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HomeMy WebLinkAbout04529 RES - 05/09/1956GGP:AC:5 /7/56 A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR ADVANCE IN THE AMOUNT OF " 0 UNDER TITLE I OF THE HOUSING ACT OF 17'9, AS AP1ENDED BY ALL AMENDATORY ACTS, INCLUDING THE HOUSING ACT OF 1951; AND THE (AMENDMENTS OF 1955, AND NUMBERED CONTRACT NO. TEX. R -1 (A), BY AND B£TvIEEN THE CITY OF CORPUS CHRISTI, TEXAS AND THE UNITED STATES OF AMERICA, A COPY OF UHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THE PENDING PROPOSED CONTRACT FOR ADVANCE UNDER TITLE I OF THE HOUSING ACT OF 1949, AS AMENDED BY ALL AMENDATORY ACTS INCLUDING THE HOUSING ACT OF 1954 AND THE AMENDMENTS OF 1955, NUMEERED CONTRACT N0. TEX. R -1 (A), IN THE AMOUNT OF 'r88,100.00 AND RELATING TO PLANS AND SURVEYS OF THE NATURE CON- TEMPLATED 9Y SAID TITLE 13 BY AND BETWEEN THE CITY OF CORPUS CHRISTI (HEREIN CALLED THE "LOCAL PUBLIC AGENCY ") AND THE - UNITED STATES OF AMERICA (HEREIN CALLED THE "GOVERNMENT "), IS HERESY IN ALL RESPECTS APPROVED, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, IS HERESY AUTHORIZED ANDDIRECTEb TO EXECUTE THE SAID CONTRACT FOR ADVANCE IN TWO COUNTERPARTS ON BEHALF OF THE LOCAL PUBLIC AGENCY, AND THE CITY SECRETARY OF THE CITY OF CORPUS CHRISTI, TEXAS, IS HEREBY AUTHORIZED AND DIRECTED TO IMPRESS AND ATTEST THE OFFICIAL SEAL OF THE LOCAL PUBLIC AGENCY ON EACH SUCH COUNTERPART AND TO FORWARD SUCH COUNTERPARTS TO THE HOUSING AND HOME FINANCE AGENCY, FOR EXE- CUTION ON BEHALF OF THE GOVERNMENT, TOGETHER WITH SUCH OTHER DOCUMENTS RELATIVE TO THE APPROVAL AND EXECUTION OF SUCH COUNTERPARTS AND TO THIS RESOLUTION AS MAY BE REQUIRED BY THE GOVERNMENT. SECTION j• THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI,-TEXAS, OR OTHER CITY OFFICERS AUTHORIZED BY THE CITY MANAGER, IS HEREBY AUTHORIZED TO FILE REQUISITIONS, TOGETHER WITH NECESSARY SUPPORTING DOCUMENTS, WITH THE GOVERN- MENT, IN ACCORDANCE WITH THE CONTRACT FOR ADVANCE, REQUESTING PAYMENTS TO BE MADE ON ACCOUNT OF THE ADVANCE PROVIDED FOR IN THE CONTRACT FOR ADVANCE, AND TO DO AND PERFORM ALL OTHER THINGS AND ACTS REQUIRED TO BE DONE OR PERFORMED IN ORDER TO OBTAIN SUCH PAYMENTS. SECTION 4. THIS RESOLUTION SHALL TAKE EFFECT IMMEDIATELY. `� S `2 SECTION 5. THE FACT THAT THE IMMEDIATE UNDERTAKING OF SURVEYING AND PLANNING OF THE AREA IN WHICH THE CITY'S URBAN RENEWAL PROJECT IS LOCATED IS URGENTLY NEEDED FOR THE IMMEDIATE RELIEF OF THE PUBLIC IN GENERAL IN UNDERTAKING TO REMOVE THE SLUM. CONDITIONS THAT DO EXIST IN THAT AREA AND TO INITIATE THAT PROJECT IN THE MOST EXPEDITIOUS MANNER POSSIBLE WITH FEDERAL FINANCIAL ASSISTANCE THE HEREIN DESCRIBED CONTRACT FOR ADVANCE OF FUNDS MUST BE EXECUTED IMMEDIATELY WHICH THEREBY 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 AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE REGULAR MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, REQUESTING THAT SUCH CHARTER PULE BE SUSPENDED AND THAT THIS RESOLUTION BE PASSED FINALLY ON THE DATE IT IS INTRODUCED AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT 13 ACCORDIHGLY 50 13ESOLVE . PASSED AND APPROVED, THIS THE _AD Y OF , 1956. MAYOR THE CITY OF CORPUS CHRISTI, TEXAS ATTEST• �' CITY SECRE AR`t j APPROVED AS TO LEGAL FORM I„IAY_7, 195 CITY ATTbRNCY CERTIFIED TO BE A FULLY EXECUTED COPY OF THE OFFER DATED APRIL 20, 1956. UNITED STATES OF AMERICA HOUSING AND HOME FINANCE AGENCY 4S/ RYAN URBAN RENEWAL ADMINISTRATION FOR REGIONAL COUNSEL CONTRACT FOR PLANNING ADVANCE FOR SURVEYS AND PLANS FOR URBAN RF_NFWAL PROJECT UNDER TITLE I OF THE HOUSING ACT OF 1949, AS AMENDED BY ALL AMENDATORY ACTS INCLUDING THE HOUSING ACT OF 1954, AND THE HOUSING AMENDMENTS OF 1955 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PART I OFFER FOR PLANNING ADVANCE FORT WORTH, TEXAS APRIL 20, 1956 PROJECT N0. TEX. R -1 CONTRACT No. TEX. R -1(A) TO: CITY OF CORPUS CHRISTI CORPUS CHRISTI, TEXAS SEC. 1. OFFER. THE UNITED STATES OF AMERICA (HEREIN CALLED THE "GOVERNMENT ") HEREBY OFFERS TO MAKE TO THE CITY OF CORPUS CHRISTI, TEXAS(HEREIN CALLED THE "LOCAL PUBLIC AGENCY ") AN ADVANCE OF FUNDS (HEREIN CALLED THE "ADVANCE ") AS AUTHORIZED UNDER TITLE 1 OF THE HOUSING ACT OF 1949, AS AMENDED BY ALL AMENDA- TORY ACTS INCLUDING THE HOUSING ACT OF 1954, AND THE HOUSING AMENDMENTS OF 1955 (HEREIN COLLECTIVELY CALLED "TITLE I "), SUBJECT TO THE TERMS AND CONDITIONS (PART 11) ATTACHED HERETO AND MADE A PART HEREOF (THE AGREEMENT WHICH ARISES FROM THE ACCEPTANCE OF THIS OFFER INCLUDING SUCH TERMS AND CONDITIONS BEING HEREIN CALLED THE "CONTRACT ") TO AID IN FINANCING THE COST OF CERTAIN SURVEYS AND PLANS (HEREIN CALLED THE "PROJECT PLANNING "). SEC. 2. AMOUNT OF PLANNING ADVANCE. THE ADVANCE SHALL BE IN THE AMOUNT OF EIGHTY -EIGHT THOUSAND ONE HUNDRED DOLLARS ($88,100000) OR SUCH LESSER AMOUNT AS, TOGETHER WITH THE OTHER FUNDS MADE AVAILABLE THEREFOR, MAY BE REQUIRED TO FINANCE THE C05T OF THE PROJECT PLANNING. SEC. 3. SURVEYS AND PLANS. THE "PROJECT PLANNING ", PRESENTLY ESTIMATED TO COST EIGHTY -EIGHT THOUSAND ONE HUNDRED DOLLARS ($88,1O0.A0), IS FOR AN URBAN RENEWAL PROJECT (HEREIN CALLED THE "PROJECT "), SUCH PROJECT PLANNING AND THE PROJECT BEING OF THE CHARACTER CONTEMPLATED BY TITLE 11 IN THE FOLLOWING URBAN RENEWAL AREA' THAT CERTAIN AREA IN THE CITY OF CORPUS CHRISTI, COUNTY