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Home My WebLink About19323 ORD - 06/03/1986AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CORPUS CHRISTI AREA ECONOMIC DEVELOPMENT CORPORATION FOR THE OPERATION OF THE BUSINESS DEVELOPMENT ACTIVITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be authorized to execute an agreement with the Corpus Christi Area Economic Development Corporation for the operation of the Business Development activity, all as more fully set forth in the contract, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". ORDINANCE.019.04 19323 MICROFILMED AGREEMENT STATE OF TEXAS COUNTY OF NUECES KNOW ALL BY THESE PRESENTS: This Agreement executed by and between the City of Corpus Christi, Texas, a municipal corporation (hereinafter "City") and the Corpus Christi Area Economic Development Corporation, a Texas non-profit corporation (hereinafter "Corporation") is to provide as follows: PURPOSE: The Corporation agrees to assume and perform the duties established by Article V, Section 13, Corpus Christi City Charter, including the duty of performing as an advisory board to the City Council and to investigate and recommend to the Council such projects as in its opinion would be advantageous to the future growth of the City and to assist the City in the establishment and location of industries. The Corporation further agrees to assume the duties and responsibilities of the Business Development Commission of the City by conducting research and development of information regarding area economics, finance, education and training, housing, planning and development and other similar matters of public concern to further the goal of future growth of the City and to assist the City in establishment and location of industries; the dissemination of such information to the public through various and diverse educational processes such as the publication of the results of such research and development, conducting seminars, forums, discussion groups, and participating in expositions, trade shows, conventions and other meetings; in furthering its responsibilities, the corporation may maintain offices throughout Texas, United States and other parts of the world for the dissemination of such information and to assist in the establishment and location of industries and to promulgate future growth of the City; and any and all other lawful activities which tend to aid, assist, or otherwise encourage the above aims including, but not limited to, educational purposes. TERM: The term of this Agreement shall commence on August 1, 1986, and continue for a two-year period, subject to annual appropriations by the City. CANCELLATION: Either party may cancel this Agreement by giving ninety (90) days notice to the other party in accordance with this Agreement. RECORDS: The Corporation agrees to record revenues, expenditures, and a balance sheet on a monthly basis, and financial statements shall be prepared annually in accordance with generally accepted accounting principals, all of which documents and records shall be made available to the City upon request. REPORTS: At least quarterly each year during the term hereof, the Corporation will furnish to the City a performance report of its work under this Agreement which shall reflect overall activity, meetings, contacts and other activities conducted by the Corporation, such report to include such data as required by the City. Any communications or contacts which are of a confidential nature will be limited to a general description only, provided, however, the City Manager of the City of Corpus Christi shall have the authority to review all communications and/or contacts and determine whether such contacts are confidential. COMPENSATION: The City agrees to pay to the Corporation the sum of $240,000 during the first year of the term hereof and the sum of $250,000 02i.009.02.15.np -2- during the second year of the term hereof, which sums shall be paid in quarterly installments in advance each year, subject to appropriation. DIRECTORS: The City may appoint three persons or such other number as agreed by the governmental entities contributing to the Corporation agree to serve as Directors on the Board of the Corporation for such initial terms as shall be established by drawing lots among the first class of Directors. In the event of the resignation or removal of any Director appointed by the City, a successor shall be appointed by the City in the same manner as provided for the initial appointment of directors. In the event the City fails to renew this Agreement or make the annual appropriations required under any current agreement with the Corporation, the Directors appointed by the City shall forfeit their remaining term of office. In the event of any partial reduction in funding by the City or redistribution of funding of such a proportion which would require reallocation of the Directors appointed by the governmental entities among such entities, any reduction of Directors appointed by the City shall be accomplished by eliminating the position or positions of Director(s) in order beginning with the Director whose term is next scheduled to expire. NOTICES: All notices, requests or other communications relating to this Agreement shall be made in writing and may be given by (i) depositing same in the United States mail, postage prepaid, return receipt requested, addressed as set forth in this paragraph or (ii) delivering the same to the party to be notified. Notice given in accordance with (i) hereof shall be effective upon deposit in the United State mail. The notice addresses that the parties hereto shall, until changed, be as follows: City: City of Corpus Christi, Texas 302 S. Shoreline P. 0. Box 9277 Corpus Christi, Texas 78469 Attention: City Manager 02i.009.02.15.np -3- Corporation: Corpus Christi Area Economic Development Corporation 1201 N. Shoreline P. 0. Box 640 Corpus Christi, Texas 78403 Attention: President EQUAL OPPORTUNITY. The Corporation agrees to abide by the equal opportunity requirements of the City and shall: (a) treat all applicants and employees without discrimination as to race, color, religion, sex, national origin or handicap; (b) identify itself as an "Equal Opportunity Employer" in all help wanted advertising or requests. SEVERABILITY. In the event that any section, subsection or paragraph of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such termination shall not affect the remainder of the Agreement and the same shall be given full force and effect as if said invalid section, subsection or paragraph had not been included herein. AMENDMENTS AND COUNTERPARTS. No amendments, modifications or other changes to this Agreement shall be valid or effective absent the written agreement of the parties hereto. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. EXECUTED this day of May, 1986, binding the respective parties the 1st day of August, 1986. ATTEST: CITY OF CORPUS CHRISTI, TEXAS By: By: City Secretary Ernest M. Briones Acting City Manager 02i.009.02.15.np -4- APPROVED AS TO LEGAL FORM: This day of May, 1986 HAL GEORGE, CITY ATTORNEY By: CORPUS CHRISTI AREA ECONOMIC DEVELOPMENT CORPORATION By: 02i.009.02.15.np -5- Name: President That the foregoing ordinance w read for e first time and yssed to its second reading on this the day of , 19 . , by the following vote: Joe McComb / Frank Mendez /J Bill Pruet / Mary Pat Slavik /. Linda Strong / Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero That the foregoing ordinance waa read for a second time and third reading on this the 27 day of , 19 following vote: / 1 Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong sed to its , by the That the foregoing ordinan Z was read for the hird time and passed finally on this the Wit day of �� , 19 J , by the followi • vote: Joe McComb Frank Mendez Bill Pruet / , Mary Pat Slavik // Linda Strong / Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero PASSED AND APPROVED, this the ATT : day of ecretary APP OVED: WA DAY OF rney 19r . MAY THE ITY OF CORPUS CHRISTI, TEXAS 19323