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HomeMy WebLinkAboutResolution - 071378B - Proposed Memo Of Agreement - URA - Closeout Of Memorial Center Complex Project - 07_13_197878-37-207-562 (25) M15 79,45 RESOLUTION A RESOLUTION PROVIDING FOR THE EXECUTION OF A PROPOSED MEMORANDUM OF AGREEMENT BY AND BETWEEN THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, AND THE CITY OF LUBBOCK, IN REGARD TO THE CLOSEOUT OF THE 14EMORIAL CENTER COMPLEX URBAN RENEWAL PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK AS FOLLOWS: THAT, the proposed Memorandum of Agreement by and between the Urban Renewal Agency of the City of Lubbock, and the City of Lubbock, in regard to the closeout of the Memorial Center Complex Urban Renewal Project is hereby in all respects approved; THAT, the Mayor of the City of Lubbock, be and is hereby authorized and directed to execute said Agreement infivecounter- parts on behalf of the City, and the City Secretary -Treasurer is hereby authorized and directed to impress and attest the official seal of the City of Lubbock on each such counterpart and to forward such counterparts to the Department of Housing and Urban Development, together with such other documents relative to the acceptance and execution thereof as may be required by the United States of America. THAT, the City of Lubbock agrees to abide by all of the provisions, terms, and conditions of said Memorandum of Agreement. Passed by the City Council this 13t}3ay of July 1978. NI & ATTEST: -`Evelyn Gaffga, City Sec tary-Treasurer APPROVED AS TO FORM: Fred 0. Senter, Jr. Cit Attorney P;hopy 't MEMORANDUM OF AGREEMENT This Agreement, made and entered into this 18th day of. July , 1978, by and between the City of Lubbock, Texas, hereinafter referred to as "City," and the Urban Renewal Agency of the City of Lubbock, hereinafter referred to as the "Agency," and concurred in by the United States Department of Housing and Urban Development, hereinafter sometimes called "Government" or "HUD" or "Department." WITNESSETH: WHEREAS, the Agency has heretofore entered into that certain Loan and Capital Grant Contract dated June 16, 1971, as amended, with the United States of America providing for financial assistance to the Agency under Title I of the Housing Act of 1949, as amended, identified as Loan and Capital Grant Contract No. Tex. R-138(c)(LG), Project No. Tex. R-138(c); and WHEREAS, pursuant to the terms of such Agreement, and.a cooperation contract between the City and Agency, the City is obligated to pay one-third of the net project cost through the furnishing of local grants-in-aid; and WHEREAS, the City and Agency contend it has become necessary, due to the substantial completion of project urban renewal activities insofar as same may be completed from a practical and financial standpoint, to close out the project; and WHEREAS, it has become necessary to evaluate further the continued carrying out of the urban renewal project, hereinafter called "project" or "projects;" and WHEREAS, the City is willing to assume additional obligations respecting the carry- ing out of certain necessary duties and responsibilities imposed upon the Agency,by the Loan and Capital Grant Contract relating to the disposal of project lands presently under the control of the Agency; NOW, THEREFORE, the Agency and the City do hereby mutually agree and represent as follows: 1. The City and Agency concur in the use of earned grant and unearned grant funds from Project No. Tex. R-138(c) and Community Development Block Grant funds as may be need- ed to pay for the value of unsold land in the subject project with a total estimated value of $835,800.00. Parcels remaining unsold are identified as follows: Disposition Estimated Square (As of June 20, 1978) Parcel No. Value Zoning Footage Legal Description 10-1 $455,500 Comm 227,756.66 Lot 1, Block 6, Memorial Center Additioi 10-3 152,200 Comm 60,895.50 Lot 3, Block 6, Memorial Center Additioi 9-1 79,800 Comm 31,928.37 Lot 2A, Block 7, Memorial Center Additii 5-2 37,300 Comm 21,328.03 Block 8, Memorial Center Addition 3-1 29,300 9-5 81,700 TOTAL $835,800 Comm 19,561.34 Block 3, Memorial Center Addition Comm 32,665.31 Lot 3A, Block 7, Memorial Center Additi( 2. All of the land identified hereinabove remains subject to covenants under the pro- visions of which: a. The use of the property by the Agency, City or its assignees shall be in accordance with the Urban Renewal Plan for Project No. Tex. R-138(c); b. Any improvements on such property required by the Urban Renewal Plan shall be begun within a reasonable time after property is acquired for redevelop- ment by the City or its assignees; c. Any proposed reconveyances of such property by the Agency or the City for purposes of redevelopment shall be subject to the public disclosure re- quirements already applicable to local public agencies in the 3isposition of project land to redevelopers under Section 105(e) of Title I of the Housing Act of 1949, as amended; and d. Discrimination upon the basis of race, color, religion, sex, or national origin in the sale, lease or rental or in the use or occupancy of such land or any improvements erected or to be erected thereon shall be pro- hibited and the Agency, City and the United States shall be beneficiaries of and entitled to enforce such covenant. 