HomeMy WebLinkAbout10772 ORD - 03/22/1972JRR:jkh:3 -22 -72
I
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH COMMUNITY DEVELOPMENT_ CORPORATION
OF CORPUS CHRISTI FOR PLANNING AND CONSTRUCTING
OF LOW -INCOME AND LOWER MIDDLE -INCOME HOUSING IN
THE CITY OF CORPUS CHRISTI, ALL AS MORE FULLY SET
FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED
HERETO, MARKED EXHIBIT "A ", 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. The City Manager be, and he is hereby, a:thorized
and directed to enter into a contract, for and on behalf of the City of
Corpus Christi, with Community Development Corporation of Corpus Christi
for the planning and constructing of low- income and lower middle- income
housing in the City of Corpus Christi, all as more fully set forth in the
contract, a copy of which is attached hereto, marked Exhibit "A ", and
made a part hereof.
,SECTION 2. The necessity to enter into the aforesaid agreement
at the earliest practicable date in order that adequate housing may be
:;
' provided for low- income and lower middle- income families in the City of
Corpus Christi creates a public emergency and an imperative.public neces-
sity 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 theeoo�otceeaay of March, 1972.
ATTEST:
City Secret r MAYOR 'M� ,
THE CITY OF CORPUS CHRISTI, TEXAS
VED:
D Y OF H, 72:
y Attorn y
A -
JRR:ikh:3 -21 -72
THE STATE OF TEXAS X
COUNTY OF NUECES X
BE IT REMEMBERED THAT:
WHEREAS, the City of Corpus Christi, a home -rule city, municipal
corporation and body politic under the laws of the State of Texas, herein-
after called THE CITY, and Community Development Corporation of Corpus
Christi, a non - profit corporation organized under the laws of the State
of Texas, solely for charitable and educational purposes as those terms
are defined under Section 501 (c) 3, Internal Revenue Code, 1954, as
amended, hereinafter called COMMUNITY DEVELOPMENT, are mutually desirous
of planning and construcint low- income and lower middle- income single and
multi - family housing, as those terms are generally understood in U.S.
Department of Housing and Urban Development usage, within the corporate
limits of the City of Corpus Christi, Texas; and
WHEREAS, Community Development, under Article IV of its Articles
of Incorporation, is expressly empowered to, among other things, acquire,
hold or dispose of land, funds, or other mixed or personal property,
tangible or intangible, furnish outright grants, loans or investments to
either public authorities or private individuals and corporations and to
enter into contracts with public authorities for the furtherance of the
foregoing stated purposes, including renting, leasing, sale or encumbrance
of residential house; and
WHEREAS, the City is empowered, under Art. 11, Sec. 5, Texas
Constitution, Article 1175 generally, and City Charter Art. IX, Sec. 1,
particularly but without limitation, to contract for the promotion of
the public welfare, health and safety in furtherance of necessary and
proper use and occupancy of property of the City [Art. IX, Sec. 6 (a)]
and to promote in reasonable connection therewith the quality and quantity
of the aforementioned housing available in the City, there being, this
Council finds, a genuine need therefor in the City at this time, and that
Community Development is a proper agency to'serve as the City's independent
contractor hereunder for the purposes heretofore expressed herein:
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE COVENANTS,
TERMS, AND UNDERTAKINGS EXPRESSED, WITNESS THIS CONTRACT entered into
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, hereinafter referred to as CDC.
WITNESSETH:
I
For the purpose of assisting the City in the performance of its
responsibilities for improving the urban environment, particularly, but not
limited to providing adgquate safe and sanitary housing for low and moderate
income families, CDC hereby undertakes and agrees to render the personal
and professional services herein described upon the terms and conditions
hereof.
II
A. As a fundamental policy, it is mutually agreed that assistance
will be available to all organizations that wish to be considered as non-
profit sponsors and to any private individual seeking a personal residence
for himself and /or his family for all types of individual and multi - family
projects in all sections of the City with special consideration being given
to reorienting growth patterns which now tend to segregate people by
socio- economic levels.
B. Non - Discrimination. CDC will not discriminate against any
person because of race, color, religion, sex or national origin.
III '
A. CDC agrees to establish and operate a housing information.
and service center designed to define and catalog the activities of the
private and public agencies involved in rental and sale housing, prescribing
the elements that are required for a comprehensive short and long range
housing plan.
B. Article IV of the Articles of incorporation of CDC is included
as Exhibit "A" to further describe the work program to be undertaken by CDC.
