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• [ �'4 i?N i 1. 1 _ 7/ R ESOLUTION N0. ' �/6 - t ,li ",,,, ' :
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�;Ll1 ? r i y ;<;}"'� 'i x1tr s ° RESOLUTION APPROVING COOPERATION AGREEMENT WITH THE,;; " s7 � { : 1 - ; r,, ` •
, a w1 r ti ti�� i f i S . 1 ..
d ,,i`,, ,, 1 P HOUSING AUTHORITY OF THE CITY OF JACKSONVII I F, � ¢ y � ,
, r , ARKANSAS }..";;;;;.41:4,,......,.:.;,,,,.".., I „ 1
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2 ' t' ` `'; �' ' y 1 BE IT RESOLVED' BY THE CITY COUNCIL OF THE CITY OF JACKSONVII I F ` °J + 19 r ..(.!!4 N
K
, + �� ARKANSAS a s follows: i ” ;}
r 4r hMt 3 1 jt { It i' iI
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jr„ , Y , w } .1: • ' T h e Cooperation Agreement between the City of . •' i " g f ; ti i , .
• ° i � • I ' , � ' '''''.;%; , JACKSONVILLE and the , � ' i ' t
I t t ' ,, y ' � ' '
} Housin Authorit of the . . CITY
i r 1 2tr.1f P [, , i
` ' r rkrr: of JACKSONVILLE • , is I �r r
,t !ari,,o1 '� i c ; I ir•, I,r1
' , , ,' ', 1 ,',", R ° hereby approved.
�, 1 2 . :The Mayor is hereby authorized and directed to iii. , ; ^ � ,
. u~ v
' t' f
P 1 iD t [ exec t I 'n ! [a 'l
� �; , ' t 1 I, t , , u te the cooperation agreement in• the name of, 'e t� ';
o J
a � ,*� "j. ':and the City Secretary is hereby directed to seal ; ti ��'`
f wn {4 '. '�' V"�at� }` ...
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`i'r t Ie t ;i 4 4, G i
r I , .�a ' and attest the Cooperation Agreement with the seal ! ; , I i , „a, .
G, .a y
'Pk,T:iv . :1a •
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' ii' # rc 1f Y ' ' 14 r4� t of the City of Jacksonville sr'," ° } 'I
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I
t Ii4Ya : I ' , � f T(, 3• This resolution shall become effective immediately. fl..!' •
cc iii�s'1 ° f, I 1'n�ti t, I i ) l!
' ZE 4 ' t �9, Y 4. 'The Cooperation Agreement referred to in Section 1 !,'r >„ a
1 > i t
,` i ' P .',,i> � : ` ' is in the following form, to wit: , ; ; �
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kid. 1955 ,:t.F.Fr . F • F
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1
1 :FF , F ,FF AGAiial/IT •
••
-1.0';'ftltr0
This Agreement entered into thia
d v of „ , In
Apr 1
• .1 A * 7 .-4-1..., r.
HI*
.y and botwaon the Housink, Authority of the _City of Jacksonville j:41,1•1•1;
s
L‘VtArkansa
. • • , (Heroin called tho 4 Loc:J. Authority”) and the City of
-". Jacksonville Arkansas , (herein callod the "dunicipality"), 1 '; ,• •
•• • , frit
, .
'• •
:.• In consideration of the covenants hereinafter set forth, the parties •
.ereto do agree as 'follows: •
1• ilhonever used in this Agreement: • • • • 1 '
• :•••• ' (a) The term "Project," shall mean any low-ront housing hereafter
r •:. " developed as an entity by the laical Autharity financial
;: •:. , assistance of the Department of Housing and Urban Development through
its'Housing Assistr.nce Administration (herein called the "HAA"); ' • .;.,
';•;',•*:' ."ti however, any low-ront housing project covered by any
• contract for loans and annual contributions entered into botweon • .; •
the local Authority and the FIAA or its predecessor agencies, prior : •
to the date of this Agroement.
;
(b) The term "Taxing Body" shall mean the State or any * political ,: •
subdivision or taxing unit ti:ereof in which a Project is situated •••-'• •
• • ;•: . • and which would have authority to r.sscss or levy real or personal .
•• ,property axes or to certify such taxes to a taxing body or public • • ;
officer to' be levied for its use and benefit with respect to a
, .
: if it were not exempt from taxation.
(c) The term "Shelter :tent," 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 •
. Authority of all dwelling and nondwelling "
..(d) The term "Slum" shall mem the area where dwellings predominate ' •
h :.:which, by reason of dilapidation, overcrowding, faulty arrangement ,,.. ' '•]...
