HomeMy WebLinkAbout09489 ORD - 09/17/1969IMSUKH:9 -17 -69
AN ORDINANCE
APPROVING AND PROVIDING FOR THE EXECUTION OF A
CONTRACT FOR GRANT TO ACQUIRE AND/OR DEVELOP
LAND FOR OPEN SPACE PURPOSES, COPY OF WHICH
CONTRACT IS ATTACHED HERETO AND MADE A PART
HEREOF; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1• THAT THE CITY MANAGER BE, AND HE IS HEREBY,
AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF
CORPUS CHRISTI, A CONTRACT FOR GRANT TO ACQUIRE AND/OR DEVELOP LAND FOR
OPEN -SPACE PURPOSES UNDER TITLE VII OF THE HOUSING ACT OF 1961, AS
AMENDED, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART
HEREOF.
SECTION 2. THE NECESSITY TO IMMEDIATELY EXECUTE THE AFORESAID
CONTRACT IN ORDER THAT THE PROJECT TO ACQUIRE AND/OR DEVELOP LAND FOR
OPEN -SPACE PURPOSES WITHIN THE CITY OF CORPUS CHRISTI 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 EMERGENCY AND NECESSITY TO EXIST,
AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS
ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE
EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT
IS ACCORDINGLY SO ORDAINED, THIS THEE DAY OF SEPTEMBER, 1969.
ATTEST:
//"I� 'e-, , - -
CI Y SE RE RY t R
APPROVED: THE CITY OF CORPUS CHRISTI, TEXAS
/%//.' DAY OF SEPTEMBER, 1969:
�iL1Z4 -C TY ATTORNEY
9189
UNITED STATES OF AMERICA
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
CONTRACT FOR GRANT TO ACQUIRE AND /OR DEVELOP LAND FOR OPEN -SPACE PURPOSES
UNDER TITLE VII OF THE HOUSING ACT OF 1961, AS AMENDED
PART I
Project No. Tex OSC -35
Contract No. Tex OSC -35(G)
THIS AGREEMENT, consisting of this Part I and the Terms and Conditions
(Form HUD- 3180b, dated 6 -69) forming Part II hereof (which Parts, together,
are herein called the "Contract "), effective on the date hereinbelow set out,
by and between the City of Corpus Christi, Texas (herein called the "Public
Body ") and the United States of America (herein called the "Government "),
WITNESSETH:
In consideration of the mutual covenants, promises, and representations
contained herein, the parties hereto do agree as follows:
SEC. 1. PURPOSE OF CONTRACT
The purpose of this Contract is to provide Federal financial assistance
to the Public Body in the form of a grant of Federal funds (herein called the
"Grant ") under Title VII of the Hoaeing Act of 1961, as amended, for the purpose of
and to state the terms and conditions under which such assistance will be extended.
SEC. 2. THE PROJECT
(a) The Public Body agrees to undertake, carry out, and complete the
acquisition of fee simple title in and development of that certain land located
in the City of Corpus Christi,County of Nueces, and State of Texas, and more
generally described as follows:
SEE ATTACHMENT, A
The Public Body agrees to develop the land in the following manner and
with improvements described:
Boat launchings, fishing piers, beach-picnic areas,
scenic parking outlooks.
(b) The Public Body agrees to retain said land, as developed, for
permanent open -space purposes, and the open -space use or uses of said land
shall be for park and recreational purposes, conservation of land and other
natural resources, or historic or scenic purposes.
SEC. 3 THE GRANT
In order to assist the Public Body in carrying out the Project, the
Government agrees to made a Grant (in an amount equal to 50 percent of the
actual cost of the Project, or in the amount of $498,490.00, whichever is
less).
SEC. 4 RELOCATION GRANT
NONE
SEC. 5 TIME OF PERFORMANCE
The Public Body agrees that it will:
(a) Complete the acquisition of the open -space with 18 months following
the date of approval of the Application.
(b) Initiate the development activities contemplated under this Contract
within 6 months after completion of acquisition of the open -space land, or within
6 months after approval of the Application for the Grant payable hereunder, whichever
is later, and that it will complete such development activities within a reasonable
period of time thereafter, now estimated to be 36 months.
SEC. 6 COUNTERPARTS OF THE CONTRACT 4
This Contract may be executed intwo counterparts, each of which shall be deemed
to be an original, and such cuuuLniya ,,to shall - - -- -- „.__ '_ ^_d rho camp instrument.
IN WITNESS WHEREOF, the Public Body has caused this Contract to be duly
executed in its behalf and its seal to be hereunto affixed and attested; and,
th G reafter, the Government has caused the same to be duly executed in its behalf this
19
PLEASE DO NOT FILL 19 THE DATE
CITY Op CORPUS CHRISTI, TEXAS
ATTEST: By �Gr�
R. MARVIN TowNSEND
J CITY MANAGER
T. RAY KRING (Type or Print Name)
CITY SFCRET6RY /
(Title -; �"'3I -, 4 i.
APPROVED: 4;l%? 6� '-L- UNITED STATES OF AMERICA
'_'• DAY OF SEP,EFIBER .1 9: SecretAry of Housing and Urban Development
!
T RNEY 'yCIL C.° By
Jf Assistant Reg'ona Administrator for
,/ L� Metro olitan �eve�opmen2, Region V`
BAYFRONT PARR SITES NO. 2
CURRENT LEGAL DESCRIPTION OF PARCELS
VACANT PROPERTIES AS OF
August 12, 1969
Attachment A
Parcel 8: John H. Yockem
102.79' Ocean Drive frontage.
All that.tract of land 102.79 feet wide lying between Ocean Drive
and Corpus Christi Bay and lying immediately in front of a tract
of land which is a portion of Lot 2, Block 8, of Port Aransas Cliffs
Addition to the City of Corpus Christi, Texas, as shown by the Map
thereof recorded in Volume A, Page 27, Map Records of Nueces County
Texas, and being the Eastern portion of a tract of land conveyed to
G. W. Little by T. T. Elliott and wife by deed deeded August 17, 1908
and recorded in Volume 38, Page 543, Deed Records of Nueces County,
Texas. Said tract is also commonly known as the eastern portion of
Lot 2, Block 8 of the Matt Dunn Subdivision.
Parcel 9: Conrad M. Blucher
205.58' Ocean Drive frontage.
All that tract of land lying northeast of Ocean Drive between Ocean
Drive and Corpus Christi Bay and directly opposite Lot A, Sunrise
Terrace Addition as shown by the map thereof recorded in Volume 19,
Page 43, Map Records of Nueces County, Texas. Said Addition is a
subdivision of a tract of land commonly known as Lots 3 and 4 in
Block 8, Matt Dunn Subdivision.
Parcel 10: W. R. Hubler
173.1' Ocean Drive frontage.
Tract 1:
All of that tract of land lying northeast of Ocean Drive directly
opposite the below described tract, and between Ocean Drive and
Corpus Christi Bay, the north and south 'boundaries of such tract
to be determined just as though the most northerly boundary line
r� of the below described tract of land and the most southerly bound -
ary, line of the below described tract of land had been extended
from the east boundary line of Ocean Drive to Corpus Christi Bay,
SAVE and EXCEPT that portion conveyed by QCD 8 -17 -67 from W. R.
Hubler at ux to City of Corpus Christi recorded in Volume 124715
Deed Records, Nueces County, Texas and containing 295.69 sq. feet.
REFERENCED DESCRIPTION:
1. Being a portion.of what -is com,-nonly kno:m as the Harney 1000
acre tract, about two and one -half miles south of the Plueces County
Courthouse, and more particularly described as follows, to -wit:
Beginning at a Fine stake 205.58 feet S. 44 0 34' E. from the Eastern
corner of a tract of land conveyed by Matthew Dunn and Laura Dunn
to T. T. Elliott, as of record in Vol. 23, page 491/493, deed records
1
of Nueces County, for the northern corner of this survey. Thence
+ S. 44 34' E. 22.98 feet to a pine stakg for a corner of this sur-
vey. Thence curve to the right with 46 03' curve 67.46 feet to a
pine stake for a corner of this survey. Thence curve left with
250 32' curve 11.5 feet tooa pine stake for the Eastern corner of
this survey. Thence S. 58 50' W. 308.06 feet to a pine stake for
the Southern corner of this survey. Thence N. 440 34' W. 102.79
feet to a pine stake for the western corner of this survey.
? Thence N. 580 50' E. 332.23 feet to the place of beginning.
`. Tract II
Being a portion of Block 12, Bessar Park, an addition to the City
�• of Corpus Christi, Texas, according to plat recorded in Vol. 6,
Page 38, Map Records, Nueces County, Texas and being more particularly
described as follows, to -wit: Being that portion of Block 12, being
seventy (70) feet wide, and lying between the North boundary line of
said Block 12, and the South or Southeast boundary line of the below
described tract, extended to Corpus Christi Bay, SAVE and EXCEPT that
portion conveyed by QCD 8 -17 -67 from W. R. Hubler at ux to City of
Corpus Christi recorded in Volume 124715 Deed Records, Nueces County,
Texas and containing 295.69 Sq. feet.
REFERENCED DESCRIP'T'ION:
1. Being a portion of Block 11, Bessar Park Addition to the City of
Corpus Christi Nueces County, Texas, and being more particularly des-
, cribed as follows:
Beginning at the North or Northeast corner of Block Eleven, Thence in
a Southwesternly direction along the North line of said Block 11, approx-
imately 309.08 feet to the West corner of 'said Block 11, -same being on
the East- b-_, .,a_r.. lino of Denver Avenue for the dust nr NnrY.hw�et corner
___.. .,....._ __.__ -.vim _____ __ Denver Avenue ___ ____ __-
of this tract,
{ Thence in a Southeasterly direction along the Eastern boundary line of
Denver Avenue, and. the Western boundary line of said Block 11, 75 '
to a point for the South or Southwest corner of this tract;
Thence in a Northeasternly direction along a line parallel to the North
line of said Block 11, and 75' distant therefrom approximately 176.08'
to a point,
Thence in a Northwesternly direction on a line parallel with the Western
s boundary line of Block 11, 5' to a point,
s ,
Thence in a Northeasternly direction along a line parallel to the North
line of said Block 11 and 70' distance therefrom to a point on the West
line of Ocean Drive for the East or Southeast corner of this tract,
! Thence in a northerly direction along the West line of Ocean Drive and
4...
the East line of said Block 11, to the place of beginning.
Said tract is sometimes known as, and is shown by Bracy's Block Maps of
the City of Corpus Christi, as Lot C. Block 12, Bessar Park Addition.
i
' a).... � :.< .'�- -'�. act.— �.- � +__,a __� 1 •--la _ _ r .. _ _ A,_ s ... �_.. � _ __
Parcel 11: Estate of Frank Cech
195.2' Ocean Drive frontage.
Being a portion of Block 12, Bessar Park, an addition to the City
of Corpus Christi, Texas, according to plat recorded in Vol. 6,
Page 38, Map Records, Nueces County, Texas and being more particul-
arly described as follows, to -wit:
• Beginning at a point in the R. boundary line of Ocean Drive, same
being the SW corner of a tract heretofore conveyed to A.Albert
Lichtenstein by deed recorded in Volume 247, Page 445, Deed Records,
Nueces County, Texas, for the Ned corner of this tract; Thence N.
580 54' E. along and with the S. boundary line of said Lichtenstein
tract a distance of approximately 165 feet to a point in the water-
line of Corpus Christi Bay, same being the SE corner of said
Lichtenstein tract, for the NE corner of this tract; Thence in a
Southeasterly direction along and with the meanders of said water-
line of said Corpus Christi Bay to a point, said point being the
intersection of the center line of Oleander Ave. extended and the
water line of Corpus Christi Bay for the Southeast corner of this
tract; Thence in a Westerly direction along the center line of
Oleander Ave. extended to a point, said point being the intersection
of the center line of Oleander Ave. and the E. boundary line of
Ocean Drive for the SW corner of this tract; Thence in a North-
westerly direction, along and with the E. boundary line of Ocean
Drive as shown by said plat, to the place of beginning, SAVE and
EXCEPT that portion conveyed by QCD 8 -30 -67 from Frank Cech to
City of Corpus Christi recorded in Volume 1233 Page 360 Deed Records,
Nueces County, Texas and containing 2187 Square feet.
