HomeMy WebLinkAboutResolution - 101173F - Cooperation Agreement - URA - Neighborhood Development Program - 10_11_1973r
101175 5 !
R E S 0 L U T 1 0 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 a Cooperation Agreement between the City of Lubbock and
the Urban Renewal Agency of the City of Lubbock, for the Neighborhood
Development Program, attached herewith which shall be spread upon the minute
of the Council and as spread upon the minutes of this Council shall consti-
tute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this lith day of October 1973.
9 9094-��
ORRIS W. TURNER, MAYOR
ATTEST:
Lav is Lowe, City Secretary -Treasurer
APPROVED AS TO FORM:
Fred 0. Senter, Jr., City ryney
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t a a RES 0L`UTi`10N II
ACCEPTING AMENDMENT NO., 2 TO`GRANT AGREEMENT
CONTRACT N0:'FA' 69^SW.•9004
' 'BE IT RESOLVED by the City Council'of the,Citq of Lu�bock, Texas:
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SECTION 1.' That the Mayor andi'.City Council of the City of
Lubbock, Texas, do he `accept Andmeat,No. 2 to Grant Agreement,
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Contract No. FA 69 SW 9004, as authorized by Chief, Airports
.District Office, Federal AviationIdminist'tation, transmitted by
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letter dated ;•th0;said,Mayor and City Council do
hereby accept all the terms,`conditions, and obligations therein
` and thereby imposed and by their acceptance of same do hereby
acknowledge such instruments'as•constitu ing a solemn and binding
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.agreement with the United StatesCiiverntnent,�for the purpose of
:'. obtaining Federal aid in the.s.v opment,fif the Lubbock Regional
Airport, and that such agreement- ~shall;belas':set hereinbelow.
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'. SECTION 2. That :the Mayor,of'ahe Citq.of.Lubbock, Texas, ie .
her authorized and"directed to evidence said City's agreement
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'suchagreement,'which
by affixing his signature to is hereby
`executed in sextuplicate, anid'th6City Secretary -Treasurer is
;..hereby authorized and directed to,',impress the official seal of
(the City of Lubbock :1exap ,thereon';and to'attest said execution.,';
;.." . SECTION 3 ,' That `the. Amend4ut,. No 2` to the' Grant Agreement
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referred to hereinabove shall be as fo],lowa '+ a
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UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION`ADMINISTRATION
Contract No. FA 69 SW 9004
Lubbock Regional Airport
Lubbock, Texas
AMENDMENT NO. 2.TO GRANT AGREEMENT FOR PROJECT NO. 9-41-071-C913
WHEREAS, the Federal Aviation Administration (hereinafter referred
to as the "FAA") has determined it to be in the interest of the
United States of America that the Grant Agreement between the FAA,
acting for and in behalf of the United States, and the City of
Lubbock, Texas, (hereinafter referred to as the "Sponsor"), accepted
by said Sponsor on the 13th day of March 1969 as amended by
Amendment No. 1 to the Grant Agreement accepted by Sponsor on the
22nd day of November 1972, relating to the Lubbock Regional Airport,
a/k/a West Texas Air Terminal, Lubbock, Texas, Project No. 9-41-
071-C913, be further amended as hereinafter provided.
NOW THEREFORE, WITNESSETH:
That in consideration of the benefits to accrue to the parties }'
" hereto, the FAA on the one part, and the Sponsor, on the other
part, do hereby mutually agree that the said Grant Agreement shall
be and hereby is amended as follows:
It is understood and agreed that the Sponsor by accepting
sthis Amendment agrees to and does hereby delete from its
Project Application the undated Exhibit "A" incorporated
into the Grant Agreement by Special Condition 9(f), and
agrees to and by acceptance of this Amendment does hereby
substitute in lieu of said Exhibit "A" a revised property
map designated EXHIBIT "A" dated',"July'1969 REVISED
AUGUST 1973.