•: ' : or design, lack of ventilation, light or sanitation facilities, or 1
..• ::' any combination of those factors, aro detrimental to safety, health • •-..•;. •
- . or morals•
.
:.• 2. The Local Authority shall endeavor (a) to secure a contract or contracts
ith the HAA for loans and annual contributions covering one or r.ore Projects :
omprising approximately 700 units of low-rent housing and (b) to develop
nd administer such Project, or Projects, each of which shall be located within . • : • .•:,' ..;
• ', he corporate limits of the Municipality. The obligations of the parties hereto ,..• L i
".. -hall apply to each such Project.
3, (a) Under the constitution and statutes of the State of Arkansas ; : • F
11 Projects are exempt from all real and personal property 'taxes and
pecial assessments levied or imposed by any Taxi.ng Pody. Kith respect
any Project, so long as either (i) such Project is owned by a public
ody or goverrmental agency and is used for low-rent housing purposes,
„4::•:::r(ii.) any oontract between the local Authority and the HAA for loans
.7)r annual contributions, or both, in connection with such Project rrmnlns
r,-• force and effect, or (iii) any bonds issued in connection with such
••• : or any monies due to the HAit in connection with such Froject
main unpaid, whichever period is the longest, the Municipality agrees
it will not leVy or impose any real or personal property taxes or
npectial assessments upon such Project or, upon the local 'Authority with , . '7..• • ,
• respl3ct thereto. During such period, the local Authority shall make
.,..nnua,.1. payments (herein callud. "Payments in Lieu of Ma:Ls") in lieu of
ach taxes and special assessments and in payment for the Public services ..
;ad facilities furnished from time to time without other cost or charge
or or with respect •to such Project.
• 7
, .
••::.?„,; .7
Ns
,Y, � t sX.• , - I a lt r r �. .
=5 Page 2 F,^ q HUD 5 1 , • Ha B • • ;�•' '
Dec.' 1955
. � .(b) Each such annual Payment in Lieu of Taxes shall be made after'
` ` +'` 'it'�tp':tho end bf the fiscal year established for such Project, raid shall :f i
1','r," ti4+l be in an amount equal to either (i) ten percent (10%) of the aggregate
,r ' d 4 ,{;Shelter Rent Charged by the Local Authority in respect to such Project
l 'during such fiscal year, or (ii) tho amount permitted to be paid
by applicable st:.tc law in effect on the date such payment is made;'
1444whichever amount is the lower,
1 (c) The Local Authority shall distribute tho Payments in Lieu of
,4
the Taxing bodies in the proportion which the real property
, j r Truces among for such year
' ' taxes which would have been paid to each Tracing Dodo y
,' +^ `'if the Project were not ex mpt from taxation bears to the total fre such
, f , property taxes which would have been paid to all T• �g lded however
I year if the Project were not mcempt from taxation; , ,
1 't That no payment for any year shall be made to any Taxing Body in •
jt',i;, 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. i., '.. la' "' (d) Upon failure of t he Local Auth eastseoany e Authority ' •
of Taxes, no lien against any Prof
,.` shall attach, nor shall any interest or penalties accrue or attach :on
account thereof.
' Municipality agrees that, subsequent to the date of initiation (as .
'..`,defi 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 approved by the HAP, there has been or will be elimination (as pro
by the HAA) by dem condemnation, effective closing, or compulsory repair
•
A "t or improvement, of unsafe or insanitary dwelling units situated in the locality
? '.or metropolitan area • in which such Project is located, substantial
by e h
'number, to the number of newly constructed dwelling units provided
Project; Provided, That, where more than one family is living in an unsafe or
0 ,,insanitary dwelling unit, the elimination of such unit shall count as the
` elimination of units equal to the number of families a•ceommo atedcthe herein; and
• Provided, further, That, this paragraph 4 shall not apply in
`" any. Project developed on the site of a Slum cleared subsequent to July 15, 1949, ,
and that the dwelling units eliminated by the 'cle^r the
any other
'-Project shall not be counted as el ny other in a rural nonfarm other
flow —rent housing project, or (ii) any Froject
, 5. During the period commencing with the date of the acquisition of any
p • part of the site or sites of any Projec
t and v cont ui l so lon e
i ', ,, suw i p rl by a I blic body contract between the Local Authority and ,
'ti ' law rro tat hou housinn u
g ?oz annual tr
ms, or (ii) i) u
,+ ° .::the HAA for loans or annual conibuti tions, or both, in connection with such
° 1 1 Project remains in force and ei'iect, or (iii) any bonds issued in connection
', ,' nth such Project or any monies due to the HAA in connection with such Project ,
,'.:'remain unpaid, whichever poriod is tho longest, the Municipality without cost
1 , ,' `or charge to the Local Authority or the tenants of such Project (other than the
S Payments in Lieu of Taxes) shall:
(a) Furnish or cause to be furnished to the Local Authority and the
4 tenants of such Project public services and facilities of the same
.without out cost extent
as are
or to otherdwollin s and s inhabitants in the
f Municipality,
_ °' I (b) Vacate such streets, roads, and allevswithin the area of such
:= .. Project as may be necessary in the development thereof, and convey
�
t ' " without charge to the Local Authority such interest as the Mtmialiilpality
; have in such vacated arses, and, insofar as it is lawfully '' ' ' • , to do so without cost or expense to the local Authority or to the
r r Municipality, cause to be removed from such vacated areas, insofar as
„t ` 'it may be necessary, all public or private utility lines and equipment.
