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HomeMy WebLinkAboutResolution - 4238 - Cooperation Agreement - LHA - Low-Rent Housing Projects - 08_26_1993Resolution No. 4238 August 26, 1993 Item #37 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Cooperation Agreement between the City of Lubbock and the Housing Authority of the City of Lubbock. Said Agreement is attached hereto and incorporated in this Resolu- tion as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 26th day 1pf ugus _ , 1993. ATTEST: Bietty 7. o nso , City Secretary APPROVED AS TO CONTENT: Sandy Og tree allousing & Community Developm nt Administrator APPROVED AS TO FORM: Jbff'Hartseil, Assistant City Attorney JH:Ja/COOPAGMT.RES D2-Agenda/August 17, 1993 Resolution No. 4238 August 26, 1993 Item #37 COOPERATION AGREEMENT BETWEEN THE HOUSING AUTHORITY OF THE CITY OF LUBBOCK, TEXAS This Agreement entered into this 26th day of August 1993, by and between the Housing Authority of the City of Lubbock, Texas, (herein called the "Local Authority") and the City of Lubbock (herein called the "Municipality"). follows: WITNESSETH: In consideration of the mutual covenants hereinafter set forth, the parties hereto do agree as Whenever used in this Agreement: (a) The term "Project' shall mean any low -rent housing hereafter developed as an entity by the Local Authority with financial assistance of the United States of America (herein called the "Government'), pursuant to the United States Housing Act of 1937, as amended and the Department of Housing and Urban Development Act; excluding, however, any low -rent housing project covered by any contract for loans and annual contributions entered into between the Local Authority and agencies of the Government prior to the date of this Agreement. (b) The term "Taxing Body" shall mean the State or any political subdivision or taxing unit thereof in which a Project is situated and which would have authority to assess or levy real or personal property taxes or to certify such taxes to a taxing body or public officer to be levied for its use and benefit with respect to a Project if it were not exempt from taxation. (c) The term "Shelter Rent" shall mean the total of all charges to all tenants of a Project for dwelling rents and nondwelling rents (excluding all other income of such Project), less the cost to the Local Authority of all dwelling and nondwelling utilities. (d) The term "Slum" shall mean any area where dwellings predominate which, by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light or sanitation facilities, or any combination of these factors, are detrimental to safety, health, or morals. 2. The Local Authority shall endeavor (a) to secure a contract or contracts with the Government for loans and annual contributions covering one or more Projects comprising approximately seven hundred (700) units of low -rent housing and (b) to develop and administer such Project or Projects, each of which shall be located within the corporate limits of the Municipality. The obligations of the parties hereto shall apply to each such Project. 3. (a) Under the constitution and statues of the State of Texas all Projects are exempt from all real and personal property taxes and special assessments levied or imposed by any Taxing Body. With respect to any Project, so long as either (i) such Project is owned by a public body or government agency and is used for low -rent housing purposes, or (ii) any contract between and the Local Authority and the Government for loans or annual contributions., or both, in connection with such Project remains enforce and effect, or (iii) any bonds issued in connection with such Project or any monies due to the Government in connection which such Project remain unpaid, whichever period is the longest, the Municipality agrees that it will not levy or impose any real or personal property taxes or special assessments upon such Project or upon the Local Authority with respect thereto. During such period, the Local Authority shall make annual payments (herein called "Payments in Lieu of Taxes") in lieu of such taxes and special assessments and in payment for the Public services and facilities furnished from time to time without other cost or charge for or with respect to such Project. (b) Each such annual Payment in Lieu of Taxes shall be made after the end of the fiscal year established for such Project, and shall be in an amount equal to either (i) ten percent (10%) of the aggregate Shelter Rent charged by the Local Authority In respect to such Project during such fiscal year, or (0) the amount permitted to be paid by applicable State law in effect on the date such payment is made, whichever amount is the lower. (c) The Local Authority shall distribute the Payments in Lieu of Taxes among the Taxing Bodies In the proportion which the real property taxes which would have been paid to each Taxing Body for such year if the Project were not exempt from taxation bears to the total real property taxes which would have been paid to all Taxing bodies for such year if the Project were not exempt from taxation; Provided, however, that no payment for any year shall be made to any Taxing Body in excess of the amount of the real property taxes which would have been paid to such Taxing Body for such year if the Project were not exempt from taxation. (d) Upon failure of the Local Authority to make any Payment in Lieu of Taxes, no lien against any Project or assets of the Local Authority shall attach, nor shall any interest or penalties accrue or attach on account thereof. 