HomeMy WebLinkAboutResolution - 1452 - Funding Agreement - Urban Renewal Agency - Community Development Funds - 08/25/1983RESOLUTION 1452 - 8/25/83
CITY SECR`TARY TR•"_ASIJRER
RESOLUTION
i
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the proposed budget of the Urban Renewal
Agency of.the City of Lubbock for the year beginning June 19
1983, and ending on May 31, 1984, be and is hereby approved; and
SECTION 2. 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 Community Development Funding Agreement
between the City of Lubbock and the Urban Renewal Agency of the
City of Lubbock, which Agreement, attached herewith, 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 25th day of August
1983.
A E RY.J vMAY , ,, ' s ,
ATTEST:
elyn G f a, Ci e r tary-Treasurer
APPROVED AS TO CONTENT:
-, - �Ia , " 5,/, /),. 1, -� t'-� �
San y Ogletr e, mmunity Development Coordinator
APPROVED AS TO FORM:
L.
I"-
76bn M. Sherwin, Assistant City ttorney
I"
CERTIFICATE OF RECORDING OFFICER
The undersigned hereby certifies that:
1. He is the duly qualified and acting Secretary of the Urban Renewal
Agency of the City of Lubbock (hereinafter called the Local Public Agency)
and the custodian of the records of the Local Public Agency, including the
journal of proceedings of the Board of Commissioners of the Urban Renewal
Agency of the City of Lubbock (hereinafter called the "Governing Body"),
and is duly authorized to execute this certificate.
2. Attached hereto is a true and correct copy of a resolution including
the WHEREAS clauses, adopted at a meeting of the Governing Body held on the
7th day of September , 19 83
3. Said resolution has been duly recorded in the journal of said meeting
and is now in full force and effect.
4. Said meeting was duly convened and held in all respects in accordance
with law and the by-laws, due and proper notice of said meeting was given. A
legal quorum of members of the Governing Body was present throughout said meet-
ing and a legally sufficient number of members of the Governing Body voted in the
proper manner for the adoption of said resolution. All other requirements and
proceedings under, law, said by-laws, or otherwise, incident to the proper
adoption of said resolution, including any publications, if required by laws, have
been duly fulfilled, carried out, and otherwise observed.
5. The Seal appearing below constitutes the Official Seal of the Local
Public Agency and was duly affixed by the undersigned at the time this certifi-
cate was signed.
IN WITNESS WHEREOF, the undersigned has hereunto set his hand this 8th
day of September , 19 83
ECRETARY OF THE URBAN AL
AGENCY OF THE CITY OF LUBBOCK,
TEXAS
RE.SOIZJTION NO. 2709
•� �� •• , � � • • is • •��a �y •� ice• i� � ��
WHEREAS, on the 16th day of August, 1983, the Board of Comdssioners of
the Urban Renewal Agency approved and authorized the execution of a revised
"Community Development Funding Agreement" by and between the City of Lubbock
and the Urban Renewal Agency for 9th Year Co umnity Development Activities; and
WHEREAS, said revised agreement was further amended by the City Council
of the City of Lubbock on the 25th day of August, 1983; and
WHEREAS, said revised agreement as further amended has been presented to
the Board of Cc mti.ssioners of the Urban Renewal Agency of the City of Lubbock
for approval and execution;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF MMSSIONERS OF THE
URBAN RENEML AGENCY OF THE CITY OF LUBBOCK:
SECTION 1. THAT said -revised agreement as further amended by the
City Council on the 25th day of August, 1983, be and is hereby
approved.
SECTIM 2. THAT the Chairman be and is hereby authorized to execute
said revised and amended funding agreement with the City of Lubbock
on behalf of the Urban Renewal Agency, for the carrying out of the
activities as set forth in the Statement of Cmminity Development
Objectives and Projected Use of Funds that was prepared and submitted
to the Department of Housing and Urban Development.
On motion of Commissioner P�4ahon , seconded by Commissioner
Rollins , the above and foregoing Resolution was passed this 7th day
of Septespber , 1983, by the following vote:
Commissioners voting "AYE": Cammack, Jenkins, Leaverton, M 4ahon,
McWhorter, Pipkin, Rollins.
Commissioners voting "NAY": None.
ATTEST:
SECRETARY
C!TY sFr,,rTARY,YR ASURER
Aj
h�
CERTIFICATE OF RECORDING OFFICER
The undersigned hereby certifies that:
1. He is the duly qualified and acting Secretary of the Urban Renewal
Agency of the City of Lubbock (hereinafter called the Local Public Agency)
and the custodian of the records of the Local Public Agency, including the
journal of proceedings of the Board of Commissioners of the Urban Renewal
Agency of the City of Lubbock (hereinafter called the "Governing Body"),
and is duly authorized to execute this certificate.
2. Attached hereto is a true and correct copy of a resolution including
the WHEREAS clauses, adopted at a meeting of the Governing Body held on the
16th day of August 19 83
3. Said resolution has been duly recorded in the journal of said meeting
and is now in full force and effect.
4. Said meeting was duly convened and held in all respects in accordance
with law and the by-laws, due and proper notice of said meeting was given. A
legal quorum of members of the Governing Body was present throughout said meet-
ing and a legally sufficient number of members of the Governing Body voted in the
proper manner for the adoption of said resolution. All other requirements and
proceedings under, law, said by-laws, or otherwise, incident to the proper
adoption of said resolution, including any publications, if required by laws, have
been duly fulfilled, carried out, and otherwise observed.
5. The Seal appearing below constitutes the Official Seal of the Local
Public Agency and was duly affixed by the undersigned at the time this certifi-
cate was signed.
