Loading...
HomeMy WebLinkAboutResolution - 011278C - Amended Funding Agreement - URA - 3Rd Year CD Program - 01_12_1978."I D//Z/78'C RESOLUTION RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDED FUNDING AGREEMENT IN REGARD TO RELOCATION ASSISTANCE BY AND BETWEEN THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK AND THE CITY OF LUBBOCK FOR THIRD YEAR COMMUNITY DEVELOPMENT PROGRAM WHEREAS, on the 26th day of May, 1977, the City of Lubbock and the Urban Renewal Agency executed a funding agreement whereby the Agency agreed, among other matters ,to provide rehabilitation assistance in the form of a "no -interest, deferred payment loan" for certain designated areas; and WHEREAS, the relocation assistance being provided also includes administering and processing Section 312 loans which are funded separately by the Federal Government and such additional assistance should be specifically delineated in the agreement; and WHEREAS, the limited areas for relocation assistance as set forth in said funding agreement need to be expanded to conform to the recently adopted "Lubbock Rehabilitation Strategy" which provides, among other matters, that relocation assistance both in the form of no -interest, deferred payment loans and in Section 312 loans be made available to an entire neighborhood covered by an urban renewal plan of which such limited areas are a part; and WHEREAS, the Region VI office of the Department of Housing and Urban Development has recently offered to give the Urban Renewal Agency direct approval authority with respect to Section 312 rehabilitation loans; and WHEREAS, such local approval authority by the Agency would expedite the processing of Section 312 loans and such approval authority should also be specifically included in said Third Year Community Development Funding Agreement; N041, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor be and is hereby authorized and directed to execute on behalf of the City of Lubbock an "Amended Funding Agreement between the City of Lubbock and the Urban Renewal Agency of the City of Lubbock for the Third Year Community Development Program". SECTION 2. THAT said Amended Funding Agreement include the administration and processing of Section 312 loans including local approval authority by certain designated Agency officials. SECTION 3. THAT the areas included in said third year funding agreement and receiving rehabilitation assistance be expanded to encompass the entire neighborhood under which they are a part. Passed by the City Council this 12tE ATTEST: EVA PHILLIPS,'CITY ECRETARY-TREASURER day of lfanuary 1978 r is TO BPXS, MAYOR 8B ¢d:3o.:for f'�eq�D:Sehterl;J�.; City Attor y i` AN AMENDED FUNDING AGREEMENT BETWEEN THE �•. CITY OF LUBBOCK, TEXAS, AND URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THIS Amended Agreement made and entered into by and between the CITY OF LUBBOCK, TEXAS, a Homerule Municipal Corporation (hereinafter called "CITY") and the URBAN RENEWAL AGENCY of the City of Lubbock, Texas (hereinafter called "AGENCY"); WITNESSETH: WHEREAS, the CITY is obligated to do and perform certain services in its undertaking of a Community Development Plan pursuant to the Housing and Development Act of 1974; and WHEREAS, the AGENCY Is a public body corporate and politic created pursuant to Art. 1269L-3, V.A.C.S., and is transacting business and exercising the powers granted by said law; and WHEREAS, the CITY desired to contract with the AGENCY to provide and do certain activities and services pursuant to the Housing and Community Development Act of 1974 and the related rules and regulations of the Department of Housing and Urban Development, and said AGENCY is authorized by law and is willing to carry out such activity; NOW, THEREFORE, the CITY and the AGENCY do hereby mutually agree as follows: The AGENCY agrees to perform and do such activities as may be necessary to provide the rehabilitation and relocation assistance programs, as well as acquire such real estate as may be deemed necessary as set forth and described in the Community Development Plan for the year beginning June 1, 1977, and continuing to May 30, 1978, in such areas of the CiTY heretofore designated as "Community Development Rehabilitation and Redevelopment Areas", which bear specific designations as "Area 6B", "Area 8", "Area 18", "Area 21B", and "Area 24" all of which are on file in the Office of the City Secretary to which reference is here made and by such reference are made a part hereof for all purposes. The named and described areas are included within the Community Development Plan for CITY by specific Urban Renewal Plans duly approved and adopted by the City Council, pursuant to and under the authority of Article 1269L-3, V.A.C.S. Plans for each of the said areas are incorporated within the Community Development Plan and include the objectives, land -use plan, technique for carrying out each plan, procedures for changing any plan, property rehabilitation standards, specific restrictions, boundary descriptions, and acquisition maps for the area shown therein, all adopted by the City Council in accordance with law, all of which are on file in the Office of the City Secretary and the Office of the Executive Director of the URBAN RENEWAL AGENCY and to all of which reference is here made and by such reference all same is made a part hereof for all purposes as though fully copied herein. In regard to relocation assistance only, the AGENCY is authorized to perform such activities in accordance with the recently adopted "Lubbock Rehabilitation Strategy" throughout the entire neighborhood encompassed by an overall renewal plan of which said specified areas are sub -areas and parts thereof. The governing body of the AGENCY, the Agency�s'Board of Commissioners, shall adopt such policies as may be necessary to guide,the AGENCY in the execution of the obligation and activities authorized by this agreement. Such policies shall be adopted after consideration of recommendations made by the Director of Planning of the CITY and the Executive Director of the AGENCY. It is understood and hereby agreed that it shall be the responsibility of the AGENCY to implement the Community Development Plan, under which an Urban Renewal Plan for each of the above areas has been adopted and to this end the AGENCY shall be responsible