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IN WITNESS WHEREOF,'the part10s hereto have,caused this Amendment ;
to said, Grant Agreement to;be'4u1y`executed as of this
day of '�,,,��•',.1973.• <
':vi7NITED
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+' "�' STATES OF AMERICA
FEDERAV AVIATION ADMINISTRATION
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Chief, A/buqu irports District Office
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(SEAL)
TY OF L BO , TEXAS
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Attest:..' i
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Title: ,
CERTIFICATE OF SPONSORS ATTORNEY ,''`
acting as Attorney for, the
' :•;City
of Lubbock, Texas, doherebycertify: That I have examined
the foregoing Amendment to the -Grant Agreement and the proceedings
taken by said Sponsor:relating thereto; and find that the execution
thereof by said Sponsor..has been duly authorized and is in all
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respects due and proper.and,in,accordance with the laws of the
State of Texas, and further' that;:in,my opinion, said Amendment
to the Grant.Agreement Constitupep-a legal' and binding.obligation
of the Sponsor in.. acordance faith= tpe 'terms thereof.
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Dated at' _ ly this
day. of , 1973.
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SECTION 4: For the'presetvation'.of the public peace, health, and
safety, an emergency is hereby dec_ d to exist. by reason whereof this
Resolution shall: be in full force'+from ;and after its passage and approval.
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PASSED AND APPROVED by a'ma 6i�ity`vote of the Council of the City
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of Lubbock, Texas, and'appfoded 1 me'thisr llthday of October ;
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1973.
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- MAYOR, MORRIS W. TURNER
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AD roved as SO for nU
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j Banter, Jr., Clty A�.r
CITY SECRETARY"TREASURE$';'
Lavenie Lowe {
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CERTIFICATE'i
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I,. Lpvenie Lowe ,� the duly qualified and acting City
{ .,:,.Secretary
-Treasurer of the City; of Lubbock, Texas, do hereby certify
that the attached from ihe,minutes-�of the Regular meeting 'of the City
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Council of said City of Lubbock, -Texas; held on October 11, 1973 ,
is a true and correct copy ofr the original minutes of said meeting on
file and of record insofar;as•said`.original minutes relate to the matters '
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set forth in said attached estract,;and I do further certify that a
copy of the Resolution appearing<in said attached extract is a true and
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correct copy of such'Resolut#on adopted ,at said. -meeting and on file
and of record in my. office •,ti
In testimony whereof, I,iave Abreunto'set'my hand and seal of said
City of Lubbock, Texas,, this. It•th day of October 1973
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;.CITY SECRETARY -TREASURER
SEAL
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COOPERATION AGREEMENT BETWEEN THE CITY OF LUBBOCK
AND THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK
WITH RESPECT TO NEIGHBORHOOD DEVELOPMENT PROGRAM TEX-A-14(C)
ACTION.YEAR IV - FEBRUARY 1., 1974 to FEBRUARY--1, 1975 -
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 municipal corporation
(hereinafter called "City"),
WITNESSETH:
WHEREAS, the Agency is a public body corporate and politic,
created by the Urban Renewal Law of the State of Texas (Article
1269L-3, R.C.S. of Texas) and is transacting business and exer-
cising the powers granted by said law; and
WHEREAS, the Agency proposes with the aid and cooperation
of the City to undertake and carry out a Neighborhood Development
Program in the City (hereinafter called the Project) in accord-
ance with the Urban Renewal Plan therefor approved by the Council.
of said City, the effective date of such approval being
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 acquisition, clearance,
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 $8,870,591.00.
2. A'project capital grant in the amount of at least
$7,307,281.00.
3. A rehabilitation grant in the amount of at least
$610,650.00.
WHEREAS, the City desires to provide "Local Grants -in -Aid"
in connection with said Project.
