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THE WHITE HOUSE WASHINGTON Negember 3 LG: Info report on SOUL CITY I have been pressing HUD for months to eupply Floyd with a specific letter, telling him precisely and with no midunder- standings just what he has to do to go to closing on the Guarantees. Finally, this is the letter. As you will note, Floyd has a ways to go, but also HUD is waiving some of thèir usual vondition as a mark of confidence in Floyd. I think this is a fair letter and well within HUD's responsibilities under the law. Floyd's initial set of financing arrangements has fallen through, and he is going to have to go out now and get new ones. Also note his note tome with the Wilkins' endorsement. 86 return Boad Reproduced at the Richard Nixon Presidential Library and Museum Soul City Company NOV 30 1973 Attention: Floyd B. McKissick P. O. Box 188 Soul City, North Carolina 27553 Gentlemen: As you know, on June 28, 1972, the Soul City Development Company on behalf of the Soul City Company (Developer) was issued an offer of commitment (Offer) to guarantee an amount not to exceed $14 million in principal amount of obligations of the Developer, subject to certain terms and conditions of the Offer. After due consideration of the materials submitted by you in satisfaction of the Offer, we have determined that certain conditions precedent to acceptance of the Offer have not been satisfied. In order for you to accept the Offer and proceed with the issuance of Debenture you must execute and return to us a copy of this letter and provide such additional information and submit such additional documents as set forth below. 1. Debt Restructure With respect to the condition precedent to acceptance dealing with debt restructure, condition (1), page 2, of the Offer, the Board of Directors of the Community Development Corporation (Board) found the condition was not satisfied. Therefore, the Developer shall, before the Offer may be accepted, submit evidence, satisfactory to us, which demonstrates: a. That capital in an amount of at least $1,500,000 will be available before execution of the Project Agreement (Execution) which shall be at least three days before the First Closing Date, as defined in the Project Agreement; b. The identity of all persons who will directly or indirect contribute capital to the Developer and who shall be approved by us; Reproduced at the Richard Nixon Presidential Library and Museum 2 C. The creditors of Floyd B. McKissick Enterprises, Inc. will be paid or otherwise satisfied at such time and in such manner as will be acceptable to the creditors and to us; d. To the extent debt/restructure involves a sale or transfer of any direct or indirect interest in the Developer or in any person owning or controlling an interest in the Developer: (1) That equity contributions to the Developer cannot be withdrawn; (2) That the terms and conditions of any loan agreement letter of intent, guarantee, promissory note, or security agreement are not adverse to the interests of the Secretary; and (3) That the identity of any person owning or controlli such an interest in the Developer shall be approved by us. 2. Development and Marketing Strategy With respect to the condition precedent to acceptance dealir with development and marketing strategy, condition (2), page 2, of the Offer, the Board agrees the condition is partially satisfied and waives further satisfaction before acceptance of the Offer if the Developer agrees that as a condition precedent to Execution: a. The Developer shall enter into a contract with a major industrial marketing firm approved by the New Communitie Administration (NCA) which shall agree to advise the Developer on specific industrial advertising and promotion tactics and techniques; and b. The Project Agreement and other project documents shall contain a provision stating that the Developer shall enter into a contract within the first year with a major industrial real estate brokerage firm approved by NCA which shall agree to assist the Developer in negotiations with industrial companies after initial contact has been made. Reproduced at the Richard Nixon Presidential Library and Museum 3 3. Revised Cash Flow With respect to the condition precedent to acceptance dealin with cash flow, condition (3), page 2, of the Offer, the Board finds the condition has not been met. The Developer agrees that as a condition precedent to acceptance of the Offer: a. The Developer shall submit a Cash Flow Analysis acceptable to NCA which reflects adequate working capital, restricted Land Acquisition and Land Development as described in paragraph 5, below; and b. The Cash Flow Analysis submitted pursuant to paragraph a, above, shall state explicitly the assumptions concerning the computation of Security, as defined in the Project Agreement, to enable projected disbursements. 4. Management With respect to condition (3), page 2, of the Offer, dealing with organization and staff, the Board agrees that the condition is partially satisfied and waives further satisfaction before Execution if the Developer agrees that as a condition precedent to Execution, the Developer shall secure a general manager with industrial marketing capabilit and be otherwise acceptable to NCA. 5. Job Base With respect to condition (4), page 2, of the Offer, which 1s a condition precedent to Execution, the Board waives further satisfaction before Execution if the Developer agrees: a. The Project Agreement and other project documents shall contain performance criteria which shall be conditions precedent to endorsement of guarantees on Subsequent Series of Debentures, as defined in the Project Agreemen including the criteria in the draft Project Agreement dated November 9, 1973; and b. The Project Agreement and other project documents shall contain provisions which: (1) Restrict Land Acquisition, as that term is defined in the Project Agreement, to land shown as industria land use on Schedule 2 of the Development Plan, drai dated November 13, 1973, and no other land shall be acquired without the prior approval of NCA; and Reproduced at the Richard Nixon Presidential Library and Museum 4 (2) Restrict Land Development, as that term is defined in the Project Agreement, to industrial or other primary employment purposes; provided however, Land Development for other land uses and purposes may take place when there is evidence, satisfactory to NCA (including but not limited to, letters of intent purchase agreements and construction timetables), which demonstrátes that industrial or other primary employment will take place at Soul City. 6. Other Conditions In addition to the foregoing, the Developer understands and agrees: a. That there shall be no material adverse change in the facts and representations included in the Application, or the business, properties, assets, liabilities or conditions (financial or other) of the proposed partners of the Developer before Execution. b. That all other terms and conditions of the Offer dated June 28, 1972, except as modified by this letter, shall remain in full force and effect. Following your return to us of an executed copy of this letter and our determination you have satisfied the conditions precedent to acceptance, you may accept the Offer. As you know, there are certain conditions precedent to be satisfied before Execution. We look forward to working with you in resolving these outstandi matters. Sincerely yours, COMMUNITY DEVELOPMENT CORPORATION /s/ By: Edward M. Lamont Authorized Agent ACCEPTANCE: On behalf of the Soul City Company, I hereby agree to the terms and conditions set forth above. By: Floyd B. McKissick On behalf of the National Housing Partnership, I hereby agree to the terms and conditions set forth above. By George DeFranceaux Reproduced at the Richard Nixon Presidential Library and Museum JUN 28 Soul City Development Company P. O. Box 38 Soul City, Manson, North Carolina 27553 Gentlemen: You have applied under the Urban Growth and New Community Development Act of 1970 (The "Act") for a commitment to guarantee up to $14,000,000 principal amount of obligations to be issued by you in order to finance land acquisition and land development in connection with creation of a new community in Warren County, North Carolina. Based upon the information contained in your application and otherwise submitted by you to us, we have made the determinations required under the Act for purposes of the commitment hereby offered and are prepared, subject to the conditions specified below, to enter into an agreement providing for the guarantee under the Act of up to $14,000,000 principal amount of obligations to be Issued by you for the purposes above mentioned. Our commitment to enter into such an agreement will be conditioned upon our approval of: LA. (1) the initial investors (in the case of a private sale of such obligations) or the terms and conditions of the underwriting (in the case of public sale of such obligations); (1) (2) the rate of interest to be borne by such obligations or the formula by which such rate will be determined; (3) the repayment and maturity provisions of such obligations; (4) the provisions with respect to protection of the security Interests of the United States, liens and releases of liens, and payment of taxes; and (5) all other terms and conditions of the financing arrangements which might affect the interests of the United States. Reproduced at the Richard Nixon Presidential Library and Museum Such commitment 18 subject to the further conditions that: (1) your application, at the time the above-mentioned agreement is entered into, shall be determined by us to comply in all respects with the relevant provisions of the Act and all regulations and instructions then in effect thereunder; (2) you shall have completed a statement of approved plans in a form acceptable to us as providing a satisfactory basis for supervision, monitoring and evaluation, together with all supporting formal documents or exhibits, and an understanding between us shall have been reached, consistent with the reg- ulations and instructions then in effect, on the specific provisions to be included in the agreement regarding such plans, their implementations, and the related rights and remedies of the Secretary; including (but not limited to) provisions relating to value assigned to land before development, equal opportunity and the broad participation of builders including small builders, marketing strategy, phasing of commercial facilities, and the availability of funds, other than proceeds from the sale of obligations guaranteed by us, to provide for changes in plans or projections which may be required by the conditions herein contained; (3) the organization and staff of Soul City Development Company are acceptable to us; and (4) satisfactory evidence is submitted and accepted by us that industrial and other primary employers sufficient to provide the initial three-year job base, as indicated in the UIG/SCDC study, intend to locate at or near Soul City. The Offer of Commitment contained herein shall not be accepted prior to our determination that the following material has been submitted in form and substance satisfactory to us: (1) Evidence that the debt of Floyd B. McKissick Enterprises Inc. has been structured to provide for repayment in a manner appropriate to the anticipated income of that corporation. (2) A detailed development and marketing strategy for achieving CC: your primary job base. (3) Revised cost/revenue projections reflecting the extension of the development period to 30 years. If your revised analysis of industrial development and marketing strategy reveals changes in development pace, initial development costs, revised land sales, revenues or phasing changes, these factors should also be incorporated into the revised cost/revenue projections. Reproduced at the Richard Nixon Presidential Library and Museum -3- (4) Adoption by the Warren County Board of Commissioners of a resolution which has as its primary purpose the approval in principle of your new community program. Additional expressions of approval should be obtained from Warren County School Board, Warren County Board of Health, and the North Carolina State Highway Cómmission. (5) Evidence of adequate financing for Kerr Lake Utilities Company or for any successor or assignee satisfactory to us. If financing depends on Federal grants or loans, evidence of each such grant or loan should be provided. Subject to the foregoing paragraph, your acceptance of the offer of commitment contained herein shall be effected by payment of a com- mitment charge of $70,000. If such charge has not been paid within 120 days after the date hereof, such offer of commitment shall expire and shall thereafter be of no force or effect, subject, however, to the reopening and acceptance thereof upon payment by you of such commitment charge and a reopening charge of $7,000 within 90 days after such expiration. Following acceptance, the commitment shall remain effective for six months, at which time it shall expire unless you have taken all steps determined by us to be required as a pre-requisite to execution of the above- mentioned agreement or unless such six-month period is extended at our discretion. Sincerely, COMMUNITY DEVELOPMENT CORPORATION /B/ Bamuel C. Jackson By Samuel C. Jackson General Manager KC: Jackson 7100 MN RF 7108 Graves 7100 MN Chron 7108 Mitchell 10260 Project 7150 CPM Files 7133 DeVito 4NR: DEVITO:gmc 6-26-72 Reproduced at the Richard Nixon Presidential Library and Museum Floyd B. McKissick and the Soul City Foundation, Inc. cordially invite you to be present at the Creation (Historic Groundbreaking) of Soul City, North Carolina Friday, November ninth, Nineteen hundred and seventy-three Parade, Soul City to Industrial Park, 9:30 a. m. Historic Groundbreaking Ceremonies, 11:00 a. m. Keynote Speaker The Honorable James Holshouser Governor, North Carolina Second Annual Banquet and Show, 7:30 p. m. Soul City Session Featuring Major Blues, Rock and Jazz Artists Cameron Indoor Stadium Duke University, Durham, North Carolina R.S.V.P. October 26th, 1973 (Card Enclosed) Dress Optional Benefit Soul City Foundation, Inc. (A Non-Profit Cax-Exempt Corporation) Reproduced at the Richard Nixon Presidential Library and Museum October 23, 1973 MEMORANDUM TO: Secretary Lynn Undersecretary Simon General Manager Trevino Board Member Watson FROM: Floyd B. McKissick George W. De Franceaux SOUL CITY We understand that, at the forthcoming review of the Soul City Project by the Board of Directors of the Community Development Corporation on October 24, consideration will be given to imposing several unprecedented restrictions on Soul City's development. In view of the tight time schedule for the Soul City financing, we think it appropriate to make our views plain in advance of the meeting. Specific proposals which we understand are now being considered would curtail land acquisition, restrict development activity to industrial facilities, and limit the developer's ability to make cash draws from escrow. These conditions would make development of a true new community impossible. As such, they are unwise from the point of view of the security interest of the United States and unacceptable to us as developers. 1. Land Acquisition. Soul City has been planned as a city of 5,200 " head Reproduced at the Richard Nixon Presidential Library and Museum - 2 I acres. Today, approximately 2,200 acres are owned. It will be a free-standing new community located in what is now a relatively poor and predominantly rural area. Because of these facts, special development planning is of course needed. For example, our plans and commitments to HUD have always included far greater emphasis on industrial development in the early years than in a "satellite" new community with, accordingly, a proportion- ately smaller emphasis on residential development. Notwith- standing this cautious approach, consideration is apparently being given to restricting the Developer for a substantial period from even acquiring additional land. Looking only to the financial interest of the United States, for which the project land provides security, such an inflexible restriction would be folly. The land is now farmland, appraised by HUD at less than $400 an acre and pur- chasable today in that general price range. But it is attractive land located less than ten minutes from an inter- change on an interstate highway connecting Raleigh-Durham and Richmond and bordering a main rail line serving the South. Sources of water are abundant, and Federal, State and local governments are about to spend $9,000,000 on a regional water system, partially conditioned on a Title VII guarantee for Soul City. The Piedmont region where Soul City is located is generally industrializing rapidly, and our Reproduced at the Richard Nixon Presidential Library and Museum - 3 - economists (Hammer-Greene-Siler Associates) and others have projected rapid growth in the immediate area. In sum, from the standpoint of the security interest of the United States, it is undesirable to prevent the Developer from buying and pledging land at the beginning of the development period, land that is low in cost but certain to appreciate. From the Developer's point of view, failure to buy additional land now would be not merely unwise but disastrous. Even if price increases resulting from industrialization are conservatively estimated, it will be impossible, as cash flow analyses conducted by the New Communities Administration demonstrate, for the Developer to buy the remaining land unless it makes substantial additional purchases while the land is still being farmed. Although the project may not encompass ultimately the full 5,200 acres, the imposition of an inflexible and arbitrary prohibition on the acquisition of additional land at this time could mean the creation of an industrial center community surrounded by acres of unplanned sprawl, the very antithesis of what the Act was intended to promote. 2. Amenities. Our first objective at Soul City is to bring in new industry in the early years. Bringing new industry to a poor, rural area requires not only industrial space, transportation, water and labor but also attractive homes, Reproduced at the Richard Nixon Presidential Library and Museum - 4 - recreation facilities, social services and other amenities for executives, professionals, managers and craftsmen and their families. Of course attention will be focused on industrial development; but in a free-standing new community, industrial development must go hand-in-hand with better schools, with medical facilities and with recreational development. Middle class salaries require middle class amenities. Despite this obvious fact, consideration is apparently being given within HUD to restricting all development activity in the early years to that development directly connected with industrial facilities, thereby eliminating those very amenities that are essential to make Soul City attractive to executives and professional employees. This restriction will simply force new industry to locate not at Soul City but at nearby Henderson, an established city with amenities that will share in the new regional water system. Although we intend at Soul City to limit residential and recreational development in the early years to the minimum necessary to attract industrial employers and to meet the demand created thereby, we will not eliminate those facilities that are essential if Soul City is to attract industry at all. Our aim, in the spirit of the Act, is to create a balanced new community, not a company town filled with unskilled people, satisfied with the minimum necessities of life, while the executives and professionals live elsewhere. Reproduced at the Richard Nixon Presidential Library and Museum - 5 - 3. Escrow Draws. In order to protect the security of the United States and in accordance with the Act, all Developers, including the Soul City Developer, agree to certain restrictions on their ability to draw their own money - the Debenture proceeds --- from escrow. The two primary restrictions are that a certain level of total security must be maintained and that funds can be drawn only for certified "Actual Costs." We are informed that in this case -- and in no other - the Board may consider a further restriction, that is, to limit cash draws on a line-by-line basis to amounts projected in advance. Although we object to such discriminatory treatment, we recognize that a free-standing community presents some additional risk to the United States since the demand is not fully tested. Accordingly, we would, if necessary, accept minimum contractual restrictions limiting the amount of our expenditures, but only for a test period not to exceed two years. We will not agree to a longer period. A new town must be built by the Developer. The New Communities Administration has neither the authority nor the capacity to build Soul City or to direct the development process on a continuous and detailed basis. If Soul City is to be Reproduced at the Richard Nixon Presidential Library and Museum - 6 - built at all, we must be free to make our own plans and choices, consistent with the purposes of the Act and the protection of the United States. On June 28, 1972, we received an Offer of Commitment to guarantee $14,000,000 of Debentures. The Offer was and is a clear-cut obligation of HUD, upon which we have relied for the past year. It is subject only to the conditions enumerated in it, all of which have been satisfied. It reflected a determination by the Board, made after detailed analysis, that Soul City should go forward. We now expect the Department to honor this obli- gation in substance, not to impose new and arbitrary restriction on the development process that are totally at variance, not only with the Offer itself, but with the basic concept of a new community. We can further advise you that the National Corporatic for Housing Partnerships cannot, due to charter limitations, participate as an investor in Soul City unless provision is made from the inception of the Project for the housing for Soul City residents. Reproduced at the Richard Nixon Presidential Library and Museum FLOYD B. McKISSICK ENTERPRISES, INC. P. O. BOX 188 SOUL CITY, NORTH CAROLINA 27553 (919) 456-5811 Oct 18,73 Dear Brad, 11:30AM Enclased please frid copy of letter with a Mewo prepared by over which is being seat to See. Lyona aloug which is being hand delivered to See Lyna by George Defraucoux of our The National Housing Partnership - Partner. This should basing you up to date, Your theely Dedicated to the Building of Black Economic Power" Reproduced at the Richard Nixon Presidential Library and Museum FLOYD B. McKISSICK ENTERPRISES, INC. P. O. BOX 188 SOUL CITY, NORTH CAROLINA 27553 (919) 456-5811 November 28, 1973 Mr. Brad Patterson Assistant to Mr. Leonard Garment The White House Washington, D. C. Dear Brad: Enclosed please find copy of letter which I received from Roy Wilkins relating to the Soul City project. I thought the same might interest you. With very kind regards, I am Yours very truly, Floyd B. McKissick BMC/Gsiik Enclosure Dedicated to the Building of Black Economic Power" Reproduced at the Richard Nixon Presidential Library and Museum A.A.C N over NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE 6 SEVENTEEN NINETY BROADWAY NEW YORK, N. Y. 10019 212-245-2100 i November 5, 1973 NOV 1215 Enterprises, Dear Floyd McKissick: Upon my return to the office after a delayed (and brief) vacation I find your cordial invitation to the groundbreaking ceremonies at Soul City, North Carolina. As my secretary, Mrs. Earlene Bollin, has written you, nothing would please me more than to be present at the groundbreaking ceremonies. As you know, however, our com- tments in this business are necessarily made several months in advance, and it happens that I will be at the Pennsylvania State Conference Convention of the NAACP on that week end. I want you to know that you have my heartiest con- gratulations on the very concrete contribution you are making. Your Soul City project, after many ups and downs, emerges as about the only definite accomplishment of the Nixon Administration for black people. I am constrained to believe that nobody in the Administration intended it to be that way because I can't imagine this administration doing anything as positive as Soul City. There must have been an injection of your own personality into the situa- tion and Soul City comes out a monument to your belief and perseverance. Again, my congratulations. Very sincerely yours, Roy Wilkins Executive Director Mr. Floyd B. McKissick Soul City Foundation, Inc. P. 0. Box 38 Soul City, North Carolina 27553 RW:erb Reproduced at the Richard Nixon Presidential Library and Museum FLOYD B. McKISSICK ENTERPRISES, INC. P. O. BOX 188 SOUL CITY, NORTH CAROLINA 27553 (919) 456-5811 October 18, 1973 Honorable James T. Lynn Secretary Department of Housing and Urban Development 451 Seventh Street, S.W. Washington, D.C. 20410 Dear Mr. Secretary: We understand that the meeting of the Board of Directors of Community Development Corporation adjourned on Wednesday the 17th of October without considering Soul City. As we have previously advised your staff, the Soul City new community will be in jeopardy unless the Board approves the Project within the next week: unless all arrangements to sell our Debentures are completed by November 14, our equity arrangements are subject to collapse, and we cannot complete these arrangements without Board action. I am therefore writing now to request that the Board reconvene no later than Wednesday, October 24, to consider our Project. We see no reason for further delay on this Project. (1) We have already received an Offer of Commitment dated June 28, 1972. (2) We understand that the staff of the New Communities Administration has concluded that all conditions to the Commitment have been satisfied and that no major pre-closing problems remain unresolved. Dedicated to the Building of Black Economic Power" Reproduced at the Richard Nixon Presidential Library and Museum Honorable James T. Lynn October 18, 1973 Page Two (3) Soul City is located in a rural area and is eligible for assistance under the housing programs of the Farmers Home Administration. (4) Soul City has been in preparation and before HUD now for five long years. We would greatly appreciate your informing us of your decision to reconvene the Board. Please call if you have any questions. Very truly yours, a/F.BMcK. Floyd B. McKissick President CC: Alberto F. Trevino, Jr. Edward M. Lamont Reproduced at the Richard Nixon Presidential Library and Museum WILMER, CUTLER & PICKERING i666 K STREET, N.W. WASHINGTON, D.C. 20006 October 18, 1973 MEMORANDUM FOR FLOYD B. McKISSICK ENTERPRISES, INC. AND THE NATIONAL HOUSING PARTNERSHIP Re: Soul City; Closing Schedule The purpose of this Memorandum is to summarize the reasons why it is essential to the success of the Soul City Project that the Board of Directors of Community Development Corporation take action in the next week to authorize acceptance of the Offer of Commitment already made to this Project and to delegate authority to the CDC General Manager to approve Debenture terms and conditions. The following dates (in reverse order) are critical: (a) November 30, 1973 is the last feasible date for financial closing. The syndication transaction needed to provide equity financing for the Project will not be consummated unless financial closing occurs on or before that date. Reproduced at the Richard Nixon Presidential Library and Museum - 2 - (b) November 14, 1973 is the last feasible date for final determination of the Debenture terms, including interest rate. The attached letter from the designated investment banker, A. G. Becker & Co., Inc. states that fifteen days is the "minimally acceptable" time required between approval of Debenture terms and financial closing. (c) November 7, 1973 is the last date on which the investment bankers and their nominee for purchasers' counsel, Messrs. Sullivan and Cromwell, can begin their review of the virtually final Project documents and the preparation of a Purchase Agreement. See attached letter. (d) If the Placement Memorandum to be used by the investment banker must be approved by HUD, a question not finally determined by the General Counsel's office, November 1, 1973 is the last date on which preparation can begin. (e) October 24, 1973 is the last feasible date for acceptance of the Offer of Commitment. There are simply too many things to be done between acceptance of the Offer and the beginning of the Debenture placement process to be accomplished in less than three weeks. At the moment, you have a conditional Offer of Commitment made by HUD on June 28, 1972. Although both you and the HUD staff believe that the conditions to Reproduced at the Richard Nixon Presidential Library and Museum - 3 - acceptance have been satisfied, several steps cannot be taken on the basis of a year-old offer without further assurance that the Project will close in November. They include (1) full-scale preparations by the investment bankers and its counsel; (2) hiring certain key personnel; (3) negotiating contracts to purchase additional land; (4) numerous miscellaneous items involving third parties, including contracts for title insurance, letters of credit; (5) scheduling of board meetings of your partners to give final approval of project terms; and (6) more generally, all-out efforts by the various parties and their counsel and advisors to put numerous documents in final form. (f) October 24, 1973 is not necessarily a critical date for delegation of authority to approve Deben- ture terms, but November 15 is too late to allow the 15 day period for placement and two days for closing. You indicated the urgency of Board action to Mr. Trevino on September 21, on which date we submitted revised drafts of all Project Documents to HUD. Since that date, the New Communities Administration staff has worked extremely hard with us to resolve all open issues. We believe that all such issues have been resolved and that the Project is now ready for Board approval and closing. Wilmer, Cutler & Pickering Reproduced at the Richard Nixon Presidential Library and Museum 2 the Laura Kuitunen new communi ties 755 755-6092 Reproduced at the Richard 612 Nixon Presidential 338 Library and 8801 Museum 4845350 Loats Cahen WCP 872-6061 HUD Dave Berardo 755-6987 755-7100 Reproduced at the Richard Nixon Presidential Library and Museum Board met Tues AM SC's commitment to industry dried up Mouse Industries A- - Conditions vat met Have of cards falls dow 1 Wavie 1 debr that conditions- - for wou - reals Aa conditions of serond M- draw-down cestrubed of 2nd Baaed dougle B. development Reproduced call at the Richard Nixon Presidential Library and Museum COB Wed 3 year to law 300 working L george commitment for vul phase for avother 300. Reproduced at the Richard Nixon Presidential Library and Museum L6 FYI THE WHITE HOUSE BHD wASHINGTON October 16, 1973 MEMORANDUM FOR THE RECORD FROM: MICHAEL RAOUL-DUVAL J SUBJECT: SOUL CITY MEETING We met today in Dana Mead's office, attending were: Dana Mead Mike Duval Tod Hullin Brad Patterson HUD: Al Trevino 755-5435 LAURA Rick Fore - 755-6047 755-609 4 6176 Trevino advised us that McKissick must meet financial closure on 6174 November 30, 1973, and several pre-conditions include debt restructur- ing and an acceptable industrial marketing plan. He stated that the New Communities Board would be meeting tomorrow for the purpose of con- sidering Soul City project. Without a commitment from the Board, favorable to Soul City, it will be impossible for McKissick to get debt restructuring and thus, he will be in trouble for the November 30th closure. Trevino advised that McKissick has been ambiguous on certain financial matters including a syndication deal in California. HUD has not received the specifics of who was involved, level of commitment, etc. We advised Trevino that there was no White House commitment which in any way pre-empted the prerogatives of HUD and the New Communities Board of Directors. Our commitment was simply that the White House supports the concept of Soul City and would provide whatever help it was able to in order to get McKissick moving on this project. It has been made clear, in all meetings between White House personnel and McKissick, that he would have to satisfy all the criteria set forth by the various departments he was dealing with as each specific commitment and grant