OF NUECES, STATE OF TEXAS, ALSO KNOWN AND REFERRED TO AS THE BAYVIEW -BLUFF AREA AND BOUNDED GENERALLY AS FOLLOWS: (1) ON THE NORTHEAST BY THE EAST R.O.W. LINE OF WEST BROADWAY STREET WHICH IS PARALLELED BY THE MISSOURI - PACIFIC R. R. YARD TRACKS; -2- (2) ON THE WEST BY THE PROPERTY OF THE AMERICAN GENERAL TRANSPORTATION CO. AND A SPUR OF THE MISSOURI - PACIFIC R. R. (SINGLE TRACKS); (3) ON THE SOUTH THE AREA BOUNDARY RUNS MIDWAY THRU THE BLOCKS BETWEEN ANTELOPE AND LEOPARD STREETS AND PARALLEL TO THEM; (4) ON THE EAST THE AREA BOUNDARY LINE FOLLOWS THE OUTSIDE R.O.W. LINE OF PARTS OF TANCAHUA, CARANCAHUA, AND UPPER NO. BROADWAY STREETS. SEC. 4. INTEREST RATE. EACH ADVANCE PAYMENT SHALL BEAR INTEREST FROM THE DATE SUCH PAYMENT IS MADE AT THE RATE OF TWO AND SEVEN- EIGHTS PER CENTUM (2 -718%) PER ANNUM. SEC. 5. LIMITATION ON ADVANCE PAYMENTS AND PROJECT PLANNING COSTS. THE MONETARY LIMITATION REFERRED TO IN SECTION 102 (5) HEREOF BEYOND WHICH THE GOVERNMENT SHALL BE UNDER NO OBLIGATION TO MAKE ANY FURTHER ADVANCE PAYMENTS AND THE LOCAL PUBLIC AGENCY SHALL INCUR NO FURTHER PROJECT PLAN- NING COSTS, UNLESS A "STATEMENT OF CONTINUED OBLIGATION UNDER CONTRACT FOR PLANNING ADVANCE" HAS BEEN EXECUTED AS THEREIN PROVIDED, IS FIFTY -TWO THOUSAND EIGHT HUNDRED SIXTY DOLLARS ($52,860.00). SEC. 6. COMPENSATION FOR AUDITS, INSPECTIONS, ETC. THE AMOUNT OF COMPEN- SATION TO THE GOVERNMENT -BY THE LOCAL PUBLIC AGENCY, IN ACCORDANCE WITH SECTION 404 HEREOF, AS A FIXED FEE FOR AUDITS AND INSPECTIONS OF THE LOCAL PUBLIC AGENCY'S OPERATIONS HEREUNDER AND FOR THE PROVISION OF REPRESENTA- TIVES AT THE SITE OF THE PROJECT DURING THE PLANNING THEREOF, SHALL BE SEVEN HUNDRED THIRTY -FIVE DOLLARS ($735.00)° PROVIDED, THAT IF THE PROJECT PLANNING IS NOT UNDERTAKEN OR IS UNDERTAKEN BUT NOT COMPLETED, AND IF THE LOCAL PUBLIC AGENCY SHALL HAVE PAID THE GOVERNMENT THE AFORE- SAID AMOUNT, THE LOCAL PUBLIC AGENCY SHALL BE ENTITLED TO A REFUND OF ALL OR A PROPORTIONATE PART OF THE FIXED FEE, DEPENDENT ON WHETHER, PRIOR TO SUCH REFUND THE GOVERNMENT HAS INCURRED ANY EXPENSES MENTIONED IN SECTION 404 HEREOF, SUCH REFUND TO BE IN SUCH AMOUNT AS, IN VIEW OF THE FACTS AND CIRCUMSTANCES, THE ADMINISTRATOR DEEMS TO BE EQUITABLE. UNITED STATES OF AMERICA HOUSING AND HOME FINANCE AGENCY URBAN RENEWAL ADMINISTRATION BY /S/ W. H. SINDT REGIONAL ADMINISTRATOR, HHFA (CONTINUED ON PAGE 3) -3- ACCEPTANCE ACCEPTED THIS DAY OF , 1956. CITY OF CORPUS CHRISTI (SEAL) BY ATTEST: CITY SECRETARY CONTRACT FOR PLANNING ADVANCE FOR SURVEYS AND PLANS FOR URBAN RENEWAL PROJECT UNDER TITLE I OF THE HOUSING ACT OF 19149 AS AMENDED AND THE HOUSING ACT OF 19514 PART II TERMS AND CONDITIONS - - - - - - - - - - - - - - - - - - - - - - - - ARTICLE I -- THE ADVANCE SEC. 101. USE OF CERTAIN TERMS. EXCEPT WHERE THE CONTEXT CLEARLY INDICATES OTHER - WISE, THE FOLLOWING TERMS, AS USED IN THIS CONTRACT, SHALL HAVE THE MEANING ASCRIBED TO THEM IN THIS SECTION: (A) THE TERM "COMMISSIONER" MEANS THE URBAN RENEWAL COMMISSIONER, HOUSING AND HOME FINANCE AGENCY OR OTHER PERSON WHO MAY BE AT THE TIME ACTING IN THE CAPACITY OR AUTHORIZED TO PERFORM THE FUNCTIONS OF SUCH COMMISSIONER, OR THE AUTHORIZED REPRESENTATIVE THEREOF, OR ANY OTHER PERSON OTHERWISE AUTHORIZED TO PERFORM THE FUNCTIONS TO BE PERFORMED BY SUCH COMMISSIONER HEREUNDER. (B) THE TERM "STATE" MEANS ANY STATE, THE DISTRICT OF COLUMBIA, THE COMMONWEALTH OF PUERTO RICO, AND ANY TERRITORY OR POSSESSION OF THE UNITED STATES. SEC. 102. GOVERNMENT PAYMENTS ON ACCOUNT OF ADVANCE. (A' THE GOVERNMENT WILL MAKE PAYMENTS ON ACCOUNT OF THE ADVANCES FROM TIME TO TIME AS SUCH PAYMENTS ARE NEEDED FOR THE PURPOSES HEREOF PROVIDED THE LOCAL PUBLIC AGENCY, PRIOR TO EACH SUCH PAYMENTS SHALL HAVE: (1) FILED WITH THE COMMISSIONER ITS REQUISITION THEREFOR AND ITS CERTIFICATION OF PURPOSES (EACH ON FORMS PRESCRIBED BY THE COMMISSIONER), WHICH CERTIFICATION SHALL SHOWS IN REASONABLE DETAILS AMONG OTHER THINGS, THE PURPOSES FOR WHICH THE PAYMENT REQUISITIONED WILL BE USED AND THE PURPOSES FOR WHICH OTHER FUNDS IF ANY CREDITABLE TO THE SURVEYING AND PLANNING ACCOUNT AS PROVIDED IN THIS CONTRACT, WILL BE USED IN CONNECTION THEREWITH.' (2) FILED WITH THE COMMISSIONER A WRITTEN STATEMENT DEMON- STRATING THE NEED,.AT THE TIME, FOR THE EXPENDITURE OF THE FUNDS REFERRED TO IN THE PRECEDING SUBSECTION AND THAT THE PURPOSES FOR WHICH IT PROPOSES TO EXPEND SUCH FUNDS ARE WITHIN THE PURVIEW OF THE SURVEYING AND PLANNING BUDGET AS PROVIDED IN THE CONTRACT AND OTHER PROVISIONS OF THE CONTRACT. (3) FILED WITH THE COMMISSIONER SUCH OPINIONS OF LOCAL COUNSEL WITH RESPECT TO THE STATUS OF LITIGATION AND THE LEGALITY OF PROPOSED ACTIONS AND SUCH CERTIFICATION$ WITH RESPECT TO OTHER MATTERS, PERTAINING TO THE PROJECT PLANNING AND THE PROJECT, AS THE COMMISSIONER MAY REASONABLY REQUIRE IN CONNECTION WITH SUCH REQUISITION AND CERTI- FICATION OF PURPOSES. (B) NOTWITHSTANDING ANY OTHER PROVISIONS HEREOF, WHEN THE GOVERNMENT HAS MADE TO THE LOCAL PUBLIC AGENCY PAYMENTS ON ACCOUNT OF THE ADVANCE WHICH AGGREGATE THE AMOUNT SET FORTH THERE FOR IN SECTION 5, PART I HEREOF OR WHEN THE COSTS AND OBLIGATIONS INCURRED BY THE LOCAL PUBLIC AGENCY FOR THE PROJECT PLANNING HEREUNDER SHALL AGGREGATE SUCH AMOUNT, THE GOVERNMENT SHALL BE UNDER NO OBLIGATION TO MAKE ANY FURTHER PAYMENTS ON ACCOUNT