Loading...
HomeMy WebLinkAbout10061 ORD - 01/06/1971BJW:12 /15/70 • . • . ' i AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AMENDED COOPERATION AGREEMENT WITH THE HOUSING AUTHORITY OF THE CITY OF CORPUS CHRISTI FOR THE CON- STRUCTION AND OPERATION OF LOW -RENT HOUSING IN THE CITY OF CORPUS CHRISTI, TEXAS, 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. WHEREAS, THE HOUSING AUTHORITY OF THE CITY OF CORPUS CHRISTI HAS HERETOFORE BEEN AUTHORIZED TO CONSTRUCT AND OPERATE A TOTAL OF 1740 UNITS OF LOW -RENT HOUSING IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, ? 0IL {� THE SAME HAVING BEEN AUTHORIZEDA CONSTRUCTED AND ACQUIRED UNDER CONTRACTS i2 - /(p WITH THE PUBLIC HOUSING ADMINISTRATION, NOW KNOWN AS THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, (HEREIN CALLED "HUD"), ALL PURSUANT TO THE NATIONAL HOUSING ACT, AS AMENDED, (HEREIN CALLED THE "ACT "; AND WHEREAS, SAID UNITS HAVE BEEN AUTHORIZED IN VARIOUS PROJECTS, AT DIFFERENT TIMES AND PURSUANT TO ALL THE APPLICABLE PROVISIONS OF THE ACT, THE LOCAL AUTHORITY AND THE CITY HAVING ENTERED INTO FIVE SEPARATE COOPERATION AGREEMENTS, BEING ONE DATED JUNE 30, 1938, APPLICABLE TO PRO- JECTS DESIGNATED AS TEx -8 -1R, 8-2R AND 8 -3R, ONE DATED JULY 2, 1940, APPLI- CABLE TO A PROJECT DESIGNATED AS TEx -8 -4, ONE DATED JUNE 1, 1951, APPLICABLE TO PROJECTS DESIGNATED AS TEx -8-6 AND TEx -8 -7, ONE DATED DECEMBER 20, 1949, APPLICABLE TO A PROJECT DESIGNATED AS TEx -8-5, AND ONE AMENDED COOPERATION AGREEMENT DATED JULY 122 1963, APPLICABLE TO ALL OF SAID PROJECTS AND TO A PROJECT NOW DESIGNATED AS TEx -8-8; AND WHEREAS, THE LOCAL AUTHORITY HAS BEEN AUTHORIZED BY HUD TO CON- STRUCT TWO HUNDRED THIRTY (230) UNITS OF LOW -RENT HOUSING IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS AS EMERGENCY HOUSING RESULTING FROM THE DESTRUCTION OF HOUSING DUE TO HURRICANE CELIA; AND WHEREAS, THE LOCAL AUTHORITY AND THE CITY DESIRE TO AMEND ALL OF SAID AGREEMENTS, INCORPORATE THE SAME INTO ONE AGREEMENT, TO AUTHORIZE THE ADDITIONAL TWO HUNDRED THIRTY (230) UNITS OF LOW -RENT HOUSING SO AUTHORIZED BY HUD: 10OGi NOW, THEREFORE, 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 AN AMENDED COOPERATION AGREEMENT WITH THE HOUSING AUTHORITY OF THE CITY OF CORPUS CHRISTI FOR THE CONSTRUCTION AND OPERATION OF LOW -RENT HOUSING IN THE CITY OF CORPUS CHRISTI, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT,A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION Z. THE NECESSITY TO ENTER INTO THE AFORESAID AGREEMENT AT THE EARLIEST PRACTICABLE DATE IN ORDER TO INCORPORATE INTO ONE AGREEMENT THE TERMS AND CONDITIONS OF THE FIVE SEPARATE COOPERATION AGREEMENTS HERETO- FORE ENTERED INTO BETWEEN THE CITY AND THE HOUSING AUTHORITY OF THE CITY OF CORPUS CHRISTI CREATES A PUBLIC EMERGENCY AND 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 ORDI- NANCE 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 ORDI- NANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AD AFTER ITS PASSAGE, IT IS ACCORDINGLY SO 1 ORDAINED, THIS THE G DAY 0 , ATTEST: CITY SECRETARY R l THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: DAY OF , 1970: /. Z'4 +--�� CITY TTORNEY • AMENDED COOPERATION AGREEMENT THIS AGREEMENT entered into this day of 1971, by and between the Housing Authority of the City of Corpus Christi, (herein called the "Local Authority "), and the City of Corpus Christi, Texas, (herein called the "City ") and for such WITNESSETH that: WHEREAS, the Local Authority has heretofore been authorized to construct and operate a total of Seventeen Hundred Forty (1740) units of low -rent housing in the City of Corpus Christi, Nueces County, Texas, the same having been authorized, constructed and acquired under contracts with the Public Housing Administration, now known as the United States Department of Housing and Urban Development, (herein called "HUD "), all pursuant to the National Housing Act, as amended, (herein called the "Act "); and, WHEREAS, said units have been authorized in various projects at different times and pursuant to all the applicable provisions of the Act, the Local Authority and the City having entered into five separate Cooperation Agreements, being one dated June 30, 1938, applicable to projects designated as TEX -8 -1R, 8 -2R and 8 -3R, one dated July 2, 1940, applicable to a project designated as TEX -8 -4, one dated June 1, 1951, applicable