�eiu LracL is svuieLimes referred Lu and is. shown by Braury'8 Bioe;R
Maps of the City of Corpus Christi as a portion of Lot B, Block 12,
Bessar Park Addition.
Parcel 12: John J. Pichinson
130.53' Ocean Drive frontage.
Being a portion of Block Twelve (12), Bessar Park Addition to the
City of Corpus Christi, Nueces ' County, Texas, as shown by the map or
plat of this addition on file in the office of the County Clerk of
Nueces County, Texas, and being more particularly described as
follows:
Beginning at a point in the southern boundary line of a tract of
land conveyed to Marion Hill McArdle by deed recorded in Volume 241,
Page 80, of the Nueces County Deed Records being the point of inter-
section of the center line of Oleander Avenue, extended, and the
eastern boundary line of the right of way of Ocean Drive, for the
northwest corner of this tract;
Thence North 58 deg. 54t East to the shoreline of Corpus Christi
Bay for the northeast corner of this tract;
Thence in a southerly direction with the meanders of Corpus Christi
Bay to a point, being the intersection of the meanders of Corpus
^t
saod Bessar Park Addition, for the southeast corner of this tract;
Thence south 45 deg, west along the,southern boundary line of said
Block Twelve (12) to a point in the eastern boundary line of the
right of way of Ocean Drive, this point being the southwest corner
of said Block Twelve (12), and the southwest corner of the land
here described;
Thence in a northernly direction along the eastern boundary line of
the right -a -way of Ocean Drive and the western boundary of said Block
Twelve (12), for a distance of 130' more or less, to the place of
beginning;
Said tract is sometimes,.referred to and is shown by Brace
y's Block
Maps, of the City of Corpus Christi as a portion of Lot A, Block
122 Bessar Park Addition.
Parcel 13: James Vincent Rossi
150' Ocean Dri--e frontage.
Being Lot "B ", Chandler Addition to the City of Corpus Christi,
Nueces County, Texas, according to an unrecorded map of said sub-
division, being more particularly described as follows:
Beginning at a point at the intersection of the Eastern Boundary line
of Ocean Drive and the Northern boundary line of the Sidney P. Chandler
Subdivision of the H. H. Harrison 13.21 acre tract of land;
Thence North 45 degrees East 172.99 ft. to a point at the edge of the
waters of Corpus Christi Bay;
Thencc no,: h-rly WI Lu Lhe meanderings of the shoreline of Corpus Christi
Bay a distance of 150 feet, more or less, to a point, said point being
the northernmost corner of Lot A of the &aid Chandler Addition, said
Lot A being more fully described in a deed from Ed. P. Williams to
Oliver Bird, filed for record in Vol. 431, page 436 of the Deed Records:
of Nueces County, Texas;
Thence South 45 degrees west 177.50 feet to a point in the Eastern
boundary line of Ocean Drive;
Thence North 44 degrees 30 minutes 15 seconds ['Test 150 feet to the
place of beginning.
Parcel 14: Norman Foster
150' Ocean Drive'frontage.
Lot A, Sidney P. Chandler Subdivision of the City of Corpus Christi,
Texas, as shown by the map or plat thereof recorded in Volume 32,
Page 119, Map Records of Nueces County, Texas.
f
Parcel 15: L. W. 0. Janssen
75' Ocean Drive frontage.
Being a part of the Matt Dunn Tract in the Original W. S. Harney
1000 acre tract and being a portion of that certain 8 acre tract
of land described in deed dated 3-5-45 from E. A. Showers, Trustee
et al to L. W. 0. Jassen recorded Vol. 308 Page 507, Deed Records
Nueces County, Texas and being described as follows:
Beginning at the intersection of the Northwest line of said 8 acre
tract and the Northeast line of Ocean Drive; Thence S. 440 29' 35"
E. along the Northeast.Boundary line of Ocean Drive 75' more or less
to the Northwest boundary line of a tract designated "Private Park"
as shorn by plat of Los Amigos Subdivision of record in Volume 11,
Page 56, Nueces County, Texas Map Records for a corner of this tract;
Thence N. 450 OJ' E. along the Northwest boundary line of said "Private
Park" to a point on the Shoreline of Corpus Christi Bay for a corner
of this tract; Thence in a Northwesterly direction with the meanders'
of Corpus Christi. Bay to a point intersecting the Northwest line of
said 8 acre tract for a corner of this tract; Thence S. 450 00' W.
along the Northwest boundary line of said 8 acre tract to the place
of beginning.
Parcel 16: Richard M. Kleberg, Richard M. Kleberg, Jr., M. Harvey Weil and
John C. North, Trustees.
415.18' Ocean Drive frontage.
Being a part of the Matt Dunn tract in the Original W. S. Harney
1000 acre tract and being the tract of land designated "Private Park"
as shown by plat of Los Amigos Subdivision of record in Volume 11
Page 56, Nueces County, Texas, Map Records.
Parcel' 17: Hans E. Heyman
195.32' Ocean Drive frontage.
Lots 17 and 18, Beekman Place, a subdivision of the City of Corpus
i Christi, Texas, as shown by the map or plat thereof recorded in
Volume 19, Page 76 of the Map Records of Nueces County, Texas.
Parcel 19: First Baptist Church of Corpus Christi
164.04' Ocean Drive frontage.
- A.
A portion of the td. S. Harney 1000 acre tract and being also a part
of that certain tract of land conveyed by Matt Dunn at ux to M.
-Peterson and wife, M. L. Peterson by deed dated April 18, 1925 as
same appears of record in Vol. 155, Page 353, Deed Records of Nueces
County. - Texas, and being the same property description in that certain
deed from M. Peterson et ux to M. J. Perkins of December 12, 19313
recorded in Vol. 202, Page 238, Deed Records of Nueces County, Texas,
S said tract being located within the corporate limits of the City of
" Corpus Christi, Texas, and more particularly described by metes and
bounds as follows, to-wit:
Beginning at an iron bar set in the Northeast• boundary line of
-Ocean Drive, herein considered as having a right of way 100 feet
in width at the point of intersection of said line and the South-
east boundary line of the M. Paterson et ux tract, as described
in the deed noted first above, the same being the most southerly
corner of the said M. J. Perkins tract and the most westerly
corner of tract #-1 or First Tract as described in that certain
deed from Ross A. Wagner et ux to W. N. Parr et ux of 2/21/49
which was filed for record in the office of the County Clerk of
Nueces County, Texas on 2/21/49 under Clerk's file number 274556
for the most southerly corner of this tract; Thence, N. 44 deg.
30' W. along said Northeast boundary line of Ocean Drive, herein
copsidered as having a 100 ft. right of way, as aforementioned, a
distance of (72) feet to a point in the same for the most westerly
corner of this tract, the same being also the most southerly corner
of that certain tract of land conveyed by H. Y. Evans to Paul J.
i Hendricks et ux by deed of record in Vol. 372, Page 343, Deed
Records of Nueces County, Texas; Thence, N. 45 deg. E. along the
Southeast boundary line of the said Paul J. Hendricks et ux tract,
a distance of 199.8 feet m/1 to a point in the margin of Corpus
Christi Bay, the most easterly corner of the said Paul J. Hendricks
et ux tract for the most northerly corner of this tract-; Thence,
in a southeasterly direction along the meanders of the margin of
Corpus Christi Bay to a point in the same which bears N. 45 deg. E.
from the place of beginning of the tract herein described as here-
inabove located for the most easterly corner of this tract, the
same being also the most northerly corner of the said W. N. Parr
et ux tract; Thence, S. 45 deg. W. among the Northwest boundary
line of the said I•I. N. Parr et ux tract, a distance of 199.48 ft,
m /1, to the place of beginning, together with all the right, title
and and interest of the Grantors herein in "and to that certain
tract of land bounded on the F. ant W_- by the bo
line of the tract hereinaoove described and the present Northeast
boundary line of Ocean Drive and on the North and South by the
extended Northwest and Southeast boundary lines of the tract here-
inabove described, the same being a strip of land 20 feet in width
and having formerly been a part of the right of way for Ocean Drive.
Being the land described in deed from M. J. Perkins and wife, Emma
Perkins, to W. I.I. Parr and wife, Gladys Lucile Parr, dated 3/10/49
and recorded in Vol. 424, Pages 226 -229, Deed Records of Nueces
County, Texas.
B.
Being a portion of the W. S. Harney 1000 acre tract, located in the
City of Corpus Christi, Texas and being a portion of that certain
tract conveyed by Matt Dunn et ux to John P. Wagner by deed dated
4/7/25 recorded in Vol. 153, Page 360, Deed Records of Nueces County,
Texas, the portion herein conveyed being more particularly described
by metes and bounds as follows, to -wit;
FIRST TRACT; Commencing at an iron box located at the most southerly
corner of the said John P. Wagner tract, -which part is in the Northeast
boundary line of Santa Fe Street and bears N. 31 deg. 06' W. along said
dine a distance of 211.63 ft. from the westerly corner of the
Christian Evanson 5 acre tract; Thence, N. 45 deg. 00' E. along
•
the Southeast boundary line of the said John P. Wagner Tract, the
same being also the Northwest boundary line of that certain tract
of land conveyed to Phoebe B. Marshall by deed of record in Vol.
177, Page 25, Deed Records of Nueces County, Texas, a distance of
1979.54 ft, to an iron bar set in the Northeast boundary line of
Ocean Drive regarded as having a right of way 100 ft. wide, for
•
the most southerly and beginning corner of this tract; Thence,
N. 44.deg, 30' W. along said Northeast boundary line of Ocean
Drive 100 ft. pride, a distance of 92.04 ft. to an iron bar set
in the same for the most westerly corner of this tract; Thence,
N. 115 deg. 00' E. a distance of 196 ft. m/l to a point in the
shore line of Corpus Christi Bay, for the most northerly corner
of this tract; Thence, in a southeasterly direction along the
meanders of the shoreline of Corpus Christi Bay to a point in
the same which bears N. 45 deg. 00' E. from the point of beginn-
ing and most southerly corner of the tract herein described, the
most northerly corner of the said Phoebe B. Marshall Tract, for
the most easterly corner of this tract; Thence, S. 45 deg. 00'
W. along the aforementioned Northwest boundary line of'the Phoebe
B. Marshall Tract a distance of 199.48 ft., m/l, to the place of
beginning
SECOND TRACT: All that certain tract or parcel of land lying
betwreen the extended Northwest and Southeast boundary lines of
Tract No. 1 above described, and betreen the original East boundary
line of Ocean Drive, and the present E. boundary line of said Ocean
Drive.
The above described two tracts comprise all that portion of the said
_r h P. ?:cgncr tract whicll lies E. of the present E. line of Ocean
Drive, it being the intention of the parties hereto that this deed
shall convey all of said John P. Wagner tract lying E. of said E.
line, but, none of said tract lying W. of said E. line.
Being the land described in deed from Ross A. Wagner and wife, May
Dunn Wagner, to W. N. Parr and wife, Gladys Lucile Parr, dated
February 21, 1949 and recorded in,Vol. 421, Pages 395 -398, Deed
Records of Nueces County, Texas.
Parcel 20:
First Baptist Church of Corpus Christi
205.44' Ocean Drive frontage.
Lot 3, First Baptist Church Tract, an addition to the City of Corpus
Christi, Texas, as shown by the map thereof recorded in Volume 21,
-.
