Loading...
HomeMy WebLinkAbout1990-54 Housing Authority of Jackson Co. Agreement RESOLUTION 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 t.he 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 t:he 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. ~ \ " /~jL.Lt-.~ h/2~a--/?~ Catherine M: Golden, Mayor- (SEAL) ATTEST: 9~t~~ Nan E. Franklin, city Recorder '. . ... , . }<'QI'm JfUD-5:?481. This fonn has been prepared by tho Departmont of Housinrr and Urban Deve10p~cnt for use by a Local Authority an a guide in draftincr agreements providlng for local cooperation, as required by the Housing Act of 1937, and by regulations of the Departmont. Page 1 COOPERATION AGREEMENT ; This Agreement entered into this December 19~, by and between Housin Authori t of Jackson Count (herein called the "Local Authority" and Cl ty of Ashland 1/ (herein called the "Nunicipa1ity" , witnesseth: . , In consideration of the mutual covenants hereinafter set fOI1h, 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 tocal Authority with financ:ial assistance of the United St~tes of America acting thru~e~ the Secretary' of :':Iousing and Urban Development (herein callE!d the "Government"); excluding, however, any low-rent housing project covered by any contract for loans and annual contributiclns entered into '~etween the Local Authority and the Goverrunent, or its predecessJr agencies, prior to the date of this Agre~ement. (b) The term "Taxing Bod~' shall mean the State or any political subdivision or taxing unit thereof in which a Proiect i~; situated . . and wh~ch would have authority to assess or 1e'\1Y real or personal property taxes or to certify such taxes to a taxing bod~r or public officer to be levied for its use and benefit ""i th respec:t to a Project if it were not exempt from taxation. (c) The term "Shelter Rent" shall mean the total of a11 charges to all tenants of a Project for dwelling rents and nond,...elling rents (excluding all other income of such Project), lesl~ the cost to the Local Au~hority of all dwelling and nondwelling 11tilities. 2. The Local Authority shall endeavor (a) to secure a cont:ract or contracts with the Government for loans and annual contributions covering one or more Projects comprising approximately four 2/ U:l'li ts of 10"':- rent housing and (b) to develop or acquire and administer such Project or Pro- jects, each of which shall be located within the corporate limitR of -the Huni- cipa1ity. The obligations of the p~ties hereto shall app~y to each such Pro- ject. . 3. (a) Under the constitution and statutes of the State. of Oregon , :JI all projects are exempt from all real and personal property taxes and special assessments levied or imposed by any Taxing Body. With respect to a:r.y Project, so long as eitheI' (i) such Project is owned by a public body or governmental agency L~d is used for low-rent housing purpos es, or (ii) any contract between the LocB,l Authori ty and the Government for loans or annual contributions, or both, in conneotion with such Project remains in force and effect, or (i11) e:ny bone.s issued in connection with such Project or e:ny monies due to the Government in connection with such Projeot remain unpaid, whichever period is the longest, the Municipality agrees that it will not levy or impose any real or personal property taxes or special assessments upon such Project or upon the Local Authority with respect thereto. During such period, the Local J~thority shall make annual payments (herein called ''Payments in Lieu of Taxes") . . - . . . , . . . . ". . HUD-5248l Page 2 in lieu of such t~es and special assessments 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 P~ent in Lieu of Taxes shall be :lDade after,the end of the fiscal year established for such Project, and shall be in an amount equal to either (i) ten percent (10%) of the Shelter I Rent charged by the Local Authority in respect 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 p~ent 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 pro:perty 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 ~Jch year if the Project were not exempt from taxation; Provided, however, ~Qat 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 sul::h Taxing Body for such year if the Project were not exempt from taxation. (d) Upon failure of the Local Authority to make any Pay1Dent in Lieu of Taxes, no lien against any Project or assets of the Local ,luthority shall attach, nor shall any interest or penalties accrue or attach on account thereof. .. 4. During the period commencing with the date of the acquisi'cion of any part of the site or sites of any Project and continuing so lonj~ as either (i) such Project is owned by a public body or governmental lil.gency and is used for low-rent housing purposes, or (ii) any contract be'cween 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 moni4as.due to the Government in connection with such Project remain unpaid, wllichever period is the longest, the Municipality without cost or charge to 'che Local Authority or the tenants of such Project (other than the Pay1Dents in Lieu of Taxes) shall: (a) Furnish or cause to be fUrnished to the Local Autholdty and the tenants of such Project public services and faci1i ties of the same character and to the same extent as are furn.:Lshed from time to time without cost or charge to other