3. Title to the unsold parcels identified in Paragraph 1. hereinabove shall remain in the Agency. 4. All proceeds from the sale or lease of property identified in Paragraph 1, here- inabove shall be treated as program income of the City under the provisions of 24 CFR 570.506, provided however, that such proceeds may be applied to the reimbursement of any funds of the City, other than funds made available under 24 CFR 570.800 et seq., or cash local grants-in-aid required on the basis of incurred net project costs, which were used for the payment of temporary loans for the project. 5. The Agency further agrees that HUD may conduct audits and inspection of books, papers, certifications, accounts and all other documents with respect to the administra- tion of the operating account and completion of all activities and to establish require- ments for proper certifications with respect to the administration of said operating account and completion of all activities. 6. During the life of Project No. Tex. R-138(c) a total of 152 dwelling units were demolished. All low and moderate income housing requirements to be provided pursuant to Section 105(h) of Title I of the Housing Act of 1949, as amended, have been provided. Sucl units are identified as to general location on the map attached hereto and made a part hereof as Attachment A. Housing not provided would be incorporated and identified in the City's Housing Assistance Plan. 7. In the event that the City should succeed the Agency with respect to any duties, activifies, obligations or otherwise connected with completion or carrying out of the project the City hereby agrees to be bound by the terms of this Agreement and to perform the Agency's duties, obligations, and activities to the same extent as the Agency is herein obligated. 8. Any costs or obligations incurred in connection with the project with respect to claims which are disputed, contingent, unliquidated or unidentified and for the pay- ment of which insufficient project funds have been reserved under the financial settle- ment, shall be borne by r.he City'. Such additional expenses may be paid from funds made available from Community Development Block Grant funds under 24 CFR 570. et seq. 9. Obligations under this Agreement are made specifically subject to the program management requirements of Subpart (J) of 24 CFR 570.900, et seq. 10. It is specifically understood and agreed that the concurrence of this Agreement by the United States Department of Housing and Urban Development shall not constitute a waiver of the terms of the Loan and Capital Grant Contract and amendment thereto with the Agency. IN WITNESS WHEREOF, the parties by these presents have executed the Agreement on the date hereinabove shown. ATTEST: Secretary ATM, T: Se retary URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK By '� '� Chairman CITY/OF LUBBOCK, TEXAS By� Mayor CONCURRED IN: UNITED STATES OF AMERICA Secretary of Housin and Urban Development By ASsi to t Re o al Adm nistrator for Community anning and Development �i i -2- �q MEMORANDUM TO: Evelyn Gaffga DATE: July 7, 1978 I City Secretary -Treasurer FROM: H. O. Alderson Director of Urban Renewal SUBJECT: Documentation Needed to be forwarded to DHUD, Region VI Office in connection with close-out of the Memorial Center Complex Urban Renewal Project No. Tex R-138 (c) As you probably know, there is an agenda item on the City Council Agenda for the July 13th meeting to pass a resolution providing for the execution of a proposed memorandum of agreement by and between the Urban Renewal Agency and the City of Lubbock in connec- tion with the close-out of the'Memorial Center Urban Renewal Project. I have sent Jim Bertram and the CD office copies of the proposed resolution and the proposed memorandum of agreement as well as Fred Senter. Also, I have sent Fred a proposed Legal Opinion to be addressed to the Mayor and to the City Council. (This should be sufficient information to give to the City Council as I believe the City Council is generally aware of this forthcoming