Loading...
HomeMy WebLinkAbout020770 RES - 09/05/1989A RESOLUTION AMENDING RESOLUTION 19867 AND AUTHORIZING THE EXECUTION OF AN AMENDED AGREEMENT WITH HEART OF CORPUS CHRISTI, INC. FOR SERVICES ASSISTING THE CITY IN REVITALIZING THE DOWNTOWN/UPTOWN AREA WHEREAS, the City Council by Resolution 19867, dated July 28, 1987, authorized execution of a contract with Heart of Corpus Christi, Inc., for a period of three years beginning August 1, 1987; and WHEREAS, the City desires to extend the term of the contract for an additional year so that Heart of Corpus Christi, Inc. can secure permanent funding without use of City funds or assistance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute an amended agreement with Heart of Corpus Christi, Inc. for services assisting the City in revitalizing the downtown/uptown area, all as more fully set forth in the contract attached hereto as Exhibit A. ATTEST: Cityk7)/ Secretary Y APPROVED: /5tbAY OF S '„ r,y19 td' HAL GEORGE, CITY ATTORNEY By k* Assistant City Attorney THE CITY OF CORPUS CHRISTI, TEXAS MICROFILMED 20770 AMENDED AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES § THIS AGREEMENT, made and entered into by the CITY OF CORPUS CHRISTI, TEXAS, (hereinafter called the "City"), and HEART OF CORPUS CHRISTI, INC., a Texas nonprofit corporation (hereinafter called the "Corporation"): W ITNESSET H: WHEREAS, on May 12, 1987, Mayor Betty Turner did appoint a special eight -member Downtown Revitalization Task Force charged with the mission of determining the type of organization and organizational structure needed to facilitate revitalization and development in the center of downtown/uptown Corpus Christi; and WHEREAS, pursuant to the Mayor's charge, the Task Force has held a series of meetings in which the type of organizational structure and financing utilized by various other cities in conjunction with successful efforts to implement downtown revitalization were studied by the Task Force, including the cities of Portland, Oregon; Denver, Colorado; Miami, Florida; Baltimore, Maryland; Fort Worth, Dallas, and San Antonio, Texas; and WHEREAS, the Task Force has submitted its report of findings and recommendations to the City, and, based on these findings and recommendations, the City has made the following findings and determinations: 1. Revitalization of the downtown area of Corpus Christi is of major importance to the overall economic development of the City, and it is therefore in the best interest of the City to encourage and facilitate private investment AG02.010.01 1 in, and the revitalization and economic development of, the traditional downton area of Corpus Christi; 2. The promotion of sound development and redevelopment, including, but not limited to, the development, redevelopment, renovation, and rehabilitation of areas within the downtown area of Corpus Christi, will benefit the City and its citizens; 3. What is needed to bring improvements to the downtown area of Corpus Christi is a coordinated effort by leaders in the private sector with close cooperation from the public sector working under the umbrella of a coordinating structure capable of bringing together the talents, ideas, resources, and efforts of all entities, public and private, which are engaged or interested in downtown revitalization and economic development, to assure unified direction; 4. The umbrella organization should be comprised of leaders in both the public and private sectors of the City and should be created and sanctioned by the City to bring about positive changes in the downtown area that will enhance its economic, cultural, physical, and aesthetic assets. 5. The umbrella should focus its effort on a specifically designated and described area comprising the traditional or old downtown area of Corpus Christi; 6. The successful execution of these efforts, including the attraction of new private investment to the downtown area of Corpus Christi and the effective coordination of the services required to achieve a successful revitalization and economic development program in this area will require strong executive leadership and management and an ability to deal effectively with leaders in both the public and private sectors; and AG02.010.01 2 WHEREAS, the City has further found and determined that it would be in the best interest of the city to engage the Corporation to provide the required executive direction and coordination of the city's downtown revitalization and economic development effort in close coordination with and strong participation by the City Council and its departments and agencies. NOW, THEREFORE, in consideration of the premises and in further consideration of the covenants, terms, and undertakings herein expressed, the City and the Corporation agree as follows: 1. Term. The term of this Agreement shall commence on August 1, 1987, and continue for a four-year period. 