HomeMy Public PortalAboutORD06589 too
after its passage and approval.
Passed: March 10, 1958 Approved: 3112/1958 ----
�_� „j
Arthur W. Ellis /s/ Arthur W. Ellis sL ,,,,,_,.,!'
PRESIDENT OF THE COUNCIL MAYOR
,
ORDINANCE NO. 6589
AN ORDINANCE PROVIDING FOR THE IMPROVEMENT OF THE ROADWAY OF
RIDGEWOOD DRIVE IN THE BLOCK FROM THE CENTER.OF THE IN'T'ERSECTION OF
RIDGEWOOD DRIVE AND HART STREET TO THE CENTER OF THE INTERSECTION OF
RIDGEWOOD DRIVE AND THE WEST LINE OF LOT 6 BLOCK 3:,JEFFERSON HEIGHIS
IN THE CITY OF JEFFERSON, MISSOURI, BY PAVING WITH PORTLAND CEMENT
CONCRETE PAVEMENT.
,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF JEFFERSON, AS FOLLOWS: `
SECTION 1. Whereas, it was heretofore found and declared by the
City Council, by its resolution, passed and approved on January 6th
1958 necessary to pave with portland cement concrete the roadway of
Ridgewood Drive in the block from the center of the intersection of
Ridgewood Drive and Hart Street to the center of the intersection of
Ridgewood Drive and the west line of lot 6 Block 3 Jefferson Height
and it appearing to the City Council that said resolution has been
duly published according to the law for more than seven (7)
consecutive insertions, in the Post-Tribune, a daily newspaper,
printed and published in the City of Jefferson, Missouri, and a
majority of the resident owners of property along said section of
Ridgewood Drive liable for the costs of said improvement, and who
own a majority of the front feet on said Ridgewood Drive intended
to be improved, have not Filed with the City Clerk a protest
against said contemplated improvement.
SECTION 2. That the said road of Ridgewood Drive, from the inter-
section of Ridgewood Drive and Hart Street to the intersection of
Ridgewood Drive and the west line of lot 6 Block 3 Jefferson Height
in accordance with the plans and specifications submitted by the ��
City Engineer and filed in the office of the City Clerk, and that
the total cost of the work aforesaid shall be charged and levied as
a special assessment against the real estate abutting and fronting
on said contemplated improvement, and special tai: bills shall be
issued therefor, as provided in the City Charter, and in Sections
826, 827, 828, and 829 of Chapter 10 of the Revised.Ordinances of
The City of Jefferson, Missouri, 1956, and of the R wised Statues �
of the State of Missouri, 1949, and amendments there'to.
SECTION 3. The City Engineer is hereby instructed to advertise for
bids for this improvement.
SECTION 4. This Ordinance shall take effect and be in force from
and after its passage and approval.
II
PASSED: March 24, 1958 APPROVED: 3/28/58
Harvey Hager /s/ Arthur W. Ellis /s/ _J
President of the Council Mayor �)
ORDINANCE NO. 6590
AN ORDINANCE APPROVING A COOPERATION AGREEMENT WITH THE HOUSING
AUTHORITY OF THE CITY OF JEFFERSON, MISSOURI
i
WHEREAS, pursuant to resolution adopted by the City Council of the {1
City of Jefferson, Missouri, at a regular meeting of said Council,
hold on the 3rd day of February, 1958, the Mayor of said City
executed a certain Cooperation Agreement on behalf of said City, ��
OW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
JEFFERSON, COLE COUNTY, MISSOURI, AS FOLLOWS:
ECTION 1. That the Cooperation Agreement between the City of
efferson, Missouri, and the Housing Authority of the City of
efferson, Missouri, executed on behalf of said City by the Mayor o
aid City on the 4th day of February, 1958, is hereby ratified ap-
roved and reaffirmed, siad Cooperation Agreement being in wards an
igures as follows, to-wit:
COOPERATION AGREEMENT
This Agreement entered into this 4th day of February, 1958, by and
etween the Housing Authority of the City of Jefferson, Missouri,
(herein called the "Local Authority") and the City of ,Jefferson,
issouri, (herein called the "Municipality") witnesseth:
In consideration of the lmutual covenants hereinafter set forth, the
parties hereto do agree as follows:
1. Wherever 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
Public Housing Administration (herein called the
"PHA") ; excluding, however, any low-rent housing
project covered by any contract for loans and
annual contributions entered into between the
Local Authority and the Pte►,, or its predeces-
sor agencies, prior to the data of this Agree-
ment.
(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 non-
dwelling utilities.
(d) The term "Slum" shall mean any area where
dwellings predominate which, by reason of di-
lapidation, overcrowding, faulty arrangement
or design, lack of ventilation, light or sani,�,
tation facilities, or any combination of these
factors, are detrimental to safety, health, or
morals.
2. The Local Authority shall endeavor (a) to secure contra t
r contracts with the PHA for loans and annual contributions covering
ne or more Projects comprising approximately 300 units of low-rent
ousing and (b) to develop and administer such Project or Projects,
ach of which shall be located within the corporate limits of the
unicipality. The obligations of the parties hereto shall apply to
each such Project.
3. (a) Under the constitution and statutes of the State o
issouri, all Projects are exempt from all._real and personal
roperty taxes leveied or imposed by any T xing Body. With respect
to any Project, so long as either (i) such Project is owned by a Pu lic
body or governmental agency and is used for low-rent housing purpos :s,
or (ii) any contract between the Local Authority and th6 PHA for
loans or annual contributions, or both, in connection with such �I
Project remains in force and effect, or (iii) any bonds issued in
connection with such Project or any monies, die to the PRA in
connection with such Project remain unpaid, whichever period is the
longest, the Municipality agrees that it will not levy or impose an3�
real or personal property taxes upon such Project or upon the Local'
Authority with respect thereto. During such period, the Local
Authority shall make annual payments (herein called "Payments in
Lieu of Taxes") in lieu of such taxes 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 E
made after the end of the fiscal year established for such Project, f
and shall be in an amount equal to either (i) ten percent (10%) of
the aggregate Shelter Rent charged by the Local Authority in respec
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 Municipality 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
of the 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 I
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 penalti 's
accrue or attach on account thereof. This shall not be interpreted
as relieving the Local Authority of waking the annual Payment in
L,Peu of Taxes.