was considered. Reproduced at the Richard Nixon Presidential Library and Museum - 2 - Accordingly, Trevino advised us that the Board will meet tomorrow and will probably issue a letter of commitment with conditions. There will be an attempt to meet these conditions through negotiations with McKissick on the information he will have to provide in time to meet their November 30th closing. However, it was made clear that if the conditions established by HUD and by the Board are not met, then the Board will not stand behind the Soul City project until some satisfactory arrangement is worked out with McKissick directly. CC: Dana Mead Brad Patterson Tod Hullin Reproduced at the Richard Nixon Presidential Library and Museum THE WHITE HOUSE WASHINGTON SOUL CITY Meeting with Mead, DuVal, Scott, Patterson, Trevino, Fore 9:3 0 October 16, 1973 Problem: Trevino pointed out that New Community Developers Board (Lynnk Simon, himself) was meeting tomorrow and Soul City was on agenda. McKissick's financing gnaranbors' package expires December 1 and he needs HUD closing before that time -- and in time to have all papers drawn. Trevino's problem is that McKissick has really not come through with all the specific answess would would be needed by a group like the Board before they decided on such a n important commitment. The real problem, as I see it, is that HUD, in the months previous to this, has not ever provided McKissickzz and his people with an ultra-specific list of all the bits and pieces of information which are still needed: e.g. names and credit checks on the financial backers, specific rechecks with local and state highway departments tobe sure no new road plans are being made inconsistent with Soul City plans, etc etc. Evidently HUD's staff below Trevino have been so pro-Soul-City (they themselves have been helping McKissick with computer work and other staff work, àltho now McKissick has hired Wilmer, Cutler and Pickering to help him) that neither they nor HUD's General Counsel has ever sat down and written McKissick a long letter spelling out verything he had to produce. XXZXX And of CO urse McKissiek has been operating with tremendous faith, energy and initiaigte, but with slim staff work himself. So now more information is needed, more data to be checked or re-checked -- and Trevino finds his staff has not insisted on it, and his Board is faced with having to vote or not -- and having the decision needed by December Trevino brings this problem to the White House. We all advised him: (a) we had reviewed this last June and had decided that we could and should go ahead with the former commitment to McKissick (b) the above demision was predicated on McKissick's satisfying all HUD's criteria and (c) nothing any of us had said to Floyd MsK. on the phone altered point (b) just enumerated. Trevino was told that these 3 points still held and he was to go and work the rest out with Lynn and with his own staff. I also advised him to get a copy of our June 21 memo (which went to Hyde) but which he evidently has never seen. BD Reproduced at the Richard Nixon Presidential Library and Museum I mentioned the groundbreaking ceeemnny, and in view of the fact that nothing will be legally completed by that date, we all agreed thatt government representation should probabby be handled at the local HUD level -- none from Washington. No Presidential messagek either - at this time. BPQ Reproduced at the Richard Nixon Presidential Library and Museum The WHITE House WASHINGTON Bood: ba messrge the going a from 10/16 President? Elear 10/13 Reproduced at the Richard Nixon Presidential Library and Museum FLOYD B. McKISSICK ENTERPRISES, INC. P. O. BOX 188 SOUL CITY, NORTH CAROLINA 27553 (919) 456-5811 October 10, 1973 Mr. Alberto F. Trevino, Jr. General Manager New Communities Administration Department of Housing and Urban Development 451 - 7th Street, S.W. Washington, D. C. 20410 Dear Mr. Trevino: The purpose of this letter is to underscore the urgency of prompt action by the Board of Community Development Corporation to permit Soul City to reach financial closing no later than November 30, 1973. As described in our letter to you and our submissions to your staff on September 21, 1973, we will raise a substantial part of the needed Project equity through funds to be unconditionally provided to the venture at financial closing by Associated Mortgage Companies ("AMC"). These funds in turn will be a charge against the proceeds of syndication to a group headed by John Kusmiersky of limited partnership interests in a partner in the Developer. Our syndication arrangements provide explicitly that the Kusmiersky group is not obligated to participate unless closing is achieved by December 1 (a Saturday). This is no mere formality: the proposed limited partners are investing in part to obtain tax losses, and for this purpose they Dedicated to the Building of Black Economic Power" Reproduced at the Richard Nixon Presidential Library and Museum Mr. Alberto F. Trevino, Jr. Page Two October 10, 1973 insist that the Debentures be outstanding (so that interest will run) for at least one month of the calendar year 1973. After November 30, if closing has not occurred, we would have to start our search for equity again at the beginning. We assume that the Soul City Project can now be brought promptly before the Board, since we understand that all major problems have been resolved and the Project is ready for a Board presentation. We recognize, of course, that a substantial amount of work remains to be done before closing. We agree, however, that what is now required is simply hard work by all parties: there does not appear to be any major unresolved issue or problem that presents an obstacle to closing. November 30 is seven weeks away. Much of the work that remains, particularly our work to fill in the detail blanks in our arrangements, cannot be accomplished, we understand, until after a closing is approved by the Board. Sale of the Debentures will also take time. This means that at least three weeks and, if possible, more time must elapse between Board approval and financial closing. In sum, if we are to close before December 1 and avoid losing an essential equity commitment, the Soul City Project must be taken up by the Board within the next three to four weeks. I would be happy to discuss this with you further if you wish. Very truly yours, Floyd B. McKissick President Reproduced at the Richard Nixon Presidential Library and Museum THE WHITE HOUSE WASHINGTON October 9 LG: Floyd McKissick called today and will be in town tomorrow. Groundbreaking at Soul City is set for November 9. He knows the President can't make it, but wants you, Stan and me to come. de also wanss a Presidential letter of greetings and I am checking this with HUD and T Eliska. Road Not L-G 11/70 Reproduced at the Richard Nixon Presidential Library and Museum THE WHITE HOUSE 2:30 WASHINGTON Lower K 6092 755-176 11/9 Letter from TT2 auto puture. Deadlui 10/16 LG come Trevino 755-3314 Reproduced at the Richard Nixon Presidential Library and Museum alb Treving 755-3314 THE WHITE HOUSE WASHINGTON Prased agreement AA Dev- - plan for 55 Cash flow plan Equity - LK WCP due - pollus Due - HOD require this Once a month reter maturings 10/1- impainable 11/1 Reproduced at the Richard Nixon Presidential Library and Museum 683-6299 THE WHITE HOUSE WASHINGTON all Trevino should Star in session Oct 1 Than 9- dedication deadline groundbushing Saul City documents bondar AM profeeding Reproduced at the Richard Nixon Presidential Library and Museum THE WHITE House WASHINGTON 8/7 To: Brad Patterson From: Helen Donaldson We sent the invitation on Soul City to Mr. Garment to handle - regret for the President. This should go with it. Reproduced at the Richard Nixon Presidential Library and Museum THE WHITE HOUSE WASHINGTON 8/15 Craig: Libby in John Guthrie's office wants us to turn down the invitation for the President. Could you prepare a letter for Mr. Garment's signature with a copy to Guthrie. After McKissick receives this letter, Guthrie's office will follow up with a phone call and determine whether to send someone else down there at that time. jr Reproduced at the Richard Nixon Presidential Library and Museum Brand THE WHITE HOUSE wASHINGTON August 3, 1973 MEMORANDUM FOR: LEONARD GARMENT FROM: TERRENCE DONNELL SUBJECT: Groundbreaking ceremonies at Soul City, North Carolina in September, 1973 The Schedule Proposal you submitted July 11 for the President to participate in the groundbreaking ceremonies at Soul City has been disapproved. Will you SO notify Floyd McKissick. By copy of this memorandum, John Guthrie has been requested to arrange for an appropriate person to represent the President. Thank you. Leu - we would be a lad to write Mr. Mc Kissich and inform lia that the President will be inable to attend if you prefer. C. cc: John Guthrie Reproduced at the Richard Nixon Presidential Library and Museum THE WHITE HOUSE WASHINGTON 1973 AUG I AM II 29 July 30, 1973 MEMORANDUM FOR DAVID PARKER VIA: DANA G. MEAD you FROM: MICHAEL RAOUL-DUVAL D SUBJECT: Ground Breaking Ceremonies for Soul City, North Carolina We recommend against Presidential participation in the ground breaking ceremonies described in the Schedule Proposal submitted by Len Garment. Although this project clearly has merit, it does contain considerable risk as referred to by Len and there is a chance that because of budgetary problems, federal participation might have to be limited in the future. To commit the President at this time personally, could lock us in on budgetary decisions which might have to be made in the future involving very substantial sums of money. Furthermore, the housing study will be released in early September and clearly the President would have to make reference to it if he par- ticipated in this kind of an event. This study is bound to be highly controversial and it is by no means certain at this time that the President should be personally involved in defending it. Also, from a physical standpoint, this does not appear to be the best area for a housing or community development type event. It might be better to utilize this kind of an event in an urbanized area where the setting would be more appropriate and the crowd situation likely to be improved. Reproduced at the Richard Nixon Presidential Library and Museum To Bill Baroody: For appropuate response: Bill - DANA hAs been THE WHITE HOUSE working on soul City - WASHINGTON you may want to check with him before mel responds - Date: July 17, 1973 FROM: MEMORANDUM FOR: KENNETH COLE BRYCE HARLOW IMELVIN LAIRD VIA: TERRENCE DONNELL FROM: To: DAVID PARKER RE: Groundbreaking Ceremonies at Soul City, N. Carolina The attached is being sent to you for your advice and recommendation. Would you advise as soon as possible. Thank you. COMMENTS: August 3, 1973 I concur in the attached recommendation, forwarded to you through Dana Mead, against the President's participation in the ground breaking ceremonies at Soul City, North Carolina. as Melvin R. Laird Reproduced at the Richard Nixon Presidential Library and Museum THE WHITE HOUSE WASHINGTON July 30, 1973 MEMORANDUM FOR DAVID PARKER VIA: DANA G. MEAD FROM: MICHAEL RAOUL-DUVAL A SUBJECT: Ground Breaking Ceremonies for Soul City, North Carolina We recommend against Presidential participation in the ground breaking ceremonies described in the Schedule Proposal submitted by Len Garment. Although this project clearly has merit, it does contain considerable risk as referred to by Len and there is a chance that because of budgetary problems, federal participation might have to be limited in the future. To commit the President at this time personally, could lock us in on budgetary decisions which might have to be made in the future involving very substantial sums of money. Furthermore, the housing study will be released in early September and clearly the President would have to make reference to it if he par- ticipated in this kind of an event. This study is bound to be highly controversial and it is by no means certain at this time that the President should be personally involved in defending it. Also, from a physical standpoint, this does not appear to be the best area for a housing or community development type event. It might be better to utilize this kind of an event in an urbanized area where the setting would be more appropriate and the crowd situation likely to be improved. Chron DM Chron MD Subject DM DUVAL:SC Reproduced at the Richard Nixon Presidential Library and Museum SCHEDULE PROPOSAL Date: July 11, 1973 FROM: Leonard Garment VIA: General Haig MEETING: Groundbreaking ceremonies at Soul City, North Carolina DATE: A convenient date in September, 1973 PURPOSE: To dedicate the beginning of Soul City, the first (and only free-standing one) of the 15 New Com- munities now being aided by the Federal Government; to compliment the entrepreneurship of Floyd McKissick, the national black leader who was formerly the President of CORE and who is developing Soul City; to call attention to the promise of this program as a concrete example of Adminis- tration accomplishments. FORMAT: Groundbreaking, and a Presidential speech. Soul City is 12 miles south of the Virginia/North Carolina border. The entire occasion including flying time by helicopter could be as short as two hours. approve disapprove PRESS COVERAGE: Full press coverage PRESS FOLLOW - UP: Through normal press channels STAFF: Recommended would be Laird, Cole, Garment, Scott, Mead and Patterson, plus senior officers from HUD, and Commerce. RECOMMEND: Garment, Scott, Under Secretary Hyde BACKGROUND: Soul City will be a 5200 acre New Town with eventually 13, 000 residences, 45, 000 people and businesses and industries. In a series of steps we are making a federal investment of some $32.6 millions in grants, loans and guarantees (out of the $76,000,000 total development investment). Reproduced at the Richard Nixon Presidential Library and Museum The neighboring towns (Oxford and Henderson) have voted new bond issues, and Governor Holzhouser is a strong backer of Soul City. The Project has some risks but a decision has recently been made that the risks are worth taking and we have told McKissick that we will follow through with our commitments to his project. Soul City is now empty land with a few old houses and barns. Groundbreaking will be for the Health Center (an OEO grant), an industrial facility which will "incubate" new industries (also an OEO grant), two miles of roads and the first housing project. (See McKissick's letter attached). We are long overdue for projects with the President's participation; this is an excellent time and place and would be a dramatic change of pace. Reproduced at the Richard Nixon Presidential Library and Museum FLOYD B. McKISSICK ENTERPRISES, INC. P. O. BOX 188 SOUL CITY, NORTH CAROLINA 27553 (919) 456-5811 July 2, 1973 Mr. Leonard Garment Special Consultant to the President The White House 1700 Pennsylvania Avenue, N.W. Washington, D. C. Dear Len: I advised sometime ago that after closing of the HUD bonds, we would have groundbreaking ceremonies at Soul City. These ceremonies will be for the purpose of breaking ground for the Health Center; our first industrial facility to be known as Soultech I; two miles of roads, and our first housing project. We are at this time cordially extending an invitation for President Nixon to be the speaker on this occasion. A more formal invitation will be issued directly to the President once a firm date is established, which we now anticipate to be sometime in September. We are seeking a tentative commitment on the part of President Nixon. Once we have this commitment, then our program will be coordinated around the President's message. This occasion could be used for the purpose of any major domestic announcement by the President, the reaffirmation of Civil Rights goals and as an example of the new federalism as exemplified by the Soul City project. As you know, Soul City is located just 12 miles south of the North Carolina- Virginia State Line. Assuming a busy schedule on the part of the President, he could fly here by helicopter, make his speech and return to Washington within a two hour time period. These details can, of course, be worked out after I hear from you. Reproduced at the Richard Nixon Presidential Library and Museum eonard Garment - 2 - July 2, 1973 our early reply will be greatly appreciated. In the meantime, I thank you. again support. for your past cooperation and you may rest assured of my continued With very kind regards, I am Yours very truly, Gilayd Floyd B. McKissick Reproduced at the Richard Nixon Presidential Library and Museum August 22, 1973 Dear Floyd: The President has asked me to inform you that, regretfully, he will be unable to attend the proposed groundbreaking ceremonies at Soul City in the fall. If you so desire, I'm sure that arrangements for an Administration representative to take part in your ceremonies can be handled through the White House. Best, Leonard Garment Mr. Floyd B. McKissick McKissick Enterprises, Inc. Post Office Box 188 Soul City, North Carolina 27553 Reproduced at the Richard Nixon Presidential Library and Museum August 22, 1973 Dear Floyd: The President has asked me to inform you that, regretfully, he will be unable to attend the proposed groundbreaking ceremonies at Soul City in the fall. If you so desire, I'm sure that arrangements for an Administration representative to take part in your ceremonies can be handled through the White House. Best, Leonard Garment Mr. Floyd B. McKissick McKissick Enterprises, Inc. Post Office Box 188 Soul City, North Carolina 27553 Reproduced at the Richard Nixon Presidential Library and Museum August 22, 1973 Dear Floyd: The President has asked me to inform you that, regretfully, he will be unable to attend the proposed groundbreaking ceremonies at Soul City in the fall. If you so desire, I'm sure that arrangements for an Administration representative to take part in your ceremonies can be handled through the White House. Best, Leonard Garment Mr. Floyd B. McKissick McKissick Enterprises, Inc. Post Office Box 188 Soul City, North Carolina 27553 Reproduced at the Richard Nixon Presidential Library and Museum August 22, 1973 Dear Floyd: The President has asked me to inform you that, regretfully, he will be unable to attend the proposed groundbreaking ceremonies at Soul City in the fall. If you so desire, I'm sure that arrangements for an Administration representative to take part in your ceremonies can be handled through the White House. Best, Leonard Garment Mr. Floyd B. McKissick McKissick Enterprises, Inc. Post Office Box 188 Soul City, North Carolina 27553 Reproduced at the Richard Nixon Presidential Library and Museum B.P. FLOYD B. McKISSICK ENTERPRISES, INC. P. O. BOX 188 SOUL CITY, NORTH CAROLINA 27553 (919) 456-5811 July 2, 1973 Mr. Leonard Garment Special Consultant to the President The White House 1700 Pennsylvania Avenue, N.W. Washington, D. C. Dear Len: I advised sometime ago that after closing of the HUD bonds, we would have groundbreaking ceremonies at Soul City. These ceremonies will be for the purpose of breaking ground for the Health Center; our first industrial facility to be known as Soultech I; two miles of roads, and our first housing project. We are at this time cordially extending an invitation for President Nixon to be the speaker on this occasion. A more formal invitation will be issued directly to the President once a firm date is established, which we now anticipate to be sometime in September. We are seeking a tentative commitment on the part of President Nixon. Once we have this commitment, then our program will be coordinated around the President's message. This occasion could be used for the purpose of any major domestic announcement by the President, the reaffirmation of Civil Rights goals and as an example of the new federalism as exemplified by the Soul City project. As you know, Soul City is located just 12 miles south of the North Carolina- Virginia State Line. Assuming a busy schedule on the part of the President, he could fly here by helicopter, make his speech and return to Washington within a two hour time period. These details can, of course, be worked out after I hear from you. Reproduced at the Richard Nixon Presidential Library and MuSedinated to the Building of Black Economic Power" Mr. Leonard Garment - 2 - July 2, 1973 Your early reply will be greatly appreciated. In the meantime, I thank you again for your past cooperation and you may rest assured of my continued support. With very kind regards, I am Yours very truly, Flayd Floyd B. McKissick Reproduced at the Richard Nixon Presidential Library and Museum MEMORANDUM OF CALL TO: BP YOU WERE CALLED BY- YOU WERE VISITED BY- meredith Potter OF (Organization) HUD PLEASE CALL PHONE NO. CODE/EXT. 755-6950 WILL CALL AGAIN IS WAITING TO see YOU RETURNED YOUR CALL WISHES AN APPOINTMENT MESSAGE Beturning your call to Mr. Hyde -he will not be in today. RECEIVED BY dls DATE TIME 7/11 10:10 STANDARD FORM 63 GPO : 1969-c48-16-80341-1 332-389 63-108 REVISED AUGUST 1967 GSA FPMR (41 CFR) 101-11.6 Reproduced at the Richard Nixon Presidential Library and Museum THE WHITE HOUSE WASHINGTON June 29, 1973 NOTE FOR THE FILES Subject: Soul City Mike Duval, at Dana Mead's request, told me at 11:35 this morning that the decision has been made: a) To OK the EDA $1.5 million for water and wewer grant for FY 1973. b) To stand behind Bob Brown's original general assurances given to Floyd McKissick last year about Soul City. c) To authorize Lynn to go ahead with the water and sewer grants if he thinks it wise in view of ourinabiltity to make any housing subsidy commitments until after the overall housing study is done ink the Fall. This means that if he considers the whole ente r- prise a viable risk under these circum- standes (and he does ) he can go ahead with the water and sewer grants now Reproduced at the Richard Nixon Presidential Library and Museum over d) The decision will really be cast as a HUD-EDA decision, not S O much as "White House" itself. e) OMB and HUD have been notified of the above; Lynn will get in touch with McKissick. Boad Reproduced at the Richard Nixon Presidential Library and Museum THE WHITE HOUSE WASHINGTON June 20, 1973 Leonard - This is now ready to go to Laird -- in final formX after your OK. I talked with Floyd Hyde yester- day alnd the memo reflects his views; he thinks we should "go" with Soul City, even though it is "marginal". Informally, Dana agrees, altho he would prefer the memo go in without a formal concurrence; if Ken asks for one from him, he will concur. I invited comment from Stan Scott 2 weeks ago but never got anything. H. Floyd asle d me to check with Chase Manhattan, and I did today by phone; they are still "go" for Soul City. OK Reproduced at the Richard Nixon Presidential Library and Museum Paul O'Neill has gone over the memo in its several previous drafts; doesn't want to be formally included as "concurring" or as making any recommendation, but agrees that our depiction of him as considering the project "marginal" is correct. Informally, Paul tells me that we may be able to get the water and dewer money -- all of it -- from EDA (in its newly extended existence) rather than from HUD at all, but that is a tactical detail referred to briefly here - - but this paper is for a strategic decision. Your OK recommended. Bowl Reproduced at the Richard Nixon Presidential Library and Museum THE WHITE HOUSE WASHINGTON June 21, 1973 MEMORANDUM FOR MEL LAIRD SUBJECT: SOUL CITY Soul City is a prospective New Community in North Carolina, the first (and only) free-standing new community among the fifteen which HUD is now assisting pursuant to the Urban Growth and New Community Development Act of 1970. It is 5, 200 acres, will represent a land acquisition and development investment alone of $76,000,000 and will eventually have 13, 000 residences and a population of almost 45, 000. It would be located just south of the Virginia border, within an hour's commuting time of Raleigh, Durham, Wake Forest and Rocky Mount. The developer of Soul City is Floyd McKissick, one of the nation's best known black leaders. Last June, the Board of Directors of the New Community Development Corporation approved a conditional offer of commitment to Soul City of $14,000,000 in guarantees. McKissick then sent in applications for water and sewer grants to both HUD and EDA and the processing of these applications began. During 1972, Bob Brown of the White House gave McKissick general assurances that we supported his enterprise. Reproduced at the Richard Nixon Presidential Library and Museum -2- Last January, we announced that HUD would approve no more applications for water and sewer grants (no matter how far along they were) and we also announced that HUD was suspending its subsidy program for low and moderate income housing. Both of these actions affected the plans for Soul City, and McKissick came to see me in February, asking me the question: were we going to go ahead with our support of Soul City? Brad Patterson and I have been in touch with OMB, EDA, HUD and McKissick and especially have requested that McKissick list on one chart all his present and proposed federal subsidies. This chart appears as Attachment A. As of now, Soul City is empty land, with a few old houses and barns. But extensive plans (and commitments) have been made. Four agencies of the Federal Government have already invested $1. 628 million in Soul City planning (Attachment A, items 2, 6, 10, 11 and 22) and have now com- mitted $.7 million more (items 7 and 13) SO our federal investment is $2. 3 million at present. The developers of Soul City have requests either pending or envisaged for (a) at least $15. 8 million in additional federal grants, (b) $.5 in additional loans, (c) $14. 0 in guarantees and (d) a large, but unknown amount for housing subsidy payments (see below). Thus, at least $16. 370 millions in added federal subsidization would be needed with the Reproduced at the Richard Nixon Presidential Library and Museum -3- further risk of $14 millions in guarantee exposure. (This is not unusual for the "new communities"; typically they have comprehensive shopping lists for federal assistance.) Of Soul City's total requirements, however, close to $4 million has been requested under HUD's water and sewer grant and loan programs which were terminated on January 5, 1973. If an exception is to be made for Soul City from these HUD funds, it must be made before the end of this month. (A preliminary commitment for the water and sewer grant was made within HUD a year ago this month.) The policy question is: should the U.S. Government go ahead, this month and in the months to come, finally committing more than $16 million on top of the $2. 3 million we have already invested to help new community Soul City get built, and committing the guarantee? One difficulty in answering this question as it applies to Soul City (See item #4 in Attachment A) is that not only Soul City but every other one of the 15 New Communities is in effect required by Section 712 of the New Community Development Act to include "an appropriate portion'' of low and moderate income housing. In Soul City, the total is expected to reach at least 3, 700 units over 25 years -- 200 in the next 3 years. The Administration's suspension of new commitments under its erstwhile subsidy programs for low and moderate income housing will stay in effect pending a comprehensive study now in progress with HUD but not due for presentation to the President until September. On March 20, 1973 in Congressional testimony, Secretary Lynn stated that Reproduced at the Richard Nixon Presidential Library and Museum -4- "instructions will be issued shortly to honor the bona fide commitments as promised by Secretary Romney. The areas in which these commitments fall include: New Communities " Secretary Lynn thus has authority to meet FY 1974 needs for sub- sidized low and moderate income housing in Soul City (depending on how he sets his internal priorities) but Soul City's FY 1974 subsidized housing requirement is only five units. The Secretary obviously cannot make any longer-range commitment for assistance to low and moderate income housing -- in Soul City or anywhere else -- - until he and the President have reviewed the September study, have decided on what direction to take and until the Congress has approved it. If it should eventually be decided that there will be no further such subsidy program, Soul City and the other New Communities will be very different places from what was originally conceived -- they will not have the balance in types of housing which the New Com- munity Development Act intended. In Soul City's case such a lack may be very harmful. (Attachment B is an OMB memorandum on this subject). But at least the next increment of our commitment to Soul City (the $5. 892 million) must be decided on before this June 30; we cannot wait until next September to make this decision. Before making a recommendation, here is an analysis of what might be called the assets and risks: Reproduced at the Richard Nixon Presidential Library and Museum -5- Soul City's Assets 1. A Presidential policy favoring (a) minority enterprise development and (b) concrete results instead of rhetoric about it. 2. A very committed and capable developer, (and a political friend -- see attachment C) who wants to make this project one of the best of the President's concrete accomplishments. Floyd Hyde believes McKissick is going to stay with this project for a long time. 3. The State (and the Governor) of North Carolina, which has already committed $125, 000 in a planning grant, $75,000 in road work, and $1. 3 million for the required 3-county regional water system, and which will commit another $.4 next year. Governor Holzhauser (and I have reconfirmed this just now) is a strong proponent of Soul City. 4. The neighboring cities of Henderson and Oxford, N. C. which just June 2 approved referenda committing themselves to put up $2. 8 million of bonds for that regional water system. 5. The four Federal Agencies (HUD, OEO, Commerce and the National Endowment on the Arts) which have put up the $2.30 3 up to now. Secretaries Lynn's and Dent's memoranda and the very recent one of Acting Assistant Secretary Blunt are attached (Attachment D). 6. HUD's conviction, as expressed by Ted Lamont, Director of its Office of New Communities Development, that Soul City will become an important growth center in the northern North Carolina area and will Reproduced at the Richard Nixon Presidential Library and Museum -6- significantly help to stem the out-migration from this area which up to now has been one of the highest in the State. 7. Private lenders and investors who have made the following com- mitments to Soul City: a) $1. 5 million in equity from McKissick Enterprises, the National Corporation for Housing Partnerships and the black architectural firm Madison-Madison International. b) $1. 5 million in a combination of secured and unsecured loans from Chase Manhattan, North Carolina National Bank, the National Corporation for Housing Partnerships, the Mechanics and Farmers Bank of Charlotte and a dozen miscellaneous lenders. c) $1. 15 million in mortgage promises from various sources. 8. Soul City's economic geography, which has I-85 and the Seaboard Railway abutting it. 9. The Board of Directors of the New Community Development Corporation which on June 28, 1972 after the most careful analysis and consideration approved making a conditional offer of commitment to Soul City (the $14, 000, 000 guarantee), having officially confirmed the eight determinations, (pursuant to statute) set forth in Attachment E, and made the finding that the Soul City enterprise is "an acceptable financial risk to the United States". Reproduced at the Richard Nixon Presidential Library and Museum -7- 10. McKissick's promise (which HUD insists upon as a condition of the guarantee) to install a competent General Manager for the whole Soul City enterprise. Soul City's Risks 1. Soul City is located in a low-income area which may not be as attractive to prospective homeowners/businesses as alternative opportunities. (This is why assistance for the "incubation" of industries, for manpower training grants, and for low-income housing are necessary). 2. A principal "unknown" is whether, once he has his land watered and sewered and otherwise developed, McKissick will really be able to sell parcels of it to residential and commerical customers. 