HomeMy WebLinkAbout12242 ORD - 08/28/1974�i :VMR:8 -27 -74 •
ST
TEXAS:
AN ORDINANCE
AUTHORIZING A CONTRACT WITH COMMUNITY DEVELOPMENT COR-
PORATION OF CORPUS CHRISTI FOR PLANNING AND CONSTRUCTING
OF LOW - INCOME AND LOWER MIDDLE - INCOME HOUSING, CONTINUING
THE COUNSELING SERVICE, AND ACTING AS GENERAL CONTRACTOR
IN THE HOUSING REHABILITATION LOAN PROGRAM IN THE CITY
OF CORPUS CHRISTI, ALL AS MORE FULLY SET FORTH IN THE
CONTRACT, A COPY OF WHICH IS ATTACHED HERETO 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 PLANNING AND CON-
STRUCTING OF LOW- INCOME AND LOWER MIDDLE- INCOME HOUSING, CONTINUING THE COUNSELING
SERVICE AND ACTING AS GENERAL CONTRACTOR IN THE HOUSING REHABILITATION LOAN
PROGRAM IN THE CITY OF CORPUS CHRISTI, ALL AS MORE FULLY SET FORTH IN THE CONTRACT,
A COPY OF WHICH IS ATTACHED HERETO, 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 PROVFDED FOR
LOW- INCOME AND LOWER MIDDLE - INCOME FAMILIES IN 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 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��DAY OF AUGUST, 1974.
ATTEST:
..i1L•
DAY OF AUGUST, 1974
I a 0-
MAYOR
THE k2 OF CORPUS CHRISTI TEXAS
12242
• TIE STATE OF TEXAS J(
COUNTY OF NUECES X
BE IT REMEMBERED THAT:
WHEREAS, the CITY OF CORPUS C11RISTI, a home -rule city, municipal
corporation and body politic under the laws of the State of Texas (hereinafter
called "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 CDC),
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 of administering the Corpus
Christi gommunity_ Loan Program in cooperation with participating local
financial institutions thereby making it possible for owners of substandard
housing to obtain financing for home improvements which they would normally be
unable to obtain; and of providing Community Design Center services including,
but not limited to, building design services to families or organizations at
the neighborhood level who cannot afford to pay for such multi - discipline
technical assistance for development or redevelopment of community projects,
and a local housing repair estimating and design mechanism which would be available
to put into action should the Corpus Christi metropolitan area suffer a natural
disaster; and
WHEREAS, CDC, 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 housing;.and
WHEREAS, the CITY is empowered, under Art, 11, Sec, 5, Texas Constitution,
Article 1175 V.A.C.S., generally, and City Charter Art. LF, 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
Asst CDC is's proper agency to serve as the CITY's independent contractor hereon*
for the purposes heretofore expressed herein:
NOW, 'THEREFORE, FOR AND IN CONSIDERATION OF THE COVENANTS, TERMS, AND
11NDERTAKINGS EXPRESSED, WITNESS THIS CONTRACT entered into between the CITY and
CDC
W I T N E S S E T H:
I
For the purpose of assisting the City in the performance of its respon-
sibilities 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. 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.
B_ CDC agrees that it will provide to the City the administration
of the Corpus Christi omm nits Loan Program in cooperation with local participates
lending institutions including but not limited to operating a CDC Loan Committee
to review and screen all loan applications prior to Housing Finance Board review;
overseeing a special account to aid in protecting the participating lending
institutions against foreclosure losses; serving as General Contractor for those
families processed through the Corpus Christi Community Loan Program; providing
ongoing review of the Corpus Christi Community Loan Program including the stage of
loan processing construction progress and repayment histories; making available
homeownershin and default counseling to families utilizing the loan program, and
providing rehabilitation design services to families processed through -the Corpus
Christi Community, Loan Program.
C. CDC agrees that it will provide to the CITY by means of the VISTA
volunteers assigned to CDC the following Design Center services including but not
limited to, incorporating into new or redevelopment projects in their initial
inception effective planning and counseling technical assistance providing building
design services to families or organizations at the neighborhood level who cannot
otherwise afford such market rate services within their present budgets; providing
technical expertise to enhance the quality of development within community
neighborhoods; and organizing a local mechanism to be available to deal with
housing rehabilitation problems a natural disaster would bring with it.
D. CITY agrees that it will provide to CDC Construction *tanager
supervision for community improvement projects wherein CDC serves as General
Contractor for those families processed through the Corpus Christi .Community
Loan Program; supportive secretarial services when needed and available from the
Neighborhood Improvement Division secretarial pool office space telephones
Xerox use, and equipment, as long as these arrangements can transpire without
additional cost to` the CITY for a period of time not to exceed the expiration date
of this Agreement or until such a time as it becomes no longer feasible to do so
in the judgment of the CITY.
