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HomeMy WebLinkAbout86-80 RESOLUTIONRESOLUTION NO. n („ -- go A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH VICTIMS OF FAMILY VIOLENCE, INC. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute a Lease Agreement with Victims of Family Violence, Inc. A copy of the Lease Agreement authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this /7'f(day of APPROVED: MAYOR MICROFILMED, 1980. CERTIFICATE OF RECORD State of Arkansas ( SS City of Fayetteville I, Bonnie Goering, City Clerk and Ex -Officio recorder for the City of Fayetteville, do here- by certify that the annexed or foregoing is of record in my office and the same ap- pears in Ordinance & Resolution book hand an tit page IS Witness my l fi day of 19 City Clerk and Ex OfE. in TD° LI I; • ,LEASE AGREEMENT • THIS AGREEMENT executed this. S'day of 4112.9.0.5117, 1980, by and between the City of Fayetteville, Arkansas, hereinafter called Lessor, and Project for Victims of Family Violence, llhc. hereinafter called Lessee. In consideration of the mutual covenants contained herein, Lessor and Lessee hereby agree as follows: 1. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the following described real property and all improvements thereon: Part of the South half of the Southwest Quarter of the Southwest Quarter of Section 21, Township 16 North, Range 30 West, and being more particularly described as follows, to -wit: Beginning at a point 235' North of the Southwest corner of said 20 acre tract, and running thence North 90'; thence East 150'; thence North 235'; thence East 150 feet; thence North 100'; thence East 370'; thence South 34 degrees 52 minutes West 402. 2'; thence South 18 degrees 26 minutes East 59. 8', thence South 12 degrees 30 minutes West 30', more or less to the Northeast corner of a tract of land conveyed to Ardean Fallwell, et ux, in Deed Record 887 at page 97 of the records of Washington County, Arkansas, thence West 450 feet, more or less, to the point of beginning; said property being located at 1932 South Garland Avenue. 2. The original term of this Lease shall commence on the 1st day of September 1980, and shall terminate on the 1st day of September, 1982 at 5:00 o'clock pm. This Lease shall be automatically extended for an additional term of two years unless written notice of termination is given by Lessor or Lessee to the other party's last known mailing address at least thirty (30) days prior to expiration of the original term of this Lease. 3. In consideration for the use of the demised premises, Lessee agrees to pay Lessor the sum of $ 1.00 per year payable in advance on or before the 1st day. of each January. 4. Lessee shall be responsible for payment of all utilities, including electrical bills, natural gas bills, water and sewer bills, sanitation service bills, telephone bills, and cable television bills. 11 411 5. Lessee agrees that it will keep and maintain the demised premises and all improvements thereon in good condition and repair at all times. Lessee agrees to be responsible for yard maintenance and for the maintenance of all heating, electrical and air- conditioning equipment and plumbing on the premises. Lessee, at its cost and expense, shall maintain and keep the premises in as good repair as when the premises were received or in their highest state of repair during the lease term, ordinanry wear and tear and casualties beyond Lessee's control alone excepted, and Lessee shall return the leased premises at the expiration or termination of this Lease in good order and condition excepting only ordinary wear and tear and casualties beyond lessee's control. 6. Lessee agrees to carry fire and extended. coverage insurance on the improvements on the demised premises, which policy shall name Lessor as an insured and Lessee agrees to maintain said policy in force throughout the term of this Lease or any extension thereof. Said policy shall be in an amount specified by Lessor. Lessee shall file a copy of said policy with the City Clerk of Lessor. Lessee agrees to notify Lessor in writing of any amendments to or cancellations of said policy. Lessor shall specify the amount of said insurance. 7. Lessee shall maintain at all times a current and complete record of all activities conducted on the leased premises in a form requested by Lessor, and - 3 and Lessee shall submit a monthly activity report to Lessor's Department of Community Development on or before the 15th day of each month. Lessor and the United States Department of Housing and Urban Development shall have complete access to all of Lessee's records during all reasonable hours and shall have the right to inspect and copy said records. 