3. Under Secretary Hyde and other members of the Board of the New Community Development Corporation, even while making their positive findings, did it with their fingers crossed, recognizing that a new, free- standing community is a much more chancey enterprise than the other 14 new communities being assisted by HUD, in that the other 14 are located in or very near suburbs or other existing growth areas. Floyd Hyde still characterizes the Soul City enterprise as "marginal" and as requiring significant amounts of grant assistance in order to succeed. Paul O'Neill of OMB concurs with this description. Reproduced at the Richard Nixon Presidential Library and Museum -8- 4. The project is right now dependent on Federal support for its water and sewer system. One of the programs from which the developers are seeking funds -- HUD's water and sewer program -- has already been terminated. Should this program be opened up for Soul City, the Administration will be subject to pressure to make further exceptions in special cases. If we should make further exceptions, this could jeopardize our budgetary strategy. (Alternatively it would be possible to have EDA pick up the full cost of the project in FY 1974; this would probably require our direct intervention, since EDA has only $150 million nationwide, and Soul City needs nearly $6 million.) 5. There is a real possibility that if Federal housing production sub- sidies are unavailable for the long term, this lack will undermine the entire Soul City project. Conclusion In reviewing all of the points here, balancing the assets and risks, I am impressed with the firm and specific commitments which have so far been made by so many different individuals and institutions: the State of North Carolina, the towns of Henderson and Oxford, the many government professionals who have evaluated the promise of this enter- prise, the private banks, organizations and individuals who have put not only their faith but their money on the line, convinced that Soul City Reproduced at the Richard Nixon Presidential Library and Museum -9- is an enterprise with promise. In my four years here, I have seen few projects in the minority development field which have put together as much as this one has. Under Secretary Hyde and I share an additional conviction: the whole New Communities program is and was expected to be an experimental venture, with inherent risks. We should not now argue that because one of these new communities is "marginal", it should be scrubbed. Unless we go ahead with this, how are we ever going to find out whether a new town, beginning from scratch in an entirely rural area, can be made to succeed? If we now say "no" to McKissick, we will stand accused not only of reneging on specific commitments to him, but of reneging on the President's commitment to the whole minority enterprise concept. How- ever unfair or inaccurate those accusations may be in a narrow sense, in the broader context they will be persuasive to the public and damaging to all of us on the domestic side of the Administration. Recommendations 1. We should give Soul City the green light and inform the interested agencies that we have done so. For FY 1973 this means specifically a green light for the water and sewer grants. In the field of housing policy in the short term, this means that Secretary Lynn will have our support in regarding Soul City's immediate requests for subsidized low and Reproduced at the Richard Nixon Presidential Library and Museum -10- moderate income housing as among the "bona fide commitments" which he can and will handle under his existing authority and funds. In the long term, this means that McKissick and all the other New Community developers will have to continue to take their chances as to whether federal government will have an on-going subsidy program for low and moderate income housing. 2. We should ask HUD to designate an implementation monitorship officer to work with the various federal agencies to ensure the coordinated handling of the applications from Soul City (and from the other New Communities); we should notify the other agencies of our support of this designation. Leonard Garment attachment Reproduced at the Richard Nixon Presidential Library and Museum THE WHITE House WASHINGTON Carbon copies sent to: Floyd Hyde w/attachments Dana Mead Paul O'Neill Reproduced at the Richard Nixon Presidential Library and Museum THE WHITE HOUSE WASHINGTON June 21, 1973 MEMORANDUM FOR MEL LAIRD SUBJECT: SOUL CITY Soul City is a prospective New Community in North Carolina, the first (and only) free-standing new community among the fifteen which HUD is now assisting pursuant to the Urban Growth and New Community Development Act of 1970. It is 5, 200 acres, will represent a land acquisition and development investment alone of $76,000,000 and will eventually have 13, 000 residences and a population of almost 45, 000. It would be located just south of the Virginia border, within an hour's commuting time of Raleigh, Durham, Wake Forest and Rocky Mount. The developer of Soul City is Floyd McKissick, one of the nation's best known black leaders. Last June, the Board of Directors of the New Community Development Corporation approved a conditional offer of commitment to Soul City of $14, 000, 000 in guarantees. McKissick then sent in applications for water and sewer grants to both HUD and EDA and the processing of these applications began. During 1972, Bob Brown of the White House gave McKissick general assurances that we supported his enterprise. Reproduced at the Richard Nixon Presidential Library and Museum -2- Last January, we announced that HUD would approve no more applications for water and sewer grants (no matter how far along they were) and we also announced that HUD was suspending its subsidy program for low and moderate income housing. Both of these actions affected the plans for Soul City, and McKissick came to see me in February, asking me the question: were we going to go ahead with our support of Soul City? Brad Patterson and I have been in touch with OMB, EDA, HUD and McKissick and especially have requested that McKissick list on one chart all his present and proposed federal subsidies. This chart appears as Attachment A. As of now, Soul City is empty land, with a few old houses and barns. But extensive plans (and commitments) have been made. Four agencies of the Federal Government have already invested $1. 628 million in Soul City planning (Attachment A, items 2, 6, 10, 11 and 22) and have now com- mitted $.7 million more (items 7 and 13) so our federal investment is $2. 3 million at present. The developers of Soul City have requests either pending or envisaged for (a) at least $15. 8 million in additional federal grants, (b) $.5 in additional loans, (c) $14. 0 in guarantees and (d) a large, but unknown amount for housing subsidy payments (see below). Thus, at least $16. 370 millions in added federal subsidization would be needed with the Reproduced at the Richard Nixon Presidential Library and Museum -3- further risk of $14 millions in guarantee exposure. (This is not unusual for the "new communities"; typically they have comprehensive shopping lists for federal assistance.) Of Soul City's total requirements, however, close to $4 million has been requested under HUD's water and sewer grant and loan programs which were terminated on January 5, 1973. If an exception is to be made for Soul City from these HUD funds, it must be made before the end of this month. (A preliminary commitment for the water and sewer grant was made within HUD a year ago this month.) The policy question is: should the U.S. Government go ahead, this month and in the months to come, finally committing more than $16 million on top of the $2. 3 million we have already invested to help new community Soul City get built, and committing the guarantee? One difficulty in answering this question as it applies to Soul City (See item #4 in Attachment A) is that not only Soul City but every other one of the 15 New Communities is in effect required by Section 712 of the New Community Development Act to include "an appropriate portion'' of low and moderate income housing. In Soul City, the total is expected to reach at least 3, 700 units over 25 years -- 200 in the next 3 years. The Administration's suspension of new commitments under its erstwhile subsidy programs for low and moderate income housing will stay in effect pending a comprehensive study now in progress with HUD but not due for presentation to the President until September. On March 20, 1973 in Congressional testimony, Secretary Lynn stated that Reproduced at the Richard Nixon Presidential Library and Museum -4- "instructions will be issued shortly to honor the bona fide commitments as promised by Secretary Romney. The areas in which these commitments fall include: New Communities " Secretary Lynn thus has authority to meet FY 1974 needs for sub- sidized low and moderate income housing in Soul City (depending on how he sets his internal priorities) but Soul City's FY 1974 subsidized housing requirement is only five units. The Secretary obviously cannot make any longer-range commitment for assistance to low and moderate income housing -- in Soul City or anywhere else -- until he and the President have reviewed the September study, have decided on what direction to take and until the Congress has approved it. If it should eventually be decided that there will be no further such subsidy program, Soul City and the other New Communities will be very different places from what was originally conceived -- they will not have the balance in types of housing which the New Com- munity Development Act intended. In Soul City's case such a lack may be very harmful. (Attachment B is an OMB memorandum on this subject). But at least the next increment of our commitment to Soul City (the $5. 892 million) must be decided on before this June 30; we cannot wait until next September to make this decision. Before making a recommendation, here is an analysis of what might be called the assets and risks: Reproduced at the Richard Nixon Presidential Library and Museum -5- Soul City's Assets 1. A Presidential policy favoring (a) minority enterprise development and (b) concrete results instead of rhetoric about it. 2. A very committed and capable developer, (and a political friend -- see attachment C) who wants to make this project one of the best of the President's concrete accomplishments. Floyd Hyde believes McKissick is going to stay with this project for a long time. 3. The State (and the Governor) of North Carolina, which has already committed $125, 000 in a planning grant, $75,000 in road work, and $1. 3 million for the required county regional water system, and which will commit another $.4 next year. Governor Holzhauser (and I have reconfirmed this just now) is a strong proponent of Soul City. 4. The neighboring cities of Henderson and Oxford, N. C. which just June 2 approved referenda committing themselves to put up $2. 8 million of bonds for that regional water system. 5. The four Federal Agencies (HUD, OEO, Commerce and the National Endowment on the Arts) which have put up the $2. 3 up to now. Secretaries Lynn's and Dent's memoranda and the very recent one of Acting Assistant Secretary Blunt are attached (Attachment D). 6. HUD's conviction, as expressed by Ted Lamont, Director of its Office of New Communities Development, that Soul City will become an important growth center in the northern North Carolina area and will Reproduced at the Richard Nixon Presidential Library and Museum -6- significantly help to stein the out-migration from this area which up to now has been one of the highest in the State. 7. Private lenders and investors who have made the following com- mitments to Soul City: a) $1. 5 million in equity from McKissick Enterprises, the National Corporation for Housing Partnerships and the black architectural firm Madison-Madison International. b) $1. 5 million in a combination of secured and unsecured loans from Chase Manhattan, North Carolina National Bank, the National Corporation for Housing Partnerships, the Mechanics and Farmers Bank of Charlotte and a dozen miscellaneous lenders. c) $1. 15 million in mortgage promises from various sources. 8. Soul City's economic geography, which has I-85 and the Seaboard Railway abutting it. 9. The Board of Directors of the New Community Development Corporation which on June 28, 1972 after the most careful analysis and consideration approved making a conditional offer of commitment to Soul City (the $14, 000, 000 guarantee), having officially confirmed the eight determinations, (pursuant to statute) set forth in Attachment E, and made the finding that the Soul City enterprise is "an acceptable financial risk to the United States". Reproduced at the Richard Nixon Presidential Library and Museum -7- 10. McKissick's promise (which HUD insists upon as a condition of the guarantee) to install a competent General Manager for the whole Soul City enterprise. Soul City's Risks 1. Soul City is located in a low-income area which may not be as attractive to prospective homeowners/businesses as alternative opportunities. (This is why assistance for the "incubation" of industries, for manpower training grants, and for low-income housing are necessary). 2. A principal "unknown" is whether, once he has his land watered and sewered and otherwise developed, McKissick will really be able to sell parcels of it to residential and commerical customers. 3. Under Secretary Hyde and other members of the Board of the New Community Development Corporation, even while making their positive findings, did it with their fingers crossed, recognizing that a new, free- standing community is a much more chancey enterprise than the other 14 new communities being assisted by HUD, in that the other 14 are located in or very near suburbs or other existing growth areas. Floyd Hyde still characterizes the Soul City enterprise as "marginal" and as requiring significant amounts of grant assistance in order to succeed. Paul O'Neill of OMB concurs with this description. Reproduced at the Richard Nixon Presidential Library and Museum -8- 4. The project is right now dependent on Federal support for its water and sewer system. One of the programs from which the developers are seeking funds -- HUD's water and sewer program. -- has already been terminated. Should this program be opened up for Soul City, the Administration will be subject to pressure to make further exceptions in special cases. If we should make further exceptions, this could jeopardize our budgetary strategy. (Alternatively it would be possible to have EDA pick up the full cost of the project in FY 1974; this would probably require our direct intervention, since EDA has only $150 million nationwide, and Soul City needs nearly $6 million.) 5. There is a real possibility that if Federal housing production sub- sidies are unavailable for the long term, this lack will undermine the entire Soul City project. Conclusion In reviewing all of the points here, balancing the assets and risks, I am impressed with the firm and specific commitments which have so far been made by so many different individuals and institutions: the State of North Carolina, the towns of Henderson and Oxford, the many government professionals who have evaluated the promise of this enter- prise, the private banks, organizations and individuals who have put not only their faith but their money on the line, convinced that Soul City Reproduced at the Richard Nixon Presidential Library and Museum -9- is an enterprise with promise. In my four years here, I have seen few projects in the minority development field which have put together as much as this one has. Under Secretary Hyde and I share an additional conviction: the whole New Communities program is and was expected to be an experimental venture, with inherent risks. We should not now argue that because one of these new communities is "marginal", it should be scrubbed. Unless we go ahead with this, how are we ever going to find out whether a new town, beginning from scratch in an entirely rural area, can be made to succeed? If we now say "no" to McKissick, we will stand accused not only of reneging on specific commitments to him, but of reneging on the President's commitment to the whole minority enterprise concept. How- ever unfair or inaccurate those accusations may be in a narrow sense, in the broader context they will be persuasive to the public and damaging to all of us on the domestic side of the Administration. Recommendations 1. We should give Soul City the green light and inform the interested agencies that we have done so. For FY 1973 this means specifically a green light for the water and sewer grants. In the field of housing policy in the short term, this means that Secretary Lynn will have our support in regarding Soul City's immediate requests for subsidized low and Reproduced at the Richard Nixon Presidential Library and Museum -10- moderate income housing as among the "bona fide commitments" which he can and will handle under his existing authority and funds. In the long term, this means that McKissick and all the other New Community developers will have to continue to take their chances as to whether federal government will have an on-going subsidy program for low and moderate income housing. 2. We should ask HUD to designate an implementation monitorship officer to work with the various federal agencies to ensure the coordinated handling of the applications from Soul City (and from the other New Communities); we should notify the other agencies of our support of this designation. Leonard Garment attachment Reproduced at the Richard Nixon Presidential Library and Museum DRAFT 6/5/73 FEDERAL ASSISTANCE TO SOUL CITY, NORTH CAROLINA, AND ITS REGION The following table summarizes the various forms of Federal assistance now being provided, and formally requested, and expected to be required by Soul City and its Region. Soul City will be the first free-standing new town to be developed under Title VII of the Housing and Urban Development Act of 1970. It will require a unique combination of private, Federal, State and local action over the thirty year span of the Development Plan. In that time, problems that now seem large will disappear, and problems now invisible will present themselves. The table below is therefore only an outline on the basis of information now available. There is one other essential preliminary point. The Federal support listed below is quite varied not only in form and budgetary impact but also in its recipients and bene- ficiaries. Some of the Federal actions will benefit The Soul City Company, the Developer of Soul City, in accordance with statutory policies of assisting both new town development and minority business enterprise. Other Federal actions will be directed toward the entire Region, including its existing communities as well as Soul City. Still other actions will be aimed directly at the new residents of Soul City, persons who are not now identified. Reproduced at the Richard Nixon Presidential Library and Museum Finally, to place the Federal support described below in context, it is important to note that it is only a fraction of the overall cost of developing Soul City. Private, State and local sources have already made substantial commitments, and in later years their contri- butions can be expected to predominate. Approximately $1,500,000 has been provided to date by banks and other lenders, and an additional approximately $1,500,000 will be contributed by the partners in The Soul City Company as equity capital when the debentures are issued. The State of North Carolina has already spent or committed nearly $2,000,000, and neighboring local governments have committed $2,800,000. The essential Federal role is to provide the seed money, leverage and long-term security essential to enable others to undertake a project of this magnitude. - 2 - Reproduced at the Richard Nixon Presidential Library and Museum FEDERAL SUPPORT FOR SOUL CITY AND STATE PLANNING REGION K AGENCY PROGRAM NUMBER CONTACT PERSON STATUS FORM OF SUPPORT RECIPIENT AMOUNT PURPOSE/REMARKS * 1. HUD Offer of Debenture $14,000,000 This is the basic New Communities commitment guarantees SCC Laura Kuitunen HUD guarantee made June 28, Reproduced at the Richard Nixon Presidential Library and Museum under Title VII 1972 of the HUD Act of 1970 to support a new community. 2. HUD Funded; Grant State of $ 128,000 701 Planning Physical planning expires North Malachi Knowles for region and 6/30/73 Carolina; new community. subcontracted to WRPC * 3. HUD OMB approval a.Basic water Soul City a. $ 500,000 Interim water and Water and Sewer requested by and sewer Sanitary Donald Patch sewer systems for HUD and grant District Soul City. SCC is pending b. ONCD supple- b.$ 302,000 contributing an mental grant additional C. Public facil- C. $ 500,000 $514,000. ities loan * 4. HUD r Home ad. To be applied Various Dollar amount Low and SCC will be re- for Housing subsidies; housing Moderate unknown; see quired by HUD to rent supplements; developers remarks Income Housing provide 116-174 public housing units of subsidi- Programs (unknown) zed housing between 1974 and 1978. *Indicates Federal activities of primary importance. AGENCY PROGRAM NUMBER CONTACT PERSON STATUS FORM OF SUPPORT RECIPIENT AMOUNT PURPOSE/REMARKS * 5. Commerce/HUD OMB approval a.EDA grant City of EDA a.$1,500,000 This is part of requested b. HUD basic water Henderson, George Karras b.$2,640,000 $9,000,000 program grant. North for new regional C. ONCD supple- Carolina c.$ 360,000 water system serv- mental grant. ing three counties. Remain- ing funds ($4,500,000) being contributed by state and local Reproduced at the Richard Nixon Presidential Library and Museum sources. 6. Commerce Funded; Federal WRPC $ OMBE 257,500 Industrial expires contract Harold McClendon Promotion 6/30/73 * 7. do Pending Federal WRPC $ 274,000 Technical assis- before contract tance to SCC. This OMBE is an amendment to item 6 to pro- vide additional funding through August 31,1973. *8. do Under Federal negotiation contract WRPC $ 760,000 Minority business development (re- quest is for $760,000 for fiscal 1974; additional re- quests for $500,00 in fiscal 1975 and $250,000 in fiscal 1976 are antici- pated.) page 2 AGENCY PROGRAM NUMBER CONTACT PERSON STATUS FORM OF SUPPORT RECIPIENT AMOUNT PURPOSE/REMARKS * 9. EPA Application Grant Soul City $ 3,000,000 Waste Water Permanent Sewage tentatively Sanitary Treatment Facil- Treatment submitted; District ities. An addi- (State of North formal appli- tional $1,000,000 Carolina) cation in to be supplied by process State and Local sources. 10. OEO Funded Grant Soul City $ 90,000 Special Programs Planning to in- Foundation Michael Thompson sure participation Reproduced at the Richard Nixon Presidential Library and Museum of the poor in Sod City. 11. OEO Funded; Grant HealthCo. $ 1,140,117 Office of Health Comprehensive expires Health Services Affairs 12/31/73 for Warren and William White Vance Counties (including medical personnel and health facilities). *12. do To be Grant HealthCo. $1,500,000 ('74) Extension of No. 11 applied for $1,000,000 ('75) to calendar 1974 and 1975. *13. OEO Pending Grant Soul City $ 502,875 Planning, con- Community Action before Foundation struction and Program OEO Michael Thompson development of industrial incubator plant. Page 3 AGENCY PROGRAM NUMBER CONTACT PERSON STATUS FORM OF SUPPORT RECIPIENT AMOUNT PURPOSE/REMARKS 14. OEO Pending Grant Soul City $ 90,000 Legal Services for Legal Services before Foundation the poor of Warren Mr. Hurwitz OEO and Vance Counties 15. HEW Pending Grant Soul City $ 98,220 Provide Remedial Office of before Foundation Education to Education HEW Warren County High John Lovegrove School Students. * 16. HEW To be Grant Soul City $ 200,000 Planning expansion National applied for Foundation for fiscal and improvement Reproduced at the Richard Nixon Presidential Library and Museum Institute of 1974;$200,000 of Warren County Education for fiscal public schools. (unknown) 1975. 17. HEW To be Grant Soul City (unknown) applied for Foundation $ 250,000 Planning and (unknown) demonstration of child care and day care program and facilities. 18. HEW To be Grant Soul City $ 500,000 Construction and Office of applied for Foundation development of Education or Region K regional public (unknown) library to serve five counties. * 19. Department of To be Grant Soul City $ 683,000 Planning and Labor applied for Foundation demonstration pro- Manpower Training ject to develop (unknown) regional con- struction trades training program. page 4 AGENCY PERSON NUMBER CONTACT PERSON STATUS FORM OF SUPPORT RECIPIENT AMOUNT PURPOSE/REMARKS 20. Department of To be Grant Soul City $ 400,000 Planning and Justice applied for Foundation; Development of LEAA Soul City public safety pro- (unknown) Sanitary gram and purchase District of equipment. 21. Department of To be Grant Warren $1,000,000 Preservation Interior applied for County and restoration Historic of historic sites Preservation and development (unknown) of recreational Reproduced at the Richard Nixon Presidential Library and Museum areas. 22. National Funded Grant Soul City $ 12,500 Planning Endowment for Foundation Cultural Develop- the Arts ment. Expansion Arts Division Vantile Whitfield 23. DOT Pending Grant WRPC $ 137,000 Plan road system Urban Mass Transit before and public Calvin Banks DOT transportation. 24. It is anticipated that there will be developed an African-American Trade Center at Soul City. Planning is in preliminary stages. Some Federal support will be required. Notes: SCC - The Soul City Company WRPC - Warran Regional Planning Corporation ONCD - HUD Office of New Communities Development OMBE - Office of Minority Business Enterprise page 5 EXECUTIVE OFFICE OF THE PRESIDENT DATE: June 5, 1973 OFFICE OF management AND budget WASHINGTON, D.C. 20503 REPLY TO ATTN OF: SUBJECT: Soul City New Community Project Mr. O'Neill I attended a meeting with Brad Patterson and Gordon Carey and Lewis Cohen, two representatives from Soul City. The discussion centered around Federal assistance critical to getting the project off the ground, and the prognosis for successful completion of the project. The Federal Government has already invested $1.6 million in Soul City via a HUD planning grant, OMBE industrial promotion grant, OEO health and planning grants and a National Endowment grant. Two other Federal grants totalling $777 thousand are in the final contract stage. (OMBE, $274 K and OEO, $503 K.) For practical purposes, then, the total Federal investment today would be over $2 million. In addition, the State of North Carolina and local governments around Soul City have together invested or made firm commitments of about $5.5 million. The private sector (primarily large New York financial institutions) has also invested over $1 million in the project. In short, almost $8 million in various forms of governmental assistance has already been pumped into the project. Still Soul City needs at least $5.8 million in assistance in FY 1973 from Federal sources before the project can fly. These are needed to undertake a regional and internal water system: HUD $4,302 million New Community guarantee - (14,000) Water and sewer 3,140 PFL 500 Supplementary grants 662 EDA $1,500 million In addition, the developers are seeking approval for another $9.7 million in Federal grants over the next 3 years from a variety of Federal agencies. Finally, the availability of Federal housing subsidies is also an important condition for meeting the objectives of the project. The need for this immediate assistance, coupled with the future needs, demonstrates the thin margin on which the success of the project hinges over at least the next ten years. Reproduced at the Richard Nixon Presidential Library and Museum 2 The immediate issue is whether the past investment argues sufficiently for the commitment of an additional $15.5 million in Federal funds over the next several years and exposure on $14 million in guarantees. Although the current request is for HUD water and sewer and public facility loan assistance, the need for Federal housing subsidies over the life of the project is really the more serious issue. The developer's representatives acknowledged that plans to attract and support a pre- dominantly low and moderate-income population are dependent on the availability of Federal housing subsidies. Approval of the current request will only invite additional pressures for Federal housing sub- sidies. In view of this critical linkage with the Federal housing subsidies, we would recommend against approving the current request unless the Administration is prepared to make the decision to provide housing subsidy support. It may be that the project is worthy of special support, perhaps in the context of a research demonstration. Housing subsidies could then be provided by some special arrangement. Adele D. Jackson COPY FOR MR. BRAD PATTERSON - THE WHITE HOUSE Reproduced at the Richard Nixon Presidential Library and Museum BOARD OF DIRECTORS NORTH CAROLINA CHAPTER OF THE NATIONAL COMMITTEE FOR A TWO-PARTY SYSTEM Ron Barbee Carlton Fellers Floyd McKissick Alexander Barnes Marion Goodson Odell Payne Philosophy Delilah Blanks J.P. Green Donald Pollock The North Carolina Chapter of the National Committee for Robert Brown Tommy Harrelson Emory Rann a Two-Party System grew out of the belief that a viable two-party Robert Browning Rex Harris Asa Spaulding, Jr. system creates a healthier political climate in North Carolina to the benefit of all the people, including minorities. Harold J. Cobb John Hawkins William Stevens Larry Cobb Larnie G. Horton Marquis Street The North Carolina Chapter of the National Committee for Lawrence Crockett F. W. Jackson Charles Taylor a Two-Party System also came into being out of necessity, recog- nizing minorities had received meager benefits from a one-party Grady Davis Charles Jonas, Jr. A. J. Turner system. Harold Davis Buford Kidd Walter Twitty Helen Edmonds Kenneth Lee Mary A. Warren Whereas the Republican Party is the minority party in North Carolina and in order to build an effective two-party system it is Floretta Fagin C. C. Malone, Jr. necessary that we encourage a broader participation by minority groups to affiliate with the Republican Party to effectuate a two- party system in fact. If minorities are to exercise their franchise in the most effective OFFICERS manner in a way that really counts - they must have a true two- party choice. Minorities must be important to, and needed by, both President Larnie G. Horton Vice President Mary Warren parties. Therefore it is necessary to encourage minority registration Telephone (919) 829-5811 Telephone (919) 748-7557 and participation in the Republican Party. Vice President Don Pollock Vice President Ron Barbee The Republican Party needs us and we need the Republican Telephone (919) 527-1116 Telephone (919) 274-8463 Party. Vice President Rex Harris Vice President William Stevenson Telephone (919) 867-9217 Telephone (919) 829-5904 Eligibility Vice President Lawrence Crockett Secretary Marion Goodson All American voters of all groups who feel that the political Telephone (919 755-7484 Telephone (919) 828-0678 party of their choice is not being responsive to the needs and objectives of the masses in securing and recognizing their inherent Treasurer Floyd McKissick Parliamentarian Helen Edmonds right in a meaningful participation in a government of, by and for Telephone (919) 456-3111 Telephone (919) 682-2171 the people. DEPARTMENT OF HOUSING THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT MOURDAN DEVELOPMENT and WASHINGTON, D. C.. 20410 APR 1 01973 Mr. Leonard Garment Special Consultant to the President The White House Washington, D. C. 20050 Dear Len: In your memorandum of February 5, 1973, you request information as to the status of the Soul City New Community project and as to the next steps which should be taken by our office and the Developer to move the project along. On June 28, 1972, the Developer was made an offer of commitment for a loan guarantee of $14 million. There are a number of conditions which must be satisfied before the Developer can accept the offer. The main conditions involve the negotiation of various debt financing agreements, as well as the equity investment of a proposed new partner, the attraction of the initial job base, and obtaining the necessary utility financing, all of which the Developer has to resolve