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HomeMy WebLinkAboutResolution - 038 - Cooperation Agreement - Housing Authority - Low-Rent Housing Project - 01_11_1979RESO - 38 1-11-79 a, t RESOLUTION r 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 Housing'Authority of the City of Lubbock and the City of Lubbock attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this llth day of January ,1979. 20��p D ST, MAYOR ATTEST: E lyn -Aga, ' ga, ty Se a Treasurer APPROVED As --TO CONTENT: Rick Childers, Administrative Assistant APPROVED AS TO FORM: ohn C. Ross, Jr., City Attorney COOPERATION AGREEMENT This Agreement entered into this 11th day of January 1979, by and between the Housing Authority oT CITY OF LUBBOCK, (herein called the "Local Authority") and CITY OF LUBBOCK (herein called the "Municipality"), WITNESSETH: In consideration of the mutual covenants hereinafter set forth, the parties hereto do agree as follows: 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 Unites States of America (herein called the "Government"), pursuant to the United States Housing Act of 1937, as amended, and the Depart- ment 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 Govern- ment 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 200 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. (a) Under the constitution and statutes 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 governmental agency and is used for low -rent housing purposes, or (ii) any contract between the Local Authority and the Government for loans or annual contri- butions, 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, which ever period is the longest, the Munic- ipality 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 Author- ity 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 (ii) 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 pro- portion 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 -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. The Municipality agrees that, subsequent to the date of initiation (as defined in the United States Housing Act of 1937, as amended) of each Project and within five years after the completion thereof, or such further period as may be approved by the Government, there has been or will be elimination (as approved by the Government) by demolition, condemnation, effective closing, or compulsory repair or improvement, of unsafe or insanitary dwelling units situated in the locality or metropolitan area in which such Project is located, substantially equal in number to the number of newly constructed dwelling units provided by such Project; Provided, That, where more than one family is living in an unsafe or in- sanitary dwelling unit, the elimination of such unit shall count as the elimination of units equal to the number of families ac- commodated therein; and Provided, further, That, this paragraph 4 shall not apply in the case o i) any Project developed on the site of a Slum cleared subsequent to July 15, 1949, and that the dwelling units eliminated by the clearance of the site of such Project shall not be counted as elimination for any other Project or any other low -rent housing project, or (ii) any Project located in a rural nonfarm area. 5. During the period commencing with the date of the acqui- sition of any part of the site or sites of any Project and con- tinuing so long as either (i) such Project is owned by a public body or governmental agency and is used for low -rent housing pur- poses, or (ii) any contract between the Local Authority and the Government for loans or annual contributions, or both, in con- nection 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 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 neces- sary to promote economy and efficiency in the develop- ment 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 sur- rounding 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 Projects; 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. 6. 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 with- in 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 side- walks 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). 7. 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 or to 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. 8. 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. 9. 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 monies due to the Government in connection with any Project remain unpaid, this Agreement shall not be abro- gated, 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 inure to the benefit of and may be enforc- ed by the Government, such other public body or governmental agency. IN WITNESS WHEREOF, the Municipality and the Local Authority have respectively signed this Agreement and caused their seals to be affixed and attested as of the day and year first above written. ATTEST: EVelyn Gatfga, CitJ 11W etary-Treasurer Approved as fA forrm Juan C. Ross, Jr., Cfty Attorpay WITNESS: RK WEST, MAYOR HOUSING AUTHORITY OF B GIN` Chairman Certifications for This resolution and Agreement, as well as Notice of Public Hearing and excerpts from the Minutes of January 11, 1979 were prepared in triplicate for the Lubbock Housing Authority (Mary Myers, April 25, 1979) THE STATE OF TEXAS COUNTY OF LUBBOCK CITY OF LUBBOCK I, EVELYN GAFFGA, City Secretary -Treasurer of the City of Lubbock, Texas, do hereby certify that the attached are true and correct copies of excerpts from the City Council Minutes, and appear of record in Minute Book No. 38, Page 4, Item 10, of the Minutes of the City Council of the City of Lubbock. TO CERTIFY WHICH, witness my hand and the seal of the City of Lubbock, Texas, this 