Page•87 of the Map Records of Nueces County, Texas
BAYFRONT WLRY ST -TES 110. 3
CUMIUMU LEsAL DESCRIPTION CF FARCELS
VACANT RIMRT S AS OF
Jut f 15, 1969
Parcel 20 -A: Faye Taylor
138.36 feet Ccean Drive frontage-
A tract of land ly— i_:_acdiately East of 'Lots 29, 30, 31
and 32, MOCK 15, Pcrt Aransas Cliffs Addition to the City
of Corpus GLristi, Texas, as sho-,m by the map recorded in
Volume A, Page 27, .£ap Records of Nueces County, Texas.
Said property is sometimes referred to and is shot-in by
Bracey's Block Llaps of the City of Corpus Christi, as Lot
G. Alta Vista Cliffs Addition.
Parcel 21: George Taylor
106.43 feet Ocean Drive frontage.
A tract of land lying East of Lots 25, 26, 27 and 28,
Block 2.5, Port Ar ?nsas Cliffs Addition to the City of
Corpus Christi, Texas as shown by the map recorded in
Volume P_, Page 27, Map :Records of 5iuecas County, Texas.
Said property is sometimes referred to, and is shmzn by
Bracey's Block Maps of the City of Corpus Christi, as
Lot F, Alta Vista Cliffs Addition.
pPrn• l P?- Trnrman Fp'qter and. ..-i fe ?.Piro el L- Poster
106.43 feet Ocean Drive frontage.
A tract of '_and lying East of Ocean .Drive Lying irmediately
east of Lots 21, 22, 23 a 24, Block.. 15, Port Aransas Cliffs
Addition to the City of Corpus Christi, Texas, as sho n by
map recorded ?n Volume A; Page 27, map records of Nueces
County, Texas. Said property is sometimes referred to,
and is shorn on Bracey's Block Liaps of the City of Corpus
Christi, as Lot E, Alta Vista Cliffs Addition.
Parcel 23: J. Don Cable
106.43 fee. Ocean Drive frontage.
A tract of laud lying =ediately East of Lots 17 th-rouah
20, Block 15, Port Pransas Cliffs Addition to the City of
Corpus Christi, Texas according to the map recorded in
Volume A, Page 27, i•I=_p Records of Nueces County, Texas;
Such property being sometimes referred to and known as
Lot D, Block 15 -A, Port Aransas Cliffs. Property is also
referred to, a ,-4 shorn by 3racey's Bloc- flaps of the City
of Corpus Ch,•ioti, as Lot D, P1ta Vista Cliffs Addition.
Parcel 24: David S. Mlendlowitz and wife, Kay Mendlowitz
106.36 feet Ocean Drive frontage.
Lot C, Block 15 -A, Port Aransas Cliffs, being a replat of
Lots 13 through 16 and Lots 49 through 52, Block 15, Port
Aransas Cliffs, as shown by the map thereof recorded in
Volume A., Page 26, Map Records of ?iueees County, Texas and
a portion of Alta Vista Cliffs as sho:m by the man recorded
in Volume 4, Page IL, Map Records of Nueces County, Texas,
wraith replat is of record in Voiure 30, Page 21, Map Records
of Nueces Co nty, Texas. Said property is sometimes referred
to, and is shown by Bracey's Block Maps of the City of Corpus
Christi, as Lot C, Alta Vista Cliffs Addition.
Parcel 25 -A: E. N. Fulghum, Jr., and Paul Hamon
106.43 feet Ocean Drive Frontage.
A tract of land lying im-ediately East of Lot "B" of a replat
of Lots 5 and 6o and ali of Lots 6 through 12, and Lots 53
through 59, Block 15, Port Aransas Cliffs Addition to the City
of Corpus Christi, Texas, as shown by map recorded in Volume
27, Page 44, MaD Records of Nueces County, Texas. Said property
is the north one -half of a tract that is sometimes referred to,
and is shorn by Bracey's Block Naps of the City of Corpus Christi,
as Lot B. Alta Vista Cliffs Addition.
a,,.,.e . o..
o5_a.. I v.........
y 106.43 feet Ocean Drive frontage.
A tract of land lying immediately East of Lot A of a replat of a
portion of Lobs 5 and 60 and all of Lots 6 through 12, and Lots 53
through 59, Block 15, Port Aransas Cliffs Addition to the City of
Corpus Christi, Texas as shown by map recorded in Volume 27, Page
44 of the hap Records of Nueces County, Texas. Said property is the
South one -half of a tract that is sometimes referred'fO, and is
shown by Bracey's Block Mans of the City of Corpus Christi, as Lot
B, Alta Vista Cliffs Addition.
Parcel 26: W. F. Seeger and Edith Seegar
108.36 feet Ocean Drive frontage.
Tract A East of Block 15, Port Aransas Cliffs Addition to the City
of Corpus Christi, Texas, as shown by map recorded in Volume A,
Page 27 of the Map Records of Nueces County, Texas. Said tract
is immediately east of Lots 1 through 4, Block 15, Port Aransas
Cliffs and is sometimes referred to, and is shorn by Bracey's
Block mans of the City of Corpus Christi, as Lot A, Alta Vista
Cliffs Addition.
BAYFRO'. PARK SITES N0. 4
CURRENT 1EGA1, DESCRIPTION Or PAP.CEI,S
VACANT PROEM= AS OF
July 15, 1969
Parcel 30: Fred Flato
342.09 feet Ocean Drive frontage.
Lots 5 and 6. Block 4, Cole Place, an addition to the
City of Corpus Christi, Texas, as shown by the map
thereof recorded in Volume 11, Page 57 of the Map
Records of Nueces County, Texas.
Parcel 31: E. B. Cole Estate
60.02 feet Ocean Drive :"ronta3e.
Lot 4, Block 4, Cole Place, an addition to the City
of Corpus Christi, Texas, as shoim by the map thereof
recorded in Volume 11, Page 57 of the Map Records of
Nueces County, Texas.
Parcel 32: 0. D. Edwards and wife, Pattie W. Edwards
-166.04 feet Ocean_ Drive frontage.
Lot 3, Block 4, Cole Place, an addition to the City
of Corpus Christi, Texas, as shown by -map thereof
recorded in Volume 11, Page 57, of the Map Records
of Nueces County, Texas.
Parcel 33: 0. D. Edwards and wife Pattie W. Edwards
166.04 feet Ocean Drive fronta,;e.
Lot 2, Block 4, Cole Place, an addition to the City
of Corpus Cnristi, Texas, as shown by tr_e map thereof
recorded in Volume 11, Page 57 of the map records of
Nueces County, Texas.
Parcel 34: May Dougherty Carr
196.04 feet Ocean Drive frontage.
Lot 1, 51ock 4, Cole Place,.an addition to the City of
Corpus Christi, Texas, as shown by the map thereof
recorded in Volume 11, Page 57 of the Map Records of
Nueces County, Texas.
The -Dove aarcels have been checked as to current status and conform to original
application as to individual parcels except some minor variances in the description.
The above amended description should reconcile these discrepancies.
W. A. Eill) Roberts, Realtor, A_ praiser
A.
i
I
I
Parcel 27: John B. Peterson and irife, Thelma Laverne Peterson
120 feet Ocean Drive frontage.
Lot 1, Block 2, Alfa Vista Cliffs Addition to the City of
Corpus Christi, Texas according to map recorded in VolIzie
4, Page lL, :'ap Racords of i,aeczs County, Texas ar_d a tract
of land 30 feet hide, more or less, and being adjacent to
and adjoining the north side of Lot 1, Block 2, Alza Vista
Cliffs.
The above parcels have been checked as to current status and conform to
original application as to i:.dividual parcels except some minor variance
in the description. The above amended descripticn shculd reconcile these
discrepancies.
W. A. Bill Roberzs, Realtor, Appraiser
Donald A. Cars, ReP F3 -ar.e A- )m-aic
DATE:
July 15, 1969
r
BAYFROWT PAPK SITES NO. 5
CURRENT LEGAL DESCRIPTICN R RCELS
VACANT PROPERTIES AS OF
July 18, 1969
Parcel 35: Binford Arney
180.25 feet Ocean Drive frontage.
Lot 16 -B, Bloc's 7, South Shore Estates, Unit I, an
Addition to the City of Corpus Christi, Texas, as
shown by the map thereof recorded in Volume 22,
Page 59 of the Map Records of Nueces County, Texas.
Parcel 36: F. W. Heldenfels, Jr.
170 feet Ocean Drive frontage.
Lot 15 -B; Block 7, South Shore Estates,TJnit I, an
Addition to the City of Corpus Christi, Texas, as
shown by the map thereof recorded in Volume 22,
Page 59 of the Map Records of Nueces County, Texas.
Parcel 37: H. C. Helderfels and wife, Hazel N. Helderfels
210 feet Ocean Drive frontage.
Lot 14 -B, Block 7, South Shore Estates,Unit I, an
Addition to the City of Corpus Christi, Texas, as
shown by the man thereof recorded in Volume 22,
Page 59, of the map records of Nueces County, Texas.
Parcel 38 -F: May Dougherty Carr
342.28 feet Ocean Drive frontage.
Lots 14 -A and 15 -A, Block 10, South Shore Estates,
Unit 1, a:, Aadiuion uo .he uity of corpus Christi, Texas,
as shown Lod the map thereof recorded in Volume 22, Page
59 of the Sap Records of Ptaeces County, Texas.
Parcel 39 -E: James D.. Peterson and :-rife, Heather McFarlin Peterson
170 feet Ocean Drive frontage.
Lot 16 -A, Block 10, South.Shore Estates, an addition
to.the City of Corpus Christi, Texas, as shown by the
map thereof recorded in Volume 22, Page 59 of the Map
Records of Nueces County, Texas.
Parcel 40 -D: South Shore Estates Association, Inc.
340 feet Ocean Drive frontage.
Lots 17 -P_ and 18 -A, Block 10, South Shore Estates, Unit I,
an addition to the City of Corpus Christi, Texas, as shown
by the map thereof recorded in Volume 22, Page 59 of the
Map Records of Nueces County, Texas.
�1D
Parcel 41 -C: Henny G. Tromm and Robert Lee Otto and wife, Mary Jean Otto
170.43 feet Ocean Drive frontage.
Lots 3 and 4, Block 3, Montclair Addition, an addition to
the City Of Corpus Christi, Texas as shown by the map thereof
recorded in Volume 15, Page 33 of the Map Records of Nueces
.County, Texas.
Parcel 42 -B: Franklin W. Yeager and wife Yvonne Yeager
97.75 feet Ocean Drive frontage.
Lot 2, Block 3, Montclair Addition, an addition to the
City of Corpus Christi, Texas, as shown by the map thereof
recorded in Volume 15, Page 33 of the Map Records of Nueces
County, Texas.
Parcel 43 -A: Hal Les, Trustee
72.68 feet Ocean Drive frontage.
Lot 1, Block 3, Montclair Addition, an addition to the
City of Corpus Christi, Texas, as shown by the map recorded
in Volume 15, Page 33 of the Map Records of Nueces County,
Texas,
Parcel 44 -A: Maurice Hunsaker and Trudy Hunsaker
165.27 feet Ocean Drive frontage.
Lot 1, Block A. Surfview Estates, Unit I, an addition to
the City of Corpus Christi, Texas, as sho::.n by the map
thereof recorded in Volume 23, Page 060 of the Map Records
of Nueces County, Texas.
Parcel 45: Estate of J. W. Bailey
SSOO An4 9r00 Block Ocean n 7
526.41 feet Ocean Drive frontage.
