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HomeMy WebLinkAboutResolution - 121274C - Incurrence Of Cost For Block Grant Application - 12_12_197411 KJ:dw ZZLZW C..a A RESOLUTION AUTHORIZING THE INCURRENCE OF COSTS IN THE PLANNING AND PREPARATION OF AN APPLICATION FOR BLOCK GRANT FUNDS UNDER TITLE I OF THE HOUSING AND COM- MUNITY DEVELOPMENT ACT OF 1974, PUBLIC j.AW 93-383.. WHEREAS, the City of Lubbock intends to file an application for Block: Grant Funds under Title I of the Community Development Act of 1974, between the f'erst day of December, 1974 and the fifteenth day of Aprii, 1975', WHEREAS, it is now considered necessary to incurr certain costs in , the planning and preparation of said application; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK OF LUBBOCK COUNTY, TEXAS, AS FOLLOWS: SECTION L The incurrence of necessary, costs for the planning and preparation of said application is hereby authorized subject to the budget presented to the City Council and duly adopted. SECTION 2. It is specifically recognized and understood that reim- bursement for such incurred costs is dependent upon the appropriation and availability of funds under Title I of the said Conanunity Development Act of 1974, and also the timely submission of the said application in accordance with Section 570. 303 of Title 24 of the Code of Federal Regulations. SECTION 3. It is further specifically recognized and understood that the costs incurred as described in this Resolution shall not exceed ten (10) percent of the City of Lubbock's entitlement amount under the said Title I, and all of such costs will be fully documented in the applicantts files. SECTION 4. It is understood that the purposes set forth in the City Council Resolution of November 13, 1974 are hereby re -affirmed. BE IT FURTHER RESOLVED that this Resolution shall take effect immediately. Adopted and Approved by the City Council of the City of Lubbock, Lubbock County, Texas, this the 12 day of DECEMBER 1974. ems+ ROY BASS, MAYOR ATT ST: oaw Treva Phillips, City Secretary -Treasurer approved as to form: Fred Q. Senter, Jr., City Attomev JWF:dw RESOLUTION WHEREAS, it has been determined that the Canyon Lakes Area within the City of Lubbock, Lubbock County, Texas, should be developed for public open space called the Canyon Lakes Project; and, WHEREAS, the Department of Housing and Urban Development (HUD) United States Government, has contracted with the City for matching funds to aid in the development of said Project; and, WHEREAS, it is necessary to acquire for the Canyon Lakes Project the possessory and use rights for three poster board advertising signs sites located within the Project Area from the owners thereof, to -wit: Lubbock Poster Company, a partnership composed of Iva Edington, a femme sole, and. Homer L. Hensley; and, WHEREAS, the City Council has caused two appraisals to be made of said owner's rights, title, and interest with respect to said three poster boars sign.sites; and, WHEREAS, after said appraisals were considered, and the City has determined the price to be offered fair and equitable; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK- SECTION 1. THAT the City of Lubbock acquire for the purpose of developing public open space described as the Canyon Lakes Project, all the right, title and interest of Iva Edington and Homer L. Hensley, dba Lubbock Poster Company, a Partnership (as owners) to possessory rights respecting 3 outdoor advertising poster board sign sites, two of which sites are located at or near the North Side of East Nineteenth Street and the other site which is located at or near the North Side of East Broadway, all of said sites being in said Canyon Lakes Project Area. SECTION 2. THAT said owners be offered fair market value comp- ensation for all their said right, title, and interests in said sites, in the amount of $7, 523. 00, and allowed to remove their 3 poster board signs as f personal property of said owners for a reduction in compensation to them of $233. 00, which this City Council finds to be fair and reasonable. Said i offer is to be formalized in writing and spread upon the minutes of this City Council, and when executed by the Mayor of the City of Lubbock and said owners, shall evidence such offer and acceptance and conveyance of interests by said owners in the premises; the owners having previously orally indicated their willingness to the acceptance of such offer. Passed by the City Council thisl2 day 1974. ATTEST: BOY BASS, MAYOR Treva Phillips, Cit ecretary-Treasurer Eied o. senter, Jr.. ;;i,, A.. ner RESOLUTION 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 Fire Protection Agreement between the City of Lubbock and Lubbock County, covering fire protection to Lubbock County outside 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 12th day of December _ 197 4 ROY B S , YOR ATTEST: Treva Phillips, y Secretary -Treasurer APPROVED AS TO FORM: red O, Senter, Jr., Ci RESO"LUTION E 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 Release to MINNESOTA MINING AND MANUFACTURING COMPANY as full settlement of damages,: -injuries and losses occuring from iristalla- ' tion of "Tartan" Surfacing in the Lubbock Municipal Coliseum, 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 Reso- lution as if fully copied herein in detail. Passed by the City Council this. 12 day'of DECEMBER 1874. ' AV ROY SS, MAYOR ATTEST: Treda Phillips, C01ty Secretary -Treasurer APPROVED AS TO FORM: Fred 0. Senter, Jr., City Attorney tt FIRE PROTECTION AGREEMENT THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK X THIS Agreement entered into between the Commissioners' Court of Lubbock County, Texas, acting by and through its duly authorized County Judge, hereinafter called "COUNTY" and the City of Lubbock, acting by and through its duly authorized Mayor, hereinafter called "CITY," entered into pursuant to Article 235la-1, V.A,C,S. WITNESSETH: WHEREAS, the County Commissioners' Court of Lubbock County, Texas, has determined that a need exists for fire protection to be provided to protect the, property of citizens of Lubbock County, Texas, who reside outside the Iimits of the City of Lubbock; and WHEREAS', the City of Lubbock agrees to furnish fire protection service upon the terms and conditions stated below. 