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HomeMy WebLinkAbout10291 ORD - 06/09/1971JKH:b -7 -71 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 17110 UNITS OF L.OW -RENT HOUSING IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, THE SAME HAVING BEEN AUTHORIZED OR CONSTRUCTED AND ACQUIRED UNDER CON- TRACTS WITH THE PUBLIC HOUSING ADMINISTRATION, NOW KNOWN AS THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HEREIN CALLED "HUD "), > ALL PURSUANT TO THE UNITED STATES HOUSING ACT OF 1937, 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 3), 1938, APPLICABLE TO PROJ- ECTS DESIGNATED AS TEX -8 -1R, 8 -2R AND 8 -31R, ONE DATED JULY 21 191101 APPLI- 4 r �.� 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 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 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; AND 10291 D WHEREAS, THE LOCAL AUTHORITY AND THE CITY CONTEMPLATING A NEW AGREEMENT WITH THE LOCAL AUTHORITY, CAUSED NOTICE OF SAID INTENTION TO ENTER INTO SAID AGREEMENT TO BE PUBLISHED ON MARCH 16, 1971, AND MARCH 23, 1971, PURSUANT TO ARTICLE 1269 (L), SECTION 7A, VERNON'S REVISED CIVIL STATUTES: 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, MARKED EXHIBIT nAu SECTION 2. THE NECESSITY TO ENTER INTO THE AFORESAID AGREEMENT AT THE EARLIEST PRACTICABLE DATE IN ORDER TO INCORPORATE INTO ONE AGREE- MENT THE TERMS AND CONDITIONS OF THE FIVE SEPARATE COOPERATION AGREEMENTS HERETOFORE ENTERED INTO BETWEEN THE CITY AND THE HOUSING AUTHORITY OF 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 INTRO- DUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE yyi DAY of JUNE, 1971• ATTEST: 0 C � C v S c Er Y MAYOR THE CITY OF COFU CHRISTI, TEXAS APPROVED: 1'ly DAY OF J E, 1 71: Cl ATTORNEY HG:v1aP:6/8/71 AMENDED COOPERATION AGREEMENT THIS AGREEIENT ENTERED INTO THIS DAY OF 1971, DY 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: MIEREAS, THE LOCAL AUTHORITY HAS HERETOFORE BEEN AUTHORIZED TO CONSTRUCT AND OPERATE A TOTAL OF SEVENTEE14 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 DEPART- MENT OF HOUSING AND URBAN DEVELOPMENT, (HEREIN CALLED "HUD "), ALL PURSUANT TO THE UNITED STATES HOUSING ACT, AS AMENDED, (HEREIN CALLED THE "ACT"); AND, WHEREAS, SAID UNITS HAVE BEEN AUTHORIZED IN VARIOUS PROJECTS AT DIFFERENT T114ES AND PURSUANT TO ALL THE APPLICABLE PROVISIONS OF THE ACT, THE LOCAL AUTHORITY AND THE CITY HAVING ENTERED INTO FIVE SEPARATE COOPERA- TION AGREEMENTS, BEING ONE DATED JUNE 30, 1938, APPLICABLE TO PROJECTS DESIGNATED AS TEX -8 -11R, 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 AGREEMENT 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 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 ADDITIO14AL TWO HUNDRED THIRTY (230) UNITS OF LOW —RENT HOUSING SO AUTHORIZED BY HUD; AND , WEREAS, THE LOCAL AUTHORITY AND THE CITY CONTEMPLATING A NEW AGREEMENT WITH THE LOCAL AUTHORITY, CAUSED NOTICE OF SAID INTENTION TO 4111, '% It ENTER INTO SAID AGREEMENT TO BE PUBLISHED 014 MARCH 16, 1971, AND MARCH 23, 1971, PURSUANT TO ARTICLE 1269 (L), SECTION 7A, VERNON'S REVISED CIVIL STATUTES: NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN- AFTER 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 HERETO- FORE OR HEREAFTER DEVELOPED AS ONE OPERATION BY THE LOCAL AUTHORITY WITH FINANCIAL ASSISTANCE OF HUD. A PROJECT WILL GE14ERALLY 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 i•OTAL 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. (D) THE TERM "SLUM" MEANS ANY AREA WHERE DWELLINGS PREDOMINATE WHICH, BY REASON OF DILAPIDATION, OVERCROWDING, 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, MAIN- TAIN 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 CONTRIBUTIONS, AND UNDERTAKE TO DEVELOP AND ADMINISTER ONE OR MORE PROJECTS. -2- 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 