. 3. A Relocation Grant in the amount of at least $2, 580, 600. WHEREAS, the City desires to provide "Local Grants -in -Aid" in -connection with said Project and has heretofor indicated its intention to do so in an Ordinance -1- approving said Urban Renewal Plan for said Project: NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, the Agency and the City agree: 1. The Agency agrees to proceed, diligently and forthwith, with all necessary action, work and undertakings to carry out the proposed and approved Urban Renewal Plan in the Project Area described by metes and bounds on Exhibit "A" attached hereto and made a part hereof, and to carry out and fulfill the proposed Loan and Grant Contract between it and the United States of America, acting by and through the Secretary of the Department of Housing and Urban Deve- lopment, such Project Area being identified as the Memorial Center Complex Urban Renewal Project, No. Tex. R-138(c), situated in the City of Lubbock, Lubbock County, Texas. 2. The City agrees to provide "Local grants-in-aid" and to cooperate otherwise in the undertaking and completion of said Urban Renewal Project and to take such action as may be required to vacate streets, alleys and utility and drainage easements; to accept dedication of other areas for streets, alleys, parks, utility and drainage ease- ments as may be necessary and proposed in said Plan for said Urban Renewal Project, and to zone and re -zone the Project properties in accordance with said Urban Renewal Plan therefor so far as the City may legally do so. 3. The City recognizes that, under Federal Law, the locality must pro- vide one-third (1/3) of net costs of Projects and hereby agrees, as far as it is able within its charter and applicable laws, to contribute cash or non -cash grants-in-aid in such additional amount or amounts as shall be required from time to time in order to make it possible . for the Urban Renewal Agency of the City of Lubbock to earn the full capital grant in Federal Funds in connection with such Project. In this connection the City agrees to do the',following including necessary engineering and other contingencies, at its cost; -2- (01�1 (01� A. Proposed Non -Cash Grants -in -Aid @ 10076 Eligibility Estimated % NCGIA Cost Eligible Amount 1. Public Offstreet • Parking 83, 889 S. Y. @ 3. 60/ S. Y. $ 302,000 100% $ 302,000 2. Central Heating & Cooling Plant $ 850,000 1001, $ 850,000 3. Landscaping $ 150,000 100% $ 150,000 4. Day Care Learn- ing Center $ 340,000 100% $ 340,000 5. Miscellaneous Site Improvements $ 75,000 100% $ 75,000 6.. Art Allowance $ 75,000 100% $ 75,000 Eligible @ 100.0/6 $1, 792. 000 $1, 792, 000 B. Proposed Non -Cash Grants -in -Aid @ 2516 Eligibility 1. Convention Facilities and meeting rooms $3, 239, 600@ 25% $ 809.900 2. Threatre $ 894, 000@ 2516 $ 223,500 Eligible @ 251o' $4, 133, 600@ 25% $1, 033, 400 C. Library $1, 100, 000@ 25% $ 275.000 D. Land Purchase $1, 000, 000 49. 43% @ 25% credit 494, 300@ . 25% $ 123,575 50. 57% @ 100% credit 505, 700@ 100% $ 505,700 Sub Total $3, 729, 675 E. Avenue Q and 4th Street $ 240, 000@ 10016 $ 240,000 Sub Total $3, 969, 675 F. Topics Program Total 30, 000 estimated (15, 000 Federal) $ 15,000 TOTAL $3, 984, 675 Because the program for the Convention Center facilities has not been finalized, some of the above mentioned facilities may change; but in any event the City of Lubbock agrees to provide non -cash Grant -in - Aid at least in the amount of $3, 984. 675. 4. The City agrees to contribute cash in the amount of $132, 999 to provide its one-third (1/3) of net costs of projects. It shall be paid in four equal -3- n n n n annual installments, of $33, 249. 75, the first of which to be paid on or before March 31, 1972. Should the financing plan be revised and upon approval of such Plan by D. H. U. D., the City of Lubbock understands that in a new financing plan the above cash grant-in-aid may be reduced or eliminated and further, in that event, the City may be eligible for a refund of prior payments upon approval of such Plan by D. H. U. D. 5. It is further understood and agreed that the public facilities and improve- ments here.inabove stipulated to be provided by the City of Lubbock will be undertaken and completed in such order and sequence and at such dates as will permit the prompt and orderly undertaking and comple- tion of the proposed urban renewal pruject by the Urban Renewal Agency and in any event the construction of any such improvements shall start prior to closing of the project. 6. The City agrees to maintain and repair all public facilities or improve- ments which the City may provide .in the Project area under the terms of this agreement, as well as those. which the Agency may provide in the area, and any other public facilities or improvements which may be located or constructed in the Project area, in the same manner and to the same extent that similar facilities and improvements located in other areas of the City of Lubbock are maintained and repaired by the City. Of there are no similar facilities, the City agrees to maintain and repair such facilities or improvements to the extent and in a manner (1) necessary to prevent deterioration, (2) conducive to the preservation of aesthetic beauty, sightliness and desirability and (3) consistent with the safe and pleasant use by the public of such facilities and improvements. 7. The City of Lubbock recognizes that Title VI of the Civil Right Act of 1964 and the regulations and policies of the Department of Housing and Urban Development effectuating the title prohibit descrimination on the grounds of sex, race, color, or nationAl origin in the policies and prac- -4- tires of any public facility, educational institutions, or hospital respon- sible for proposed credit to the Locality's share of the cost of an urban renewal project receiving the financial assistance from the United States and the Secretary of the Department of Housing and Urban Development that the facilities described in Paragraph number 3 hereof as well as any other facilities which may be in any way owned, operated, or spon- sored by the City will be available to and serve all persons without re- gard to race, color or national origin. 8. The Agency agrees to sell to and the City of Lubbock agrees to purchase all of the Parcels 4a-1 and 4b-1 as designated for public reuse, on the Land Disposition Map attached hereto as Exhibit B of which the total estimated disposition price is $1, 000, 000, however, the actual purchase price shall be that determined by two independent appraisals. The Agency agrees to convey all such parcels by a general warranty deed after purchase, demolition and clearance by the Agency. When these parcels of land are made -available to the City for redevelopment in accordance with the Plan, the City agrees to enter into a Redevelopment Contract which will contain all the required covenants and restrictions necessary to comply with the Housing Act of 1949, as amended. 9. The City of Lubbock agrees to sell Parcels 4 and 5, Block 53 of the Original Town Addition to the Urban Renewal Agency, of which the esti- mated acquisition price is $64, 375, however, the actual purchase price shall be determined by two independent appraisals. 10. The City of Lubbock hereby agrees to accept from the Agency all parcels or portions of parcels of land as designated on Exhibit SD IX Land Dis- position Map attached hereto as Exhibit "B", in dedication for public Right-of-way for.purpose of street reconstruction or widening. 11. The City further agrees to cooperate with the Agency in all respects to such extent as may be necessary and required in order to bring the Memorial Center Complex Urban Renewal Project No. TEX R-138(c) to its final and successful completion. -5- t 12. The City further agrees that it will comply with the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies • Act of 1970 and will provide cash or non -cash local grants-in-aid for one-third (1/3) of the relocation expenses incurred by families and individuals after July 1, 1972, and beginning on January 2, 1971, will also provide one-third (1/3) of all relocation expenses of any business to the extent that said expenses exceed the sum of $25, 000. EXECUTED IN DUPLICATE ON THIS THE day of i 19 ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney ATTEST: Secretary CITY OF LUBBOCK BY Mayor URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK BY Chairman of the Board