Being out of the Southeast portion, of Lot 6 in Section 15 of the
Flour Bluff and Encir_al Farm and Garden Tracts, of record in
Volume A Pale 43 Plueces County, Texas, Map Records, said tract
of land being more particularly described by metes and bounds as
follows, to -wit:
Beginning at a 3/4° iron pipe set for the intersection of the
Westerly right of Bray line of Palmetto Street and the Southerly
right of way line of Ocean Drive,
Thence cross Ocean Drive with the projection of said Westerly line
of Palmetto Street N. 290 E a distance of 80.20 feet to its inter-
section with the Northerly right of way line of Ocean Drive,
Thence with said northerly line of Ocean Drive, DI. 560 54, W a
distance of 25 feet to a point for the point of beginning of the
tract herein being conveyed,
Thence continuing with said Northerly right of way line of
Ocean Drive N. 560 54, W a distance of 526.41 feet to a point
for the most Westerly corner of this tract,
Thence N. 290 E to a point in the shoreline of Corpus Christi
Bay for the North corner of this tract,
Thence in a Southeasterly direction along the meanders of the
shoreline of Corpus Christi Bay a distance of 550 feet more
-or less to a point that is N 29° E from the Northeast corner
of a tract conveyed to Bolivar J. Depena-by W. B. Lee, Trustee,
recorded in Volume 1062, page 114, of the Deed Records of
Nueces County, Texas,
Thence S. 29° W to the Northeast corner of said Bolivan J. Depena
tract for a corner of this tract,
Thence S 810 46, W a distance of 31.32 feet for a corner of this
tract,
Thence S 29 W a distance of 39.26 feet to the place of beginning.
The above parcels have been checked as to current status and conform to original
individual parcels except sore minor variances in the description.' The above
amended description should reconcile these discreDancies.
X. A. Bill Roberts, Re tor, Appraiser
Donald A. Carr, Real state Appraiser
DATE: July 18, 1969
CITY'O' CORPUS CHRISTI, •' tXAS
MR. R. MARV IN TOWNSEND
CITY MANAGER
P. 0. Box 1622
CORPUS CHRISTI, TEXAS 78+03
DEAR SIR:
I HAVE EXAMINED THE PROPOSED CONTRACT FOR GRANT TO ACQUIRE OPEN- / 1
SPACE LAND HEREIN CALLED THE ((CONTRACT((), IDENTIFIED AS CONTRACT "r (' )�= •3�C`J J
TO BE ENTERED INTO BETWEEN YOURSELF AND THE UNITED STATES OF AMERICA. I
HAVE ALSO EXAMINED THE TWO COUNTERPARTS OF THE CONTRACT.
I HAVE FURTHER EXAMINED THAT CERTAIN ORDINANCE ADOPTED BY YOU ON
SEPTEMBER 17, 1969, WHEREIN THE EXECUTION OF THE CONTRACT WAS AUTHORIZED.
I HAVE MADE APPROPRIATE INQUIRY AND i AM SATISFIED THAT SAID
ORDINANCE IS STILL IN FULL FORCE AND EFFECT, THAT THERE IS NO PENDING OR
THREATENED LITIGATION (EITHER IN FEDERAL OR STATE COURTS) CHALLENGING YOUR
AUTHORITY TO ENTER INTO THE CONTRACT, AND THAT NO LEGISLATION (EITHER STATE
OR LOCAL) HAS BEEN ENACTED WHICH AFFECTS YOUR POWER OR AUTHORITY TO ENTER
INTO THE CONTRACT AND CARRY OUT THE PROGRAM SET OUT THEREIN.
I AM,THEREFORE, OF THE OPINION THAT YOU ARE AUTHORIZED TO ENTER
INTO THE CONTRACT, THAT IT HAS BEEN EXECUTED A$ AUTHORIZED BY SAID ORDINANCE
AND BY LAW, AND THAT, WHEN THE CONTRACT HAS BEEN EXECUTED BY THE GOVERNMENT,
IT WILL CONSTITUTE A VALID, BINDING, AND LEGAL AGREEMENT BETWEEN YOURSELF
AND THE GOVERNMENT.
1. M. SINGER
CITY ATTORNEY
MAYOR
JACK P. BLACNMON
.p[�
CITY MANAGER
R, MARVIN TOWNSEND
CITY COUNCIL
J
CITY SECRETARY
T. RAY NRING
OABE LOZAND. sP.
I
FFICF
CITY O6S
Cl
V. A. ICK" BRADLEY, JR.
NOOARDO E. O ASES
EN MCOANIELE
W. J. "WRANGLER" ROBERTS
RON NIE SIZEMOPE
SEPTEMBER 26, 1969
S02 6NORELINE
DUTH
b,
PD T DPF "B lao�
PHONE (31 0 1 •3 11
ZIP CODE TB 0019
MR. R. MARV IN TOWNSEND
CITY MANAGER
P. 0. Box 1622
CORPUS CHRISTI, TEXAS 78+03
DEAR SIR:
I HAVE EXAMINED THE PROPOSED CONTRACT FOR GRANT TO ACQUIRE OPEN- / 1
SPACE LAND HEREIN CALLED THE ((CONTRACT((), IDENTIFIED AS CONTRACT "r (' )�= •3�C`J J
TO BE ENTERED INTO BETWEEN YOURSELF AND THE UNITED STATES OF AMERICA. I
HAVE ALSO EXAMINED THE TWO COUNTERPARTS OF THE CONTRACT.
I HAVE FURTHER EXAMINED THAT CERTAIN ORDINANCE ADOPTED BY YOU ON
SEPTEMBER 17, 1969, WHEREIN THE EXECUTION OF THE CONTRACT WAS AUTHORIZED.
I HAVE MADE APPROPRIATE INQUIRY AND i AM SATISFIED THAT SAID
ORDINANCE IS STILL IN FULL FORCE AND EFFECT, THAT THERE IS NO PENDING OR
THREATENED LITIGATION (EITHER IN FEDERAL OR STATE COURTS) CHALLENGING YOUR
AUTHORITY TO ENTER INTO THE CONTRACT, AND THAT NO LEGISLATION (EITHER STATE
OR LOCAL) HAS BEEN ENACTED WHICH AFFECTS YOUR POWER OR AUTHORITY TO ENTER
INTO THE CONTRACT AND CARRY OUT THE PROGRAM SET OUT THEREIN.
I AM,THEREFORE, OF THE OPINION THAT YOU ARE AUTHORIZED TO ENTER
INTO THE CONTRACT, THAT IT HAS BEEN EXECUTED A$ AUTHORIZED BY SAID ORDINANCE
AND BY LAW, AND THAT, WHEN THE CONTRACT HAS BEEN EXECUTED BY THE GOVERNMENT,
IT WILL CONSTITUTE A VALID, BINDING, AND LEGAL AGREEMENT BETWEEN YOURSELF
AND THE GOVERNMENT.
1. M. SINGER
CITY ATTORNEY
(GUIDE FORM OF CERTIFICATE TO ACCM1PAb'Y ..ESOLUPION 0171 '0R67IVANCE APPROVING
AND PROVIDING FM-EXECUTION OF A PROPOSED CUMIPACi FOR GR&N-T TO
ACQUIRE AND /OR DEVELOP LAND FOR OPEN -SPACE PURPOSES)
CERTIFICATE
The undersigned hereby certifies that:
1. He is the duly appointed, qualifi6d and acting CITY SECRETARY,
Of THE CITY OF CORPUS CHRISTI
(herein called the "Public 'nody "), and keeper of the records thereof,
including the juurnal ui ics procuedingai
2. The copy of the Resolution or Ordinance annexed hereto entitled:
is a true, correct and compared copy of the original Reaolution or
Ordinance authorizing and approving the execution of a proposed bontract
for Grant to Acquire and /or Develop Land for Open -Space Purposes,,
designated Contract No. , as finally adopted at a
meeting held on SEPTEMBER 17 , I __ �, which was duly
convened in conformity with all applicable requirements; a proper
quorum was present throughout said meeting, and the Resolution or
Ordinance was duly proposed, considered and adopted in conformity with
applicable requirements; and all other requirements and proceedings
incident to the proper adoption thereof have been duly fulfilled,
carried out and otherwise observed. .
3. Said Resolution or Ordinance became (beco= s) effective on the date
therein specified, having previously been signed or approved by any
and all parties, if Any, required by law to so sign or-approve.
4. He is duly authorized to execute this Certificate.
WITNESS my hand and the seal of the Public Body this day of
SEPTEMBER I9 69
( S E A L )
.T. RAY i:Ri G
CITY SECRE TA
(Title)
• Fn'- ^180b
S9)
US. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
OPEN SPACE LAND PROGRAM
CONTRACT FOR GRANT TO ACQUIRE AND /OR DEVELOP LAND FOR OPEN -SPACE PURPOSES
UNDER TITLE VII OF THE HOUSING ACT OF 1961, AS AMENDED
Part I I
Terms and Conditions
SEC. 101. USE OF CERTAIN TERMS
Except where the context clearly indicates otherwise, the following terms, as used herein, shall have the meanings
ascribed to them in this Section:
(A) The capitalized term "Secretary" means the Secretary of Housing and Urban Development or the person
authorized to act on his behalf.
(B) The term "Contract" means this Contract between the Government and the Public Body, and includes Parts I
and II and any additional document or documents incorporated herein by special reference, as well as any amendment.
(C) The term "Application" means the written application for the Grant by the Public Body, including any re-
visions thereto, together with all explanatory, supporting, or supplementary documents filed therewith.
(D) The term "land" means the interest or interests in real property acquired or to be acquired and/or developed by
i the Public Body as set out in Section 2(a) of Part I of this Contract and shall include a fee interest or such lesser interests as
therein contemplated.
(E) The term "Project" means the undertaking and carrying out to completion of the acquisition and /or develop-
- ment of land for open -space uses as set forth in Section 2(b) of Part I of this Contract.
SEC. 102. ACCOMPLISRMENT OF PROJECT
The Public Body will commence and carry out the Project with all practicable dispatch, in a sound, economical, and
efficient manner, in accordance with the Application and the provisions of this Contract, and will initiate and complete the
Project within the time limit specified in Section 5 of Part I of this Contract. Such term may be extended with the written
consent of the Secretary. The Public Body will carry out the Project in compliance with all requirements imposed by or pur-
suant to regulations of the Secretary effectuating Title VI of the Civil Rights Act of 1964 (78 Stat. 241, 252). The Public
Body agrees not to discriminate upon the basis of race, creed, color, or national origin in the program or activity for which the
Public Body receives financial assistance under this Contract. The United States shall be deemed to be a beneficiary of these
provisions both for and in its own right and also for the purpose of protecting the interests of the community and other parties,
public or private, in whose favor or for whose benefit this provision has been provided and shall have the right, in the event of
any breach of this provision, to maintain any actions or suits at law or in equity or any other proper proceedings to enforce
the curing of such breach.
' -1-
(
t.. ,
` WD -31801,
SEC. 103. PROVISIONS RELATING TO ADMINISTRATION
(A) Books and Records. The Public Body will keep full and accurate books and records with respect to all matters
covered by this Contract, including books and records which permit a speedy and effective audit, and will fully disclose:
(1) Adequate title evidence in the form of title policies, Torrens certificates, or abstracts, and attorneys'
opinions relating to the land or interests in land acquired by the Public Body under this Project;
(2) The amount and disposition of both Federal and non - Federal funds which are provided for the Project;
(3) Ali items of cost chargeable or which are proposed to be charged to the total cost of the Project;
(4) Ali Project work and undertakings and all contracts which are entered into by the Public Body pertaining
thereto;
(5) The families, individuals, and business concerns which are displaced in the carrying out of the Project,
the pertinent facts concerning their relocation, and the making of relocation payments therefor; and
(6) All proceedings which are taken by the Public Body with respect to any of the preceding items in this
Section.
(B) Inspections and Audits. The Public Body will, at any time during normal business hours, and as often as the
Secretary or the Comptroller General of the United States may deem necessary, permit the Secretary and the Comptroller
General to have full and free access to all of its books and records with respect to the matters mentioned in subsection (A) of
this Section, and will permit the Secretary and the Comptroller General to audit, examine, and make excerpts or transcripts
from such books and records, and to review, inspect, and make audits of all Project work, contracts, invoices, materials, pay-
rolls, records of personnel, conditions of employment, books of accounts, and other documentary data pertaining to such
matters.
- (C) Reports and Information. The Public Body will, at such times as the Secretary may require, furnish him with
periodic reports and statements, and other documentary data and information, as he may request, pertaining to the various
matters covered by this Contract.