OF THE ADVANCE IN EXCESS OF SUCH AGGREGATE AMOUNT AND THE LOCAL PUBLIC AGENCY SHALL NOT INCUR FURTHER COSTS. OR OBLIGATIONS CHARGEABLE TO THE SURVEYING AND PLANNING ACCOUNT UNLESS (IN ADDITION TO OTHER REQUIREMENTS HEREOF) THE LOCAL PUBLIC AGENCY SHALL HAVE SUBMITTED SUCH DATA AS THE COMMISSIONER MAY HAVE REQUESTED, SHOWING THE PROGRESS OF THE PROJECT PLANNING TO THE EXTENT NECESSARY TO ENABLE THE COMMISSIONER TO DETERMINE WHETHER OR NOT, AND THE COMMISSIONER SHALL HAVE DETERMINED THAT (1) THE COMPLETION OF THE PROJECT PLANNING IS IN THE PUBLIC INTEREST AND IN CONFORMITY WITH THE PUSPOSES AND OBJECTIVES OF TITLE I AND OTHER APPLICABLE LAWS AND (2) THE CARRYING OUT OF THE PROJECT IN ACCORDANCE WITH THE REQUIREMENTS OF TITLE I AND OTHER APPLICABLE LAW APPEARS FEASIBLE. THE TRANSMITTAL TO THE LOCAL PUBLIC AGENCY OF THE COMMISSIONERS SIGNED "STATEMENT OF CONTINUED OBLIGATIONS UNDER CONTRACT FOR PLANNING ADVANCE" SETTING FORTH SUCH DETERMINATION$ SHALL BE DEEMED TO FULFILL THE FOREGOING PROVISIONS OF THIS SUBSECTION (B) SO AS TO CONTINUE THE GOVERNMENT'S OBLIGATION TO MAKE FURTHER PAYMENTS ON ACCOUNT OF THE ADVANCE AND TO AUTHORIZE THE LOCAL PUBLIC AGENCY TO INCUR FURTHER COSTS AND OBLIGATIONS CHARGEABLE TO THE SURVEYING AND PLANNING ACCOUNT IN ACCORDANCE WITH OTHER PROVISIONS OF THE CONTRACT. SEC. 103. CONDITIONS RELATIVE TO ADVANCE PAYMENTS BY GOVERNMENT. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CONTRACTS THE GOVERNMENT MAY ELECT NOT TO MAKE A PAYMENT ON ACCOUNT OF THE ADVANCE: (A) IF THERE SHALL NOT HAVE BEEN PROVIDED AND CREDITED TO THE SURVEYING AND PLANNING ACCOUNT SUCH FUNDS ASS TOGETHER WITH THE AMOUNT OF THE ADVANCE SET FORTH IN SECTION 2, PART I HEREOF, WILL AGGREGATE THE THEN ESTIMATED COST OF THE PROJECT PLANNING; (B) IF THE LOCAL PUBLIC AGENCY SHALL HAVE MADE ANY MISREPRESENTA- TION OF A MATERIAL NATURE IN ITS APPLICATION FOR THE ADVANCES OR ANY SUPPLE- MENT TO OR AMENDMENT OF SAID APPLICATION, OR IN THIS CONTRACT, OR IN OR WITH RESPECT TO ANY DOCUMENT FURNISHED IN CONNECTION THEREWITH OR PURSUANT HERETO BY IT TO THE GOVERNMENT RELATIVE TO THE PROJECT PLANNING OR THE PROJECT (C) IF THERE 15 THEN PENDING LITIGATION WITH RESPECT TO THE ADVANCE OR THE PERFORMANCE BY THE LOCAL PUBLIC AGENCY OF ANY OF ITS DUTIES OR OBLIGA- TIONS HEREUNDER WHICH MAY JEOPARDIZE OR ADVERSELY AFFECT THE PROJECT PLANNING, THE CONTRACT, OR THE ADVANCE; (D) IF THE STATUS OF THE WORKABLE PROGRAM REFERRED TO IN SECTION 101 (C OF TITLE 1, THE STATUS OF THE GENERAL PLAN FOR THE DEVELOPMENT OF THE LOCALITY AS A WHOLE IN WHICH THE URBAN RENEWAL AREA IS SITUATED OR THE STATUS OF THE RELOCATION PLAN FOR THE URBAN RENEWAL AREA IS NOT THEN ADEQUATE FOR THE TIMELY COMPLETION OF THE PROJECT PLANNING OR THE UNDERTAKING OF THE PROJECT; -2- (E) IF THE PROJECT PLANNING HAS BEEN OR 15 TO BE UNDERTAKEN AND ACCOMPLISHED OTHERWISE THAN IN ACCORDANCE WITH APPLICABLE LAW AND THIS CONTRACT; (F) IF, AFTER HAVING FURNISHED TO THE COMMISSIONER ANY DATA CON- CERNING PROPOSED ACTIONS WHEN REQUESTED PURSUANT TO SECTION 406 HEREOF, THE LOCAL PUBLIC AGENCY SHALL HAVE PROCEEDED FURTHER WITH RESPECT THERETO WITHOUT HAVING BEEN ADVISED BY THE COMMISSIONER THAT THE GOVERNMENT HAS NO OBJECTION TO ITS SO PROCEEDING (IT BEING THE PURPOSE OF THIS PROVISION, AND OF SAID SECTION 406, TO INSURE THAT THE LOCAL PUBLIC AGENCY SHALL NOT TAKE ANY STEP WHICH MIGHT, IN THE OPINION OF THE COMMISSIONER, VIOLATE APPLICABLE FEDERAL LAWS OR THIS CONTRACT, AND TO ELIMINATE THEREBY THE POSSIBILITY THAT THE LOCAL PUBLIC AGENCY WILL BE RESPONSIBLE FOR A VIOLATION WHICH WOULD RENDER IT IMPOSSIBLE FOR THE GOVERNMENT TO MAKE THE ADVANCE OR WHICH MIGHT OTHERWISE RESULT IN A DELAY IN THE UNDERTAKING OR TIMELY COMPLETION OF THE PROJECT PLANNING) (G) IF THE LOCAL PUBLIC AGENCY, IN UNDERTAKING AND CARRYING OUT THE PROJECT PLANNING SHALL INCUR COSTS OR OBLIGATIONS NOT IN CONFORMITY WITH THE SURVEY AND PLANNING BUDGET OR NOT CHARGEABLE TO THE SURVEYING AND PLANNING ACCOUNT; OR (H) IF THE LOCAL PUBLIC AGENCY SHALL BE IN DEFAULT UNDER THIS CONTRACT. SEC. 104. SUSPENSION OR TERMINATION OF GOVERNMENTS OBLIGATIONS. IF THE LOCAL PUBLIC AGENCY UNDULY DELAYS THE COMMENCEMENT OR CARRYING OUT OF THE PROJECT PLAN- NING, FAILS TO COMPLY WITH ANY OF THE PROVISIONS HEREOF, OR ABANDONS OR BEFORE COMPLETION, FINALLY DISCONTINUES THE PROJECT PLANNING; OR IF, BY REASON OF ANY OF THE EVENTS SET FORTH IN SUBSECTIONS (A) TO (H), INCLUSIVE, OF SECTION 103 HEREOF, OR FOR ANY OTHER REASON, THE COMMENCEMENT, PROSECUTION OR TIMELY COMPLETION BY THE LOCAL PUBLIC AGENCY OF THE PROJECT PLANNING OR ITS UNDERTAKING OF THE PROJECT IS RENDERED IMPROBABLE, UNFEASIBLE, IMPOSSIBLE OR ILLEGAL, THE GOVERNMENT, ACTING BY OR THROUGH THE COMMISSIONER, MAY, BY WRITTEN NOTICE TO THE LOCAL PUBLIC AGENCY, SUSPEND ANY OR ALL OF THE GOVERNMENT'S OBLIGATIONS UNDER THIS CONTRACT UNTIL SUCH TIME AS THE CONDITION OR SITUATION RESULTING IN SUCH SUSPENSION HAS CEASED OR BEEN CORRECTED OR MAY TERMINATE ANY OR ALL OF THE GOVERNMENT'S OBLIGATIONS UNDER THIS CONTRACT. -3- ARTICLE IE -- SURVEYING AND PLANNING ACCOUNT SEC. E01. ESTABLISHMENT AND MAINTENANCE OF SURVEYING AND PLANNING ACCOUNT. THE LOCAL PUBLIC AGENCY WILL ESTABLISH AND MAINTAIN A SEPARATE ACCOUNT WHICH SHALL BE DESIGNATED "SURVEYING AND PLANNING ACCOUNT, ADVANCE CONTRACT N0. " WITH