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Home My WebLink About12236 ORD - 08/21/1974JRR:MLM:e:hb:8 /20/74: 1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED CONTRACT WITH THE UNITED STATES DEPART- MENT OF HOUSING AND URBAN DEVELOPMENT WHICH PROVIDES FOR $149,000 ADDITIONAL FUNDS FOR CONTINUATION OF THE CODE ENFORCEMENT PROGRAM UNDER TITLE I OF THE HOUSING ACT OF 1949, AS AMENDED, IN THE AIRPORT AND LEXINGTON SUBDIVISION AREAS, BEING CONTRACT NO. TEX E -21 (G), BRINGING THE TOTAL FEDERAL SHARE TO $1,049,596, A COPY OF SAID AMENDMENT BEING ATTACHED HERETO, MARRED EXHIBIT "A ", AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute an amended contract with the United States Department of Housing and Urban Development which provides for $149,000 additional funds for continuation of the Code Enforcement Program under Title I of the Housing Act of 1949, as amended, in the Airport and Lexington Subdivision areas, being Contract No. TEX E -21 (G), bringing the total Federal share to $1,049,596. A copy of said amended contract is attached hereto, marked Exhibit "A ", and made a part hereof for all pertinent purposes. SECTION 2. That the necessity to authorize the execution of the hereinabove described amended contract so that this program can continue in an orderly manner 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 intro- duction 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, having requested the suspension of the Charter rule and that this ordinance take effect and be in full force and effect fry and after its passage, IT IS ACCORDINGLY SO ORDAINED this the day of August, 1974. ATTEST: Secre ary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 4'Lm� '� APPROVED: �� DAY nOF AUGUST, 1974: I =M. ASST.City Attorney- 12 142 �' 3P, UNITED STATES OF AMERICA DEPARTMENT OF 11OUSING AND URBAN DEVELOPMENT FIRST AMENDATORY CONTRACT AMENDING CONTRACT NO. Tex. E -21(G) FOR PROJECT NO. Tex. .E -21 THIS First Amendatory Contract, made_ and entered into on the date herein below specified, by and between the City of Corpus Christi (herein called the "Applicant ") and the United States of America (herein called the "Government "), WITNESSETH: WHEREAS the Parties hereto entered into that certain Grant Agreement No. _ E -21(G) dated the 5th day of _ September, 1972 , (herein called the "Existing Contract "), and the Parties now desire to amend the Existing Contract: NOW, THEREFORE', in consideration of the mutual covenants, promises, and representations contained herein and in the Existing Contract, the Parties hereto agree as follows: I. The Existing Contract is hereby amended as follows: a. By exsci.nding from Section 5 of Part I thereof the amount Three Hundred Eighty Eight Thousand Five Hundred Ninety Six Dollars ($388,596.00) and inserting in lieu thereof the amount Five Hundred Seven Thousand Five Hundred Ninety Six Dollars ($507.596.00). b. By exscinding from Section 7(a) of Part I thereof the amount Five Hundred Twelve Thousand Dollars (5512,000.00) and inserting in lieu thereof the amount Five Hundred Forty Two Thousand Dollars'($542,000.00). c. By exscinding from Section 8 of Part I thereof the amount Ten Thousand Seven Hundred Thirty Six Dollars ($10,736.00) and inserting in lieu thereof the amount Eleven Thousand Five Hundred Sixty Seven Dollars ($11,567.00). 2. The following Special Conditions are hereby made a part of the Existing Agreement: Implementation of Clean Air Act and Federal Water Pollution Control Act. Notwithstanding any other provision of the Contract, the Local Public Agency hereby; (a) Agrees that any facility which is utilized in the performance of this Contract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency- (TPA) pursuant to.40 CPR, section 15.20. (b) .Agrees to comply with all the requirements of section 114 of the Clean Air Act, as amended, (42 U.S.C. 1857 c -9) and section 308 of the Federal Water Pollution Control Act, as amended, (33 U.S.C. 1318) relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in the above statutory provisions, and all regulations and guidelines issued thereunder. (c) Agrees to give prompt notice of any notification received from the Director, Office of Federal Activities, EPA, indicating that any facility utilized or to be utilized under the contract is under considera- tion for listing on the EPA list -05 Violating Facilities. (d) -Agrees to insert -in covered third party contracts, unless exempted pursuant to EPA regulations, the criteria and requirements set forth in paragraphs (a) through (d); and to take such action as the Government may direct as a means of enforcing such provisions. The term "covered