SEC. 104. LAND FRUV1S1UNS
(A) General Requirements Concerning Land. The Public Body shall:
(1) Take all necessary steps to remove or abrogate all legally enforceable provisions pertaining to the re-
striction of the use of the land it is acquiring and /or developing, upon the basis of race, creed, color, or national
origin.
(2) Include in every agreement, lease, conveyance, or other instrument whereby the land is disposed of, an
affirmative covenant binding on the contractor, lessee, grantee, or other party to such instrument and on the suc-
cessors in interest to such contractor, lessee, grantee, or other party that there shall be no discrimination upon the
basis of race, creed, color, or national origin in the use or occupancy of the land. The covenant shall recite that the
United States is a beneficiary of the covenant and entitled to enforce it.
(3) Not sell, lease, or otherwise dispose of the land except with the prior written approval of the Secretary.
(4) Not voluntarily create, cause, or allow to be created any debt, lien, mortgage, charge, or encumbrance
against any of the land winch in any way will impair or otherwise adversely affect the preservation of said land for
the use or uses set out in Section 2(b) of Part I of this Contract.
-2-
t' "Sob
19)
i
(5) 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 any of the land and
which if unpaid may by law become a lien or charge upon said land and thereby impair or otherwise adversely affect
the holding of said land for the use or uses set out in Section 2(b) of Part I of this Contract.
(6) Faithfully observe and conform to all valid requirements of any governmental authority relative to the
land and all covenants, terms, and conditions applicable to said land.
(B) Fair Market Value. The Public Body shall take all appropriate steps to assure that the consideration it pays
for the land does not exceed fair market value at the time of acquisition. If the Secretary determines that the consideration
paid by the Public Body is in excess of fair market value, for purposes of computing the amount of the Grant, the acquisition
cost shall be reduced by the amount of the excess. -
(C) Special Provisions Relating to Sale or Lease of Land. If the Project proposes that the Public Body lease or sell
all or part of the land, the Public Body must first obtain written approval of the Secretary before such leasing or sale is under-
taken. Approval will be given only if such leasing or sale is consistent with the Project and adequate controls are embodied in
the lease or deed to assure the preservation of the open -space use or uses of such land as set out in Section 2(b) of Part I of
this Contract.
(D) Use of Land
(1) No change in the use of the land to a use other than the open -space uses set out in Section 2(h) of Part I
of this Contract will be permitted without the prior written approval of the Secretary. Before such approval will be
given, the Public Body must demonstrate to the Secretary's satisfaction that:
(a) The conversion is essential to the orderly development and growth of the urban area involved;
(b) TI.e conversion is in accord with the comprehensively planned development of the urban area; and
(c) The open -space land is being or will be replaced, without cost to the Federal Government, by other
open -space land of at least equal fair market value at the time of conversion, and of as nearly as feasible
equivalent usefulness and location
(2) The Public Body shall not discriminate upon the basis of race, creed, color, or national origin in the cile,
lease, or rentai or in the use or occupancy of the land or any improvements erected or to be erected thereon, or any
part thereof.
(3) The Public Body shall not restrict the use of the land, as developed, on the basis of place of residence,
except that a reasonable fee charged nonresidents over and above any fee that may be charged residents shall not be
interpreted as a restriction of the use of such land.
(E) Transfer of Public Body's Interests in Land to Another Public Body. Before the Public Body transfers its
interests in the land to another Public Body, it shall require its transferee to enter into a contract with the Secretary agreeing
in writing to be bound by all of the applicable terms and conditions of this Contract.
SEC. 105. PAYMENT OF GRANT
- (A) Advance or Progress Payments. Under or subject to such conditions as the Government may, in writing, specify
which are not inconsistent with applicable law, the Government may, in its discretion, make advance or progress payments to
the Public Body on account of the Grant, or on account of the increase with respect to the Grant provided for in Section 4 of
Part I of this Contract, at such time or times prior to the completion of the Project and the final determination of the total
3-
iUD -3180b
6.69)
cost thereof as, in view of the status of the Project and the matters relative thereto, the Government may deem appropriate,
but no such advance or progress payment will be made unless and until the Public Body shall have filed its written request
with the Secretary for such advance or progress payment: Provided, That the Public Body is not in default on any of the
terms of this Contract. The Public Body shall deposit such advance payment funds in a bank or banks which are members of
the Federal Deposit Insurance Corporation.
(B) Requisition for Grant Payment. The Public Body shall file its requisition for payment of Grant, including the
increase provided for in Section 4 of Part I of this Contract, on a form or forms prescribed by the Secretary. Such requisition
shall be accompanied by the Public Body's certification of purposes, demonstrating the need, at the time, for the funds
requisitioned; that the amount sought is reasonable; and that the purposes for which it proposes to expend the funds are
within the purview of this Contract.
(C) Acquisition, Development, and Demolition Costs. Payment of the Grant provided for in Section 3 of Part I of
this Contract shall be based on acquisition, demolition, and development costs which have been determined by the Secretary
as eligible Project costs, in the light of applicable Federal law and in accordance with the Secretary's rules and regulations
implementing that law. The acquisition costs shall not include (1) ordinary State or local governmental expenses; (2) costs of
acquiring land located outside the urban area for which the Public Body exercises (or participates in the exercise of) open -space
responsibilities; (3) the cost of land acquired prior to the notification of the Public Body by the Secretary of his approval of
the Application or of the acquisition of such land; or (4) the cost of land acquired with the assistance of funds received di-
rectly or indirectly from the Government, or any agency or instrumentality thereof, other than under the terms of this Con-
tract. The development cost shall include only those costs which are necessary to prepare the land for open -space use and
shall not include (1) the cost of development undertaken prior to the notification of the Public Body by the Secretary of his
approval of the Application or of the development of the land or (2) the cost of specialized major recreation facilities. The
demolition cost shall include only those costs which are necessary for the demolition and removal of buildings and structures
from developed land acquired as part of the Project.
SEC. 106. LABOR AND CONSTRUCTION PROVISIONS
(A) Contract and "Force Account" Work. The Public Body may elect to carry out any necessary demolition, con-
struction, or development activities as a part of the Project by utilization of its own employees or it may have such work done
under written contracts let by it. Any contracts entered into for Project work shall contain appropriate provisions to require
compliance with all applicable Federal laws and regulations pertaining to such contracts, to the work to be performed there-
under, and to the persons employed in the carrying out of such contracts.
(B) Competitive Bidding. The Public Body will give full opportunity for free, open, and competitive bidding for
each cbntract to be let by it calling for construction, demolition, or other similar work, as a part of the Project, or for the
furnishing of any materials, supplies, or equipment for or use on, the Project and will give such publicity to its advertisements
or calls for bids for each such contract as will provide adequate competition; and the award of each such contract, when made,
will be made by it as soon as practicable to the lowest responsible bidder: Provided, That in the selection of such materials,
equipment, or supplies, the Public Body may, in the interest of standardization or ultimate economy, if the advantage of such
standardization or such ultimate economy is clearly evident and an appropriate provision for such action is included b) it in
the proposed contract documents upon which bids are invited, award a contract to a responsible bidder other than the lowest
in price: Provided further, That purchases of such materials, equipment, or supplies in amounts of $2,500 or lees, and con-
tracts in amounts of $2,500 or less calling for construction, demolition, or other similar work, as a part of the Project, may,
except where contrary to the requirements of State or local law, be made from time to time-by the Public Body without
negotiation or competitive bidding and without observance of the other provisions of this subsection.
(C) Provisions To Be Included in Certain Contracts. Before the Public Body receit es bids or proposals for, or other-
wise negotiates for, a proposed contract which calls for the performance of any work on the Project which will entail, for such
work, the employment by the contractor or his subcontractors of laborers or mechanics, the Public Body shall include in the
proposed contract documents appropriate wage schedules (including applicable wage determinations of the Secretary- of Labor,
-4.
HUr' ^•90b
v)
United States Department of Labor) and other provisions which are consistent with the provisions embodied in that douunent
entitled "Federal Labor Standards Provisions" attached hereto marked IIUD -3200 and made a part hereof. Such schedules,
wage determinations, and other provisions, as included in such proposed contract documents, shall also be included in the
contract documents as executed. The Public Body will include in each contract mentioned in the preceding sentence of this
subsection an appropriate provision requiring the contractor to insert in each of his subcontracts which will entail the employ-
ment by such subcontractor of laborers or mechanics, as aforesaid, wage and other provisions which are consistent with such
contractor's contract with the Public Body.
(D) State or Local Laws Concerning Wage Rates for Laborers and Mechanics. If State or local laws require that
laborers or mechanics who are employed by the Public Body's contractors, or by such contractors' subcontractors, in the
development of the Project, he paid not less than the wages which are established pursuant to such laws and if such wages so
established are higher than the wages which are determined by the Secretary of Labor, United States Department of Labor,
pursuant to the aforesaid Davis -Bacon Act, to be the wages prevailing in the locality in which the Project is situated, nothing
in this Contract is to be construed as intended to relieve the Public Body of its obligation, if any, to require payment of such
higher wages.
(E) Equal Employment Opportunity
(1) Activities and Contracts Not Subject to Executive Order 11246. In the carrying out of the Project, the
Public Body will not discriminate against any employee or applicant for employment because of race, color,
religion, sex or national origin. The Public Body will take affirmative action to ensure that applicants are employed,
and that employees are treated during employment, without regard to 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 Public Body agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the Government setting forth the provisions
of this nondiscrimination clause. The Public Body will, in all solicitations or advertisements for employees placed
by or on behalf of the Public Body, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex or national origin. The Public Body will incorporate the foregoing re-
quirements of this subparagraph (1) in all of its contracts for Project work, except contracts governed by subparagraph
(2) of this Section 106(E) and contracts for standard commercial supplies or raw materials, and will require all of its
contractors for such work to incorporate such requirements in all subcontracts for Project work.
(2) Contracts Subject to Executive Order 11246. The Public Body hereby agrees that it will incorporate or
cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regula-
tions of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from
the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan,
insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insur-
ance, or guarantee, 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 insure that
applicants are employed, and that employees are treated during employment without regard to their ram,
color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employ-
ment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off 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 Public Body setting forth the provisions of this nondiscrimination clause.
-5-
79UD -3180b .. -
(2) The contractor will, in all solicitations or advertisements for employees placed by or on be,._ -- of
the contractor, stale 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 advising the said
labor union or workers' representative of the contractor's commitments under this section, and shall post copies
of the notice in conspicuous places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) The contractor will fumish -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 the Secretary of
Housing and Urban Development, or pursuant thereto, and will permit access,to his books, records, and ac-
counts by the Public Body, the Secretary 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 nondiscrimination clauses of this contract
or with any of the said 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 federally
assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of Septem-
ber 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise pro-
vided 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 con-
tractor will take such action with respect to any subcontract or purchase order as the Public Body or the Sec-
retary of Housing and Urban Development may direct as a means of enforcing such provisions, including sanc-
tions for noncompliance: Provided, however, That, in the event the contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction by the Public Body, the
contractor may request the united Mates to enter into such iitigation to protect the interests of the united
States.
The Public Body further agrees that it will be bound by the above equal opportunity clause with respect
to its own employment practices when it participates in federally assisted construction work: Provided, That
if the Public Body so participating is a State or local government, the above equal opportunity clause is not
applicable to any agency, instrumentality or subdivision of such government which does not participate in work
on or under the contract.
The Public Body agrees that it will assist and cooperate actively with the Secretary of housing and Urban
Development and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with
the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it
will furnish the Secretary of Housing and Urban Development and the Secretary of Labor such information as
they may require for the supervision of such compliance, and that it will otherwise assist the Secretary of Hous-
ing and Urban Development in the discharge of his primary responsibility for securing compliance.
