HomeMy WebLinkAbout11054 ORD - 08/23/1972• JRR:E:8/23/72
TEXAS:
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,
SECTION 1, The City Manager be, and he is hereby, authorized
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-
city 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 -9,31 day of August, 1972.
ATTEST:
/�Ki —I
City Secrets
AP-:
y of AUGUST 1972:
My tt'
ney
MAYOR iro
, THE CITY OF CORPUS CHRISTI, TEXAS
111(054
• JRR:e:8/23/72 •
THE STATE OF TEXAS X
COUNTY OF NUECES X
DE IT MIMERED T11AT:
MIEREAS, 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 ME 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 C0101UNI^1Y DEVELOP:IENT, are mutually desirous
.of planning and constructing 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 mimed or personal property,.
tekgibie or intangible, furnish outright grants, loans or investments to
either public authorities or private individuals and corporations and to
eater 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. li., 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 her
NOW, THEREFORE, FOR AND IN CONSIDERATION ON THE COVENANTS,
TERMS, AND UNDERTAKINGS EXPRESSED, 14ITNESS 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 C%1MUNITY
DEVELOPMENT CORPORATION OF CORPUS CHRISTI, a non - profit corporation under
the laws of the State of Texas, hereinafter referred to as CDC.
WITHESSETH:
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 adequate 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 non - profit and public agencies involved in rental and sale housing,
prescribing the elements that are required for a comprehensive short and
long range housing plan.
$. 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,
except as expressly prohibited or excluded by the terms of III. D. hereof.
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,
mw=
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 circumstances 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 speaking 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-
tiom 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 "}lousing 1970" identifying 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.
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T
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 furnished 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. The City shall pay to'CDC for performance of this agreement an
amount not to exceed $25,000, this amount representing approximately 78% of
the budget as stated in Section I, Exhibit "B ". The City's monthly payment is
L
not to exceed 78% of the total monthly expenditures by CDC of those items appear-
ing in Section I, Exhibit "B" or $2,083 whichever is less. Exhibit "B" 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
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.'
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
'4-
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. The total annual City financial participation is
limited to $25,000, $2,083 of which has been previously advanced
to CDC.
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 Manager
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78408
Community Development Corporation
of Corpus Christi
317 Peoples Street, Suite 1013
Corpus Christi, Texas 78401
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 date of certified mailing of
such notice.
This agreement shall become effective as of August 1,
1972 and the services herein contracted shall begin, as of that date
and terminate as of July 31, 1973.
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EXECUTED IN DUPLICATE ORIGINALS, this the day
of . 1972.
ATTEST: CITY OF CORPUS CHRISTI
By
City Secretary R. Marvin Townsend, City Manager
APPROVED: 8/23/72
City Attorney
Director of Finance COMMUNITY DEVELOPMENT CORPORATION
OF CORPUS CHRISTI
Director of Urban Development By
Celso C. Rodriguez, President
George E. Clower, Jr., Vice - President
Amador C. Garcia, Secretary
Charlie Richard Perrin, Treasurer
James M. Williams, Executive Director
ARTICLE IV
f rom
ARTICLES OF INCORPORATION
of
COXVUNITY DEVELOPMENT CORPORATION OF CORPUS CHRISTI
The corporation is organized solely for charitable and'educational purposes
as those terms are defined under Section 501(c)(�) of the Internal Revenue Code of
1954 (or the corresponding provision of any future United States Internal Revenue
Law). In this regard, its purposes will be to furnish assistance to projects and
undertakings for the improvement of the public peace, health and safety, civic de-
velopment and public welfare in the Corpus Christi metropolitan area of South
Texas, and to participate in programs for the elimination of slum conditions and
in urban redevelopment and other projects conducive to the progress of the commun-
ity as such relate to adequate housing and elimination of slum conditions for per-
sons with low and.moderate income, and In connection therewith to do the following:
(a) Acquire, improve, hold, or dispose of.land and real property and any
interest therein;
(b) Acquire, hold or dispose of funds and other property, real or personal,
tangible or intangible; "
(c) Make outright grants, loans or investments of its funds or property to
.either public authorities or private Individuals and corporations In furtherance
of its stated purposes, and to enter into contracts with public authorities, pri-
-vate persons; firms or corporations in connection therewlth;
(d) To carry on any activity for the purposes above stated, either directly
or as agent, for or with other persons, firms or corporations, or in whole or in
part through or by means.of.any other person, firm or corporation, and generally
to do any and all further and other things which may be necessary or incidental to
X//-/.8 /T
the purposes above stated, including 1ho construction of Improvements upon real
property of tho corporation or of others and the renting or leasing, sale or on-
cumbrance of real, personal or mixed property acquired by it, or the outright
'grant of any such property without consideration but in furtherance of said pur-
poses.
No part of the not earnings of the corporation shall inure to the benefit
.of or be distributable to Its members, officers, or other private persons, except
that the corporation shall be authorized and empowered to pay reasonable compen-
sation for services rendered and to make payments and.distributlons In further-
ance of thb purposes set forth In this article. No substantial part of the acti-
vities of the corporation shall be the carrying on of propaganda,'or otherwlse
attempting, to influence legislation, and the corporation shall not participate
In, or intervene In (including the publishing or distribution of statements) any
polltltal campaign on behalf of any candidate for public office. Notwithstanding
any other provision.of these articles, the corporation shall not carryon any
other activities not permitted to be carried -On' (a) by a corporation exempt from
Federal income 'tax under Section 501(c)(3) of the Internal Revenue Code of 1954
(or.the corresponding provision of any future United States Internal Revenue 'Law)
or -W by a corporation, contributions to which are deductible under Section
170(c)(2) of the Internal Revenue Code of 1954 (or�the corresponding provision of
any future United States Internal Revenue Law.)
A'--X //1,B/T " "
Community Development Corporation of Corpus Christi
1972 -1973 Budget
ror Budget Year Ending July
31 1973
Section 1
Expenses:
Salaries:
Executive Director
$11,400,00
Housing representative for counselling
7,200.00
Secretarial services
4,800.00
Automobile allowances
1,245.00
Employee benefits
2,480.00
Office Space
1,620.00
Equipment
1,000.00
Supplies
1,000.00
Telephone and postage
1,100.00
Dues and subscriptions
300.00
Subtotal
$32,145,00
Section 2
Convention and travel
$ 600,00
Housing conference
1,500,00
legal and audit and bond
2,000.00
Contingency
600.00
Advertising and public relations
400.00
Subtotal
$ 5,100.00
Total
$37,245.00
Section 3
To be funded by:
City participation
$25,000.00
Revenue -from projects and
member contributions
123245.00
Total
$37,245.00
City participation will be limited to the twelve (12) month period beginning
August 1, 1972 and ending July 31, 1973.
EXHIBIT "B"
CORPUS CHRISTI, TEXAS
DAY OF , 19Z
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; 1, THEREFORE,
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT ANO.PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE
CITY COUNCIL. -
RESPECTFULLY,
OR iXO �rnJ
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
RONN I E S I ZEMORE
- CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GO NZALES
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