third party contracts" shall include contracts for demo- lition, site clearance, site preparation or rehabilitaten, 2 - Training, Employment and Contracting Opportunities For Lusinesses and Loser Incor,a Persons A. The project assisted under this contract is'subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training • and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. , B. Notwithstanding any other provision of this contract, the Local Public Agency shall carry out the provisions of said section 3 and the regulations issued pursuant thereto by the Secretary set for in 24 CFA Part 135 (published in 38 Federal Register 29220, October 23, 1973), and all applicable rules and orders of the Secretary issued thereunder prior to the execution of this contract. The requirements of said regulations include but are not limited to development and implementation of an affirmative action plan for utilizing business concerns located within or owned in substantial part by persons residing in the area of the project; the making of a good faith effort, as defined by the regulations, to provide training, employment, and business dppor- tunities required by section 3; and incorporation of the "section 3 clausell specified by Section 135.20(b) of the regulations in all contracts for work in connection with the project. The Local - Public Agency certifies. and agrees that it is under no contractual or other disapility which would prevent it from complying with these requirements. C. Compliance with the provisions of section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Secretary issued thereunder prior to approval by the Government of the application for this contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the Local Public Agency, itssuccessors and assigns. Failure to fulfill these requirements shall subject the Local Public Agency, its contractors and subcontractors, its successors, and assigns to the sanctions specified by this contract, and to such sanctions as are specified by 24 Gilt Section 135.13 -. —_.._ 3 �" Affirmative Action Plan for Business Opportunity -- The City of Corpus Christi shall complete the Affirmative Action Plan called for in Section 135.70 of the regulations of the Secretary set forth in 24 CFR 135 (pub- lished in 38 Federal Register 29220, October 23, 1973) issued pursuant to Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U. S. C. 1701 U, prior to the execution of any contract or agreement entered into by the City of Corpus Christi following the date of written notification of approval of this amendatory Grant contract: For demolitiion, site clearance, site preparation, or rehabilitation, funded under this Amendatory Grant Contract, or For the disposition of project land, or construction on project land retained by the City of Corpus Christi, with respect to which acqui- sition or site preparation costs are funded under this Amendatory Grant contract." "Implementation of Section 102(a) of the Flood Disaster Protection Act of 1973. Notwithstanding any other provision of this Contract, the Local Public Agency hereby agrees that it shall not make or approve: Rehabilitation Grants in accordance with Section 115 of the Housing Act of 1919, as amended, or Rehabilitation Loans in accordance with Section 312 of the Housing Act of 1961, as amended, for property not covered by flood insurance in accordance with Section 102(a) of the Flood Disaster Protection Act of 19731 if such property is included in any area which has been identified by the Secretary as an area having special flood hazards and in which sale of flood insurance has been made available under the National Flood Insurance Act of 1968; or The term "property" as used herein refers to any building or mobile home and any personal property to which the financial assistance relates." - 4- 3.' Unless otherwise indicated, all provisions hereby authorized are effective on the date of this Amendatory Contract. IN WITNESS WHEREOF, the Public Body has caused this Contract to be duly executca in its behalf and its seal to be hereunto affixed and attested and thereafter; the Government has caused the same to be duly executed in its behalf this day of CITY OF CORPUS CERISTI By (SEAL) (Type or Print Name) 'ATTEST: (Title) Bill G. Read, City Secretar (Type or Print Name) APPROVED: August 1974: City Attorney APPROVED: August 1974: n Director of Finance r UNITED STATES OF MERICA Secretary of Housing and Urban DevelopmE _5R Director, San Antonio b'L'D area 0ffic i Corpus Christi, Texas • o2 /s day of 11el� , 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, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark