Loading...
HomeMy WebLinkAboutRes1964-422 r RESOLUTIL-o :.?PEGVElG TiiE APPLICATION OF Tn_ AL.AS';A STATE HOUSIliG AUTHORITY FOR ?ROGRAH RESERVATION A;;D PRELIMINARY LOAN FOR LOW-RENT HOUSING: APP~OVI~\G THE DEVELOPMENT, CONSTRUCTION AND OvINERSEI:4,O~J: Lm-i-RENT HOUSING PROJECT OF NOT TO EXCEED ~ DH LLIliG UNITS: AND APPROVING THE FORM OF COOPERATION AGREE- MENT BETWEEN THE CITY OF SEWARD AND THE ALASKA STATE HOUSING AUTHORITY AND AUTHORIZING ITS EXECUTION. RESOLUTION NO. q v"V c/;1 2 ~)J I 0" WHEREAS, it is the policy of this locality to eliminate substandard &~Q 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, the Alaska State Housing Authority (herein called the "Local Authority") is a public housing agency and will apply to the Public Housing Administra- tion for a program reservation in connection with the development of low-rent housing; and WhEREAS, under the provision of the United States Housing Act of 1937, as aQcnded, the Public Housing Administration is authorized to provide financial assistance to local public housing agencies for undertaking and carrying out prelimin- ary planning of low-rent housing projects that will assist in meeting this goal; and WHEREAS, the City of Seward desires to further cooperate with the Local Authority in approving the development, construction and ownership of such low-rent housing project; and WHEREAS, pursuant to Section 15(7) (b) of the United States Housing Act or 1937, as amended, it is necessary that the City of Seward enter into a Cc~?cration Agreement with the Local Authority providing for local cooperation in c0;'h.~ction with such low-rent housing project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF __..,. .'-' AS FOLLOWS: 1. There exists in the City of Seward, Alaska, a need for such low-rent housing at rents within the means of low-income families or persons. 2. The application or the Local Authority to the Public Housing ~dministration for a progrlmur~~,~~a~~d a preliminary. loan ~n an amount not to exceed ~:;~ OQr"or~rveys and plann~ng p.S. in connection with low-rent housing projects of not to exceed ~25 dwelling units is hereby approved. . 3. The City Council does hereby approve the development, construction and ownership by the Local Authority of the project as defined in Paragraph l(a) of the Cooperation Agreement. 4. The Mayor is hereby authorized and directed to execute such Cooperation Agreement in the name and on behalf of the City of Seward and the City Clerk is hereby authorized and directed to affix or impress the Official Seal of the City of Seward thereon and to attest the same. Such Cooperation Agreement shall be in substantially the form attached hereto as Exhibit "A" and made a part hereof. J .PASSED AND ADOPTED BY THE City Council of the City of Seward this )V(~ d.;:y of 4( ~ J' 1964, by the following vote: AYES: , LlJi/ NOES: "-'A-G~ ABSENT: ~ (SEAL) c~ ~~~ Mayor AT~EST: ~Le-L [cflC7~ C~ty Clerk CGOPERATICN AGREEIVIENT . 7his Agreement entered into this 7//~ day of kiM jJ..VJ 19#! by and between the Alaska State Housing Authority (herein called the "Local Authority") and Seward, Alaska (herein called the "Munici- pality"), witnesseth: In consideration of the mutual covenants hereinafter set forth, the parties hereto do agree as follows: 1. Whenever used in this Agreerrent: (a) The term "Project" shall rrean any low-rent housing hereafter developed as an entity by the Local Authority with financial assist- ance 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 PHA, or its predecessor agencies, prior to the date of this Agreement. (b) The term "Taxing Body" shall mean the State or any political sub- division 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 incorre of such Project) ,less the cost to the Local Authority of all dwelling and nondwelling utilities. (d) The term "Slum" shall mean 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 detrirrental to safety, health, or morals. 2. The Local Authority shall endeavor (a) to secure a contract or contracts with the PHA for loans and annual contributions coverillg one or rr:ore projects comprising approximately ;s1J units of low-rent housing and (b) to develop and administer such Project or Projects, each of which shall be located within the corporate limits of the f1unicipality. 'fhe obligations of the parties hereto shall apply to each such Project. 3. (a) Under the constitution and statutes of the State of Alaska, all Projects are exempt fran all real and personal property taxes and special assess- ments levied or imposed by any Taxing Body. \'lith respect to any proj ect, so long as either (i) such Project is owned by a public body or governrrental agency and is used for low-rent housing purposes, or (ii) any contract between the Local Authority and the PHA for loans or annual contributions, or both, in cormection with such Project remains in force and effect, or (iii) any bonds issued in cormection with such Project or any monies due to the PHA in cormection with such Proj ect 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 Authority shall make annual payments (herein called "Payments in Lieu of Taxes") in lieu of such taxes and special assessments and in payment for