CONTRIBU- TIONS, 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 OUTSTANDING, 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 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 PERMI.TTED TO BE PAID BY APPLICABLE STATE LAW IN EFFECT ON THE DATE SUCH PAYMENT IS MADE, WHICHEVER AMOUIJT 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 COMPLE- TION 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) HERE- TOFORE UNDERTAKEN BY THE LOCAL AUTHORITY AND IDENTIFIED AS PROJECTS NOW. -3- 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 DEMOLITION, CONDEMNATION, EFFECTIVE CLOSING, OR COMPULSORY REPAIR OR IMPROVEMENT, OF UNSAFE OR INSANITARY DWELL- ING UNITS SITUATED IN THE LOCALITY OR METROPOLITAN AREA OF THE CITY SUBSTAN- TIALLY 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 14UMBER OF FAMILIES ACCOMMODATED 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 ACQUISITIO14 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 CONTRIBU- TIONS, 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 LONGEST, 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 WITHOUT 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 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 DRAIN- AGE AND SEWER SERVICES FOR SUCH PROJECT; AND (II) ALSO SUCH ADDITIONAL -4- PUBLIC SERVICES AND FACILITIES AS MAY FROM TIME TO TIME HEREAFTER BE FURNISHED WITHOUT COST OR CHARGE TO OTHCR DWELLINGS AND INHABITANTS IN THE CITY; (B) VACATE SUCH STREETS, ROADS AND ALLEYS WITHIN THE AREA OF SUCH PROJECT AS THE CITY COUNCIL DETERMINES 14AY BE NECESSARY IN THE DCVELOPMENT THEREOF, AND CONVEY WITHOUT CHARGE TO THE LOCAL AUTHORITY SUCH INTEREST AS THE CITY MAY HAVE IN SUCH VACATED AREAS; ANDS INSOFAR AS IT IS LAWFULLY ABLE TO DO SO WITHOUT 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 INCLUD- ING "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 + s (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 ADMINISTRATION OF SUCH PROJECT. 7. IN RESPECT TO ANY PROJECT THE CITY FURTHER AGREES 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 EXPENSES 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 FORS 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 ICJ IT WILL PROVIDE, OR CAUSE TO BE PROVIDED WATER MAINS, AND STORM AND SANITARY SEWER FACILITIES, LEADING TO SUCH PROJECT AND SERVI14G 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). H. IF THE CITY SHALL WIT14IN 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 HOUS- ING PROJECTS ASSISTED OR.OWNED BY HUD. 9. NO COOPERATION AGREEMENT HERETOFORE ENTERED INTO BETWEEN THE CITY AND THE LOCAL AUTHORITY SHALL BE CONSTRUED TO APPLY TO ANY PROJECT COVERED BY THIS AGREEMENT. 10. SO LONG AS A14Y CONTRACT BETWEEN THE LOCAL AUTHORITY AND HUT) 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 OUTSTANDING THIS AGREEMENT SHALL NOT BE ABROGATED CHANGEDp 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 BODY OR GOVERNMENTAL AGENCYj INCLUDING HUD AUTHORIZED BY LAW TO ENGAGE IN THE DEVELOPMENT OR ADMINISTRATION OF LOW -RENT HOUS114G PROJECTS. IF AT ANY TIME THE BENEFICIAL TITLE TO, OR POSSESSION OFD 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 BYE SUCH OTHER PUBLIC BODY OR GOVERNMENTAL AGENCY INCLUDING HUD. -6- IN WITNESS WEREOF, THE CITY AND LOCAL AUTHORITY HAVE RESPECTIVELY CAUSED THIS AGREEMENT TO DE 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 CHAIRMAN APPROVED AS T LEGA ORM: i JAMES R. RlGCS CITY ATTORNEY CITY OF CORPUS CHRISTI 6 CORPUS CHRISTI, TEXAS Cj� DAY OF -" , 19 ! TO 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, V � MAYOR THE CITY OF CO U CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING �VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. r J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ CGG/.eJ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR.y� U. HOWARD STARK v