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HomeMy WebLinkAbout14751 ORD - 01/31/1979jkh:1-30-79;1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE BOYS CLUB OF CORPUS CHRISTI, PROVIDING FOR THE AUTHORITY AND CONDITIONS UNDER WHICH THE BOYS CLUB SWIMMING POOL WILL BE REHABILITATED, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. 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 to execute an agreement with the Boys Club of Corpus Christi, providing for the authority and conditions under which the Boys Club swimming pool will be rehabilitated, all as more fully set forth in the agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. The necessity to authorize execution of the aforesaid agreement at the earliest practicable date 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 eduCti but that such ordinance or resolution shall be read at three sev�ja-1 mee/ings of the City Council, and the Mayor having declared such sem__ . 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 L3/ day of Lull L.Li , 1979. ATTEST: APPROVED: 30thDAY OF JANUARY, 1979: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant Ci orney MAYOR THE C 14751 TY OF C RISTI, TEXAS 001130 JUL OS i9D • • AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND THE BOYS' CLUB OF CORPUS CHRISTI, TEXAS RELATING TO UNDERTAKING THE REHABILITATION OF THE BOYS' CLUB SWIMMING POOL COMPLEX The City of Corpus Christi (hereafter referred to as the City) is under- taking a Community Development Block Grant Program under the Housing and Community Development Act of 1974 in accordance with Federal Regulations (24 CFR 570). Under such program, the City Council of the City of Corpus Christi has determined and the Department of Housing and Urban Development has approved the rehabilitation of the swimming pool facilities located adjacent to the Boys' Club of Corpus Christi to be in furtherance of the execution of such Community Development Block Grant Program. The Boys' Club of Corpus Christi, Texas (hereafter referred to as the Boys' Club) is a non-profit corporation under the laws of the State of Texas and governed by the Texas Non -Profit Corporation Act. The City and Boys' Club have agreed as follows: 1. The Boys' Club swimming pool complex which is located on that 15 -acre tract of land out of Lot 13, Section G of the Paisley Subdivision of the Roffman • Tract as shown by map or plat of record in Volume A, Page 28, Map Records of Nueces County, described by metes and bounds in deed from City of Corpus Christi to Boys' Club, dated September 12, 1962 and recorded in Volume 974, Page 317 of the Deed Records of Nueces County, Texas is to be rehabilitated as part of the City's Com- munity Development Block Grant. 2. The City agrees to perform such rehabilitation. The Plans and Spec- ifications for the rehabilitation will be approved by both the City Council and the Board of Directors of the Boys' Club and shall be in conformity with both local codes as well as HUD regulations. 3. The Boys' Club agrees to relinquish control of the swimming pool site to the City of Corpus Christi during the period of rehabilitation. The City agrees to relinquish control of the rehabilitated facilities to the Boys' Club upon com- pletion of the project and acceptance of the completed project by the City. The Boys' Club agrees to operate and maintain the facilities from that period in ac- cordance with this agreement. 4. The City and the Boys' Club presently have an agreement in force relating to the construction of the Boys' Club as a neighborhood facility under Section 703 US Public Law 89-117. Nothing in this agreement shall.be construed or interpreted as subrogating such prior agreement in. whole or in part. 5. For a period of 10 years from and after the time at which the swimming ppol has been completed and approved by the City, such facilities shall not, without the approval of the City, be converted to uses other than those specifically set out as follows: a. Conducting a program of swimming training. b. Conducting a program of water safety and life saving. c. Conducting a program of physical fitness and athletic recreation with regard to swimming and water sports. d. Conducting scheduled City sponsored recreational and training programs. i -g" • 6. The Boys' Club shall not voluntarily create, cause, or allow to be created any debt, lien, .mortgage, charge, or encumbrance against the swimming pool facilities which in any way will impair or otherwise adversely affect the preser- vation of said facilities for the use or uses set out in this Contract. The Boys' Club shall from time to time duly pay and discharge, or cause to be paid and dis- charged when the same become due, all taxes, assessments, and other governmental charges which are lawfully imposed upon the swimming pool facilities and which if unpaid may by law become a lien or charge upon said facilities and thereby impair or otherwise adversely affect the holding of said facilities for the use or uses set out in this Contract. 7. The Boys' Club shall at all times keep the swimming pool facilities in good and safe condition and repair and in the occupancy, maintenance and opera- • tion thereof shall comply with all laws, ordinances, codes and regulations appli- cable thereto. The Boys' Club shall not permit, commit or suffer waste or impair- ment of the land described in paragraph 1 above or of the swimming pool facili- ties, or any part thereof. 8. The Boys' Club shall submit to the City and/or the Secretary of Housing and Urban Development such data, reports, records and documents relating to the operation of the swimming pool facilities as the City and/or HUD may re- quire in order to permit the City and/or HUD to determine whether the operation of such facilities is in accordance with this agreement and the rules and regu- lations of HUD. 9. The Boys' Club shall obtain adequate insurance to protect the swimming pool facilities from all manner of damage and destruction. The Boys' Club shall further obtain liability insurance, in which the City is a named insured, protecting against injury or death to persons'using, visiting at, or connected with the pool, and against damage to their property in an amount of at least $100,000 for personal injuries to an individual arising out of a single accident or occurrence, $300,000 for personal injuries to more than one person arising out of a single accident or occurrence, and $10,000 for damage to property arising out of a single accident or occurrence. The Boys' Club further agrees to fully indemnify the City for all damages or liability of any kind, whatsoever, which may be incurred by the City arising out of the operation and use of the swimming pool facilities, and to defend the City against all claims which may be brought against it arising out of the operation and use of the swimming pool facilities. 