Loading...
HomeMy WebLinkAboutResolution - 2003-R0154 - Amendment To Cooperation Agreement - Housing Authority - 04_24_2003Resolution No. 2003-RO154 April 24, 2003 Item No. 19 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, an Amendment to the Cooperation Agreement between the Housing Authority of the City of Lubbock, Texas, and the City of Lubbock, Texas, dated August 24, 1995 concerning the "Payment in Lieu of Taxes" and all related documents. Said Amendment is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 24th ATTEST: -Rebecca Garza, City Secretary APPROVED AS TO CONTENT: day of April , 2003. Todd Steelman Interim Community Development Director APPROVED AS TO FORM: Amy L. Ski sue'' Assist sty' Attorney gs/ccdocs/Amendment Cooperation Agrmt.res April 11, 2003 Resolution No. 2003-RO154 April 24, 2003 Item No. 19 AMENDMENT TO COOPERATIVE AGREEMENT BETWEEN THE HOUSING AUTHORITY OF THE CITY OF LUBBOCK AND THE CITY OF LUBBOCK THIS AMENDMENT is executed this 24th day of April , 2003 by and between the Housing Authority of the City of Lubbock, Texas, (herein called the "Local Authority") and the City of Lubbock, Texas (herein called the "Municipality").. WHEREAS, pursuant to that certain Cooperation Agreement dated August 24, 1995, by and between the Local Authority and the Municipality (the "Agreement"), the Local Authority has agreed to pay and the Municipality has agreed to accept "Payment in Lieu of Taxes" ( the "Payments") as provided by Section 392.005 of the Texas Local Government Code; and WHEREAS, the Local Authority is requesting that the Payments be waived by the Municipality; and WHEREAS, the City finds that waiving the Payments is a public benefit to the citizens of the City of Lubbock, so long as the waived amount is directly utilized in the Local Authority's affordable housing programs. NOW THEREFORE: In consideration of the mutual covenants hereinafter set forth, the parties do hereby agree to amend the Agreement as follows: Paragraph 10 of the Agreement is hereby added as follows: 10. Municipality may, by a majority vote of its City Council, waive the Payment in Lieu of Taxes. Such a waiver shall only be made on an annual basis and shall be reviewed each respective year the Payment in Lieu of Taxes is due. Approval of the waiver shall be based upon Local Authority's use of the previous year's waived Payment in Lieu of Taxes on the Project and other affordable housing projects. Municipality shall base its review of Local Authority's use of the waived Payment in Lieu of Taxes on the results of Municipality's annual audit of Local Authority. If the waived Payment in Lieu of Taxes is shown not to be used for the Project or other affordable housing projects, then Municipality shall not waive the Payment in Lieu of Taxes for that respective year, unless the waiver is otherwise approved by the Municipality's City Council. 2) This amendment to the Agreement shall be effective upon execution. The remainder of the Agreement shall remain in full force and affect except as changed herein. CITY OF LUBBOCK: ATTEST: ebe ca Garza, City Secretary APPROVED AS TO CONTENT: Todd Steelman, Interim Community Development Director LUBBOCK HOUSING AUTHORITY: OSCAR (YNES, EXECUTIVE DIRECTOR ATTEST: Se retary Resolution No. 2002-R0340 August 29, 2002 Item No. 87 RESOLUTION WHEREAS, the Lubbock Housing Authority provides housing and supportive services to families in the City of Lubbock with very low incomes; and WHEREAS, without the housing provided by the Lubbock Housing Authority, many of the above -described families would be living in over crowded, dilapidated structures or could be homeless; and WHEREAS, the Lubbock Housing Authority runs several programs focused on breaking the cycle of poverty; and WHEREAS, the City Council of the City of Lubbock recognizes that the above - described services provided by the Lubbock Housing Authority provide a benefit to the citizens of the City of Lubbock; and WHEREAS, the City of Lubbock and the Lubbock Housing Authority enter into a Cooperation Agreement dated August 24, 1995, for the Lubbock Housing Authority to pay payment in lieu of taxes to the City of Lubbock ("the Agreement"); and WHEREAS, the City Council of the City of Lubbock finds that forgiving the amount currently owed by the Lubbock Housing Authority and for the FY 2002-2003 in the Agreement is a public benefit to the City of Lubbock and serves a public purpose; and WHEREAS, Lubbock Housing Authority owns certain steel it is willing to transfer to the City in consideration for the waiver; and WHEREAS, the City of Lubbock desires to use the forgiven amount owed under the Agreement as match in its HOME Program. NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby forgives the Payment in Lieu of Taxes payment currently due from Lubbock Housing Authority for the transfer of the above -described steel owned by Lubbock Housing Authority to the City and that the City Council of the City of Lubbock hereby designates the forgiven amount due under the Agreement as match of its HOME Program. Passed by the City Council this 29th day of August , 2002. MARC McDWJaAL, MAYOR ATTEST: Rebecca Garza