to projects designated as TEX -8 -6 and TEX -8 -7, one dated December 20, 1949, applicable to a project designated as TEX -8 -5, and one Amended Cooperation Agreemenc dated July 12, 1963, applicable to all of said projects and to a project now designated as TEX -8 -8; and, WHEREAS,.the Local Authority has been authorized by HUD to.construct two hundred thirty (230) units of low -rent F • housing in the City of Corpus Christi, Nueces County, Texas as Emergency Housing resulting from the destruction of housing due to Hurricane Celia; and, WHEREAS, the Local Authority and the City desire to amend all of said agreements, incorporate the same into one agreement, to authorize the additional two hundred thirty (230) units of low -rent housing so authorized by HUD: NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, and in order to incorporate all prior agreements into one instrument, the Local Authority and the City do agree: 1. Whenever used in this agreement: (a) The term "Project" shall mean any low -rent housing heretofore or hereafter developed as one operation by the Local Authority with financial assistance of HUD. A Project will generally be located on a single site, but may be on scattered sites. (b) The term "Taxing Body" shall mean the State or any political subdivision or taxing unit thereof (including the City) in which a Project is situated and which would have authority to assess or levy real or personal property taxes or to certify such taxes to a taxing body or public officer to be levied for its use and benefit with respect to a Project if it were not exempt from taxation. (c) The term "Shelter Rent" shall mean the total of all charges to all tenants of a Project for dwelling rents and non - dwelling rents (excluding all other income of such Project), less the cost to the Local Authority of all dwelling and non - dwelling utilities. -2- • (d) The term "Slum" means any area where dwellings predominate which, by reason of dilapidation, over- crowding, faulty arrangement or design, lack of ventilation, light or sanitation facilities, or any combination of these factors, are detrimental to safety, health or morals. 2. The Local Authority is hereby authorized to construct, maintain and operate a total of nineteen hundred seventy (1970) units of low -rent housing in the City of Corpus Christi, Nueces County, Texas. 3. The Local Authority shall endeavor to secure a contract or contracts with HUD for loans and annual con- tributions, and undertake to develop and administer one or more Projects. 4. Under the constitution and statutes of the State of Texas, all Projects are exempt from all real and personal property taxes levied or imposed by any Taxing Body; and, with respect to any Project, so long as either (a) such Project is used for low -rent housing purposes, or (b) any contract between the Local Authority and HUD for loans or annual contributions, or both, in connection with such Project shall remain in force and effect, or (c) any bonds issued in connection with such Project shall remain out- standing, whichever period is the longest, the City agrees that it will not levy or impose any real or personal property taxes upon such Project or upon the Local Authority with respect thereto. During such period, the Local Authority shall make annual payments (herein called "Payments in Lieu of Taxes ") in lieu of such taxes and in payment for public services and facilities furnished for or with respect to such Project. Each -3- such annual Payment in Lieu of Taxes shall be made at the time when real property taxes on such Project would be paid if it were subject to taxation, and shall be in an amount equal to either (a) ten per cent (10 %) of the aggregate Shelter Rent collected, but in no event to exceed the Shelter Rent charged by the Local Authority in respect to such Project during the tax year for which such payment is made, or (b) the amount permitted to be paid by applicable state law in effect on the date such payment is made, whichever amount is the lower; provided, however, that upon failure of the Local Authority to make any such Payment in Lieu of Taxes, no lien against any Project or assets of the Local Authority shall attach. Provided, further, that no payment for any year shall be made to the City in excess of the amount of the real property taxes which would have been paid to the City for such year if the Project were not exempt from taxation. 