IN WITNESS WHEREOF, the undersigned has hereunto set his hand this 17th
day of August , 19 83
(Seal)
SECRETARY Or THE URBAN RENEWAL
AGENCY OF THE CITY OF LUBBOCK,
TEXAS-
1
RESOLiiw NO. 2695
RESOLUTION APPROVING AND AUTHORIZING THE CHAIRMAN TO FDUCtTI'E A
REVISED COMMUNITY DEVELOPMENT FUNDING AGR 2,1ENT BY AND BELT
THE CITY OF LUBBOCK AND THE URBAN REAL AGENCY WITH RESPECT
TO 9TH YEAR CTITY DEVEIAPMENT ACTIVITIES
WHEREAS, on the 24th day of May, 1983, the Board of Ccm missioners of the
Urban Renewal Agency approved and authorized the execution of a "Community
Development Funding Agreement" by and between the City of Lubbock and the
Urban Renewal Agency for 9th Year Community Development Activities; arra
WHEREAS, said agreement was not executed by the City of Lubbock but was
revised in respect to Administrative and Service Costs and in respect to
Rehabilitation Costs based upon a Management Study made by the Finn of Cresap,
McCormick, and Paget, with the total sum to be provided by the City to the
Agency continuing to be $1,264,928.00 for carrying out the activities as re-
vised; and
WHEREAS, said agreement as revised has been presented to the Board of
Commissioners of the Urban Renewal Agency of the City of Lubbock for approval
and execution;
NOW,- TFTER IURE, BE IT RESOLVED BY THE BOARD OF CCMMISSIMRS OF THE
URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK:
SECTION 1. THAT said revised agreement be and is hereby approved.
SECTION 2. THAT the Chairman be and is hereby authorized to execute
said funding agreement with the City of Lubbock on behalf of the
Urban Renewal Agency, for the carrying out of the revised activities
as set forth in the Statement of Community Development Objectives
and Projected Use of Funds that has been prepared and submitted to
the Department of Housing and Urban Development.
On motion of Cc missioner FL*lhorter , seconded by Ccmmissioner
Pipkin , the above and foregoing Resolution was passed this 16th day
of August , 1983, by the following vote:
Commissioners voting "AYE": Camnack, Lara, Leaverton, Jenkins,
McWhorter, Pipkin.
Commissioners voting "NAY": None.
RESOLUTION 1452 - 8/25/83
SINS%" COMMUNITY DEVELOPMENT FUNDING AGREEMENT
BETWEEN
THE CITY OF LUBBOCK
AND
THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Agreement entered into this 25th day of August ,
1983, between the City of Lubbock, a home rule municipal corpora-
tion, hereinafter called "City" and the Urban Renewal Agency of
the City of Lubbock, Texas, a municipal corporation, 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 Community Development Act of 1974,
as amended; and
WHEREAS, the Agency is a public body, corporate and politic,
created pursuant to Art. 1269 1-3, V.A.C.S., and is transacting
business and exercising the powers granted by said law; and
WHEREAS, the City desires to contract with the Agency to
provide and do certain activities and services pursuant to the
Housing and Community Development Act of 1974, as amended, and
the pertinent rules and regulations of the Department of Housing
and Urban Development (HUD), and said Agency is authorized by law
and is willing to carry out such activities;
NOW THEREFORE, the City and the Agency do hereby mutually
agree as follows:
1. The Agency agrees to perform and do such activities as
may be necessary to provide rehabilitation and reloca-
tion assistance programs, as well as to make acquisi-
tions deemed necessary, all of which are described in
the Work Order Budgets and Program, which is attached
hereto as Exhibit "B" and incorporated into this
Agreement by this reference, and in the Statement of
Community Development Objectives and Projected Use of
Funds for the year beginning June 1, 1983 and ending on
May 31, 1984, and in the specific Urban Renewal Plan
approved and adopted by the City Council, pursuant to
and under the authority of Article 1269 1-3, V.A.C.S.
2. The City has submitted a Statement of Community
Development Objectives and Projected Use of Funds to
the Department of Housing and Urban Development,
hereinafter called "HUD," and a portion of any funds
received by the City from HUD shall be held for
disbursement to the Agency, subject to the terms and
conditions hereinafter set forth, for the purpose of
enabling the -Agency to perform the agreed services, the
total amount to be paid to the Agency not to exceed ONE
MILLION TWO HUNDRED SIXTY-FOUR THOUSAND NINE HUNDRED
TWENTY-EIGHT DOLLARS ($1,2649928.00).
3. The Agency will perform the activities set forth in
this Agreement in such areas of the City heretofore
designated as Neighborhood Strategy Areas, and which
bear specific designations as Area 7, Area 13, Area 16,
Area 17, Area 20, Area 22, Area 25, Area 26, Area 27,
Area 28, Area 29 and Coronado Urban Renewal Project.
The site locations, of the above designated areas, are
indicated in Exhibit "A", attached hereto and made part
► �' hereof. The named and described areas are within
` designated Community Development Rehabilitation and
Redevelopment Areas. Plans for each of the said areas
are set forth in a specific Urban Renewal Plan which
includes the objectives, land -use, techniques for
carrying out each plan, procedures for changing any
plan, property rehabilitation standards, specific
restrictions, boundary descriptions, and acquisition
maps, 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 reference made a part
hereof for all particulars as though fully set out
herein.
In addition, Exhibit "A" also contains possible
rehabilitation areas for which no approved urban
renewal plans exist at this time, but which areas are
suggested for rehabilitation if all of the funds for
rehabilitation are not expended in the heretofore
approved areas. These areas are designated in Exhibit
"A" as "Possible Rehabilitation Areas"; and if funds
are available and if the neighborhood or neighborhoods
desire to rehabilitate, an urban renewal plan for the
neighborhood will be made and submitted for approval to
the Planning and Zoning Commission, the Urban Renewal
Agency Board and to the City Council of the City of
Lubbock. Once an urban renewal plan is officially
approved for one of these areas, the provisions of this
Agreement will apply to said area as they now apply to
those areas heretofore approved.