E. 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 Paragraph III (G) hereof.
F. It is expressly understood and agreed that money paid by the
CITY under this contract shall not be expended for any use, purpose, cause, 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 and administrative overhead
expenditures of the CDC Executive Director, Housing Representative for Counseling
and VISTA volunteers, 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 fifteen (15) days after the
first day of each month, such reports to accurately reflect the previous month's
hours and activities as hereinbefore specified. No City funds shall be used for any
private purpose or for any loans or reserves for loans.
C. 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 con-
travention of any law. The determination by the Corpus Christi City Attorney
of a contravention of law for purposes of administration 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.
2. The Annual Arrangements Agreement as approved.
3. An analysis of the Corpus Christi Housing Market
prepared and published by the Federal Housing
Administration of HUD.
4. Reports and recommendations regarding housing as
prepared and approved by the Coastal Bend Council
of Governments.
5. Reports and recommendations prepared for the
Community Renewal Plan for which a HUD Grant
has been approved.
V
CDC shall render a written report at least once a month for the
preceding 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 to the CITY no later than the fifteenth (15) day of the ensuing month.
VI
It is understood and agreed by and between the CITY and CDC that the
-CITY and CDC shall not be liable for any negligent or wrongful acts of the other
party, its officers, employees, agents, or subcontractors and they hereby covenant
and agree to save and hold harmless the other party from any and all claims, demands,
or judgments arising from their 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 the actual monthly expenditures by CDC of those items
appearing in Exhibit "B" and Exhibit "C" or a total of $29,046 for the con-
tractual period (August 1, 1974 through July 31, 1975), whichever is less.
Exhibit "B" and Exhibit "C" are by this reference incorporated herein and made
a part hereof as fully as if written here in full. In the event this Agreement
is sooner terminated payment shall be prorated for actual expenses.
B.. Under this Agreemenp, CDC hereby grants to the City an option
to purchase the performance of Design Center services as more fully set forth
in Paragraph III (C) of this Agreement in an amount not to exceed.the actual
total monthly expenditures by CDC of those items appearing in Exhibit "D" or a
total of $2,500 for the period from January 1, 1975 through July 31, 1975,
whichever is less.
C. 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
D. CDC and the CITY hereby agree that CDC will request and acdept
purchase by the 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 the CITY that it can obtain such property or services at less net cost
than the same purchases can be made by CDC. Whenever the 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 the 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 the CITY for
CDC under this subparagraph D, or otherwise,. shall immediately vest in CITY.
E. For initial working capital in furtherance of this Agreement
the CITY- - - - - r - - - - - - -will advance to CDC not more than one
twelfth (1/12) - - - - - of the total of said CITY participation.
F_ 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.
C. 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
P.O.Box 26
Corpus Christi, Texas 78403
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.
VIII
This Agreement shall become effective August 1, 1974, and the services
herein contracted shall begin as of that date, on a month to month basis and
terminate upon written notice to the above address by CITY to CDC or on July 31,
1975, whichever occurs sooner.
E_ C�iED IN D� ; ?LIC.1 r ORIGIR9LS, this the day of
197
MM
ZST: CITY OF CORPUS CHRISTI
By:
City Secretary R. Marvin Townsend, City Manager
APPROVED:
DAY OF
City Attorney
Director of Finance
Director of Planning and Urban
Development
C0MUNITY DEVELONIMATT CORPORATION
OF CORPUS &MSTI
By:
Jack A. Dumphy, President
George E. Clower, Jr., Vice— President
Charles J. Baler, Jr., Secretary
Pair, Treasurer
ames M. Williams, Executive Director
c iICL° Pi
fro,_
A:?TICLES O I ?fCv ?02 \�IO`I
of
C0 :'MD.;ITY D t-LLO ?`Z. CO29O A7-0O i 0: CO3pGS C ui,
The corporation is organi zed sD!eiy for charitable and educatienal