to the satisfaction of HUD. The Office of New Communities staff is working with the Developer on these matters. Progress is being made, especially in satisfying the utility financing condition. On February 14, a contract was signed between the Cities of Henderson, Oxford, and Soul City to construct a regional water system which will provide these towns, as well as other communities in the region, with abundant good water that is urgently needed. Additionally, the Economic Development Administration has agreed to take the lead in coordinating Federal assistance with HUD and has accepted an application to construct the water system. In the application, the proposed financing of the system, estimated to cost $9 million, includes a $1.5 million grant from the Economic Development Administration, a $2.64 million water and sewer grant from HUD, a $360,000 supplementary grant from HUD, $2.8 million in general obligation bonds from Henderson and Oxford, and $1.7 million in State of North Carolina Pure Water bonds. The water system will move forward when the proposed financing becomes available. Reproduced at the Richard Nixon Presidential Library and Museum - 2 EDA is committed to assisting the project. It is exploring specific methods by which its participation can be effected, but has no doubt that a satisfactory method will be developed. EDA's commitment is, of course, contingent upon the completion of a satisfactory environ- mental impact analysis. Approval of the HUD water and sewer grant is currently pending further negotiations between HUD and the Office of Management and Budget. Recently, the OMB has indicated it will postpone a decision on some categories of projects, which include the Soul City project, pending receipt of proposals from HUD as to its plans for subsidized housing in new communities. HUD will continue to pursue the completion of the Soul City project and keep you advised of our progress when we have something more definite to report. Finally, we also will need to complete with the Developer our negoti- ations of a project agreement and trust indenture and present these documents to the Board of Directors of the New Community Development Corporation for their views and final approval. Sincerely yours, James James T. Lynn L. Lynn Reproduced at the Richard Nixon Presidential Library and Museum DEPARTMENT ENT OF CONNERCE THE SECRETARY OF COMMERCE Washington, D.C. 20230 UNITED STATES OF AMERICA MAR 2 - 1973 Honorable Leonard Garment Special Consultant to the President The White House Washington, D. C. 20500 Dear Mr. Garment: This is in response to your inquiry of February 5, 1973, concerning the status of a proposed project to construct a regional water system to serve Henderson, Oxford and Soul City, North Carolina. The Director of the Economic Development Administration's Southeastern Regional Office in Atlanta has just concluded a series of meetings with the three communities involved in the regional system and the other governmental agencies participating in the financing of this project. I am also informed that the EDA portion of the financing is already in application form and is being processed expeditiously. You may be assured of the complete cooperation of the EDA staff with all local authorities concerned in this matter, in providing all possible assistance to achieve a viable project. Sincerely, Secretary of Commerce Reproduced at the Richard Nixon Presidential Library and Museum DEPARTMENT OF COMMERCE THE ASSISTANT SECRETARY OF COMMERCE Washington, D.C. 20230 UNITED STATES OF AMERICA June 13, 1973 MEMORANDUM FOR: Leonard Garment Counsel to the President SUBJECT : Soul City, North Carolina Attached, for your information, is a copy of our notification to Mr. Floyd McKissick of the designa- tion of the area which includes Soul City. This action makes the area eligible for projects funded by this agency. Similar notification letters were sent to the local officials, who have been working with Mr. McKissick on a regional water system. We are in the final stages of processing grant assistance for the water system which will serve Soul City and other area communities. The cities of Oxford and Henderson both passed bond referendums on Saturday, June 2, 1973, authorizing the local funds for these projects. We have also been in contact with the Department of Housing and Urban Development and hope that their assistance to this project can be completed before the end of the fiscal year, since our grant funds will not be obligated unless the HUD funds are committed. William Bluen. William W. Blunt, Jr. Acting Assistant Secretary for Economic Development Attachment Reproduced at the Richard Nixon Presidential Library and Museum ANNEX F: DETERMINATIONS REGARDING STATUTORY REQUIREMENTS NEW COMMUNITY PROGRAM (Urban Growth and New Community Development Act of 1970, Title VII of the Housing Act of 1970) Project: Soul City New Community Action: Offer of Commitment Determinations: On the basis of a review of the application made in support of the aforementioned project, I hereby determine with respect to such project that the proposed new community-- (1) will provide an alternative to disorderly urban growth, helping preserve or enhance desirable aspects of the natural and urban environment or so improving economic and general conditions in established communities as to help reverse migration for existing cities or rural areas; (2) will be economically feasible in terms of economic base or potential for economic growth; (3) will contribute to the welfare of the entire area which will be substantially affected by the program and of which the land to be developed is a part; (4) is consistent with comprehensive planning, physical and social determined by the Secretary to provide an adequate basis for evaluating the new community development program in relation to other plans (including State, local and private plans) and activities involving area population, housing and development trends, and transportation, water, sewerage, open space, recreation, and other relevant facilities; (5) has received all governmental reviews and approvals required by State or local law, or by the Secretary; (6) will contribute to good living conditions in the community and that such community will be characterized by well balanced and diversified land use patterns and will include or be served by adequate public, community, and commercial facilities (including facilities needed for education, health and social services, recreation, and transportation) deemed satisfactory by the Secretary; Reproduced at the Richard Nixon Presidential Library and Museum (7) makes substantial provision for housing within the means of persons of low and moderate income and that such housing will constitute an appropriate proportion of the community's housing supply; and (8) will make significant use of advances in design and technology with respect to land utilization, materials and methods of construction, and the provision of community facilities and services. Community Development Corporation By Samuel C. Jackson General Manager Reproduced at the Richard Nixon Presidential Library and Museum THE WHITE HOUSE WASHINGTON June 15, 1973 MEMORANDUM FOR FLOYD HYDE SUBJECT: Soul City The attached draft memorandum is the matter which I wish to discuss with you next Tuesday at 4:30. In preparing it, I have consulted Paul O'Neill and Ted Lamont and their staffs and Dana Mead: Bill Hamm may be joining me Monday plus whoever you would wish from HUD. My purpose as I explained to Jim Lynn is to get your and his own views into this memorandum and then send it forward to Mr. Laird promptly. Bradley Back H. Patterson, Jr. CC: Paul O'Neill Dana Mead attachment Reproduced at the Richard Nixon Presidential Library and Museum DRAFT MEMORANDUM FOR MEL LAIRD SUBJECT: Soul City Soul City is a prospective New Community in North Carolina, the first (and only) free-standing new community among the fifteen which HUD is now assisting pursuant to the Urban Growth and New Community Development Act of 1970. It is 5, 200 acres, will represent a land acquisition and development investment alone of $76,000,000 and will eventually have 13, 000 residences and a population of almost 45, 000. It would be located just south of the Virginia border, within an hour's commuting time of Raleigh, Durham, Wake Forest and Rocky Mount. The developer of Soul City is Floyd McKissick, one of the nation's best known black leaders. Last June, the Board of Directors of the New Community Development Corporation approved a conditional offer of commitment to Soul City of $14,000,000 in guarantees. McKissick then sent in applications for water and sewer grants to both HUD and EDA and the processing of these applications began. During 1972, Bob Brown of the White House gave McKissick general assurances that we supported his enterprise. Last January, we announced that HUD would approve no more applications for water and sewer grants (no matter how far along they were) and we also announced that HUD was suspending its subsidy program for low and Reproduced at the Richard Nixon Presidential Library and Museum -2- moderate income housing. Both of these actions affected the plans for Soul City, and McKissick came to see me in February, asking me the question: were we going to go ahead with our support of Soul City? Brad Patterson and I have been in touch with OMB, EDA, HUD and McKissick and especially have requested that McKissick list on one chart all his present and proposed federal subsidies. This chart appears as Attachment A. As of now, Soul City is empty land, with a few old houses and barns. But extensive plans (and commitments) have been made. Four agencies of the Federal Government have already invested $1. 628 million in Soul City planning (Attachment A, items 2, 6, 10, 11 and 22) and have now committed $.7 million more (items 7 and 13) so our federal investment is $2. 3 million at present. The developers of Soul City have requests either pending or envisaged for (a) at least $15. 8 million in additional federal grants, (b) $.5 in additional loans, (c) $14. 0 in guarantees and (d) a large, but unknown amount for housing subsidy payments (see below). Thus, at least $16.370 millions in added federal subsidization would be needed with the further risk of $14 millions in guarantee exposure. (This is not unusual for the "new communities"; typically they have comprehensive shopping lists for federal assistance.) Of Soul City's total requirements, however, close to $5. 892, almost all of it water and sewer grants from HUD and EDA, is FY 1973 money, requiring decision before the end of this month. Reproduced at the Richard Nixon Presidential Library and Museum -3- The policy question is: should the U.S. Government go ahead, this month and in the months to come, committing more than $16 million on top of the $2. 3 million we have already invested to help new community Soul City get built, and committing the guarantee? One difficulty in answering this question as it applies to Soul City (See item #4 in Attachment A) is that not only Soul City but every other one of the 15 New Communities is in effect required by Section 712 of the New Community Development Act to include "an appropriate portion¹¹ of low and moderate income housing. In Soul City, the total is expected to reach at least 3, 700 units over 25 years - - 200 in the next 3 years. The Administration's suspension of new commitments under its erstwhile subsidy programs for low and moderate income housing will stay in effect pending a comprehensive study now in progress with HUD but not due for presentation to the President until September. On March 20, 1973 in Congressional testimony, Secretary Lynn stated that "instructions will be issued shortly to honor the bona fide commitments as promised by Secretary Romney. The areas in which these commitments fall include: New Communities 11 Secretary Lynn thus has authority to meet immediate needs for subsidized low and moderate income housing in Soul City (depending on how he sets his internal priorities but in Soul City for FY 1974 this need amounts to only five units. Reproduced at the Richard Nixon Presidential Library and Museum -4- The Secretary obviously cannot make any longer-range commitment for assistance to low and moderate income housing -- in Soul City or anywhere else -- until he and the President have reviewed the September study, have decided on what direction to take and until the Congress has approved it. If it should eventually be decided that there will be no further such subsidy program, Soul City and the other New Communities will be very different places from what was originally conceived - - they will not have the balance in types of housing which the New Com- munity Development Act intended. In Soul City's case such a lack may be very harmful. (Attachment B is an OMB memorandum on this subject). But at least the next increment of our commitment to Soul City (the $5. 892 million) must be decided on before this June 30; we cannot wait until next September to make this decision. Before making a recommendation, here is an analysis of what might be called the assets and risks: Soul City's Assets 1. A Presidential policy favoring (a) minority enterprise development and (b) concrete results instead of rhetoric about it. 2. A committed and capable developer, (and a political friend -- see attachment C) who wants to make this project one of the best of the President's concrete accomplishments. Reproduced at the Richard Nixon Presidential Library and Museum -5- 3. The State (and the Governor) of North Carolina, which has already committed $125, 000 in a planning grant, $75, 000 in road work, and $1. 3 million for the required 3- county regional water system, and which will commit another $.4 next year. Governor Holzhauser (and I have reconfirmed this just now) is a strong proponent of Soul City. 4. The neighboring cities of Henderson and Oxford, N. C. which just June 2 approved referenda committing themselves to put up $2. 8 million of bonds for that regional water system. 5. The four Federal Agencies (HUD, OEO, Commerce and the National Endowment on the Arts) which have put up the $2.3 up to now. Secretaries Lynn's and Dent's memoranda and the very recent one of Acting Assistant Secretary Blunt are attached (Attachment D). 6. HUD's conviction, as expressed by Ted Lamont, Director of its Office of New Communities Development, that Soul City will become an important growth center in the northern North Carolina area and will significantly help to stem the out-migration from this area which up to now has been one of the highest in the State. 7. Private lenders and investors who have made the following com- mitments to Soul City: a) $1. 5 million in equity from McKissick Enterprises, the National Corporation for Housing Partnerships and the black architectural firm Madison-Madison International. Reproduced at the Richard Nixon Presidential Library and Museum b) $1. 5 million in a combination of secured and unsecured loans from Chase Manhattan, North Carolina National Bank, the National Corporation for Housing Partnerships, the Mechanics and Farmers Bank of Charlotte and a dozen miscellaneous lenders. c) $1.15 million in mortgage promises from various sources. 8. Soul City's economic geography, which has I-85 and the Seaboard Railway abutting it. 9. The Board of Directors of the New Community Development Corporation which on June 28, 1972 after the most careful analysis and consideration approved making a conditional offer of commitment to Soul City (the $14,000,000 guarantee), having officially confirmed the eight determinations, (pursuant to statute) set forth in Attachment E, and made the finding that the Soul City enterprise is "an acceptable financial risk to the United States". 10. McKissick's promise (which HUD insists upon as a condition of the guarantee) to install a competent General Manager for the whole Soul City enterprise. Soul City's Risks 1. Soul City is located in a low-income area which may not be as attractive to prospective homeowners/businesses as alternative opportunities. Reproduced at the Richard Nixon Presidential Library and Museum -7- (This is why assistance for the "incubation" of industries, for manpower training grants, and for low-income housing are necessary). 2. A principal "unknown" is whether, once he has his land watered and sewered and otherwise developed, McKissick will really be able to sell parcels of it to residential and commercial customers. 3. HUD officials and the New Community Development Corporation Board recognize that a new, free-standing community is a more chancey enterprise than the other 14 new communities being assisted by HUD, in that the other 14 are located in or very near suburbs or other existing growth areas. (One HUD officer has informally characterized the Soul City enterprise as "a poverty case marginal at best" Paul O'Neill in OMB considers this description as accurate: Mr. Ted Lamont, Director of HUD's Office of New Communities Development disputes it). 4. The project appears to be dependent upon suppor from HUD water and sewer grant and loan programs which have already been terminated. Should these programs be opened up for Soul City, the Administration will be subject to pressure to make further exceptions in special cases. If we should make such further exceptions, this could jeopardize our budgetary strategy. 5. There is a real possibility that if Federal housing production subsidies are unavailable for the long term, this lack will undermine the entire Soul City project. Reproduced at the Richard Nixon Presidential Library and Museum -8- - Conclusion In reviewing all of the points here, balancing the assets and risks, I am impressed above all with firm and specific commitments which have so far been made by so many different individuals and institutions: the State of North Carolina, the towns of Henderson and Oxford, the many government professionals who have evaluated the promise of this enter- prise, the private banks, organizations and individuals who have put not only their faith but their money on the line, convinced of Soul City's eventual success. In my four years here, I have seen few projects in the minority development field which have put together as much as this one has. Recommendations 1. We should give Soul City the green light and inform the interested agencies that we have done so. For FY 1973 this means specifically a green light for the water and sewer grants. In the field of housing policy in the short term, this means that Secretary Lynn will have our support in regarding Soul City's immediate requests for subsidized low and moderate income housing as among the "bona fide commitments" which he can and will handle under his existing authority and funds. In the long term, this means that McKissick and all the other New Community along with his developers will have to continue to take their chances as to whether federal government will have an on-going subsidy program for low and moderate income housing. Reproduced at the Richard Nixon Presidential Library and Museum -9- 2. We should ask HUD to designate an implementation monitorship officer to work with the various federal agencies to ensure the coordinated handling of the applications from Soul City (and from the other New Communities); we should notify the other agencies of our support of this designation. Leonard Garment attachment Reproduced at the Richard Nixon Presidential Library and Museum THE WHITE HOUSE WASHINGTON June 15, 1973 MEMORANDUM FOR FLOYD HYDE SUBJECT: Soul City The attached draft memorandum is the matter which I wish to discuss with you next Tuesday at 4:30. In preparing it, I have consulted Paul O'Neill and Ted Lamont and their staffs and Dana Mead: Bill Hamm may be joining me Monday plus whoever you would wish from HUD. My purpose as I explained to Jim Lynn is to get your and his own views into this memorandum and then send it forward to Mr. Laird promptly. Bradley Brad H. Patterson, Jr. CC: Paul O'Neill Dana Mead attachment Reproduced at the Richard Nixon Presidential Library and Museum DRAFT MEMORANDUM FOR MEL LAIRD SUBJECT: Soul City Soul City is a prospective New Community in North Carolina, the first (and only) free-standing new community among the fifteen which HUD is now assisting pursuant to the Urban Growth and New Community Development Act of 1970. It is 5, 200 acres, will represent a land acquisition and development investment alone of $76,000,000 and will eventually have 13, 000 residences and a population of almost 45, 000. It would be located just south of the Virginia border, within an hour's commuting time of Raleigh, Durham, Wake Forest and Rocky Mount. The developer of Soul City is Floyd McKissick, one of the nation's best known black leaders. Last June, the Board of Directors of the New Community Development Corporation approved a conditional offer of commitment to Soul City of $14,000,000 in guarantees. McKissick then sent in applications for water and sewer grants to both HUD and EDA and the processing of these applications began. During 1972, Bob Brown of the White House gave McKissick general assurances that we supported his enterprise. Last January, we announced that HUD would approve no more applications for water and sewer grants (no matter how far along they were) and we also announced that HUD was suspending its subsidy program for low and Reproduced at the Richard Nixon Presidential Library and Museum -2- moderate income housing. Both of these actions affected the plans for Soul City, and McKissick came to see me in February, asking me the question: were we going to go ahead with our support of Soul City? Brad Patterson and I have been in touch with OMB, EDA, HUD and McKissick and especially have requested that McKissick list on one chart all his present and proposed federal subsidies. This chart appears as Attachment A. As of now, Soul City is empty land, with a few old houses and barns. But extensive plans (and commitments) have been made. Four agencies of the Federal Government have already invested $1. 628 million in Soul City planning (Attachment A, items 2, 6, 10, 11 and 22) and have now committed $.7 million more (items 7 and 13) so our federal investment is $2. 3 million at present. The developers of Soul City have requests either pending or envisaged for (a) at least $15. 8 million in additional federal grants, (b) $.5 in additional loans, (c) $14. 0 in guarantees and (d) a large, but unknown amount for housing subsidy payments (see below). Thus, at least then HUD $16. 370 millions in added federal subsidization would be needed with the further risk of $14 millions in guarantee exposure. (This is not unusual for the "new communities"; typically they have comprehensive shopping lists for federal assistance.) Of Soul City's total requirements, however 4 million has been requested under HUD's) and loan programs which terminated were close to $5.892, almost all of it water and sewer grants from HUD and on fanuary 5, (final) 1973 an exception is EDA, is FY 1973 money, requiring decision before the end of this month. to be made (a preliming connitional for the water and such groul was made within HUD a year ago this wouth.) & R she sam must be made Reproduced at the Richard Nixon Presidential Library and Museum -3- The policy question is: should the U.S. Government go ahead, this month and in the months to come, finally committing more than $16 million on top of the $2. 3 million we have already invested to help new community Soul City get built, and committing the guarantee? One difficulty in answering this question as it applies to Soul City (See item #4 in Attachment A) is that not only Soul City but every other one of the 15 New Communities is in effect required by Section 712 of the New Community Development Act to include "an appropriate portion" of low and moderate income housing. In Soul City, the total is expected to reach at least 3, 700 units over 25 years -- 200 in the next 3 years. The Administration's suspension of new commitments under its erstwhile subsidy programs for low and moderate income housing will stay in effect pending a comprehensive study now in progress with HUD but not due for presentation to the President until September. On March 20, 1973 in Congressional testimony, Secretary Lynn stated that "instructions will be issued shortly to honor the bona fide commitments as promised by Secretary Romney. The areas in which these commitments fall include: New Communities " FY 1974 Secretary Lynn thus has authority to meet immediate needs for subsidized low and moderate income housing in Soul City (depending on how he sets his internal priorities but Soul City> FY 1974 this Subsidezed need housing is) amounts to only five units. Reproduced at the Richard Nixon Presidential Library and Museum -4- The Secretary obviously cannot make any longer-range commitment for assistance to low and moderate income housing in Soul City or anywhere else -- until he and the President have reviewed the September study, have decided on what direction to take and until the Congress has approved it. If it should eventually be decided that there will be no further such subsidy program, Soul City and the other New Communities will be very different places from what was originally conceived they will not have the balance in types of housing which the New Com- munity Development Act intended. In Soul City's case such a lack may be very harmful. (Attachment B is an OMB memorandum on this subject). But at least the next increment of our commitment to Soul City (the $5.892 million) must be decided on before this June 30; we cannot wait until next September to make this decision. Before making a recommendation, here is an analysis of what might be called the assets and risks: Soul City's Assets 1. A Presidential policy favoring (a) minority enterprise development and (b) concrete results instead of rhetoric about it. very 2. Ancommitted developer, (and a political friend see attachment C) who wants to make this project one of the best of the President's concrete accomplishments. Back Floyd Hyde believes Kerrick is going a stay with this project for a long time. Reproduced at the Richard Nixon Presidential Library and Museum -5- 3. The State (and the Governor) of North Carolina, which has already committed $125, 000 in a planning grant, $75, 000 in road work, and $1. 3 million for the required 3- county regional water system, and which will commit another $.4 next year. Governor Holzhauser (and I have reconfirmed this just now) is a strong proponent of Soul City. 4. The neighboring cities of Henderson and Oxford, N. C. which just June 2 approved referenda committing themselves to put up $2. 8 million of bonds for that regional water system. 5. The four Federal Agencies (HUD, OEO, Commerce and the National Endowment on the Arts) which have put up the $2.3 up to now. Secretaries Lynn's and Dent's memoranda and the very recent one of Acting Assistant Secretary Blunt are attached (Attachment D). 6. HUD's conviction, as expressed by Ted Lamont, Director of its Office of New Communities Development, that Soul City will become an important growth center in the northern North Carolina area and will significantly help to stem the out-migration from this area which up to now has been one of the highest in the State. 7. Private lénders and investors who have made the following com- mitments to Soul City: a) $1. 5 million in equity from McKissick Enterprises, the National Corporation for Housing Partnerships and the black architectural firm Madison-Madison International. Reproduced at the Richard Nixon Presidential Library and Museum - b) $1. 5 million in a combination of secured and unsecured loans from Chase Manhattan, North Carolina National Bank, the National Corporation for Housing Partnerships, the Mechanics and Farmers Bank of Charlotte and a dozen miscellaneous lenders. c) $1. 15 million in mortgage promises from various sources. 8. Soul City's economic geography, which has I-85 and the Seaboard Railway abutting it. 9. The Board of Directors of the New Community Development Corporation which on June 28, 1972 after the most careful analysis and consideration approved making a conditional offer of commitment to Soul City (the $14, 000, 000 guarantee), having officially confirmed the eight determinations, (pursuant to statute) set forth in Attachment E, and made the finding that the Soul City enterprise is "an acceptable financial risk to the United States". 10. McKissick's promise (which HUD insists upon as a condition of the guarantee) to install a competent General Manager for the whole Soul City enterprise. Soul City's Risks 1. Soul City is located in a low-income area which may not be as attractive to prospective homeowners/businesses as alternative opportunities. Reproduced at the Richard Nixon Presidential Library and Museum -7- (This is why assistance for the "incubation" of industries, for manpower training grants, and for low-income housing are necessary). 2. A principal "unknown" is whether, once he has his land watered and sewered and otherwise developed, McKissick will really be able to while pasitive making funduis there sell parcels of it to residential and commercial customers did & with their fingers crassed, recognizing Board recognize) that a new, free-standing community much is amore chancey 3. HUD officials and the New Community Development Corporation Revin Under Secretary Hyde and other members of the Board of the) enterprise than the other 14 new communities being assisted by HUD, in that the other 14 are located in or very near suburbs or other existing growth areas. (One HUD officer has informally characterized the Soul Floyd Hyde still City enterprise as Na poverty case. "marginal" at best" Paul O'Neill (courairs with of OMB considers this description as-accurate Mr. Ted Lamont, Director of HUD Office of New Communities Development disputes it) IS right now) the 4. The project appears to be dependent upon suppor from HUD water TIVS ERT C-hub the officially there programs and sewer grant and loan programs which have already been terminated. 4 Should these this programs be opened up for Soul City, the Administration will be subject to pressure to make further exceptions in special cases. If we should make such further exceptions, this could jeopardize our budgetary strategy. - CONTINUE WITH INSERT 5. There is a real possibility that if Federal housing production subsidies are unavailable for the long term, this lack will undermine the entire and Soul City as project. requiring aquipical amounts of grant assistance in order to succeed. Reproduced at the Richard Nixon Presidential Library and Museum -8- PRESERVATION COPY Conclusion In reviewing all of the points here, balancing the assets and risks, the I am impressed above all with A firm and specific commitments which have so far been made by so many different individuals and institutions: the State of North Carolina, the towns of Henderson and Oxford, the many government professionals who have evaluated the promise of this enter- prise, the private banks, organizations and individuals who have put not only their faith but their money on the line, convinced that OF Soul City is an interprese with promise.) sussess. In my four years here, I have seen few projects in the minority development field which have put together as much as this one has. Under Secretary Hyde and I share an additional conviction: the whole New Communities program is and was expected to be an experimental venture, with inherent risks. We should not now argue that because (is "marginal' one of these new communities has it should be scrubbed. Unless we go ahead with this, how are (entirely we ever going to find out whether a new town, beginning from scratch in avrural area, can be made to succeed? If we now say "no" to McKissick, we will stand accused not only (specific) of reneging on commitments to him, but of reneging on the President's commitment to the whole minority enterprise concept. However unfair or inaccurate those accusations may be in a narrow sense, in the broader context they will be: persuasive to the public and damaging to all of us on the domestic side of the Administration. Reproduced at the Richard Nixon Presidential Library and Museum THE WHITE HOUSE WASHINGTON June 15, 1973 MEMORANDUM FOR FLOYD HYDE SUBJECT: Soul City The attached draft memorandum is the matter which I wish to discuss with you next Tuesday at 4:30. In preparing it, I have consulted Paul O'Neill and Ted Lamont and their staffs and Dana Mead: Bill Hamm may be joining me Monday plus whoever you would wish from HUD. My purpose as I explained to Jim Lynn is to get your and his own views into this memorandum and then send it forward to Mr. Laird promptly. Bradley Brad H. Patterson, Jr. CC: Paul O'Neill Dana Mead attachment Reproduced at the Richard Nixon Presidential Library and Museum DEPARTMENT OF COMMERCE THE ASSISTANT SECRETARY OF COMMERCE UNITED STATES OF AMERICA Washington, D.C. 20230 JUN 1 0 1973 MEMORANDUM FOR: Leonard Garment Counsel to the President SUBJECT : Soul City, North Carolina Attached, for your information, is a copy of our notification to Mr. Floyd McKissick of the designa- tion of the area which includes Soul City. This action makes the area eligible for projects funded by this agency. Similar notification letters were sent to the local officials, who have been working with Mr. McKissick on a regional water system. We are in the final stages of processing grant assistance for the water system which will serve Soul City and other area communities. The cities of Oxford and Henderson both passed bond referendums on Saturday, June 2, 1973, authorizing the local funds for these projects. We have also been in contact with the Department of Housing and Urban Development and hope that their assistance to this project can be completed before the end of the fiscal year, since our grant funds will not be obligated unless the HUD funds are committed. (Signed) William W. Blunt, Jr. William W. Blunt, Jr. Acting Assistant Secretary for Economic Development Attachment Reproduced at the Richard Nixon Presidential Library and Museum EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND budget DATE: June 12, 1973 WASHINGTON, D.C. 20503 REPLY TO ATTN OF: SUBJECT: Soul City Mr. O'Neill A couple of points should be brought to Brad Patterson's attention about the subsidized housing problem. 