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HomeMy Public PortalAboutORD06590 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