5. The City agrees that, subsequent to the date of initiation (as defined in the Act) of each Project and within five years after the completion thereof, or such further period as may be approved by the HUD, and in addition to the number of unsafe or insanitary dwelling units which the City is obligated to eliminate as a part of the low -rent housing project(s) hereto- fore undertaken by the Local Authority and identified as Projects No(s). TEX -8 -1R, 8 -2R, 8 -3R, 8 -4, 8 -5, 8 -6, 8 -7 and 8- 8,,there has been or will be elimination (as approved by HUD) by demoli- tion, condemnation, effective closing, or compulsory repair or improvement, of unsafe or insanitary dwelling units situated in the locality or metropolitan area of the City substantially -4- equal in number to the number of newly constructed dwelling units provided by such Project; provided, that, where more than one family is living in an unsafe or insanitary dwelling unit, the elimination of such unit shall count as the elimination of units equal to the number of families accomodated therein; and provided, further, that this paragraph 4 shall not apply in the case of (a) any Project developed on the site of a Slum cleared subsequent,to July 15, 1949, and that the dwelling units eliminated by the clearance of the site of such Project shall not be counted as,elimination for any other low -rent housing project. 6. During the period commencing with the date of the acquisition of any part of the site or sites of any Project and continuing so long as either (a) such Project is used for low -rent housing purposes, or (b) any contract between the Local Authority and HUD for loans or annual contributions, or both, with respect to such Project shall remain in force and effect, or (c) any bonds issued in connection with such Project shall remain outstanding, whichever period is the long- est, the City, without cost or charge to the Local Authority or the tenants of such Project (Other than the Payments in Lieu of Taxes) shall in accordance with the provisions of the City Charter: (a) Furnish or cause to be furnished to the Local Authority and the tenants of such Project (i) the public services and facilities which are,at the date hereof being furnished with- out cost or charge to other dwellings and inhabitants in the City, including but not limited to: fire, police and health protection and services; maintenance and repair of -5- public streets, roads, alleys, sidewalks, sewer and water systems; garbage and trash collection and disposal; street lighting on public streets and public roads within such Project and on the boundaries thereof; and adequate drainage and sewer services for such Project; and (ii) also such addi- tional public services and facilities as may from time to time hereafter be furnished without cost or charge to other dwellings and inhabitants in the City; (b) Vacate such streets, roads and alleys within the area of such Project as the City Council determines may be necessary in the development thereof, and convey without charge to the Local Authority such interest as the City may have in such vacated areas; and, insofar as it is lawfully able to do so with out cost or expense to the Local Authority and /or to the City, cause to be removed from such vacated areas, insofar as it may be necessary, all public or private utility lines and equipment; (c) Accept applications for zoning and platting changes, Board of Adjustment variance applications, and Board of Building Code Appeals without charge to the Local Authority and support such applications to the fullest extent substantially consistent with the City's Comprehensive Plans, including "Master" Plans and Street Plans, and the public health, safety, and welfare of the districts adjacent to such Projects and proposed Projects; (d) Accept grants of easements necessary for the development of such Project; and (e) Cooperate with Local Authority by such other lawful action or ways as the City and the Local Authority may find necessary in connection with the development and adminis- tration of such Project. 