HomeMy WebLinkAboutC2008-298 - 8/12/2008 - ApprovedAFFORDABLE HOUSING PROJECT SERVICE AGREEMENT
This Affordable Housing Project Service Agreement (" Service Agreement") is entered
into between the Corpus Christi Business and Job Development Corporation
("Corporation") and the City of Corpus Christi, Texas ("City").
WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas
Revised Civil Statutes (Development Corporation Act of 1979) empowered local
communities with the ability to adopt an optional local sales and use tax as a means of
improving the economic health and prosperity of their citizens;
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City")
passed Proposition 2, New and Expanded Business Enterprises, which authorized the
adoption of a sales and use tax for the promotion and development of new and
expanded business enterprises at the rate of one-eighth of one percent to be imposed
for 15 years;
WHEREAS, in the same election, the residents of the City passed Proposition 2B,
Affordable Housing, which authorized the use of a portion of the sales and use tax
approved under Proposition 2 for affordable housing, up to $500,000 annually, so long
as there are projects for which the amount can reasonably be used;
WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated
under Proposition 2B for affordable housing was subsequently enacted by the City's
City Council ("City Council"), and filed with the State Comptroller of Texas, effective
April 1, 2003, to be administered by the Corporation's Board of Directors ("Board");
WHEREAS, the Corporation is authorized to promote the development and expansion
of affordable housing, as defined by 42 U.S.C. Section12745, for the citizens of Corpus
Christi, Texas;
WHEREAS, on April 7, 2008, the Board issued a request for proposals for affordable
housing projects;
WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6,
Vernon's Texas Revised Civil Statutes, requires the City Council to approve all
programs and expenditures of the Corporation;
WHEREAS, Corpus Christi Community Development Corporation ("Grantee") submitted
a proposal to the Board to request funds fora "New Home Construction Project";
WHEREAS, the Board has determined that it is in the best interests of the residents of
the City of Corpus Christi that affordable housing funds be awarded, and by execution
of the Affordable Housing Project Agreement between the Board and Grantee, to
accomplish the affordable housing project described in that agreement and the
Grantee's proposal;
2008-298
08/12/08 Page 1 of 3
Res. 027807 JOB\8-12WHordableHOUSingProject Service Agreement 4A-City-CCCDC-NewHomeCon~hW~C
CCCDC - 4A Board ~ ~RJLX~[~
WHEREAS, the City Council concurs with the Board's determination that it is in the best
interests of the residents of the City of Corpus Christi that affordable housing funds be
awarded. The City Council authorizes the Affordable Housing Project Agreement
between the Board and Grantee;
In consideration of the covenants, promises, and conditions stated in this Service
Agreement, the Corporation and the City agree as follows:
1. Service Agreement to Implement Affordable Housing Project Agreement. This
Service Agreement between the City and the Corporation is executed to implement the
Affordable Housing Project Agreement between the Corporation and Grantee.
2. Term. The term of this Service Agreement runs concurrently with the term of the
Affordable Housing Project Agreement.
3. Services to be Provided by City.
a. The City Manager, or the City Manager's designee, shall administer funding
on behalf of the Corporation.
b. The City Manager, or the City Manager's designee, shall perform contract
administration responsibilities outlined in the Affordable Housing Project
Agreement for the Corporation.
4. Appropriation of Funds. Any future payments by the City are subject to
appropriation of funds by City's Council.
5. Effective Date. The effective date of this Service Agreement is the latest date that
either party executes this Service Agreement.
6. Amendments or Modifications. No amendments or modifications to this Service
Agreement may be made, nor any provision waived, unless in writing signed by a
person duly authorized to sign agreements on behalf of each party.
7. Severability.
a. If for any reason, any section, paragraph, subdivision, clause, provision,
phrase or word of this Service Agreement or the application of this Service
Agreement to any person or circumstance is, to any extent, held illegal, invalid, or
unenforceable under present or future law or by a final judgment of a court of
competent jurisdiction, then the remainder of this Service Agreement, or the
application of the term or provision to persons or circumstances other than those
as to which it is held illegal, invalid, or unenforceable, will not be affected by the
law or judgment, for it is the definite intent of the parties to this Service
Agreement that every section, paragraph, subdivision, clause, provision, phrase,
or word of this Service Agreement be given full force and effect for its purpose.
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b. To the extent that any clause or provision is held illegal, invalid, or
unenforceable under present or future law effective during the term of this
Service Agreement, then the remainder of this Service Agreement is not affected
by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision,
a clause or provision, as similar in terms to the illegal, invalid, or unenforceable
clause or provision as may be possible and be legal, valid, and enforceable, will
be added to this Service Agreement automatically.
8. Captions. The captions in this Service Agreement are for convenience only and are
not a part of this Service Agreement. The captions do not in any way limit or amplify the
terms and provisions of this Service Agreement.
The City of Corpus Christi
Ge rge K. Noe
City Managg r
Date: 8 ~i 0 ~
Attest
` 0O~" `oo~ AUTHORI[t
Armando Chapa AC COUNQII..., bg 1 ~ ~`
City Secretary ••••~•~..
,(_..._.
Approved as to Legal Form this ~~ day of July, 2008. SECREiARV~J•
R. ~ Rej ing
First Assistant~ity Attorney
for Ciry Attorney
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Corpus Christi Business &
Job Development Corporation