4. 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
obligations and activities authorized by this Agree-
ment. Such policies shall be adopted after considera-
tion of recommendations made by the Assistant City
Manager for Development Services of the City of Lubbock
and the Executive Director of the Agency.
5. It is understood and hereby agreed that it shall be the
responsibility of the Agency to implement the Work
Order Budgets and Program as set forth in Exhibit "B",
in accordance with an Urban Renewal Plan for each of
the designated areas, which Plan, has been adopted, and
to this end the Agency shall be responsible and
obligated to do and provide the following:
A. Rehabilitation. The Agency shall perform and
carry out rehabilitation assistance for both
residential and commercial structures, if any,
including the administration and processing of
No -Interest Deferred Payment loans, the supervi-
sion and administration of the rehabilitation work
in respect thereto, the administration and
processing of Section 312 loans, and the super-
vision and administration of said rehabilitation
work in respect thereto, for the projects desig-
nated in the Work Order Budgets.and Program as set
forth in Exhibit "B".
Further, the Agency, in accordance with an
Agreement with the Federal Government and the City
of Lubbock, is given the authority to approve
Section 312 loans and will act under such autho-
rity 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, subject to the
t #` availability of funds as determined by that
Department, and to comply with the regulations of
HUD effectuating Title VI of the Civil Rights Act
of 1964 and applicable Executive Orders.
B. Relocation. All relocation assistance programs
available to families, individuals and businesses
displaced by the activities of the Agency within
the designated areas 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 con-
nection with relocation assistance to families,
individuals and businesses displaced by govern-
mental 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, said costs and services not
to exceed six percent (6%) of the total cost of
the relocation assistance program.
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 HUD pertaining to the
said Act, and the Housing and Community Develop-
ment Act of 1974, as amended, with respect to
relocation assistance and services provided
hereunder.
C. Real Estate Acquisition. The Agency agrees to
acquire by purchase, dedication or eminent domain
proceedings such properties within the designated
areas as are reasonably necessary to achieve the
Urban Renewal objectives within the said areas.
Further, the Agency will provide such technical
assistance to the City as the City deems necessary
and desirable in connection with real estate
acquisition and disposition of properties within
the boundaries of 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, said costs and
services not to exceed six percent (6%) of the
total cost or proceeds from such acquisition or
disposition of real property.
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 HUD pursuant to said
Act, and the Housing and Community Development Act
of 1974 as amended, in the acquisition of proper-
ties pursuant to the Statement of Community
Development Activities and Proposed Use of Funds
submitted by the City to the Department of Housing
and Urban Development.
D. Public Improvements. The Agency shall make or
cause to be made such public improvements within
the designated Urban Renewal areas as are set
forth in the Work Order Budgets and Program.
6. The Agency shall complete all projects and programs
undertaken under this Agreement within two (2) years of
the effective date of this Agreement.
7. It is agreed that prior to the disbursement of any
funds payable under this Agreement, the Agency shall
submit to the Community Development Coordinator a
proposed budget, which budget must receive the approval
of the City Council. In preparation of said proposed
budget, the Agency shall conform to the City's time-
table for budget submission and follow the City's
standard budgeting procedures.
B. It is agreed that all requests for travel expenditures
must be submitted to the Community Development Coordi-
nator and approved according to established City
procedures prior to any expenditures being made
therefor by the Agency. Upon submission by the Agency
of a proper request for payment on a request form
prescribed by the Community Development coordinator,
the City shall pay to the Agency amounts as shown on
the approved budget as payment for services performed
under this Agreement as set forth in the Work Order
Budgets and Program, Exhibit "B" attached hereto. Prior
to making such disbursements the Community Development
Coordinator may require any and all additional informa-
tion that he or she deems necessary to justify the
expenditure. Such disbursements shall not exceed the
approved budget for travel.
9. The Agency agrees that all net proceeds from the sale
of land will be tendered to the City upon the close of
the Agency's books each month. Net proceeds means the
price received for the land less expenses of sale.
10. The City shall provide technical and engineering
services in connection with and respecting the Urban
Renewal Project Areas within the City of Lubbock,
Lubbock County, Texas, to be described in writing prior
to preparation of plans and specifications, and shall
do, perform, and carry out in a satisfactory and proper
manner, as determined by the Agency the following:
General Supervision, including Field Layout, and
Administration of Authorized Construction and contin-
uous resident field inspection, and acceptance for
final payment for sidewalk improvements.
11. For services provided by City, the Agency will pay to
the City the actual cost of services performed, said
services not to exceed six percent (6A) of the total
project cost.
12. Amendments to the Work Order Budgets and Program,
Exhibit B, which amounts to less than twenty percent
(20%) of the total funding authorized by this Agreement
may be made by the Agency with the approval of the City
Manager. Any change which singly or cumulatively
constitutes a shift of twenty percent (20%) or more in
the amount of funds allocated may be made by the Agency
only after approval by the Agency's Board of Commis-
sioners and by the City Council.
13. The Agency shall furnish the City with any appropriate
reports regarding the status of the projects or
services funded with Community Development Block Grants
under this or any past Agreement or which may be funded
with Community Development Block Grants under future
Agreements. Such reports shall contain all the
information that may be requested by the City's
Community Development Department regarding the per-
formance of the Agency's activities. The City shall
advise the Agency as to the form and content of these
reports.
14. The Agency, in compliance with Article 1269 1-3,
Section 16(c), V.A.C.S., shall file with the City on or
before March 31st of each year a report of its activi-
ties for the preceding calendar year. The report shall
include a complete financial statement by the Agency
setting forth its assets, liabilities, income, and
operating expenses as of the end of such calendar
year.
