HomeMy WebLinkAbout09-3511 ord200
ORDINANCE NO. 09-3511
ORDINANCE AUTHORIZING THE TRANSFER OF LOT 3, BLOCK 1,
COUNTRY CLUB ADDITION, AN ADDITION TO THE CITY OF
PLAINVIEW, HALE COUNTY, TEXAS TO PLAINVIEW HABITAT FOR
HUMANITY, INCORPORATED, IN ACCORDANCE WITH SECTION
253.011 AND SECTION 272.001 OF THE TEXAS LOCAL
GOVERNMENT CODE; AND AUTHORIZING THE MAYOR TO
EXECUTE ALL DOCUMENTS NECESSARY TO TRANSFER
OWNERSHIP; THE TRANSFER OF THIS PROPERTY IS NOT SUBJECT
TO THE NOTICE, BIDDING, AND OBTAINING FAIR MARKET VALUE
REQUIREMENTS OF STATE LAW.
WHEREAS, the City of Plainview is the owner of certain real property located in
the City of Plainview, Hale County, Texas; and
WHEREAS, the City Council finds it to be in the public interest to transfer said
property to Plainview Habitat for Humanity, Inc., which will primarily use the property to
construct single family housing to low income households; and
WHEREAS, the City Council finds that said conveyance is made pursuant to
Texas Local Government Code Section 253.011 and Section 272.001;
NOW, THEREFORE, The City of Plainview hereby ordains that:
~F('.Tlt'~N I
The Mayor is hereby authorized and directed to execute, respectively, on behalf
of the City of Plainview, an agreement between the City and Plainview Habitat for
Humanity, Inc., concerning the transfer of specific lots described in Section Two herein,
from the City of Plainview to Plainview Habitat for Humanity, Inc. Said agreement is to
be in substantially the form as Exhibit "A" attached herein and incorporated by reference
for all legal purposes.
SECTION II.
That the real property to be conveyed by the City of Plainview is as follows:
Being all of Lot 3, Block 1, Country Club Addition,
an addition to the City of Plainview, Hale County, Texas.
SECTION III.
The Mayor is hereby authorized to sign all legal documentation necessary to
bitat Ord. 09-3511
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201
convey the City-owned property described above to Plainview Habitat for Humanity,
Inc., pursuant to Texas Local Government Code Section 253.011 and Section 272.001.
SECTION IV.
The public purpose is the development of single family housing to low income
households for the citizens of Plainview, Texas.
SECTION V.
Provisions of this Ordinance are cumulative and nothing herein shall prevent,
alter or diminish the applicability or enforcement of other ordinances restricting,
regulating or governing the subject matter herein.
SECTION VI.
If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portions hereof.
SECTION VII.
All ordinances or portions of any ordinance of the City of Plainview, Texas, in
conflict herewith, are hereby amended to conform with the provisions hereof.
SECTION VIII.
This Ordinance shall be in full force and effect upon its passage as required by
law.
PASSED AND APPROVED on first reading this 10th day of February, 2009.
PASSED AND APPROVED on second reading t~i~s 24th day of March, 2009.
.,~~ l'
~n C. Anderso ,Mayor
ATTEST:
Belinda Hinojosa, City Secr ary
Habitat Ord. 09-3511 Page 2 of 3
202
APPROVED A~TCNCONT
reg ~i J.iam, Ci~lanager
APPROVED AS TO FORM:
Leslie Spear Pe rce, City Attorney
Habitat Ord. 09-3511
Page 3 of 3
203
EXH161T "A" TO ORDINANCE
AGREEMENT BETWEEN CITY OF PLAINVIEW, TEXAS
AND
PLAINVIEW HABITAT FOR HUMANITY, INCORPORATED
THE STATE OF TEXAS §
COUNTY OF HALE §
This Agreement made by and between the CITY OF PLAINVIEW, TEXAS,
a home rule municipal corporation, herein called "City", and PLAINVIEW
HABITAT FOR HUMANITY, INCORPORATED, hereinafter called "Habitat";
WITNESSTH:
I. PURPOSE
The purpose of this Agreement is to state the terms and conditions by
which the City shall convey real property purchased with Habitat's individual
donations and corporate sponsors in the amount of Four Thousand Five Hundred
and No/100 Dollars ($4500.00) for the purpose of developing single family
housing affordable to low income households.
II. CONVEYANCE OF REAL PROPERTY
The City agrees to convey specific real property within the City of
Plainview, Hale County, Texas, for the purpose of improving the lots conveyed
and increasing the conditions and value of the surrounding subdivision. The
specific property to be conveyed by the City is described in Exhibit "A", attached
hereto and incorporated by reference. This conveyance of real properly was
authorized and all claims of the governmental entities involved relinquished
against the City for the sale of such real property to the Habitat under the
conditions stated in this Agreement. The property is conveyed and executed
under the explicit authorization of the City Council of the City of Plainview, Texas,
and pursuant to authority granted by Texas Local Government Code, Section
253.011 and Section 272.001.
III. TERM OF CONTRACT
The term of this Agreement shall begin March 1, 2009 and end March 1,
2011 unless the housing project is not completed and an extension of time is
granted by the City Council.
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204
IV. INDEMNITY
HABITAT SHALL INDEMNIFY AND HOLD HARMLESS AND DEFEND
THE CITY AND ALL OF THE CITY'S OFFICERS, AGENTS AND EMPLOYEES
FROM ALL SUITS, ACTIONS, CLAIMS, DAMAGES, PERSONAL INJURIES,
LOSSES, PROPERTY DAMAGE AND EXPENSES OF ANY CHARACTER
WHATSOEVER, INCLUDING ATTORNEY'S FEES, BROUGHT FOR, OR ON
ACCOUNT OF, ANY INJURIES OR DAMAGES RECEIVED OR SUSTAINED BY
ANY PERSON OR PERSONS OR PROPERTY, ON ACCOUNT OF ANY
NEGLIGENT ACT OF HABITAT OR ANY OF ITS OFFICERS, EMPLOYEES,
AGENTS, REPRESENTATIVES, OR SUBCONTRACTORS, IN THE
EXECUTION, SUPERVISION AND OPERATIONS GROWING OUT OF OR IN
ANY WAY CONNECTED WITH THE PERFORMANCE OF THIS AGREEMENT.
HABITAT WILL BE REQUIRED TO PAY ANY JUDGMENT WITH COSTS
WHICH MAY BE OBTAINED AGAINST THE CITY OR ANY OF CITY'S
OFFICERS, AGENTS OR EMPLOYEES, INCLUDING ATTORNEY'S FEES.
HABITAT SHALL INDEMNIFY AND HOLD HARMLESS AND DEFEND
THE CITY AND ALL OF THE CITY'S OFFICERS, AGENTS AND EMPLOYEES
FROM ALL SUITS, ACTIONS, CLAIMS, DAMAGES, PERSONAL INJURIES,
LOSSES, PROPERTY DAMAGE AND EXPENSES OF ANY CHARACTER
WHATSOEVER, INCLUDING ATTORNEY'S FEES, BROUGHT FOR, OR ON
ACCOUNT OF, ANY INJURIES OR DAMAGES RECEIVED OR SUSTAINED BY
ANY PERSON OR PERSONS OR PROPERTY, ON ACCOUNT OF ANY
NEGLIGENT ACT OF THE CITY OR ANY OF ITS OFFICERS, AGENTS, OR
EMPLOYEES, WHETHER SUCH ACT OR OMISSION WAS THE SOLE
PROXIMATE CAUSE OF THE INJURY OR DAMAGE OR A PROXIMATE
CAUSE JOINTLY AND CONCURRENTLY WITH THE NEGLIGENCE OF
HABITAT OR ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR
SUBCONTRACTORS, IN THE EXECUTION, SUPERVISION AND
OPERATIONS GROWING OUT OF OR IN ANY WAY CONNECTED WITH THE
PERFORMANCE OF THIS AGREEMENT, AND HABITAT WILL BE REQUIRED
TO PAY ANY JUDGMENT WITH COSTS WHICH MAY BE OBTAINED
AGAINST THE CITY OR ANY OF CITY'S OFFICERS, AGENTS OR
EMPLOYEES, INCLUDING ATTORNEY'S FEES.
Habitat agrees that it will indemnify and save the City harmless from all
claims growing out of any demands of subcontractors, laborers, workmen,
mechanics, materialmen, and suppliers of machinery and parts thereof,
equipment, power tools, all supplies, including commissary incurred in the
furtherance of the performance of this Agreement. When City so desires, Habitat
shall furnish satisfactory evidence that all obligations of the nature hereinabove
designated have been paid, discharged or waived.
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205
V. INDEPENDENT CONTRACTOR
It is expressly understood and agreed that Habitat shall perform all work
and services described herein as an independent contractor and not as an
ofhcer, agent, servant or employee of the City. The Habitat shall have exclusive
control of and the exclusive right to control the details for the services and work
performed hereunder, and all persons performing the same, including being
solely responsible for the acts and omissions of its officers, agents, employees,
contractors, and subcontractors. The doctrine of respondeat superior shall not
apply as between City and Habitat, its officers, agents, employees, contractors,
and subcontractors. Nothing herein shall be construed as creating a partnership
or joint enterprise between City and Habitat. No person performing any work
hereunder shall be considered an officer, agent, servant or employee of the City.
Further, it is specifically understood and agreed that nothing in this Agreement is
intended or shall be construed as creating a "Community of Pecuniary Interest"
or "An Equal Right of Control" which would give rise to vicarious liability. Habitat
shall be an independent contractor under this Agreement and shall assume all of
the rights, obligations, and liabilities applicable to it as such independent
contractor hereunder. City does not have the power to direct the order in which
the work is done. City shall not have the right to control the means, methods or
details of Habitat's work. Habitat shall assume exclusive responsibility for the
work. Habitat is entirely free to do the work in its own way.
VI. APPLICABLE LAWS, ORDINANCES
Habitat shall comply with all applicable laws, ordinances and codes of the
United States, State of Texas and the City. Habitat hereby agrees as follows:
A. Habitat will comply with Title VI of the Civil Rights Act of 1964
(Public Law 88-352), which provides that no person in the United
States shall on the ground of race, color, or national origin, be
excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity for which
the applicant received federal financial assistance.
B. Habitat will comply with Title VIII of the Civil Rights Act of 1968
(Public Law 90-284), which provides that it is the policy of the
United States to provide for fair housing throughout the United
States. It prohibits particular discriminatory acts regarding housing
if the discrimination is based on race, color, religion, sex, national
origin, family status, or mental and physical disability.
C. Habitat shall obtain and maintain documentation evidencing that
program beneficiaries meet Habitat for Humanity International's
("International") program income eligibility criteria. Habitat shall
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206.
further comply with the retention of records as specified by
International.
D. No officer, employee or board member of Habitat shall have a
financial interest, direct or indirect, in this Agreement or the monies
transferred hereunder, or be financially interested, directly or
indirectly, in the sale to Habitat of any land, materials, supplies or
services purchased with any funds transferred hereunder, except
on behalf of Habitat as an officer, employee, member, or program
participant.
E. Habitat will construct housing that is valued at no more than 95% of
Plainview's median purchase price as specified in Section 203(b) of
HUD's FHA single family mortgage insurance program. Housing
must also pass HUD's Housing Quality Standards and the City's
Homebuyer Assistance Program construction requirements.
F. Habitat shall make available to the City, as determined by the City,
information and/or data which document compliance, in all phases
of its work, with the above paragraphs A through F. Habitat shall
fully cooperate with City when City monitors the services and work
performed under this Agreement, which the City may do at any time
during the term of this Agreement. Habitat shall maintain accounts
and records adequate to identify and account for all cost pertaining
to the Agreement. These records will be made available to the City
for audit purposes and will be retained for four (4) years after the
expiration of this Agreement unless permission to destroy them is
granted by the City.
VII, PROGRAM INCOME
It is agreed and understood that there will be no program income
generated as a result of this Agreement.
VIII. PROJECT REPORTS
Yearly status reports are to be prepared by Habitat and submitted in a
timely fashion to the City. A final performance report shall be prepared and
submitted promptly after project completion. An inventory of Habitat for
Humanity acquired assets shall be submitted to the City in regard to 2204
Norma, in a form suitable to the City, on an annual basis and at the end of the
Agreement.
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207
IX. SOVEREIGN IMMUNITY
By executing this contract the City is not waiving its right of sovereign
immunity. The City is retaining its immunity from suit. The City is not granting
consent to be sued by legislative resolution or action.
THERE IS NO WAIVER OF SOVEREIGN IMMUNITY.
X. ATTORNEY FEES
In the event of any conflict between the parties hereto such that either
party brings or commences any legal action or proceeding related to this
Agreement, including but not limited to any action pursuant to the provisions of
the Texas Uniform Declaratory Judgments Act (Tex. Civ. Prac. & Rem. Code
§§37.001, et seq.), the parties hereto agree to waive any and all rights to
recovery of attorney fees to which the prevailing party might otherwise be
entitled.
XI. DEFAULT PROVISION
In the event that either Habitat or the City fails to perform or is unable to
perform substantially its obligations under the terms of this Agreement, the
nondefaulting party shall notify the defaulting party in writing of such default.
Within five (5) days after receipt of such notification, Habitat and City shall meet
to discuss the default, the reasons thereof and the methods to cure default. If the
defaulting party has not substantially cured the default within ten (10) days after
receipt of such notification, or the City and Habitat have not agreed within such
time upon a solution to the default, the nondefaulting party may, at its option,
pursue any remedies at law or in equity.
In any event this Agreement may be terminated by mutual consent of
Habitat and City in writing.
XII. RELEASE
HABITAT HEREBY RELEASES, RELINQUISHES, ACQUITS AND
FOREVER DISCHARGES CITY, CITY'S EMPLOYEES AND OFFICERS, FROM
ANY AND ALL DEMANDS, CLAIMS OR CAUSES OF ACTION OF ANY KIND
WHATSOEVER WHICH HABITAT HAS OR MIGHT HAVE IN THE FUTURE,
INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, QUANTUM
MERUIT, CLAIMS UNDER THE DUE PROCESS AND TAKINGS CLAUSES OF
THE TEXAS AND UNITED STATES CONSTITUTIONS, TORT CLAIMS, OR
CITY'S NEGLIGENCE.
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208
XIII. THIRD-PARTY BENEFICIARY
The City's approval of this Agreement does not create a third party
beneficiary. There is no third party beneficiary to this Agreement. No person or
entity who is not a party to this Agreement shall have any third party beneficiary
or other rights hereunder.
XIV. AUTOMATIC REVERSION
Habitat and City explicitly agree that this conveyance complies with the
conditions of Texas Local Government Code, Section 253.011 and Section
272.001. If, for any reason, Habitat at any time fails to use the property for the
public purpose in the manner for which it was conveyed, the property shall
automatically revert to the City.
IN WITNESS EREOF, the arties hereto have executed this
Agreement this the ~ay of GK , 2009.
CITY OF PLAINVIEW, TEXAS
901adway
Pla vi w. Texas
~ . ~ .~-
C. Ander n, Mayor
ATTEST:
~~~~
Belinda Hinojosa, City Se ry
APPROVED AS TO FORM:
Leslie Spear a rce, Ci A orney
Habitat Agreement 2204 Norma
Page 6 of 7
209
PLAINVIEW HABITAT FOR
HUMANITY, INCORPORATED
P.O. Box 1125
Plainview, TX 79073-1125
By: ~G~ .c ~~~~~
Bill Coleman, President
THE STATE OF TEXAS §
COUNTY OF HALE §
EFO E ME, the undersigned authority, on this day personally appeared
/~~ CO ~ Gh an officer of PLAINVIEW HABITAT FOR HUMANITY,
INCORPORATED, known to me to be the person and official whose name is
subscribed to the foregoing instrument, and acknowledged to me that he
executed the same as the act and deed of said corporation, for the purposes and
consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ~7f~'day of
a G`t , 2009.
~~~
°~y'-~',°d~'`~`~ ~~ Notary Public, State of Te
o~"~Y A~ BELINDA HINOJOSA
* , Notary Public
STATE OF TEXAS
My Comm. Exp. 04/2812009
Habitat Agreement 2204 Norma Page 7 of 7
210.
EXHIBIT "A" TO AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY AND ALL OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
QUITCLAIM DEED
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HALE §
That the undersigned CITY OF PLAINVIEW, TEXAS, a Texas
Home Rule Municipal Corporation, 901 Broadway, Plainview, Texas 79072 of
the County of Hale, Sate of Texas, hereinafter referred to as "Grantor", whether
one or more, for and in consideration of Grantee herein named to use the
property in a manner that primarily promotes a public purpose of the City of
Plainview in accordance with Section 253.011 of the Texas Local Government
Code. The public purpose for the conveyance of such real property is for the
Grantee to develop single family housing to low income households. The
Grantor has QUITCLAIMED, and by these presents does QUITCLAIM unto
PLAINVIEW HABITAT FOR HUMANITY, INC., P.O. Box 1125, Plainview, Texas
79073-1125, herein referred to as "Grantee", whether one or more, the real
property (the "Property") described as follows:
Being all of LOT THREE (3) BLOCK ONE (1), COUNTRY CLUB
ADDITION, an addition to the City of Plainview, Hale County,
Texas, according to the map or plat thereof, recorded in the Deed
Records of Hale County, Texas.
BY EXECUTING THIS QUITCLAIM DEED, THE GRANTOR AND THE
GRANTEE AGREE THAT GRANTEE IS TAKING THE PROPERTY "AS IS"
WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE IS
NO WARRANTY, EXPRESS OR IMPLIED BEING MADE BY THE CITY OF
PLAINVIEW, TEXAS THAT THE PROPERTY IS FIT FOR A PARTICULAR
PURPOSE. THE GRANTEE ACKNOWLEDGES THAT GRANTEE IS NOT
RELYING UPON ANY REPRESENTATION MADE BY THE CITY OF
PLAINVIEW WITH RESPECT TO THE CONDITION OF THE PROPERTY, BUT
IS RELYING UPON GRANTEE'S EXAMINATION OF THE PROPERTY.
GRANTEE ALSO RECOGNIZES BY AGREEING TO PURCHASE THE
PROPERTY "AS IS" THAT GRANTEE AGREES TO MAKE GRANTEE'S OWN
APPRAISAL OF THE PROPERTY AND TO ACCEPT THE RISK THAT
GRANTEE MAY BE WRONG. THE GRANTOR GIVES NO ASSURANCES,
EXPRESS OR IMPLIED, CONCERNING THE VALUE OR CONDITION OF THE
Habitat Quitclaim Deed
Page 1 of 3
211
PROPERTY SOLD. IN NO EVENT SHALL A GRANTEE HAVE A RIGHT TO
RECOVER CONSEQUENTIAL DAMAGES. THEREFORE, THE GRANTEE
WILL TAKE THE PROPERTY UNDER THE EXPRESS UNDERSTANDING THE
PROPERTY IS ACCEPTED "AS IS" AND WITH ALL FAULT, EXCLUDING
EXPRESS OR IMPLIED WARRANTIES. PROVISIONS OF THIS PARAGRAPH
SURVIVE THE CLOSING.
In accordance with Section 253.011 of the Texas Local Government
Code, the ownership of the above-referenced property automatically reverts back
to the Grantor in the event the Grantee at any time fails to use the property to
promote the public purpose of developing affordable housing.
TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to
the above described property and premises unto the Grantee, and Grantee's
heirs, administrators, executors, successors and/or assigns forever; so that
neither Grantor nor Grantor's heirs, administrators, executors, successors and/or
assigns shall have, claim or demand any right or title to the aforesaid property,
premises or appurtenances or any part thereof.
TN
EXECUTED this ~ day of ~"t i~I(.~f~ , 2009.
GRANTOR
CI F PLAINVIEW, TEXAS
By~ ~'
ohn C. An rson, Mayor
THE STATE OF TEXAS §
COUNTY OF HALE §
This instrument was acknowledge before me on the~7~ day of ~r(h
2009, by John C. Anderson, City of Plainview, xas. -
_::.~.. Notary Public, State of Texas
o~P~r pie( 13ELINDA HINOJOSA
* ~ , Notary Public
STATE OF TEXAS
My Comm. Exp. 04/23/2009
J\\
Habitat Quitclaim Deed Page 2 of 3
212,
ACCEPTED BY GRANTEE
PLAINVIEW HABITAT FOR HUMANITY, INC.
Bill A. Coleman, President
THE STATE OF TEXAS §
COUNTY OF HALE §
B FO~tE, ME, he undersigned authority, on this day personally appeared
~~~~ ~ (,O1~C11~/'1 an officer of PLAINVIEW HABITAT FOR
HUMANITY, INC., known to me to be the person and official whose name is
subscribed to the foregoing instrument, and acknowledge to me that he executed
the same as the act and deed of said corporation, for the purposes and
consideration therein expressed, and in the capacity therein stated.
I'G~ , 2009.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ~~ay of
2~~ G°< BI=LINDA HINOJOSA `'
*~f Notary Public
`g` STATE OF TEXAS
9~oF PAy Comm. Exp. Oq/23~2009
JV T'J V'.
Habitat Quitclaim Deed
~~d~ ~
Notary Public, State of T s
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