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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: .2- w (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 .4r