4. During the period commencing with the date of the acquisition of any part of the site or sites of any Project and continuing so long as either (i) such Project is owned by a public body or governmental agency and is used for low -rent housing purposes, or (h) any contract between the Local Authority and the Government for bans or annual contributions, or both, in connection with such Project remains in force and effect, or (III) any bonds issued in connection with such Project or any monies due to the Government in connection with such Project remain unpaid, whichever period is the longest, the Municipality without cost or charge to the Local Authority or the tenants of such Project (other than the Payments in Lieu of Taxes) shall: (a) Furnish or cause to be furnished to the Local Authority and the tenants of such Project public services and facilities of the same character and to the same extent as are furnished from time to time without cost or charge to other dwellings and inhabitants in the Municipality; (b) Vacate such streets, roads, and alleys within the area of such Project as may be necessary in the development thereof, and insofar as allowed by State law, convey without charge to the Local Authority such interest as the Municipality may have in such vacated areas, and, Insofar as it is lawfully able to do so without cost or expense to the Local Authority or to the Municipality, cause to be removed from such vacated areas, insofar as it may be necessary, all public or private utility lines and equipment. (c) Insofar as the Municipality may lawfully do so, (i) grant such deviations from the building code of the Municipality as are reasonable and necessary to promote economy and efficiency in the development and administration of such Project, and at the same time safeguard health and safety, and (ii) make such changes in any zoning of the site and surrounding territory of such Project as are reasonable and necessary for the development and protection of such Project, and the surrounding territory; (d) Accept grants of easements necessary for the development of such Project; and (e) Cooperate with the Local Authority by such other lawful action or ways as the Municipality and the Local Authority may find necessary in connection with the development and administration of such Project. 5. In respect to any Project the Municipality further agrees that within a reasonable time after receipt of a written request therefor from the Local Authority: (a) It will accept the dedication of all interior streets, roads, alleys, and adjacent sidewalks within the area of such Project; together with all storm and sanitary sewer mains in such dedicated areas, after the Local Authority, at its own expense, has completed the grading improvement, paving, and installation thereof in accordance with specifications acceptable to the Municipality; (b) It will accept necessary dedications of land for, and will grade, improve, pave, and provide sidewalks for, all streets bounding such Project or necessary to provide adequate access thereto (in consideration whereof the Local Authority shall pay to the Municipality such amount as would be assessed against the Project site for such work if such site were privately owned); and (c) It will provide, or cause to be provided, water mains, and storm and sanitary sewer mains, leading to such Project and serving the bounding streets thereof (in consideration whereof the Local Authority shall pay to the Municipality such amount as would be assessed against the Project site for such work if such site were privately owned). 6. If by reason of the Municipality's failure or refusal to furnish or cause to be furnished any public services or facilities which it has agreed hereunder to furnish or to cause to be furnished to the Local Authority of the tenants of any Project, the Local Authority Incurs any expense to obtain such services or facilities then the Local Authority may deduct the amount of such expense from any Payments in Lieu of Taxes due or to become due to the Municipality in respect to any Project or any other low -rent housing projects owned or operated by the Local Authority. 7. No Cooperation Agreement heretofore entered Into between the Municipality and the Local Authority shall be construed to apply to any Project covered by this Agreement. 8. So long as any contract between the Local Authority and the Government for loans (including preliminary loans) or annual contributions, or both, in connection with any Project remains in force and effect, or so long as any bonds issued in connection with any Project or any monieds due to the Government in connection with any Project remain unpaid, this Agreement shall not be abrogated, changed, or modified without the consent of the Government. The privileges and obligations of the Municipality hereunder shall remain in full force and effect with respect to each Project so long as the beneficial title to such Project is held by the Local Authority or by the Government or by any other public body or governmental agency authorized by law to engage in the development or administration of low -rent housing projects. If at any time the beneficial title to, or possession of, any Project is held by the Government, other public body or governmental agency, the provisions hereof shall Insure to the benefit of and may be enforced by the Government, such other public body or governmental agency. IN WITNESS WHEREOF, the Municipality and the uthority have respectively signed this Agreement and caused their seals to be affixed and atte d as oft day and ye hove written. ATTEST: CITY LU BOC Betty Johnson, City Secre ry-Treasurer DAVID APPROVED AS TO CONTENT: Sandy Ogletre VousIng & Community Development Coordinator APPROVED AS TO FORM: Hartsell, Assistant City Attorney ATTEST. 6?4 '4 By: Secretary Chairman