1. The President's budget only authorizes the use of commitment authority for immediate needs (FY 1973 and 1974). Though commitment authority could be made available beyond 1974 through administrative action, its availability will depend upon the outcome of the housing study. Needless to say, this may mean an end to the production type subsidy programs. 2. Soul City does not now have an application on file at HUD for any subsidized housing projects. While covered by our current agreement with HUD, the soliciting of new applica- tions would go counter to the general public's impression that HUD activity during the suspension is limited to applications submitted to HUD as of January 5. Rdele D. Jockson Jackson Attachment Reproduced at the Richard Nixon Presidential Library and Museum June 12, 1973 Soul City Mr. O'Neill A couple of points should be brought to Brad Patterson's attention about the subsidized housing problem. 1. The President's budget only authorizes the use of commitment authority for immediate needs (FY 1973 and 1974). Though commitment authority could be made available beyond 1974 through administrative action, its availability will depend upon the outcome of the housing study. Needless to say, this may mean an end to the production type subsidy programs. 2. Soul City does not now have an application on file at HUD for any subsidized housing projects. While covered by our current agreement with HUD, the soliciting of new applica- tions would go counter to the general public's impression that HUD activity during the suspension is limited to applications submitted to HUD as of January 5. Adele D. Jackson Attachment Reproduced at the Richard Nixon Presidential Library and Museum OFFICE OF MANAGEMENT AND BUDGET ROUTE SLIP Hamm Take necessary action Mr. Hamm TO Approval or signature Mr. Derman MAY Comment Mr. O'Neill Prepare reply Discuss with me For your information See remarks below Adele D. Jackson aog 6-12-73 FROM DATE REMARKS Paul- see our mark-up of the X Harment memo, attached. We are presently trying to track down a new option in this area: Having EDA (with its new lease on life) provide all of the water and sewer money for Soul City. This way, we avoid opening up HUD's program. This, of course, want solve our housing problem, OMB FORM Humm REV AUG 1 Reproduced at the Richard Nixon Presidential Library and Museum BP THE WHITE HOUSE WASHINGTON June 8 LG: This has taken several weeks of work, conferences, phone calls, exchanges of drafts, etc. I have today given copies of this completed draft to Paul O'Neill, Stan Scott and Dana Mead, inviting their comments before I send it to you for final OK. So this version is somewhat tentative, but almost in final form. Bad Brod OK more areat mar this. L. 6/9 Reproduced at the Richard Nixon Presidential Library and Museum FEDERAL SUPPORT FOR SOUL CITY AND STATE PLANNING REGION K AGENCY PROGRAM NUMBER CONTACT PERSON STATUS FORM OF SUPPORT RECIPIENT AMOUNT PURPOSE/REMARKS * 1. HUD Offer of Debenture $14,000,000 This is the basic New Communities commitment guarantees SCC HUD guarantee Laura Kuitunen made June 28, under Title VII 1972 of the HUD Act of 1970 to support a new community. 2. HUD Funded; Grant State of $ 128,000 Physical planning 701 Planning expires North for region and Malachi Knowles 6/30/73 Carolina; new community. subcontracted to WRPC * 3. HUD OMB approval a.Basic water Soul City a. $ 500,000 Interim water and Water and Sewer requested by and sewer Sanitary sewer systems for Donald Patch HUD and grant District Soul City. SCC is pending b. ONCD supple- b. $ 302,000 contributing an mental grant additional C. Public facil- C. $ 500,000 $514,000. ities loan * 4. HUD To be applied Various Dollar amount SCC will be re- Low and for Housing subsidies; housing unknown; see quired by HUD to Moderate rent supplements; developers remarks provide 116-174 Income Housing public housing units of subsidi- Programs zed housing between (unknown) 1974 and 1978. *Indicates Federal activities of primary importance. Reproduced at the Richard Nixon Presidential Library and Museum AGENCY PROGRAM NUMBER CONTACT PERSON STATUS FORM OF SUPPORT RECIPIENT AMOUNT PURPOSE/REMARKS * 5. Commerce/HUD OMB approval a. EDA grant City of a.$1,500,000 This is part of EDA requested b. HUD basic water Henderson, b.$2,640,000 $9,000,000 program George Karras grant. North for new regional c.ONCD supple- Carolina c.$ 360,000 water system serv- mental grant. ing three counties. Remain- ing funds ($4,500,000) being contributed by state and local sources. 6. Commerce Funded; Federal WRPC $ 257,500 Industrial OMBE expires contract Promotion Harold McClendon 6/30/73 * 7. do Pending Federal WRPC $ 274,000 Technical assis- before contract tance to SCC. This OMBE is an amendment to item 6 to pro- vide additional funding through August 31,1973. *8. do Under Federal negotiation contract WRPC $ 760,000 Minority business development (re- quest is for $760,000 for fiscal 1974; additional re- quests for $500,00 in fiscal 1975 and $250,000 in fiscal 1976 are antici- pated.) page 2 Reproduced at the Richard Nixon Presidential Library and Museum AGENCY PROGRAM NUMBER CONTACT PERSON STATUS FORM OF SUPPORT RECIPIENT AMOUNT PURPOSE/REMARKS * 9. EPA Application Grant Soul City $ 3,000,000 Permanent Sewage Waste Water tentatively Sanitary Treatment Facil- Treatment submitted; District ities. An addi- (State of North formal appli- tional $1,000,000 Carolina) cation in to be supplied by process State and Local sources. 10. OEO Funded Grant Soul City $ 90,000 Planning to in- Special Programs Foundation sure participation Michael Thompson of the poor in Sou City. 11. OEO Funded; Grant HealthCo. $ 1,140,117 Comprehensive Office of Health expires Health Services Affairs 12/31/73 for Warren and William White Vance Counties (including medical personnel and health facilities). *12. do To be Grant HealthCo. $1,500,000 ('74) Extension of No. 11 applied for $1,000,000 ('75) to calendar 1974 and 1975. *13. OEO Pending Grant Soul City $ 502,875 Planning, con- Community Action before Foundation struction and Program OEO development of Michael Thompson industrial incubator plant. page 3 Reproduced at the Richard Nixon Presidential Library and Museum AGENCY PROGRAM NUMBER CONTACT PERSON STATUS FORM OF SUPPORT RECIPIENT AMOUNT PURPOSE/REMARKS 14. OEO Pending Grant Soul City $ 90,000 Legal Services for Legal Services before Foundation the poor of Warren Mr. Hurwitz OEO and Vance Counties 15. HEW Pending Grant Soul City $ 98,220 Provide Remedial Office of before Foundation Education to Education HEW Warren County High John Lovegrove School Students. * 16. HEW To be Grant Soul City $ 200,000 Planning expansion National applied for Foundation for fiscal and improvement Institute of 1974;$200,000 of Warren County Education for fiscal public schools. 1975. (unknown) 17. HEW To be Grant Soul City (unknown) applied for Foundation $ 250,000 Planning and (unknown) demonstration of child care and day care program and facilities. 18. HEW To be Grant Soul City $ 500,000 Construction and Office of applied for Foundation development of Education or Region K regional public (unknown) library to serve five counties. * 19. Department of To be Grant Soul City $ 683,000 Planning and Labor applied for Foundation demonstration pro- Manpower Training ject to develop (unknown) regional con- struction trades training program. page 4 Reproduced at the Richard Nixon Presidential Library and Museum AGENCY PERSON NUMBER CONTACT PERSON STATUS FORM OF SUPPORT RECIPIENT AMOUNT PURPOSE/REMARKS 20. Department of To be Grant Soul City $ 400,000 Planning and Justice applied for Foundation; Development of LEAA Soul City public safety pro- (unknown) Sanitary gram and purchase District of equipment. 21. Department of To be Grant Warren $1,000,000 Preservation Interior applied for County and restoration Historic of historic sites Preservation and development (unknown) of recreational areas. 22. National Funded Grant Soul City $ 12,500 Planning Endowment for Foundation Cultural Develop- the Arts ment. Expansion Arts Division Vantile Whitfield 23. DOT Pending Grant WRPC $ 137,000 Plan road system Urban Mass Transit before and public Calvin Banks DOT transportation. 24. It is anticipated that there will be developed an African-American Trade Center at Soul City. Planning is in preliminary stages. Some Federal support will be required. Notes: SCC - The Soul City Company WRPC - Warran Regional Planning Corporation ONCD - HUD Office of New Communities Development OMBE - Office of Minority Business Enterprise page 5 Reproduced at the Richard Nixon Presidential Library and Museum Finally, to place the Federal support described below in context, it is important to note that it is only a fraction of the overall cost of developing Soul City. Private, State and local sources have already made substantial commitments, and in later years their contri- butions can be expected to predominate. Approximately $1,500,000 has been provided to date by banks and other lenders, and an additional approximately $1,500,000 will be contributed by the partners in The Soul City Company as equity capital when the debentures are issued. The State of North Carolina has already spent or committed nearly $2,000,000, and neighboring local governments have committed $2,800,000. The essential Federal role is to provide the seed money, leverage and long-term security essential to enable others to undertake a project of this magnitude. - 2 - Reproduced at the Richard Nixon Presidential Library and Museum adele Jackson DRAFT 6/5/73 FEDERAL ASSISTANCE TO SOUL CITY, NORTH CAROLINA, AND ITS REGION The following table summarizes the various forms of Federal assistance now being provided, and formally requested, and expected to be required by Soul City and its Region. Soul City will be the first free-standing new town to be developed under Title VII of the Housing and Urban Development Act of 1970. It will require a unique combination of private, Federal, State and local action over the thirty year span of the Development Plan. In that time, problems that now seem large will disappear, and problems now invisible will present themselves. The table below is therefore only an outline on the basis of information now available. There is one other essential preliminary point. The Federal support listed below is quite varied not only in form and budgetary impact but also in its recipients and bene- ficiaries. Some of the Federal actions will benefit The Soul City Company, the Developer of Soul City, in accordance with statutory policies of assisting both new town development and minority business enterprise. Other Federal actions will be directed toward the entire Region, including its existing communities as well as Soul City. Still other actions will be aimed directly at the new residents of Soul City, persons who are not now identified. Reproduced at the Richard Nixon Presidential Library and Museum June 5, 1973 Soul City New Community Project Mr. O'Neill I attended a meeting with Brad Patterson and Gordon Carey and Lewis Cohen, two representatives from Soul City. The discussion centered around Federal assistance critical to getting the project off the ground, and the prognosis for successful completion of the project. The Federal Government has already invested $1.6 million in Soul City via a HUD planning grant, OMBE industrial promotion grant, OEO health and planning grants and a National Endowment grant. Two other Federal grants totalling $777 thousand are in the final contract stage. (OMBE, $274 K and OEO, $503 K.) For practical purposes, then, the total Federal investment today would be over $2 million. In addition, the State of North Carolina and local governments around Soul City have together invested or made firm commitments of about $5.5 million. The private sector (primarily large New York financial institutions) has also invested over $1 million in the project. In short, almost $8 million in various forms of governmental assistance has already been pumped into the project. Still Soul City needs at least $5.8 million in assistance in FY 1973 from Federal sources before the project can fly. These are needed to undertake a, regional and internal water system: (000) HUD $4,302 1 New Community guarantee - (14,000) Water and sewer 3,140 PFL 500 Supplementary grants 662 EDA $1,500 In addition, the developers are seeking approval for another $9.7 million in Federal grants over the next 3 years from a variety of Federal agencies. Finally, the availability of Federal housing subsidies is also an important condition for meeting the objectives of the project. The need for this immediate assistance, coupled with the future needs, demonstrates the thin margin on which the success of the project hinges over at least the next ten years. Reproduced at the Richard Nixon Presidential Library and Museum 2 The immediate issue is whether the past investment argues sufficiently for the commitment of an additional $15.5 million in Federal funds over the next several years and exposure on $14 million in guarantees. Although the current request is for HUD water and sewer and public facility loan assistance, the need for Federal housing subsidies over the life of the project is really the more serious issue. The developer's representatives acknowledged that plans to attract and support a pre- dominantly low and moderate-income population are dependent on the availability of Federal housing subsidies. Approval of the current request will only invite additional pressures for Federal housing sub- sidies. In view of this critical linkage with the Federal housing subsidies, we would recommend against approving the current request unless the Administration is prepared to make the decision to provide housing subsidy support. It may be that the project is worthy of special support, perhaps in the context of a research demonstration. Housing subsidies could then be provided by some special arrangement. Adele D. Jackson Reproduced at the Richard Nixon Presidential Library and Museum The North Carolina Chapter of The National Committee for a Two=Party System in Cooperation with The Republican Party of North Carolina and the Minority Republican Caucus invite you to attend a dinner to be held in the Ballroom of the Hilton Inn Hillsborough Street, Raleigh, North Carolina Friday evening, May 25, 1973 at eight o'clock Cocktails will be served promptly at seven p. m. Subscription: $100.00 (EACH Subscriber IS ENTITLED TO BRING ONE GUEST) R.S.V.P. DRESS FORMAL BY MAY 15 RESERVED SEATING Reproduced at the Richard Nixon Presidential Library and Museum THE WHITE House WASHINGTON May 25 Paul - Len has just gone down to Key Biscayne with the President; I would like your opinion as to whether this is an OK draft tokput before KZZZ LG for signature to Ken. Pls. return file. Tab A will be Adele's memo. Reproduced at the Richard Nixon Presidential Library and Museum Brad MAY 24 1973 Mr. Floyd B. McKissick President, Floyd McKissick Enterprises, Inc. P. O. Box 188 Soul City, North Carolina 27553 Dear Mr. McKissick: U The Northern North Carolina Rural Special Impact Area in Vance, Warren and Granville counties is designated by the L enclosed official order as a redevelopment area under Section 401 (a) (6) of the Public Works and Economic Development Act of 1965, as amended. Public Works and other projects within the designated area are now eligible for financial assistance as provided by the Act. As you know, the programs of EDA will be terminated on June 30, 1973. The President's proposed Fiscal Year 1974 budget provides for other agencies and programs to serve some of EDA's objectives. These include the rural development programs of the Department of Agriculture. We are presently processing the application for financial assistance with existing funds for the regional water system for the area which is now designated. We expect to be able to notify you about the disposition of the application in the next few weeks. We wish you success in carrying out your programs to improve employment and economic conditions in your area. If you have any questions, our Southeastern Regional Office, Suite 555, 1401 Peachtree Street, NE, Atlanta, Georgia, 30309 (Phone 404-526-6407) will be glad to assist you. (Signed) Sincerely, William W. Blunt, Jr. William W. Blunt, Jr. Acting Assistant Secretary for Economic Development Enclosure Reproduced at the Richard Nixon Presidential Library and Museum $ 90, 000 rec'd - - OEO Dave Jones +50,000 nike Heouper + Raider Teage DoT - - Column Banks just peoparal to DOT r rN.C. Wainer Req Planny agency matchines NC $ 150,000 OFG Reangover Trainer will - for people course city ava Trade traven. for m builders $ 5-011- form FY'73 Reproduced at the Richard Nixon Presidential Library and Museum OMBE 275,000 HEW Tith I of ESEA Improve of duestion $200,000 EDA atlasta office Reproduced at the Richard Nixon Presidential Library and Museum EDA Regional Sigher 1.7 NC 1.5 EDA 3.0 HUD Henduron 2 ᵗʰ foud Sot sat Qfoed 8-9 9,5 Internal HUD .5 EPA2.5 3,0 Reproduced at the Richard Nixon Presidential Library and Museum EPA Sautery District Created Fri Henderson Boud election sat 6/2 Saul lity Samtay Distruct Jones HUD Regional September to Water a declabor Dest. from paint SC for Then Reproduced at the Richard Nixon Presidential Library and Museum 456-3490 FLOYD B. McKISSICK ENTERPRISES, INC. P. O. BOX 188 SOUL CITY, NORTH CAROLINA 27553 (919) 456-5811- 3111 May 22, 1973 Mr. Leonard Garment Special Assistant to the President The White House Washington, D. C. Dear Leonard: We are moving along toward the closing of the Soul City project. We have, however, been faced with a lack of coordination among various federal agencies; possibly because of a single governmental agency not being charged with the responsibility for that coordination. The building of Soul City, a free-standing new community, will, of course, require the efforts and resources of all federal agencies, if not now, in the near future. We are extremely desirous of having a Federal Coordinator appointed who can stay abreast of this project at all times and whose responsibilities will be to see that the project is built by developing an effective means of communication among all federal agencies, along with a timing of their particpation, the collection of all data and documents regarding the development of the project and who could serve as our direct communications liasion with the various federal agencies on a permanent or regular basis. I need your assistance in helping us solve this problem. It might be that you could name an agency or individual who might assume this responsibility and under whose direction and supervision this person would function. Presently we are dealing with the following governmental agencies: Dedicated to the Building of Black Economic Power" Reproduced at the Richard Nixon Presidential Library and Museum Mr. Leonard Garment May 22, 1973 In the future not only will there be continuing on-going relationships with the aforementioned agencies; the private foundation sector and the private industrial sector; but as the project develops additional contacts will be made with the Department of the Interior, the Department of Labor, the Department of Health, Education and Welfare, the U. S. Department of Agriculture, the Office of the Small Business, Administration, the Economic Development Administration, the U. S. Department of Justice, and many others that relate to new town development. The Soul City project is being and will continue to be carefully scrutinized by American society. It is for this reason that the successful execution of our objectives can more easily be accomplished if perfect coordination is achieved now. Secondly, a tremendous amount of staff time is required on our part in carrying out on-going negotiations with each separate federal agency. Thus, if a Federal Coordinator were established; our needs could be conveyed to the coordinator who would in turn evaluate those needs and then pass our requests to the appropriate agency for action. Let me hear from you after you have had the opportunity to think about this suggestion. With very kind regards, I remain; Very truly yours, Flay & Floyd B. McKissick President FBM:jg Reproduced at the Richard Nixon Presidential Library and Museum Mr. Leonard Garment May 22, 1973 U. S. Department of Housing and Urban Development Office of New Communities Development $14 Million Dollar Guarantee Office of Public Works Regional Water System Office of Public Facilities Regional Water System Sanitary District 701 Grant Contract for Physical Planning (WRPC) U. S. Office of Economic Opportunity Comprehensive Health Planning HealthCo, Inc. Social Advocacy Planning - Graut - FY 73 Soul City Foundation, Inc. 90,000 DOL Manpower & Training Soul City Foundation, Inc. U. S. Environmental Protection Agency Sewage Disposal Grants U. S. Postal Service Soul City Official Designation U. S. Department of Commerce Office of Minority Business Enterprise Contract for Industrial Development (WRPC) U. S. Department of Health, Education & Welfare Career Learning Lab Proposal Soul City Foundation, Inc. U. S. Department of Transportation Study on Road Development in Soul City; interim five year period. 1 1 2 Reproduced at the Richard Nixon Presidential Library and Museum FLOYD B. McKISSICK ENTERPRISES, INC. P. O. BOX 188 SOUL CITY, NORTH CAROLINA 27553 (919) 456-5811 May 22, 1973 Mr. George Bush Chairman Republican National Committee Dwight D. Eisenhower Republican Center 310 First Street, S.E. Washington, D. C. 20003 Dear George: Thanks for your note of April 12, 1973. I, too, enjoyed meeting with you and Ed Sexton. In fact, I suggest that we meet again in the very near future. While my concerns remain the same as I indicated to you on my recent visit, they have been intensified by recent events. In the meantime, I continue to have the utmost confidence in President Nixon and the Republican Party. As you were advised, The National Committee for a Two-Party System, Inc. is moving along in the accomplishment of its objectives. Attached hereto please find copy of article from The Montgomery Advertiser, dated May 13, 1973, regarding The National Committee for a Two-Party System, Inc. The recent loss of key, well-known Blacks in the Administration such as, Robert J. Brown, Samuel C. Jackson, Samuel Simmons, John Jenkins; and, Edwin Sexton, who I understand is leaving the Republican National Committee, opened the Republican Party to additional attacks from the Black community. Moreover, no substitute Black appointees have been made, to fill the leaders' shoes. The implications growing out of the Watergate case make it imperative that the Republican Party assume the initiative on the domestic front. The focal point should now be on minorities. This could offset some of the readings that I am now getting from the Black community. (See attached NAACP Housing Bulletin,) Could we not get together and develop a program to deal with these matters at a very early date. Dedicated to the Building of Black Economic Power" Reproduced at the Richard Nixon Presidential Library and Museum Mr. George Bush - 2 - May 22, 1973 The National Committee for a Two-Party System, Inc. will be setting up chapters in Pensacola, Florida; Mobile, Alabama; Fayette, Mississippi; Pittsburgh, Pennsylvania; Chicago, Illinois; Brooklyn, Queens, New York and New York City within the next few months in addition to those two chapters that we have set up in Tuskegee, Alabama and North Carolina, completing our goal for May, 1973. We have raised and used our own funds in this effort. There is a need for better organization and coordination between The National Committee for a Two- Party System, Inc. and the National Republican Party; and, it is for this reason we feel that a meeting, profitable to both organizations, be called in the very near future. With very kind regards, I am Yours very truly, Floyd B. McKissick CC: Mr. Leonard Garment The Honorable John Connally Enclosures: (1) Article from The Montgomery Advertiser, dated May 13, 1973, entitled: "Blacks Urged to Find New Community Funding" (2) NAACP Housing Bulletin, April, 1973. (3) Conference Notes for Meeting, Friday, March 30, 1973 (4) "What The National Committee for a Two-Party System, Inc. Does Not Believe" dated May 16, 1973 (5) Three (3) Invitations to The North Carolina Chapter of The National Committee for a Two-Party System, Inc. Dinner, scheduled for Friday, May 25, 1973, Hilton Inn, Raleigh, North Carolina. Reproduced at the Richard Nixon Presidential Library and Museum MR. FLOYD B. MCKISSICK MAYOR JOHNNY FORD DR. CHARLES G. HURST CHAIRMAN CO-CHAIRMAN EXECUTIVE DIRECTOR WHAT THE NATIONAL COMMITTEE FOR A TWO-PARTY SYSTEM, INC. DOES NOT BELIEVE May 16, 1973 1. WE DO NOT BELIEVE THAT BLACKS OR OTHER MINORITIES SHOULD FORM A SEPARATE POLITICAL PARTY. 2. WE DO NOT BELIEVE THAT BLACKS AND OTHER MINORITIES HAVE THE POWER TO NEGOTIATE IN THEIR BEST INTEREST WHEN THEIR VOTE IS A PREDICTABLE FACT. 3. WE DO NOT BELIEVE THAT BLACKS OR MINORITIES CAN BY THEMSELVES SOLVE THEIR PROBLEMS. 4. WE DO NOT BELIEVE THAT WHITE PEOPLE CAN BY THEMSELVES SOLVE THEIR PROBLEMS. 5. WE DO NOT BELIEVE THAT A CONSERVATIVE VIEW IS NECESSARILY A RACIST VIEW. 6. WE DO NOT BELIEVE THAT ALL WHITE PEOPLE ARE THE SAME IN THEIR ACTS OR PHILOSOPHY. 7. WE DO NOT BELIEVE THAT CONSOLIDATION IS NECESSARILY UNITY. 8. WE DO NOT BELIEVE IN CREATING AN ALL-WHITE POLITICAL PARTY BY OUR INACTION. 9. WE DO NOT BELIEVE THAT FREEDOM CAN BE ACHIEVED WITHOUT THE ACCEPTANCE OF RESPONSIBILITY. 10. WE DO NOT BELIEVE THAT THE ACCEPTANCE OF HANDOUTS OR DOLES BY BLACKS AND MINORITIES CREATE RESPECT IN THE MINDS OF THOSE WHO PASS OUT DOLES. 11. WE DO NOT BELIEVE THAT "BLACK ECONOMIC POWER" IS CONTRARY TO THE AMERICAN ETHIC. 12. WE DO NOT BELIEVE THAT ALL BLACK OR ALL WHITE IS ALWAYS BEAUTIFUL. BOTH CAN BE UGLY AT TIMES. BUSINESS OFFICE: POST OFFICE BOX 128, SOUL CITY, N.C. 27553 (919) 456-3111 Reproduced at the Richard: Nixon Presidential ibrarv and Museum: WHAT THE NATIONAL COMMITTEE FOR A TWO-PARTY SYSTEM, INC. DOES NOT BELIEVE continued-- May 16, 1973 Page 2 13. WE DO NOT BELIEVE THAT POWER CAN EVER BE ACQUIRED WITHOUT AN ACCEPTANCE OF RESPONSIBILITY. 14. WE DO NOT BELIEVE THAT THE AMERICAN CAPITALIST SYSTEM IS INHERENTLY EVIL AND CANNOT CHANGE BY LAWFUL MEANS. 15. WE DO NOT BELIEVE THAT BLACKS AND OTHER MINORITIES SHOULD DENY THEIR SELF INTEREST AND AMBITION. MOTIVATION SHOULD BE ENCOURAGED AND REWARDED. 