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HomeMy WebLinkAbout09984 ORD - 11/04/1970• JKK: •11 -4 -7J AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE COMMUNITY DEVELOPMENT CORPORATION OF CORPUS CHRISTI FOR THE PURPOSE OF COORDINATION OF CITYWIDE EFFORTS TO FURNISH ADEQUATE AND PERMANENT HOUSING FOR LOW— AND MODERATE — INCOME FAMILIES, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH 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 TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN AGREEMENT WITH THE COMMUNITY DEVELOPMENT CORPORATION OF CORPUS CHRISTI, A NON - PROFIT CORPORATION, FOR THE PURPOSE OF.000RDINATION OF CITYWIDE EFFORTS TO FURNISH. ADEQUATE AND PERMANENT HOUSING FOR LOW- AND MODERATE - INCOME FAMILIES, AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO IMMEDIATELY EXECUTE THE AFORESAID AGREEMENT IN ORDER TO PROMOTE AND PROTECT THE PUBLIC WELFARE, THE PUBLIC HEALTH, AND THE PUBLIC SAFETY IN THE-FIELD OF HOUSING FOR LOW- AND MODERATE- INCOME FAMILIES 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 BUT 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 THE &&-,, DAY OF NOVEMBER, 1970. ATTEST: CITY ` YO ` THE CITY OF CORPUS CHRISTI, TEXAS AP ROVED: _ e DAY OF NO BE , 1970: TT 9986, C Y ATTORNEY JRR:ejw :10/30/70 a THE STATE OF TEXAS j COUNTY OF NUECES j AGREEMENT THIS AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, A MUNICIPAL CORPORATION AND BODY POLITIC OF THE STATE OF TEXAS, HEREINAFTER REFERRED TO AS CITY, AND THE COMMUNITY DEVELOPMENT CORPORATION OF CORPUS CHRISTI, A NON- PROFIT CORPORATION UNDER THE LAWS OF THE STATE OF TEXAS, HEREPNAFTER REFERRED TO AS CDC, FOR AND IN CONSIDERATION OF THE UNDERTAKINGS HEREIN- AFTER SET FORTH, WITNESSETH: r I FOR THE PURPOSE OF ASSISTING THE CITY IN THE PERFORMANCE OF ITS OPERATIONS FOR THE PROMOTION AND PROTECTION OF THE PUBLIC WELFARE, THE PUBLIC HEALTH, AND THE PUBLIC SAFETY IN THE -FIELD OF HOUSING CDC HEREBY UNDERTAKES AND AGREES TO RENDER THE PERSONAL AND PROFESSIONAL SERVICES HEREIN DESCRIBED FOR THE CITY, UPON THE TERMS AND CONDITIONS HEREOF s� II CDC SHALL ESTABLISH A HOUSING SERVICE CENTER WITHIN THE CITY FOR THE PROVISION OF A COUNSELING PROGRAM FOR THE VICTIMS OF THE AUGUST 3, 1970 HURRICANE CELIA AND AFFORD COORDINATION OF CITYWIDE EFFORTS TO FURNISH ADEQUATE AND PERMANENT HOUSING FOR LOW- AND MODERATE - INCOME FAMILIES. SUCH SERVICE SHALL INCLUDE COUNSELING WITH DISPLACED FAMILIES AND ASSISTING THEM IN RE- ESTABLISHING THEIR HOMES, EITHER BY PURCHASE OF HOMES OR ACQUIRING SUITABLE TENANCY IN PUBLIC OR PRIVATE RENTAL ACCOMMODATIONS. CDC WILL ASSIST THOSE WHO DESIRE AND HAVE THE FINANCIAL ABILITY, WITH HOUSING PAYMENT SUPPLE- MENTS OR DIRECT PURCHASE LOANS, TO GAIN HOME OWNERSHIP BY PROVIDING APPRO- PRIATE'SUPPORT AND COUNSELING, AND INFORMING, THROUGH CONTINUING LIASION, FHA INSURING OFFICES, VA INSURING OFFICES, AND OTHER PUBLIC OR PRIVATE AGENCIES,OF THOSE FAMILIES RECOMMENDED,-UNDER THE FOREGOING GUIDELINES, FOR POSSIBLE HOME OWNERSHIP. FOR THE PURPOSES OF THIS AGREEMENTS