4 4 e *
IPA ! ,V l , I,1
,t .
1 ' 1,2 1' 1 '1%
`lair "f Wi? •
5'
r • � HUD 52481; • 0 A : ., Page 3 } - .-� '
Dec.
F •'' (c) Insofar as the Municipality may lawfully do so, (i) grant
such deviations from the building code of the Municipality sae are ,
(reasonable and necessary to promote economy and efficiency in the .
r' development and administration of such Project, and at the same •
^ i P - P time safeguard health and safety, and (ii) make such changes in '
any,soning of the site and surrounding territory of such Project
'';, ,, `P4 are reasonable and necessary for the development and protection
`of suoh'Project and the surrounding territory;
.1' ,,
" (d) Accept grants of easements necessary for the development of
f, _ii: such project; and • -
' (e) Cooperate with the Iocal Autho -ity 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 Project the Municipality fiuther agrees that Within
a reasonable time after receipt of a written request therefor from the Local Authority: .
• (a) It will accept the dedication of all interior streets, roads, ,
' ,valleys, 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'thereo£ 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 •
, ..t
bounding 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 asseesed•againet the '
Project site for such work if such site were privately wiled); 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 Municipality such amount as would ho assessed against
,,i 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
r 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 tho 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 operated by the Local. Authority. '
f;' No Cooperation Agreement heretofore entered into between the Municipality ', ,
• -and Local Authority shall be construed to apply to any Project covered by
this Agreement. .
9.:e. Ike Thng as any contract bets ecn the local Authority and the AAA for • ' •
. loans (including preliminary loans) or annual contributions, or both, in
: ';, connection with any Project remains in force and effect, or so long as any
='I a bonds issued in connection with any Project or any monies due to the HAA in
; connection with any Project remain unpaid, this Agreement shall not be
abrogated, changed, or modified without the consent of the HAA. The privileges
and obligations of the Municipality hereunder'shall remain in full force and
effect with respect to each.Projact 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 tho HAA, authorized by law to ongago in the development or
• ";- administration of low - rent horsing projects. If at any time tho beneficial
,;'.title to, or possession of, any °rojoct is held by such other public body or
governmental agency, including tho HAA, the provisions hereof shall inure to
.
the beiiofit Of and may be enforced by, such other public body or governmental ,
:;,, :'. • 'gency, including the HAA. .
' F '_1 ', I' t
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4 ' �, dT i '
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I, y - . i ' 1 1 HOD- 548 t 1 i
?
1 C. A.,. Page 4 ,,F ' ,
" ;;r!
g'; Doot' 55 a ua n nu .l • j h I w I4 1 :
IN WITNESS %THEREOF,. the :•muirtinli.ty awl the incal. Authority have G ',
respectively signed this Agr3om3ut and caused tluir seals to be affixed ,' ::: -
. attested as of the day and year first abo�o wntton.
' + •,1
r CITY a JA J SONVI E , AR • ,,� ,? t; r , °
r�. I I - � ra f tuif
1 . ' ii • , By / 4 t / :i ,L .� r m. •
it
CITY SEAL
• • T . I
f 'r::
ATTEST= ? 1
'
' ty Clerk
, ,Ira
HuUSING AUTHORITY OF THE CITY • { OF JACKSONVILLE , ARKANSAS s;1 • ' 11,41 •I • 11 , 1
BY ..::�
LHA Chai;Tnan 11
•
. LHA SEAL. r',
'ATTEST: J 4
: I +I I ` ' i t r•. �r
-
} LHA Secretary
.
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