HomeMy WebLinkAboutR-1987-067 i
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RESOLUTION NO. 67-37
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DANIA, FLORIDA, APPROVING THE COOPERATION
AGREEMENT BETWEEN THE CITY OF DANIA AND TEE
DANIA HOUSING AUTHORITY , AND AUTHORIZING AND
DIRECTING THE EXECUTION OF SAME BY THE
APPROPRIATE CITY OFFICIALS ; AND PROVIDING THAT
ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF
SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE
DATE .
the City of Dania desire
WHEREAS , The Dania Housing Authority and
to enter into a Cooperation Agreement in connection with the
nits pursuant to the United States
development of low-rent housing u
Housing Act of 1937 as amended;
NOW, THEREFORE , BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DANIA, FLORIDA:
sect_ That certain Cooperation Agreement by and between the
City of Dania , a Florida municipal corporation, and the Dania Housing
Authority, which is attached hereto as Exhibit "A" , be and the same is
hereby accepted and approved; and the Mayor-Commissioner , City Manager
and City Clerk-Auditor he and they are hereby directed to execute same
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on behalf of the City -
Section
__ That all resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such conflict .
Section 3 . That this resolution shall be in force and take effect
immediately upon its passage and adoption.
December 1987 .
PASSED and ADOPTED this 8th day rof _�—_ 1F -
MAYOR - COMMLSSIONER
ATTEST :
CITY CLERK-AUDITOR
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4G-0051A (HC ' ) r
Nov. 1969
Page 1(SA)
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COOPERATION AGREEMENT
This Agreement entered into this day of , 19
by and between THE DANIA HOUSING AUTHORITY
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(herein called the 'local Authority") and THE CITY OF DANIA
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(herein called the "Municipality"), witnesseth:
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In consideration of the mutual covenants hereinafter set forth, the parties ?.
hereto do agree as follows: Fk
1. Whenever used in this Agreement:
(a) The term "Project" shall mean any low-rent housing hereafter developed k
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
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tenants of a Project for dwelling rents and nondwelling rents (excluding
all other incw.e of such Project) , less the cost to the Local Authority
of all dwelling and nondwelling utilities.
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(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.
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2. The Local Authority sball endeavor (a) to secure a contract or contracts with
the Government for loans and annual contributions covering one or more Projects
comprising approximately .,_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 Staten
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 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 an--
,a 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 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 time to time without other cost or charge for or with respect
to such Project.
1c•01151A(I0I11-524HI )
Nov, 1969
Page 1 (F.q)
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(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 (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, i
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(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
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for such year 1f the Project were, not exempt from taxation; Provided,
however, that no payment for any year shall be made to any Taxing v
Body in excess of the amount of the real property taxes which would
have been paid to such 'raxtng 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 ini '
(a fined in the United States !lousing Act of 1937) of a ,eet and
withi a vears after the completion thereof, or suc er period as
may be ap d by the Government and in addition number of unsafe
or insanitar 11fng units �hiCh Lite Nunicipe 1s obligated to eliminate
as a part of the -rent sousing project (s etofore undertaken by the
Local Authority and tified as Proje (s)
there has beer. or. ..;ill be elimina-
tion, as certified by the Muni ity, by demolition, ccncernation, effective
closing, or compulsory repa veme.nt , of unsafe or insanitary dwelling
units situated in the to y or mt•t titan area in which such Project is
located, substantiall al 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
shall no ly in the case of (i) any Project developed a site of a
slum c d subsequent to July 15, 1549, and that the dwells nits
eli ed by the clearance of the site of such Project shall no counted
a mination for any other Project or any other low-rent housing ect,
(it) any Project located in a rural nonfarm or Indian area.