8. Lessee shall maintain complete and accurate monthly financial statements for all activities conducted on the leased premises. Lessee shall file a copy of each month's financial statement with Lessor's Department of Community Development on or before the 15th day of the following month. 9. Lessee agrees to hold Lessor harmless for any claim, expense, loss or liability sufferedor occasioned as a result -of Lessee's use or occupancy of the demised premises. 10. The Lessee agrees to comply with all rules and regulations as established by the Department of Housing and Urban Development for programs financed by the Housing and Community Development Act of 1974. 11. The .Community Development Program has been developed so as to give maximum feasible priority to activities which will benefit low and moderate income failities or aid in the prevention or elimination of slums or blight. The Lessee assures that the funds will be used for these purposes. i - 4 - 12. Lessee will comply with the regulations, policies, guidelines and requirements of OMB Circular'No. A-102, Revised, and Federal Management Circular 74-4 as they relate to the application, acceptance, and use of Federal funds under 24 CFR 570. 13. Lessee will comply with all requirements imposed by HUD concerning special requirements of law, program requirements, and other administrative requirements, approved in accordance with OMB Circular No. A-102, Revised. 14. Lessee will comply with Title VI of the Civil Rights act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto (24 CFR Part 1), which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied and benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant received Federal financial assistance and will immediately take any measures necessary to effectuate this assurance.. If any real property or structure thereon is provided or imporved with the aid of Federal financial assistance extended to the applicant, this assurance shall obligate the applicant, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits. 15. Lessee will comply with Section 109 of the Housing and Community Development Act of 1974, and the regulations issued pursuant thereto (24 CFR Part 570.601), which provides that no person in the United States shall, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with funds provided under 24 CFR 570. 5 16. Lessee will comply with Section 3 of the Housing and Urban Development Act of 1968, as amended, requiring that to the greatest extent feasible opportunities for training and employment be given to lower-income residents of the project area and contracts for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part by, persons residing in the area of the project. 17. Lessee will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of beingmotivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 18. Lessee will comply with the provisions of the Hatch Act which limits the political activity of employees. 19. Lessee will give HUD and the Comptroller General through any authorized representatives access to and the right to examine all records, books, papers, or documents related to the program. 20. Lessee will insure that the facilities under its lease or supervision which sall be utilized in the accomplishment of the program are not listed on the Environmental Protection Agency'.s (EPA) list of Violating Facilities and that it will notify HUD of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 21. Lessee will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973,.P.L. 93-234, 87 Stat. 975, approved December 31, 1973. Section 103(a) required, on and after March 2, 1974, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or • • - 6 acquisition purposes for use in any area, that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" included any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. IN WITNESS WHEREOF, the parties have executed this Lease Agreement on the date first above written. ATTEST: CITY OF FAYETTEVILLE, ARKANSAS, LESSOR By: tvt MAY LESSEE By: • • s SWAT' PAUL RIVIERE SECIE'IA111 01 STA'TE LITTLE n.�..eL.RH. • SAS PAUL RIVIERE SECRETARY OF STATE i? creaa /7;/in :7410 glebe AO, Calk/ J` :-(4lfe%T /iatc; %tficu�t o/je2 % e)//44 ,a/ .1u (.) t41ii.2ud; 4 a. * /. /4 afibit WWI/ ifel,e/o ,ez4 jc ea/ amltrannen ,o/ _al We; iD ,a .4ao ,crud fieyecl co4f o/ CERTIFICATE OF AMENDMENT OF FAMILY VIOLENCE PREVENTION, INC. CHANGING NAME TO PROJECT FOR VICTIMS OF VIOLENCE, INC. is v -r--• \- L .] = L�- .__If - r r» f �y� • Original Articles filed: Novembrr 16, 1979 .od Xegzei .amd #wfmay One .ar ce . jird.4‘ii ,o,Sa/,de �pp</ZGY.IfG Cold Gbh �� g November I9 79 1 - PAUL\RIVIRE � aAia ie t L.s-a— 041,4 it Iss a1 t dL a} d�. J b E� 3 A d�. A •�� 4i J�-.aS E . �i , = A I! .,�- ! I dl .1� 4�-t� iIl:.d� ii �l ° tbrdlP�l i� C�$el..e. a A.