THE CDC BOARD OF DIRECTORS SHALL BE DIRECTLY RESPONSIBLE FOR THE HOUSING SERVICE CENTER OPERATION AND THE BOARD, OR ITS DUTY AUTHORIZED AGENT SHALL RENDER A WRITTEN REPORT AT LEAST ONCE A MONTH FOR THE PRECEDING MONTH'S ACTIVITY TO CITY'S COUNCIL AND CITY MANAGER OF THE EXPENDITURES MADE AT THE CENTER THE NUMBER OF APPLICANTS RECEIVEDj PROCESSED AND REFERRED, THE NUMBER AND TYPE OF HOUSING PLACEMENTS MADE, LOANS OR INCOME SUPPLEMENTS ARRANGED, AND SUCH OTHER PERTINENT INFORMATION AS THE CITY MANAGER MAY FROM TIME TO TIME REQUEST. A REPORT OF NET EXPENDITURES FOR THIS PROGRAM SHALL BE FURNISHED CITY NO LATER THAN THE TWENTIETH DAY OF THE ENSUING MONTH. r III THE HOUSING SERVICE CENTER ADVISORY AND COUNSELING SECTION SHALL MAINTAIN A STAFF OF TRAINED AND QUALIFIED HOUSING ADVISORS WHO WILL CONTACT PERSONS IN NEED OF THESE CONTRACTED SERVICES AND, ADDITIONALLY SEEK COOPERATION FROM ALL AGENCIES GROUPS, ORGANIZATIONS AND CHURCHES WHO WISH TO HELP OR TO REFER PERSONS WHO MAY BENEFIT FROM HOUSING COUNSELING. IV THE HOUSING SERVICE CENTER SHALL ASSIST ALL GROUPS,-WHETHER PRI- VATE OR NON - PROFITS TO PLANS DEVELOP, AND CONSTRUCT HOUSING UNITS FOR LOW - AND MODERATE - INCOME FAMILIES. SUCH PLANNING DEVELOPMENTS AND CONSTRUCTION SHALL BE BASED ON UPDATED, THOROUGH AND DETAILED MARKET ANALYSIS TO DETER- MINE THE HOUSING NEEDS WITHIN THE CITY OF CORPUS CHRISTI. V IT IS UNDERSTOOD AND AGREED BY AND BETWEEN CITY AND CDC THAT CITY SHALL NOT BE LIABLE FOR ANY NEGLIGENT OR WRONGFUL ACTS OF CDC, ITS OFFICERS, EMPLOYEES, AGENTS OR SUB- CONTRACTORS AND CDC HEREBY COVENANTS AND AGREES TO SAVE AND HOLD HARMLESS CITY FROM ANY AND ALL CLAIMS, DEMANDS, OR JUDGMENTS ARISING FROM CDC NEGLIGENT OR WRONGFUL OPERATIONS UNDER THIS AGREEMENT. VI A. CITY SHALL PAY TO CDC FOR PERFORMANCE OF THIS AGREEMENT THOSE SUMS OF MONEY, UPON THE TERMS AND SCHEDULE HEREIN SET FORTH AND AS STATED IN THE ATTACHED BUDGET, IDENTIFIED AS EXHIBIT "A °r AND BY THIS -2- REFERENCE INCORPORATED HEREIN AND MADE A PART HEREOF AS FULLY AS IF WRITTEN HERE IN FULL. B. REQUESTS FOR PAYMENT HEREUNDER BY CDC TO CITY SHALL BE MADE MONTHLY, SUPPORTED BY THE CERTIFICATIONS OF THE HOUSING SERVICE CENTER EXECUTIVE DIRECTOR AND THE CDC TREASURER THAT ALL EXPENDITURES FOR WHICH SUCH PAYMENT REIMBURSEMENT IS REQUESTED WERE-MADE SOLELY IN PERFORMANCE OF THIS AGREEMENT. C. CITY PAYMENTS TO CDC SHALL FOR ANY ONE MONTHjNOT EXCEED AN AMOUNT EQUAL TO THE TOTAL CONTRACT EXPENDITURES OF THE PRECEDING MONTH. D. CDC AND CITY HEREBY AGREE THAT CDC WILL REQUEST AND ACCEPT PURCHASE BY CITY, FOR THE USE OF CDC IN THE PERFORMANCE OF THIS AGREEMENT MACHINES, EQUIPMENTS PRINTING SERVICES OR OTHER PROPERTY OR SERVICES WHEN IT IS DETERMINED BY CITY THAT IT CAN OBTAIN SUCH PROPERTY OR SERVICES AT LESS NET COST THAN THE SAME PURCHASES CAN BE MADE BY CDC. WHENEVER CITY PURCHASES IN THIS MANNER FOR CDC, IT IS HEREBY AGREED BY CDC THAT THE COST OF SUCH PURCHASES SHALL REDUCE THE TOTAL BUDGET COMMITMENT BY CITY IN AN AMOUNT EQUAL TO SUCH PURCHASES. AT THE DATE OF TERMINATION OF THIS