NOW, THEREFORE, the Agency and the City agree as follows:
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, a description of.which is
attached hereto and marked as "Exhibit 1", and to
carry out'and fulfill the proposed Loan and Grant Con-
tract between it and the United States of America,
acting by and through the Secretary of the Department
of Housing and Urban Development, such Project being
identified as the Neighborhood Development Program,
No. TEX-A-14(C), situated in the City of Lubbock,
Lubbock County, Texas.
2. The City agrees to provide "Local Grants -in -Aid" in
at least the amount of $3,653,640.00 and to cooperate
otherwise in the undertaking and completion of said
Neighborhood Development Program, including the pro-
posed park redevelopment during the Third Action Year,
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, and utility and drainage easements as may be
necessary and proposed in the Urban Renewal Plan for
said Urban Renewal Project; to dedicate such areas for
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public rights -of -way as may be necessary and proposed
in the Urban Renewal Plan for said Urban Renewal Proj-
ect; 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 provide 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 projqct.
'4. The Agency agrees to develop the land designated upon
the attached "ExhibitxA" as Parcel 6A-7-3 into a park
facility which will contain elements of and function
as a Neighborhood Park. The Agency agrees to develop
the land designated upon the attached "Exhibit A" as
Parcels 6E-1-15, 6E-2-15, and 6E-3-5 into a landscaped
open space and screening area. The Agency agrees to
dedicate to the City of Lubbock and the City of Lubbock
agrees to accept all of the said Parcels 6A-7-3,
6E-1-15, 6E-2-15, and 6E-3-5'.as designated on Land
Disposition Map attached hereto as "Exhibit A".
5. The City of Lubbock agrees to maintain and repair all
public facilities or improvements which the Agency
may provide in the park areas under the terms of the
agreement, as well as those the City may provide in
the areas, and any other public facilities or improve-
ments which may be located or constructed in the park
areas, in the same manner and to the same extent that
facilities and improvements located in other areas of
the City of Lubbock are maintained and repaired by
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the City. If there are no similar facilities, the
City agrees to maintain and repair such facilities or
improvements to the extent in any manner (1) necessary
to prevent deterioration, (2) conducive to the preser-
vation of aesthetic beauty, sightliness, and desira-
bility, (3) consistent with safe, pleasant use by the
public of such facilities and improvements.
6. The Agency agrees to sell to the City and the City
agrees to purchase all of the Parcels 6A-7-1, 6A-9-1,
6C-1-1, and 6C-18-1 as designated for public reuse on
the Land Disposition Map attached hereto as "Exhibit
A" of which the total estimated disposition price is
$51,651.00; 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
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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.
7. The City of Lubbock recognizes that Title VI of the
Civil Rights Act of 1964 and the regulations and
policies of the Department of Housing and Urban Devel-
opment effectuating said Title prohibit discrimination
on the grounds of race, color, religion, sex, or
national origin in the policies and practices of any
public facility, educational institutions, or hospital
responsible for proposed credit to the Locality's
share of the cost of any urban renewal project receiv-
ing financial assistance from the United States and
the Secretary of the Department of Housing and Urban
i Development that the facilities described in Paragraph
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No. 3 hereof, as well as any other facility which may
be in any way owned, operated, or sponsored by the
City, will be available to and serve all persons with-
out regard to race, color, religion, sex, or national
origin.
'8. The City of Lubbock hereby agrees to accept from the
Agency all parcels or portions of parcels of land as
designated on the Land Disposition Map attached hereto
as "Exhibit A" in dedication for public Right -of -Way
for purposes of street reconstruction or widening.
EXECUTED IN DUPLICATE on this the -I 1 day of
1973.
CITY OF LUBBOCK
By ��)
ATTEST:
..X"14;. (/Vi...le
....
s Mayor
City Secretary
APPROVED AS TO FORM AND LEGALITY:
............ .............
City Attorney
URBAN RENEWAL AGENCY
OF THE CITY OF LUBBOCK
By
ATTEST: ..........................
Chairman.of.the Board
Secretary