�e. e..e. e. e. e e .e..e. A..e..e 6..e.s6_ 6..e, r., 6..e..:..�n. A..A.. A..e..A .n..r. w w • ARTICLES OF AMENDMENT TO ARTICLES OF INCORPORATION OF FAMILY VIOLENCE PREVENTION, INC., A NON-PROFIT CORPORATION Original Articles of Incorporation filed with the Circuit Clerk of Washington County, Arkansas, on March 12, 1979, and approved by said court on March 12, 1979, and filed with the office of the Secretary of the State of Arkansas on March 22, 1979, are hereby amended, changing ARTICLE FIRST to read as follows: "FIRST: The name of the corporation shall be Project for Victims of Family Violence, Inc." In witness whereof, the undersigned requests that the foregoing amend- ment to Articles of Incorporation be recognized and duly recorded. • Chair STATE OF ARKANSAS ) COUNTY OF WASHINGTON) ss. / JOE $ REED, Secretary. VERIFICATION • m • The undersigned Chair and Secretary of Family Violence Prevention, Inc., now Project for Victims of Family Violence, Inc., a non-profit corporation, hereby certify that the above and foregoing Articles of Amendment reflect action of the corporation properly taken by said organization in its behalf, and duly recorded in the corporate records. SUZAN 1[ A.,' iI 4./ RR. Cha r JOE B: REED, Secretary me this /S day of November, 1979. SWORN TO AND SUBSCRIBED before My Commission Expires: C'c(- 4el /9S7/ NOTARY PUBLIC • CERTIFICATE OF RESOLUTION I, Joe B. Reed, the duly elected and acting secretary of Family Violence Prevention, Inc., a non-profit corporation, do hereby certify as follows: That, as secretary of Family Violence Prevention, Inc., now Project for Victims of Family Violence, Inc., a non-profit corporation, I am the custodian of its records, including specifically minutes of meetings; That, at a meeting of the membership (presently designated task force) on April 24, 1979, notice thereof including actions to be taken having been given as required by law and the by-laws of the corporation, the following resolution was adopted: RESOLVED: That the name of the corporation be changed from Family Violence Prevention, Inc_. to Project for Victims of Family Violence, Inc., and the form of Articles of Amendment attached hereto be adopted for such purpose; further, the Chair and Secretary of this organization are directed to execute documents, file documents with the Arkansas Secretary of State and to take all other actions useful or necessary for the lawful adoption of the new corporate name. That, the foregoing resolution was unanimously adopted by the membership, a quotum of which was duly constituted, after motion and second, in accordance with organizational rules and procedures. Witness my hand and seal this /C- day of November, 1979. C 2 /. fi / JOE B. REED, Secretary SWORN TO AND SUBSCRIBED before me this /S 14day of November, 1979. /1-. / y0 NOTARY PUBLIC My Commission Expires: G c -t _ ti -/ JVfi suznc+tt Yi t una,r SWORN TO AND SUBSCRIBED before me this My Commission Expires: 0 c"-- 4 1/ /c/?/ . ,.,.car, ac...... •, S t/day of November, 1979. NOTARY PUBLIC r • { ay;. „J. 160?.. t `.. tic .v. a 1,.• %49;to; • • } CERTIFICATE OF RESOLUTION I, Joe B. Reed, the duly elected and acting secretary of Family Violence Prevention, Inc., a non-profit corporation, do hereby certify as follows: That, as secretary of Family Violence Prevention, Inc., now Project for Victims of Family Violence, Inc., a non-profit corporation, I am the custodian of its records, including specifically minutes of meetings; That, at a meeting of the membership (presently designated task force) on April 24, 1979, notice thereof including actions to be taken having been given as required by law and the by-laws of the corporation, the following resolution was adopted: RESOLVED: That the name of the corporation be changed from Family Violence Prevention, Inc. to Project for Victims of Family Violence, Inc., and the form of Articles of Amendment attached hereto be adopted for such purpose; further, the Chair and Secretary of this organization are directed to execute documents, file documents with the Arkansas Secretary of State and to take all other actions useful or necessary for the lawful adoption of the new corporate name. That, the foregoing resolution was unanimously adopted by the membership, a quotum of which was duly constituted, after motion and second, in accordance with organizational rules and procedures. Witness my hand and seal this IS Nday of November, 1979. JOE B. REED, Secretary SWORN TO AND SUBSCRIBED before me this J day of November, 1979. NOTARY PUBLIC - My Commission Expires: C=' c-cL 4 Lt' /9 V/day of November, 1979. SWORN TO AND SUBSCRIBED before me this /4> My Commission Expires: Oc-4 Si4f7g/ NOTARY PUBLIC di'ii a}'sl`ii":ii 1111i0;19.;:p2 14iLp6t hi Op.s.