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HomeMy WebLinkAbout15237 ORD - 11/21/1979nh:11-21-79:2nd AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE BOYS' CLUB OF CORPUS CHRISTI, RELATING TO THE REHAB- ILITATION OF THE BOYS' CLUB FACILITY, 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 authorized to execute a contract with the Boys' Club of Corpus Christi, relating to the rehabilita- tion of the roof of the Boys' Club Facility as per the attached draft, a copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. The necessity to authorize execution of the aforesaid contract at the earliest practicable date in order that the rehabilitation of the Boys' Club may be commenced at the earliest possible date creates a public emergency and an imperative public necessity requiring the suspen- sion 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 that such emergency and necessity exist, and having requested the suspension of the Charter rule and that this ordinance be passed fin- ally 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 November, 1979. ATTEST: "City "Secretary APPROVED: )-f DAY OF NOVEMBER, 1979: J. BRUCE AYCOCK, CITY ATTORNEY l�lMi_I t' fa r, 0 CITY OF CORPUS CHRISTI, TEXAS A ICROFILMED P AGREELiENT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND THE BOYS' CLUB OF CORPUS CHRISTI, TEXAS RELATING TO UIIDERTAKING THE REHABILITATION OF THE BOYS' CLUB COMPLEX The City of Corpus Christi (hereafter referred to as the City) is undertaking a Community Development Block Grant Program under the Housing and Community Development Act of 1974 in accordance with Federal Regulations (24CFR 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 roof of 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. 1. The Boys' Club complex which is located on that 15 acre track of land out of Lot 13, Section G of the Paisley Subdivision of the Hoffman Track as shown by map or plat of record in Volume A, Page 2$, 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 Community Development Block Grant. 2. The City agrees to perfrom such rehabilitation. The Plans and Specifications 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 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 completion of the project by the City. The Boys' Club agrees to operate and maintain the facilities from that period in accordance 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 $9-117• 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 Rehabilitation has been completed and approved by the City, such facili- ties shall not, without the approval of the City, be converted to uses other than those specifically set out in agreement referred to in item 4 above. 6. The -Boys' Club shall not voluntarily create, cause, or allow to be created any debts, lien, mortgage, charge, or encumbrance against the facilities which in any way will impair or otherwise adversely affect the preservation 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 discharged when the same become due, all taxes, — assessments, and other governmental charges which are lawfully imposed upon the 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 facilities in good and safe condition and repair and in the occupancy, manintenance and operation thereof shall comply with all laws, ordinances, codes and regu- lations applicable thereto. The Boys' Club shall not permit, commit or suffer waste or impairment of the land described in paragraph 1 above or of the facilities, or any part thereof. $. 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 facilities as the City and/or HUD may require 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 regulations of HUD. 9. The Boys' Club shall obtain adequate insurance to protect the 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 Facilities, 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 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 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 responsibilities in the review or approval of the under— taking or carrying out of the Project, shall have any financial interest; direct or indirect, in this Contract, or in nay contract or undertaking • in connection with carrying out the Project or in connection with the use and operation of the facilities. 11. The Boys' Club will comply with the following nondiscrimination provisions: a. Title V1 of the Civil Rights Act of 1964 (Pub. L. $$-352), and the regulations issued pursuant thereto (24CFR 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 as- surance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance 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 fin- ancial assistance is extended, or for another purpose involving the provision of similar services or benefits. b. Title V111 of the Civil Rights Act of 196$ (Pub. L. 90-284), as amended, administering all programs and activities relatingLLto housing and community 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 pro— vision 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 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 CF 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 federal— ly assisted contracts. e. It will comply with Section 3 of the Housing and Urban Development Act of 1968, as amended, requiring that to the greatest extent feasible opportunities 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, particu— larly 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 Facilities and that it will notify HUD of the receipt of any communication from the Director of the EPA Office of Federal Activi— ties indicating that a facility to be used in the project is under con— sideration for listing by the EPA. j. It will comply with the flood, insurance purchase require— ments 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 insur— ance 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 identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assis— tance" includes 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 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 performance 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 pro— visions hereof declare that the right of possession of the property described in paragraph number one for the term thereof has reverted to the City, and in the event the right 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 pre— judice 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 ac— complish the correction. The City reserves the right to exercise general supervision of the performance of this agreement by the Boys' Club. 11.. If any provision of this Contract is held invalid, the re- minder of this Contract shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applic- able law. ATTEST: .CITY OF CORPUS CHRISTI BY City Secretary R. Marvin Townsend, City Manager APPROVED: day of September, 1979 J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney By Harold F. 'Lick, Director of Finance I.C. Iioreno, President, Boys' Club of Corpus Christi Corpus Christi, Texas al day of /"./.ua 19 79 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 Luther Jones - Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky Respectfully, MAYOR; I'HE C Y OF CORPUS CHRISTI, TEXAS was suspended by the following vote: , The above ordinance was pass; by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky 152.7,, i