HomeMy Public PortalAboutORD08371 1
Ordinance No.
AN ORDINANCE AUTHORIZING THE CITY OF Jefferson , MISSOURI TO ENTER-
INTO A COOPERATION AGREEMENT WITH THE HOUSING AUTHORITY OF THE CITY OF
Jefforson MISSOURI„ PERTAINING TO A IOW RENT HOUSING PROJECT.
BE IT ORDAINED BY THE City Council OF THE CITY OF . Jefferson
MISSOURI, AS FOLLOWS;
WHEREAS, Pursuant to Section 99.040, R.S. Mo. 1959, there has been created, and
is now existing a Municipal Corporation known as "Housing Authority of the City of
Jefferson �, Missouri"; and
WHEREAS, it has been found, .td is hereby declared to be for the best interest
of the City of Jefferson —, Missouri and in furtherance of the purposes
of the Housing Authorities Law and the State of Missouri that the City of Jefferson .
Missouri, enter into a Cooperation Agreement with the Housing
Authority of the City of Jefferson ,. Missouri, said Cooperation
ement, hereby marked Exhibit "A", attached hereto, and fully incorporated herein
as a part thereof by reference thereto.
NOW, THEREFORE, BE 'IT ORDAINED, that the City of Jefferson , Missouri,
be and hereby is authorized to enter into a Cooperation Agreement with the Housing
'Authority of the City of Jefferson- Missouri, said Cooperation Agree-
men- hereby marked Exhibit "A" attached hereto, and
fully incorporated herein as a part hereof by reference thereto; and the Mayor of
the City f Jefferson
y Missouri, io,hereby authorized and directed,
in behalf of the City of Jefferson Missouri, to execute said
Cooperation'Agreement marked Exhibit "A", with the Housing Authority of the City of
Jefferson , Wiasouri, 4his Ordinance to be in full force
an effect i=ediAtely upoa passage and approval.
May-.
Read the Third time, passed and approved this � � day of ,
19p. .
ATTEST:
ity Clerk -
1
COO:Tr.ATXON At 7.rr. r;r
This Agreement entered into this day of ,••,,,,,_,�„_� 19�,
by and between the dousing Authority of the City of Jefferson, Missouri
('herein called the "Local Authority") and the City of Jefferson -,
(herein called the "Municipality"), W12I"MSSETH:
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 rzean 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 dousing Act of 1937,
as amended, and the Department of dousing 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 o Project is situated
and which would have authority to aaaQsa 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- banefit with respect to a
Project if it were not exempt from. taxation, ,
(c) The term "Shelter Rant" shall =*an the total of all' charres
to all tenanto of a Project for dwelling rents and nondwellina „
rents (excluding all other income of such Project), less the coat
to the Local Authority of all dwellin3 0* :d nondwell.ing utilities.
(d) The term ",Slum" shall mean any area where• dwellings predominate
which, by reason of dilapidation, overcrowding, faulty. orxangement
or design, lack of ventilation, liSht or sanitation facilities, or
any combination of thefte factors, are detrimental to safety, health -
or morals.
The Local Authority ahall endeavor (n) to secure a contract or contracts
with the Government for loans and annual contributions covering one or more Projects .
comprising approximately 112 units of lass-rent housing and (b) to develop
and administer such Project or P::oject®, each of w6 ich 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 statutas of. ,the•State of Missouri
all Projects are exempt from all real .and personal property taxed and
special assessments levied or impoaed by any Taxing Body. With respect to
any Project, so long as either (i) ouch Project is owned by a public body
or governmental agency and is uGad for low-went housing purpooes, or (ii)
any contract between the Local Authority and the Government for loans or
annual contributions, or both, in connection with ouch Project ramatins
in force and effect, or. (iii) any' bondo ianued in connection with such
Project or any monies due to. the Govornmont in connection with such
Project remain unpaid, whichever poriod to the 1=32fit, the Municipality
agrees that it will not' levy or imp000 any real or personal property
taxes or special aasesa=nta upon auch Project or uron .the Local Authority
with roapoct thereto. Durino ouch period, the Local Authority shall make
annual payments (herein called "Poyrcnto in Lieu of Taxes") in licu of
such taxes and special asaoocr-onts and its payment for the Public aarvicea
and facilities furnished,from time to tit4 without; othar cost or charge
for or with respect to such-Project.
Exhibit "A"
(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 hither (i) ten percent (lA%) of the aggregate
Shelter Rent Charged by the Local Authority in respect to such Project
during such fiacal 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 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 ,againot 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
ned 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 plosing, 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 insanitary dwelling unit,
the elimination of such unit shall count as the elimination of units equal to tier
number of families accommodated therein; and Provided, further, That, this paragraph
4 shall not apply in the case of (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 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 (ii) any contract between the Local Authority and the Government for
loans or annual contributions, or- both, in connection with such Project remains in
f1ft and- effect, or (iii) any- bonds issued in. connection with such Project or any
mo es due to the Government in connection with such Project remain unpaid, which-
ever period is the longest, the Municipality without cost or charge to the Local
u 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 serviFea and facilities of the same
character and to the sarae extent as are furnished from time to time
without cost or charge to other dwellings ard '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 Focal Authority or to the Munici-
pality, cause to be' removed from such vacated areas, insofar as it may
be necessary, all public or private utility lines and equipment:
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(c) Insofar as the Municipality may lawfully do so, (i) grant such
deviations from the building code of the Municipality as are reason-
able and necessary to promote economy and efficiency in the develop-
ment and administration of such Project, and at the same time safe-
guard 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.
6. In respect to any Project the Municipality further agrees that wirbin 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 specificationa 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 considera-
tion 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 MunicipAli.ty in respect to any Project or
any other low-rent housing projects owned or operated by the Local Authority.
8. Wo Cooperation Agreement heretofore entered into between the Municipality
and the Local Authority shall tie 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 a's 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 abrogated, changed, or modi-
fied 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 Author-
ity 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 away be enforced by the Government, such other public
body or governmental agency,
-3- ,
IN WITNESS WHEREOF, the Municipality and the Local Authority have respectively
signed this Agreement and caused their souls to be affixed and attested as of the
day and year first above written.
•
(SEAL)
Attost: By.
Mayor
(Title)
HOUSING AUTHORITY OF
(SEAL)
A .
. By •
Chairman
Secretary
4P
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