16. WE DO NOT BELIEVE THAT ANY PERSON SHOULD BE DENIED ADMISSION IN THE NATIONAL COMMITTEE FOR A TWO-PARTY SYSTEM, INC. 17. WE DO NOT BELIEVE THAT BLACKS SHOULD DEPEND UPON ONE FEDERAL AGENCY TO SUPPORT THEIR ADVANCEMENT, BUT SHOULD SEEK, AS OTHER CITIZENS, FULL UTILIZATION OF ALL FEDERAL AGENCIES. Reproduced at the Richard Nixon Presidential Library and Museum The Montgomery Advertiser And ALABAMA JOURNAL Montgomery, Ala. Sunday Morning May 13, 1973 Blacks Urged to Find Blacks He said the time for mass, Democrats, black Republicans, action by blacks is over. "I and blacks of whatever political New Community Funding went to jail 26 times," said the persuasion, along with whites who want to tackle common Mississippi civil rights leader. problems through the political "But now I've got the key." process." Ed Sexton, of the minority He said that today's SO- By RAY JENKINS Republican co-chairman of the Editor, Journal Editorial Page are bad, that we've got to have affairs staff of the National phisticated politics leaves no organization and Mayor Johnny take of the whites, who served TUSKEGEE Top elected collectivism." only one segment of the com- Republican Committee, cau- place for "the nonsense of black officials declared here Ford of Tuskegee is Democratic "Up to now, whites have been tioned that in every com- marching and demonstrating co-chairman. munity. Of course," he added, Saturday that blacks should making all the profits and now "we do have some catching-up munity, blacks should exert and burning." stop bemoaning the impending McKissick said one goal of to do first." political pressure to "make sure "The name of the game," he dismantling of the a the bi-partisan organization they tell us it is bad. They're telling us now to live by the that revenue sharing is not used said, "is money." But he said black officials poverty program and look to would be to prepare a research New Testament when they've ultimately should be measured exclusively to improve the McKissick echoed these sen- other governmental sources to paper which would enable been living by the Old Testa- quality of life in the suburbs, timents, saying that "rhetorical newly elected black public offi- by their accomplishments. "We fund essential community pro- ment. which is where the whites live." addresses on black W r, jects. cials to tap "the many pockets were elected for one thing -- to "Politics and economics are Mayor Ford said the bi- separatism, pan-Africanism and "The OEO (Office of Econ- of funds available in the various serve our community and make it better, and if we don't do partisan organization is design- the like don't mean anything to one and the same," he said. omic Opportunity) is a dead agencies in Washington." Mayor Charles Evers of Fay- ed "to serve as a mechanism to the unemployed man in the He warned blacks "not to get that, then you ought to get us horse," said Floyd McKissick, ette, Miss., warned black of- out of office." bring together black streets He wants a job." former national director of the hung up on the idea that profits ficials "not to make the mis- (See Blacks, Page 2A) Congress of Racial Equality and an organizer of Soul City in North Carolina. "So We might as well stop whipping it and look for alternative sources of federal money." McKissick made his observa- tions at ceremonies establishing the first local chapter of the National Committee for a Two- Party System. McKissick is Reproduced at the Richard Nixon Presidential Library and Museum NAACD HOUSING DEPARTMENT NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE HOUSING BULLETIN SEVENTEEN NINETY BROAD YORK, NEW YORK 10019 (212) 245-2100 Executive RECEIVED MAY 21 1973 WILLIAM R. MORRIS Director of Housing Programs F.B. McKissick Enterprises, Inc, April 1973 THE IMPACT OF THE HOUSING FREEZE UPON BLACK AMERICA ON JANUARY 5, 1973 MR. NIXON INDEFINITELY SUSPENDED ALL FINANCIAL AS- SISTANCE TO URBAN HOUSING FOR THE POOR (SECTIONS 235 AND 236). HE TERMINATED PROGRAMS FOR OPEN SPACE, WATER AN SEWER AND NONPROFIT SPONSOR ASSISTANCE. ON JANUARY 8TH RURAL HOUSING PROGRAMS FOR FARM LABOR HOUSING, RENTAL AND COOPERATIVE HOUSING LOANS, WATER AND SEWER GRANTS AND ALL SUBSIDIZED RURAL HOUSING PROGRAMS EXCEPT SELF-HELP HOUSING WERE TERMINATED. THESE CUTBACKS WILL BE COMPLETED ON JUNE 30 WITH THE TERMINATION OR SUSPENSION OF PUBLIC HOUSING MODERNIZATION, MODEL CITIES, URBAN RENEWAL, NEIGHBORHOOD FACILITIES AND REHABILITATION LOANS. THIS PAPER ADDRESSES ITSELF TO THE IMPACT THESE ACTIONS WILL HAVE UPON BLACK AMERICANS, THE POOR, AND OTHERS WHOSE RIGHT TO A DECENT HOME IN A SUITABLE ENVIRONMENT IS AT STAKE. President Nixon's June 1971 "Statement of Federal Policies To Achieve Equal Housing Opportunities," stated that his administration is committed to "correct for the effects of past discrimination" and that "denial of equal housing opportunity to a person because of race is wrong, and will not be tolerated, whether practiced directly and overtly, or under cover of subterfuges, or through such practices as price and credit discrimination." The subsidized housing programs, reinforced by HUD's Project Selection Criteria and other recently-issued equal opportunity regulations, have served to expand housing choices to lower-income families, increase business and job oppor- tunities, and provide more economic benefits to black people than any other program more blacks have managed to escape the confines of the ghettos than ever in the history of federal housing activities. Through subsidized housing before! New black businesses have also been created and sustained as a result of these programs. A better quality of life, the nearness to better jobs in the suburbs, and improvements in our inner cities have taken place despite government misman- opportunity efforts by the housing industry (builders, lenders, brokers, etc.), agement and exploitive use of these programs by speculators. Affirmative equal though slow to start, have begun to take hold. Subsidized housing starts hit an all-time high in 1971 with 388,526 units. Optimistic estimates for 1973 forecast a drop in production to 275,900 units and less than 240,000 units in 1974. The Nixon Administration's boastful prediction of 300,000 units for this year is far short of the nation's need for 600,000 subsi- dized homes per year as established in the 1968 Housing Act. Further, the cutback of nearly 2,000 HUD personnel, nearly 1,500 in housing production jobs alone, does not indicate that the Nixon projections can be achieved. Of greater importance is, because of civil service rules, the reassignment of older, insensitive and sometimes bigoted FHA officials to equal opportunity jobs - bumping HUD's young crop of recently hired and dedicated blacks and whites (last hired - first fired). What happens to the black lawyer, the architect, the mortgage banker, the consultant and black sponsors? Few are equipped to compete in the unsubsidized housing field; few have the financial staying power to hold on during a moratorium, no matter how brief; few will survive! The public commitments of HUD Secretary Lynn and the President to promote minority-enterprise do not square with the permanent damage the freeze will cause to black business. The sudden cutback of funds without a concurrent replacement with new programs is a civil rights oversight of the first order. Where the housing and economic needs of poor blacks are concerned and where the growth and development of minority enterprise is at stake, equal opportunities in housing has largely been ignored. Reproduced at the Richard Nixon Presidential Library and Museum -more- 2 UNEQUAL SOCIETIES report ontitled "Blacks Pay More" confirms what we have always known; pay a higher price for their housing than do whites. The 1970 Census statistics reveal that blacks occupy a disproportionate amount of housing classified as substandard, deteriorating or dilapidated. Nationally, black income is 61% of white income. During the period 1960-1970 the black population in urban centers increased by 2.7 million while the white count decreased 2.1 million. At the same time nearly 85% of new industrial plant locations took place in predominantly white suburban areas, far removed from the inner city. The percentage of the nation's population in the cities dropped to 30% while the suburbs rose to 33% thus shifting the nation's balance of wealth and power, and thering racial separation. One-half of the nation's blacks are now concentrated in fifty metropolitan areas, and third in just 15 cities; two-thirds of all blacks now live in predominantly black census tracts. Sixteen cities over 25,000 contain black majorities. THE ECONOMIC LOSS The potential loss in Section 235 and 236 housing could conceivably reach 660,000 units in urban areas and 100,000 subsidized homes in rural areas - a loss estimated at $28.5 billion in expenditures and 3 million man years of employment. The Nixon budget for fiscal year 1974 (July 1, 1973 to June 30, 1974) proposes to eliminate over 50% of the present funds for manpower training; it would terminate public employment programs so that there will be 180,000 fewer jobs for those in need(including Vietnam veterans); it proposes no monies for summer youth programs which provided 740,000 jobs in 1972. All of this is in addition to the countless jobs which will be lost because of cutbacks on new housing and community development programs. The shortage of low- income housing means that blacks pay even more of their less-than-equal income as demand exceeds the supply and building costs continue to rise. To the nation's 22.3 million blacks who account for about 11% of the popu- lation, their 1% share of the economic benefits now derived from housing production is a crushing blow - the loss of which we cannot afford, nor is it likely that it will ever be recovered. THE NEW FEDERALISM? The incidence of housing segregation continues to increase. Predictably the flight of whites to the suburbs and migration of blacks to the cities is greatly adding to residential segregation. The effect upon blacks is further ağgravated by the Nixon Administration's "New Federalism" drive to transfer more federal funds and authority to state and local governments through general and special revenue sharing programs; programs that do not require the expansion of housing choice and opportunity; programs that lessen (rather than increase) citizen participation and minority prepresentation in the decision-making process. State governments have, in past history, failed to discharge their lawful responsibilities of protecting black rights and furthering racial progress. There is little reason to believe they will do any better now. Few would agree that this "New Federalism" is aimed at helping the nation's poor and minorities. All evidence today supports the fact that a great percentage of crime is bred in slums and blight, in poverty and unemployment and poor edu- cation. It is bred in inner cities and rural areas where blacks are losing faith in the system; where opportunity no longer exists. If they really want better communities with safe streets and secure homes, the best way to do it is to improve our homes and home life, and our neighborhoods - to provide quality education and jobs. WHERE DO WE GO FROM HERE The proposed Nixon Administration strategy to fold urban renewal, model cities and other programs (they're being cut-off June 30, 1973) into special revenue sharing for community development (with no funding until July 1974), leaves a one year halt in the momentum of these programs. It means the jobs -more- Reproduced at the Richard Nixon Presidential Library and Museum 3 blacks now hold will be lost, many never to be recaptured. It means minority-owned business and entrepreneurs will have to find other employment in areas not subject to the protection of equal opportunity requirements. During this shuffle we also become faced with the President's recently proposed legislative package containing "The Better Communities Act," "The Responsive Governments Act," and a bill to create a broad-powered new federal Department of Community Development - the passage of which is highly speculative. While the power-struggle between the Congress and the President continues, we must never forget who the real victims are. Aside from the white-dominated housing industry and the local redevelopment and housing officials, it is the poor,. the black and other racial minorities who must wait, and wait, and wait, for a chance to obtain decent housing at prices they can afford - or a chance to move into America's mainstream as equals - to enjoy all the benefits of a single society. The termination, suspension and cancellation of the subsidized housing and community development programs has caused incalculable harm to black America. The cause of equal housing opportunity and minority economic growth has received an irrecoverable setback by the cutback! If this is the way Mr. Nixon is "correcting for the effects of past discrimination" let us be spared more of the same. The question we must now face is whether those who have so much to lose will exercise their rights and demand a voice in shaping the new programs now being put together? If not we will again be on the outside, looking in and reacting after the fact! Reproduced at the Richard Nixon Presidential Library and Museum EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF management AND budget DATE: April 20, 1973 WASHINGTON, D.C. 20503 REPLY TO ATTN OF: SUBJECT: Soul City - Status Report Mr. O'Neill Background The Soul City Project received a conditional guarantee commitment for $14 million in June 1972. This would be the first, and only, free- standing new community (i.e., a completely new growth center outside of any metropolitan area). At that time, HUD identified five con- ditions for commitment: 1. Satisfactory debt restructure of McKissick Enterprises 2. Satisfactory industrial development marketing strategy 3. Revised phasing plan (from 20 years to 30 years project) 4. Requirement for approvals from all local government agencies 5. Evidence of satisfactory utility financing. To date, McKissick Enterprises has satisfied two conditions--numbers 2 and 3, and partially satisfied 1, #4, and #5. HUD staff estimates that it will take at least two months before the project could come to closing (i.e., firm commitment). Current Federal Assistance It is significant to note that the two month estimate assumes the availability of immediate Federal assistance from several agencies: (a) a HUD Water and sewer grant in order to satisfy the requirement for utility financing (this project is in Group C in HUD's earlier appeal to OMB); (b) one or more grants from the Office of Minority Business Enterprises (OMBE) to support the kinds of legal and techni- cal staff needed to manage a project of this scale; and (c) a health center grant from OEO. The project has already received Federal assistance from the following, totalling over $1 million: 1. OEO - $1.1 million grant in FY 1971 to plan for a health center. OEO has programmed an additional $1 million in 1974 for services. 2. OMBE - $257 thousand in FY 1973 (contract expires May 30, 1973) for technical assistance to develop an industrial marketing strategy. Soul City is requesting an additional $1 million in FY 1974 to continue these activities. OMBE staff will probably recommend $190 thousand. Reproduced at the Richard Nixon Presidential Library and Museum 2 3. HUD - A $420 thousand 701 Planning Assistance grant to the local regional planning commission to carry out some of the preliminary planning. 4. HUD New Communities staff - Development of the cash flow proj- ections for the project. In general, the project is dependent on the availability of Federal assistance to come to the stage of firm commitment, as well as to achieve the long term economic viability of the project. The Soul City project is among the first six new community projects that had Federal grants built into the cash flow projections. However, the situation here is more severe due to the initial lack of financial and management capability of the developer. In the words of a HUD staff person, "this is a poverty case" which is marginal at best and would require substantial assistance to be a success. A free-standing proj- ect is inherently risky and would be so even under the best of circumstances. Considerations for a funding decision The question of whether the project should receive a HUD water and sewer grant is really a part of the broader question of whether there is or should be a Federal commitment to carry out the project as a special demonstration. If the answer is yes, then a wide variety of funding is now and will be required. If not, neither the HUD grant nor the other grants under consideration (OEO and OMBE) should be provided. A decision to provide the assistance currently requested, without the broader commitment, will probably lead to a default situa- tion in the not too distant future. adele Adele D. Jackson W. Jackson 4610 Reproduced at the Richard Nixon Presidential Library and Museum THE WHITE HOUSE April 11, 1973 MEMORANDUM FOR PAUL O'NEILL SUBJECT: Soul City Please "1/2 100 Jan jan on How soon will you be able to signal HUD that this project should move? Would you be willing to meet with McKissick and me and Tom Dunn so we can get the whole thing squared away? My only interest is to give McKissick a definite answer. It looks up to now as though it has been "yes" all along -- but if FY 1973 funds run out because processing time is shrinking, then we have done him a real disservice. (en Leonard Garment attachment Reproduced at the Richard Nixon Presidential Library and Museum DEVELOPE Brad Patterson Mr. Leonard Carment Special Consultant to the President The White House Washington, D. C. 20050 Dear Len: In your memorandum of February 5, 1973, you request information as to the status of the Soul City New Community project and as to the next steps which should be taken by our office and the Developer to move the project along. On June 28, 1972, the Developer was made an offer of commitment for a loan guarantee of $14 million. There are a number of conditions which must be satisfied before the Developer can accept the offer. The main conditions involve the negotiation of various debt financing agreements, a.3 well as the equity investment of & proposed new partner, the attraction of the initial job base, and obtaining the necessary utility financing, all of which the Developer has to resolve to the satisfaction of HUD. The Office or New Communities staff is working with the Developer on these matters. Progress is being made, especially in satisfying the utility financing condition. On February 14, a contract was signed between the Cities of Henderson, Oxford, and Soul City to construct a regional water system which will provide these towns, as well as other communities in the region, with abundant good water that is urgently needed. Additionally, the Economic Development Administration has agreed to take the lead in coordinating Federal assistance with HUD and has accepted an application to construct the water system. In the application, the proposed financing of the system, estimated to cost $9 million, includes a $1.5 million grant from the Economic Development Administration, a $2.64 million water and sever grant from HUD, a $360,000 supplementary grant from HUD, $2.8 million in general obligation bonds from Henderson and Oxford, and $1.7 million in State of North Carolina Pure Water bonds. The water system will move forward when the proposed financing becomes available. Reproduced at the Richard Nixon Presidential Library and Museum - 2 - EDA is committed to assisting the project. It is exploring specific methods by which its participation can be effected, but has no doubt that a satisfactory method will be developed. EDA's commitment is, of course, contingent upon the completion of a satisfactory environ- mental impact analysis. Approval of the HUD water and sewer grant is currently pending further negotiations between HUD and the Office of Management and Budget. Recently, the OMB has indicated it will postpone a decision on some categories- of projects, which include the Soul City project, pending receipt of proposals from HUD as to its plans for subsidized housing in new communities. HUD will continue to pursue the completion of the Soul City project and keep you advised of our progress when we have something more definite to report. Finally, we also will need to complete with the Developer our negoti ations of a project. agreement and trust indenture and present these documents to the Board of Directors of the New Community Development Corporation for their views and final approval. Sincerely yours, James T. Lynn BCC: Honorable Frederick B. Dent Department of Commerce Reproduced at the Richard Nixon Presidential Library and Museum April 20, 1973 Soul City - Status Report Mr. O'Neill Background The Soul City Project received a conditional guarantee commitment for $14 million in June 1972. This would be the first, and only, free- standing new community (i.e., a completely new growth center outside of any metropolitan area). At that time, HUD identified five con- ditions for commitment: 1. Satisfactory debt restructure of McKissick Enterprises 2. Satisfactory industrial development marketing strategy 3. Revised phasing plan (from 20 years to 30 years project) 4. Requirement for approvals from all local government agencies 5. Evidence of satisfactory utility financing. To date, McKissick Enterprises has satisfied two conditions--numbers 2 and 3, and partially satisfied #1, #4, and #5. HUD staff estimates that it will take at least two months before the project could come to closing (i.e., firm commitment). Current Federal Assistance It is significant to note that the two month estimate assumes the availability of immediate Federal assistance from several agencies: (a) a HUD Water and sewer grant in order to satisfy the requirement for utility financing (this project is in Group C in HUD's earlier appea1 to OMB); (b) one or more grants from the Office of Minority Business Enterprises (OMBE) to support the kinds of legal and techni- cal staff needed to manage a project of this scale; and (c) a health center grant from OEO. The project has already received Federal assistance from the following, totalling over $1 million: 1. OEO - $1.1 million grant in FY 1971 to plan for a health center. OEO has programmed an additional $1 million in 1974 for services. 2. OMBE - $257 thousand in FY 1973 (contract expires May 30, 1973) for technical assistance to develop an industrial marketing strategy. Soul City is requesting an additional $1 million in FY 1974 to continue these activities. OMBE staff will probably recommend $190 thousand. Reproduced at the Richard Nixon Presidential Library and Museum 2 3. HUD - A $420 thousand 701 Planning Assistance grant to the local regional planning commission to carry out some of the preliminary planning. 4. HUD New Communities staff - Development of the cash flow proj- ections for the project. In general, the project is dependent on the availability of Federal assistance to come to the stage of firm commitment, as well as to achieve the long term economic viability of the project. The Soul City project is among the first six new community projects that had Federal grants built into the cash flow projections. However, the situation here is more severe due to the initial lack of financial and management capability of the developer. In the words of a HUD staff person, "this is a poverty case" which is marginal at best and would require substantial assistance to be a success. A free-standing proj- ect is inherently risky and would be so even under the best of circumstances. Considerations for a funding decision The question of whether the project should receive a HUD water and sewer grant is really a part of the broader question of whether there is or should be a Federal commitment to carry out the project as a special demonstration. If the answer is yes, then a wide variety of funding is now and will be required. If not, neither the HUD grant nor the other grants under consideration (OEO and OMBE) should be provided. A decision to provide the assistance currently requested, without the broader commitment, will probably lead to a default situa- tion in the not too distant future. Adele D. Jackson Reproduced at the Richard Nixon Presidential Library and Museum 5-74-76 1s Acced A 13 quote OMBE New 274 (all but sigur + 1.000 .500 (oll but signer) OEO 1,000 HUD 1.100 wterval Serve wats L 451 was 6/30 .180 supp .500 Put For book Reproduced at the Richard Nixon Presidential Library and Museum 1.1 1.1 to 257 JO 190 .257 274 1.777 .420 420 2.967 94= = daulap land EDA 1.5 HOD 3.0 Reproduced at the Richard Nixon Presidential Library and Museum The WHITE House WASHINGTON May 1 Paul - As per our telephone conversation. This is the whole Garment/BHP file on Soul City;pls keep intact. Brad Reproduced at the Richard Nixon Presidential Library and Museum THE WHITE HOUSE WASHINGTON Atlanta R.O. 404 526 5585 Bapter Ted alexanda Reproduced at the Richard Nixon Presidential Library and Museum ASSISTANT DIRECTOR OFFICE OF MANAGEMENT AND BUDGET Len Carment The attached staff per gives a carrent states reports on the Soul city project W ould you like to discuss? a- I val Crein Reproduced at the Richard Nixon Presidential Library and Museum THE WHITE HOUSE WASHINGTON Pir'm We should vat be in other middle of this & about W meeting. Wath + Sever - do and west critina EDA not Reproduced at the Richard Nixon Presidential Library and Museum THE WHITE HOUSE WASHINGTON April 11, 1973 MEMORANDUM FOR PAUL O'NEILL SUBJECT: Soul City How soon will you be able to signal HUD that this project should move? Would you be willing to meet with McKissick and me and Tom Dunn so we can get the whole thing squared away? My only interest is to give McKissick a definite answer. It looks up to now as though it has been "yes" all along - - but if FY 1973 funds run out because processing time is shrinking, then we have done him a real disservice. Leonard Garment attachment Reproduced at the Richard Nixon Presidential Library and Museum No. Brad Patterson Mr. Leonard Garment Special Consultant to the President The White House Washington, D. C. 20050 Dear Len: In your memorandum of February 5, 1973, you request information as to the status of the Soul City New Community project and as to the next steps which should be taken by our office and the Developer to move the project along. On June 28, 1972, the Developer was made an offer of commitment for a loan guarantee of $14 million. There are at number of conditions which must be satisfied before the Developer can accept the offer. The main conditions involve the negotiation of various debt financing agreements, as well as the equity investment of a proposed new partner, the attraction of the initial job base, and obtaining the necessary utility financing, all of which the Developer has to resolve to the satisfaction of HUD. The Office of New Communities staff is working with the Developer on these matters. Progress is being made, especially in satisfying the utility financing condition. On February 14, a contract was signed between the Cities of Henderson, Oxford, and Soul City to construct a regional water system which will provide these towns, as well as other communities in the region, with abundant good water that is urgently needed. Additionally, the Economic Development Administration has agreed to take the lead in coordinating Federal assistance with HUD and has accepted an application to construct the water system. In the application, the proposed financing of the system, estimated to cost $9 million, includes a $1.5 million grant from the Economic Development Administration, a $2.64 million water and sewer grant from HUD, a $360,000 supplementary grant from HUD, $2.8 million in general obligation bonds from Henderson and Oxford, and $1.7 million in State of North Carolina Pure Water bonds. The water system will move forward when the proposed financing becomes available. Reproduced at the Richard Nixon Presidential Library and Museum - 2 - EDA is committed to assisting the project. It is exploring specific methods by which its participation can be effected, but has no doubt that a satisfactory method will be developed. EDA's commitment is, of course, contingent upon the completion of a satisfactory environ- mental impact analysis. Approval of the HUD water and sewer grant is currently pending further negotiations between HUD and the Office of Management and Budget. Recently, the OMB has indicated it will postpone a decision on some categories of projects, which include the Soul City project, pending receipt of proposals from HUD as to its plans for subsidized housing in new communities. HUD will continue to pursue the completion of the Soul City project and keep you advised of our progress when we have something more definite to report. Finally, we also will need to complete with the Developer our negoti- ations of a project agreement and trust indenture and present these documents to the Board of Directors of the New Community Development Corporation for their views and final approval. Sincerely yours, James T. Lynn BCC: Honorable Frederick B. Dent Department of Commerce Reproduced at the Richard Nixon Presidential Library and Museum Mr Kissick 3/26 HUD- moving very slowly. Need direction form the tap. aplications how take processed - - FY 73 money. Ted hamous -755 G050 in Washnegton /HOD Hyde 6/19/72 Approved for guaranty. Shen SS would megatiate for sale of bonds. haura Bank dragguy too long. Reproduced at the Richard Nixon Presidential Library and Museum DEPARTMENT OF U.S. HOUSING * THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT AND WASHINGTON, D. C.. 20410 URBAN APR 1 01973 Mr. Leonard Garment Special Consultant to the President The White House Washington, D. C. 20050 Dear Len: In your memorandum of February 5, 1973, you request information as to the status of the Soul City New Community project and as to the next steps which should be taken by our office and the Developer to move the project along. On June 28, 1972, the Developer was made an offer of commitment for a loan guarantee of $14 million. There are a number of conditions which must be satisfied before the Developer can accept the offer. The main conditions involve the negotiation of various debt financing agreements, as well as the equity investment of a proposed new partner, the attraction of the initial job base, and obtaining the necessary utility financing, all of which the Developer has to resolve to the satisfaction of HUD. The Office of New Communities staff is working with the Developer on these matters. Progress is being made, especially in satisfying the utility financing condition. On February 14, a contract was signed between the Cities of Henderson, Oxford, and Soul City to construct a regional water system which will provide these towns, as well as other communities in the region, with abundant good water that is urgently needed. Additionally, the Economic Development Administration has agreed to take the lead in coordinating Federal assistance with HUD and has accepted an application to construct the water system. In the application, the proposed financing of the system, estimated to cost $9 million, includes a $1.5 million grant from the Economic Development Administration, a $2.64 million water and sewer grant from HUD, a $360,000 supplementary grant from HUD, $2.8 million in general obligation bonds from Henderson and Oxford, and $1.7 million in State of North Carolina Pure Water bonds. The water system will move forward when the proposed financing becomes available. Reproduced at the Richard Nixon Presidential Library and Museum - 2 - EDA is committed to assisting the project. It is exploring specific methods by which its participation can be effected, but has no doubt that a satisfactory method will be developed. EDA's commitment is, of course, contingent upon the completion of a satisfactory environmental impact analysis. Approval of the HUD water and sewer grant is currently pending further negotiations between HUD and the Office of Management and Budget. Recently, the OMB has indicated it will postpone a decision on some categories of projects, which include the Soul City project, pending receipt of proposals from HUD as to its plans for subsidized housing in new communities. HUD will continue to pursue the completion of the Soul City project and keep you advised of our progress when we have something more definite to report. Finally, we also will need to complete with the Developer our negotiations of a project agreement and trust indenture and present these documents to the Board of Directors of the New Community Development Corporation for their views and final approval. Sincerely yours, James T. Lynn James T. Lynn Tom Damn 755-6238 ,HUD Reproduced at the Richard Nixon Presidential Library and Museum CONFERENCE NOTES FOR MEETING WITH: Friday, March 30, 1973 11:45 a.m. Mr. George Bush Chairman Republican National Committee Dwight D. Eisenhower Republican Center 310. First Street, S.E. Washington, D. C. 1. The establishment of a national program for bringing Blacks and other minorities into the Republican Party. a. developing a public relations program geared towards the Black community. b. the scheduling of major accomplishments as they relate to minorities on a monthly basis. 2. Making better use of the FIRST MONDAY periodical as it relates to minorities. 3. Developing position papers on the following: a. major decisions being made by the President; for example, the reasons for dismantling OEO -- the dismantling of OEO affects far more poor whites than Blacks. b. how the devaluation of the dollar helps poor people. No rationale or editorial comments behind the devaluation of the dollar have been presented as yet. C. the impoundment of federal funds -- the right of the President to impound funds, and how in its last stages, all, benefit by the President carrying out a master program. d. high cost of food and the poor farmer. 4. The National Committee for a Two-Party System, Inc.: a. how it can be effectively used to reach the minority community. b. developing a program and staffing. C. the role it can play within the next two years in selective areas of the country. d. Chapters now in formation -- North Carolina, Alabama, New York and Texas Reproduced at the Richard Nixon Presidential Library and Museum - 2 - e. coordinating the activities of the Two-Party System with the National and State Republican Parties as may be decided upon. 5. The Soul City Project as it relates to a model of economic development on a national scale and on an international scale. a. The development of the African Exposition Trade and Industrial Park through Public Facilities bonds. Reproduced at the Richard Nixon Presidential Library and Museum FOR YOUR INFORMATION FLOYD B. McKISSICK ENTERPRISES, INC. P. O. BOX 188 SOUL CITY, NORTH CAROLINA 27553 (919) 456-5811 March 28, 1973 Mr. Robert Thompson Director Community Planning & Management Regional Office U. S. Department of Housing and Urban Development Atlanta, Georgia Dear Bob: I enjoyed talking with you this morning. The delay by the HUD Office of New Communities Development in moving the Soul City project ahead does give us much concern as it relates to the following areas. 1. Land Acquisition: There is a feeling in HUD that we should not attempt to acquire the remainder of the 5,700 acres which we have not yet purchased. This is dangerous. They do not understand how business decisions are made. Land buying is not a unilateral matter. Land must be brought when the seller is willing to sell and at the price the buyer is willing to pay. Delays by HUD have been costly to us in this regard as well as the fact that our land acquisition program is at a standstill. Values are going up almost daily and will continue to soar after the sale of our bonds. 