and obligated to do and provide the following: 1. Rehabilitation. All rehabilitation assistance for both residential and commercial structures, if any, including the administration and.processing of no - interest deferred payment loans, the supervision and administration of the rehabilita- tion work in respect thereto, the administration and processing of Section 312 loans, and the supervision and administration of said rehabilitation work in respect thereto, will be performed and carried out by the AGENCY within the above designated areas and throughout the entire neighborhood encompassed by an urban renewal plan of which said areas are a sub -area or portion thereof. Further, the AGENCY in accordance with an'Agreement with the Federal Government and the City of Lubbock is given the authority to directly approve Section 312 loans and will act in such capacity through properly designated Agency officials. The AGENCY in approving such loans agrees to comply with the policy of the Department of Housing and Urban Development and subject to the availability of funds as determined by that Department and to comply with the regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1954 and applicable Executive Orders. 2. Relocation. All relocation assistance programs available to families, Individuals and businesses displaced by and through the Community Development Plan of the CiTY within the above -designated areas for which Urban Renewal Plans have been adopted will be provided by the AGENCY. Further, the AGENCY will act as the Central Relocation Agency for the CITY OF LUBBOCK, providing such technical services to the CITY as the CITY deems necessary and desirable in connection with relocation assistanct to families, Individuals and businesses displaced by governmental action of the CITY, within the boundaries of the CITY, including real estate acquisition by the CITY. In this connection, the AGENCY will be reimbursed by the CITY for its administrative and other costs in providing such services and technical assistance. The AGENCY agrees to comply with and will maintain the appropriate HUD -required records proving compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and all applicable regulations, policies and requirements promulgated by the Department of. Housing and Urban Development pertaining to the said Act, and the Housing and Community Development Act of 1974 with respect to relocation assistance and services provided hereunder. 3. Real Estate Acquisition. The AGENCY agrees to acquire by purchase, dedication or eminent domain proceedings such properties within the above -designated areas set forth in the Community Development Plan for the CITY as are reasonably necessary to achieve the Urban Renewal objectives within the said areas. The AGENCY agrees to comply with and will maintain the appropriate HUD -required records proving compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and all applicable regulations, policies and requirements promulgated by the Department of Housing and Urban Development pursuant to said Act, and the Housing and Community Development Act of 1974, in the acquisition of properties pursuant to the Community Development Plan of the CITY. 4. Public Improvements. The AGENCY shall make or cause to be made such public improvements within the above -designated Urban Renewal areas as are set forth in the approved budget, and amendments thereto. 5. Non -Discrimination. The AGENCY in the carrying out of the Community Development Plan for the CITY shall not deny benefits of the program to or discriminate against any person on the grounds of race, color, religion, age, sex or national origin. The CITY hereby designates and authorizes the AGENCY to carry out all rehabilitati relocation assistance, and real estate acquisition set forth in the Urban Renewal Plans adopted pursuant to the Community Development Plan for the CITY for the year beginning May 30, 1977, and ending May 29, 1978. The CITY agrees to provide funds in the amount of $2,464.560.00 to the AGENCY for the purpose of rendering and performing the services herein agreed upon for rehabilitation, relocation assistance, real estate acquisition, administrative and/or other costs, including public improvements, set out in the Exhibit "A", which is attached hereto and by reference made a part hereof, provided that the CITY's provision of such funds is wholly contingent upon the CITY'S receipt of such funds from the Department of Housing and Urban Development. Amendments to the attached Exhibit "A" which constitute a change in the total funding of each area arthorized by this funding agreement may be made by the AGENCY, which singly or cumulatively constitute a shift of funding of an amount greater than 20% of the amount allocated for each area after approval by the Agency's Board of Commissioners and the City Council. Any amendment of such Exhibit that amounts to less than 20% may be made subject only to approval of the City Manager. It is further agreed and understood that the AGENCY shall submit progress reports as requested throughout the term of this agreement to the City Manager, acting by and through the Director of the Community Development Department of the CITY OF LUBBOCK or other person designated by him. The CITY hereby designates and authorizes the AGENCY to act as the Central Relocation Agency of the CITY OF LUBBOCK and agrees that the AGENCY shall provide technical services and assistance upon its request to families, Individuals and businesses displaced by governmental action In the CITY OF LUBBOCK, including Real Estate Acquisition for the term of this agreement. The AGENCY agrees and is hereby bound in the execution of the activities authorized by this agreement by the requirements and provisions as set forth in Exhibit "B" identified as Part 11 - Terms and Conditions, Funding Agreement Community Development Block Grant Program, consisting of nine.(9) pages attached hereto and by this reference is made a part hereof for all intents and purposes. EXECUTED this ATTEST: Treva Phillips, City Secretary -Treasurer 1� ..-'ATTEST: H. .,Alders Secretary APPROVED AS TO FORM AND LEGALITY: Fred 0. Senter, Jr., City Attorney day of 1978. CITY OF LUBBOCK, TEXAS BY: Roy Bass, Mayor URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS BY: Betty A derso , Chairman