HomeMy WebLinkAboutC2009-480 - 10/27/2009 - ApprovedAFFORDABLE HOUSING PROJECT ADMINISTRATION AGREEMENT
This Affordable Housing Project Administration Agreement ("Project Administration
Agreement") is entered into between the Corpus Christi Business and Job Development
Corporation ("Corporation") and the City of Corpus Christi, Texas ("City") for the
administration of the Affordable Housing Project Agreement between the Corporation
and Nueces County Community Action Agency for the acquisition, rehabilitation, and
resale of existing affordable homes.
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 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 Corporation of Directors
("Corporation");
WHEREAS, the Corporation issued a request for proposals for affordable housing
projects;
WHEREAS, Nueces County Community Action Agency has submitted a proposal to the
Corporation for $100,000 for the acquisition, rehabilitation, and resale of existing
affordable homes;
WHEREAS, the Corporation has determined that it is in the best interests of the citizens
of Corpus Christi, Texas, to fund the Nueces County Community Action Agency's the
acquisition, rehabilitation, and resale of existing affordable homes; and
WHEREAS, Section 501.073(a), Texas Local Government Code (formerly 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;
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CCBJDC(Type A Board)
WHEREAS, the Corporation and Nueces County Community Action Agency have
executed a affordable housing project agreement for the acquisition, rehabilitation, and
resale of existing affordable homes, as authorized by the City Council.
In consideration of the covenants, promises, and conditions stated in this Project
Administration Agreement, the Corporation and the City agree as follows:
1. Project Administration Agreement to Implement Affordable Housing Project
Agreement. This Project Administration Agreement between the City and the
Corporation is executed to implement the Affordable Housing Project Agreement
between the Corporation and Nueces County Community Action Agency ("Affordable
Housing Agreement") for the acquisition, rehabilitation, and resale of existing affordable
homes.
2. Term. The term of this Project Administration Agreement runs concurrently with the
term of the Affordable Housing 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 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 Project Administration Agreement is the
latest date that either party executes this Agreement.
6. Amendments or Modifications. No amendments or modifications to this Project
Administration 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 Project Administration Agreement or the application of this
Project Administration 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
Project Administration 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 Project Administration Agreement that every section,
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Affordable Housing Project Administration Agreement -- NCCAA Rehab -- 10132009.doc
paragraph, subdivision, clause, provision, phrase, or word of this Project
Administration Agreement be given full force and effect for its purpose.
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 Project
Administration Agreement, then the remainder of this Project Administration
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 Project Administration
Agreement automatically.
8. Captions. The captions in this Project Administration Agreement are for
convenience only and are not a part of this Project Administration Agreement. The
captions do not in any way limit or amplify the terms and provisions of this Project
Administration Agreement.
The City of Corpus Christi
' g I R. Escobar
ity Manager
Date: 1~..-~~~
Attest
Armando Chapa
City Secretary
Corpus Christi Business &
Job Development Corporation
Eo S az r
P sident
Date: ~ ~--/ ~O ~~
Approved as to L/egal Form: / ~ Z , 2009
f_
R. Ja Ining
First Assistant City- ttorney
for City Attorney
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Affordable Housing Project Administration Agreement -- NCCAA Rehab -- 10132009.doc