Loading...
HomeMy WebLinkAboutResolution - 241 - Cooperation Agreement - Housing Authority - Low-Rent Housing Projects - 08_23_1979WMM:hw RESOLUTION #241 - 8/23/79 RESOLUTION IBE 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 23rd day of August ,1979. ATTEST• _ 4 Evelyn Gaffga, City Se -Treasurer A2ED- AS TO CONTENT: Vic__i;Fo z Community.Development%CofoTdinator APPROVED AS TO FORM: W. M. McKamie, Assistant City Attorney TIED TO RESOLUTION #241 - 8/23/79 COOPERATION AGREEMENT This Agreement entered into this 23rd day of August , 1979, by and between the Housing Authorit—' y of 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: 1. 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. 3. (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 sha a 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 com- pletion 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 fur- nished 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. a_ *N� DIRK WEST, MAYOR ATTEST: ve lyn _,ga, UW We tary-Treasurer APP-ROVED AS TO FORM: W.M. McKamie, Asst. City Attorney HOUSING AUTHORITY OF LUBBOCK BY Chairman ATTEST: THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Hitr tyn Pic rce a Notary Public in and for Lubbock County, Texas on this day personally appeared of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who being by me duly sworn did depose and.say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this Larrel Notice - 110 words 0 QhL pya r wn rd c 46.54 No. at Lubbock County, Texas and the attached print- ed copy of the Norte- is a true copy of the original and was printed in the Lubbock Avalanche -Journal on the following dates: June 911, 1979 & July 23 • 11979 Pan— M-4809 .�IGTICE OF PUB 'CHEARING OF CITY COUNCIL NOTICE Is hereby given that on LUBBOCK ALANCHE-JOURNAL P.M. nathe city council Chambe0rr Southwestern Newspapers Corporation -, on the Second Floor or the City gall. Lubbock, Texas, a public 'heartn0 will be to consider a - cooperative agreement to be en- tered tnto by and between the City of Lubbock and the Housing Au. Subscribed and sworn to before me this 4, s dayof 19 'sas"o-'r Y •+{ia{� Ihorltyol Lubbock. .,^ Citizens are Invited to attend the hearing to expreya their views Con- �Y carnin9 the proRoseo cannaAgreemerf. w The proposed agree- used agree. ment is available for public Inspec- MARILYN PIERCE tiara la the eemnm07 Dee Mu- ment n t1h�e, Room 1DT M 1M Mu- COMMISSION EXPIRES FEB. 1, 1980 picjtY le rap AIM(Pi. regular Mt - ice court l!bl) A M. fo egad r d ice h l hurt ..MondAT Mtq�y�p,}yyaY FCr rnora .'iMbrma3ktr�I�dYdlYF akl. lSYg. . Notary Public in and for Lubbock County Texas _ THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Harilyn-pierce a Notary Public in and for Lubbock County, Texas on this day personally appeared—j.—G. Rickman, Business HanaLler of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this I v ant NotIrc — 119 words fa 44;lf car word = 54-74 No. SA964 at Lubbock County, Texas and the attached print- ed copy of the Nn*illi-a is a true copy of the original and was printed in the Lubbock Avalanche -Journal on the'following dates: June 22 a 1999 & July 23 a 1999 P.Q. N—lAn9 • NOTI,� F �l1ELIC HEAitllgi; � OF CITYCOUNCIL NOTICE is hereby given that on - 6 ¢6b Manage r Thursday, Auyuit 24, 1979 at 2:00 P.M. in the Clty Council LUBBOCK AVALANCHE -JOURNAL Chamber on the. Second Floor of the City -hearing Lubbock, public Southwestern Newspapers Corporation held to ca ld� at r Cooperative agreement to be en- fared Into by and between/he City - of Lubbock and the Housing At, thority of Lubbock.. . Citizens are Invited to attend the . Subscribed and sworn to before me this i g t day of A itotis,x q�y 197S hearing to express their views con- cerning the proposed Cooperative Agreement, The. proposed agree- _ (`��}//�� ment is available for public inset^.- `///!h,l/ i1V /WA-�^"J r'� _,n In the Commlm/7y pevNop- Room MARILYN PIERCE ant Office. 20r of iht Mu- nicipatBvildingduringregularoft- hours 9:00 MY COMMISSION EXPIRES FEB. 1, 1980 ce A M, to SjP0 P.M., MondayinroypA `W�9pr"'era informetlon �' . ,. eatlQe{IFi :Y. 2pp. :,, Notary Public in and for Lubbock County Texas.