Loading...
HomeMy WebLinkAboutOrdinances Book 11, Page 936, No Ordinance Number936 ' AN ORDINANCE AGREEIIIG TO A FORTS OF COOPERATION AGREET."ENT SET'WEEIT TiIE CITY OF PADUCAH, IMITTUCKY, AND THE CITY OF PADUCAH TwTUITICIPAL HOUSING C07MMISSIOI: FOR TUE COITSTRUCTIO:i OF SIX IIUIIDRFD (600) ADDIT10:1AL UNITS OF LOW RENT HOUSING UNDER THE PROVISIONS OF THE UNI"ED STATES MUSING ACT OF 1937, AS ATTENDED, AIM AUTHORIZING THE EXECUTIO_? OF SAID AGREEI.°ENT 'WHEREAS, the City of Faducah Municipal Housing Commission has received from the Public Housing Administration (hereinc ailed the "PHA" ) a Program Reservation for 600 units of low -rent housing to be developed and located within the corporate limits of the City and may hereafter apply for additional Program Reservations; and INHEREAS, said Commission proposes to enter into one or more contracts with the PHA for loans and annual contributions in connec- tion with the development and administration of such low -rent housit all pursuant to the United States Housinr, Act of 1937, as amended, (herein called the "Act"); and 'WIIEREAS, the City of Paducah is desirous of assisting; and cc orating with the Local Authority, the City of Paducah idunicipal Housing Commission, in such undertakings and of complying with the provisions of Sections 10(a), 10(h), and 15(7)(b) of the Act, as well as all other applicable provisions thereof: EE IT ORDAINED 3v THE LOARD OF COi:?ISSIOTTERS OF THE CITY OF PADUCAH, i2NTUCKY: SECTION 1. That the City of Paducah approve the execution of a Cooperation Agreement between said City and the City of Paducah i,':unicipal Mousing Commission for the purpose of constructing 600 additional units of low -rent housing in the City of Faducah under and pursuaut to the United States I'_ousing Adt of 1937, as amended, and that Stuart Johnston the Llayor of the City of Paducah, and Sarah Thurman the clerl', of said City, be, $nd they are hereby authorized to enter into and execute, for and on behalf of the City of Paducah, an Agreement with the City of Faducah Municipal Housing Commission nrich shall contain, in addition to the foregoin recitals, the following terms, conditions and agreements: 1. 'Wheneber used in this Agreement: (a) The term "Project" shall mean any low -rent housing hereafter developed as one operation by the Local Authority with financial assistance of the PHA and included within Program Reservation No. Ky-6-A issued by the PHA and the Local Authority on Sept. 26, 1949, covering an aggregate of 600 units of low -rent housing. A Project will generally be located on a single site bVt may be on scattered sites. 937 (b) The terms "Taxing Body" shall mean the .;tate or any Political subdivision or taxing unit thereof (including the City) 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 c harges to all tenants of a Project for dwelling rents and non - dwelling 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" means any area where dwellings predominate which, by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light or sanitation facilities, or any combination of these factors, are detrimental to safety, health or morals. 2. The Local Authority shall endeavor to secure a contract or contracts :pith the PHA for loans and annual contr_butions, and un er- take to develop and administer one or more Projects. 5. Under the constitution and statutes Of the State of ISentucky, all Projects are exempt from all real and personal property taxes and special assessments levied or imposed by any Taxing Body; and, with respect to any Project, so long as either (a) such Project is used for lour -rent housing purposes, or (b) any contract betwee the Local Authority and the FTA for loans or annual contributions, or both, in connection :with such Project shall remain in force an effect, or (c) any bonds issued in connection :with such Project shall remain outstanding, whichever period is longest, the City agrees that it ::ill not levy or impose any real or personal prop- erty taxes or special assessments 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 special assessments and in payment for public services and facilities furnished for or with respect to such Project. 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 equa, to either (a) Ten Percent (10%) of the ag;;regate Shelter Rent charged by the Local Authority in respect to such Project during such fisIal year; or (b) the amount permitted to be pald by the applicable stlte law in effect on the date of this Cooperation AgreementI , whicheve is lower; provided, however, that upon failure of the Local Author- ith to make any such Payment in Lieu of Taxes, no lien against ani Project or assets of the Local Authority shall attach. i 938 The City shall distribute the Payments in Lieu of Taxes amon [which Taxing Bodies in the proportion which the real property taxes would have been paid to each Taxing Eody for such year if the ect were not exempt from taxa tion bears to the total real prope ty s which could have been paid to all of the Taxing Eodies for su h if the Project were not exempt from taxation; provided however no payment for any year shall be made to any Taxing Lody uding the City) in excess of the amount of the real property taxes which would have been paid to such Taxing Lody for such year if the Project were not exempt from taxation. 