purposes as those terms are eafinad under Section 501(c) (3) of the Internal
Revenue Code of 1954 (or the correspond-i-3 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 development and public welfare in the Corpus Christi
metropolitan area of South Texas, and to participate in programs for the elimi-
nation of slum conditions and in urban redevelopment and other projects con-
ducive to the progress of the community as such relate to adequate housing and
elimination of slum conditions for person; with low and moderate incose_ and
in connection tb erewil-b Cn do [ha follp_i-.c- -
(a) Acquire, improva, 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 irves.tments of its funds or
property to either public 'authorities or private individuals and. 'corporations
iri furtherance of its stated p :urposes, a-d to enter into contracts with public
authorities, private persons, fir or corporations in connection therewith;
- (d) To carry on any activity fc. the purposes above stated, either
directly or as agaat, for or with other zarsons, firm-, or corporations, or in
cahole or in part through or by means of aay other person; firm a, corporation,
and generally to do any and all further and other thin s which may be necessary
or .incidental to the purposes above s_.__ed, including Lire construction- of
ir,provecients upon real pro? ?rL3, of the - _,00ra.'.ion or of others a d t,,. rend!,.-
or lcz.ing, sale or encumbrance of real, p- arsonll cr Trixe' property a ;uirzd
p,
by :.t, or t':n ocaright grant of any suc'.• Fro; :. -:rty winnu` ca :sid'_r: :a- in
furtltaran: : >_ of said prc-)o :,:
N-1 P,!-'-: O C e e_rni r„ Of _tee co,oc,,atiOn s..all _.. t0 the
__ O' i_LS_�7;.__J _o its c. -J2rSa O a Or OC_, 7_Lva__
P=:r.;on_ .;c the corpara_ior. ,,..a.l b _ta;.oriczc' an-, - 'pc.. -- -- =a par
._o_.30:Z_ble uempeesation for services _enc> -rem and to ra`ca pa,, �ncs _rd
butioas in furt ^--ranee of the purposes , -t forth in this i.o sn,D;tma-
tial part of the activities of the corporation shall be t1-2 carrying or. Of
pro•aganda, Or,otharc:ise attemptin„ to influence legislation, and t___ corpora_
tion shall not participata in, or intervene in (including the oubl_is%ing or
distribution of statements) any political casp2_oa on behalf of any candidate
for public office. Notcaithstanding any other provision of these articles, the
corporation shall not carry en any other activities not permitted to be carried
on (a) by a corporation exempt from Federal in
cowe tae under Section 501(c)(3)
of the Internal Revenue Code of 1954 (or the corresponding provision of any
future Lnited States Internal Revenue Law) or (b) by a corporation, contribu-
Lions to which are deductible wader Sect'en 170(c)(2) of the Internal Reveaue
Code of 1954 (or the correspondib.g provision of any future United States Inze =_aa
Revenue Law.)
Exhibit "B"
COL-MMITY DEVELOPPrsNT CORPOPATION OF CORPUS CHRISTI
Budget
August 1, 1974 through December 31, 1974
1.
Salaries
A. Executive Director
$ 5,225.00
B. Hcusing Representative for Counseling
3,300.00
2.
Automobile Allowance
1,050.00
3.
Employee Benefits
852.50
4.
Office Space
0
5.
Supplies & Duplication
750.00
6.
Telephone & Postage
470.00
7.
Dues, Subscriptions, Training & Conferences
470.00
8.
Printing & Advertising
285.00
9.
Legal, Audit, Bond & Insurance
416.65
10.
Equipment
450.00
TOTAL
$ 13,269.15'
Exhibit "C"
CO�HMTY DEVELOP.NJENT CORPORATION OF CORPUS CHRISTI
Budget
January 1, 1975 through July 31, 1975
1.
Salaries
A. Executive Director
$ 7,315.00
B. Housing Representative for Counseling
41620.00
2.
Automobile Allowance
595.00
3.
Employee Benefits
1,193.50-
4.
Office Space
0
5.
Supplies & Duplication
350.00
6.
Telephone & Postage
350.00
7.
Dues, Subscriptions, Training & Conferences
595.00
8.
Printing & Advertising
175.00
9.
Legal, Audit, Bond & Insurance
583.35
10.
Equipment
0
TOTAL
$ 15,776.85f
CMMUITY D. VE"LOPHENT CO31'ORUTION OF CORPUS CHF —TSTS
Optional Budget
January 1, I975 through July 31, 1975
1. Salaries
A. Executive Director
B. Housing Representative for Counseling
2. Automobile Allowance
3. Employee Benefits
4. Office Space
5. Supplies & Duplication
6. Telephone & Postage
7. Dues, Subscriptions, Training & Conferences
8. Printing & Advertising
9. Legal, Audit, Bond b Insurance
10. Equipment
TOTAL
$ 0
0
875.00
0
0
700. CO
300.00
5.00
220.00
0
400.00
$ 2,500.00
Corpus Christi, Texas
1V tt day of , 19
7—
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,
! _11�
MAYOR �_,,,i
ITY OF CORPUS CHR' I, 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 fol owing vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark R.t�/