2. Financing: The HUD delay has caused us the inability to secure financing by our private lenders for land acquisition as they cannot anticipate (even after having conferred with Mr. Lamont and his staff) the date of our HUD closing. Their reluctance also limits us in staff development as they do not want to put out additional operating capital until there is a positive decision by HUD indicating in written form when the project will close. On February 15 we could have acquired an additional 1000 acres at a price of $300 per acre. That situation can now be forgotten. Reproduced at the Richard Nixon Presidential Library and Museum to the Builsling of Black Economic Power Mr. Robert Thompson March 29, 1973 3. Land Development Projects: There is now talk of four land development project in and around Soul City. I understand that some of these developers are seeking HUD financing. These projects could get off the ground if HUD finances them. The major criticisms of this project from the HUD Office of New Communities Development have been (a) Industrial commitment, which we now have; (b) Water system, which we now have (we have developed, certainly, one of the first regional water systems in the South; and (c) Debt restructure, which we now have done. We received our Offer of Commitment in June of 1972. It appears that it takes a year to close the Soul City project where others have been closed in shorter periods of time. Presently the State of North Carolina is giving us excellent cooperation and is proceeding with development of the major roads through Soul City including the industrial boulevard road. We have an industry waiting for us to build the industrial incubator building which they would occupy. We have OEO approval to commence construction of our health center. Yet, all these projects are delayed because we have not officially received a HUD closing date and our bonds have not been sold. We would appreciate any assistance your good offices could give us in this matter. Delays and further delays are costing us approximately $30,000 a month. Very truly yours, Floyd B. McKissick President FBM:jg CC: Mr. Edward Lamont Director HUD ONCD Reproduced at the Richard Nixon Presidential Library and Museum L6 FYI BHP FLOYD B. McKISSICK ENTERPRISES, INC. P. O. BOX 188 SOUL CITY, NORTH CAROLINA 27553 (919) 456-5811 March 26, 1973 Mr. Brad Patterson Special Assistant to Mr. Leonard Garment The White House 1700 Pennsylvania Avenue, N.W. Washington, D. C. Dear Brad: It was good talking with you by phone this afternoon. Enclosed please find copy of my letter to Secretary James Lynn, dated February 20, 1973, to which I have not as yet received a reply. I would appreciate your continuing efforts in regard to HUD's slow and costly delays. My Assistant, Gordon R. Carey, is in Washington, D. C. now and can probably give you an up-to-date report on what is transpiring on a day to day basis. You may reach him during the day at Madison-Madison International (202) 785-1945; in the evening in Alexandria, Virginia -- (703) 683-6299. It is my feeling that the staff is attempting to make policy for HUD and a clear-cut decision by a policy maker is needed. The administration is the duty of staff and not the policy. Please call if I can be of any assistance. Give my very best regards to Leonard Garment. Yours very truly, Floyd B. McKissick Enclosure Reproduced at the Richard Nixon Presidential Library and Musellicated to the Building of Black Economic Power" FLOYD B. McKISSICK ENTERPRISES, INC. P. O. BOX 188 SOUL CITY, NORTH CAROLINA 27553 (919) 456-5811 February 20, 1973 The Honorable James Lynn Secretary U. S. Department of Housing & Urban Development Washington, D. C. Dear Mr. Secretary: I would like to request an appointment with you at your early convenience to discuss the Soul City project. This project is destined to be one of the most visible HUD projects in many years. I would like to have the opportunity to apprise you personally of our plans and progress. It is of vital importance to the Administration and to the future residents of Soul City that this project be exceptionally successful in providing a superior place to live for some 50,000 persons. Equally important is the opportunity to utilize the new town approach in revitalizing an entire region currently classified as an economically depressed area. It is becoming increasingly clear that we will need your continued cooperation to bring this project to fruition. There appears to be lengthy and unnecessary delays in moving toward construction which are both frustrating and costly. I am hopeful that with some effort by your office we can begin to move the project forward again in a timely fashion. I look forward to hearing from you. Very truly yours, Floyd B. McKissick President FBM:jg Reproduced at the Richard Nixon Presidential Library and Museum of THE WHITE House WASHINGTON Cal Callier 6550 Reproduced at the Richard Nixon Presidential Library and Museum Gray March 28, 1973 The Honorable James E. Lynn Secretary U. S. Department of Housing & Urban Development Washington, D. C. Re: Construction of Health Center in Soul City Dear Mr. Secretary: On July 1, 1972 HealthCo, Inc. received a grant from the Office of Economic Opportunity in the amount of more than one million dollars to construct a health center and initiate a comprehensive health services program for all of the people of Warren and Vance counties, including the new community of Soul City. HealthCo was formed by the principals of Soul City but is an indepen- dent non-profit organization. On October 31, 1972 HealthCo contracted with Madison & McKissick Development Company to prepare a feasibility study for the health center, including preliminary working drawings, floor plans and so on. All of this work has now been completed and is to be formally approved by OEO prior to the end of this month. We have just been informed verbally that the official OEO letter approving the feasibility study will prohibit us from beginning con- struction of the center until after the clasing of the Soul City Bond Issue with HUD. This restriction can seriously jeopardize our program especially as our project will be transferred to HEW. As we have proceeded in all good faith, assuming that the Soul City project would have been funded long before now, I am writing now to request that you suggest a date for the Soul City closing so that we may proceed to plan the development of our building. This health center will provide employment for more than fifty persons in our region and will be the most modern health facility in Warren County and the only ambulatory care center within the County. Reproduced at the Richard Nixon Presidential Library and Museum The Honorable James E. Lynn -2- March 28, 1973 The planning of the Health Care Delivery Program has been in process for the last 20 months. We have reached that point in this process where facility construction is the next immediate step. All other elements of the program are now totally dependent upon completion of the facility which, in turn, is contingent upon Soul City closing the Bond Issue with HUD. The Board of Directors, HealthCo staff, the Soul City community, and the health consumers in Vance and Warren counties look forward to your assistance at this critical developmental stage. Very truly yours, J.P.Green, M. D. Chairman of the Board, HealthCo, Inc. JPG:gmg CC Edward Lamont, HUD Lorenzo Reid, Executive Director Leonard Garment, White House Reproduced at the Richard Nixon Presidential Library and Museum PERSONAL THE WHITE HOUSE WASHINGTON March 27, 1973 MEMORANDUM FOR COUNSELLOR JAMES T. LYNN Reluctant as I am to bug my favorite Cabinet Member, I must ask you to get one of your staff to do something about my memo- randum of last February 5 about Soul City, one of the new communities. Floyd McKissick maintains he has done everything HUD has asked of him -- and now his bankers are beginning to wonder if the government is ever going to deliver on a commitment made to him last June 19. He must be assured of FY 1973 money or a great deal goes down the tube. Brad has needled Mr. Wilderoter but apparently without much success. Leonard Garment Reproduced at the Richard Nixon Presidential Library and Museum zämszingzandz Subcommittee on Housing of the March 20, 1973 House Banking and Currency ommittee "In addition, instructions will be issued shortly to honor the bona fide commitments as promised by Secretary Romney. The areas in which these commitments fall include: Project Rehab, Operati n Breakthrough, State and Local Government Arrangements, Indian Housing, New Communities (commitments to assist certain new communities in developing low and moderate income housing), Disdster Areas, Urban Renewal, Housing for the Eldeely." Reproduced at the Richard Nixon Presidential Library and Museum THE WHITE House WASHINGTON March 26, 1973 LG: After our meeting with McKissick you wrote Dent and Lynn.zDewzxamdaz--on February 5. Dent responded, but Lynn just hasn't come through. Now Floyd is getting qutte concerned - he must get all those applications processed by June 30. A note such as the attached is now required. Reproduced at the Richard Nixon Presidential Brad Library and Museum PERSONAL THE WHITE HOUSE WASHINGTON March 27, 1973 MEMORANDUM FOR COUNSELLOR JAMES T. LYNN Reluctant as I am to bug my favorite Cabinet Member, I must ask you to get one of your staff to do something about my memo- randum of last February 5 about Soul City, one of the new communities. Floyd McKissick maintains he has done everything HUD has asked of him -- and now his bankers are beginning to wonder if the government is ever going to deliver on a commitment made to him last June 19. He must be assured of FY 1973 money or a great deal goes down the tube. Brad has needled Mr. Wilderoter but apparently without much success. Leonard Garment Reproduced at the Richard Nixon Presidential Library and Museum FLOYD B. McKISSICK ENTERPRISES, INC. P. O. BOX 188 SOUL CITY, NORTH CAROLINA 27553 (919) 456-5811 February 16, 1973 Mr. Leonard Garment Special Consultant to the President The White House Washington, D. C. Dear Mr. Garment: It is with great pleasure that I am able to enclose a copy of the signed agreement between ourselves and our neighboring communities of Henderson and Oxford establishing our regional water system. This contract and agreement is a direct result of the labors of your staff, particularly Mr. Brad Patterson. Mr. Patterson has maintained contact with us almost on a daily basis and has expedited the funding of this project through HUD, EDA and the Governor's Office of the State of North Carolina. All of the required applications and supporting documents needed to fund this regional water system at the required level of 9 million dollars (50% local participation and 50% federal) have been properly prepared and submitted to the appropriate agencies. EDA has set aside its contribution of $1,500,000. EDA serves as the lead federal agency and is prepared to go into contract as soon as the necessary binding commitments are secured from the Department of Housing and Urban Development. As we understand the current situation, HUD has requested clearance from the Office Management and Budget to make the three million dollar water grant to the City of Henderson. The City of Henderson is the applicant for all of the project funds, will hold title to all of the property and will be responsible for operation and maintenance of the system. The system will supply water to Henderson, Oxford and Soul City in sufficient amounts to support our new community project and the entire region. The project will move forward as soon as the grant funds become available from HUD. Reproduced at the Richard Nixon Presidential Library and Museum Dedicated to the Building of Black Economic Power" February 16, 1973 Mr. Leonard Garment I want to again extend my thanks to you and Mr. Patterson for your assistance. This project will be the key to the continued industrial growth and development of our region. We will keep you apprised of progress in the development of this regional water system and of the overall progress of the development of our new city. It would appear that HUD could move much more rapidly in finalizing our agreements for closing and thereby help to reduce our unnecessary and mounting expenses. Again let me say many thanks. If there is anything I can do, please let me know. Very truly yours, Floyd B. McKissick Enclosure Reproduced at the Richard Nixon Presidential Library and Museum THE WHITE House WASHINGTON Read floyd Mc Kissick 919-456- 3111 Reproduced at the Richard Nixon Presidential Library and Museum Carey - Neargory Hundron ) CM of Exford ground rales" 3 EDA has "chaused and Boyd Rose - EDH atlouta Disignation as Devel distrut - needed? 10222 HUD Run Wilderstor,36 755 Reproduced at the Richard Nixon Presidential Library and Museum Museum pue UOX!N Richard the le Reportuced E Mysis Gm And JP, your R Ortiga duey each by 1955 Valileo basset bassed & mera February 5, 1973 MEMORANDUM FOR SECRETARY DENT SECRETARY LYNN SUBJECT: Soul City, North Carolina I would appreciate it if you can confirm for me that this project is moving along. What are the next steps as you see them, and which are up to us and which to Mr. McKissick? Leonard Garment attachment Reproduced at the Richard Nixon Presidential Library and Museum FLOYD B. McKISSICK ENTERPRISES, INC. P. O. BOX 188 SOUL CITY, NORTH CAROLINA 27553 (919) 456-5811 February 1, 1973 Mr. Brad Patterson Executive Assistant to Mr. Garment The White House Room 188 1/2 Washington, D. C. 20500 Dear Mr. Patterson: I am writing as a follow up to the conversations between you and Floyd B. McKissick. Enclosed you will find copies of all of our recent correspondence with EDA and HUD. Please note particularly the correspondence from the Mayors of Henderson and Oxford endorsing Soul City's application for grant funds from EDA. I have today spoken with our State EDA representative Mr. Dale Jones in regard to our application. I believe that the endorsement of the Mayors has effectively removed any EDA objections to the project as we have proposed it, providing, of course, that grant funds from HUD will be available to the City of Henderson. We will be pleased to discuss this project with you at greater length as you so desire. Very truly yours, Gordon R. Carey Vice President GRC:jg Enclosures Reproduced at the Richard Nixon Presidential Library and Myseumated to the Building of Black Economic Power" WARREN Regional PLANNING CORPORATION P.O. Box 158 MANSON, NORTH CAROLINA 27553 (919) 456-5811 January 29, 1973 Mr. Pat Choate Director Southeastern Region Economic Development Administration U. S. Department of Commerce 1401 Peachtree Street, N. E. Atlanta, Georgia 30309 Dear Pat: As you know we are making the final arrangements now for closing our land development loan guarantee with the HUD Office of New Communities Development. The regional water system as proposed by Henderson, Oxford and Soul City is a major component in our long range development plans. Furthermore as the regional system is essential for the continued growth and health of Henderson and Oxford you are no doubt aware that their water situation is becoming critical indeed. At this point we have arrived at firm arrangements with these two neighboring municipalities as to how we can best proceed to pull together the funding for this 8 million dollar project. The applicant entity for the EDA portion of this regional project will be the Soul City Sanitary District (Warren County). From the attached schedule you can see clearly the way in which the funding of this project in conjunction with the HUD sponsored project for Henderson will provide a consistent regional plan. On August 17, 1971 you wrote us indicating a commitment of 1.5 million dollars subject to certain conditions. On September 15, 1972 we in turn modified our proposal in such a fashion as to reduce the total amount of the funding package for Soul City to 3.5 million dollars. We have subsequently received all commitments from HUD necessary to fund this aspect of the project in its entirety. We would like to make arrangements now with your office to prepare the final application and other documents necessary to enter into binding contracts during this fiscal year. Reproduced at the Richard Nixon Presidential Library and Museum Mr. Pat Choate January 29, 1973 The City of Henderson on behalf of Oxford and the region is simultaneously applying for a 2 million dollar grant from HUD to support its portion of the regional system. In addition, Henderson is prepared to float general obligation bonds in the amount of 2 million dollars and the City of Oxford in the amount of $800,000. We can be assured of at least $500,000 participation from the State of North Carolina. As indicated, funding for our portion of the project will go to the Sanitary District now being formed in Warren County by Soul City. The Sanitary District can be completed within a period of 60 to 90 days. It is our understanding from Mr. Oxley and from EDA officials in Washington that the de-designation of Warren County will not constitute a problem in the funding of this already commited project. Following our last meeting with Mr. Oxley and your staff in Atlanta we have been to Washington several times in conjunction with Henderson and Oxford and have been greatly encouraged by Assistant Secretary Floyd Hyde's office regarding the proposed grant to Henderson. I look forward to hearing from you right away so that we can get moving again. Thank you ever so much for your cooperation. Very truly yours, Floyd B. McKissick President FBM:jg CC: George Karras Washington, D. C. W. W. Blount, Jr. 5081 Washington, D. C. Secretary Frederick B. Dent Washington, D. C. Enclosure: Funding Schedule Reproduced at the Richard Nixon Presidential Library and Museum PROPOSED FUNDING FOR REGIONAL WATER SYSTEM (in millions of $) SOUL CITY SANITARY DISTRICT THE CITY OF HENDERSON REGIONAL UTILITY (applicant) (applicant) (beneficiary) $ 1.5 EDA Grant .5 HUD Grant .5 HUD Public Facilities Loan .7 ONCD Grant .3 Soul City Company 3.5 Total Funding - 1.0 Less Sewer Portion $ 2.5 $ 2.5 $ 2.0 HUD Grant 2.0 Henderson GOB .8 Oxford GOB .5 State of N. C. $ 5.3 Total Funding 5.3 $ 7.8 Reproduced at the Richard Nixon Presidential Library and Museum OF HENDERSON CITY OF HENDERSON NORTH CAROLINA OFFICE OF 1841 January 29, 1973 CITY MANAGER NORTH CAROLINA Mr. Don Patch Special Assistant to Assistant Secretary Floyd Hyde U. S. Department of Housing & Urban Development 451 Seventh & D Streets, N. W. Washington, D. C. Dear Mr. Patch: On behalf of Henderson, Oxford and Soul City I want to express our appreciation for the kind reception we received from you and members of your staff in Washington. At our meeting you indicated that you would be back in touch with us shortly in regard to the extent of funding that could be made available to the City of Henderson to support our regional water system. I am writing now to formally request and urge that the U. S. Department of Housing and Urban Development make a grant to the City of Henderson in the amount of two million five hundred thousand dollars. This grant is desperately needed if we are to be in a position to begin our regional system which is so important to the thousands of residents of Henderson and Oxford and, of course, to the growth of the proposed new community of Soul City located in neighboring Warren County. I want to assure you that all three of the sponsoring communities are in complete concurrence as to how we should proceed and that we have developed a truly cooperative atmosphere. Reproduced at the Richard Nixon Presidential Library and Museum Mr. Don Patch January 29, 1973 In addition to the requested two million five hundred thousand dollar grant to Henderson and Oxford, a Sanitary District sponsored by Soul City will, we understand, be receiving funding in the amount of 3.5 million dollars. 2.5 million dollars of this amount will be utilized in its entirety to build Soul City's portion of the regional system. The City of Henderson is prepared to float two million dollars in general obligation bonds and the City of Oxford $800,000. We are assured of State participation for at least $500,000 from the proceeds of the State- wide Clean Water Bond Issue. A summary of the proposed funding arrangements are indicated on the enclosed schedule. The support indicated above will provide 8.3 million dollars to support this first stage of our regional system. All of the other funding components are belived to be quite secure at this time. The only portion of the project which has not been commited is the subject grant from your office. Before we can proceed further we must have some clarification as to the amount and timing of HUD's support. It would be greatly appreciated if we could hear from you at your earliest opportunity. Yours very truly, George V. Boyd Mayor George V. Boyd Henderson cc: Greensboro Area HUD Atlanta Regional Office Assistant Secretary Samuel C. Jackson Secretary of HUD, James Lynn Reproduced at the Richard Nixon Presidential Library and Museum PROPOSED FUNDING FOR REGIONAL WATER SYSTEM (in millions of $) SOUL CITY SANITARY DISTRICT THE CITY OF HENDERSON REGIONAL UTILITY (applicant) (applicant) (beneficiary) $ 1.5 EDA Grant .5 HUD Grant .5 HUD Public Facilities Loan .7 ONCD Grant .3 Soul City Company 3.5 Total Funding - 1.0 Less Sewer Portion $ 2.5 $ 2.5 $ 2.5 HUD Grant 2.0 Henderson GOB .8 Oxford GOB .5 State of N. C. $ 5.8 Total Funding 5.8 $ 8.3 Reproduced at the Richard Nixon Presidential Library and Museum P.O. BOX 506 HUGH M. CURRIN, MAYOR 120 WILLIAMSBORO ST. TELEPHONE 919 693-5172 CITY OF OXFORD Oxford, North Carolina 27565 January 25, 1973 Mr. Don Patch Special Assistant to Assistant Secretary Floyd Hyde U. S. Department of Housing & Urban Development 451 Seventh & D Streets Washington, D. C. Dear Mr. Patch: By this letter we are indicating our strong endorsement and support for the application to your office for a two mil- lion dollar water grant to the City of Henderson. The pro- ceeds of this grant are to be used to assist in building the Henderson and Oxford portions of the regional water system being planned and developed jointly with Soul City. We would like to urge your action on this matter and with Mayor Boyd stress the crucial importance of this action. Our proposal is unique in the development of regional approaches to water. It is fully consistent with State and regional planning and can ultimately serve at least four counties, num- erous municipalities and, of course, a HUD sponsored new community. Very truly yours, Hugh M. Currin Mayor of Oxford Floyd B. McKissick President, McKissick Enterprises, Inc. CC: Greensboro Area HUD Atlanta Regional Office Assistant Secretary Samuel C. Jackson Secretary of HUD, James Lynn Reproduced at the Richard Nixon Presidential Library and Museum HUGH M. CURRIN, MAYOR 120 WILLIAMSBORO ST. TELEPHONE 919 693-5172 CITY OF OXFORD Oxford, North Carolina 27565 January 25, 1973 Mr. Pat Choate, Director Southeastern Region Economic Development Administration U. S. Department of Commerce 1401 Peachtree Street, N. E. Atlanta, Georgia 30309 Dear Mr. Choate: On behalf of our respective communities we want to take this opportunity to let you know that we have reviewed Mr. McKissick's letter of this same date addressed to you and concur that this is the direction in which we should move. By this letter we are indicating our full support and con- currence with the application from the Sanitary District in Warren County. The City of Henderson will make appropriate arrangements with the Sanitary District to provide for an orderly and coordinated construction program. We are indeed encourged by the response from HUD and we have been promised that we should be told the extent of the HUD funding for this project very shortly. This joint regional water system is of great importance not only to our two cities but also to the entire region. We hope and trust that it can now move forward with speed and cooperation. Very truly yours George V. Boyl George V. Boyd Hugh M. Currin Mayor of Henderson Mayór of Oxford HMC: kp CC: George Karras, Robert Podesta, Secretary of Commerce Reproduced at the Richard Nixon Presidential Library and Museum STATE OF NORTH CAROLINA ) AGREEMENT COUNTY OF VANCE THIS AGREEMENT, made and entered into this the 14th day of February, 1973 by and among the City of Henderson (a municipal corporation organized under the laws of the State of North Carolina and situate in Vance County, North Carolina), hereinafter referred to as "Henderson", the City of Oxford (a municipal corporation organized under the laws of the State of North Carolina and situate in Granville County, North Carolina), hereinafter referred to as "Oxford", and Floyd B. McKissick Enterprises, Inc. ( a corporation organized under the laws of the State of New York and domesticated in the State of North Carolina with its principal office in Warren County, North Carolina, the developer of the new community of "Soul City" being developed under Title VII of the 1970 Housing and Urban Development Act, and acting as Agent for "Soul City Sanitary District" now being organized), hereinafter referred to as "Enterprises". WITNESSETH: WHEREAS, the Cities of Henderson and Oxford (and the areas surrounding said cities in Vance and Granville Counties) and the area in and near Warren County to be served by the Enterprises are all in need of additional water supplies, and WHEREAS, said areas are all in relativelyclose proximity with each other, extending along Interstate Highway #85 and within a short distance of John H. Kerr Reservior, and WHEREAS, although John H. Kerr Reservior ("Kerr Lake") was constructed approximately 20 years ago and has approximately 800 miles of shoreline, it is not used by any towns or cities in North Carolina as a source of water and the supply of water available in LAW OFFICES ZOLLICOFFER & the lake in this area can easily fulfill all of the foreseeable water HENDERSON, N. c. Reproduced at the Richard Nixon Presidential Library and Museum Agreement Page 2 needs of the region in the future and can be readily treated for drinking purposes, and WHEREAS, it is in the best interest of the parties hereto and of the persons residing in the aforesaid areas that a regional water supply system be established, and WHEREAS, said regional water supply system would consist of a raw water intake structure located on Kerr Lake, a water treatment plant, elevated water storage facilities, finished water pumping facilities, and finished water transmission mains to Henderson, Oxford, and the area served by the Enterprises. The total cost of said regional water suply system is estimated at 9.0 million dollars, and WHEREAS, the regional water supply system is being financed by grants of monies from the Economic Development Administration and the Department of Housing and Urban Development, Agencies of the United States Government, and grants of monies from the State of North Carolina with the balance of the project being financed by Henderson, Oxford and the Enterprises, and WHEREAS, the grants of the above Agencies of the United States Government is contemplated to be 50% of the total project cost or approximately $4,500,000.00, a portion of which is through the Office of New Communities Development, and WHEREAS, the parties hereto desire to put into writing their agreement, the same being conditioned upon the availability of all funds before the acquisition of any land or rights of way or the awarding of any contracts relative to the constructin of said system. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein set forth and the reliance to be LAW by each party on the performance by the others, the parties ZOLLICOFFER & ZOLLICOFFER HENDERSON, N.C. Reproduced at the Richard Nixon Presidential Library and Museum Agreement Page 3 hereto, each with each other, agree as follows: (1) Although Henderson is to be the "guiding force" and lead agency relative to the proposed regional water system, Oxford and the Enterprises have and shall continue to have certain vested rights and interests in the system and its facilities, as set forth in this agreement, by virtue of their investments in the same. (2) The City of Henderson is to make applications "for Federal grants from the Economic Development Administration and the Department of Housing and Urban Development and applications for grants from the State of North Carolina and/or any other sources which may be suggested and feasible; the other parties hereto agree to assist Henderson in any feasible manner relative to said grants and the applications for the same. (3) Any funds received by any of the prties by reason of any grant for the initial construction of the regional water system, or through financing or other funding relative thereto, shall be paid to Henderson to be held in separate escrow accounts and to be spent only for said system. (4) In the event that the applications for grants are received with sufficient encouragement so that it appears likely that sufficient funds will be derived from grant sources to make the project feasible, Henderson and Oxford agree to then initiate proceedings towards the issuance of any bons which said parties may deem appropriate towards financing their respective shares of the balance project cost. LAW OFFICE(5) In the event the project becomes economically unfeasible ZOLLICOFFER & ZOLLICOFFER HENDERSON, N. c. Reproduced at the Richard Nixon Presidential Library and Museum Agreement Page 4 (because of insufficient grant funds, rising construction costs, or the inability of any party to raise its share of the balance project costs through no fault of said party [e.g., a vote defeating its bond issue], etc.), so that there is no award of any construction contract, then this agreement shall terminate and the parties shall be under no further obligation to each other; provided, however, that Oxford and Enterprises shall each immediately reimburse Henderson 1/5 of any engineering, legal, or extraordinary expenses for items which have been approved by the parties, which Henderson may have incurred under this contract prior to its termínation. (6) The proposed budget of 9 million dollars is contemplated to be /financed by: Economic Development Administration Grant $1,500,000.00 Housing and Urban Development (Office of New Communities) Supplementary Grant 500,000.00 Housing and Urban Development (to support the new community of Soul City) 2,500,000.00 N. C. State Grants ("Clean Water" bond funds) 1,700,000.00 Henderson 2,000,000.00 Oxford 800,000.00 $9,000,000.00 In the event the total project costs exceed the monies available from the above sources (including the amounts indicated for Henderson and Oxford), then the overrun shall be paid and deposited by the parties as follows: (a) Henderson 60% (b) Oxford 20% (c) Enterprises 20% LAW OFFICES ZOLLICOFFER & ZOLLICOFFER HENDERSON, N. c. Reproduced at the Richard Nixon Presidential Library and Museum Agreement Page 5 In the event the total project costs shall be less than the monies available from the sources above, then the parties' shares set forth in the budget above shall be reduced proportionately, in the total amount of the underrun. Henderson and Oxford shall be responsible for all interim financing needed on a prorata basis. (7) The final plans, specifications and design of the project shall be approved by all of the parties hereto. Thereafter, no charges in the scope of the project can be made without full concurrence of all the parties; provided that this does not affect reasonable field change orders. (8) After all of the project funds have been committed to the satisfaction of Henderson, Henderson shall then proceed with the authorization of the final design of the system and the acquisition of any land and easements needed and with the advertising and awarding of the construction contracts relative to the project. The other parties agree to assist Henderson in any feasible manner, and especially in the acquisition and/or condemnation of land or rights of way. (9) The title to any land or rights of way acquired and any and all facilities located thereon shall thereafter be vested in Henderson, and held by Henderson for the use and benefit of the parties hereto and subject to the contractual interests of the parties hereto. It is agreed that any party may assign its interest to any successor water supplier to its respective area only upon the condition that said assignee shall assume all of the assignor's obligations hereunder and be bound by the terms of this agreement. It is expressly agreed that Enterprises is to actively seek the immediate formation of a Sanitary District in the area in which it operates and to LAW OFFICES ZOLLICOFFER & ZOLLICOFFER HENDERSON, N. c. forthwith assign its interest to said Sanitary District which Reproduced at the Richard Nixon Presidential Library and Museum Agreement Page 6 would assume the obligations of Enterprises hereunder. It is the intent of the parties hereto that said system shall in the future be transferred to a Regional Water Authority, as provided in Articles 1 and 2 of Chapter 162A or otherwise, of the General Statutes of North Carolina/to be formed in the future