•toi CERTIFICATE OF RESOLUTION I, Joe B. Reed, the duly elected and acting secretary of Family Violence Prevention, Inc., a non-profit corporation, do hereby certify as follows: That, as ..secretary of Family Violence Prevention, Inc., now Project for Victims of Family Violence, Inc., a non-profit corporation, I am the custodian of its records, including specifically minutes of meetings; That, at a meeting of the membership (presently designated task forca) on April 24, 1979, notice thereof including actions to be taken having been given as required by law and the by-laws of the corporation, the following resolution was adopted: RESOLVED: That the name of the corporation be changed from Family Violence Prevention, Inc. to Project for Victims of Family Violence, Inc., and the form of Articles of Amendment attached hereto be adopted for such purpose; further, the Chair and Secretary of this organization are directed to execute documents, file documents with the Arkansas Secretary of State and'to take all other 'actions useful or necessary for the lawful adoption of the new corporate name. That, the foregoing resolution was 9nanimously adopted by the membership, a quotum of which was duly constituted, after motion and second, in accordance with organizational rules and procedures. Witness my hand and seal this /6 11 day of November, 1979. / • • JOF: B. REED, Secretary SWORN TO AND SUBSCRIBED before me this /.S dday of November, 1979. /L, /J c " ✓ e NOTARY PUBLIC My Commission Expires: CL Lac L1 / 0 S'7 �y) �gI' A{� �,j}� E ( � r � f �`i $�1y j'11y iI`F $4 }n: ,((jW ii4 ,ui .t.k t6i ,14 1. Vjly�. j ? 4tty�pW�/. ,. �jV 'f F'.0. � Rv�e�i-e��li N��e�N3�l��� , �����1��6i.e e..e..e.G6.iG 6.GS:G�.GA:s�e.�'ei�.�E�Ge.Lv1.L 6��e..e.�D.�.G'e:i�e.�'e �l.G e:Le.�'e:2���liV ire: ran 4 Nero a4 tr ';'LITTLE ROCK. ARS. ••••••••••••...."Csaataitaanoiwesmoww:.wwwwa.won.o...aw+n-.oi..a..n auita-ten.iaswou+ac .40165“401 • • vto- STAT F AIIILANSAS CERTIFICATE OF INCORPORATION O1'' DOMESTIC NON-PItO1'117 CORPORATION Q gie;edggeleee , Chefienif al/ gide et af�7s�anJai, �L �i'ery FAMILY VIOLENCE PREVENTION, INC gkie (tae • hai i tetiaz. L//.e 011e Ott he elefsdeny a�ttale, a ekely ceddOe/% as tiS title/lothi G--- S/erfa,ecil iJ ca»l-.dace iota 'd//,e j17ane;fano a /fie 4fa, aye /l. th `iex4en e e e000,eal an an//cam ae #iawie ay o 44 FAMILY VIOLENCE PREVENTION, INC. Iley aye G/le'eye >!.eye//L el'eakt ittel a hafrA aha and co0eiea4, 4e ewe name andd.4 ? /V J78Jae fa/Y a/l a c /newew7J,.zne/c /dei and f;nmanf4ei4 ran eItiez .lie hat G/le;eeanh / katL/f•G7L//iz%. it 9S207 9a. jet e/ kart ,eueffn%% Je/iwy fan//anf/ tog/. / A/lea: 12/141. ere 1gj22nd _//a// /._March • //8 79 PAUL RIVIERE. �i a„y Wil: 4 -t x1 . •th �i: -�.IM� f trS tit Pet8 MIME 2A1/x11- (77-3234/1078/Haaage 50374 • FILED 79 PPR 12 PI..� II IN THE CIRCUIT COURT OF WASHINGTON COUNTY ARRANSA 2 IN THE MATTER OF THE INCORPORATION OF FAMILY VIOLENCE PREVENTION, INC., a Non -Profit Corporation VASIWNW,::A'ir. ARK. AL)44 I3LLMErEa Only 115 NO. CIV -79 • ORDER O On,this J ' day of March, 1979, comes on before the Court for hearing the petition for incorporation of Family Violence Prevention, Inc. and, from said petition setting forth the Articles of Incorporation, duly verified as required by law, and other matters, things and proof, the Court finds: 1. That the Articles of Incorporation for Family Violence Prevention, Inc., filed herein, appear in all respects to conform with the laws of the State of Arkansas respecting the form of incorporation and purposes of a non-profit corporation and same should be approved. IT IS, THEREFORE, BY THE COURT CONSIDERED, ORDERED, AND ADJUDGED that Family Violence Prevention, Inc. be, and the same is hereby approved for incorporation.as a non-profit corporation pursuant to the laws of the State of Arkansas; that the incorporator hereof shall cause the Articles of Incorporation and a certified copy of this Order, in duplicate, to be transmitted to the Secretary of State for the State of Arkansas together with the required fee as established by law. IT IS SO ORDERED. PAUL JAMESON, Circu"W" dge • '79 rinR 12 M I : 26 IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS 'ASHINClull COUNTY, ARKQ. AD;A KOLLWETER ;'CUf �p IN RE: FAMILY VIOLENCE PREVENTION, INC., aCNon- roT'iK Corporation NO. CIV 79- 05 3 ARTICLES OF 'INCORPORATION OF FAMILY VIOLENCE PREVENTION, INC., A Non -Profit Corporation The undersigned, in order to form a corporation for the purposes hereinafter stated, pursuant to the provisions of the Arkansas Non-profit Corporation Act, Acts of Arkansas 1963, No. 176, as amended, does hereby certify as follows: FIRST: The name of the corporation shall be Family Violence