close-out to take place in August.) if the City Council passes the resolution and if our Board also authorizes the execution of the Memorandum of Agreement, then both the City and the Agency will execute 5 counterpoints of the Memorandum of Agreement and we will forward three of such counterparts to HUD Regional Office along with supporting documentation for.HUD's concurrence. The purpose of this memo is to prepare you to supply the supporting documentation as follows: 1) you'll need to prepare two executive copies of the GenP.a? CA*�ific-ate (See General Certificate form tt-ache1d and also a copy of the last general certificate by Treva) / ) -1 complete sets of minute extracts pertaining to the resolu- tion -and two copies of 'the resolution and-app ertificates certifying the proceed-ings and the resolution--(See.-_copy of HUD forms attached. However, Evelyn, Treva didn't use these forms as they didn'_.t fit her minutes. I'm also attaching a copy of her minute extracts and certification and -a copy of her resolution and certification on the NDP close-out as a sample.) Evelyn, in the past, Treva would not certify extracts of minutes nor resolutions until these minutes were approved. This means that if all is passed on the 13th, then you'd wait until the 27th of July to get us this documentation. This is ok, we can handle it in that time frame! • H. O. Alderson axialu 7 1978 D CITY SECRETARY " 60.�,Jzr, I W �iN GENERAL CERTIFICATE I, EVELYN E. GAFFGA, DO HEREBY CERTIFY AS FOLLOWS: 1. I am the duly appointed, qualified, and acting City Secretary of the City of Lubbock, Texas (herein called the "Public Body"). In such capacity, I am custodian of its records and am familiar with its organization, membership, and activities. 2. The proper and correct corporate title of this Public Body is: CITY OF LUBBOCK, TEXAS 3. This Public Body was duly created pursuant to the authority of the Constitution and statutes of the State of Texas, including, particularly, Art. 11, Sec. 5 of the Texas Constitution, and was duly organized on the 24th day of March, 1909; and, since the date of its organization, this Public Body has continued to exist without interruption in the performance of its public corporate purposes. 4. The names and dates of election or appointment, and the dates of the beginning and ending of the terms of office, of the members of the governing body of this Public Body and of its principal officers are as follows: D;-t- Date of Com- Date of Expira- B$tetbfa mencement of tion of Term of Name and Office Election Term of Office Office Dirk West, Mayor 4/1/78 4/ 6/78 4/80 Alan Henry City Councilman 4/1/78 4/ 6/78 4/82 Carolyn Jordan City Councilwoman 4/27/76 5/7/76 4/80 Bill McAlister City Councilman 4/3/76 4/5/76 4/80 M. J. Aderton City Councilman 4/25/78 4/27/78 4/82 a 5. Each of the above -named officers required to do so has fully taken and filed his oath of office and each of them legally required to give bond or undertaking has filed such bond or undertaking in form and amount as required by law and has otherwise duly qualified to act in the official capacity above designated, and each is the acting officerholding the respective office or offices stated beside his name. 6. None of the above -named officers is ineligible to hold or disqualified from holding, under the provisions of applicable law, the respective office, specified above, which he holds. 7. Since November 22, 1976, there have been on changes in or amendments to the charter, bylaws, ordinances, resolutions, or proceedings of this Public Body with respect to: (a). The time and place of and other provisions concerning the holding of regular meetings; (b). The provisions concerning the calling and holding of special meetings and the business which may be taken up at such me a tings; (c). The requirements concerning a quorum; (d). The manner in which the charter or bylaws may be amended; (e). The requirements regarding the introduction, passage, adoption, and publication of resolutions, ordinances or other meausres, relating to the approval and execution of contracts and the authorization, award, execution, or issuance of bonds, notes or other obligations; (f). The officers required to sign, countersign, or attest contracts, bonds, notes, or other obligations; (g). Its office or place of business; or (h). The seal it is authorized to use; except as follows: NONE 8. The seal impressed below, opposite my signature, is the duly adopted, proper, and only official corporate seal of this Public Body. IN WITNESS WHEREOF I have hereunto set my hand and the official seal of this Public Body this 27th day of July, 1978. EVELYN E. GAFFGA CITY SECRETARY -TREASURER (Seal)