THE ADVANCE CONTRACT NUMBER ASSIGNED BY THE COMMISSIONER TO THIS CONTRACT BEING SET FORTH IN SUCH DESIGNATION, SUCH ACCOUNT BEING HEREIN REFERRED TO AS THE "SURVEYING AND PLANNING ACCOUNT." SEC. 202 MONEYS CREDITABLE TO SURVEYING AND PLANNING ACCOUNT. THE LOCAL PUBLIC AGENCY WILL PROMPTLY CREDIT TO THE SURVEY AND PLANNING ACCOUNT ALL MONEYS WHICH ARE PROVIDED TO IT BY ANY SOURCE FOR FINANCING THE COST OF THE PROJECT PLANNING INCLUDING: (A) ALL PAYMENTS BY THE GOVERNMENT TO THE LOCAL PUBLIC AGENCY ON ACCOUNT OF THE ADVANCE; AND - (B) ALL FUNDS PROVIDED, AS CONTRIBUTIONS, DONATIONS OR GRANTS, TO THE LOCAL PUBLIC AGENCY FOR THE PROJECT PLANNING. SEC - 203. ESTABLISHMENT AND REVISION OF SURVEYING AND PLANNING BUDGET. (A) THE LATEST PROPOSED BUDGET, WHETHER ORIGINAL OR REVISED, WHICH IS, , SUBMITTED BY THE LOCAL PUBLIC AGENCY, SHALL, TO THE EXTENT APPROVED BY THE GOVERN - MENT, CONSTITUTE THE BUDGET FOR THE PROJECT PLANNING AND SHALL BE DESIGNATED "SURVEYING AND PLANNING BUDGET, ADVANCE CONTRACT N0. 11 WITH THE ADVANCE CONTRACT NUMBER A55IGNED BY THE COMMISSIONER TO THIS CONTRACT BEING SET FORTH IN SUCH DESIGNATION, SUCH BUDGET BEING HEREIN REFERRED TO AS THE "SURVEYING AND PLANNING BUDGET." (B) IN THE EVENT IT APPEARS THAT, IN ORDER TO CARRY OUT OR COMPLETE THE PROJECT PLANNING IN ACCORDANCE HEREWITH, IT WILL BE NECESSARY FOR THE LOCAL PUBLIC AGENCY TO INCUR COSTS THEREFOR WHICH ARE NOT IN CONFORMITY WITH THE SURVEYING AND PLANNING BUDGET, OR IF, FOR ANY OTHER REASON, THE LOCAL PUBLIC AGENCY DEEMS IT ADVISABLE, THE LOCAL PUBLIC AGENCY WILL PREPARE (ON FORMS PRESCRIBED BY THE COMMISSIONER A PROPOSED REVISED BUDGET. SUCH PROPOSED REVISED BUDGET, AS APPROVED BY THE GOVERNMENT, SHALL SUPERSEDE ANY PREVIOUSLY APPROVED BUDGET AND SHALL CONSTITUTE THE SURVEYING AND PLANNING BUDGET HEREUNDER. SEC. 204. REPORTS ON STATUS OF BUDGET AND SURVEYING AND PLANNING ACCOUNT. AT SUCH TIMES DURING THE CARRYING OUT OF THE PROJECT PLANNING AS THE COMMISSIONER SHALL SPECIFY, BUT NOT MORE OFTEN THAN ONCE A MONTH, THE LOCAL PUBLIC AGENCY WILL PREPARE (ON FORMS PRESCRIBED BY THE COMMISSIONER), AND SUBMIT TO THE COMMISSIONER, A REPORT OF THE COSTS AND OBLIGATIONS INCURRED OR TO BE INCURRED BY IT IN CARRYING OUT AND COMPLETING THE PROJECT PLANNING. SEC. 205- CHARGES AGAINST SURVEYING AND PLANNING ACCOUNT. (A) THE LOCAL PUBLIC AGENCY MAY CHARGE OR PERMIT TO BE CHARGED SUBJECT TO OTHER PROVISIONS OF.THIS CONTRACT, TO THE SURVEYING AND PLANNING ACCOUNT: 101 (1) ONLY SUCH PROJECT PLANNING COSTS AS SHALL HAVE BEEN SPECIFIED IN A CERTIFICATION OF PURPOSES, OR AMENDMENT THEREOF, AND SUP- PORTING DOCUMENTS RELATING THERETO, FILED BY THE LOCAL PUBLIC AGENCY AND ACCEPTED BY THE COMMISSIONER; AND (2) ONLY SUCH PROJECT PLANNING COSTS AS ARE IN CONFORMITY WITH THE SURVEYING AND PLANNING BUDGET. (B) THE LOCAL PUBLIC AGENCY WILL NOT CHARGE OR PERMIT TO BE CHARGED AGAINST THE SURVEYING AND PLANNING ACCOUNT: (1) ANY ITEMS OR AMOUNTS EXCEPT FOR THE PAYMENT OF PROJECT PLAN- NING COSTS AND OTHERWISE TO CARRY OUT THE PROVISIONS OF THIS CONTRACT: PROVIDED, HOWEVER, THAT THE LOCAL PUBLIC AGENCY MAY CHARGE AGAINST THE SURVEYING AND PLANNING ACCOUNT SUCH AMOUNTS AS THE - COMMISSIONER MAY FROM TIME TO TIME APPROVE IN WRITING, AND CREDIT THE SAME TO ANOTHER FUND ESTABLISHED FOR THE CONVENIENT AND EFFICIENT PAYMENT OR ITEMS CHARGEABLE IN PART TO THE PROJECT PLANNING AND IN PART TO ANY OTHER ACTIVITY OR ENTERPRISE OF THE LOCAL PUBLIC AGENCY, BUT ANY FUNDS SO TRANSFERRED SHALL BE APPLIED ONLY TO THE PAYMENT OF THE APPROPRIATE PORTION OF SUCH ITEMS AS MAY BE PROPERLY ATTRIBUTABLE TO THE PROJECT PLANNING: PROVIDED FURTHER, THAT PROJECT PLANNING COSTS, AS USED HEREIN, SHALL NOT INCLUDE COSTS OF THE PREPARATION OR REVISION OF A GENERAL PLAN FOR THE DEVELOP- MENT OF THE LOCALITY AS A WHOLE IN WHICH THE URBAN RENEWAL AREA IS SITUATED, OR COSTS OF THE PREPARATION OF THE WORKABLE PROGRAM REFERRED TO IN SECTION 101(C) OF TITLE I; (2) COSTS OF A REGULAR OR CONTINUING NATURE: PROVIDED, HOWEVER, THAT SALARIES AND WAGES OF OFFICERS AND EMPLOYEES OF THE LOCAL PUBLIC AGENCY WHO DEVOTE OFFICIAL TIME DIRECTLY TO THE PROJECT PLANNING UNDER SPECIFIC ASSIGNMENTS AND RESPECTING WHOM ADEQUATE RECORDS OF THE TIME DEVOTED TO AND THE WORK PERFORMED IN THE PROJECT PLANNING ARE MAINTAINED BY THE LOCAL, PUBLIC AGENCY MAY BE CONSIDERED AS COSTS CHARGEABLE TO THE SURVEYING AND PLANNING ACCOUNT TO THE EXTENT OF THE TIME THUS DEVOTED AND RECORDED, PROVIDED THEY ARE OTHERWISE IN ACCORD WITH THE PROVISIONS OF THIS CONTRACT. (3) COSTS INCURRED IN OR ARISING FROM ACTIONS CONCERNING WHICH TH E LOCAL PUBLIC AGENCY HAS BEEN REQUESTED, IN ACCORDANCE WITH SECTION 4O6 HEREOF, TO FURNISH DATA TO THE COMMISSIONER RELATING TO SUCH PROPOSED ACTIONS, IF THE LOCAL PUBLIC AGENCY SHALL HAVE TAKEN SUCH ACTION WITHOUT HAVING BEEN ADVISED BY THE COMMISSIONER THAT THE GOVERNMENT HAS NO OBJECTION TO ITS SO DOING; OR (4) COSTS INCURRED BY THE LOCAL PUBLIC AGENCY AFTER NOTICE OF THE SUSPENSION OR TERMINATION, IN ACCORDANCE WITH SECTION 104 HEREOF, OF ANY OR ALL OF THE GOVERNMENTS OBLIGATIONS UNDER THIS CONTRACT, WITHOUT THE WRITTEN CONSENT OF THE COMMISSIONER TO THE INCURRING OF SUCH COSTS. SEC. 206. CHECKS, ORDERS AND VOUCHERS. ANY CHECK OR ORDER DRAWN BY THE LOCAL PUBLIC AGENCY WITH RESPECT TO ANY ITEM WHICH IS OR WILL BE CHARGEABLE