C. It is expressly understood and agreed that money paid by the
City under this contract shall not be expended for any use, purpose, cause,
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or item whatsoever that is not directly related to the supply of housing as
heretofore described.and, to this end, may be, with such limitations, expended
only in such construction financing and /or for the salaries of the CDC
Executive Director, Housing Representative for Counseling, and Secretarial
Services, not exceeding the total sum stated herein, in all events, for
actual services, as shown by a monthly report of CDC construction funding
and activity as more fully set forth in Paragraph V hereof, as well as
accounts of receipts from the City and the expenditures thereof, in such
written forms as the Corpus Christi City Manager may from time to time
direct, filed with said City Manager not later than ten (10)'days after
the first day of each month, such reports to accurately reflect the previous
month's hours and activities as hereinbefore specified.
D. Under no circums #antes shall any portion of said total sum
be expended, directly or indirectly, for the carrying on of information
programs designed to develop public opinion about policy questions which
have not received affirmative action by the appropriate public body, or
attempting to influence legislation, or for any political campaign whatever,
or for the financing of any spsaking engagements, or for any social functions
or parties, or in contravention of any law. -The determination by the Corpus
Christi City Attorney of a contravention of law, for purposes of administra-
tion of this contract, shall be final.
IV - -
Such formal statements as are enumerated below that have been jointly
approved by the City Council and the U. S. Department of Housing and Urban
Development (HUD) will serve as the guidelines in the preparation of the
housing plan, including the following: -
1. The Workable Program for Community Improvement as approved
September 15, 1971;
2.
The Annual Arrangements Agreement approved February 17, 1972;
3.
An analysis of the Corpus Christi Housing Market prepared and
published by the Federal Housing Administration of HUD in
March 1971;
4.
Report titled "Housing 1970" iddntifying selected categories
from the 1970 Census prepared by the Coastal Bend Regional
Planning Commission and published in July 1971;
5.
When available, the reports and recommendations prepared for the
Community Renewal Plan for which a HUD Grant has been approved.
- _ " - _• .. :. . -. _ ^ -, r - .- '.!'/`^wl�'^. cwt- •."�'t'sT^- ^T- J`�$ °- .+� -....V ".G.�v. _ «.• .-... -_•_ _. .. h Ir^A
V
CDC shall render a written report at least once a month for the pre-
ceding month's activity to CITY's Council and.City Manager of the expenditures
made, the number of applicants received, processed, and referred, the number
and type of housing placements made, loans or income supplements arranged,
and such other information pertinent to this Agreement or as the City Manager
may from time to time request. A report of net expenditures for this program
shall be furnnshed CITY no later than the twentieth day of the ensuing month,
VI
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,
VII
A. City shall pay to CDC for performance of this Agreement those
sums of money, representing approximately 74% of the terms and schedule
herein set forth and as stated in Section I of the attached Budget, but
not to exceed $2798 monthly as identified in- Exhibit "B ", which Exhibit is
by this 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 certification of the Executive Director and the CDC Treasurer
that all expenditures for which-such payment reimbursement is requested were
y made solely in performance of this Agreement.
C. CITY payments to CDC shall, for any one month, not exceed an
amount equal'to the total contract expenditures of the preceding month.'
Y 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, equipment, printing services or.other property or services when
it is determined by CITY that it can obtain such property or services at
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1
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 Agreement,
title to all unexpended property (machines, equipment, and unused supplies
and materials) purchased by CITY for CDC under this subparagraph D., 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 by the Board of
Directors of CDC.
F. Expenditures or charges prior to date of execution of this
Agreement shall not be paid by CITY. For initial working capital in further-
ance of this Agreement City, upon written request of CDC, will advance to
CDC not more than one - twelfth (1/12) of the total of said Budget ($2798. 00)
at the date of execution of this Agreement.
I%
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
3105 Leopard, Rm. 37
Corpus Christi, Texas.
Such cancellation and termination shall be effective at the end of the period
of thirty consecutive days immediately following the date of personal
delivery of such notice to the above address or, in the event of mailing of
notice, the day of certified mailing of such notice.
This agreement shall become effective, and the services herein
contracted shall begin, as of the date of execution hereof and terminate as
of July 91, 1972, or upon the expiration of five (5) months, whichever date
occurs first.
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EXECUTED IN DUPLICATE ORIGINALS, this the
1972
ATTEST:
City Secretary
A
PP VED:
-� 7�
Ci Attorney
Director of Finance
Director of Urban Development
CITY OF CORPUS CHRISTI
By.
R. Marvin Townsend
City Manager
day of ,
COMMUNITY DEVELOPMENT CORPORATION
OF CORPUS CHRISTI
By.
Celso C. Rodriguez, President
George E. Clower, Jr., Vice - President
Amador C. Garcia, Secretary
Charlie Richard Perrin, Treasurer
CORPUS CHRISTI, TEXAS
=14-h.DAY OF , 1 j�
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,
r ,
C-'YOR
THE CITY OF CORPUS CHRISTI,_ TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH `
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK