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HomeMy WebLinkAbout1973-667-R � G47 R E S O L U T I O N OF THE CITY OF BATESVILLE, ARKANSAS WHEREAS, there are available funds from the agencies of the United States Government for the construction and furnishing of a community building within the City of Batesville, Arkansas , provided the City of Batesville , Arkansas agrees to operate a community services center in such building; and, WHEREAS, it would be beneficial to the residents of the City of Batesville, Arkansas to have such a facility and to have a community services program operated in such facility; NOW, THEREFORE, BE IT RESOLVED, by the City of Batesville, Arkansas , acting through the City Council thereof: 1. That the City of Batesville does hereby contract with the Housing Authority of the City of Batesville, Arkansas , to operate the community center to be constructed by the Housing Authority in connection with Project ARK-71-2. 2. That the Mayor of the City of Batesville, Arkansas, be and hereby is directed to execute, on behalf of the City of Batesville, Arkansas , the community services agreement with the Housing Authority of the City of Batesville, Arkansas, a copy of which is attached to this resolution, marked Exhibit "A" and made a part hereof by reference thereto . RESOLVED, this 23rd day of October, 1973. CITY OF BATESVILLE, ARKANSAS By: M A Y O R ATTEST: City Clerk i 1 a COMMUNITY SERVICES AGREEMENT B E T L)E EN THE CITY OF BATESVILLE , ARKANSAS AND HOUSING MTHORITY' OF,THE CITY OF . BATESVILLE, ARKANSAS TAMEREAS, The City of BATESVILLE, ARKANSAS -(herinafter called the "City") and the Housing Authority of the City of BATESVILLE, ARKANSAS (hereinafter called the "Local Authority") recognize a responsibility to provide for the welfare of the community, an agreement is hereby made to benefit the community through the operation of a Community Center. THEREFORE, in consideration of the mutual covenants contained herein between the parties: 1. The City does hereby agree to assume the financial responsibility of (W operation of the Community Center and further agrees to provide (a) competent staff and supervision to carry out a program of recreational and social activities neces- sary to serve the Community Center; (b) to furnish sufficient materials and supplies as may be necessary to carry out the program and to be solely responsible for the care and maintenance of all equipment and furnishings of the Community Center; (c) utility expenses of community space unless otherwise provided for; (d) a minimum of One Hundred Thousand and Three Hundred Thousand Dollars ($100/300,000) Owner-Landlord and Tenant Public Liability Insurance to protect the City and Local Authority against claims for bodily injury or death; (e) janitor service and any other service necessary to the operation of the Community Center. In the event the City shall fail, neglect or refuse to perform its. obligation and breach the conditions herein provided to the extent that the tenants of the Project shall be deprived of the use, benefit and enjoyment of the services and facilities which they have agreed to furnish and operate, the City agrees that the Local Authority may operate the facility. If the Local Authority under circumstances stated above, does incur expenses in operating the facility; and maintaining such services, it may deduct the amount of such expenses from payments In lieu of taxes due, or to become due to the City under the Cooperation Agreement between the City and the Local Authority. 2. The Local Authority hereby agrees to provide (a) adequate physical facili- ties within its prescribed limitations to carry out all programs and projects to be planned and arranged for by the City as the sponsoring agency; (b) provide repair and maintenance of such facility not to exceed normal wear and tear; (c) to provide basic furniture and equipment as may be necessary for carrying out an effective program beneficial to the Local Authority and to the Community within prescribed limitations. 3. The City hereby agrees not to discriminate because of race, color, creed, or national origin in the operation of the Community Center and in the sponsorship and programming of activities and services to be offered therein. This provision is included pursuant to the regulations of the Department of Housing and Urban Development, 24 CFR, Subtitle A, Part 1, section 1.1 et seg. (see also Department Interim Order II, 31 F.R. 815) issued under title VI of the said Civil Rights Act of 1964, and the requirements of the said Department pursuant to said regulations; and the obligation of the City to comply therewith inures to the benefit of the United States, the said Department, and the Local Authority, any of which shall be entitled to invoke any remedies available by law to redress any breach thereof or to compel compliance therewith by the City. 4. This Agreement shall remain in full force and effect for the duration of the Cooperation Agreement between the City and the Local Authority. IN WITNESS WHEREOF, the City of Batesville, Arkansas and the Housing Authority of the City of Batesville, Arkansas do hereby respectively sign this contract and cause their seals to be affixed and attested this day of October -, 19 THE CITY OF BATESVILLE, ARKANSAS (SEAL) Attest: By Mayor City Clerk HOUSING AUTHORITY OF THE CITY OF BATESVILLE, ARKANSAS (SEAL) Attest: B Chairmati 0 Q '1 Secretary i