AGAINST THE SURVEYING AND PLANNING ACCOUNT WILL BE DRAWN ONLY IN ACCORDANCE WITH A PROPERLY SIGNED VOUCHER THEN ON FILE IN THE OFFICE OF THE LOCAL PUBLIC AGENCY STATING IN PROPER DETAIL THE PURPOSES FOR WHICH SUCH CHECK OR ORDER 15 DRAWN. °5- ARTICLE III -- REPAYMENT, DISPOSITION OR TRANSFER OF FUNDS BY LOCAL PUBLIC AGENCY SEC- 301. REPAYMENTS OF ADVANCE. THE LOCAL PUBLIC AGENCY WILL REPAY, WITH INTEREST AS SPECIFIED IN PART I, EACH ADVANCE PAYMENT WHICH IS MADE TO IT UNDER THIS CONTRACTS OUT OF ANY MONEYS WHICH BECOME AVAILABLE TO ITS FROM WHATEVER SOURCE DERIVED, FOR THE UNDERTAKING OF THE PROJECT INVOLVED HEREIN. SEC. 302. DISPOSITION OF CERTAIN MONEYS ON TERMINATION OF GOVERNMENTS OBLIGATIONS. UPON TERMINATION, PURSUANT TO SECTION 104 HEREOF, OF THE GOVERNMENT'S OBLIGATIONS UNDER THIS CONTRACTS THE LOCAL PUBLIC AGENCY WILL CREDIT TO THE SURVEYING AND PLAN- NING ACCOUNT THE PROCEEDS FROM THE SALE, AT FAIR MARKET VALUE, OF THE MATERIALS, EQUIPMENT, SUPPLIES AND PROPERTY ON HAND WHICH WERE ACQUIRED WITH SURVEYING AND PLANNING ACCOUNT FUNDS HEREUNDER OR, IN THE ALTERNATIVE, A SUM EQUAL TO SUCH FAIR MARKET VALUE: PROVIDED, THAT THE FOREGOING REQUIREMENT OF THIS SECTION SHALL APPLY ONLY TO THE EXTENT THAT THE ADVANCE PAYMENTS MADE TO THE LOCAL PUBLIC AGENCY UNDER THIS CONTRACT SHALL NOT HAVE BEEN PREVIOUSLY REPAID WITH INTEREST THEREON AS SPECIFIED IN PART I HEREOF. SEC. 303. REMITTANCE OF UNEXPENDED BALANCE IN SURVEYING AND PLANNING ACCOUNT. UPON COMPLETION OF THE PROJECT PLANNING OR UPON TERMINATION, PURSUANT TO SECTION 104 HEREOF, OF THE GOVERNMENT'S OBLIGATIONS UNDER THIS CONTRACT, THE LOCAL PUBLIC AGENCY WILL REMIT TO THE GOVERNMENT THE AMOUNT OF THE UNEXPENDED BALANCE, IF ANY, OF FUNDS CREDITED TO THE SURVEYING AND PLANNING ACCOUNT AFTER THE PAYMENT OR PROVISION FOR PAYMENT BY THE LOCAL PUBLIC AGENCY OF SUCH COSTS AS AREy IN ACCORDANCE HEREWITH, CHARGEABLE TO THE SURVEYING AND PLANNING ACCOUNTS AND THE GOVERNMENT WILL CREDIT THE AMOUNT SO RETURNED AGAINST THE OUTSTANDING PRINCIPAL AMOUNT OF THE ADVANCE: PROVIDED, THAT THE FOREGOING REQUIREMENTS OF THIS SECTION SHALL APPLY ONLY TO THE EXTENT THAT THE ADVANCE PAYMENTS MADE TO THE LOCAL PUBLIC AGENCY UNDER THIS CONTRACT SHALL NOT HAVE BEEN PREVIOUSLY REPAID WITH INTEREST THEREON AS SPECIFIED IN PART I HEREOF. SEC. 304. TRANSFER OF UNEXPENDED BALANCE IN SURVEYING AND PLANNING ACCOUNT UPON REPAYMENT OF ADVANCE. UPON COMPLETION OF THE PROJECT PLANNING AND AFTER THE EXECU- TION OF A CONTRACT WITH THE GOVERNMENT UNDER TITLE I FOR FINANCIAL AID FOR THE UNDERTAKING OF THE PROJECT, IF THE ADVANCE PAYMENTS THERETOFORE MADE TO THE LOCAL PUBLIC AGENCY HEREUNDER SHALL HAVE BEEN REPAID WITH INTEREST THEREON AS SPECIFIED IN PART I HEREOF OUT OF MONEYS MADE AVAILABLE TO IT FOR THE UNDERTAKING OF THE PROJECT, THE LOCAL PUBLIC AGENCY WILL TRANSFER TO THE PROJECT EXPENDITURES ACCOUNT ESTABLISHED IN ACCORDANCE WITH SUCH CONTRACT AND MAKE AVAILABLE FOR PROJECT PURPOSES THE UNEXPENDED BALANCE, IF ANY, OF FUNDS CREDITED TO THE SURVEYING AND PLANNING ACCOUNT HEREUNDER, AFTER PAYMENT OR PROVISION FOR PAYMENT OF SUCH COSTS AS ARE, IN ACCORDANCE HEREWITH, CHARGEABLE TO THE SURVEYING AND PLANNING ACCOUNT. SEC. 305. ACCEPTANCE OF FUNDS BY THE GOVERNMENT. THE ACTION OF THE GOVERNMENT IN ACCEPTING OR IN CREDITING THE AMOUNT OR AMOUNTS RETURNED BY THE LOCAL PUBLIC AGENCY IN ACCORDANCE WITH SECTION 303 SHALL NOT CONSTITUTE 'A WAIVER OF ANY CLAIM WHICH THE GOVERNMENT MAY OTHERWISE HAVE ARISING OUT OF THIS CONTRACT. -6- ARTICLE IV -- MATTERS RELATING TO ADMINISTRATION SEC. 4Ot. MAINTENANCE OF RECORDS. THE LOCAL PUBLIC AGENCY WILL KEEP SUCH RECORDS AS ARE - PRESCRIBED BY THE COMMISSIONER, WITH RESPECT TO THE MATTERS COVERED BY THIS CONTRACT, INCLUDING RECORDS WHICH PERMIT A SPEEDY AND EFFECTIVE AUDIT AND WILL FULLY DISCLOSE THE AMOUNT AND DISPOSITION BY THE LOCAL PUBLIC AGENCY OF THE PROCEEDS OF THE ADVANCE MADE TO IT, THE AMOUNT OF ANY PRIVATE OR OTHER NON FEDERAL FUNDS USED OR GRANTS -IN -AID MADE FOR OR IN CONNECTION WITH THE PROJECT PLANNING OR THE PROJECT, AND THE AMOUNT AND DISPOSITION OF ALL OTHER FUNDS WHICH ARE CREDITABLE TO THE SURVEYING AND PLANNING ACCOUNT. SUCH RECORDS SHALL ALSO INCLUDE FULL AND ACCURATE BOOKS AND RECORDS DOCUMENTING ALL RECEIPTS, DEPOSITS, AND EXPENDITURES, CHARGES AND CREDITS BY IT WITH RESPECT TO THE PROJECT PLANNING, THE SURVEYING AND PLANNING ACCOUNT, AND FUNDS BECOMING AVAILABLE TO IT FOR ITS ACTUAL UNDERTAKING OF THE PROJECT. CHECKS AND ORDERS DRAWN AGAINST THE SURVEYING AND PLANNING ACCOUNT SHALL, WHEN PAID, TOGETHER WITH THE VOUCHERS PERTAINING THERETO, BE KEPT SEPARATE AND APART FROM ALL OTHER CHECKS, ORDERS, AND VOUCHERS. SEC. 402. GOVERNMENT AUDITS AND INSPECTIONS. THE LOCAL PUBLIC AGENCY WILL, DURING NORMAL BUSINESS HOURS, PERMIT THE COMMISSIONER TO HAVE FULL AND FREE ACCESS TO AND TO EXAMINE ALL BOOKS AND RECORDS OF THE LOCAL PUBLIC AGENCY WITH RESPECT TO THE MATTERS COVERED BY THIS CONTRACT AND WILL PERMIT THE COMMISSIONER TO MAKE AUDITS OF SUCH MATTERS AND OF ITS PAYROLLS, RECORDS OF PERSONNEL, CONDITIONS OF EMPLOYMENT, INVOICES, BOOKS OF ACCOUNTS AND OTHER DATA RELATIVE TO SUCH MATTERS. SEC. 403. REPORTS AND INFORMATION. THE LOCAL PUBLIC AGENCY WILL FURNISH THE COMMISSIONER WITH SUCH PERIODIC REPORTS, STATEMENTS AND OTHER DOCUMENTARY DATA AND INFORMATION