5. During the period commencing with the date of the acquisition of any part
Of the site or sites of any Pro over ano continuing so long as either (i) such
Project is owned by a public bout' or r,uvvrnmintal agency and is used lc,.;
rent hnnO^r env contract bet .een the i.ac is authority and
the Government for loans or annual contributions, or born, in connection with such
Project remains to force and effect , or ( iii) any bonds issued 1n connection
with such Project or any monies au, 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 o: such Project (other
than the Payments in lieu of taxes) shall :
(a) rurnitih or cause to ie fvrni-;hed to th.: Loc.tl a1.thcrttV and the
tenants OI SUl'1 Prn ,ect ; U .: .L sir" 1C 7'1 ! ! 1C _. _ all. Sala•`
chary.:, r iod 'o t.i,. sa. ,. .,rt.•-t .ts ire fur ,....: to t .:ie
W1Ch0u: iJSt or ;har;e c,, it - ,r d'a' : i it, - t:l l l":-:.. . . i '.n tf.v J
1I•-00',1A (ill 1. ,2481Nov. 069
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CLwst. it ex 'n. c Lu the LUL.1t� ity ur Lo a Municipality bremoved 1 om s h vacated plesofar as ' t may be ecessarblic
or pri:' c utility lines/�lnd
(c) Insofar as the Municipality may lawfully do so, (i) grant such 3
deviations from the building code of the Municipality as are reasonable
and necessary 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
surrounding territory of such Project as are reasonable and necessary
for the development and protection of such Project and 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 Project the Municipality further agrees that within a
reasonable time after receipt of a written request therefor froc the Local Authority:
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(a) It will accept the dedication of all interior streets, roads, alleys, i
and adjacent sidewalks within the area of such Project, together with all
storm and sanitary sewer mains in such dedicated areas, after the Local r-
Authority, at its own expense, has completed the grading, improvement,
pavings, and installation thereof in accordance with specifications
acceptable to the Municipality;
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(b) t will a ept necessa dedicati s of and, forXanw' rade,improv pav , and provi sidewalks for, a streets, ch P_ tor ogee a to provide ' � •quatc access t -eto (in co wherethe iota authority sha 1 p v co the Mun •cip lity suchwouldasses- d ao inst the P oject to for s ch wor f suepri ate y
owne ) ; and '.
(c) It will provide, or cause to be provided, water mains, and storm and i -
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 ;.mount as would be assessed asainst the Project site for such work if such
site were privately owned) .
7. If by reason of the 'Iunicipality' 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 cr facilities then fte
Local :Authority may deduct the amount of such .expense from any ?_,.^rents in Lieu of
Taxes or to become due to the `;unicipality in respect to any Project or any other
low-rent housing projects owned or operated by the Local Authority.
8. No Cec-)aration agreement heretofore entered into between the 1'un.icipalicy and t^e
Local .authority shall be construed to apply to any Project covered by this Agreement.
9. NO member of the governing body of the `Iunicipality or any ocher public official
of the Municipality who exercises any responsibilities or functions with respect co
any Project during his tenure or for one 'year thereafter shall have any interest,
direct or Indirect , in anv Projecc or :Inv -property included or a:ann.ed co be included
in any - :.ct , or an: contract.; in ccr.neccion '.:ith such Pr-)jeets or property. if any
such _.'c' . -.io_ body' -cnbor Jr 'vch Wio- of;alit official ehe r.icip.:licv inyala..:ar.
1 7u :.i J1 ll ..i . nr t . . '_J ttlo in:e:dsc' he Sn.i
re ::,e _.1c.11 .l'a ChorlC+.
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;r,-005LA (HUD-52481 ) J
Nov. 1969
Page 4
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10. So long as any contract betw«en the Local Authority and the 0overnm-nt
for loans (including preliminary loans) or annual contributions, or both,
In connection with any Pro.;ect remains in force and effect, or so long_ es
any bonds issued in connection with any Project or any monies due to the
Government in connection with any Project remain unpaid, this Agreement
shell 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 Goverrmert,
authorized by law to engage in the development or administration. of ]ov. E
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 Go.ernment, the provisions hereof shall inure to the
benefit of and may be enfor—d by, such other public body or governmental
agency, including the Government. _
IN WITNESS WHEREOF the Municipality and the Local Authority have
Tegpectively signed this Agreement and caused their seals to be affixed and
attested as of the day and year first above written.
CITY OF DANIA
A, Corporate Name of Municipality)
,s
(SUL)
By
MAYOR Title
Attest:
f CITY( CLERK Title
CITY _
By( heirmaaj 1 _
(SEAL)
ATTEST:
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