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HomeMy WebLinkAbout08785 ORD - 03/06/1968IMS:JKH:3 -14 -68 1. • a AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN AGREEMENT RELATING TO UNDERTAKING A PROJECT FOR NEIGHBORHOOD FACILITIES UNDER SECTION 703, U. S. PUBLIC LAW 89 -117, SAID ODNTRACT BEING BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS, AND THE BOYS CLUB OF CORPUS CHRISTI, TEXAS, A TEXAS NON— PROFIT CORPORATION, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY COUNCIL ON MAY 4, 1966, DULY PASSED RESOLUTION N0. 8004, AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH APPLICATIONS AND CONTRACTS AS MAY BE NECESSARY TO OBTAIN A GRANT FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), AND ACCOMPLISH THE CONSTRUCTION OF A NEIGHBORHOOD FACILITIES PROJECT; AND WHEREAS, ON APRIL 14, 1966, MR. SHERIDAN C. LEWIS SIGNED A COMMITMENT AGREEMENT AS PRESIDENT OF THE BOYS' CLUB OF CORPUS CHRISTI, SOUTHERN COAST CORPORATION, SOUTHERN COMMUNITY GAS COMPANY, AND SOUTHERN COAST DRILLING COMPANY, INC., IN WHICH SOUTHERN COAST CORPORATION, SOUTHERN COMMUNITY GAS COMPANY, SOUTHERN COAST DRILLING COMPANY, INC. AND SHERIDAN C. LEWIS, INDIVIDUALLY, AGREED JOINTLY AND SEVERALLY TO PROVIDE $76,600 CASH AND THE NECESSARY PLANTING, LANDSCAPING AND PREPARATION OF GROUNDS FOR THE NEIGHBORHOOD FACILITIES PROJECT; AND WHEREAS, ON JULY 12, 1967, THE CITY COUNCIL DULY PASSED RESOLUTION NO. 8518 WHICH REAFFIRMED RESOLUTION N0. 8004 AND AUTHORIZED THE FILING OF AN AMENDED APPLICATION TO INCREASE THE TOTAL PROJECT TO $370,000 AND DIRECTED THE EXECUTION OF SUCH CONTRACTS AS MAY BE NECESSARY TO BRING ABOUT THE ACCOMPLISHMENT OF THE NEIGHBORHOOD FACILITIES PROJECT; AND WHEREAS, ON JULY 1, 1967, THE PARTIES TO THE APRIL 14, 1966 COMMITMENT AMENDED THE COMMITMENT BY INCREASING THE SUM TO $98,287, RATHER THAN $76,700; AND WHEREAS, ON FEBRUARY 20, 1967, PART I OF THE CITY'S APPLICATION TO HUD WAS APPROVED AND ON JANUARY 30, 1968, PART 11 OF THE APPLICATION WAS APPROVED; AND WHEREAS, THE PROPOSED CONTRACT BETWEEN THE CITY AND HUD HAS BEEN SUBMITTED W THE CITY AND THE CITY MUST ASSURE CASH PARTICIPATION I i S ! 5 OF AT LEAST $96,347 IN THE PROJECT (TEX. N -5): AND WHEREAS, THE PROJECT ANTICIPATES THE NEIGHBORHOOD FACILITY BEING THE PROPERTY OF THE BOYS' CLUB OF CORPUS CHRISTI AND OPERATED UNDER A 20 -YEAR CONTRACT AS A NEIGHBORHOOD FACILITY BY THE BOYS' CLUB IN EXCHANGE FOR PAYMENT OF THE $96,347 PROVIDED IN THE COMMITMENT OF JULY 11, 1967, AND ANY OTHER COSTS WHICH MIGHT BE INCURRED BY THE CITY: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION I. THAT THE CITY MANAGER BE AUTHORIZED AND DIRECTED TO EXECUTE A CONTRACT WITH THE BOYS' CLUB OF CORPUS CHRISTI, TEXAS, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE NECESSARY CONTRACTS AND DO SUCH THINGS AS ARE NECESSARY IN ORDER TO EXPEDITE THE PROJECT HEREINABOVE DESCRIBED CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH PUBLIC EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFF CT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED THIS THE DAY OR MARCH, 1965. ATTEST: n i al�-mc av CIT SECRE A M YOR AP, OVED AS 0 LEGAL FORM S THE CITY OF CORPUS CHRISTI, TEXAS DA OF MARCH, 1965: CITY ArTORfiEY AGREEMENT RELATING TO UNDERTAKING A PROJECT FOR NEIGHBORHOOD FACILITIES UNDER SEC. 703, U. S. PUBLIC LAW 89 -117, BETWEEN THE CITY OF CORPUS CHRIS ^1I, TEXAS, AND THE BOYS' CLUB OF CORPUS CHRISTI, TEXAS The City of Corpus Christi, Texas, (hereafter referred to as the "City ") is an incorporated municipality of the State of Texas operating under a "home rule" charter, and is a "local public body" within the meaning of Sec. 706 and Sec. 703(a) of United States Public Law 89 -117. The Boys' Club of Corpus Christi, Texas, (hereafter referred to as the "Boys' Club ") is a non - profit corporation organized under the laws of the State of Texas and governed by the Texas Non- Profit Corporation Act. The City and the Boys' Club have agreed as follows: 1. The City is undertaking a project for neighborhood facilities described on exhibit A (attached as a part of this agreement) through the Boys' Club, and for such purpose the City approves the Boys' Club pursuant to Sec. 703(a) U. S. Public Law 89-117 to undertake such project. The City has made, or is making, application for a grant under such Section 703, U.S. Pub. Law 89-117 to assist in financing such project. Such project is to be located on the fifteen acre tract of land out of lot 13, section g, of Paisley subdivision of the Hoffman tract as shown by map or plat of record in Volume A, page 28, Map Records of Nueces County, Texas, described by metes and bounds in deed from City of Corpus Christi, Texas, to The Boys' Club of Corpus Christi dated September 12 , 1962, and recorded in Volume 974 , page 317 of the Deed Records of Nueces County, Texas. The City and the Boys' Club have entered into this agreemenw in order to assure that the City will have satisfactory continuing control over the use of the proposed facilities for which such grant is sought, as is required by such Section 703(a), U. S. Pub. Law 89 -117. 