AS HE MAY REASONABLY REQUEST RELATIVE TO THE MATTERS REFERRED TO IN THE TWO PRECEEDING SECTIONS AND TO THE PROGRESS AND STATUS OF THE PROJECT PLANNING, AND AS TO ITS COMPLIANCE WITH THE PROVISIONS OF THIS CONTRACT. SEC. 404. EXPENSES FOR GOVERNMENT AUDITS, INSPECTIONS AND REPRESENTATIVES. THE LOCAL PUBLIC AGENCY WILL COMPENSATE THE GOVERNMENT FOR EXPENSES BY THE GOVERNMENT OF INSPECTIONS AND AUDITS OF THE LOCAL PUBLIC AGENCY °S'OPERATIONS HEREUNDER, AND OF PROVIDING REPRESENTATIVES AT THE SITE OF THE PROJECT DURING PROJECT PLANNING, BY PAYING THE GOVERNMENT A FIXED FEE THEREFOR IN THE AMOUNT SET FORTH IN SECTION 6, PART I HEREOF. NOTWITHSTANDING ANY OTHER PROVISFON OF THIS CONTRACT, THE AMOUNT OF SUCH COMPENSATION SHALL BE CHARGEABLE AGAINST THE SURVEYING AND PLANNING ACCOUNT AND SHALL BE PAID BY THE LOCAL PUBLIC AGENCY FROM FUNDS PROVIDED FOR THE PROJECT PLANNING PROMPTLY AS SUCH FUNDS ARE PROVIDED. SEC. 405. INSURANCE AND BONDS. THE LOCAL PUBLIC AGENCY WILL PROCURE AND MAIN- TAIN OR CAUSE THE PROCUREMENT AND MAINTENANCE OF INSURANCE AND FIDELITY AND SURETY BONDS AS MAY BE APPROPRIATE AND NECESSARY IN CONNECTION WITH PROJECT PLANNING BY OR ON BEHALF OF THE LOCAL PUBLIC AGENCY HEREUNDER, AND FOR THE PROTECTION OF ALL FUNDS AND PROPERTY BECOMING AVAILABLE TO OR ACQUIRED BY IT OR ON ITS BEHALF FOR THE UNDERTAKING AND CARRYING OUT THE PROJECT PLANNING. SUCH INSURANCE AND BONDS SHALL BE OF SUCH TYPES AND IN SUCH AMOUNTS AS SHALL BE PROPER AND ADEQUATE TO PROTECT THE INTERESTS OF THE LOCAL PUBLIC AGENCY UNDER AND BY VIRTUE OF THIS CONTRACT, AND SHALL BE PROCURED FROM FINANCIALLY SOUND INSURANCE, FIDELITY OR SURETY COMPANIES AT THE LOWEST PRACTICABLE COST. -7° SEC. 406. DATA CONCERNING PROPOSED ACTIONS. THE LOCAL PUBLIC AGENCY WILL PROMPTLY FURNISH TWO COPIED AND SUCH ADDITIONAL COPIES AS THE COMMISSIONER MAY REASONABLY REQUEST OF THE FOLLOWING DESCRIBED DOCUMENTS AND DATA PERTAIN- ING TO ACTIONS THEN PROPOSED TO BE TAKEN BY THE LOCAL PUBLIC AGENCY WITH RESPECT TO THE PROJECT PLANNING UNDER THIS CONTRACT: (A) PROPOSED CONTRACT DOCUMENTS OF ALL TYPES; (B) TABULATIONS OF BIDS OR PROPOSALS RECEIVED ON SUCH RPOPOSED CONTRACTS; (C) PROPOSED AWARDS OF SUCH CONTRACTS; (D) COPIES OF PROPOSED PURCHASE ORDERS; (E) PROPOSED CONTRACT AMENDMENTS, CHANGE' - ORDERS, NOVATIONS, OR ASSIGNMENTS; (F) PROPOSED DETERMINATIONS RESPECTING LIQUIDATED DAMAGES AND EXTENSIONS OF TIME UNDER CONTRACTS; AND (G) OTHER DATA RELATIVE TO ANY EXPENDITURES- PROPOSED TO BE MADE (INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FEES AND SALARIES PROPOSED TO BE ESTABLISHED) BY THE LOCAL PUBLIC AGENCY WITH RESPECT TO THE PROJECT PLANNING. SEC. 407. DATA CONCERNING ACCOMPLISHED ACTIONS. THE LOCAL PUBLIC AGENCY WILL PROMPTLY FURNISH TWO COPIES AND SUCH ADDITIONAL COPIES (CONFORMED OR EXECUTED) AS THE COMMISSIONER MAY REASONABLY REQUEST OF THE FOLLOWING DOCUMENTS PERTINENT TO THE PROJECT PLANNING UNDER THIS CONTRACT: (A) CONTRACTS AND PURCHASE ORDERS; (B) CONTRACT AMENDMENTS AND CHANGE ORDERS, CONTRACT NOVATIONS AND ASSIGNMENTS, AND CONTRACT TIME EXTENSIONS; (C) ORDINANCES, RESOLUTIONS, OR OTHER PROCEEDINGS; (D) PAYROLLS AND OTHER DATA RELATING TO THE PROVISIONS OF THIS CONTRACT PERTAINING TO EMPLOYMENT; (E) FIDELITY BONDS, SURETY BONDS, INSURANCE POLICIES OR CERTIFICATES COVERING OR OTHER PROOFS OF INSURANCE OR OF SUCH p BONDS OR POLICIES; AND (F) OTHER RELEVANT DOCUMENTARY DATA. SEC. YOU. _ "OTHER DATA RELATIVE TO THE PROJECT. THE LOCAL PUBLIC AGENCY WILL FURNISH TWO COPIES AND SUCH ADDITIONAL COPIES AS THE COMMISSIONER MAY REASONABLY REQUEST OF THE FOLLOWING DOCUMENTS PERTINENT TO THE UNDERTAKING OF THE PROJECT: (A) PROJECT PLANS, INCLUDING THE URBAN RENEWAL PLAN FOR THE PROJECT, APPRAISAL REPORTS, TITLE DOCUMENTS, AND OTHER DOCUMENTS RELATING TO THE ACQUISITION OF LAND, PLANS FOR CARRYING OUT A PROGRAM OF VOLUNTARY REPAIR AND REHABILITATION OF BUILDING AND IMPROVEMENTS, AND PLANS FOR THE ENFORCEMENT OF STATE AND LOCAL LAWS, CODES, AND REGULATIONS RELATING TO THE USE OF LAND AND THE USE AND OCCUPANCY OF BUILDINGS AND IMPROVEMENTS, AND TO THE COMPULSORY REPAIR tt REHABILITATION, DEMOLITION, OR REMOVAL OF BUILDINGS AND IMPROVEMENTS; (BJ THE GENERAL PLAN FOR DEVELOPMENT OF THE LOCALITY AS A WHOLE; (C) DOCUMENTARY DATA WITH RESPECT TO THE WORKABLE PROGRAM REFERRED TO IN SECTION 101 (C) OF TITLE 1; (D) PROCEEDINGS OF THE LOCAL PUBLIC AGENCY AND OF THE GOVERNING BODY OF THE LOCALITY IN WHICH THE URBAN RENEWAL AREA 15 LOCATED PERTAINING TO THE PROJECT; (E) PROCEEDINGS EV9DENCING THE HOLDING OF A PUBLIC HEARING RESPECTING THE UNDERTAKING OF THE PROJECT; (F) STUDIES AND REPORTS PERTAINING TO THE URBAN RENEWAL AREA AND THE PROJECT; (G) LAND ACQUISITION, LAND DISPOSITION, PROPERTY MANAGE -MENT AND RELOCATION DOCUMENTS AND PLANS; (H) FINANCIAL DOCUMENTS AND PLANS WITH RESPECT TO THE PROJECT, INCLUDING EVIDENCE OF THE AVAILABILITY OF LOCAL GRANTS -IN -AID; AND (1) OTHER RELEVANT DOCUMENTARY DATA. e ARTICLE V - -- MISCELLANEOUS PROVISIONS SEC. 501. ACCOMPLISHMENT OF WORK. TO THE EXTENT THAT FUNDS ARE AVAILABLE THEREFOR, THE LOCAL PUBLIC AGENCY WILL COMMENCE, CARRY ON AND COMPLETE THE PROJECT PLANNING WITH ALL PRACTICABLE DISPATCH, IN A SOUND, ECONOMICAL AND EFFICIENT MANNER, IN ACCORDANCE WITH ALL APPLICABLE LAWS AND THE PROVISIONS OF THIS CONTRACT. SEC, 502. COMPETITIVE