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 PHA,
there has been or will be elimination (as approved by the PHA) 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 insanitary dwelling unit,
the elimination of such unit shall count as the elimination of
,units equal to the 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 it
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. gcquisit �n
of any part of the site or sites of any Project and continuing so
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 I.uca1 Authority and the PHA for loan
or annual contributions, or both, in connection with such Project
remains in force and effect, or (iii) any bonds issued in connectiot
with such Project or any monies due to the PHA 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 (ether 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 inhabi-
tants in the Municipality;
(b) Vacate such streets, roads, and alleys within the
area of such Project as may be necessary in the de-
velopment thereof, and convey without charge to the
Local Authority such interest as the Municipality may
have in such vacated areas; and, in so far 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, in so far as it
may be necessary, All public or private utility lines
and equipment;
(c) In so fart as the Municipality may lawfully do so,
(i) grant such deviations from the building code of
the Municipality as are reasonable and necessary, to
, promote economy and efficiency in the development 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 surrounding
territory of such Project as are reasonable and neces-
sary for the development and protection of such Pro-
ject 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 connec-
tion with the development and administration of such
Project.
6.* In respect to any Project the Mumicipality 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 and alleys 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 there-
of in accordance with specifications acceptable to
the Municipality;
(b) It will accept necessary dedications of land
for, and will grade, improve and pave all streets
bounding such Project or necessary to provide ade-
quate access thereto (in consideration whereof the
Local Authority shall pay to the Municipality such
amount as would be assessed aginst the Project site
for such work if such site were privately owned; and
(e) ' It will provide, or cause to be provided, water
mains, and storm and sanitary sewer mains, leading
I.
to Duch Project and serving the bounding streets there-
of (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 o%med) .
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 Municipall y
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 PHA for loans (including preliminary loans) or annual contri-
butions, or both, in connection with any Project remains in force i
and effect, or so long as any bonds issued in connection with any
project or any monies due to the PHA in connection with any project
remain unpaid, this Agreement shall not be abrogated, changed, or
modified without the consent of the PHA. The privileges and
obligations of the Municipality hereunder shall remain in full fore
and effect with respect to each Project so long as the beneficial
title to such Project is held by the Local Authority or by any othe
public body or governmental agency, including the PHA, 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 such other public body or
governmental agency, including the PHA, the provisions hereof shall
inure to the benefit of any may be enforced by, such other public
body or governmental agency, including the PHA.
10. In addition to the Payments in Lieu of Taxes and in Furth �
consideration for the public services and facilities furnished and tb,
be furnished in respect to any Project for which no Annual Contri-
butions Contract had been entered into prior to August 2, 1954,
between the Local Authority and the PHA;
(1) After payment in full of all obligations of the
Local Authority in connection with such Project for
which any annual contributions are pledged and until
the total amount of annual contributions paid by the
PHA in respect to such Project has been repaid,
(a) all receipts, in connection with such Project
in excess of expenditures necessary for the management,
.operation, maintenance, or financing, and for reason- �
able reserves therefor, shall be paid annually to
the PHA and to the Municipality on behalf of the local
public bodies which have contributed to such Project
in the form of tax exemption or otherwise, in pro,
portion to the aggregate contribution which the PHA
and such local public bodies have made to such Pro-
ject, and (b) no debt in respect to such Project,
except for necessary expenditures for such Project,
shall be incurred by the Local Authority;
(2) If, at any time, such Project or any part thereof
is sold, such sale shall be to the highest responsible
bidder after advertising, or at fairmarket value as ap-
proved by the PHA, and the proceeds of such sale, to-
gether with any reserves, after application to any out-
standing debts of the Local Authority in respect to such
Project, shall be paid to the PHA and local public
bodies as provided in clause 1 (a) of this Section 10:
Provided, That the amounts to be paid to the PHA and
the local public bodies shall not exceed their re-
spective total contribution to such Project;
(3) The Municipality shall distribute the payments made
to it pursuant to clauses (1) and (2) of this Section
10 among the local public bodies (including the Munici-
pality in proportion to their respective aggregate con-
tributions to such Project.
IN WITNESS WHEREOF the Municipality and the Local Authority
ave respectively signed this agreement and caused their seals to
e affixed and attested as of the day and year first above written.
CITY OF JEFFERSON, MISSOURI
By:
Attest: /s/ Arthur W. Ellis
Mayor
/s/ Henry W. Ells
City Clerk
HOUSING AUTHORITY OF THE CITY 0
JEr- -RSON, MISSOURI
By:
/s/ E.C.L. W$ ner
Attest: Chaix-man
/s/ Fred Rost
Secretary pro tem
SECTION 2. Th4t the action of the Mayor of the City of
Jefferson in executing the same on behalf of said City is hereby
ratified and approved.
SECTION 3. That this Ordinance shall take effect and
hall be in force from and after its passage and approval.
Passed this 24th day of March, 1958.
Harvey Hager /s
Mayor and President of the
Attest: City Council
Henry W. Ells */s/
City Clerk
Approved this 28th day of March, 1958 .
Arthur W. Ellis /s/
]Mayor
Attest:
Henry W. Ells Isl
City Clerk