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Home My Public Portal AboutORD15608 BILL NO. 2016-90 SPONSORED BY COUNCILMAN Mihalevich ORDINANCE NO. 1 5 ,o AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A BLIGHT REMOVAL FUNDING AGREEMENT WITH THE HOUSING AUTHORITY OF JEFFERSON CITY BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized to execute an Blight Removal Funding Agreement with the Housing Authority of Jefferson City. Section 2. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: '1 • 3, Z9 1 / Approved: 9141 • L( ( DO 1 atiiA,ce, leir 0.4miti. .... ie....v(1,i , Presiding Officer Mayor Carrie Tergin ATTEST: - _ APPROVED AS TO FORM: iTi :------ --: 1/ I ,/-- City Clerk ';,,:;, - Ci, •unselor C' '. /5 ,D BLIGHT REMOVAL FUNDING AGREEMENT This Agreement, entered into this date last executed by a party below, by and between the City of Jefferson, Missouri, a municipal corporation, referred to herein as the City, and the Housing Authority of the City of Jefferson, Missouri, a municipal corporation, referred to herein as the Housing Authority. WHEREAS, the Housing Authority and the City have cooperated in obtaining a blight study of the East Capitol Avenue Area from Peckham Guyton Albers & Viets; and WHEREAS, the study concluded that the East Capitol Avenue Area is blighted; and WHEREAS, the Housing Authority has prepared a proposed urban renewal plan for the East Capitol Avenue Area; and WHEREAS, pursuant to that plan, in order to eliminate or alleviate blight, it may be necessary for the Housing Authority, acting as the Land Clearance for Redevelopment Authority for the City of Jefferson, to acquire some properties in the area by purchase or condemnation; and WHEREAS, while the Housing Authority has some funds which could be used for the purpose of the acquisition, clearance rehabilitation or redevelopment of some properties within the area, it has other needs and potential uses for those funds, including but not limited to the continuation of public and elderly housing within the City of Jefferson; and WHEREAS, the City believes that the elimination or reduction of blight in the area is of great importance to and in the best interests of the City of Jefferson; NOW, THEREFORE, in consideration of the mutual promises herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree -1- as follows: 1. If the urban renewal plan for the East Capitol Avenue Area is approved by the City, the Housing Authority agrees to pursue the acquisition, clearance, rehabilitation and redevelopment of properties in that area with initial funding of those efforts to be provided through its urban renewal funds, except as may otherwise be authorized and provided by the City as set out below. The properties to be acquired and the order is which they are acquired shall be determined by the City and the Housing Authority by mutual agreement. 2. If the Housing Authority would want to receive funding assistance from the City on any specific parcel it may acquire in that area, it shall notify the City of its proposed purchase agreement for that parcel or of its intention to pursue the acquisition of that parcel through condemnation. Within thirty (30) days thereafter, the City would need to provide written notice from the City Administrator to the Housing Authority that the City would not agree to pay the Housing Authority for the difference between its receipts and expenditures for the parcel. If no such notice is received within that period by the Housing Authority, the Housing Authority may proceed with its purchase or condemnation, and upon completion of the sale or condemnation, the City shall pay the Housing Authority the sum calculated relative to that parcel as set out below. If the City is not willing to pay the Housing Authority the difference between its receipts and expenditures for the parcel, the Housing Authority can delay or not pursue the acquisition of the parcel. However, if the Housing Authority does acquire a parcel which the City has indicated in writing it is not willing to pay the Housing Authority for the difference between its receipts and expenditures for such parcel, the City shall not be obligated to pay the Housing Authority the sum calculated relative to that parcel as set out below. -2- 3. The Housing Authority shall keep careful records of all costs of acquisition and related expenses, including but not limited to appraisal and inspection fees, purchase or condemnation award payments, attorney's fees and court costs. 4. The Housing Authority shall keep careful records of all disposition income and expenses relating to each of those properties and their preparation for disposition. 5. Following the completion of the acquisition and disposition of each such parcel, the Housing Authority shall submit to the City its documentation on those receipts and expenses. 6. The City shall pay to the Housing Authority the difference between the net proceeds the Housing Authority receives from the disposition of that parcel and its costs of acquisition, preparation for sale, and sale/disposition of that parcel. The Housing Authority shall deposit those payments into its urban renewal account and use them for any activities authorized for Community Development Block Grant purposes by the Housing Authority. 7. By mutual agreement, the City may advance anticipated costs and expenses for acquisition of parcels to be acquired by the Housing Authority. In such an event, after the Housing Authority has disposed of a parcel acquired with advanced City funds, it shall provide the documentation described above. If the advanced funds were in excess of the difference between the net proceeds from the disposition of the parcel and the costs of acquisition and sale of that parcel, the Housing Authority shall return to the City an amount equal to the excess. If the advanced funds were less than the difference between the net proceeds from the disposition of the parcel and the costs of acquisition and sale of that parcel, the City shall pay to the Housing Authority the difference between the sum previously advanced by the City relative to that parcel and the calculated net expense for that parcel. -3- 8. The City is anticipating enacting zoning regulations in the form of an overlay district to regulate the form, scale and uses of redevelopment within the East Capitol Avenue Area. If at the time the Housing Authority conveys any parcel in the area for which the City is obligated to reimburse the Housing Authority for its costs and expenses of acquisition to a redeveloper and such zoning regulations have not been enacted, the Housing Authority shall place on the property a restrictive covenant running in favor of the City and Housing Authority providing controls for the regulation of the form, scale, and uses of redevelopment on the parcel. The form of such restrictive covenant shall be mutually agreed to by the City and Housing Authority. If such zoning regulations have been enacted at the time of such conveyance to a redeveloper, the above-described restrictive covenant shall not be required to be placed on the parcel. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year last executed by a party below and acknowledge receipt of one copy of the contract. CITY OF JEFFERSON, MISSOURI HOUSING AUTHORITY OF THE CITY OF JEFFERSON, MISSOURI Mayor Carrie Tergin Date: 03/7-14/-(4 APPROVED AS TO FM: C elor Title: Date: i(11 f l7 ATTEST: Title: CXera/h ver -4-