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HomeMy WebLinkAbout1979 Ordinance No. 003BY AUTHORITY ORDINANCE NO. 3 ---- COU NCI L BI LL NO. _l_, SERIES OF 1979. COUNCILMAN HARPER AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND ENGLEWOOD HOUSING AUTHORITY, PERTAINING TO LOW-RENT HOUSING IN THE DENVER METROPOLITAN AREA, WITHIN THE CITY OF ENGLEWOOD. WHEREAS, the U.S. Department of Housing and Urban Development has sent notification of the availability of a certain number of units of public housing for all communities in the Denver Metropolitan Area, outside the City and County of Denver; and WHEREAS, application by local Housing Authorities must be made for said units; and WHEREAS, as a part of the application, a cooperative agree- ment must be executed between the City of Englewood and the Englewood Housing Authority in order that said Authority may qualify for the available units. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the City of Englewood, Colorado, and the Englewood Housing Authority shall enter into an agreement whereby the City recognizes the tax-free status of the Authority except for special assessments and for any low-rent housing it may obtai~ and the City agrees to cooperate with the Authority in matters relating to the payment for said housing, zoning, building permits, street and alley vacations, as are more fully set forth in the agreement attached hereto, marked Exhibit A, and made a part hereof as if fully set out. Section 2. The C i ty Council of the City of Englewood, Colorado, hereby aut horizes and directs the Mayor of the City of Englewood to sub- scribe his name to said agreement for and in behalf of the City Council of the City of Englewood and that the Director of Finance, ex officio City Clerk-Treasurer, attest and execute the same Introduced, read in full and passed on first reading the 2nd day of January, 1979. Published as a Bill for an Ordinance on the 3rd day of January, 1979 . Read by title and passed on final reading on the 15th day of January, 19 79. Published by t i tle as Ordinance No. 3 , Series of 1979, on the 17th day of January, 1979. --- ATTE S T: I, Willi am D. J ames, do he reby certify that the above and foregoing is a t rue, accurate and complete copy of the Ordinance passed on final reading and publ i shed by title as Ordinance No. 3 , Series of 1979 . -2 - ' • • • EXHIBIT A COOPERATION AGREEMENT THIS AGREEMENT, entered into this day of January, 1979, by and between the Englewood Housing Authority, a body corporate and politic, hereinafter called the •Local.Authority•, and the City of Englewood, Colorado, a municipal corporation, hereinafter called the •Municipality•, witnesseth: In consideration of the mutual covenants hereinafter set forth, the parties hereto do agree as follows: 1. Whenver used in this Agreement: (a) The term •project• shall mean any low-rent housing hereafter developed or acquired by the Local Authority with financial assistance of the United States of America acting through the Secretary of Hou sing and Urba~ Development, hereinafter called the •Government•1 excluding, however, any low-rent housing project c overed 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 subdivision 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 nondwelling utilities. (d) The term "Slwn" shall mean any area where dwellings predominate which, by reason of dilapidation, overcrowding, faulty arran9 ... nt or deai9n, lack of ventilation, light .or •anitation facilitiea, or any cOllbination of these factors, are detrimental to safety, health, or moral•. 2. The Local Authority shall endeavor (a) to aecure a contract or contracts with the Government for loan• and annual contribution• covering one or more Projects compriain9 approximately 150 unita of low-rent housing and (b) to develop or acquire and administer such Project or Project•, each of which •hall 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 conatitution and atatutes of the State of Colorado, all Projects are exempt from all real and personal property taxes levied or imposed by any Taxing Body. With respect to any Project, so long as either (i) such Project ia owned by a public body or governmental agency and is used for low-rent housing purpo•e•, or (ii) any contract between the Local Authority and the Government for loans or annual contributions, or both, in connection with auch Project remains in force and effect, or (iii) any bond• i••ued in connection with such Project or any monies due to the Government in 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 upon such Project or upon the Local Authority with respect thereto. During such period, the Local Authority shall make annual payments (hereinafter called "Payments in Lieu of Taxes") in lieu of such taxes 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 Payment in Lieu of Taxes shall be made after the end of the fiscal year established for such Project and shall be in an amount equal to ten percent (10%) of the Shelter Rent actually collected but in no event to exceed ten percent (10%) of the Shelter Rent. -2- (c) No payment for any year shall be aade to the Municipality in excess of the amount of the real property taxes which vould have been paid to the Municipality for such year if the Project vere not exempt from taxation. (d) Upon failure of the Local Authority to JDAke 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. During the period camnencing 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 governmental agency and is used for low-rent housing pur- poses, or (ii) any contract between the Local Authority and the Government for loans or annual contributions, or both, in connection vith such Project remains in