Prevention, Inc., a Non -Profit Corporation: SECOND: The period of duration of the corporation shall be perpetual. THIRD: The corporation is organized solely for charitable purposes having, as their specific objective the alleviating of problems of family violence, and includes, but is not limited to the following specific purposes: a. Moral support, and physical and financial aid to victims of family violence and their families; b. Operating a shelter for women and their children who are victims of family abuse; c. Creating effective response systems to family violence in the community, its public policies, its institutions, and its law enforcement by educating the community about family violence, its causes and solutions; d. Training lay and professional persons who are interested in. working in the area of preventing family violence; e. Gathering statistical and other information, and sponsoring research activities, to increase knowledge about family violence; and f. Engaging in activities designed to prevent, with the goal of eliminating, family violence. • EME • • Q FOURTH: The business and affairs of the corporation shall be managed and conducted according to by—laws, rules and regulations established by its membership. No part of the net earnings of the corporations shall inure to the benefit of, or be distributable to, its members, directors, officers, or other private persons, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Article Third hereof. No substantial part of the activities of the corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office. Notwithstanding any other provision of these Articles, the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from federal income tax under 4501(c)(3) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law) or (b) by a corporation, contributions to which are deductible under - 4170(c)(2) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law). • FIFTH: Upon the dissolution of the corporation, the Board of Directors shall, after paying or making provision for the payment for all of the liabilities of the corporation, dispose of all of the assets of the corporation exclusively for the purposes of the corporation in such manner or to such organization or organizations organized and operated exclusively for charitable, educational, religious, or scientific purposes as shall at that time qualify as an exempt organization or organizations under 4501(c)(3) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law), as the Board of Directors shall determine. Any such assets not so disposed of shall be disposed by the Chancery Court of the county in which • the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, as said court shall determine, which organized and operated exclusively for such purposes. SIXTH: The address of the main office and principal place of business of 4 the corporation is 320 West Mountain Street, Fayetteville, Arkansas, 72701 and the name of its registered agent at such addresss is Northwest Arkansas Legal Services, Inc. SEVENTH: The number of directors constituting the initial Board of the corporation is eleven (11), and the names and addresses and terms of office,. are as follows: NAME ADDRESS TERM OF OFFICE p Suzanne Pharr 14 Nut St,Eureka Spgs, Ark., 72632 3 years Carolyn Layman 15 West Prospect, Apt. A-4 Fayetteville, Ark. 72701 3 years Bob Brandon 3000 Wedington, Drive Fayetteville, Ark. 72701 3 years Tommy Goodwin City Administration Bldg. Springdale, Ark. 72764 1 year Peggy Hoffman 409 North Washington Fayetteville, Arkansas 72701 3 years Shirley Karnes Rt. 2 Box 60 Westfork, Ark. 72774 1 year Robbie Thomas -Knight Ozark Guidance Center Box 728, 219 South Thompson Springdale, Ark 72764 1 year 800 West llth Street Fayetteville, Ark. 72701 2 years P.O. Box 507 Springdale, Ark. 72764 2 years 642 1/2 West 6th Street Fayetteville, Ark. 72701 2 years 2 years Leta Caudle Joe B. Reed Kay Lynn Vaughn Open Position • • • • • EIGHTH: The name and address of the incorporator of this corporation is Suzanne Pharr, 14 Nut Street, Eureka Springs, Arkansas 72632 IN WITNESS WHEREOF, the hereinafter named incorporator respectfully requests the Court to approved this incorporation. • FAMILY VIOLENCE PREVENTION, Inc. A Non -Profit Corporation • SSZANNE PRR 1 . VERIFICATION 141 STATE OF ARKANSAS ) )ss COUNTY OF WASHINGTON) The undersigned incorporator of Family Violence Prevention, Inc., a Non -Profit Corporation, hereby certifies that she has read the above and foregoing Articles of Incorporation, and that the statements and provisions are true and correct as applied to a request for incorporation thereof. SUZ Sworn to and subscribed before me this / day of March -1 79 'My Commjssion Expires: jet s '/%P�{ Y PUBLIC