-6-
Hi'^ 1180h
69)
The Public Body further agrees that it will refrain from entering into any contract or contract mwnica-
tion subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has
not demonstrated eligibility 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 he imposed upon contractors and subcontractors by the Secretary of [lousing and Urban De-
velopment or the Secretary of Labor pursuant to Part 11, Subpart D of the Executive order. In addition, the
Public Body agrees that if it fails or refuses to comply with these undertakings, the Secretary of (lousing and
Urban Development may take any or all of the following actions: Cancel, terminate, or suspend in whole or in
part this grant contract; refrain from extending any further assistance to the applicant under the program with
respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been re-
ceived from such Public Body; and refer the case to the Department of Justice for appropriate legal
.proceedings.
SEC. 107. DEFAULTS AND REMEDIES
(A) Termination or Suspension of Contract. The Government may terminate or suspend this Contract at its dis-
cretion upon the happening of any of the following:
(1) The failure of the Public Body to complete the Project within the time prescribed in Section 5 of Part I
of this Contract;
(2) The making of any misrepresentation by the Public Body in its Application or in the furnishing of any
information to the Secretary;
(3) The violation of any of the terms or conditions of this Contract;
(4) Any event which makes the accomplishment of the Project by the Public Body impossible, improbable,
infeasible, or illegal; or
(5) The commencement of any litigation challenging the performance by the Public Body of any of its duties
or obligations which may jeopardize or adversely affect the Project, this Contract, or the Grant.
(B) Forfeiture of Grant
(1) If the Public Body should change the use of the land from the use or uses designated in Section 2(b) of
Part I of this Contract without the prior written approval of the Secretary, or should it transfer its interests in the
land to another Public Body without requiring the transferee to execute the contract with the Secretary provided for
by Section 104(E) of this Part II, the Public Body shall at the request of the Secretary repay to the Government the
amount of the Grant.
(2) For any other violation of any of the terms of this Contract, the Secretary may, in addition to such other
remedies as may exist at law or in equity, require repayment of all or part of the Grant to the Government.
(C) When Rights and Remedies Not Waived. In no event shall the making by the Government of any Grant payment
to the Public Body constitute or be construed as a waiver by the Government of any breach of covenant or any default which
may then exist on the part of the Public Body, and the making of any such payment by the Government while any such breach
or defaolt shall exist shall in no wise impair or prejudice any right or remedy available to the Government in respect of such
breach or default.
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JD-3180b '
SEC. 108. MISCELLANEOUS PROVISIONS
(A) Interest of Public Body Personnel and Other Local Public Officials. The Public Body shall adopt and enforce
measures to assure that no member o its governing body and no other officer or employee of the Public Body and no member
of the governing body or other public official of any other local public body in the urban area in which the Project is situated,
who exercises any functions or responsibilities in connection with the carrying out of the Project, shall, prior to the comple-
tion of the Project, voluntarily acquire any personal interest, direct or indirect, in any property included in the Project or in
any contract or proposed contract in connection with the undertaking of the Project. If any such member, employee, or
officer presently owns or controls, or in the future involuntarily acquires, any such personal interest, he shall immediately
disclose such interest to the Public Body. Any member, employee, or officer who shall have or acquire such interest shall
not participate in any action by the Public Body affecting the undertaking of the Project, unless the Public Body shall de-
termine that, in the light of the personal interest disclosed, the participation of such individual in any such action would not
be contrary to the public interest. The Public Body shall promptly advise the Secretary of the facts and circumstances con-
cerning any disclosure made to it pursuant to this provision and the action taken by the Public Body upon being made aware
of said facts and circumstances.
(B) 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 Contract or to any benefit to arise from the same.
(C) Bonus or Commission. The Public Body shall not pay any bonus or commission for the purpose of obtaining
the Secretary's approval of the Application or any other approval by the Secretary which may be necessary under this Contract.
(D) Government Not Obligated to Third Parties. The Government shall not be obligated or liable under this Con-
tract to any party other than the Public Body.
(E) How Contract Affected by Provisions Being Held Invalid. If any provision of this Contract is held invalid, the
remainder of this Contract shall not be affected thereby if it is in conformity with the terms and requirements of applicable
law.
(F) Provisions Concerning Certain Waivers. Subject to applicable Federal law, any right or remedy which the
Government may have under this Contract may be waived in writing by the Government by a formal waiver and either with or
without the execution of an amendatory or supplementary agreement, if, in the judgment of the Government, this Contract,
as so modified, will still conform to the provisions and requirements of applicable laws. -
"Deed Restriction: Recordation. The Public Body agrees
to have prepared and recorded in the appropriate Land or Deed
records for each Open Space site contained in this project an
appropriate restriction indicating that the site or any interest
therein may•not be sold, leased, or othero-rise transferred with-
out the prior written approval of the Secretary of Housing and
Urban Development, his designee, or airy successor thereto. This
restriction may be recorded in the Public Body's deed or deeds
to the Open Space site or in a separate instrument, provided that
the method used gives constructive notice (or the equivalent) of
: the restriction."
215395 -P (Rev. 6.69) HUD - Wash., D.C.
.B.
4'
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
FEDERAL LABOR STANDARDS PROVISIONS
1. APPLICABILITY
}IUD -3200
(4 -�)
The Project or Program to which the work covered by this Contract
pertains is being assisted by the United States of America and the
following Federal Labor Standards Provisions are included in this
Contract pursuant to the provisions applicable to such Federal assistance.
2. MLNIMiJM WAGE RATES FOR LABORERS AND MECHANICS
All laborers and mechanics employed upon the work covered by this
Contract shall be paid unconditionally and not less often than once each
week, and without subsequent deduction or rebate on any account (except
such payroll deductions as are made mandatory by law and such other
payroll deductions as are permitted by the applicable regulations issued
by the Secretary of Labor, United States Department of Laborr pursuant
to the Anti- Kickback Act hereinafter identified), the full amounts due
at time of payment computed at wage rates not less than those contained
in the wage determination decision of said Secretary of Labor (a copy of
which is attached and herein incorporated by reference), regardless of
any contractual relationship which may be alleged to exist between the
Contractor or any subcontractor and such laborers and mechanics. All
laborers and mechanics employed upon such work shall be paid in cash,
except that payment may be by check if the employer provides or secures
satisfactory facilities approved by the Local Public Agency or Public
Body for the cashing of the same without cost or expense to the employee.
For the purpose of this clause, contributions made or costs reasonably
anticipated under Section l(b)(2) of the Davis -Bacon Act on behalf of
laborers or mechanics are considered wages paid to such laborers or
mechanics, subject to the provisions of Section 5.5(a)(1)(iv) of Title 29,
Code of Federal Regulations. Also for the purpose of this clause, regular
contributions made or costs incurred for more than a weekly period under"
plans, funds, or programs, but covering the particular weekly period,
are deemed to be constructively made or•incurred during such weekly period.
3. ' UNDERPAYMENTS OF WAGES OR SALARIES
In case of underpayment of wages by the Contractor or by any
subcontractor to laborers or mechanics employed by the Contractor or
subcontractor upon the work covered by this Contract, the Local Public
Agency or Public Body in addition to such other rights as may be afforded
it under this Contract shall withhold from the Contractor, out of any
payments due the Contractor, so much thereof as the Local Public Agency
or Public Body may consider necessary to pay such laborers or mechanics
- 1 -
the full amount 'of wages required by'this ,Contract. The-amount so
withheld may be disbursed by the Local Public Agency or Public Body,
for and on account of the Contractor or the subcontractor (as may be
appropriate), to the respective laborers or mechanics to whom the same
is due or on their behalf to plans, funds, or programs for any type of
,fringe benefit prescribed in the applicable wage determination.
4. ANTICIPATED COSTS OF FRINGE BENEFITS
If the Contractor does not make payments to a trustee or other
third person, he may consider as part of the wages of any laborer or
mechanic the amount of any costs reasonably - anticipated in providing
fringe benefits under a plan or program of a type expressly listed in
the wage determination decision of the Secretary of Labor which is a
part of this Contract: Provided, however, The Secretary of Labor has
found, upon the written request of the Contractor, that the applicable
standards of the Davis -Bacon Act have been net. The Secretary of Labor
may require the Contractor to set aside in a separate account assets for
the meeting of obligations under the plan or program. A copy of any
findings made by the Secretary of Labor in respect to fringe benefits
being provided by the Contractor must be submitted to the Local Public
Agency or Public Body with the first payroll filed by the Contractor
subsequent to receipt of the findings.
5. OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK HOURS STANDARDS
ACT (76 Stat. 357 -360; Title 4o U.S.C., Sections 327 -332)
(a) overtime requirements. No Contractor or subcontractor
contracting for any part of the Contract work which may require or
involve the employment of laborers or mechanics, including watchmen and
guards, shall require or permit any laborer or mechanic in any workweek
in which he is employed on such work to work in excess of eight hours
in any calendar day or in excess of forty hours in'such workweek unless
.such laborer or mechanic receives compensation at a rate not less -than - - - - -- -- -.
one and one -half times his basic rate of pay for all hours worked in
excess Cf oua r an iaiCUUai daj' V1' lu CAuebti V1 101'I.y livu1tl
in such workweek, as the case may be.
(b) Violation; liability for unpaid wages; liquidated damages.
In the event of any violation of the clause Bet forth in paragraph (a),
the Contractor and any subcontractor responsible therefor shall be
liable to any affected employee for his unpaid wages. In addition,
such Contractor and subcontractor shall be liable to the United States
for liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic employed in violation
of the clause set forth in paragraph (a), in the sum of $10 for each
calendar day on which such employee was required or permitted to work
In excess of eight hours or in excess of the standard workweek of forty
hours without payment of the overtime wages required by the clause set
forth in paragraph (a).
-2-
(c) Mi'thholdinr for lioui'dated•damages.- The Local public Agency or
Public Body shall withhold or cause to be withheld, from any moneys payablb
on account of work performed by the Contractor or subcontractor, such sums
as may administratively be determined to be necessary to satisfy any
liabilities of such Contractor or subcontractor for liquidated damages as
provided in the clause set forth in paragraph (b) .
(d) Subcontracts. The Contractor shall insert in any subcontracts
the clauses set forth in paragraphs (a), (b), and (c) of this Section and
also a clause requiring the subcontractors to include these clauses in any
lower tier subcontracts which they may enter into, together with a clause
requiring this insertion in any further subcontracts that may in turn be made.
6. EMPLOYMENT OF APPRENTICES
Apprentices will be permitted to perform work covered by this Contract
only under a bona fide apprenticeship program registered with a State'
Apprenticeship Agency which is recognized by the Bureau of Apprenticeship
and Training, United States Department of Labor, or. if no such recognized
Agency exists in a State, under a program registered with the Bureau of
Apprenticeship and Training. The allowable ratio of apprentices to journey-
men in any craft classification shall not be greater than the ratio permitted
to the Contractor as to his entire work force under the registered program.
Any employee listed on a payroll at an apprentice wage rate, who is not
registered as above, shall be paid the wage rate determined by the Secretary
of Labor, United States Department of Labor, for the classification of work
he actually performed. The Contractor or subcontractor shall furnish the
Local Public Agency or Public Body with written evidence of the registration
of his program and apprentices, as well as of the appropriate ratios and
wage rates for the area of construction, prior to using any apprentices on
the contract work.
7. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED
No person under the age of sixteen years and no person who, at the time,
i8 arw —Lig 6cnwiaue iva a penal o"r correcLi.onal insiiLuLion mall be employed
,on the work covered by this Contract.
8. REGULATIONS PURSUANT TO SO- CALLED "ANTI- KICKBACK ACT"
The Contractor shall comply with the applicable regulations (a copy of
which is attached and herein incorporated by reference) of the Secretary
of Labor, United States Department of Labor, :Wade pursuant to the so- called
"Anti- Kickback Act" of June 13, 1934 (48 Stat. 948; 62 Stat. 862;,Title 18.- - - --
U.S.C., Section 874; and Title 40 U.S.C., Section 2760), and any amendments
or modifications thereof, shall cause appropriate provisions to be inserted
in subcontracts to insure compliance therewith by all subcontractors subject
thereto. and shall be responsible for the submission of affidavits required
by subcontractors thereunder, except as said Secretary of Labor may
specifically provide for reasonable limitations, variations, tolerances,
and exemptions from the requirements thereof.