force and effect, or (iii) any bonds issued in connection with such Project or any monies due to the Government in connection with such Project remain unpaid, whichever period is the longest, the Municipality, without coat or charge to the Local Authority or the tenants of such Project (other than the Payment• 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 time 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 Municipality may have in such vacated areas; and, insofar as it is lawfully able to do so wi thout coat or expense to the Local Authority or to the Municipal i ty, cause to be removed from such vacated area, insofa r as it may be necessary, all public or private utility lines and equipment; -3- ' • • • (c) Insofar as the Municipality may lawfully do ao, (i) grant such deviations from the building code of the Municipality as are reasonable and necessary to promote economy and efficiency in tbe development and administration of such Project and at the saae time safeguard health and aafety, and (ii) JDAke auch changes in any zoning of the site and aurroundin9 territory of auch Project aa are reasonable and necessary for the development and protection of such Project and the surrounding territory, (d) Accept grants of easements necessary for the develop- .. nt of such Project; and (e) Cooperate with the Local Authority by auch other lawful action or ways as the Municipality and the Local Authority may find necessary in connection with the development and administration of •uch Project. (5) In respect to any Project the Municipality further agrees that within a reasonable time after receipt of a written requeat therefor from the Local Authority1 (a) It will accept the dedication of all interior street•, 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 wi ll accept necessary dedications of land for, and will grade, improve, pave and provide sidewalks for, all street• bounding such Pro ject or necessary to provide adequate access thereto (in c onsideration whereof the Local Authority shall pay to the Municipality such amount as would be assessed against the Project site fo r such work if such site were privately owned)1 and (c) It will provide, or cause to be provided, water mains, and storm and sanitary sewer mains, leading to such Project and -4- • • • ..rving tbe bounding street• thereof (in coneideration whereof the Loc&l Authority •hall pay to the Municipality euch U1Dunt .. vou14 be a•••• .. d againet the Project sit• for euch work if euch •it:e v.re privately owned). '· If by reason of the Municipality'• failure or refueal to furnish or cauee to be furniabed any public ••rvic•• or faciliti .. whicb it baa agr .. d hereunder to furniah or to cauee to be furni•h•4 to th• Local Authority or to the tenant• of any Project, the Local Authority incur• any expense to obtain such ••rvicea or facilitiee, then th• Local Authority aay deduct the U1Dunt of auch expenae froa any Payment• in Lieu of Tasea due or to beca11e due to the Municipality in r .. pect to any Project or any other low-rent houain9 project• · owned or operated by the Local Authority. 7. Ho Cooperation Aqre ... nt heretofore entered into between the lklnicipality and tbe Local Authority •hall be conetrued to apply to any Project covered by th• Aqr .... nt. 8. llo Mmber of the pemin9 body of the llunicipality or any other public official of the Municipality who exerci••• any r .. poneibiliti•• or function• with reapect to any Project during hi• tenure or for one year thereafter ahall hav. any intereat, direct or indirect, in any Project or any property included or planned to be included in any Project, or any contract• in connection with auch Project• or property. If any auch 9overnin9 body aellber or auch other public official of the Municipality involuntarily acquire• or had acquired prior to the beginning of hi• tenure any euch intereat, he •hall immediately diacloae auch intereat to th• Local Authority. . 9. So long as any contract between the Local Authority and the Government for loan• (including preli•inary loana) or annual contribution•, or both, in connection with any Project remain• in force and effect, or ao long as any bond• iaaued in connection with any Project or any monies due to the Governaent in connection with any -s- h 1~ l . I . I r: I . r "' ''.< . ~ ~. I 1-.. 1· :~ I : . .' !. I '. ;' t • • Pro j ect r.-.in unpaid, this Agre ... nt •hall not be abr09ated, changed, or modified without the consent of the Government. The privilege• and obligations of the Municipality herewutar •hall r ... i n in full force and effect with respect to each project •o 1009 as the beneficial title to such Project i• held by the Local Aut!aority or by any other public body or 9overn11ental agency, i ncluding tho Government, authorized by law to engage in the devolop- men t or adainistration of low-rent houaing project•. If at any time the beneficial title to, or possession of, any Project is held by such other public body or90"9rnmental agency, including the Government, the provi•ione hereof shall inure to the benefit of a~ aay b e enforced by, •uch other public body or governmental agency, includi09 the Government. IN WITNESS WHEREOF, the Municipality and the Local Authority have respectively signed this "9reement and caused their seals to be a f f i xed and attested a• of the day and year fir•t above written • (SEAL) Atteet a CITY OP ENGLEWOOD, COLORADO, a municipal corporation By -J-:.-aa_e_s __ L=-.~T~a-y-l~o-r--,~Ma=-y-o-r~-------- ex officio City Clerk-Treasurer ENGLEWOOD HOUSING AU'l'HORITY By-----------------------=.--'f'"""':"~---Cha irman Attest: -6- ; I l.t :. t ·· 1·: I ; I -: , . I . , .. '· I ' 1 1.·~ ·• : . "' I . I ', ~· ... . ' ' i k I I.' j '