dwellings and inhabitants in the Municipality; (b) Vacate such streets, roads, and alleys within the ~~ea of such Project as may be necessary in the development thereof, and convey without charge to the Local Authority such in'cerest 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 l,ocal Authority or to the Municipality, cause to be l~oved from such vacated areas, in so far as it may be neoess~r, all publio or private utility lines and equipment; (c) In so far as the Municipality may lawfully do 80, (:l) grant such deviations from the building code of the Municipali '~y as are reasonable and necessary to promote economy and efficien(~y 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 necessary for the development and l?rotection of such Project and the surrounding territory; :& , : llUD-52481 Page 3 (d) Aooept grants of easements neoessary for the devell:>pment of suoh Projeot; and (e) Cooperate with the Looal Authority by suoh other ll!Lwful aotion or ways as the Munioipali ty and the Looal Author:l ty may find necessary in oonneotion with the development ~ld administration of suoh Project. , 5. -In respect to arrY Projeot the Municipality further agrees tha'~ within a reasonable time after reoeipt of a written request therefor froIn the Local Authority: (a) It will accept the dedication of all interior strel~ts, roads, alleys, and adjaoent sidewalks wi thin 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 oompleted the grading, improvement, paving., and installation thereof in accordance with specifioations acceptable to the Municipality; (b) It will accept necessary dedications of land for, u.nd will grade, improve, pave, and provide sidewalks for, all streets boundin~ such Projeot or necessary to provide ~iequate access thereto (in consideration whereof the Looal Authority shall pay to the Municipality such amount as would be alisessed against the Pro~ect site for such work if such site wer4~ privately owned); and (c) It will provide, or cause to be provided, water m~lns, and storm and sanitary sewer mains, leading to such Pro;ject and serving the bounding streets thereof (i1\ oonsiderat:lon whereof the Local Authority shall pay to the Municipality such amount as .would be assessed against the Project si1~e for such work if such site were privately owned). 6. If by reason of the Munioipality's failure or refusal to furnish or cause to be furnished any public servioes or facilities which it has agreed hereunder to furnish or to oause to be fUmished to the Lo(~al Authority or to the tenants of any Project, the Local Authority U1CurS 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 Municipality in respect to any Project or any other low-rent housing projects owned or opera1~ed by the Local Authority. 7. No Cooperation Agreement heretofore entered into between the Municipality and the Local Authority shall be oonstrued to apply '~o any Project oovered by this Agreement. 8. No member of the governing body of the Munioipali ty or any other public official of the Municipality who exercises any responsibil:l ties or functions with respect to any Projeot during his tenure or for one year thereafter shall have any interest, direct or indireot, ;Ln any Project or any property included or planned to be inoluded in ~~ project, or ~~ oontracts in oo~~ection with such Projects or property. If any such governing body member or such other public official of the Municipality involuntarily acquires or had aoqui~~d prior to the beginning of his tenure any such interest, he shall immediately disclose such interest to the Looal Authority. HUD-S2481 page 4 9. So long as any oontract b.tw.en the Looal Authority and the Gov.rnm.nt for loan. (inoluding )>r.liminBrY loan.) or annual Contribution., or both, in connection with any Project remainB in force and effect, or BO lonlg as any bond. i.sued in oonn.otion with any Proj.ot or any monies due to the Gov.rnm.nt in oonn.otion with any Proj.ot remain un)>aid, this Agreement shall not b. abrogated, ohang.d, or modifi.d without the oon..nt of the Governme"t. 'rhe privil.ge. and obligation. of the Munioipality her.under .hall remain in fUll Torc~ and .ff.ot with re.peot to .ach Proj.ot .0 long a. the benefioial title to suoh Projeot is h.ld by the Looal Authority or by any other publio body or governmental agenoy, inoluding the Gov.rnm.nt, authorized by law to .ngage in the d.velopment or admini.tration of low-r.nt hou.ing projeots. If at any time the b.nefioial title to, or po.....ion of, any projeot i. held by suoh other publio bOdy or governmental agenoy, inoluding the Gov.rnment, the provi.ion. hereof .hall inure to the benefit of and may be enforced by, such other public body or governmental agency, including the Government. IN \/I'l'NESS 'o/HENEOF the Munioipality and the Looal Authority have r.speo- tively..igned this Agreement and oau.ed their .eal. to b. affixed and att.sted as of the day and year first above written. (SEAL) art Of ASHLAND 1 corporate Name of MunicipalHY) ATrEST: ~~~/cf~/~ ..' .> " " ,v'1~ ' ./ , r.-~ '" / / ,~j ~./( (/f..-L----- ( Iv I ,."..~./[' .eX "'--- ( , - A..-.-' Nan E. Fcanklinl city Recorder (Type Name and Title) Catherine M. Golden I Maypr (Type Name and Title) (SEAL) HOllsin~AllthnY';tl Qf eii~-k~ &~I:Ir)ty \ Corpora e Name'o Loc :\.:L or Y By ~?t4 M ATTEST: Scott Foster. sprrptrlXYI (Type Name and Title ..