BIDDING. THE LOCAL PUBLIC AGENCY WILL GIVE FULL OPPORTUNITY FOR FREE, OPEN AND COMPETITIVE BIDDING FOR EACH CONTRACT TO BE LET BY IT CALLING FOR THE FURNISHING OF ANY MATERIALS, SUPPLIES OR EQUIPMENT FOR USE IN 17S UNDERTAKING OF THE PROJECT PLANNING; WILL GIVE SUCH PUBLICITY TO ITS ADVERTISEMENTS OR CALLS FOR BIDS FOR EACH SUCH CONTRACT AS WILL PROVIDE ADEQUATE COMPETITION; AND THE AWARD OF EACH SUCH CONTRACT, WHEN MADE, WILL BE MADE BY IT AS SOON AS PRACTICABLE TO THE LOWEST RESPONSIBLE BIDDER: PROVIDED g THAT IN THE SELECTION OF SUCH MATERIALS, EQUIPMENT OR SUPPLIES, THE LOCAL PUBLIC AGENCY MAY, IN THE INTEREST OF STANDARDIZATION OR ULTIMATE ECONOMY, IF THE ADVANTAGE OF SUCH STANDARDIZA- TION OR SUCH ULTIMATE ECONOMY IS CLEARLY EVIDENT AND AN APPROPRIATE PRO- VISION FOR SUCH ACTION IS INCLUDED BY IT IN THE PROPOSED CONTRACT DOCUMENTS UPON WHICH BIDS ARE INVITED, AWARD A CONTRACT TO A RESPONSIBLE BIDDER OTHER THAN THE LOWEST IN PRICE: PROVIDED FURTHER, THAT IF THE ESTIMATED AMOUNT OF THE PROPOSED CONTRACT, AS ESTIMATED BY THE LOCAL PUBLIC AGENCY, 15 $2,500 OR LESS, SUCH CONTRACT MAY, EXCEPT WHERE CONTRARY TO THE REQUIREMENTS OF STATE OR LOCAL LAW, BE LET ON THE BASIS OF INFORMAL BIDDING: PROVIDED FURTHER, THAT PURCHASES OF SUCH MATERIALS, EQUIPMENT OR SUPPLIES IN AMOUNTS OF $1,000 OR LESS MAY, EXCEPT WHERE CONTRARY TO THE REQUIREMENTS OF STATE OR LOCAL LAW, BE MADE FROM TIME TO TIME BY THE LOCAL PUBLIC AGENCY WITHOUT OBSERVANCE OF THE OTHER PROVISIONS OF THIS SECTION. SEC. 503. CERTAIN REQUIREMENTS CONCERNING LAND. THE LOCAL PUBLIC AGENCY WILL, IN ACCOMPLISHING THE PROJECT PLANNING, INCLUDE, AMONG OTHER THINGS, PROVISIONS TO ASSURE THAT IN UNDERTAKING AND CARRYING OUT THE PROJECT IT WILL: (A) TAKE ALL REASONABLE MEASURES TO REMOVE-OR ABROGATE OR TO CAUSE TO BE REMOVED OR ABROGATED, ANY AND ALL LEGALLY ENFORCEABLE PROVISIONS IN ANY AND ALL AGREEMENTS, LEASES, CONVEYANCES OR OTHER INSTRUMENTS RESTRICTING, UPON THE BASIS OF RACE, RELIGION, COLOR OR NATIONAL ORIGIN, THE SALE, LEASE OR OCCUPANCY OF ANY LAND IN THE URBAN RENEWAL AREA WHICH SUCH LOCAL PUBLIC AGENCY ACQUIRES AS A PART OF THE PROJECT; AND (B) NOT ITSELF EFFECT OR EXECUTE, AND WILL ADOPT EFFECTIVE MEASURES TO ASSURE THAT THERE IS NOT EFFECTED OR EXECUTED BY THE PURCHASERS OR LESSEES FROM IT (OR THE SUCCESSORS IN INTEREST OF SUCH PURCHASERS OR LESSEES), ANY AGREEMENT, LEASE, CONVEYANCE OR OTHER INSTRUMENT WHEREBY LAND IN THE URBAN RENEWAL AREA WHICH IS DISPOSED OF BY SUCH LOCAL PUBLIC AGENCY AS A PART OF THE PROJECT, IS RESTRICTED, EITHER BY SUCH LOCAL PUBLIC AGENCY OR BY SUCH PURCHASERS, LESSEES OR SUCCESSORS IN INTEREST, UPON THE BASIS OF RACE; RELIGION, COLOR OR NATIONAL ORIGIN, IN THE SALE, LEASE OR OCCUPANCY THEREOF. wz SEC. 504. NON - DISCRIMINATION AGAINST EMPLOYEES OR APPLICANTS FOR EMPLOYMENT. IN THE UNDERTAKING AND CARRYING OUT OF THE PROJECT PLANNING, THE LOCAL PUBLIC AGENCY WILL NOT DISCRIMINATE AGAINST ANY EMPLOYEE OR APPLICANT FOR EMPLOYMENT BECAUSE OF RACE, RELIGION, COLOR OR NATIONAL ORIGIN. THIS PROVISION SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING; EMPLOYMENT, UPGRADING, DE- MOTION, OR TRANSFER; RECRUITMENT OR RECRUITMENT ADVERTISING; LAYOFF OR TERMINA- TION; RATES OF PAY OR OTHER FORMS OF COMPENSATION; AND SELECTION FOR TRAINING, INCLUDING APPRENTICESHIP. THE LOCAL PUBLIC AGENCY WILL INSERT THE FOREGOING PROVISION (MODIFIED ONLY TO SHOW THE PARTICULAR CONTRACTULAR RELATIONSHIP) IN ALL OF ITS CONTRACTS FOR THE PROJECT PLANNING AND WILL REQUIRE ALL SUCH CON- TRACTORS TO INSERT A SIMILAR PROVISION IN ALL SUBCONTRACTS FOR THE PROJECT PLANNING. SEC. 505. CERTAIN PROVISIONS IN CONTRACTS WITH THIRD PARTIES. THE LOCAL PUBLIC AGENCY WILL INCORPORATE IN EACH CONTRACT ENTERED INTO BY IT WITH ANY PARTY WITH RESPECT TO THE PROJECT PLANNING, SUCH PROVISIONS AND CONDITIONS, NOT INCONSISTENT WITH APPLICABLE LAW, AS MAY BE NECESSARY TO ENABLE IT TO PERFORM AND CARRY OUT SUCH WORK AND TO OBSERVE, REQUIRE APPROPRIATE OBSERVANCE OF, PERFORM AND CARRY OUT THE APPLICABLE PROVISIONS OF THIS CONTRACT. SEC. 506. MEETING REQUIREMENTS OF STATE OR LOCAL LAW. IN THE EVENT THAT ANY ELECTION, REFERENDUM, PERMIT, APPROVAL, NOTICE OR OTHER PROCEEDING OR AUTHORI- ZATION IS REQUISITE UNDER APPLICABLE LAW IN ORDER FOR THE LOCAL PUBLIC AGENCY TO ACCEPT THE OFFER OR TO UNDERTAKE THE PROJECT PLANNING THEREUNDER, OR TO OBSERVE, ASSUME OR CARRY OUT ANY OF THE PROVISIONS OF THIS CONTRACT TO BE OBSERVED, ASSUMED OR CARRIED OUT BY IT, THE LOCAL PUBLIC AGENCY WILL INITIATE AND CONSUMMATE, AS PROVIDED BY LAW, ALL ACTIONS NECESSARY TO BE INITIATED AND CONSUMMATED BY IT WITH RESPECT TO ANY SUCH MATTER SO REQUISITE. SEC. 507, INTEREST OF CERTAIN FEDERAL OFFICIALS. NO MEMBER OF OR DELEGATE TO THE CONGRESS OF THE UNITED STATES, AND NO RESIDENT COMMISSIONER, SHALL BE ADMITTED TO ANY SHARE OR PART OF THIS CONTRACT OR TO ANY BENEFIT TO AR15E FROM THE SAME. SEC. 508. 