2. Name and identification of the target area. Recognizing the need to build a new public image which should be reflected by an appropriate new name, the target area, which is the subject of this contract, shall hereafter be referred to and known as the "Heart of Corpus Christi District" (the "District"), which for purposes of identification shall be that area of the City of Corpus Christi which is bounded by and includes the Marina from the breakwater to the seawall; and the mainland from Kinney Avenue on the south, to the eastbound lanes of the I-37 Exit; and between the seawall on the east and Broadway on the west; being the area shown in red on the sketch attached hereto and made a part hereof. In addition, the Corporation shall consider the interrelated interests of and effects of activities in neighboring areas, particularly those illustrated on the attached sketch and shown in yellow, blue, and green. 3. Purpose. A. Generally. The Corporation agrees to act as an "umbrella" advocacy and operating entity to assist in the development of projects, AG02.010.01 3 undertakings, studies, and other activities in cooperation with local governmental and civic bodies for the elimination of blight and blighting influences in the District and to aid, assist, and foster the planning, replanning, development, renewal, redevelopment, and improvement of the District, and to that end, shall act as an advisory board to the City Council to investigate and recommend to the Council such projects as in its opinion would be advantageous to the future growth and development of the District. The Corporation further agrees to assume the duties and responsibilities of assisting and coordinating the efforts of the public and private sectors of the City, including representatives of broad citizen, business, property, and existing organizational interests, in combatting further deterioration in the District and in securing the extension of commercial development and the provision of adequate housing and public facilities, hotels, stores, and other facilities and structures related to tourism, resort, and convention activities, and other related services and conditions, economic and otherwise, conducive to the programs and general welfare of the District in order to relieve and reduce unemployment, and to promote and provide for additional and maximum employment, and improve and maintain job opportunities in the city of Corpus Christi. In furtherance of such agreed upon activities and goals, the Corporation shall endeavor to: (1) Aid the city of Corpus Christi in attracting new commercial enterprise to the District and in encouraging the development and retention of existing commercial enterprises in the District; (2) Aid and assist in the construction, acquisition, or rehabilitation of structures and facilities in the district suitable for the purposes of commerce, tourism, resort activity, and convention accommodations; AG02.010.01 4 (3) Aid and assist in the construction, acquisition, or rehabilitation of structures or housing units within or near the District suitable for residential purposes; (4) Encourage citizen participation and disseminate information to the general public concerning objectives and purposes of the Corporation; (5) Enter into any other kind of activity and perform and carry out contracts of any kind necessary to or in connection with or incidental to the accomplishment of the above purposes; and (6) Carry out any of the foregoing activities or purposes either directly or as an agent for or with other persons, associations, corporations, or trusts. B. Specific Purposes. In furtherance of the general purposes of this Agreement set out above, the Corporation shall, during the term of this Agreement, undertake and carry out the following program of work: (1) During the first year of this Agreement, the Corporation shall establish itself as the umbrella advocacy and operating entity to carry out the purposes of the Corporation in the District and shall obtain qualification for federal tax exemption under Section 501(C)(6) of the Internal Revenue Code ("IRC"), and in order to obtain further support for the effort, shall cause to be organized and established a related charitable funding organization qualified for federal tax exemption under Section 501(C)(3) to enhance its ability to secure continuing support from a broad array of sources and make it an attractive vehicle for private fundraising through corporate, business organizations, and individual giving and foundation funding. (2) The Corporation shall employ a full-time, highly qualified, experienced, aggressive, and energetic facilitator with such support staff as is AG02.010.01 5 required to carry out the programs of the Corporation. The professional staff shall enlist and encourage the efforts of community volunteers to assist in the carrying out of the Corporation's programs. (3) The Corporation agrees that it will place on its Board of Directors in a manner consistent with its Bylaws such Board members as the Mayor and City Council of the City of Corpus Christi