15. The City hereby designates the Community Development
Coordinator as its single point of contact with the
Agency. All reports or other communications relative
to this Agreement shall be addressed to the Coordinator
or to a delegate expressly named by the Coordinator.
16. The Agency shall be deemed at all times to be an
independent contractor and nothing contained herein
shall be construed as creating the relationship of
employer and employee between the City and Agency.
17. The City shall have the right of access to Agency
records, properties, and offices at any time for the
purpose of verifying that the Agency is in compliance
with the terms of this Agreement.
18. The activities performed by the Urban Renewal Agency
with funds provided under this Agreement shall be
performed within the Community Development target
areas. For purposes of determining venue and the law
governing this Agreement, activities performed under
this Agreement are performed in the City and County of
Lubbock, State of Texas.
19. The City shall not be subject to any of the obligations
or liabilities of the Agency incurred in the perfor-
mance of this Agreement. The Agency expressly agrees
to indemnify and hold harmless the City for any and all
liabilities and obligations incurred due to the
negligence of the Agency, its employees, officers,
agents., subcontractors or agencies, or the negligent
acts or omissions, breaches of contract of the Agency
or its employees, officers, agents, subcontractors or
agencies. Notwithstanding the foregoing, no personal
liability shall be imposed on the individual offices of
the Agency, but the Agency alone.
20. The Agency hereby certifies and assures the City that
in the performance of this Agreement it will be
cognizant of, comply with, and enforce the provisions
of the Housing and Community Development Act of 1974
(P.L. 93-383)9 as amended, and the rules and regula-
tions of HUD, as amended, made pursuant thereto,
including, but not limited to, those published in Title
24 of the Code of Federal Regulations. The Agency
further certifies and assures the City that it will be
cognizant of, comply with and enforce where applicable
and to the extent required by law all other applicable
Federal or State statutes, local ordinances, rules or
regulations or department procedures or directives of
HUD.
21. It is understood and agreed that the Urban Renewal
Agency shall not on the basis of race, color, national
origin or sex exclude from participation in, deny the
benefits of or discriminate against any person in the
performance of any activity or program funded under
this Agreement. Furthermore, the Agency shall not
violate any prohibition against discrimination on the
a�
basis of age under the Age Discrimination Act of 1975,
42 U.S.C. §6101 et. seq., nor with respect to an
otherwise qualified handicapped individual as provided
in Section 504 of the Rehabilitation Act of 1973, 29
U.S.C. §794, in the performance of any activity or
program funded hereunder.
22. If through any cause the Agency shall fail to fulfill
in timely and proper manner its obligations under this
Agreement or if the Agency shall violate any of the
covenants, agreements'or stipulations of this Agree-
ment, the City shall make no further payments to the
Agency and shall thereupon give written notice of such
violations to the Agency. Within twenty (20) days
after such notice, the Agency shall inform the City in
writing of corrective actions taken. The Agency shall
use due diligence to correct any and all violations,
and in the event the violations are not corrected with
a reasonable time under the circumstances the City will
give notice to the Agency to appear before the City
Council in open session to show cause why this
Agreement should not be terminated. Upon hearing
discussion and argument on the matter, the City Council
shall either continue the Agreement in full force or
terminate the Agreement.
23. This Agreement shall at all times be subject to any
corrective actions taken or directives issued by HUD in
relation to the City, and the Agency shall comply with
any such communications received by City from HUD,
including termination of this Agreement.
24. The Agency agrees to carry out the reduction of
personnel and specifically the reduction of adminis-
trative and service costs in a manner that will
substantially implement the recommendations of Cresap,
McCormick and Paget concerning the Agency as set forth
in Exhibit "C" attached hereto and incorporated herein
by this reference. In carrying out said reduction of
personnel, the Agency agrees that the number of
personnel will be reduced from 15.1 as of June 1, 19839.
as follows: one person on or before June 30, 1983; one
person on or before July 31, 1983; two persons on or
before August 31, 1983; and one person on or before May
31, 1984. As of June 1, 1984, the Agency will have an
administrative staff of four persons and a field staff
of 6.1 persons. rDepending on 10th year budget levels
as established by the City Council, the Urban Renewal
Board shall develop recommendations that further reduce
the Agency's staffing levels to conform with the
recommendation of the Cresap, McCormick and Paget
study) Failure of the Agency to make the above reduc-
tions in personnel by the dates specified shall
constitute a violation of this Agreement and shall be
grounds for the City to implement the procedures set
forth in Paragraph 22 of this Agreement.
25. Any notice or notices required or permitted to be given
pursuant to this Agreement may be personally served on
the other party by the Party giving such notice, or may
be served by certified mail, return receipt requested,
to the following: Community Development Coordinator,
City of Lubbock; Executive Director, Urban Renewal
Agency of the City of Lubbock.
26. The Agency represents that it has or will secure at its
own expense all personnel required in performing the
services under this Agreement. Such personnel shall
not be employees of or have any contractual relation-
ship with the City, except as hereinafter provided in
paragraph 30. All personnel having financial manage-
ment or the management of money as a part of their
}� duties and who perform services under this Agreement
shall be bonded. No person who is serving a sentence
in a penal or correctional institution shall be
employed or work under this Agreement.
27. The Agency agrees to comply with Section 3 of the
Housing and Urban Development Act of 1968 as amended,
12 U.S.C. §1701u, and Section 202 of Executive Order
11246, a copy of each such sections being attached
hereto, marked Part II -Terms and Conditions, and by
reference made a part hereof for all particulars as
though fully set out herein.