2. The Boys' Club shall provide all sums required as part of the development cost of the project in excess of such sums as shall be furnished by the United States in the form of a grant . under Sec. 703 U. S. Pub. Law 89 -117. The City shall not be obligated to furnish or expend any sum or funds other than such grant by the United States, and the Boys' Club agrees to hold the City wholly free and harmless from any expense or expenditure for the completion of such project other than the application thereto of funds received.from the United States as a grant for such project. 3. The Boys' Club agrees to undertake the project, and administer the neighborhood facilities constructed in such project, and to conduct and carry out a program of health, recreational, social and similar community service in and with such facilities as set forth in the application for the grant under U. S. Pub. Law 89-117 for such facilities. 4. For a period of twenty (20) years from and after the date on which such grant shall have been made, such facilities shall not, without the approval of the City and the approval of the Secretary of the Department of Urban Affairs of the United States (or his successor as "Administrator" under Public Law 89 -117), be converged to uses other than those proposed in the application for such grant. Specifically such facilities shall not be converted to uses other than the following: Operation of after- school study center for the use by boys and girls in the neighborhood from the first to the twelfth grades during the school year; and operation of a similar summer school study center during the months of June, July and August. Counseling and consultation with families with respect to the education and welfare of their children with emphasis upon determin- ing the reasons for boys and girls dropping out of after - school and summer study center programs. Operation of the program to prevent juvenile delinquency through the Boys' Club positive program called "Design for Juvenile Decency" by which Boys' Club leaders through example and interest guide boys into creative rather than destructive activities and teach them good citizenship. Conducting a program of character building for boys under the staff guidance of trained directors and a friendly informal atmosphere of day to day relationships for the purpose of developing good character and building good citizens. Training youths in community service by leading and encouraging Boys' Club members to devote time to serving the community as part of their citizenship training and service including working for the United Community Services and similar organizations, community and neighborhood clean -up programs, Christmas activities, and continuing "Big Brother" help and guidance by older boys with younger ones. Conduct of comprehensive program of physical fitness and athletic recreation including training and supervised competition in baseball, basketball, touch football, swimming, tennis, volleyball, table tennis, and numerous other sports and physical activities for boys with participation by girls in swimming and tennis activities. Conduct of a training program in arts and handicrafts activities, music, and community service training. Conducting a program of dental health and hygiene involving examination, instruction in dental hygiene techniques, and furnishing corrective dental work through the cooperation of volunteer dentists volunteering their professional services and the use of the latest modern equipment. Conducting a program of training and instruction in good health and personal hygiene techniques. Sponsoring social activities including a program of two to three neighborhood dances each month and other social functions open to participation by all neighborhood young people with invitation to and active participation by parents of the young people in order to provide an environment for wholesome social relationships under proper super- vision and guidance. Conduct of a comprehensive program to promote the social, educa- tional, vocational, health and character development of boys in the City of Corpus Christi as embodied in the purpose and program of the