25th day of April, 1979. (Seal) EVELYN GAFFGA City Secretary -Treasurer NOTICE OF PUBLIC HEARING OF CITY COUNCIL NOTICE is hereby given that on Thursday, January 11, 197 at 10:30 A.M. in the City Council Chamber on the Second Floor of the City a , u bock, Texas, a public hearing will be held to consider a cooperative agreement to be entered into by and between the City of Lubbock and the Housing Authority of Lubbock. Citizens are invited to attend the hearing to express their views concerning the proposed Cooperative Agreement. The proposed agreement is available for public inspection in the City Manager's office, Room 204 of the Municipal Building during regular office hours 8:00 A.M. to 5:00 P.M., Monday through Friday. For more information call 762-6411, ext. 2004. I HEREBY CERTIFY THAT THIS NOTICE was published this loth day of November, 1978. f EVELYN GAFFGA City Secretary -Treasurer ,P1 V YMi O,. .� 1 o REGION VI FEDERAL BUILDING 1100 COMMERCE STREET DALLAS, TEXAS 75242 1b 0 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AREA OFFICE 2001 BRYAN TOWER - FOURTH FLOOR DALLAS, TEXAS 75201 i Lubbock Housing Authority 1 -515 N. Zenith -lubbock, Texas 79403 IN REPi_V REFER TO: 6.lHDH:GC During the last two fiscal years we have notified Housing Authorities and cities in our area of the availability of funds to construct public housing units. Applications from various Housing Authorities have not included a valid Cooperation Agreement between the city and the Housing authority to cover the new units. Since it is essential such an Agree- ment exists, these applications were rejected. This situation can'be prevented. If you intend to apply for any public housing units in the future, please carefully review your existing Cooperation Agreements to make certain sufficient units remain to permit the additional units. If you'intend to form a. Housing Authority in order to apply for these units, or if you find a new Cooperation Agreement must be executed, please contact this office for assistance. The Notice of Intent to enter into a Cooperation Agreement must be published for a minimum, of 60 days. Therefore, it is important that the necessary steps to be,in a position to apply for the units be started well in advance of the time of our Notification of Housing Availability (NOHA). If you have any questions in this regard, please contact the Multifamily Housing Program Branch at (214) 749-1655. Sincerely, ' / W oy W. Flieller. Director Housing Division 73 Febtucry 1970 INSTRUCTIONS FOR S'JPMISSION OF ORG.1NI?AT30:4 TRAtISCRLPTS AND COOPrWaION. AGRU: n::N'r DOULPI::rTPS FOR CITIES IN TEXAS The following documents are to be furnished the Dapartmcnt of Housing and Urban Development, 819 Taylor Street, Fc.rt Worth, Texa.,; 76102 1. TRANSCRIPT OF ONGAN_IZtTION PROCREDINCS. Return threw ee:tificd euplc 6 c!' ,the co:.iplete transcript ruflectinR the organizational proceeuings or tf.e City .fit. and Housing Authority. ,Each transcript should include a certified ropy of either. the Articles of Incorporation or City Charter to evidence the legal ' organization of the Municipality. All certificates contained in the Iran - scripts must be manually signed and bear original impression;. of seals. Sub- mission of the transcripts should not be delayed until completion of the Cooperation Agreement documents. .2�LAFF¢DAVITS OF PUBLICATION. Send three Affidavits of Publication of .Notice of Intent of City Council to enter into a Cooperation Agreement with the Fous-. ing Authority. pare should be talen to allow the full 60-day statutory period to elapse between the time that the City advertises its intentior to enter into a"Cooperation Agreement with the Housing Authority and the ti!ue that the City and th Housing Authority authorize snd approve the execution of the Agreement. A1.3 EXTRACT OF MINUTES OF LOCAL GO`dERINING BODY E:UTHORI2ING CC)OPERATr.0%N AGREUIENT. j, lease send us three certified copies of extractf. of minute's.of the City Council meeting adopting a resolution approving the Cooleration Agreement. An exhibit ,copy of the Cooperation Agreement should be attached to each copy of the resolu= tion. r 4. EXTRACT 'Or MINUTES OF HOUSING AUTHORI•rY AUTFOSIEING C'OOPF ATION AGRErML%T. Send us three certified copies of extracts of minutes of the IIousin€ Authority's .�•� meeting showing adoption. of a resolution a•; provitS the Cooperation 4greemeiit. . An exhibit copy of the Cooperation Agreement should be attached to each copy of the resolution. G�5 COOI�ERATION AGREEMENT. Please provide us with five fully executed copies of the Cooperation Agreement signed and sealed, by the duly authorizad officers of the pity and Housing Authority. 6! EX .ACT OF MINUTES OF LOCAL GOVERNING "BODY APPROUIICG APPLICATION. Send us. one certified copy of extract of minutes of the City.Council meeting showing adoption of a resolution approving the application for a program reservation. 7. EXTRACT OF MINUTES OF HOUSING AUTHORITY AUTHORIZING SUBMISSION OF APPLIC•ATION. Send us one certified copy of extract of minutes of the Houei►g Authority peeting t showing adoption of a resolution authorizing submission of application for a pro- gram'reserration and a preliminary loan. If a special meeting is held, the transcript of minutes of thca meeting must include a copy of the member's Waiver of Notice of and Consent to Special Meeting. NOTE: " The foregoing requests pertaining to "Resolutions" of the govcvnin.- bodies of the Cities are subject to the rules and regulations of the Cities and the StaLe Lows which govern their actions. Whenever required by law or. rules of pruceduye, Ordinances should be adopted instead of resolutio-is by the governing body of the City.