1. The City agrees that fire fighting equipment shall be furnished in response to fire calls from points beyond the limits of the City of Lubbock, for the consideration hereinafter stated, with such fire fighting equipment dispatched to the . location of the fire as shall be determined by the Fire Chief .or such officer as he. directs. 2. The County hereby agrees and obligates itself to pay to the City of Lubbock the sum of Five Hundred Six and 67/100 Dollars ($506.67) for response to each call for fire assistance at any rural location in Lubbock County beyond the City Limits of the City of Lubbock during the period from the execution date hereof to September 30, 1975, and for each year thereafter unless terminated as hereinafter provided, for which the'County agrees and obligates itself that it will pay sixty-six and two=thirds-percent (66 2/3%) of the actual operational cost per call to be computed on the same basis as the figure of No Text No Text THAT, in consideration* of the sum of SEVEN THOUSAND FIVE HUNDRED AND N0/100 ($7, 500.00) DOLLARS, paid to the CITY OF- LUBBOCK, a Home Rule Municipal Corporation of Lubbock County, Texas, and CIVIC LUBBOCK, INC., a Texas Non -Profit Corporation, being the parties and entities undersigned executing this Release, cash in hand paid by the MINNESOTA MINING AND MANUFACTURING COMPANY, a Delaware Corporation, the receipt and sufficiency of which is hereby acknowledged, the said CITY OF LUBBOCK, TEXAS, and CIVIC LUBBOCK, INC., do hereby accept the same in full payment and in full compensation and settlement for, and do hereby release and forever discharge the said MINNESOTA MINING AND MANUFACTURING COMPANY, its legal rep- resentatives and successors, of and from all causes of action, damages, liabilities, expenses and costs, whatsoever on account of any and all warranties, guarantees or assurances, whether orally or in writing which could or may have arisen inducing the original decision to purchase and install "TARTAN" Brand Surfacing in the Lubbock Auditorium Coliseum, in the City of Lubbock; and including any and all statements, representations, advertising or assurances given in relation to same which may have or could have supported reliance upon same by the undersigned; and including all work, services, directions, specifications or other activities in any manner ' whatsoever related to same by officers, agents or employees of the MINNESOTA MINING AND MANUFACTURING COMPANY; and including any defects related to said flooring, its materials, construction, installa- tion, base or sub -base, whether known to the undersigned or which may subsequently be discovered, if any for which said MINNESOTA MINING AND MANUFACTURING COMPANY could be legally accountable. The intention hereof being to completely, absolutely and finally release the said MINNESOTA MINING AND MANUFACTURING COMPANY, its legal representatives and successors, from all defined liabilities relating to the activities above described. The undersigned understand and agree that the payment of said sum is not to construed as an admission of any liability on the part of the said MINNESOTA MINING AND MANUFACTURING COMPANY, and the undersigned represent that the execution of this Release is a voluntary act and that no representations were made on behalf of the MINNESOTA MINING AND MANUFACTURING COMPANY, by its legal representatives, agents or employees as an inducement for the execution of this Release. The undersigned warrant that no part of this claim against the MINNESOTA MINING AND MANUFACTURING COMPANY has been assigned to any other person or group of persons in whole or in part. It is understood that no person or persons has authority for or, on behalf of the MINNESOTA MINING AND MANUFACTURING COMPANY to make any representation or promises or offer any consideration not herein expressed. Each of the undersigned have read or have had read to each of us, all the foregoing Release, and each of us have voluntarily executed said Release as the act and deed of the entity indicated and for the purposes and consideration herein expressed this the 12 day of December, 1974. This Release is executed on behalf of the City of Lubbock,. Texas, by its Mayor, ROY BASS, as duly authorized by Resolution of the City Council of the City of Lubbock, Texas, dated the 12 day of December, 1974; and on behalf of CIVIC LUBBOCK, INC., a Texas Non -Profit Corpo- ration , by its President, W. R. MOSS, as duly authorized by Resolution -2- of CIVIC LUBBOCK, INC., dated the 6th day of December, 1974. The CITY OF LUBBOCK, A Home CIVIC LUBBOCK, INC., A Rule Municipal Corporation of Texas Non -Profit Corporation Lubbock County, Tegastho�A 1 ROY BASS, MAYOR W. R. MOSS, PRESIDENT ATTEST: ATTEST: c%rfcuw ' TREVA PHILLIP JOHN A. SEILER City Secretary -Treasurer Secretary APPROVED AS TO FORM: FRED O. SENTER, JR., City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared ROY BASS, known to me to be the person whose name is subscribed to the foregoing instru- ment and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK, TEXAS, and as its MAYOR, for the pur- poses and consideration therein expressed and in the capacity therein stated. GIVEN under my hand and seal of office, this the day of December, 1974. NOTARY PUBLIC, in and for Lubbock County, Texas My commission expires June 1, 1975. THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said Ccu nty, Texas, on this day personally appeared W. R. MOSS, known to me to be the person whose name is subscribed to the foregoing' instru- ment and acknowledged to me that he executed the same as the act and deed of CIVIC LUBBOCK, INC., a Texas Non -Profit Corporation, and as its . President, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN under my hand and seal of office, this the day of December, 1974. NOTARY PUBLIC, in and for Lubbock County, Texas My :commission expires June 1, 1975