shall make to be on such Board of Directors. The City will notify the Corporation of such City appointees to the Corporation Board of Directors. Thereafter as the Board replaces such City appointees, those replacements will be confirmed by the Mayor and Council. (4) The Corporation shall undertake immediate private fundraising through private business sponsorships as well as such charitable funding as can be obtained, which private funds shall be combined with the public funds to be provided under the terms of this Agreenient to meet the budgetary requirements of the Corporation to meet its objectives of fostering economic revitalization of the District. (5) The Corporation shall further, during the term of this contract, develop a cohesive strategy dealing with the broad aspects of planning, development, management, and promotion of the District by assisting the City and its various boards and commissions, and assisting and coordinating the activities of various existing public and private organizations and advisory groups interested in the continued growth and development of the District, including, but not necessarily limited to, the Corpus Christi Area Economic Development Commission, the Corpus Christi Area Convention and Tourist Bureau, and private organizations such as the Central Business District Association, the Building Owners and Managers Association, the Hotel/Motel Association, the Corpus Christi Arts Council, and various other community organizations and AG02.010.01 6 volunteers interested in the District who will assist the Corporation through the volunteer committees to be organized and established by the Corporation for such purposes. 4. 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 principles, all of which documents and records shall be made available to the City upon request. 5. 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, contracts, and other activities conducted by the Corporation, such report to include such data as may be reasonably 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 contracts, and determine whether such contracts are confidential. 6. Compensation. The City agrees to pay to the Corporation during the term of this Agreement the sum of Seventy-five Thousand Dollars ($75,000.00) each year, which sums shall be paid in annual installments in advance each year; provided, however, the City's obligation to fund the suns agreed upon hereunder during the second, third, and fourth years of the term hereof shall be contingent upon the Corporation's obtaining commitments from private sources for a level of support to the effort and program described herein, equivalent to an average of Seventy-five Thousand Dollars ($75,000.00) per year during the term of this Agreement. AG02.010.01 7 7. Notices. All notices, requests, or 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 States Mail. The notice addresses of the parties hereto shall, until changed, be as follows: CITY: City of Corpus Christi, Texas 302 South Shoreline P.O. Box 9277 Corpus Christi, TX 78469-9277 Attn: City Manager CORPORATION: Heart of Corpus Christi, Inc. P.O. Box 2937 315 N. Chaparral Corpus Christi, TX 78403 Attn: President 8. Equal Opportunity. The Corporation agrees to abide by the equal opportunity requirements of the City and shall (i) treat all applicants and employees without discrimination as to race, color, religion, sex, national origin, or handicap; and (ii) identify itself as an "Equal Opportunity Employer," in all help wanted advertising or requests. 9. 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 this Agreement and the same shall be given full force and effect as if said invalid section, subsection, or paragraph had not been included herein. 10. Amendments and Counterparts. No amendments, modifications, or other changes in this Agreement shall be valid or effective absent the written agreement of the parties hereto. This Agreement may be executed in one AG02.010.01 8 or more counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. 11. Appropriations. This Agreement is subject to appropriations by the City Council. 12. The corporation warrants that it shall aggressively move forward to develop a non -City funded program which will be completed and in operation prior to the termination of this agreement and further that no future administrative funding shall be requested from the City. Any breach of this agreement now or through the term shall render the agreement null and void. EXECUTED this day of , 1989, binding the respective parties, the first day of August, 1987. ATTEST: CITY OF CORPUS CHRISTI By City Secretary Juan Garza, City Manager APPROVED AS TO LEGAL FORM THIS DAY OF , 1989 Hal George, City Attorney HEART OF CORPUS CHRISTI, INC. By , Chairman AG02.010.01 9 Corpus Christi, Texas day of , 198 The above resolution was passed by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Tom Hunt Edward A. Martin Joe McComb Clif Moss Mary Rhodes Frank Schwing, Jr. 99.066.01