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HomeMy WebLinkAbout1976 Resolution No. 033. . . • • • . • RESOLTUION NO. 33 , SERIES OF 1976 A RESOLUTION ADOPTING AN AMENDED AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, A MUNICIPAL CORPORATION AND THE ENGLE- WOOD HOUSING AUTHORITY, A BODY CORPORATE AND POLITIC, IN- CORPORATING SEVERAL RECOMMENDATIONS PROMULGATED BY THE ENGLE- WOOD HOUSING AUTHORITY. WHEREAS, the City of Englewood, a Municipal corporation, and the Englewood Housing Authority, a body corporate and politic, entered into a written Agreement under date of Fe bruar y 3 , 197 5 , a nd approve d by Ordinance No. 13, Series of 1 975; and WHEREAS, by Resolution No. 34, Series of 1975 adopted and approved June 16, 1975, the Englewood Housing Authority and the City Council amended several provisions of said Agreement relating to the Revolving Rehabilitiation Loan Fund Program; and WHEREAS, the purpose of said Agreement and the amend- mends thereto were to appropriate funds in conjunction with a grant to be provided by the Colorado State Department of Housing to make monies available for rehabilitation of substandard housing through the use of loan programs; and WHEREAS, the Englewood Housing A~·thority on June 29, 1976 recommended to City Council that certain additional amend- ments be mad e to the AGreement of February 3, 1975. -NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the Agreement between the City of Englewood, Colorado, a Municipal corporation, and the Englewood Housing Authority, a body corporate and politic, as amended, and dated July 19, 1976, a true copy of said amended Agreement is attached hereto, is hereby ratified and approved • 0 .. • • • Section 2. The City Council of the City of Englewood, Colorado, hereby authorizes the Mayor of the City of Englewood, Colorado, to subscribe his name to said Agreement on and in behalf of the City Council and the City of Englewood, Colorado, and the Director of Finance, ex officio City Clerk-Treasurer attest the same. ~ ADOPTED AND APPROVED this 19th day of July, 1976. ·~~~ ATTBST: I, William D. James, ex officio City Cl~rk-Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoin9 is a true, accurate and complete copy of Resolution No. _J!__, Series of 1976. ex o -2- . . . • • • AMENDED AGREEMENT THIS AGREEMENT entered into thi• 19th day of July, A.O., 1976, by and between the City of Englewood, Colorado, • Mun1c11Nl corporation, h ~rein called City, and . the Englewood Housing Authority, .. body corporate and politic, organized and ex1atin9 pursuant to Title 29, Article (, Colorado Reviaed Statute• 1973, here i n called Authority. WITNESSETH: WHEREAS, there is a shortage in the City of Englewood of aafe, deco nt and sanitary housing which is within the finan- c1•l c•p•bil1ties of persons having low and moderate income; and WHEREAS, the elimination of substandard housing and the providing of decent, safe and sanitary housing for citizens •re public uses and purposes and are govern111ental and municipal functions; and NHEREAS, lhf' roh11bi Ii lul ion of aubatnndard houeing would confer a general benefit on the City of Englewood at large; and WHEREAS, it is essential and there esists a compelling need to .. ke funds available for rehabilitation of substandard housin9; and WHEREAS, the funds made available for the purpose of implementing and executing the term• and provisions of this Agrea11ent ultimately go to public, rather than private purposes; and WHEREAS, Title 29, Article l, C.R.S. 1973, permita, encourages and authorizes local governments and public entities to enter into contracts with on e anothe r to provide any function, aervice or facility lawfully authorized to each of the con- tractinq un ita. -1- • • • NOW, THEREFORE, in consideration of tb~ foregoing and the covenants herein contained the City and the Authority •9ree as follows: 1. The City shall by appropriate legislative •nact- .. nt .. ke av•ilable to the Authority' the sum of Ninety Thousand • ($90,000.00) Dollars for the purpose of i~plementing and executing the tenaa and provisions of this Agreement, and the City .. y, without obligation to ~o so, make additional appro- priations to the Authority for said purpc;>se. The Authority . •hall .. k• application for a State Division of Housing grant as authori.zed by Law and rn,,y 111akc application !or other avail- able mionies for housing rehabilitation loan pro9r.ams. 2. The Authority through its personnel, or the per- sonnel of the City, ~ith the approval of the City Manager, shall be responsible for the execution of the· housing rehabilitation loan pr09raa, herein called the pro9raa • l. The owner ·of a single family residence located in the City of Englewood who occupies the same as his sole and only place of residence shall, if ••id r..iidence is substandard as defined under the Housing Code of the City of EnglewOod, be eligible to make application for housing rehabilitation assis- Unce under the pr09raa. 4. Application for assistance shall be first sub- aitted to and approved by the Authority. 