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HomeMy WebLinkAboutR-1990-025 r RESOLUTION NO. 25-90 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING REVISED COOPERATION AGREEMENT BETWEEN THE DANIA HOUSING AUTHORITY AND THE CITY OF DANIA; AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1 . That that certain revised Cooperation Agreement between the Dania Housing Authority and the City of Dania, a copy of which is attached hereto as Exhibit "A" , be and the same is hereby approved, and the appropriate city officials are hereby directed to execute same . Section 2. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED this 2Rth day of February , 1990. YOR - COMMIS ER ATTEST: 'CITY CLERK - AUDITOR APPROVED A� � Si TO FORM AND CORRECTNESS: FRANK C. ADLER, City.Attorney Resolution No. 25-90 I 1 4G-005LA (HL'�81) Nov. 1969 Page l(SA) COOHRATION ACKEEMFNT This Agreement entered into this day of , 19 , by and between THE DANIA HOUSING AUTHORI'1Y (herein called the "Local Authority") and THE CITY OF DANIA (herein called the "Municipality") , 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 as an entity by the Local Authority with financial assistance of the United States of America acting through the Secretary of Housing and Urban Development (herein called the "Government"); excluding, however, any low-rent housing project covered by any contract for loans and annual contributions entered into between the Local Authority and the Government, 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 income of such Project) , less the cost to the Local Authority of all. dwelling and noadwelling 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 detrimental to safety, health or morals. 2. The Local Authority shall endeavor (a) to secure a contract or contracts with the Government for loans and annual contributions covering one or more Projects comprising approximately _2qp_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 Municipality. The obligations of the parties hereto shall apply to each such Project. 3. (a) Under the constitution and statutes of the United States of America , all Projects are exempt from all real and personal property taxes and special assessments levied or imposed by any Taxing Body. With respect to any Project, so lone 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 an • mortres- due to thin-Government;' ja 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 or special assessments upon such Project or unon 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 time to time without other cost or charge for or with respect to such Project. EXHIBIT Wt IG-UI61A(li00-524R I ) Nov. 1969 Page 2 (F.t)) (b) Each such annual Payment in Lieu of 'faxes shall be made after the end of the fiscal year established for such Project, and shall be In an amount equal to either ( i ) ten percent (107,) of the Shelter Rent actually collected but in no event to exceed cr.n percent ( 107) 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 appli:able state law in effect on the date such payment 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 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 wen• not exempt from taxation; Provided, however, that 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 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.- The Municipality agrees that, subsequent to the date of ins (a fined in the United States housing Act of 1937' of ea ject and wlthi a years after the completion thereof, or suc er peeled as may be ap d by the Government and in addition number of unsafe or insanirar 11in. units .hici, the Municipt is obligated to eliminate as a part of the -rent cous,ng project s etofore undertaken by the Local Authority and tlfiud as Projee (s) there has been or -,-ill be elimina- tion, as cercifit•d by the Mont ity, by demolition, concc,rnation, effective e-« closing, or compulsory repa nvement , of unsafe or insanitary dwelling units situated in the to y or met litan area in which such Project is located, substantial) a in number t number of newly constructed dwelling units prov ' by such Project ; Pro d, That, where more than one family is living ..n unsafe or insanitary dwe , unit, the elimination of such unit count as the elimination of unit -ual to the number of families ac odated therein; and Provided, further, this paragraph 4 -' - „ eun,t no iy in the case of (i) any Project developed - e site of a Slum c d subsequent to July 15, 1949, and that the dwells tnits ell ed by the clearance of the site of such Project shall no counted a mina[ion for any other Project or any other low-rent housing 'ect, (ii) any Project located in a rural nonfarm or Indian area. 5. During the period commencing with rho datc 'of the acquisition of any part Of the site or sites of any Project ano continuing so long as either (i) such Project is owned by a public bout' or ,,ovorninental agency and is used fo: l:a rent hn,io n. , -, any contract but'-ern the Loc ! : Authority and the Government for loans or animal contributions , or both, in connection with such Project remains in force and etiect , or ( iii) any hunds is=acts in connection with such Project or any monies our to the -Government in connection with such Project remain unpaid, whichever period is the lonresc, the Municipality without cost or charge to the Local Author.ty or the tenant; of such Project (ocher than the Payments in lieu of taxes) shall : (a) Furnu:h or cause to he furnichod to thu Loc.ii AL.Jhc^. 