AGREE- MENT, TITLE TO ALL UNEXPENDED PROPERTY (MACHINES EQUIPMENT2 .AND UNUSED SUPPLIES AND MATERIALS) PURCHASED BY CITY FOR CDC UNDER THIS SUBPARAGRAPH D.2 OR OTHERWISE, SHALL IMMEDIATELY VEST IN CITY. E. THE PERSONNEL DESCRIBED IN THE BUDGET SHALL BE UNDER THE SUPERVISION OF THE PERSON DESIGNATED AS EXECUTIVE DIRECTOR OF THE HOUSING SERVICE CENTER BY THE BOARD OF DIRECTORS OF CDC. IT IS UNDERSTOOD THAT THE BUDGETED ATTORNEY WILL BE ASSIGNED TO THE DIRECTOR OF THE NUECES COUNTY LEGAL AID SOCIETY FOR PROFESSIONAL SUPERVISION BUT WILL, IN ALL OTHER RESPECTS AND RELATIONS BE AN EMPLOYEE OF CDC ONLY. F. EXPENDITURES OR CHARGES PRIOR TO DATE OF EXECUTION OF THIS AGREEMENT SHALL NOT BE PAID BY CITY. FOR INITIAL WORKING CAPITAL IN FURTHERANCE OF THIS AGREEMENT CITY, UPON WRITTEN REQUEST OF CDC, WILL ADVANCE TO CDC NOT MORE THAN ONE -TENTH (1/10) OF THE TOTAL OF SAID BUDGET ($3,500.00))AT THE DATE OF EXECUTION OF THIS AGREEMENT. -3- I• • VII EITHER CITY OR,CDC MAY CANCEL AND TERMINATE THIS AGREEMENT, WITH OR WITHOUT CAUSE, BY SENDING A WRITTEN NOTICE OF SUCH CANCELLATION TO THE OTHER PARTY HERETO AT THESE ADDRESSES: CITY OF CORPUS CHRISTI CITY HALL CORPUS CHRISTI, TEXAS COMMUNITY DEVELOPMENT CORPORATION OF CORPUS CHRISTI CORPUS CHRISTI, TEXAS SUCH CANCELLATION AND TERMINATION SHALL BE EFFECTIVE AT THE END OF THE PERIOD OF THIRTY CONSECUTIVE DAYS IMMEDIATELY FOLLOWING THE DAY OF PERSONAL DELIVERY OF SUCH NOTICE TO THE ABOVE ADDRESS OR, IN THE EVENT OF MAILING OF NOTICE, THE DAY dF CERTIFIED MAILING OF SUCH NOTICE. VIII THIS AGREEMENT SHALL BECOME EFFECTIVE, AND THE SERVICES HEREIN CONTRACTED SHALL BEGIN, AS OF THE DATE OF EXECUTION HEREOF AND TERMINATE AS OF JULY 31, 1971• EXECUTED IN DUPLICATE ORIGINALS THIS DAY OF , 1970. ATTEST: CITY SECRETARY APPRO)D: ,,kAMES R. RIGGS CITY ATTORNEY CITY OF CORPUS CHRISTI BY- R. MARVIN TOWNSEND CITY MANAGER COMMUNITY DEVELOPMENT CORPORATION OF CORPUS CHRISTI BY HERBERT ALEXANDER, PRESIDENT CHESTER L. WHELESS, VICE- PRESIDENT AND TREASURER STARR POPE, JR., SECRETARY MCIVER FURMAN, CHAIRMAN OF THE BOARD EXHIBIT "A" CDC -CITY HOUSING SERVICE CENTER BUDGET (1) .ATTORNEY, $750.00 PER MONTH (9 MONTHS) (1) REHABILITATION DIRECTOR (PART TIME) $500 PER MONTH (9 MONTHS) (1) SECRETARY $400 PER MONTH (9 MONTHS) (1) ASSOCIATE DIRECTOR $850 PER MONTH (9 MONTHS) FRINGE BENEFITS (10%) OFFICE SPACE & EQUIPMENT RENTAL TELEPHONE SUPPLIES LEGAL, ACCOUNTING, MISCELLANEOUS TOTAL $ 6,750 $ 4,500 $ 3,600 $.7;650 $ 2,250 $ 4,000 $ 400 $ 5,000 $ 850 35,000 • Corpus Christi, Texas day of �ix�ioJfJ, 14 TO THE NEINBERS OF THE 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 th.c 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, 4 ]AYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon /, Cabe Lozano, Sr. V. A. "Dick "Bradley, Jr./ Eduardo E. de Ases Ken McDaniel v W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the following vote: Jack R. Blackmon Cabe Lozano, Sr. V. A. "Dick" Bradley, Jr./ Eduardo E. de Ases Ken McDaniel W. J. ','Wrangler" Roberts Ronnie Sizemore is