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HomeMy WebLinkAbout1990-075 RESO 1990-54RESOLUTION NO. 90-~--~/ RESOLUTION OF THE CITY COUNCIL APPROVING THE ENTERING INTO OF A COOPERATION AGREEMENT BETWEEN THE CITY OF ASHLAND AND THE HOUSING AUTHORITY OF JACKSON COUNTY AND AUTHORIZING ITS EXECUTION. WHEREAS, it is the policy of this locality to eliminate substandard and other inadequate housing, to prevent the spread of slums and blight, and to realize as soon as feasible the goal of a decent home in a suitable living environment for all of its citizens; and WHEREAS, under the provisions of the United States Housing Act of 1937, as amended (herein called the "Act"), the Secretary of Housing and Urban Development is authorized to provide financial assistance to local public housing agencies (hereinafter called "Local Authority"") for undertaking and carrying out the development and operation of low- rent housing projects that will assist in meeting this goal; and WHEREAS, ~pursuant to Section 5(e)(2) of the Act, as amended, it is necessary'in order to obtain Federal financial assistance for such low-rent housing, that the local governing body enter into a Cooperation Agreement with the Local Authority providing for local cooperation in connection with such housing projects; and WHEREAS, it is the desire of this governing body to cooperate in the provision of low-income housing.for this locality and to enter into a Cooperation Agreement with the Local Housing Authority. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of Ashland as follows: 1. There exists in this locality a need for such low-rent housing at rents within the means of low-income families or persons. 2, The entering into of the Cooperation Agreement with the Housing Authority of Jackson County is hereby approved. 3. The Mayor is hereby authorized to execute said Cooperation Agreement in as many counterparts as may be required by the Secretary of Housing and Urban Development. 4. The City Recorder is hereby authorized to attest to all counterparts of the Cooperation Agreement and to affix or impress the offiCial seal on all said counterparts. 5. This Resolution shall take effect immediately. PASSED and' ADOPTED THIS 4th day.of December, 1990. ~~rine M.' Golden, Mayor ( SEAL) ATTEST: Nan E. F~anklin, City Recorder Form I~D-52~81. This form has been prepared by thc Department of Housing and Urban Development for use by a Local Authority as a guide in drafting egreements providing for local cooperation, as required by the Housing Act of 1937, and by regulations of the Department. Page 1 COOPERATION AGREEMENT ~his Agreement entered into this day of December , 19 90, by and between. Housin9 Autho--'~y o~ Jackson County (herein called the "Local Authority"~ and City o~ Ashland 1_/ (herein called the '$k~nicipality"), witnesseth: 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 mean any low-rent housing hereafter developed or acquired by the Local Authority with financial assistance of the United States of America acting through the Secretary~of ~tousing and Urban Development (herein called the "Government"); excluding, however, any low-rent housing project covered by any contra~t for loans and annual contributions entered into '~etween the Local Authority and the Government, or its predecessor agencies, prior to the date of this Agreement. (b) The term "Taxing Bod~' shall mean the State or any politicsl subdivision or taxing u~it 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 ~ax. ing 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 AuShority of all dwelling and nondwelling utilities. 2. The Local Authority shall endeavor (a) to secume a contract or contracts with the Government fo~ loans and annual contributions covering one or more Projects comprising approxim~tely ~our 2/units of lodg- ment housing and (b) to develop or acquire and administer such P~oject or Pro- Jects, each of which shall be located within the corporate limit~ of the ~.~.i- cipality. The obligations of the pa~ties hereto shall apply to each such P~o- ~ect. 3. (a) Under the constitution and statutes of the State of Oreaon , ~/all projects are exempt from ali real and personal property taxes and special assessments levied or imposed by any Taxing Body. With respect to a~7 Project', so long as either (i) such Project is owned by a public body o~ 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 Px~ject remains in force and effect, or (iii) any bonds issued in connection with such Project or any monies due te the Government in connection with such Project remain unpaid, whichever period is the longest, the Municipality agrees that it will not levy or impose any real or personal property taxes o= special assessments upon such Project or upon the Local Authority with respec~ thereto. Du~ing such period, the Local Authority shall make a~nual payments (herein called '~a~ments in Lieu of Taxes") P~ge 2 in lieu of such taxes and special assessments and in payment for the public services an~ facilities fuxm_tshed f~om time to time without other cost or charge for or with respect to such Project. (b) Each such annual Pa~ment in Lieu of Taxes shall be made after,the end of the fiscal year established for such Project, and shall be ir~ an amount equal to ei,~her (i) ten percent (10%) of the Shelter Rent charged by the Local AUthority in respect to such Project ~uring such fiscal year or (ii) the amount permitted to be paid by applicable state law in effect on the d~te such payment is made, whAchever amount is the lower. (c) The Municipality shall distribute the Payments in Lieu of Taxes among the Taxing Eodies 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 £o'r 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 against any Project or assets of the Local Authority shall attach, nor shall any interest or penalties accrue or attach on account thereof. 