'INTEREST OF LOCAL PUBLIC AGENCY PERSONNEL AND OTHER PUBLIC OFFICIALS. (A)- THE LOCAL PUBLIC AGENCY WILL ADOPT AND ENFORCE MEASURES APPRO- PRIATE TO ASSURE THAT NO MEMBER OF ITS GOVERNING BODY.ANO NO OTHER OFFICER OR EMPLOYEE OF THE LOCAL PUBLIC AGENCY WHO EXERCISES ANY FUNCTIONS OR RESPONSI- BILITIES IN CONNECTION WITH THE UNOERTAKING OR CARRYING OUT OF THE PROJECT PLANNING OR THE PROJECT SHALL, PRIOR TO THE COMPLETION OF THE PROJECT, VOLUNARILY ACQUIRE ANY PERSONAL INTEREST, DIRECT OR INDIRECT, IN ANY PROPERTY INCLUDED IN THE URBAN RENEWAL AREA, OR IN ANY CONTRACT OR PROPOSED CONTRACT IN CONNECTION WITH THE PROJECT PLANNING OR THE UNDERTAKING OF THE PROJECT. IF ANY SUCH MEMBER, OFFICER OR EMPLOYEE PRESENTLY OWNS OR CONTROLS, OR IN THE FUTURE INVOLUNTARILY ACQUIRES, ANY SUCH PERSONAL INTEREST, HE SHALL IMMEDIATELY DISCLOSE, SUCH INTEREST TO THE LOCAL PUBLIC AGENCY. UPON SUCH DISCLOSURE SUCH MEMBER, OFFICER OR EMPLOYEE SHALL NOT PARTICIPATE IN ANY ACTION BY THE LOCAL PUBLIC AGENCY AFFECTING THE CARRYING OUT OF THE PROJECT PLANNING OR THE UNDER- TAKING OF THE PROJECT UNLESS THE LOCAL PUBLIC AGENCY SHALE. DETERMINE THAT IN THE LIGHT OF SUCH PERSONAL INTEREST, THE PARTICIPATION OF SUCH MEMBER IN ANY SUCH ACTION WOULD NOT BE CONTRARY TO THE PUBLIC INTEREST. THE LOCAL PUBLIC AGENCY WILL PROMPTLY ADVISE THE GOVERNMENT OF THE FACTS AND CIRCUMSTANCES CONCERNING ANY DISCLOSURE OF INTEREST MADE TO IT PURSUANT TO THIS PARAGRAPH. isrom (B) NO MEMBER OF THE GOVERNING BODY AND NO OTHER PUBLIC OFFICIAL OF THE LOCALITY IN WHICH THE URBAN RENEWAL AREA IS SITUATED WHO EXERCISES ANY FUNCTIONS OR RESPONSIBILITIES IN THE REVIEW OR APPROVAL OF THE UNDER- TAKING OR CARRYING OUT OF THE PROJECT PLANNING OR THE PROJECT INVOLVED THEREIN SHALL,.PRIOR TO THE COMPLETION OF THE PROJECT, VOLUNTARILY ACQUIRE ANY PERSONAL INTEREST, DIRECT OR INDIRECT, IN ANY PROPERTY INCLUDED IN THE URBAN RENEWAL AREA, OR IN ANY CONTRACT OR PROPOSED CONTRACT IN CONNECTION WITH THE PROJECT PLANNING OR THE UNDERTAKING OF THE PROJECT. (C) ANY VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL CONSTITUTE GROUNDS FOR THE TERMINATION OF THE GOVERNMENT'S OBLIGATIONS UNDER THIS CONTRACT. SEC. 509. INDIVIDUAL LIABILITY OF LOCAL PUBLIC AGENCY PERSONNEL. NO MEMBER OF THE LOCAL PUBLIC AGENCY'S GOVERNING BODY, AND NO OFFICER OF THE LOCAL PUBLIC AGENCY, SHALL BE INDIVIDUALLY OR PER50NALLY LIABLE ON ANY OBLIGATION ASSUMED BY THE LOCAL PUBLIC AGENCY HEREUNDER. SEC. 510. BONUS OR COMMISSION. THE LOCAL PUBLIC AGENCY WILL NOT PAY ANY BONUS OR COMMISSION FOR THE PURPOSE OF OBTAINING APPROVAL OF THE APPLICATION FOR THE FEDERAL FINANCIAL ASSISTANCE PROVIDED FOR HEREIN, OR ANY OTHER APPROVAL WHICH MAY BE NECESSARY UNDER THIS CONTRACT. SEC. 511. CLAIMS AGAINST GOVERNMENT BY OTHER PERSONS. NEITHER THIS CONTRACT NOR ANY ACTS IN PURSUANCE HEREOF SHALL CONSTITUTE ANY OBLIGATION BY THE GOVERN- MENT TO ENTER INTO ANY CONTRACT WITH THE LOCAL PUBLIC AGENCY OR ANY OTHER ENTITY FOR OTHER OR ADDITIONAL FEDERAL FINANCIAL A551STANCE IN CONNECTION WITH THE PROJECT PLANNING OR THE PROJECT. SEC. 512. PROVISIONS CONCERNING CERTAIN WAIVERS. SUBJECT TO APPLICABLE FEDERAL LAW, ANY RIGHT OR REMEDY WHICH THE GOVERNMENT MAY HAVE UNDER THIS CONTRACT MAY BE WAIVED IN WRITING BY THE GOVERNMENT BY A FORMAL WAIVER AND EITHER WITH OR WITHOUT THE EXECUTION OF ANY AMENDATORY OR SUPPLEMENTARY AGREEMENT, IF, IN THE JUDGMENT OF THE COMMISSIONER, THIS CONTRACT, AS SO MODIFIED, WILL STILL CONFORM TO THE TERMS AND REQUIREMENTS OF PERTINENT LAWS. SEC-513. WHEN RIGHTS AND REMEDIES NOT WAIVED. IN NO EVENT SHALL THE MAKING BY THE GOVERNMENT OF ANY ADVANCE PAYMENT TO THE LOCAL PUBLIC AGENCY CONSTITUTE OR BE CONSTRUED AS A WAIVER BY THE GOVERNMENT OF ANY BREACH OF COVENANT OR ANY DEFAULT WHICH MAY THEN EXIST ON THE PART OF THE LOCAL PUBLIC AGENCY, AND THE MAKING OF ANY SUCH PAYMENT BY THE GOVERNMENT WHILE ANY SUCH BREACH OR DEFAULT SHALL EXIST SHALL IN NO WISE IMPAIR OR PREJUDICE ANY RIGHT 09 REMEDY AVAILABLE TO THE GOVERNMENT IN RESPECT OF SUCH BREACH OR DEFAULT. SEC. 514. HOW CONTRACT AFFECTED BY PROVISIONS BEING HELD INVALID. IF ANY PRO- VISION 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 TITLE I AND OTHER APPLICABLE LAWS. ffm SEC. 595. NAMING PROJECT. THE PROJECT SHALL NOT BE NAMED FOR ANY PERSON THEN LIVING. SEC. 516. STATE LAW. NOTWITHSTANDING ANY OTHER PROVISION HEREOF, NOTHING HEREIN SHALL REQUIRE THE LOCAL PUBLIC AGENCY TO OBSERVE OR ENFORCE COMPLIANCE WITH ANY PROVISIONS HEREOF, PERFORM ANY OTHER ACT OR DO ANY OTHER THING, IN CONTRAVENTION OF ANY APPLICABLE STATE LAW: PROVIDED, THAT IF ANY OF THE PROVISIONS HEREOF VIOLATES, OR IF COMPLIANCE THEREWITH WOULD REQUIRE THE LOCAL PUBLIC AGENCY TO VIOLATE, ANY STATE LAW, OR IF BECAUSE OF ANY OTHER REASON, THE LOCAL PUBLIC AGENCY CANNOT COMPLY WITH ANY OF SUCH PROVISIONS, THE LOCAL PUBLIC AGENCY SHALL AT ONCE SO NOTIFY THE COMMISSIONER IN WRITING IN ORDER THAT SUCH CHANGES AND MODIFICATIONS AS MAY BE APPROPRIATE MAY BE MADE. SEC. 597, COMPLETENESS OF CONTRACT. THIS CONTRACT CONTAINS ALL THE TERMS AND CONDITIONS AGREED UPON BY THE PARTIES HERETO, AND NO THEIR AGREEMENTS, ORAL OR OTHERWISE, REGARDING THE SUBJECT MATTER OF THIS CONTRACT, SHALL BE DEEMED TO EXIST OR TO BIND ANY OF THE PARTIES HERETO. -92- CORPUS I S T STI, TEXAS 1956 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN; 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 17 IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, HEREBY 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. RESPECTFULLY, MAYOR / THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULLI W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE; FARRELL D. SMITH MINOR CULL[ W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO TS2-9