the Public services and facilities furnished from ti1re to ti1re without other cost or charg.e for or with respect to such Project. (b) Each such annual Payrr.ent in Lieu of Taxes shall be rrade 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 Rent actually collected but in no event to exceed ten percent (10%) of the Shelter 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 payment is made, whichever amount is the lower. (c) The Municipality shall distribute the Payrrents in Lieu of Taxes among the Taxing Bodies in the proportion which tre 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 r---- of the Taxing Bodies for such year if the Project "ere not exempt from taxation; Provided, However, That no payrrent 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 such year if the Project were not exempt from taxation. Cd) 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. 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 canpulsory repair or improve- ment, of unsafe or insanitary dwelling units situated in the locality or rretro- politan 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 accorrmodated 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 subsequent to July 15, 1949, and that the dwelling units eljminated 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 (11) any Project located in a rural nonfarm area. 5. During the period cOlliJTBncing with the date of the acquisition of any part of the site or sites of any Project and continuing so long as either (i) such Project is owned by a public body or governmeRtal agency and is used for low-rent housing purposes, or (ii) any contract between the Local Authority and the PHA for loans or annual contributicns, 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 PHA in connection with such Project remain unpaid, which- ever period is the longest, the flIunicipality without cost or charge to the Local Authority or the tenants of such Project (other 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 tine without cost or charge to other dwellings and inhabitants in the Municipality; (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 rlIunicipality 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 rlIunicipality, 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 far as the Municipality may lawfully do so, (i) grant such deviations from the building code of the rlIunicipality as are reasonable and necessary to promote economy and efficiency in the development and administration of such Project, and at the same tine safeguard health and safety, and (11) make such changes in any zoning of the site and surrounding territory of such Project as are reasonable and necessary for the development and protection of such Project 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 connection with the development and administration of such Project. 6. In respect to any Proj ect the Municipality further agrees that within a reasonable time after receipt of a written request therefor from the Local Authority: -2- r (a) It will accept the dedicaticn of all interior streets, roads, alleys, and adjacent sidewalks 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 thereof in accordance with specifications acceptable to the Municipality; (b) It will accept necessary dedications of land for, and will grade, irrprove, pave, and provide sidewalks for, all streets bounding such Project or necessary to provide adequate access thereto (in consideration whereof the Local Authority shall pay to the lIiunicipality such amount as would be assessed against the Project 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 Proj ect and serving the bounding streets thereof ( in consideration whereof the Local Authority shall pay to the Munici- pality such amount as would be assessed against the Project site for such work if such site were privately owned). 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 expenses from any Payment s 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 operated by the Local Authority. 8. No Cooperation Agreerrent heretofore entered into between the F'lunicipality and the Local Authority shall be construed to apply to any Project covered by this Agreenent . 9. So long as any contract between the Local Authority and the PHA for loans (including preliminary loans) or annual contributions, or both, in oormection with any Proj ect remains in force and effect, or so long as any bends issued in cormection with any Project or any monies due to the PHA in cormection with any Project remain unpaid, this Agreenent 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 force 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 goverruJJental 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 and may be enforced by, such other public body or governmental agency, including the PHA. IJ'J LVI'INESS WHEREOF the Municipality a'1d the Local Authority have respectively signed this Agreement and caused their seals to be affixed and attested as of the day and year first above written. -3- (SEAL) ATTEST: YJ,zdu;Z fcaJcdk; City Clerk (SEAL ) ATI'EST: ;J!}~ Se retary CITY OF' SEHARD, ALASKA by ~~ ./p~ Mayor ALASKA STA'IE HooS ING AUTHORITY -J~~c~(~ -4-