Boys' Clubs of America and its local affiliate people of Boys' Club of Corpus Christi, Texas. Conduct of component parts of Community Action Programs approved under the Economic Opportunity Act of 1964. Use as a center for the recreation, education and training of boys. -2- Nondiscrimination. The Boys° Club will operate the neighborhood facilities in compliance with all requirements imposed by or pursuant to regulations of the Secretary of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964 (78 Stat. 252). The Boys' Club will not, on the basis of race, creed, color or national origin, deny to any person the use, benefits or service provided by the neighborhood facilities, nor provide any facilities, services or benefits to a person which are different or are provided in a different manner from those provided to others under the same program or activity. The Boys' Club will not adopt rules, regulations or practices for the operation of the neighborhood facilities which are discriminatory in nature. The Boys' Club further agrees that it will not enter into any lease or other agreement respecting the neighborhood facilities without incorporating into such lease or agreement provisions which will insure that the use and occupancy, and the provision of neighborhood services and other benefits will be available without regard to race, creed, color or national origin. The provisions of this paragraph have no termination date and shall be effective so long as the premises are used as neighborhood facilities. Conduct of programs of health, recreational, social or similar community service (including portions of Community Action Programs approved under title II of the Economic Opportunity Act of 1964) which shall be approved from time to time by the City of Corpus Christi. 5. The Boys' Club agrees and obligates itself that, to the extent that such facilities are not actively employed by the Boys' Club in the conduct of programs by it and may be utilized by others for uses described above without interferring with fire program and activities conducted by the Boys' Club, the Boys' Club will during the term of this agreement make a portion of the facilities con- structed with such grant available from time to time to other neighborhood groups, agencies, and organizations for purposes and uses for which such facilities are developed as described above, subject to such reasonable rules and regulations as shall be necessary and appropriate to assure the preservation, maintenance and safekeeping of the facilities, the observance of applicable use restrictions, the maintenance of proper discipline and order, and the public interest, including the making of reasonable charges for the use of the facilities not in excess of the reasonable cost to the Boys' Club of maintenance, utility services, supervision and other costs of making such facilities available for such use, provided however, no fees or charges will be made for the services and benefits of the neighborhood facilities except in accordance with the regula- tions of the Secretary of Housing and Urban Development. Scheduling of such use shall be handled by the Boys' Club administration on a first come first serve basis or such other priority basis as shall be acceptable to the City. The Boys' Club agrees to coordinate and cooperate with the City in establishing procedures to implement the provisions of this paragraph. 6. If the Boys' Club should violate or default in its covenants as set forth in paragraphs 3, 4 or 5 above, the City shall have the right to and shall enforce performance thereof in any mode provided by law, whether for breach of covenant or otherwise, including, but not limited to, the obtaining of a.mandatory injunction from a court of proper jurisdiction 'requiring performance of this agreement; and in addition, the City may, if it elects, by giving the notice and complying with the further provisions hereof declare that the right of possession of such property for the term hereof has reverted to the City, and in the event the right of possession of such property should so revert to the City, the City, its agent, employee, or attorney, shall have the right without being guilty of any manner -3- of trespass and without prejudice to any raraedy for breach of covenant or condition or otherwise to resume possession of said premises including all improvemonts situated thereon, which shall then and thereafter become and be the sole property of the City for the remainder of the term hereof and provided that the City shall restrict the use of such facilities for the balance of the term hereof to such uses as shall have