7. In respect to any Project the City further agrees -6- 0 within a reasonable time after receipt of a written request therefor from the Local Authority: (a) It will accept the-dedication of all interior streets, roads, alleys and parkways within the area of such Project after the Local Authority, at its own expense, has completed the grading, improvements, and paving thereof in accordance with the specifications acceptable to the City; and (b) It will accept necessary dedications of land for, and will grade, improve, pave and provide sidewalks for, all streets bounding such Project or necessary to provide adequate access thereto (in consideration whereof the Local Authority shall pay to the City such amount as would be assessed against the Project site for such work if it were privately owned); and (c) It will provide, or cause to be provided, water mains, and storm and sanitary sewer facilities, leading to such Project and serving the bounding streets thereof (in consideration whereof the Local Authority shall pay to the City such amount as would be assessed against the Project site if it were privately owned). B. If the City shall, within a reasonable time after written notice from the Authority, fail or refuse to furnish or cause to be furnished any of the services or facilities which it is obligated hereunder to furnish or cause to be furnished to the Local Authority or to any Project, then the Local Authority may proceed to obtain such services or facilities elsewhere, and deduct the cost therefor from any Payments in Lieu of Taxes due or to become due to the City in respect to any Project or any other low -rent housing projects assisted or owned by HUD. . ® -7- 9. No Cooperation Agreement heretofore entered into between the City and the Local Authority shall be con- strued to apply to any Project covered by this Agreement. 10. So long as any contract between the Local Authority and HUD for loans (including preliminary loans) or annual contributions, or both, with respect to any Project shall remain in force and effect, or so long as any bonds issued in connection with such Project shall remain out- standing, this Agreement shall not be abrogated, changed, or modified without the consent of HUD. The privileges and obligations of the City hereunder shall remain in full force and effect with respect to each Project so long as the beneficial title to such Project is held by the Local Authority or some other public body or governmental agency, including HUD, authorized by law to engage in the development or adminis- tration of low -rent housing projects. If at any time the beneficial title to, or possession of, any Project is held by such other public body or governmental agency, including HUD, the provisions hereof shall inure to the benefit of and may be enforced by, such other public body or governmental agency, including HUD. IN WITNESS WHEREOF, the City and Local Authority have respectively caused this agreement to be duly executed as of the day and year first above written. ATTEST: CITY OF CORPUS CHRISTI, TEXAS BY CITY SECRETARY CITY MANAGER ATTEST: HOUSING.AUTHORITY OF THE CITY OF CORPUS CHRISTI SECRETARY BY APPROVED AS TO LEGAL FORM: CHAIRMAN JAMES R. RIGGS, CITY ATTORNEY CITY OF CORPUS CHRISTI Corpus Christi; as day o 19 %1 .T0 THE MEMBERS 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 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, OR 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. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts 1L/ 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 Ronnie Sizemore Q,te too 6! PUBLISHER'S AFFIDAVIT -- _ -- 69,TATE OF TEXAS, 1�: %County of Nueces. J Before me, the undersigned, a Notary Public, this day personally came....._ -..-Island . ....... _ who being first duly sworn, according to law, says that he is the - -_C] geegd._D16Aggei•— .__.._._..___... of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of TLeg--al_- Public. Np #i e n i q gfq��,en - enter�neger ti nn ag *ailment between tie City oP C. and the Housing Authority-- - of which the annexed is a true copy, was published in Turns --•• •-- - -- on thel?.—h day of. ...... _.._M_4rvJh_..___. 19.U.., and once each.... On _.__..thereafter for_�1IlB evnseeauee. motes .Sims. ati Marnh. -23 , 19719 me Subscribed and sworn to before me this-.23rd ..— day of__�_MBrCh•._.— ....... 19_ZL Louise Vick Notary Public, Nuecea County, ease GIVEN UNDER MY HAND AND Iii IIIIL SEAL of tlta Clly al Corpua Chrlsll, Tecm, thls 12th tloy o! Mvrch, 1411. Isl T. Ra C Krinp CHy Se story Clty o! Carpus Chrlsll, Term (SEAL) (d7 I