1CY and the tenants of suc': Project ;,u]i .. s-r, :c.•: a'U� : .IC . . -. .. ��I[ !:'l Ll•• charact,r aid to to-t :,.imo .:xt •.._ ,. ire fur.: .: I cit:e wfthou: crt or :hur�e t., it ­ d : .: i to '' i t l :n :he Municipality ; 4G-QO51A (HUD-le Nov. 1.969 PAae. 3 i (h) 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 Authoritv such interest as the Munici- nali.ty may have in such vacated areas ; and insofar as it is law- fully able to do so without cost or expense to the Local Authority or to the Municipality , cause to be removed from such vacated areas, insofar as it may be necessarv, all public or private utility lines and eauirment. (c) Insofar as the Municipality may lawfully do so, (i) grant such deviations from the building code of the Municipality as are reason- able and necessary to promote economy and efficiency in the develop- ment and administration of such Project, and at the same time safe- auard 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 protection of such Project and surroundina territory; (d) Accent grants of casements 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 . Tn respect to anv Project the Municipality further agrees that within a reasonable time after receipt of a written request therefore from the Local Authoritv: (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 and sanitary sewer mains in such dedicated areas , after the Local Authoritv, at its own expense, has completed the grading, improve- ment, pavings , and installation thereof in accordance with specifica- tions acceptable to the Municipality; (b) It will accept necessary dedications of land, for and will grade, r improve, pave, and provide sidewalks for, all streets bounding such I Project or necessary to provide adequate access thereto (in consideration kr whereof the Local Authoritv shall pay to the Municipality such amount as would be assessed against the Project site for such work if such were privately owned) . (c) It will provide, or cause to be provided, water mains, and storm and sanitary sewer mains , leading to such Project and serving the bound- n..a1 ina streets thereof (in consideration whereof the Local Authority shall nav to the Municipality such amount as would be assessed against the nroiect 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 Authoritv or to the tenants of any Project, the Local Authority incurs anv exnpnRP to obtain such services or facilities then the Local Author- itv may deduct the amount of such expense from any Payments in Lieu of Taxes or to become due to the Municipality in respect to any Project or anv other low-rent housinq projects owned or operated by the Local Authoritv. S . No Cooperation Aqreement heretofore entered into between the Municipality and the Local Authoritv_ shall be construed to apply to any Project covered by this Aqreement . 9 . No member of the aoverninq body of the Municipality or any other public official of the Municipality who exercises any responsibilities or Functions with respect to anv Project during his tenure or for one year thereafter shall have anv interest , direct or indirect, in any Project or anv property included or planned to be included in any project, or anv contracts in connection with such Projects or property. If any such aoverninq body member or such other public official of the Municipality involuntarily acquires or had acauired prior to the beginning of his tenure anv such interest , he shall immediately disclose such interest to ' the Local Authoritv . ' J i i a :j 7 )i Page 4 i 10 . So long as any contract between the Local Authority and the Government 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 bonds issued in connection with any Project or any monies due to the Government in connection with any Project remain unpaid, this Agreement shall not be abrogated, changed, or modified without the consent of the Government. 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 governmental agency, including the Government , 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 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 respectively signed this Agreement and caused their seals to be affixed and attested as of the day and year first above written. (Corporate Name of Municipality) (SEAL) By Mayor - Commissioner ATTEST: City Clerk - Auditor By Chairman (SEAL) ATTEST: Secretary i I i { 1