28. None of the services covered by this Agreement shall be
subcontracted without the prior written consent of the
City. The Agency shall be fully responsible to the
City for the acts and omissions of its subcontractors
and of persons either directly or indirectly employed
by it.
29. The Agency shall not assign any interest in this
Agreement and shall not transfer any interest in the
same whether by assignment or novation without the
prior written approval of the City; provided however
that claims for money due or to become due to the
Agency from the City under this Agreement may be
assigned to a bank, trust company or other financial
institution or to a trustee in bankruptcy without such
approval. Notice of such assignment or transfer shall
be furnished to the City immediately.
30. No members of the City Council of the City and no other
officer, employee or agent of the City who exercises
any functions or responsibilities in connection with
the carrying out of the project to which this Agreement
pertains shall have any personal interest, direct or
indirect, in this Agreement or the proceeds thereof,
nor shall any such person acquire any such interest
within one (1) year after the termination of this
relationship with the City. The parties acknowledge,
however, that Mr. H.O. Alderson, the current Executive
Director of the Agency, is also employed by the City of
Lubbock as an Advisor to the City Council in matters
relating to the Texas Urban Renewal Law. The primary
purpose of Mr. Alderson's employment by the City is to
allow him to retain retirement benefits from his
previous employment with the City.
31. No member of or delegate to the Congress of the United
States and no Resident Commissioner shall be admitted
to any share or part of this Agreement or to any
benefit to arise herefrom.
32. The Agency agrees to establish safeguards to prohibit
its employees from using their positions for a purpose
that is or gives the appearance of being motivated by a
desire for private gain for themselves or others with
whom they have family, business or other ties.
33. The Agency further covenants and agrees that no member
of its governing body nor any employee of the Agency
currently has an interest, director or indirect, in the
above described project areas, or any parcels therein,
or any other interest which would conflict in any
manner or degree with the performance of its services
hereunder, that in the performance of this Agreement no
person having any such interest shall be employed by
the Agency and that no member of its governing body nor
any such employee shall acquire any such interest
during the term of this Agreement or for a period of
one (1) year after the expiration of this Agreement.
i� 34. Regardless of the date of execution hereof, this
Agreement shall become effective on the 1st day of
June, 1983 and shall terminate upon completion of the
designated projects and activities or as provided in
paragraph 24 above, whichever first occurs. No
disbursement shall be made, however, until the Agency
has complied with the requirements set forth in
paragraphs 7 and 8 above.
The Agency agrees to be and is hereby bound in the
execution of this Agreement by the requirements and
provisions as set forth in Part II - Terms and Condi-
tions, which Part II has been incorporated herein by
reference.
35. This Agreement constitutes and expresses the entire
agreement between the parties hereto and shall not be
amended or modified except by written instrument signed
by both parties.
IN WITNESS WHEREOF, the City and the Agency have executed
this Agreement as of the first day above written.
CITY OF LUBBOCK
// zli
►�
ALA ENRY
MAYOR
ATTEST:
velyn aff a
City Secretary-Tre rer
APPROVED AS TO CONTENT:
Sandy Og tr
Communit Development Coordinator
APPROVED AS TO FORM:
Assistant City Attorney
URBAN RENEWAL AGENCY OF THE
CITY OF L BBOCK, TEXAS
AIRMAN
OARD OF COMMISSIONERS
ATTEST:
.0. Alderson
Secretary
PART II - TERMS AND CONDITIONS
COMMUNITY DEVELOPMENT FUNDING AGREEMENT
BETWEEN
THE CITY OF LUBBOCK
AND
THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK
Upon execution of this Funding Agreement of which this Part II - Terms and
Conditions is a part, the City of Lubbock through its Community Development
Department agrees to provide to the Agency funds received by the City as
Federal assistance under Title I of the Housing and Community Development
Act of 1974 (P.L. 93-383), as amended, subject to the terms and conditions
of this Funding Agreement, applicable law, regulations and all other require-
ments of the Department of Housing and Urban Development (HUD) now or here-
after in effect, the HUD Community Development Block Grant Regulations at 24
CFR Part 570 and the following General Terms and Conditions:
1. Definitions:
Except to the extent modified or supplemented by this Funding Agreement,
any term defined in Title I of the Housing and Community Development Block
Grant Regulations at 24 CFR Part 570, shall have the same meaning when used
herein.
(a) Agreement means this Funding Agreement, as described above and
any amendments or supplements thereto.
(b) City means the City of Lubbock, Texas.
(c) Grantee means the Urban Renewal Agency.
(d) Assurances, when capitalized, means the certifications and assurances
submitted by the City to HUD with the Statement of Community Develop-
ment Objectives and Projected Use of Funds.
(e) Assistance provided under this Agreement means the grants and any
loans secured by loan guarantees provided under this Agreement.
(f) Program means the Community Development program, project, or other
activities, including the administration thereof, with respect to
which assistance is being provided under this Agreement.
2. "Section 3" Compliance in the Provision of Training Employment and
Business Opportunities:
This Agreement is subject to the requirements of Section 3 of the Housing
and Urban Development Act of 1968 (12 USC 1701u), as amended, the HUD regula-
tions issued pursuant thereto at 24 CFR Part 135, and any applicable rules and
orders of HUD issued thereunder prior to the HUD authorization of the Funding
Approval.'
The Grantee agrees that it shall be bound by, and shall cause or require
to be inserted in full in all contracts and subcontracts for work financed in
whole or inpart with assistance provided under this Agreement, the Section 3
clause set forth below:
TRAINING, EMPLOYMENT, AND CONTRACTING OPPORTUNITIES FOR BUSINESSES AND
LOWER INCOME PERSONS IN CONNECTION WITH ASSISTED PROJECT.
