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Home My WebLink AboutOrdinance - 663-1941 - Approving Cooperation Agreement Between Lubbock And Housing Authority - 03/04/1941\ '\ \ \ \ \ \ \ \ \ \ The following ordinance who moved its adoptjon : ·.vas introduced by Mro Jones ORDiiwi.HCE NO~ 663 03-014--J.94 t 03-\ 3-\...9 4-, AN ORDIFANCE APPROVING AND AurJIORIZING T.!.E .E..'CECUTION OF A COOP.ERATION. AGR~ELE!IT BETWEEN THE CITY OF LUBBOCK 9 TEXAS, MD T IE :rot:SING AU'rHORITY OF THE crrY OF LUBBOCK:o TEXASo ~.'l.HEP..EAS, the Housing Authority of the City ot Lubbock~ Texas, proposes to develop and administer a low-rent housing .t.Jroject or low-rent housing pt'ojects consisting of approximately one hundred trirty (130) dwelling units; and ·,liill:1EAS 1 tl1ere exists in the City of Lubbock~ Texas·.~ unsafe and insan1 tary dwelling accoill!'1oda tions of a number gres.tly in excess ot' said one hundred thirty ( 130) dv"elling units which are occupied by families of low income and which constitute a menace to the health~ safety, morals ani welfare of the inhabitants of the City; and 'r:EREAS, there are now families of low income in the City of LuQbo c kp Texas, of a number greatly in excess of one hundred thirty (130 ) who are forced to inhabit such unsafe and insanitary dwelling aocol:!m>dations, because priva·te enterprise has not been able to make available to such families, safe and sanitary dwelling accommodations at rentals which such low income families can afford to pay; NO If , T.'J: REFORE, BE I':' ORDAD"ED BY T"':!: Ccniill iss i oner s of the CITY OF LU mom~~)) TEX:\S: Section lo Th3t the City of Lubbock, TexasJ shall ente~ into a Cooperation Agreement w.ith the Housing Aut.!lori t.y of the Clty of Lubbock~ ·Texas, in substantially· tbe following form: I CUUJ.J.C::t.~ TIO AG REEJ\JE~""r --- (1) The Housing Authority of the City of Lubbock, Texas, (hereinafter called the "Authority"') agrees to undertake, develop and administer a low-rent housing Pro:,ect or low-rent housing Projects in the City of Lubbock~ Texas, (hereinafter called, the "Cj ty") and to endeavor to secure a contract or contracts with the United States Housing Authority for Federal ar~ual contributions to assist in the adminis- tration of such Project or lrojectso (2) In consideration therefor the City agrees that, as a part of such Project or ProjectB, it will eliminate by demolitionp condemnation effective closing, or by compulsory repair or improvement, a number of unsafe or insanitary dwellin units within its ju.risdictional limitsil at least equal in number to the number of new dwelling units to be provided in said Project or .t-rojects to be undertaken by the Authority less the number, if any, of unsafe or insanitary dwelling units which will be eliminated on the site or sites of the Project or ~rojects by the Authority during the development thereof, but in no event to exceed three hundred {300) unsafe or insanitary dwelling units; and the City further agrees that, with :respe ot to each Project , a number of such·unsate and unsanitary dwelling units equal to at least the number of new dwelling units constructed in such Project will be so eliminated within one year after the date when such Project is sub- stantially ready in its entirety for occupancyo The City agrees to eliminate such unsafe or insanitary dwe~ling units in one or the other of the following ways, or partly in one of these ways and partly in another: (a) {b) ( c ) By demolishing dwelling ~nits which are on land acquired by the City by purchase or otherwise, including demolition of such dwelling units on land purchased for any public uses; or By causing the compulsory demolition, effective closing, repair or improvement of such unsafe and insanitary dwelling units; or ~' inducing private owners voluntarily to damolish or effectively close such dwelling unltsc. In computing the number of unsafe or insanitary dwelling units eliminated under the terms of this hgreement~ there shall be included all unsafe or insanitary dwelline., units eliminated under this Agreement from the date hereof; provided, however~ that all unsafe or insanitary dwelling units eliminated by the vi ty prbr to the date of this Agreement and subse~uent to December 28v 1939~ will be counted as elimination under this Agreenent if it is satisfactorily established that such eliminatio~ was undertaken in anticipation of the execution of this Agreement or in anticipation of the development of the Project or Projectso For the purpose of this At;.reer ent. a dwelling unir. shall be considered unsafe or insanitary whenever by reason of dila0idation, faulty arrangement or design, lack of ventilation) light or sanitation facilities, or any combination of these factors, it is detrimental to safety, health or morals~ {3} The City further agre~s that during the period commencing with the date of the acquisition of any part of the site or sites of each f,roject and continuing throughout the useful life of such Projectp it will not levyp impose or charge any taxes, special assessments~ service fees p changes or tolls agalnst the Project or against the Authority for or with respect to the Project and that it will furnish, without cost or charge to the Authority and the tenants of each Project, the usual municipal services and facilities which are or may be furnished without cost or charge to other dwellings and inhabitants in the City, including but not limited to: fire, police and health prot-7ction and services, street ma.i ntenance and repair, garbage, trash and ash collection and disposal» street li~hting on p1Jblic streets w:tthin.a.ny Project and on the .boundaries thereof, and sewer servioes~ The term -useful life of suoh Project• as used in this paragraph, shall mean the period or physical usefulness of the particular Project for the purpose of providing dwelling acoammodat1ons 9 but in no event less than the number of years during which any of the bonds issued to aid in financing the development of such Project or any bonds issued to refund such bonds shall remain outstandingo (4) '.L'he City further agrees to waive any building l1l1 l ns ction fees to which the Authority or its Projects might otherwise be or become. subjecto (5) The City further agrees to cooperate with the Authority by planning or replanning, zoning or rezoning to an appropriate site and neighborhood classification any area in the City within which the Project shall be located, by vacating without charge to the Authority any streets, ro ads, roadways, alleys, sidewalks, or other places {which the Authority finds are necessary in the development ot the Project) in the area of the Projeot or adjacent thereto, by accepting for municipal purposes land which may be owned or acquired by the Authority and which the Authority determines to use for streets and alleys within the boundaries of the Project for the purpose ot providing ingress thereto and egress therefrom, and by such other lawful action or ways as the City and the Authority may find necessary in connection with the development and construction of the Project or Projectso (6) The City and the Authority agree that this contract shall not be abrogated, changed or modified so long as any bonds issued to aid in financing the development of any Project or Projects to which this contract relates or any bonds issued to retund suoh bonds shall remain outstanding and unpaid and so lenses the title to said Project or Projects (except for the lien or title conveyed to secure any bonds or other evidences of indebtedness issued to aid in the financing of the Project or Projects or to secure any bonds or other evidences of indebtedness} is held by the Authority or some other public body or governmental agency authorized by law to engage in the development or administration or low-rent housing projects; Provided that this A reement may be abrogated by the City if an Annual Contribution ~ontract is not made with the United States Housing Authority with respect to one or more Projects within twelve months from the date hereofo IN WITNESS WHEREOF, the City of and the Housing Authority of the City--of~--~~~~------~ have respectively caused this ~reement to be duly executed in triplicate as of the __ day of _ __, 194_. (Seal) ATTEST: City Secretary:------- (Seal) ATTEST: Seoretary. HOUSING AUTHORITY OF THE CITY OF ----·---- ey --------~~-----Chairman ,;.) -v- Section 2.. I'hat the l~:s.yor of tl1e City of Lubbock, Texas~ is hereby authorized and directed to execute in triplicate a cont~act i '1 substantia12.:· the form set forth in. Jection l hereof on behalf of the City 9f Lubbock, Texas, md the City Secretary _ of 'tl.e Ci. ty of Lubbock, ':'ex:as J is hereby authorized and directed to hupres~ thereon the corporate seal of the City of l-ubbock and to attest the same. clection 3. T~1is Ordinance shall be in full 'force and effact from and after its p~-J.ssage .. The motion to adopt said Ord:i.nance 'Nas seconded by J~r. ;:c11~illJ3.n, a·1d upon roll call the followlng voted Aye: ComrJiss5.o'1ers Jones:; l1ci1:i.llan and l·ewsom .. and the followinr~ vr•ted NAY: :""oneo . Tnereu.;on the 1.:a3'or declared said Ordinance duly adopted a.1d pa f J O:H~ ::L, Passed and apprcved l)y the-: Cit.,' Commission this the 4th day of l~7archf. 1941, .:'irst reani 1-';o Passed and ap~r( yed ")'j" ·~·1e Ci .. 1 Col'l!'':i::-sicn t~ic:; the l3'th dH. • of Karc'll, 1941~ second re di ,. C E Slaton __.¥"<'~ _______ , l~yor _____ L ........ {Seal)