City Secretary APPROVED AS TO CONTENT: —Jorn*� 40�34� -1) Tommy Go alez Assistant City Manager APPROVED /AS TO FORM: City Attorney Tk/ccdocs/Lubbock Housing 2002 August 30, 2002 Regular City Council Meeting January 9, 2003 Eddie Richardson Jerome Schuetzeberg (unable to attend) David Seim (unable to attend) Sam Silva (unable to attend) Gwen Stafford Carolyn Thompson Jack Thompson (unable to attend) Vemita Woods -Holmes CITIZEN APPEARANCES ( 8.) Presentation of a Special Recognition to the Frenship High School Cross Country Team to recognize them for winning the 2002 UIL 4A State Cross Country Championship. The 2002 Frenship High School Cross Country Team began this year's season on August 31 after months of hard training and after running several hundred miles in the hot summer sun. They competed every Saturday in meets from Denton to Abilene and Seminole to Carlsbad. After beating five teams in the District meet to become District 4-4A champions, they then competed in the Regional meet. Competing against 23 teams, the Frenship team won the Region I Championship, capturing their first regional title and advancing to the State Championship meet. In Round Rock on November 9, the team competed against eleven teams to win their first State Championship Cross Country title, which also represents the first time any Frenship team has won a State championship A special recognition was presented to the Frenship High School Cross Country Team for winning the 2002 State UIL 4A State Championship. Alternates on the team were: Ed Roup, Josh Lopez, Preston Curry and Ryan Kerr. Varsity runners were: Robert Wisely, Phillip Malone, Matt Snowden, Sebastian Haglund (a foreign exchange student from Alavesta, Sweden), Trent Gary (2"d Team All State, placed 12th overall), Chase Snowden (1" Team All State, placed 10th overall) and Josh Hawkins (1" Team All State, placed 5th overall). Rodney Hendrix is the coach. ( 8A.) Oscar Jones, Executive Director of the Housing Authority of Lubbock, appeared to request reconsideration of PILOT. At a previous Council meeting, Max Tarbox (Chairman, Lubbock Housing Authority) and Oscar Jones (Executive Director, Housing Authority) appeared before the Council to request forgiveness of the PILOT (Payment in Lieu of Taxes) currently paid by the Authority to the City of Lubbock. At that time, Council was of the opinion that the Authority should continue to make the payment. Since that time, Mr. Jones has met with the Mayor and individual members of the Council. At his request, this item was placed back on the agenda for discussion. Oscar Jones, Executive Director of the Housing Authority of Lubbock made a presentation concerning reconsideration of PILOT. 3 ' Regular City Council Meeting January 9, 2003 Tommy Gonzalez, Assistant City Manager, gave staff comments concerning steel fencing that had been exchanged for waiver of the 2002 payment. Don Vandiver, First Assistant City Attorney, stated two agreements existed with the Lubbock Housing Authority. A 1995 overall agreement requires the PILOT fees to be paid. In addition, there is an agreement of August 29, 2002 in which for this year the requirement to make the payment was waived in exchanged for some steel items. Council Member Martin stated that the one agreement was for previous years that had not been paid. The current fiscal year is about $32,000 and is included in the general fund budget as a revenue item. He stated the agreement Mr. Vandiver referred to dealt with prior years. Mr. Vandiver stated that it didn't, it read the amount currently owed by the Lubbock Housing Authority and for the 2002-2003 fiscal year. Mr. Vandiver said he felt something should be done with this agreement, as well as the overall agreement of 1995, or on a year-to-year' basis. Council Member Martin stated that prior to today, he had not supported waiving these fees, but after hearing Mr. Jones' presentation, he requested that this matter be placed on the next agenda: He also suggested that this be done on a year-to-year basis. Mr. Vandiver commented that he now had the information necessary to make the amendments. Mayor Pro Tern Hernandez mentioned that if the PILOT fee is waived and to be used for rehab or reconstruction purposes, then some kind of mechanism should be put in place to track those monies. City Manager Bob Cass stated that the administration of this should be assigned to a specific individual in the organization to be responsible for monitoring those funds and bringing back a report to Council. CONSENT AGENDA (Nos. 9-17, 20, 22-27, 30, 32) Motion was made by Council Member Boren, seconded by Council Member Morrison to approve Items 9-17, 20, 22-27, 30, 32 on consent agenda as recommended by staff. Motion carried: 4 Yeas, 0 Nays. (9.) Approval of Minutes: December 12, 2002 Regular City Council Meeting December 19, 2002 Regular City Council Meeting (10.) ORDINANCE #2002-O0136—Establishing the population of the City of Lubbock by ordinance so that City Limits population may be altered on State highways by the Texas Department of Transportation to reflect the current population figure for the City of Lubbock (second and final reading). 4