A. The work to be performed under this contract is on a project
assisted under a program providing direct Federal financial
assistance from the Department of Housing and Urban Development
and is subject to the requirements of Section 3 of the Housing
and Urban Development Act of 1968, as amended, 12 U.S.C.
1701u. Section 3 requires that to the greatest extent feasible
opportunities for training and employment be given lower income
residents of the project area and contracts' for work in connect-
ion with the project be awarded to business concerns which are
located in or owned in substantial part by persons residing in
the area of the project.
B. The parties to this contract will comply with the provisions of
said Section 3 and the regulations issued pursuant thereto by the
Secretary of Housing and Urban Development set forth in 24 CFR
135, (published in 38 Federal Register 29220, October 23, 1973),
all applicable rules and orders of the Department issued thereunder
prior to the execution of this contract. The parties to this
contract certify and agree that they are under no contractual or
other disability which would prevent them from complying with
these requirements.
C. The contractor will develop and implement an affirmative action
plan for utilizing business concerns located within or owned in
substantial part by persons residing in the area of the project;
and making of a good faith effort, as defined by the regulations,
to provide training, employment, and business opportunities re-
quired by Section 3 of the Housing and Urban Development Act of
1968.
D. The contractor will send to each labor organization or represent-
ative of workers with which he has a collective bargaining agree -
mentor other contract or understanding, if any, a notice advising
the said labor organization or workers' representative of his
commitments under this Section 3 clause and shall post copies
of the notice in conspicuous places available to employees and
applicants for employment or training.
E. The contractor will include this Section 3 clause in every sub-
contract for work in connection with the project and will, at
the -direction of the applicant for or recipient of Federal fin-
ancial assistance, take appropriate action pursuant to the sub-
contract upon a finding that the subcontractor is in violation of
regulations issued by the Secretary of Housing and Urban Develop-
ment, 24 CFR 135. The contractor will not subcontract with any
subcontractor where it has notice or knowledge that the latter
has been found in violation of regulations under 24 CFR 135 and
will not let any subcontract unless the subcontractor has first
provided it with a preliminary statement o_f abil-ity to comply with
-the requirements of these regulations.
F.. Compliance with the..provisions of Section 3; the regulations set
forth in 24 CFR 135, and all. applicable rules and orders of the
Department issued thereunder prior to the ;execution of the -contract,
shall be a condition of the Federal financial assistance provided
to the project, binding upon the applicant or recipient for such
assistance, its successors, and assigns. Failure to fulfill these
requirements shall subject the applicant or recipient, its contractors
and subcontractors, its successors, and assigns to those sanctions
specified by the grant or loan agreement or contract through which
Federal assistance is provided, and to such sanctions as are specified
by 24 CFR 135.
The Grantee shall provide such copies of 24.CFR Part,135 as may be necessary
for the information of parties to contracts required; to c6ntain the above
Section 3 clause.
3. Flood Disaster Protection:
The agreement is subject to the requirements of the Flood Disaster Pro-
tection Act of 1973 (P.L. 93-234). No portion of the assistance provided
under this Agreement is approved for acquisition or construction purposes as
defined under Section 3(a) of said Act, for use in an area identified by the
Secretary as having special flood hazards which is located in a community not
then in compliance with the requirements for participation. in the national
flood insurance program pursuant to Section 201(d) of said Act; and the use of
any assistance provided under this Agreement for such acquisition or con-
struction in such identified areas in communities then participating in the
national flood insurance program shall be subject to the mandatory purchase of
flood insurance requirements of Section 102(a) of said Act.
Any contract or agreement for the sale, lease, or other transfer of land
acquired, cleared or improved with assistance provided under this Agreement
shall contain, if such land is located in an area identified by the Secretary
as having special flood hazards and in which the sale of flood insurance has
been made available under the National Flood Insurance Act of 1968, as amended -
42 U.S.C. 4001 et seq., provisions obligating the transferee and its successors
or assigns to obtain and maintain, during the ownership of such land, such
flood insurance as required with respect to financial assistance for acquisition
or construction purposes under Section 102(a) of the Flood Disaster Protection
Act of 1973. Such provisions shall be required notwithstanding the fact that
the construction on such land is not itself funded with assistance provided
under this Agreement. _
4. Equal Employment Opportunity:
(a) Activities and contracts not subject to Executive Order 11246, as
amended. In carrying out the program, the Grantee shall not discriminate
against any employee or applicant for employment because of race, color;
religion, sex, or national origin. The Grantee shall take affirmative action
to insure that applicants for employment are employed, and the employees are
treated during, their employment, without regard to their race, color, religion,
sea, or national origin. Such action shall include, but not be limited to,
the following: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
Grantee shall post in conspicuous places, available to employees and applicants
for employment, notices to be provided by the Government setting for the
provisions of this nondiscrimination clause. The Granteeshall state that all
qualified applicants will receive consideration for employment without regard
to race, color, religion, sex, or national origin. The Grantee shall incorporate
the foregoing requirements of this.. paragraph (a) in all of its contracts for
program -work, except contracts governed by paragraph (b) of this section, and
will require all of its contractors for such work to incorporate such requirements
in all subcontracts -for program -work.
(b) Contracts subject to Executive Order 11246, as amended. Such contracts
shall be subject to HUD Equal Employment Opportunity regulations at 24 CFR
Part 130 applicable to HUD assisted construction contracts.
The Grantee shall cause or require to be inserted in full in any nonexempt
contract and subcontract for construction work, or modification thereof, as
defined in said regulations, which is paid for in whole or in part with assist-
ance provided under this Agreement, the following equal' opportunity clause:
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant
for employment because of race, color, religion, sex, or national origin. The
contractor will take affirmative action to ensure that applicants are employed,
and that employees are treated during employment, without regard to their
race, color, religion, sex, or national origin. Such action shall include,
but not be limited to, the following: Employment, upgrading, demotion, or
transfer, recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and ,selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination
clause.