5. Upon receipt of an application, the Authority shall cause an inspection to be made of the applicant's res- idence and if same is found to be substandard shall: Ca) Cause a detailed list and 'explanation to be made of all actions and work required to , eliminate or repair the conditions of the res- idcnce which make it substandard. -2- • • • (b) Cause an estimate of the co•t of •uch rep airs to be made. (c) Obtain sufficient documentation that the applicant had good title to said -residence. Cd) '14ke an e•timate of the value of the applicant's equity in said residence. (e) Prepare and verify ·a social and economic profile of the applicant which shall include: t .. ily composition, f~ily income, place of . · et1ployment, if any, of all lllelllbers of the family. approximate date of purchase of the residence, and existing indebtedness secured by said r••ideQpe. (f) Prepare a preliminary analysis of applicant•• ability to repay any funds made available· to applicant under the program. 6. In the preparation of all report• and analyses required by para9rapb 6 heretofore, the following definitio& and standards shall apply and be followed by the Author"ity: J I. INCOME LIMITS* TO QUALIFY FOR LOW INTEREST . LOAN (a) 1 -$ 7, 200 (b) 2 -9,200 (c) 3 -10,350 (d) 4 -11, 500 (e) 5 -12,250 ( f) 6 -12,950 (9) 7 -13,700 (9) 8 -14 ,400 • (Excluding the value of the owner-occupied property to be rehabilitated) -3- ' • • ! • ll. INC OME OUALIF'ICATIONS FOR NO-INTEREST LOAN* l -$ 4,)00 2 -5 , 1·,,o 1 -c., '•OU ' -7,200 • 5 -7,750 ,, -IJ. J !J O 7 -8,950 8 -9,500 • (Ex c l ud in g \:alue of owner-occupied property to be rehabilitated) III. OWNER-OCCUPANT (a) Must be owner-occupant of the dwellin9 to be rehabilitated. Loans may be made to owners of legitimate rental property when the owner also lives as an occupant of the property, provided the applicant qualifies with i n the income limitations. (b) Must be Englewood resident, title owner a nd o c cupant of the property for a minimum of two (2) years prior to the date of enact- me nt of the Revolving Rehabilitation Loan Fund, Ord i nance No. 13, Series of 1975. Pr i ori ty will be g i ven to residences with longe r r esid e ncy. IV. PRI ORITIES (a) Wh e n t wo (2) or more applicants are equally eligible, the following criteria wi ll be weighed as follows: Cl ) Most critical endangerment to health and/or safety -4- • . . • • • (2) Loweat inca.e (3) Length of reaidency in Englewood (4) Longevity -age of applicant (SI Peraonal interview 7. The Authority s hall then examine and evaluate tho appl i c ation, t oq ethe r with a ll report• and finding• requ i red by para 9raph• 5 and 6 hereof, and either approve, re ject or mochfy and a pprove s.uch application. The deciaion of the Authority s hall be final and binding upon the applicant and it• deciaion ati.11 not be subject to appeal by the applicant. I. The Authority •hall require any applicant to repay all of the f unda .. de available under thi~ ~roqram. Elderly applicant• and those receiving a no-interest loan may select one of the fo l low i n9 .. thods of repayment: (a) Ti .. payments made on a monthly, quarterly or annual basis • (b) Full repayment ahall becOlle due upon the aale and/or conveyance of property or upon removal of the applicant from the real property. (c) The entire amount of the rehabilitation loan shall fall due and payable aa a claim against tha es t ate of t h e appl i cant, and shall become a lien on the r ea l property of the said applicant upon h i s d o misc. Non-e lderly applicants receiving a low interest loan shall repay the loan by time payments to e xte nd over a period of no more than twenty (20) years. Full payment shall be due upon sale or conveyance of the property. (d) Loan recipients will be recertified every two (2) y ea rs to insure continued elgibility and correct payS1ent schedule • -5 - .. • • • (e) The Authority shall apply administrative guidelines to insure that the loan is protected by a lien on the real property, depending upon the way in which the property is titled. 9. Alll funds r e paid by applicants shall be used only for similar loans of housing rehabilitation assistance to applicants approved by the Authority. I 10. The Authority shall approve all loans under this prograa by appropriate action when satisfactory evidence of the following have been submitted to the Authorityz (a) Ap p licant has good title to the residence and sufficient equity therein to justify said loan. (b) Applicant has entered into a written con- tract on forms to be approved by the City . Attorney and the Authority with a person or entity qualified to perform and complete repairs required to rehabilitate the residence. (c) That said residence after rehabilitation and repairs will not probably again become sub- standard. (d) The applicant has not previously received housing rehabilitation assistance under the program hereby established. 11. All p e rsons and eratities entering into contracts wa l h ~p pla c a nls fo r r e pai r s a nd r e hab i litation of any sub- standard res i dence, shall be an equal opportunity ·employer and shall comply with all applicable Federal, City and State codes, statutes a nd ordinances. 12. The Author i ty sh~ll generally supervise all repa i r and rPh a bilitation construction and shall authorize -6- ' • . , . • • • 1NY919nt for aAJMt when substantially performed in accordance with the construction contract entered into by applicant and approved by Authority. 13. The Authority shall prepare administrative procedure• to i.,lo11ent the intent of thi• contract. 14. Thi• Agreement shall be binding upon the parties hereto and their aucceasora. EXECUTED at Englewood, Colorado this 19th day of July, A.D., 1976. ATTS8T1 Director of Finance CITY OF ENGLEWOOD, COLORADO, a Municipal corporation By -~M.yor .. officio City Clerk-Treasurer APPROVED AS TO FORM: CITj Attorney ENGLEWOOD ROUSING AUTHORITY By chairman ATTUTs Executive Director -7-