10. No officer, employee or member of the Governing Body of the Boys' Club or City of Corpus Christi, nor other public official of the locality in which the Project will be carried out, and no employee, officer or director of any participating nonprofit organization, who exercises any function or re- sponsibilities in the review or approval of the undertaking or carrying out of the Project, shall have any financial interest, direct or indirect, in this Contract, or in any contract or undertaking in connection with carrying out the Project or in connection with the use and operation of the swimming pool faci- lities. 11. The Boys' Club will comply with the following nondiscrimination' provisions: a. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), and the regulations issued pursuant thereto (24 CFR Part 1), which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Boys' Club receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial as- sistance extended to the Boys' Club, this assurance shall obligate the applicant, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits. • • b. Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended, administering all programs and activities relating to housing and com- munity development in a manner to affirmatively further fair housing; and will take action to affirmatively further fair housing in the sale or rental of housing, the financing of housing, and the provision of brokerage services. c. Section 109 of the Housing and Community Development Act of 1974. and the regulations issued pursuant thereto (24 CFR Part 570.601), which provides that no person in the United States shall, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with funds provided under 24 CFR 570. d. Executive Order 11246, and the regulations issued pursuant thereto (24 CFR Part 130 and 41 CFR Chapter 60), and Section 4(b) of the Grant Agreement, which provides that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of Federal or federally assisted contracts. e. Itwillcomply with Section 3 of the Housing and Urban Develop- ment Act of 1968, as amended, requiring that to the greatest extent feasible op- portunities for training and employment be given to lower-income residents of the project area and contracts for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part by, persons residing in the area of the project. f. It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business. or other ties. g. It will comply with the provisions of the Hatch Act which ' limits the political activity of employees. h. It will give HUD and the Comptroller General through any authorized representatives access to and the right to examine all records, books, papers, or documents related to the project. i. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the program are not listed on the Environmental Protection Agency (EPA) list of Violating Facil- ities and that it will notify HUD of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. j. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Pub. L. 93-234, 87 Stat. 975, approved December 31, 1973. Section 103(a) required, on and after March 2, 1974, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area, that has been iden- tified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" in- cludes any form of loan, grant, guaranty, insurance payment, rebate, subsidy disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 12. Nothing contained in this Contract shall create or justify any claim against the United States Government and/or the City by any third person as a result of contracts executed by the Boys' Club or any other actions of the Boys' Club in carrying out the Project or in the use and operation of the swimming pool facilities. 13. If the Boys' Club should violate or default in its covenants as set forth in this agreement, the City shall have the right to and shall enforce per- formance thereof in any mode provided by law, whether for breach of covenant or otherwise, including, but not limited to, the obtaining of a mandatory injunction from a court of proper jurisdiction requiring performance of this agreement; and in addition, the City may, if it elects, by giving the notice and complying with the further provisions hereof declare that the right of possession of the property • • described in paragraph number one for the term hereof has reverted to the City, and in the event the right of possession of such property should so revert to the City, the City, its agent, employee, or attorney, shall have the right without being guilty of any manner of trespass and without prejudice to any remedy for breach of covenant or condition or otherwise to resume possession of said premises including all improvements situated thereon, which shall then and thereafter become and be the sole property of the City for the remainder of the term hereof and provided that the City shall restrict the use of such facilities for the balance of the term hereof to such uses as are set out under. paragraph 5 above. Notwithstanding any other provision hereof, however, the Boys' Club shall not be considered as having forfeited or as having divested of its ownership or right to use and possess said property, for failure to use said property in the manner herein required, or for breach of any covenant contained herein, or for any other reason, unless prior thereto the City shall have given written notice to the Boys' Club addressed to it at the above described premises and deposited in the U. S. Mails, registered, return receipt requested, setting forth the breach of covenant complained of or other grounds asserted for such termination; and unless further that the Boys' Club shall have failed to cure any such default or failed to meet any such condition promptly after such notice, the period of time being allowed to be, in any event, not less than thirty (30) days, nor more than ninety (90) days. By the term "promptly" is meant the time which ordinarily would be required to accomplish the correction. The City reserves the right to exercise general supervision of the performance of this agreement by the Boys' Club. 14. If any provision of this Contract is held invalid, the remainder of this Contract shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. ATTEST: CITY OF CORPUS CHRISTI By Bill G. Read, City Secretary R. Marvin Townsend, City Manager APPROVED: By day of January, 1979 J. Bruce Aycock, City Attorney • By44)4 ,696.,Haro;Fel.r4 irector Finance ATTEST: Secretary BOYS CLUB OF CORPUS CHRISTI I. C. Moreno, President Corpus Christi, Texa 1/4_3/ day of 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 suspension 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 ordinance finally on the date it is introduced, or at the present meeting of the City Council. • The Charter rule was Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample Respectfully, MA OR THE CITY CHRISTI, TEXAS suspended by the following vote: at)1/4- air) The above ordinance was passed by the following vote: Gabe Lozano, Bob Gulley David Diaz Ruth Gill Joe Holt Sr. Clot) are) Tony Juarez, Jr. Edward L. Sample J 14731