4. Du~ing the period commencing with the date of the acquisition of any part of the site or sites of arAy 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 force and effect, or (iii) any bonds issued in connection with such Project or any monies.due to the Government 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 (other than the Payments in Lieu of Taxes) shall: (a) Fumnish 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 inhabitants in the M~nicipality; (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 m ay 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 Mmnicipality, cause %o be removed from such vacated areas, in so far as it maybe necessary, all public or private utility lines and equipments (c) In so far as the Municipality may lawfully do so, (i) grant such deviations from the Building code of the N~nicip~lity as are reasonable and neoessamy 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 surround&ng tex~itory of such Project as are reasonable and necessary for the devalopme~t and protection of such ProJact and the su~oundingterritory; Page (d) Accept g~ants of easements necessary for the development of such Project; and (e) Cooperate with th~ Local Authority by such other lawful action or ways as the ~zAnicipality and the Local Authority may find necessary in connection with the development and ~istratton of such Project. 5. 'In respect to any' Project the N~nicipality further agx*ees that within a reasonable time after receipt of a ~ritten 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 ~nd sanitax?~ 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 specifications acceptable to the Municipality; (b) It will accept necessary dedications of land for, and will grade, improve, pave, and provide sidewalks for, all streets boundin~ such Project or necessary to provide adequate access thereto (in consideration whereof the Local Authority shall pay to the Municipality such amount as would Be assessed against the Pro,eot 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 (ia consideration whereof the Local Authority shall pay to the E~ntcipality such amount as ,would be assessed against the Project site for such work if such site were privately owned). 6. 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 ~ocal 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 ~xnicipality in respect to any Project Or any other low-rent housing projects owned or operated By the Local Authority. 7. 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. 8. 'No member of the governing Body of the ~anicipality or any other public official of the Municipality who exercises any responsibilities or functions with respect to any Project dy.ring his tenure or for one year thereafter shall have any interest, direct or indirect, in any Project or any property included or planned to be included in an~. project, or a~ contracts in cc~.ection with such Projects or property. If any such governing Body member or such other public official of the Municipality involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, he shall immediately disclose such interest %o the Local Authority. Page 4 9. So long as any contract between the Local Authority and the Government for loans (includ~ing prelect_nary loans) or annual Contributions, or both, in connection with a~y Project x~malns in force and effect, or so long as any bonds issued in connection with any Project or any monies due to the Government in connection with any Project ~emain unpaid, this Agreement shall not be abrogated, changed, or modified without the consent of the GovernmeDt. The privileges and oblig~tions of the Municipality hereunder shall remain in full Torc$ 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 other public body or governmental agency, including the Govex~ment, 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 he2d by such. other public body or governmental agency, including the Government, the provisions hereof shall inure to the benefit of and may be enforced by, such other public body or governmental agency, including the Government. IN WITNESS WHEREOF the Municipality and the Local Authority have respec- tively, signed this Agreement and caused their seals to be affixed and attested as of the day and year first mbove w~itten. OF ASHLAND '[b°rporate Name of Municipalit~)' ATTEST: Nan E. Franklin, City Recorder (Type Name and Title) Catherine M. Golden, Mavor_ (Type Name and Title) (S~.A~.) A?TEST: Scott Foster..q~r.r~.wv (Type Name and Title~