4. The City agrees that, subsequent to the date of initiati n (as defined in the Act) of each Project and within five years after the completion thereof, or such further period as may be approved b the PIA, there has been or will be eliminated (as approved by the THA) by demolition, condemnation, effective cl-)sing, or compulsory repair or improvement,, of unsafe or insanitary dwelling units situated in the locality or metropolitan area of the City substantially equal in number to the number of newly constructed dwelling units provided b,,; such Project; provided, ti,at, where more than one family is livinZ in an unsafe or insanitary dwelling unit, the elimination of such unit shall count as the elimination of unit equal to the number of families accommodated therein; and provided, further, that this paragraph 4 shall not apply in the case of (a) a y Project developed on the site of a Slum cleared subsequent to July 5, 1949, and that the dwellin,; units eliminated by the clearance of th site of such Project shall not be counted as elimination for any other Project or any other loci -rent housing project, or (b) any Project located in a rural non-farm area. 5. DurinZ the period commencing with the date of the acqui- sition of any part of the site or sites of any Project and continui g so long as either (a) such Froject is used for low -rent housing, pur.oses, or (b) any contract between the Local Authority and the PHA for loa s or annual contributions, or both, with respect to such Project shal remain in force and effect, or (c) any bonds issued in connection with such Project shall r emain outstandin,,, whichever period is the longest, the City, without cost or charge to the Local Authorit or the tenants of such Project (other than the Payments in Lieu of taxes) shall: (a) furnish to cause to be furnished to the Local Authority and the tenants of such Project (i) the public services and facilities which are at the date hereof being fur- nished without cost or charge to other dwellinCo and inhabitants in the City, including bVt not limited 939 to: educational, fire, police and health protection 1 I and services; maintenance and report of public streets, roads, alleys, sidewalks, sewer and water systems; snow removal, garbage, trash and ash collection and disposal; street lighting on public streets and roads within such Project and on the boundaries thereof; and adequate sewer services for such Projedt; and (ii) also such additional public services and facilities as may from time to time hereafter be furnished without cost or charge to other dwellings and inhabitants in the City; (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 City may have in such vacated areas; and, insofar as it is lawfully able to do so with - Out cost or expense to the Local Authority and/or to the City, cause to be removed from such vacated areas, insofar as it may be necessary, all public or private utility lines and equipment; (d) insofar as the City may lawfully do so, grant such waivers of the building code of t'e City as are reasonable and necessary to promote economy and efficiency in the development and administration of such Project; and mare such changes in any zoning of the site and surrounding territory of such Project as are reasonable and necessary for the development and protection thereof; (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 City and the Local Authority may find necessary in connection with the development and adrninistrati6n of such Project. o. In respect to any Project the City further agrees that within a reasonable time after receipt of a written request the refo. 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 after the Local Authority, at its own • expense, has completed the grading, improvement, and paving thereof in accordance with specifications acceptable to the City; and (b) It will accept necessary dedications of land for, and will grade, improme, pave, and provide sidewalks for, all streets bounding such Project or necessary to provide adequate I 940 access thereto (in consideration whereof tho Local Authority shall pay to the City such amount as mould be assessed against the Project site for such work if it 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 City sm h amount as would be assessed against the Project site if it were privately owned). 7. If the City shall, within a reasonable time after writte notice from the Authority, fail or refuse to furnish or cause to t furnished any of the services or facilities which it is obligated hereunder to furnish or cause to be furnished to the Local Authority or to any Project, then t',e Local Authority may proceed to obtain such services or facilities elsewhere, and deduct the cost therefor from any Payments in Lieu of Taxes due or to become due to the C in respect to any Project or any other low -rent housing projects assisted or owned by the PHA. 8. No Cooperation Agreement heretofore entered into between the City 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 contributions, or both, with respect to any Project shall remain in force and effect, or so long as any bonds issued in connection with such Froject shall remain outstanding, this Agreement shall not be abrogated, changed, or modified r:ithout the consent of the -,-HA. The privileges and obligations of the City 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 Authority or some other publi body or governmental agency, including the PHA, authorized bly 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 ager including the PFIA, the provisions hereof shall inure to the benefi of and may be enforced by, such other public body or governmental agency, including the PHA . IN IffITNESS WHEREOF, the City and the Local Authority have respectively caused this Agreement to be duly executed as of the day and year first above written. Y, (3?4L) "_EST: (v =AT- ) ATTEST: y .. er Secre ary 941 C S^ _ Oi FAD�Iy:_i, PADUCAII MM ICIPAL FiOUSI"G COM.LU- 10II by C .a rma n SMION 2. This ordinance shall be in full force and effect from and after its adoption. I.I.ayqrI Passed by the hoard of Commissioners, November 9, 1949 P.ecorded by .;arah Thurman, City Cleric, November 9, 1949.