by all of the prties, with such duties, powers, authorities, and functions as may be agreed upon between the parties, subject to the conditions of the General Stautes of North Carolina. (10) Upon the completion of the construction of the water system, the same shall be maintained and operated by the City of Henderson; provided, however, that the costs of any maintenance shall be added to the "cost of production" of the water; provided further that the parties hereto shall assist Henderson in the inspections of their respective transmission mains. (11) It is agreed that all water being treated, the water entering the transmission line to Enterprises, and the water entering the transmission line to Oxford shall each be accurately metered. Oxford and Enterprises ("Soul City") each agree to purchase from Henderson all water metered into their respective transmission lines. Although quantities may vary on a daily basis, Oxford and Enterprises each agree to pay for a minimum average of one million gallons per day each week, commencing upon said treatment plant being placed in operation; provided, however, that relative to any portion of said one million gallons per day that does not pass through the respective meter, the actual cost of production (as defined below) for said respective party shall not include the expense of power, chemicals, or other costs that vary with the amount of water LAW OFFICES ZOLLICOFFER & ZoLLicoFFeproduced. HENDERSON, N. c. Reproduced at the Richard Nixon Presidential Library and Museum Agreement Page 7 It is understood that Henderson is not engaging in the sale of water to the other parties to this agreement for a profit. The parties shall pay Henderson, within 15 days of billing, for said water on the basis of the actual cost of production (including chemicals, utilities, salaries of personnel, audits, etc.). While "cost of production" shall not include amortization of the initial cost of the system, it shall include provisions for any reasonable reserves for repairs to and maintenance of the system, and for other reasonable contingencies relative to the system, and for amortization or reasonable rental of any equipment, vehicles, etc. purchased or used by Henderson, and reasonable payments to personnel by Henderson, relative to performing any obliga- tions for the joit benefit of the parties to this agreement. For purposes of ascertaining "cost of production", Henderson shall be charged with a minimum average of three million gallons per day, and Oxford and Enterprises with a minimum average of one million gallons per day (as set forth in the preceding paragraph). Nothing herein withstanding, Henderson shall have the right to discontinue service to any party hereto who does not pay any funds owing to Henderson under the terms of this contract and fails to remedy said breach within 15 days after notice of intent to discontinue said service. (12) The respective parties hereto shall have the right at any time to purchase without any cost other than set out herein, the following percentages of the then total treated water capacity of the original plant: (a) Henderson 60% LAW OFFICES (b) Oxford 20% ZOLLICOFFER & ZOLLICOFFER HENDERSON, N. c. (c) Enterprises 20% Reproduced at the Richard Nixon Presidential Library and Museum Agreement Page 8 Provided, however, that in the event of any temporary curtailment of capacity (that is one which is not expected to exceed 30 days duration), each party shall have the right to purchase the same percentage of the curtailed treated water capacity of the original plant that said respective party actually used during the 90 day period preceding said curtail- ment. The allocation of water relative to the original plant shall not be changed except by mutual agreements reached by negotia- tions with all the parties. In the event any party wishes to transfer part of its allocation, it shall offer the same to both of the other parties on the same terms. The other parties shall each have the right to purchase its prorata part (on the 60-20-20 basis hereinbefore referred to) of said allocation offered; provided that if either party does not so purchase its prorata share within 30 days, the other purchaser may purchase said share within 30 days thereafter upon the terms proposed. Nothing herein shall prevent the withdrawal of any offer (or portion of the same) prior. to its acceptance, however. In the event any party needs water over and above its original allocation, it shall have the right to expand the treatment plant (and any other facilities necessary for the delivery of such additional water) at its own expense, provided it does not act to the detriment of any of the other parties; its allocation of water available for purchase shall thereafter be increased by the amount of additional treated water which can be delivered to it by reason of said expansion. (13) The water flowing through each main shall be controlled by LAW OFFICES ZOLLICOFFER & ZOLLICOFFER the party then being metered for the same and in all cases HENDERSON, N. c. Reproduced at the Richard Nixon Presidential Library and Museum Agreement Page 9 said party shall determine policies for allowing other persons, firms, or corporations to tap said main for water service at said place (provided that no party shall take any action which would prevent any other party to this agreement from obtaining its fair share of the water being treated). The fact that the main may be situated in another County or jurisdiction shall not affect the right of the controlling party to make such policy and decisions as it deems proper. It is understood that no party hereto has any obligation to serve any persons, firms, or corporations (except as otherwise may be provided by law and this agreement). It is understood and agreed that the parties hereto each have the right to resell the water allocated and delivered to it at such rates, fees, charges, penalties, and/or varying schedules as said party may individually determine. (14) Henderson shall not be liable or accountable for any failure to treat and/or deliver water, or otherwise perform this H,M.C contract in the event such failure is due to acts of God, strikes, power failure, line breaks, system repairs, catastrophes, or other causes beyond the control of the City of Henderson, its agents and employees. Henderson shall give all parties reasonable notice of any interruptions which might be reasonably anticipated. (15) Henderson shall maintain a separate regional water system account and all revenues and disbursements relative to said system (and no other revenue or disbursements) shall be deposited to and disbursed from said account.. An independent auditing firm, reasonably acceptable to all parties, will audit the accounts and expenses of the operation of the regional water LAW OFFICES ZOLLICOFFER & ZOLLICOFFER system no less than once each year. Sufficient copies of the HENDERSON, N. c. Reproduced at the Richard Nixon Presidential Library and Museum Agreement Page 10 audit will be made available to provide one for each member of the City Council, or other governing agency or board of each of the parties hereto. Henderson shall further render to each party an operating statement each month. (16) The basic premise of this agreement is that all interpretations hereof and decisions hereunder relative to the regional water system shall be fair and equitable, with due regard being given to each participating party according to their respective vested rights that they have in the system in the following ratio: (a) Henderson 60 (b) Oxford 20 (c) Enterprises 20 (17) It is agreed that other governmental units or agencies shall have the right to purchase water directly from the regimal water system upon the consent of all of the parties hereto and upon such terms and conditions as may be determined by the parties. (18) This agreement shall exist and continue for a period of 40 years from the date hereof, and thereafter may be renewed or extended for such term, or terms, as may be mutually agreeable; it shall be binding during its termand all extensions and renewals hereof, on the parties hereto (and their successors in title and assigns, pursuant to the terms of paragraph 9). This agreement may be amended only with the written consent of all the parties hereto (or their assigns). (19) This contract shall be construed under the laws of the State of North Carolina. (20) The parties to this agreement have executed Forms #ED-503 LAW OFFICES ZOLLICOFFER & ZOLLICOFFER and/or ED-503(a), forbidding the discrimination in the hiring HENDERSON, N. c. Reproduced at the Richard Nixon Presidential Library and Museum Agreement Page 11 or firing of employees, and the parties agree not to engage in any discriminatory conduct prohibited by said Form or the statutes set forth therein, and further bind their respective grantees, assigns, and successors in interest to these assurances. IN TESTIMONY WHEREOF, the City of Henderson and the City of Oxford have each caused this agreement to be executed, all pursuant to resolutions passed by their respective governing bodies, and Floyd B. McKissick Enterprises, Inc. has caused this agreement to be duly executed by its president, sealed with its corporate seal, and attested by its secretary, all by authority of its board of directors duly given. CITY OF HENDERSON. BY: George V Brid (CORPORATE SEAL) George V. Boyd, Mayor ATTEST: J. Greeson, City Clerk CITY OF OXFORD (CORPORATE SEAL) BY: Hugh High M Currin, Mayor ATTEST: Carlton Flowers City Clerk FLOYD B. MCKISSICK ENTERPRISES, INC. (CORPORATE SEAL) BY: President ATTEST: GiRla Hut Secretary LAW OFFICES ZOLLICOFFER & ZOLLICOFFER HENDERSON, N. c. Reproduced at the Richard Nixon Presidential Library and Museum ADMINISTRATIVE CONFERENCE OF THE UNITED STATES INTERIOR DEPT. 726 JACKSON PLACE, N.W. WASHINGTON, D.C. 20506 JUL 7 1972 (202) 395-3753 SOLICITOR 1565444.4169 July 5, 1972 The Honorable Rogers C. B. Morton Secretary of the Interior Department of the Interior Washington, D.C. 20240 Dear Mr. Secretary: On June 9, 1972, at its Seventh Plenary Session, the Administrative Conference of the United States adopted Recommendation 33: Conflict-of-Interest Problems in Dealing with Natural Resources of Indian Tribes. I am pleased to transmit this recommendation to you for consideration by the Department of the Interior. Recommendation 33 was based on extensive study by a committee of the Conference. Government agencies, including the Department of the Interior, and private persons were afforded an opportunity to comment on the recommendation in a tentative form. After revision in light of these comments, the recommendation was carefully considered by the Conference membership and was approved by an overwhelming vote. Part A of the recommendation calls for the establishment by legislation of an Indian Trust Counsel Authority with adequate powers to represent the interests of Indians concerning natural resources. It is my hope that the Department of the Interior will lend its vigorous support to the enactment of such legislation. Part B of the recommendation urges the Department of the Interior and the Department of Justice to take appropriate steps, prior to or in the absence of legislation, to ameliorate existing conflict-of-interest problems in the handling of matters involving natural resources of Indians. I respectfully request that the Department of the Interior give most careful consideration to this portion of the recommendation. Reproduced at the Richard Nixon Presidential Library and Museum The Honorable Rogers C. B. Morton Page 2 July 5, 1972 I am sending a copy of this letter to Mr. Mitchell Melich, Solicitor, who is one of the two members of the Administrative Conference designated by the Department. I am asking Mr. Melich to report back to me by October 1, 1972, concerning the implementation of this recommendation by the Department of the Interior. Sincerely yours, Rogar C. Craston Roger C. Cramton Chairman cc: Mr. Mitchell Melich Enclosure CC to Mr Melich Reproduced at the Richard Nixon Presidential Library and Museum WILKINSON, CRAGUN & BARKER LAW OFFICES ERNEST L. WILKINSON 1616 H STREET, N.W. JOHN W. CRAGUN (1906-1969) WASHINGTON, D. C.2000 GLEN A. WILKINSON ROBERT W. BARKER CHARLES A. HOBBS INTERIOR DEPT. (202) 628-4400 ANGELO A. IADAROLA CABLE ADDRESS PAUL S. QUINN THEODORE BARON * JUL 13 1972 "WILCBAR" LEON T. KNAUER RICHARD A. BAENEN 180 ROSEL H. HYDE JERRY C. STRAUS SOLICITOR DONALD C. GORMLEY HERBERT E. MARKS Gounsel PIERRE J. LAFORCE July 11, 1972 FRANCES L. HORN GORDON C. COFFMAN R. ANTHONY ROGERS PATRICIA L. BROWN WILLIAM R. LOFTUS STEPHEN R. BELL THOMAS J. bacas E. FOSTER DEREITZES ALAN I. RUBINSTEIN * Admitted in Missouri only Honorable Rogers C. B. Morton Secretary of the Interior U. S. Department of the Interior Washington, D.C. 20240 Dear Secretary Morton: As you know the Administrative Conference of the United States on June 9, 1972, adopted a recommendation of its Committee on Claims Adjudication to the effect that, pending the enactment of the proposed Indian Trust Counsel proposal, the Department of the Interior and the Department of Justice should take appropriate administrative steps to "ameliorate existing conflict of interest problems with respect to the handling of matters involving natural resources of Indians.' In the case of the Department of the Interior the recommendation was specific: "The Department of the Interior should give consideration to expanding to other types of Indian matters the application of recent measures which established a separate Indian Water Rights Office." We urge that this recommendation be implemented without delay. President Nixon, in his historic message to Congress of July 8, 1970, recognizing the conflict of interest present in agencies charged with the responsibility to protect Indian interests, recommended the creation of an Indian Trust Counsel Authority to assure adequate pro- tection of Indian natural resource rights. Whilc this Reproduced at the Richard Nixon Presidential Library and Museum Honorable Rogers C. B. Morton July 11, 1972 Page Two concept has received wide support in the Indian community it has not made significant progress towards enactment either in the Senate or the House of Representatives. Given this situation, other solutions to the conflict of interest problem must be examined. The proposal of the Administrative Conference, we believe, offers great hope of ameliorating the problem. Giving the Bureau of Indian Affairs its own legal counsel apart from the Solicitor's Office would not remove the conflict of interest problems present when the Secretary of the Interior must make a decision in which the duties of the United States as trustee for Indians are weighed against the larger public interest. But at least, as in the case of the Indian Water Rights Office, conflicting legal points of view would be more sharply defined under this kind of arrangement and the So- licitor of the Department of the Interior would no longer be faced with the problem of representing conflicting interests in framing legal recommendationsto the Commissioner of Indian Affairs or the Secretary of the Interior. The proposal for establishment of a separate General Counsel for Indian Affairs is a less drastic measure than the President's proposal for creation of an Indian Trust Counsel Authority. It seems clear to us that the adoption of this modest proposal without delay is the only course consistent with President Nixon's Indian program. Yours sincerely, WILKINSON, CRAGUN & BARKER Hlin Ct Wilkmian By: Glen A. Wilkinson cc: Honorable Louis R. Bruce Honorable Mitchell Melich Reproduced at the Richard Nixon Presidential Library and Museum DEPARTMENT OF TERIOR United States Department of the Interior OFFICE OF THE SOLICITOR March 1849 WASHINGTON, D.C. 20240 3, IN REPLY REFER TO: JUL 1 8 1972 Memorandum To: Assistant Secretary, Public Land Management From: Associate Solicitor, Indian Affairs Subject: Recommendation of the Administrative Conference The Administrative Conference of the United States has adopted a recommendation supporting the concept of an Indian Trust Counsel Authority and requesting the adoption, by Interior, of administrative measures to ameliorate existing conflict of interest problems in connection with Indian natural resource interests. A copy of a letter of July 5, 1972, from the Conference Chairman to the Secretary, together with the adopted recommendation is attached. Attached also is a copy of a letter dated July 11, 1972, from the law firm of Wilkinson, Cragun and Barker, endorsing the action of the Conference and specifically recommending, again, that BIA be given separate legal counsel. At the Conference sessions in June 1972, the Deputy Solicitor appeared for the Secretary and pointed out that the Department already has taken a number of significant administrative steps: (1) the creation of a Deputy Assistant Secretary for Indian Affairs; (2) the establishment of a Water Rights Office, reporting through the Commissioner directly to the Secretary; and (3) an agreement with the Attorney General for the filing, in Indian natural resource cases, of the separate views of the Secretary when his views do not coincide with those about to be taken by Justice. Mr. Coulter advised the Conference that the Department had considered but rejected the concept of separate counsel for BIA reporting directly to the Secretary. The Conference specifically recommends that consideration be given to the treatment of other Indian matters in a manner similar to the treat- ment given water rights. This could take the form of an expansion of the responsibility of the Water Rights Office to include all natural resource interests, thus giving the office the same range of responsibility which the Indian Trust Counsel Authority would have. In the alternative, a separate, but similar office might be established. Reproduced at the Richard Nixon Presidential Library and Museum With regard to separate counsel for the Bureau, a number of alternatives to a complete transfer of responsibility from the Solicitor's Office might be consideredt (1) give the Water Rights Office (in its present or expanded form) separate counsel; (2) reestablish for the Bureau the concept of Chief Counsel, while retaining an Associate Solicitor in the Solicitor's Office. While the recommendations of the Conference are not binding on the Secretary, it is essential, I believe, that their recommendation receive serious consideration. The Chairman has asked that the Solicitor report to him by October 1, 1972, concerning the implementation of this recommendation. Williams Jorshing William A. Gershuny Attachments Blind Copy to: Brad Patterson, The White House Reproduced at the Richard Nixon Presidential Library and Museum DEPARTMENT OF COMMERCE U.S. DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION UNITED simins " AMERICA MIDEASTERN REGIONAL OFFICE 517 NINTH STREET, CHAFIN BUILDING HUNTINGTON, WEST VA. 25701 August 19, 1971 Mr. Floyd McKissick Soul City Manson, North Carolina 27553 Dear Mr. McKissick: This is written to summarize the meeting held here on August 17, 1971, with yourself and other principals of Soul City, Warren County, North Carolina. The preliminary information you presented on your need for the Economic Development Administration to judge whether an application should be submitted to help construct water and sewer facilities and access roads to an industrial park connected with Soul City has enabled us to make the following observations: 1. Under the aegis of McKissick Enterprises, Inc., Soul City would be incorporated under the laws of North Carolina and would provide services to low income people. Soul City will incorporate, and a legal entity will be established to administer, operate, and maintain the above mentioned facilities. 2. This legal entity would become the applicant for EDA financial assistance. 3. The total project cost of this project is approximately $4,800,000. EDA participation, when averaged over a large number of approved projects, is in the neighborhood of $600,000. However, participation by EDA for the proposed Soul City project would be considered at an approximate level of $1,500,000 with the condition that the balance of funds for the project be available through a Department of Housing and Urban Development new cities loan guarantee or other financial means. 4. It should be further noted that your plans to obtain water from Kerr Lake involve the location of water treatment and transmission facilities in Vance County, which is not currently eligible for EDA financial assistance. Expansion of the boundaries of eligible Warren County in which Soul City would be located would be necessary as a part of EDA consideration of an application. Expansion to include the Reproduced at the Richard Nixon Presidential Library and Museum Mr. Floyd McKissick August 19, 1971 - 2 - currently non-eligible areas would, in major degree, be dependent upon the strength of economic justification. If it is merited, expansion might be limited to the designation of a corridor to the treatment plant only. 5. Your plans call for sale of water to the municipalities of Henderson and Oxford in Vance County. Because this is a non- eligible county, EDA will not participate in the cost of transmission lines to these entities. Similarly, EDA would not fund additional treatment capacity necessitated by service outside the area eligible for assistance. However, if these cities become qualified growth centers, this would alter the aforementioned situation. 6. The Economic Development Administration will need an expression from the Department of Housing and Urban Development of its position relative to funding the Soul City venture. It is our understanding that DHUD may consider a loan in connection with the water and sewer project and, in addition, a new communities guarantee. 7. Plans for water and sewer service to residential areas in Soul City are not definite. Although EDA does not condone residential service as such, by its nature the project would require a substantial amount of this type of service. In any case, residential service might need to be extensive in connection with loan funds that would be necessary. We understood that the Department of Housing and Urban Development will be asked to provide grant/loan funds. Every effort to obtain these funds should be made. To summarize, we believe that the project has possibilities that we would like to discuss as plans are developed. Our basic requirements are that facilities to be assisted must be located in an eligible area, that there is a reasonable balance between the cost to EDA and economic justification, and that the financing of the project, apart from EDA participation, is complete and assures that the project can be success- fully carried out. Pleased keep us informed, through Mr. Ronald Ingle, of project developments. We will be ready to meet again as necessary and are available to discuss ideas with Department of Housing and Urban Development representatives and all other parties. Sincerely PAT CHOATE Director Mideastern Regioneproduced at the Richard Nixon Presidential Library and Museum O, DEVELOPMENT ( 7 WASHINGTON, D. C. 20410 F.B. McKissick Enterprises, Inc. ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND MANAGEMENT 2261 ET AON NOV 1 0 1972 Mr. Pat Choate Regional Director, Southeastern Regional Office Economic Development Administration 1401 Peachtree Street, N. E. Atlanta, Georgia 30309 Dear Mr. Choate: This is in reference to water and sewer facilities in connection with Soul City new community project. An offer was recently made to Soul City Development Company for a loan guarantee of $14 million under Title VII, Housing and Urban Development Act of 1970, to assist in financing the development of Soul City new community. However, before the developer can accept the offer, among other conditions, he must provide evidence satis- factory to the Secretary of HUD that there is adequate financing for the Soul City water and sewer facilities. The water and sewer facilities currently proposed for Soul City reflect a modest scaling down of the facilities considered by your office in a letter to the developer dated August 19, 1971, in which EDA committed $1.5 million to the project. The water system aspect of the proposed water and sewer facilities is con- sistent with the regional water system planned to serve the towns of Henderson, Oxford and Soul City. It is planned to design the water intake structure, the discharge header, force main and water treatment plant in such a way that it may be merged with and become part of the regional system when such a system is formed. In the meantime, financing the proposed water and sewer facilities would enable the developer to meet commitments and proceed with the development of Soul City. The estimated cost to construct the water and sewer facilities is $3.5 million. The proposed sources of funds for financing the construction includes $1.5 million EDA grant, $500,000 HUD water and sower grant, $500,000 HUD public Encility loan, $700,000 Title VII Supplementary Grant and $300,000 from the Soul City developer. Coesting commitmed been for FY May 73 74 of his Sapkl. application read money comes would in la Reproduced at the Richard Nixon Presidential Library and Museum in FY tromB subject 2 Discussions with our office of General Counsel have indicated that a letter from EDA in the form attached would be satisfactory evidence (together with HUD's earmarking of funds) to satisfy that portion of the offer of commitment from HUD to the developer relating to the financing of facilities. Similar earmarkings of funds for a $500,000 public facilities loan and a $500,000 water and sewer grant are being concurrently obtained for Floyd H. Hyde, Assistant Secretary for Community Development, and $700,000 is being earmarked from Title VII supplementary grant funds. Your cooperation in this matter is appreciated. Sincerely; Samuel C. Jackson Enclosure cc: McKissick RECEIVED NOV 13 1972 E.B. McKissick Entorprises, Ino, Reproduced at the Richard Nixon Presidential Library and Museum COMMERCE Economic Development Administration UNITED STATES OF AMERICA SOUTHEASTERN REGIONAL OFFICE 1401 Peachtree St. N.E. Atlanta, Georgia 30303 July 12, 1972 8-404-526- 6401 Mr. Floyd B. McKissick RECEIVED JUL 20 1972 80-6407 President McKissick Enterprises, Inc. 360 West 125th Street F.B. McKissick Enterprises, Inc. New York, New York 10027 Dear Floyd: This is in response to your letter of June 26, 1972, concerning the Soul City Project. As you are aware from our several meetings on this project, this Agency has a strong interest in assisting Soul City in the pro- vision of an adequate water source. As you are also aware and as you mention in your letter, there have been some very real financial problems associated with finalizing the project around the Kerr Lake Utilities Company. Further, even the Kerr Lake Utilities Company would be dependent for some interim period in revenues from Henderson and Oxford or the Soul City organization will have to assume long term responsibility for amoritizing a large loan with little or no revenues. Following our last meeting, this office prepared a summary of all possible alternatives for provision of water to Soul City and distributed a copy of such to all participants to our last Atlanta Conference. Included is another copy of this summary. I understand from Dale Jones, our Economic Development Repre- sentative for this project, that during the past week he has conducted several meetings with you, members of your staff and representatives from the cities of Henderson and Oxford on these various project alternatives. From his reports and from your letter, I sense that there is still no common agreement from all interests in this matter as to a workable solution. I also understand that there may be some difficulty in securing certain state monies for this project that were anticipated. I have asked Dale Jones to continue to work with you and the other parties to try to bring this matter to some resolution. The only constraints at this time are the necessity to take a long term look at EDA's potential investment requirements for that economic development district's water works, the limits necessarily placed on us with our limited budget, the necessity for the project to have strong financial and economic development integrity and the assurance that there be long Reproduced at the Richard Nixon Presidential Library and Museum -2- Mr. Floyd B. McKissick July 12, 1972 term operationally commitments to maintain the system by a very solid administrative unit that has strong fiscal capa- bilities. It is hoped that you and the other participants can come to some reasonable resolution of this matter soon. Mr. Jones will continue to assist in any way that this Agency possibly can. If you need further help from this office, please don't hesitate to contact me. Sincerely, Director Southeastern Region - EDA Encl: Summary of Soul City Project Reproduced at the Richard Nixon Presidential Library and Museum I. REGIONAL WATER AUTHORITY (10 Million GPD) Water Only Will provide water for the Cities of Henderson, Oxford and Soul City. EDA and DHUD grants to be 50% of costs with other funds coming from the three Cities based upon usage, i. e., Henderson 60%, Oxford 20% and Soul City 20% and secured by GO bonds. In event Soul City could not use GO bonds it would be necessary for it to come up with cash or another source to finance that portion. Kerr Lake is the source of water (intake) and treatment facility will be designed in a manner to allow for future expansions. Transmission lines will be constructed to each City, however, no distribution of water will be undertaken. Each City must provide for distribution. Under this plan Henderson would abandon present treatment facilities. The Regional Water Authority would be organized as a public body under the laws of North Carolina. It is possible for that portion of project lying within Warren County to receive 60% plus 10% EDD Bonus. II. REGIONAL WATER AUTHORITY (10 Million GPD) Water Only) Same as Option I, except Federal participation would be as shown, which is less than 50%. III. KERR LAKE UTILITIES COMPANY Water Only Will provide water system for Soul City and treatment facility will have capability to insure an adequate water supply for both Henderson and Oxford. Henderson and Oxford would provide own transmission lines and purchase water from KLUC. It is possible for that portion of project lying within Warren County to receive 60% plus 10% EDD Bonus. IV. HENDERSON--Transmission Line Proposal to be built concurrently with KLUC (III above). City to pay 50% of cost with DHUD providing a 50% grant. V. OXFORD--Transmission Line Proposal to be built concurrently with KLUC and Henderson (III and IV above). City to pay 50% of cost with DHUD providing a 50% grant. NOTE: Options IV and V are dependent upon Option III. VI. HENDERSON (10 Million GPD) Water Only Water source from Kerr Lake, treatment facilities and transmission lines to Oxford and Soul City. Oxford and Soul City to pay 50% of cost of transmission lines to their respective City and purchase water from Henderson. Reproduced at the Richard Nixon Presidential Library and Museum 2 VII. KERR LAKE UTILITIES COMPANY-Soul City (Sewer System) Will provide a sewer system for Soul City. Financing- EPA Grant 55%, State Grant 25%, Other Funds 20% to be furnished by the applicant (DHUD Loan, cash, etc.). This option is dependent upon passage of legislation now pending in the North Carolina legislature, and Option III. VIII. KERR LAKE UTILITIES COMPANY Soul City (Industrial Site Access) Will provide access road to an industrial site. Proposal is dependent upon Options III and VII. III, VII AND VIII. KERR LAKE UTILITIES COMPANY--Water, Sewer and Access The combination of these three options will provide Soul City with water and sewer systems, plus an industrial site access road. It would also provide Henderson and Oxford an adequate water supply, which they would purchase from KLUC at a price approximating $.18 to $.20 per 1,000 gallons. Transmission line costs to Henderson and Oxford would be financed by each community--possibly as shown in Options IV and V. NOTE: Dollar amounts shown for each option are not necessarily correct in each instance since specific figures were not available in all cases. The options do, however, reflect practical schemes of financing. Reproduced at the Richard Nixon Presidential Library and Museum