4
(2) The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all qualified
applicants will receive consideration for employment.without regard to race,.
color, religion, sex, or national origin.
(3) The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other contract
or understanding a notice to be provided by the Contract Compliance Officer
advising the said labor union or.workers' representatives of the contractor's
commitment.under this section, -and -shall post copies of the notice in conspi-
cuous places available to employees and applicants for employment.
(4) The contractor will comply with all provisions to Executive Order
11246_ -of --September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by the rules, regulations,
and orders of the.Secretary of Labor, or pursuant thereto, and Will permit
access to.his books, records and accounts by the -City and by the Department of
Housing and Urban Development and the Secretary of Labor for -purposes of
investigation to ascertain compliance with such rules, regulations,*and orders.
(6) In the event of the contractor's noncompliance with the nondiscrimi-
nation clauses of this contract or with any of such rules, regulations, or
orders, this contract may be canceled, terminated or suspended in -whole or in
part and the contractor may be declared ineligible for' further•Government
contracts or federa111y assisted construction contract procedures authorized
in Executive Order 11246 of.September 24, 1965, or by rule, regulation, or
order of the Secretary of Labor, or as otherwise provided by law.
(7) The contractor will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (1 -)`through (7) in
every subcontract or purchase order unless exempted by rules, regulations, or
orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of.September 24, 1965,.so that such provisions will be binding
upon each subcontractor or vendor.. The contractor will take such action with
respect to any -subcontract or purchase order as the.Department.may direct as a
means of enforcing such provisions, including sanctions for noncompliance;
provided, however, that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor.or vendor as a result of such
direction by the Department, the contractor may request the United States to
enter into such litigation to protect the interest of the United States.
The Grantee further agrees that.it will be bound by the above equal
opportunity clause, with respect to its owner employment practices when it
participates in federally assisted construction work; provided, that if the
Grantee so participating is a State or local government, the above equal
opportunity clause is not applicable to any agency,.instrumentality or sub-
division of such government which does not participate in work on or under the
contract.
The Grantee agrees that it will assist and cooperate actively with the
City, HUD, and the Secretary of Labor in obtaining the compliance of contrac-
tors and subcontractors with.the equal opportunity clause"and"the rules,
regulations, and relevant orders -of -the Secretary of Labor; that'it will
furnish.the City, HUD, and the Secretary of Labor -such information as they may
require for the -.supervision of such compliance; and that it will -otherwise
assist the City and HUD in the discharge of HUD's primary.responsibil'ity for
securing compliance.
The Grantee further agrees that it will refrain from entering into any
contract or 'contract modification subject to Executive Order 11246 of September
24, 1965, with a contractor debarred from, or who has not demonstrated eligi-
b1lity.for, Government contracts and federally assisted construction contracts
pursuant to the executive order and will carry out such sanctions and penalties
for violation of the equal opportunity clause as may beimposed upon contrac-
tors and subcontractors by the Department or the Secretary of Labor pursuant
to Part II, Sub -Part D of the executive order. In addition, the Grantee
agrees that if it fails or refuses to comply with these undertakings, the City
or the'Department of Housing and Urban Development may take anyorall of the
following actions: Cancel, terminate, or suspend in whole or in part the grant
or loan guarantee; refrain from extending any further assistance to the Grantee
under the program with respect to which the failure or refusal occurred until
satisfactory assurance of future compliance has been received from such Grantee;
and refer the case r• the Department of Justice for appropriate legal proceedings.
5. Lead -Based Paint Hazards:
The construction or rehabilitation of residential structures with assist-
ance provided under this Agreement is subject to the HUD Lead -Based Paint
regulations, 24 CFR Part 35. Any grants or loans made through the Grantee for
the rehabilitation of residential structures with assistance provided under
this Agreement shall be made subject to the provisions for. the elimination of
lead-based paint -hazards under subpart B of said regulations, and the Grantee
shall be responsible for the inspections and certificates required under
Section 35.14(f) thereof.
6. Compliance with Air and Water Acts:
This Agreement is subject to the requirements of the Clean Air Act, as
amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as
amended, 33 USC 1251 et seq., and the regulations of the Environmental Pro-
tection Agency with respect thereto, at 40 CFR Part 15, as amended from time
to time.
In compliance with said regulations, the Grantee shall cause or require
to be inserted in full in all contracts and subcontracts with respect to any
nonexempt transaction thereunder funded with assistance provided under the
Agreement, the following requirements:
(1) A stipulation by the contractor of subcontractors that any facility
to be utilized -in the performance of any nonexempt contract or subcontract is
not listed on the List of Violating Facilities issued by the Environmental
Protection Agency (EPA) pursuant to 40 CFR 15.20.
(2) Agreement by the contractor to comply with all the requirements of
Section 114 of the Clean Air Act, as amended, (42 USC 18572-8) and Section 308
of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating
to inspection, monitoring, entry, reports, and information, as well as all
other requirements specified in said Section 114 and Section 308, and all
regulations and guidelines issued thereunder.
(3) A stipulation that as a condition for the award of the contract
prompt notice will be given of any notification received from the Director,
Office of Federal Activities, EPA, indicating that a facility utilized for the
contract is under consideration to be listed on the EPA List of Violating
Facilities.
Z
" (4) -Agreement by the contractor that he will include or cause. to be
included the criteria and requirements in paragraphs (1);through (4) of this
section.in every nonexempt subcontract and requiring that the contractor will
take suchaction as the Government -may. direct as a means of enforcing such
provisions.
In no event shall any amount of the assistance prov1ded under this Agree-
ment be utilized with respect to a facility which has given rise to a conviction
under Section 113(c) (1) of the Clean Air Act or Section 309(c) of the Federal
Water Pollution Control Act.