3
9. EMPLOYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE
DETERMINATION DECISION
Any class of laborers or mechanics which is not listed in the wage
determination and which is to be employed under the Contract will be
classified or reclassified conformably to the wage determination by the
Local Public Agency or Public Body, and a report of the action taken shall
be submitted by the Local Public Agency or Public Body, through the
Secretary of Housing and Urban Development, to the Secretary of Labor,
United States Department of Labor. In the event the interested parties
cannot agree on the proper classification or reclassification of a
particular class of laborers and mechanics to be used, the question
accompanied by the recommendation of the Local Public Agency or Public
Body shall be referred, through the Secretary of Housing and Urban
Development, to the Secretary of Labor for final determination.
10. FRINGE BENEFITS NOT EXPRESSED AS HOURLY WAGE RATES
The Local Public Agency or Public Body shall require, whenever the
minimum wage rate prescribed in the Contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly
wage rate and the Contractor is obligated to pay a cash equivalent of such
a fringe benefit, an hourly cash equivalent thereof to be established. In
the event the interested parties cannot agree upon a cash equivalent of the
fringe benefit, the question, accompanied by the recommendation of the
Local Public Agency or Public Body, shall be referred, through the Secretary
of Housing and Urban Development, to the Secretary of Labor for determination.
11. POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE DEDUCTIONS
The applicable wage poster of the Secretary of Labor, United States
Department of Labor, and the applicable wage determination decisions of
said Secretary of Labor with respect to the various classifications of
laborers and mechanics employed and to be employed upon the work covered
by this Contract, and a statement showing all deductions, if any, in
accordance with the provisions of this Contract, to ue made from wages
actually earned by persons so employed or to be employed in such classifications,
shall be posted at appropriate conspicuous points at the site of the work.
12. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES
No laborer or mechanic to whom the wage, salary, or other labor
standards provisions of this Contract are applicable shall be discharged
or in any other manner discriminated against by the Contractor or any
subcontractor because such employee has filed any complaint or instituted
or caused to be instituted any proceeding or has testified or is about to
testify in any proceeding under or relating to the labor standards applicable
under'this Contract to his employer.
-k-
13. CLAINLS AND DISPUTES PERTAINING'TO WAGE 'PATES
Claims and disputes pertaining to wage rates or to classifications of
laborers and mechanics employed upon the work covered by this Contract shall
be promptly reported by the Contractor in writing to the Local Public Agency
or Public Body for referral by the latter through the Secretary of Housing
and Urban Development to the Secretary of Labor, United States Department of
Labor, whose decision shall be final with respect thereto.
14. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND REGULATIONS
All questions arising under this Contract which relate to the
application or interpretation of (a) the aforesaid Anti - Kickback Act,
(b) the Contract Work Hours Standards Act, (c) the aforesaid Davis -Bacon
Act, (d) the regulations issued by the Secretary of Labor, United States
Department of Labor, pursuant to said Acts, or (e) the labor standards
provisions of any other pertinent Federal statute, shall be referred,
through the Local Public Agency or Public Body and the Secretary of Housing
and Urban Development, to the Secretary of Labor, United States Department
of Labor, for said Secretary's appropriate ruling or interpretation which
shall be authoritative and may be relied upon for the purposes of this
Contract.
15. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SUBCONTRACTORS
The Contractor and each subcontractor shall prepare his payrolls on
forms satisfactory to and in accordance with instructions to be furnished
by the Local Public Agency or Public Body. The Contractor shall submit
weekly to the Local Public Agency or Public Body two certified copies of
all payrolls of the Contractor and of the subcontractors, it being understood
that the Contractor shall be responsible for the submission of copies of
payrolls of all subcontractors. Each such payroll shall contain the "Weekly
Statement of Compliance" set forth in Section 3.3 of Title 29, Code of
Federal Regulations. The payrolls and basic payroll records of the
Contractor and each subcontractor covering all laborers and mechanics
employed upon the work coverea by tnis Contract shall be maintained during
the course of the work and preserved for a period of three years thereafter.
Such payrolls and basic payroll records shall contain the name and address
of each such employee, his correct classification, rate of pay (including
rates of contributions or costs anticipated of the types described in
Section 1(b)(2) of the Davis -Bacon Act), daily and weekly number of hours
worked, deductions made, and actual wages paid. In addition, whenever the
Secretary of Labor has found under Section 5.5(a)(1)(iv) of Title 29, Code
of Federal Regulations, that the wages of any laborer or mechanic include
the amount of any costs reasonably anticipated in providing benefits under
a plan or program described in Section l(b)(2)(B) of the Davis -Bacon Act,
the Contractor or subcontractor shall maintain records which show that the
commitment to provide such benefits is enforceable, that the plan or program
is financially responsible, and that the plan or program has been communicated
in writing to the laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such benefits.
- 5 -
The Contractor'and each subcont:ractor.ohall make his employment records
with respect io persons employed by him upon the work 'covered by this
Contract available for inspection by authorized representatives of the
Secretary of Housing and Urban Development, the Local Public Agency or
Public Body, and the United States Department of Labor. Such representatives
shall be permitted to interview employees of the Contractor or of any
subcontractor during working hours on the job.
16. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES
The 'transporting of materials and supplies to or from the site of
the Project or Program to which this Contract pertains by the employees
of the Contractor or of any subcontractor, and the manufacturing or
furnishing of materials, articles, supplies, or equipment on the site of
the Project or Program to which this Contract pertains by persons employed
by the Contractor or by any subcontractor, shall, for the purposes of this
Contract, and without limiting the generality of the foregoing provisions
of this Contract, be deemed to be work to which these Federal Labor Standards
Provisions are applicable.
17. INELIGIBLE SUBCONTRACTORS
The Contractor shall not subcontract any part of the work covered by
this Contract or permit subcontracted work to be further subcontracted
without the Local Public Agency's or Public Body's prior written approval
of the subcontractor. The Local Public Agency or Public Body will not
approve any subcontractor for work covered by this Contract who is at the
time ineligible under the provisions of any applicable regulations issued
by the Secretary of Labor, United States Department of Labor, to receive
an award of such subcontract.
18. PROVISIONS TO BE INCLUDED IN CERTAIN SUBCONTRACTS
The Contractor shall include or cause to be included in each subcontract
covering any of the work covered by this Contract, provisions which are
consistent with these. Federal '[,ahnr Stimiderds Provisionz era _lac a ;3
requiring the subcontractors to include such provisions in any lower tier
subcontracts which they may enter into, together with a clause requiring
such insertion in any further subcontracts that may in turn be made.
19. BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS
In addition to the causes for termination of this Contract as herein
elsewhere set forth, the Local Public Agency or Public Body reserves
the right to terminate this Contract if the Contractor or any subcontractor
whose subcontract covers any of the work covered by this Contract shall
breach any of these Federal labor Standards Provisions. A breach of these
Federal Labor Standards Provisions may also be grounds for debarment as
pr6vided by the applicable regulations issued by the Secretary of Labor,
United Statee Department of Labor.
- 6 -
z
ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS
SO- CALLED "ANTI - KICKBACK ACT" AND REGULATIONS PROMUI.GATED
PURSUANT THERETO BY THE SECRETARY OF LABOR,
UNITED STATES DEPARTMENT OF LABOR
TITLE 18, U.S.C., section 874
(Replaces section 1 of the Act of June 13, 1934 (48 Stat. 948, 40 U.S.C.,
sec. 276b) pursuant to the Act of June 25, 1948, 62 Stat. 862)
KICKBACKS FROM PUBLIC WORKS EMPLOYEES
Whoever, by force, intimidation, or threat of procuring dismissal from employment, or by any
other manner whatsoever induces any person employed in the construction, prosecution, completion or
repair of any public building, public work, or building or work financed in whole or in part by loans
or grants from the United States, to give up any part of the compensation to which he is entitled
under his contract of employment, shall be fined not more than $5,000 or imprisoned not more than
five years, or both.
SECTION 2 OF THE ACT OF JUNE 13, 1934, AS AMENDED (48 Stat. 948, 62 Stat. 862,
63 Stat. 108, 72 Stat. 967, 40 U.S.C., sec. 276c)
The Secretary of Labor shall make reasonable regulations for contractors and subcontractors en-
gaged in the construction, prosecution, completion or repair of public buildings, public works or
buildings or works financed in whole or in part by loans or grants from the United States, including
a provision that each contractor and subcontractor shall furnish weekly a statement with respect to
the wages paid each employee during the preceding week. Section 1001 of Title 18 (United States
Code) shall apply to such statements.
- - - X X X - - -
Pursuant to the aforesaid Anti- Kickback Act, the Secretary of Labor, United States Department of
Labor. has Dromulgated the regulations hereinafter set forth. which regulations are found in Title 29,
Subtitle A. Code of Federal Regulations, Part 3. The term, "this part," as used in the regulations
hereinafter set forth, refers to Part 3 last above mentioned. Said regulations are as follows:
CDNTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING AND PUBLIC WORK
AND ON BUILDING AND WORK FINANCED IN WHOLE OR IN PART
BY LOANS OR GRANTS FROM THE UNITED STATES
Sec. 3.1 Purpose and scope.
This part prescribes "anti - kickback" regulations under section 2 of the Act of June 13, 1934,
as emended (40 U.S.C. 276c), popularly known as the Copeland Act. This part applies to any contract
which is subject to Federal wage standards and which is for the construction, prosecution, completion,
or repair of public buildings, public works or buildings or worsts financed in whole or in part by
loans or grants from the United States. The part is intended to aid in the enforcement of the mini-
mum wage provisions of the Davis -Bacon Act and the various statutes dealing with Federally- assisted
construction that contain similar minimum wage provisions, including those provisions which are not
subject to Reorganization Plan No. 14 (e.g., the College Housing Act of 1950, the Federal Water Pol-
lution Control Act, and the Housing Act of 1959), and In the enforcement of the overtime provisions
— 1 —
,if the Contract Work Hours Standards Act whenever they are applicable to construction work. T' "rt
etails the obligation of contractors and jubcontractOTs relative to the'weckly submission o:
ments regarding the wages paid on work covered thereby; sets forth the circumstances and proc_
governing the making of payroll deductions from the wages of those employed on such work; and de-
lineates the methods of payment permissible on such work.
Sec. 3.2 Definitions.
As used in the regulations in this part:
(a) The terms "building" or "work" generally include construction activity as distinguished
from manufacturing, furnishing of materials, or servicing and maintenance work. The terms include,
without limitation, buildings, structures, and improvements of all types, such as bridges, dams,
plants, highways, parkways, streets, subways, tunnels, sewers, mains, powerlines, pumping stations,
railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, Jetties, breakwaters,
levees, and canals; dredging, shoring, scaffolding, drilling, blasting, excavating, clearing, and
landscaping. Unless conducted in connection with and at the site of such a building or work as is
described in the foregoing sentence, the manufacture or furnishing of materials, articles, supplies,
or equipment (whether or not a Federal or State agency acquires title to such materials, articles,
supplies, or equipment during the course of the manufacture or furnishing, or owns the materials
from which they are manufactured or furnished) is not a "building" or "work" within the meaning of
the regulations in this part.
(b) The terms "construction," "prosecution," "completion," or "repair" mean all types of work
done on a particular building or work at the site thereof, including, without limitation, altering,
remodeling, painting and decorating, the transporting of materials and supplies to or from the
building or work by the employees of the construction contractor or construction subcontractor, and
the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the
building or work, by persons employed at the site by the contractor or subcontractor.
(c) The terms "public building" or "public work" include building or work for whose construc-
tion, prosecution, completion, or repair, as defined above, a Federal agency is a contracting party,
regardless of whether title thereof is in a Federal agency.