been or shall be approved by the U. S. Administrator having jurisdiction. Notwithstanding any other provision hereof, however, the Boys' Club shall not be considered as having forfeited or as having divested of its ownership or right to use and possess said property, for failure to use said property in the manner herein required., or for breach of any covenant contained herein, or for failure to meet any condition contained herein, or for any other reason, unless prior thereto the City shall have given written notice to the Boys' Club addressed to it at the above described premises and deposited in the U. S. Mails, registered, return receipt requested, setting forth the breach of covenant complained of or other grounds asserted for such termination; and unless further that the Boys' Club shall have failed to cure any such default or failed to meet any such condition promptly' after such notice, the period of time being allowed to be, in any event, not less than thirty (30) days, nor more than ninety (90) days. By the term "promptly" is meant the time which ordinarily would be required to accomplish the correction. The City reserves the right to exercise general supervision of the performance of this agreement by the Boys' Club. 7. Upon request to the Boys' Club by the City, promptly after the making of such grant by the United States, the Boys' Club shall cause to be prepared, executed, acknowledged and filed for record in the Deed Records of Nueces County, Texas, an instrument setting forth the covenants of the Boys' Club as set forth in paragraphs 4, 5 and 6 of this agreement. After completion of construction of the proposed facilities and approval by the City and the Department of Housing and Urban Development, in consideration for the funds to be furnished to the City by the Boys' Club at the beginning of the project in order to commence construction of the facilities with no disbursement of City funds, the City shall cause to be prepared, executed and filed for record in the Deed Records of Nueces County, Texas, an instrument releasing its interest in and, occupancy and control of, the improve- ments,. subject to the City's retained right of control over the use of the facilities pursuant to this contract and agreement. In addition, the City shall cause to be prepared, executed and filed for record in the Deed Records of Nueces County, Texas, an instru- ment acknowledging satisfaction and compliance with the restrictions relating to the erection of improvements by the Boys' Club (contained in the deed from the City to the Boys' Club, recorded in Vol. 974 , page 317 , of the Deed Records of Nueces County, Texas, in which deed the property upon which the neighborhood facility is to be constructed was conveyed to the Boys' Club). 8. The Boys' Club will conduct its affairs and manage the operation of these facilities so as to endeavor to be an asset to the City of Corpus Christi, Texas, and to provide continuing service to residents of the City of Corpus Christi who are members of low - income families. 9. The term of this agreement shall be twenty (20) years from and after the date on which the grant is made under U. S. Fab. Law 89 -117 for the project to which this agreement relates. -4- 10. The obligations of the City and the Boys' Club under this agreement are conditioned upon the disbursement by the United States of the funds reserved for this project pursuant to the application referred to above. This agreement shall be revised to incorporate requirements subsequently imposed by the United States and accepted by the parties hereto in connection with the making of such grant. The acceptance of ,a grant shall constitute acceptance of requirements theretofore imposed by the United States. 11. Encumbrances; Taxes and Assessments. The Boys' Club shall not voluntarily create, cause, or allow to be created any debt, lien, mortgage, charge, or encumbrance against the neighborhood facilities which in any way will impair or otherwise adversely affect the preser- vation of said facilities for the use or uses set out in this Contract. The Boys' Club shall from time to time duly pay and discharge, or cause to be paid and discharged when the same become due, all taxes,.assessments, and other governmental charges which are lawfully imposed upon the neighborhood facilities and which if unpaid may by law become a lien or charge upon said facilities and thereby impair or otherwise adversely affect the holding of said facilities for the use or uses set out in this Contract. 