7. Federal Labor Standards Provisions:
Except with respect to the rehabilitation of resident:a.al property designed
for residential use for less than eight families; the Grantee and all contractors
engaged under contracts in excess of $2,000 for the construction, prosecution,
completion or repair of any building or work financed in oriole or in part with
assistance provided under this Agreement, shall comply with HUD requirements
pertaining to such contracts and the applicable requirements of the regulations
of the Department of Labor under 29 CFR Parts 3, 5 and 5a, governing the
payment of wages and the ratio of apprnctices and trainees to journeymen;
provided, that if wages rates higher than those required under such regulations
are imposed by state or local law, nothing, hereunder is intended to relieve
the Grantee of its obligation,. if any, to require payment of the higher rates.
The Grantee shall cause or require to be inserted in full, in all such contracts
subject to such regulations, provisions meeting the requirements of 29 CFR 5.5
and, for contracts in excess of $10,000, 29 CFR 5a.3.
F1
No award of the contracts covered under this section of the Agreement
shall be made to any contractor who is at the time ineligible under the provisions
of any applicable regulations of the Department of Labor to receive an award
of such contract.
8. Nondiscrimination Under Title VI of the Civil Rights Act of 1964:
This Agreement is subject to the requirements 'of Title VI of the Civil
Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto
including the regulations under 24 CFR Part I. In the sale, lease, or other
transfer of land acquired, cleared or improved with assistance provided under
this Agreement, the Grantee shall cause or require a covenant running with the
land to be inserted in the deed or lease for such transfer; prohibiting discriminati,
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, and providing that the City and the United
States_ are beneficiaries of and entitled to enforce such covenant. The Grantee,
in undertaking its obligation in carrying out the program assisted hereunder,
agrees to take such measures as are necessary to enforce such covenant and
.-ill not itself so discriminate.
9. Obligations of Grantee with Respect to Certain Third Party Relationships:
The Grantee shall remain fully obligated under the provisions of the
Agreement notwithstanding its designation of any third panty or parties for
the undertaking of all or any part of the program with respect towhich assistance
is being provided under lawful requirements of the City necessary to insure
that the program with respect to which assistance is being provided under this
Agreement to the Grantee is carried out in accordance with' the City's Assurances
and certificates including those with respect to the assumption of environmental
responsibilities of the City under Section 104(h) of the Housing and Community
Development Act of 1974.
10. Interest of Certain Federal Officials:
No member of or Delegate to the Congress of the United States, and no
Resident Commissioner, shall be admitted to any share or part of this Agree—
ment or to any benefit to arise from the same.
11. Interest of Members, Officers, or Employees of City, Members of
Local Governing Body, or Other Public Officials:
No gember, officer, or employee of the City, or its designees or agents,
no member of the governing body of. the locality in which, the program is
situated, and no other public,official of such locality or localities who
exercise 'Any 'functions or responsibilities with respect to the program during
his tenure or for. one year thereafter; shall have any interest, direct or
indirect, in any contractor subcontract,. or the proceeds thereof,* for work to
be performed in connecton with the program assisted under the Agreement. The
Grantee shall incorporate, or cause to be incorporated,. in all such contracts
or subcontracts a provision prohibiting such interest pursuant to the purposes
of this section.
12. Prohibition Against Payments of Bonus or Commission:
The.assistance provided under this Agreement shall• not be used in the
payment of any bonus or' commission for the purpose of obtaining HUD approval
of applications for additional assistance, or any other approval or concurrence
of HUD required under this Agreement, Title I of the Housing and Community
Development Act of 1974 or HUD regulations with respect thereto; provided,
however, that reasonable fees or bona fide technical, consultant, managerial
or other such services, other than actual solicitation, are not hereby prohibited
if otherwise eligible as program costs..
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Page 11 of 16
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Page 12 of 16
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Page 14 of 16
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Page 15 of 16
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"POSSIBLE REHAB AREA"
Page 16 of 16
I v
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A
THE URBAN RENEWAL AGENCY OF
THE CITY OF LUBBOCK
B Y 2A
00
1�
H.O. AI-derson
Executive Director
CITY OF LUBBOCK
BY Z&- Qejleo��
itl :
"EXHIBIT B"
WORK ORDER BUDGETS AND PROGRAM
Work
Order 008300
Administrative Costs
$ 181,992
Work
Order 008324
Posey Lakeside East
$ 589100
Acquisition
2 parcels
Relocation
2 parcels
Demolition
2 structures
Work
Order 008301
Arnett -Benson
$ 2019250
Acquisition
9 parcels
Relocation
9 households
Demolition
9 structures
Work
Order 008302
Phyllis -Wheatley
$ 699000
Acquisition
4 parcels
Relocation
4 households
Demolition
4 structures
Work
Order 008303
Elliston -Bozeman
$ 85,350
Acquisition
3 parcels
Relocation
3 households
Demolition
3 structures
Work
Order 008304
Residential Rehabilitation
$ 505,462
Rehabilitate
68 units
Stubbs School, Meadowbrook Villa, Elliston -Bozeman,
Arnett -Benson, Posey, Bean, Coronado, East Manhattan
Heights, Thunderbird, Cherry Point, Lyndale
Acres,
McCrummen's Second Addition and Brown School
Area.
Work
Order 008305
Field Costs
$ 163,774
TOTAL
$19264,928
THE ABOVE WORK ORDER BUDGETS AND PROGRAM ARE HEREBY
APPROVED.
THE URBAN RENEWAL AGENCY OF
THE CITY OF LUBBOCK
B Y 2A
00
1�
H.O. AI-derson
Executive Director
CITY OF LUBBOCK
BY Z&- Qejleo��
itl :