(d) The term "building or work financed in whole or in part by loans or grants from the United
States" includes building or work for whose construction, prosecution, completion, or repair, as de-
fined above. payment or part oavment is made directly or indirectly from funds nmvidPd by mans nr
grants by a Federal agency. The term does not include building or work for which Federal assistance
is limited solely to land guarantees or insurance.
(e) Every person paid by a contractor or subcontractor in any manner for his labor in the con-
struction, prosecution, completion, or repair of a public building or public work or building or work
financed in whole or in part by loans or grants from the United States is "employed" and receiving
"wages," regardless of any contractual relationship alleged to exist between him and the real employer.
(f) The term "any affiliated person" includes a spouse, child, parent, or other close relative
of the contractor or subcontractor; a partner or officer of the contractor or subcontractor; a cor-
poration closely connected with the contractor or subcontractor as parent, subsidiary, or otherwise,
and an officer or agent of such corporation.
(g) The term "Federal agency" means the United States, the District•of Columbia, and all execu-
tive departments, independent establishments, administrative agencies, and instrumentalities of the
United States and of the District of Columbia, including corporations, all or substantially all of
the stock of which is beneficially owned by the United States, by the District of Columbia, or any of
the foregoing departments, establishments, agencies, and instrumentalities.
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Sec. 3.3 Weekly statement with respect to payment of wages.
(a) As used in this'section, the term "employee" shall not apply to persons in classit. ns
higher than that of laborer or mechanic and those who are the immediate supervisors of such employees.
(b) Each contractor or subcontractor engaged in the construction, prosecution, completion, or
repair of any public building or public work, or building or work financed in whole or in part by
loans or grants from the United States, shall furnish each week a statement with respect to the wages
paid each of its employees engaged on work covered by these regulations during the preceding weekly
payroll period. The statement shall be executed by the contractor or subcontractor or by an author-
ized officer or employee of the contractor or subcontractor who supervises the payment of wages, and
shall be in the following form:
WEEKLY SIATEMENT OF COWLIANCE
19—
I, ,
(Xa„e of signatory party) (rill e)
do hereby state:
(1) That I pay or supervise the payment of the persons employed by
on the : that
(Contractor or +ubeoneraeto r) (Building or .o rk)
during the payroll period commencing on the— day of
19—, and ending on the _day of , 19— all persons
employed on said project have been paid the full weekly wages earned, that
no rebates have been or will be made either directly or indirectly to or on
behalf of said from the full weekly
(Contractor or subcontractor)
wages earned by any person and that no deductions have been made either di-
rectly or indirectly from the full wages earned by any person, other than
permissible deductions as defined in Regulations, Part 3 (29 CFR Part 3),
issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat.
948, 63 Stat. 108, 72 Stat. 967; 76 Stat. 537; 40 U.S.C. 276c), and described
below:
(F —r-wh ueocribing deuuci.ious ii tuLy)
(2) That any payrolls otherwise under this contract required to be sub-
mitted for the above period are correct and complete; that the wage rates for
laborers or mechanics contained therein are not less than the applicable wage
rates contained in any wage determination incorporated into the contract;
that the classifications set forth therein for each laborer or mechanic con-
form with the work he performed.
(3) That any apprentices employed in the above period are duly registered
in a bona fide apprenticeship program registered with a State apprenticeship
agency recognized by the [Bureau of Apprenticeship and Training,] United
States Department of Labor, or if no such recognized agency exists in a
State, are registered with the Bureau of Apprenticeship and Training, United
States Department of Labor.
(Signature and title)
— 3 —
I
I
etlon 1001 of Title 18 of the United States Code (criminal Code and Criminal Procedure) shall 'Y
such statement as provided at 72 Stat. 967 (18 U.S.C. 1001, among other things, provides th
per knowingly and willfully 'makes or uses a document or fraudulent statement of entry, in any r
within the ,jurisdiction of any department or agency of the United States, shall be fined not more than
$10,000 or imprisoned not more than five years, or both).
(c) The requirements of this section shall not apply to any contract of $2,000 or less.
(d) Upon a written finding by the head of a Federal agency, the Secretary of Labor may provide
reasonable limitations, variations, tolerances, and exemptions from the requirements of this section
subject to such conditions as the Secretary of Labor may specify.
Sec. 3.4 Submission of weekly statements and the preservation and inspection of weekly
payroll records.
(a) Each weekly statement required under Sec. 3.3 shall be delivered by the contractor or sub-
contractor, within seven days after the regular payment date of the payroll period, to a representa-
tive of a Federal or State agency in charge at the site of the building or work, or, if there is no
representative of a Federal or State agency at the site of the building or work, the statement shall
be mailed by the contractor or subcontractor, within such time, to a Federal or State agency con-
tracting for or financing the building or work. After such examination and check as may be made,
such statement, or a copy thereof, shall be kept available, or shall be transmitted together with a
report of any violation, in accordance with applicable procedures prescribed by the United States
Department of Labor.
(b) Each contractor or subcontractor shall preserve his weekly payroll records for a period of
three years from date of completion of the contract. The payroll records shall set out accurately
and completely the name and address of each laborer and mechanic, his correct classification, rate
of pay, daily and weekly number of hours worked, deductions made, and actual wages paid. Such pay-
roll records shall be made available at all times for inspection by the contracting officer or his
authorized representative, and by authorized representatives of the Department of Labor.
Sec. 3.5 Payroll deductions permissible without application to or approval of the
Secretary of Labor.
Deductions made under the circumstances or in the situations described in the paragraphs of
this section may be made without application to and approval of the Secretary of Labor:
(a) Any deduction made in compliance with the requirements of Federal, State, or local law,
such as Federal or State withholding income taxes and Federal social security taxes.
(b) Any deduction of sums previously paid to the employee as a bone fide prepayment of wages
when such prepayment is made without discount or interest. A "bona fide prepayment of wages" is
considered to have been made only when cash or its equivalent has been advanced to the person em-
ployed in such manner as to give him complete freedom of disposition of the advanced funds.
(c) Any deduction of amounts required by court process to be paid to another, unless, the de-
duction is in favor of the contractor, subcontractor, or any affiliated person, or when collusion or
collaboration exists.
(d) Any deduction constituting a contribution on behalf of the person employed to funds estab-
lished by the employer or representatives of employees, or both, for the purpose of providing either
from principal or income, or both, medical or hospital care, pensions or annuities or retirement,
death benefits, compensation for injuries, illness, accidents, sickness, or disability, or for insur-
ance to provide any of the foregoing, or unemployment benefits, vacation pay, savings accounts, or
- 4 -
similar payments for the benefit of employees, their families and dependents: Provided, hou
That the following4tandards are met: (1) The deduction is not otlie'rvise'prohibited by law; t
is either: (1) Voluntarily consented to by the employee in writing and in advance of the per.... in
which the work is to be done and such consent is not a condition either for the obtaining of or for
the continuation of employment, or (li) provided for in a bona fide collective bargaining agreement
between the contractor or subcontractor and representatives of its employees; (3) no profit or other
benefit is otherwise obtained, directly or indirectly, by the contractor or subcontractor or any
affiliated person in the form of commission, dividend, or otherwise; and (4) the deductions shall
serve the convenience and interest of the employee.
(e) Any deduction contributing toward the purchase of United States Defense Stamps and Bonds
when voluntarily authorized by the employee.
(f) Any deduction requested by the employee to enable him to repay loans to or to purchase
shares in credit unions organized and operated in accordance with Federal and State credit union
statutes.
(g) Any deduction voluntarily authorized by the employee for the making of contributions to
governmental or quasi - governmental agencies, such as the American Red Cross.
(h) Any deduction voluntarily authorized by the employee for the making of contributions to
Community Chests, United Givers Funds, and similar charitable organizations.
(f) Any deductions to pay regular union initiation fees and membership dues, not including
fines or special assessments: Provided, however, That a collective bargaining agreement between the
contractor or subcontractor and representatives of its employees provides for such deductions and the
deductions are not otherwise prohibited by law.
(j) Any deduction not more than for the "reasonable cost" of board, lodging, or other facilities
meeting the requirements of section 3(m) of the Fair Labor Standards Act of 1938, as amended, and
Part 531 of this title. When such a deduction is made the additional records required under Sec.
516.25(a) of this title shall be kept.
Sec. 3.6 Payroll deductions permissible with the approval of the Secretary of Labor.
Any contractor or subcontractor may apply to the Secretary of Labor for permission to make any
deduction not permitted under Sec. 3.5. The Secretary may grant permission whenever he finds that:
(a) The contractor, subcontractor, or any affiliated person does not make a profit or benefit
directly or indirectly from the deduction either in the form of a commission, dividend, or otherwise;
(b) The deduction is not otherwise prohibited by law;
(c) The deduction is either (1) voluntarily consented to by the employee in writing and in ad-
vance of the period in which the work is to be done and such consent is not a condition either for
the obtaining of employment or its continuance, or (2) provided for in a bona fide collective bar-
gaining agreement between the contractor or subcontractor and representatives of its employees; and
( 'a) The deduction serves the convenience and interest of the employee.
Sec. 3.7 Applications for the approval of the Secretary of Labor.
Any application for the making of payroll deductions under Sec. 3.6 shall comply with the re-
quirements prescribed in the following paragraphs of this section:
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i
r
i
a 1
(a) The application shall be in writing and shall be addressed to the Sectttdry Of Lit,
(b) The application shall identify the contract or contracts under which the work in ques..�on
is to be performed. Permission will be given for deductions only on specific, identified contracts,
except upon a showing of exceptional circumstances.
(c) The application shall state affirmatively that there is compliance with the standards set
forth in the provisions of Sec. 3.6. The affirmation shall-be accompanied by a full statement of the
facts indicating such compliance.
(d) The application shall include a description of the proposed 'deduction, the purpose to be
served thereby, and the classes of laborers or mechanics from whose wages the proposed deduction
would be made.
(e) The application shall state the name and business of any third person to whom any funds ob-
tained from the proposed deductions are to be transmitted and the affiliation of such person, if any,
with the applicant.
Sec. 3.8 Action by the Secretary of Labor upon applications.
The Secretary of Labor shall decide whether or not the requested deduction is permissible under
provisions of Sec. 3.6; and shall notify the applicant in writing of his decision.
Sec. 3.9 Prohibited payroll deductions.
Deductions not elsewhere provided for by this part and which are not found to be permissible
under Sec. 3.6 are prohibited.
Sec. 3.10 Methods of payment of wages.
The payment of wages shall be by cash, negotiable instruments payable on demand, or the addi-
tional forms of compensation for which deductions are permissible under this part. No other methods
of payment shall be recognized on work subject to the Copeland Act..
Sec. 3.11 Regulations part of contract.
All contracts made with respect to the construction, prosecution, completion, or repair of any
public building or public work or building or work financed in whole or in part by loans or grants
from the United States covered by the regulations in this part shall expressly bind the contractor
or subcontractor to comply with such of the regulations in this part as may be applicable. In this
regard, see Sec. 5.5(a) of this subtitle.
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214839—P ttuo-wash., D. C.
W. Willard Wirtz,
Secretary of Labor.
Y
Corpus Christi, T . as
. �/OGi�Hay of 196/
TO THE MEMBERS OF TEL CITY COUNCIL
Corpus Christi, Texas
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 introduced, and that such ordinance or
resolution shall be read at three meetings of the City Council; I, therefore,
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,
it ! v J
r 0
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jack R. Blackmon
Gabe Lozano, Sr.
V. A. "Dick" Bradley, Jr. X/
Eduardo E. de Ases
Ken McDaniel
W. J. "Wrangler" Roberts
Ronnie Sizemore
The above ordinance was passed by the following vote:
Jack R. Blackmon
Gabe Lozano, Sr.
V. A. "Dick" Bradley, Jr.
Eduardo E. de Ases
Ken McDaniel
W. J. 'Wrangler" Roberts 64e-)
%
Ronnie Sizemore P