12. Maintenance and Operation. The Boys' Club shall at all times keep the neighborhood facilities in good and safe condition and repair and in the occupancy, maintenance and operation thereof shall comply with all laws, ordinances, codes and regulations applicable thereto. The Boys' Club shall not permit, commit or suffer waste or impairment of the land described in paragraph 1 above or of the neighborhood facilities, or any part thereof. 13. Submission of Documents. The Boys' Club shall submit to the City and the Secretary of Housing and Urban Development such data, reports, records and documents relating to the operation of the neighborhood facilities as the Government may require in order to permit the Secretary to determine whether the operation of the neighborhood facilities is in accordance with this Contract and the rules and regulations of the Secretary. 14. Safeguards Against Risk. The Boys' Club shall provide adequate measures, in accordance with the rules and regulations of the Secretary of Housing and Urban Development, to safeguard the neighborhood facilities against damage and destruction and against liability flowing from injury or death to persons. These rules and regulations will require the Boys' Club to provide for these risks by appropriate insurance policies in adequate amounts, or with the approval of the Secretary, take such other measures to provide, adequate safeguards. 15. The Boys' Club will keep.full, complete., and accurate books of account and records with respect to all matters covered by this contract. Financial records will be maintained in accordance with generally accepted accounting principles in such manner as to permit a speedy and effective audit. The Boys' Club will, at any time during normal business hours, and as often as the City orthe Secretary of Housing and Urban Development or the Comptroller General of the United States may deem necessary, permit the City or the Secretary and the Comptroller General to have full and free access to all of its books and records with respect to the matters covered by this Contract, including those set forth in this para- graph,. and will take all necessary steps (including the incorpora- tion of appropriate provisions in all contracts for Project work) to assure that the City and the Secretary and t'.-,e Comptroller General are permitted to audit, examine, and make excerpts or transcripts from books and records with respect to matters covered by this Contract, and to -5- review, inspect, and make audits of all contracts, invoices, payrolls, records of personnel, books of accounts, and other documentary data pertaining to such matters. 16. No officer, employee or member of the governing body of the Boys' Club or City of Corpus Christi, ro other public official of the locality in which the Project will be carried out, and no employee, officer or director of any participating nonprofit organiza- tion, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the Project, shall have any financial interest, direct or indirect, in this Contract, or in any contract or undertaking in connection with carrying out the Project or in connection with the use and operation of the neighborhood facilities. 17. No member of or delegate to the Congress of the United States of America, and no Resident Comaissioner, shall be admitted to any share or part hereof or to any. benefit arising herefrom. 18. The Boys' Club will not pay any bonus or commission for the purpose of obtaining approval of the application, or any other approval by the United States Government which may be necessary under this Contract. 19. Nothing contained in this Contract shall create or justify any,claim against the United States Government by any third person as a result of contracts executed by the Boys' Club or any other actions of the Boys' Club in carrying out the Project or in the use and operation of the neighborhood facilities. 20. Severability. If any provision of this Contract is held invalid, the remainder of this Contract shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. Signed, dated and delivered on , 1968. THE CITY OF CORPUS CHRISTI, TEXAS ( "The City ") ATTEST: By City Secretary Approved as to Legal Form 1968. City Attorney THE BOYS' CLUB OF CORPUS CHRISTI, TEXAS The "Boys' Club ") ATTEST: By ary • TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS CORPUS CHRISTI XAS /J DAY OF G/L."4 19�0 d FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCEDj AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL) I, THEREFORES REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY _ FAX YOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY JR. P. JIMENEZ, JR., M.D. IV, SL GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS