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HomeMy WebLinkAbout1962-04-23 118-P ORDER118-P Introduced by Councilor Gross, April 23, 1962 CITY OF BANGOR (TITLE.) Vvrilere--Authorizing--City . Manager_ for and.. ora.. behalf of the...... City of.Bangor.-to Execute. Cooperation. Agreement Qthe ci4 Con. of of We City o(Bmnpor: ORDERED, THAT the City Manager for and on behalf of the City of Bangor execute the Cooperation Agreement entered into by and between the Bangor!Qrban Renewal Authority and the City of Bangor, said Agree- ylent,be,thg filed herewith in the office of the City Clerk of the :CdtT-,oneangor. mwe M:n.> 118-P RECEiV ORDER �� 4IR 17 7M 9: CITY CLER Q6, city '+nAgftr. to Erernte ............ Cqv ^f Repooa M�IECEp p ration ,Agreement IN CITY COUNCIL rced eN Bled ,April 23, 1962 by P,ASSEO Gmmmo C CLENE ,,.., COOPERATION AGREII4INT BMOU2l BANGOR URBAN =-AL AUTHORITY AND CITY OF BANGOR THIS AGREEMENT entered into this 47 of 19_, by and between the BANGOR URBAN RENE'AL AUTHORITY (hereinafter called the authority'Q, a public body, politic and corporate, duly organized and existing order the provisions of the Urban Renewal Authority Law of Maine as set forth in the Private and Special Lams of 1957, Chapter 168, (hereinafter called the "Authority LaM') antl having its usual place of business in the City of Sanger, County of Penobscot, State of taus, and the CITY OF 13ANCCR, a public body, Politic antl corporate, (hereinafter called the "City"), witnesseth that: WIflMEAS, on December 7, 1961, the Authority approved am adopted a plan (hereinafter called the "Renewal Plan") for the assembly, clearance, redevelop- ment and renewal, under the Authority law of blighted and substandard area in the City (hereinafter called the "Renewal Project"), said area being more par- ticularly described in said plan, and which plan is hereby incorporated herein by reference as though fully set forty{ said area is known as the Stillwater Park Urban Renewal Project Area, and is generally bounded by the following streets: on the south by Ht. Hope Avenue, On the north by Stillwater Avenue, on the east by the rear lot linea of the Properties fronting on the east aide of Dartmouth '_eeet, and on the vest by the rear lot lines of properties fronting on the heat side of Birch Street; and WHEREAS, on January 22, 1962, the City Council of the City of Bangor (hereinafter called the "Council") approved the aforesaid Renewal Plan as being feasible and in conformity with the Master Plan of the City and made certain other findings of fact required by law in connection therewith; and WHEREAS, the Authority will need contributions or grants of money, properties or services from the City and the United States Government (hereinafter called the "Government") in order t0 carry, out and complete said Renewal Flan; and i4®tgAS, the City is authorized by the Authority Law to make such con- tributions or grants W the Authority, and the Government is authorized! by 'Title 1 of the Housing Act of 1949, as amended to date (hereinafter called the "Housing Act^) W make similar contributions or Searle; and '4IIZJAS, it is provided in Section 104 of the Housing Act that a contract between the Governinent and a local agency engaged in a renewal project providing for capital contributions of grants from the Goverment shall require similar local contributions or grants equal to at least one-fourth of the aggregate net project cost as defined therein; and °9Q.iVEAS, it is further provided in Section 110 (d) of the Housing Act that the aforesaid local contributions or grants (therein defined as ^Local Grants- in-Aide), shall mean, "assistance by a State, municipality, or other public body, or (in the Mae of cash grants or donations of land or other real property) any other entity, in connection with any project on which a contract for capital grant has been made under this title, in the form of (1) cash grants to defray expenditures within the purview of section 110 (e) (1) hereof; (2) donations, at each value, of land or other real property (exclusive of lands in streets, alleys, and other public rights-of-way which may be vacated in connection with the project) in the urben renewal area, and demolition, removal, or other work or improvements in the urban renewal area, at the cost thereof, of the types des- cribed in clause (2) and clause (3) of the second sentence of section 110 (c); and (3) the provision, at their coat, of public buildings or other public facili- ties (other than publicly om,ad housing and revenue producing public utilities the capital cost of which is wholly financed with local bonds or obligations payable solely out of revenues derived from service charges) which are necessary foe carrying ou• in the area the urban renewal objectives of this title in accordance with the urban renewal plan: Provided, That in any case where, in the determination of the Administrator, any park, playground, While building, or other public facility is of direct benefit both to the when renewal area sell to other areas, and the approximate degree of the benefit to such other areas is estimated by the Administrator at 20 per centum or core of the total benefits, the Administrator shall provide that, for the purpose of computing how amount of the local grants-in-aid for the project, there shall be included only such (2) portion of the cost Of Such facility as the Administrator estimates to be pro- portionate to the approximate degree of the benefit of such facility to the urban renewal area; And provided further. That for the purpose of competing the amount of local granta.in-aid under this section 110 (d) with respect to any project covered by a Federal aid contract under this title, the estimated cost (as determined by the Administrator) of parka, playgrounds, public buildings, or other public facilities may be deemed to be the actual coat thereof if (i) the construction or provislon thereof is not completed at the time of final disposition of land in the project to be acquired and disposed of order the urban renewal plan, and (i1) the Administrator has received assurances satis- factory to him,that such park, public building, or other public facility will be constructed or completed when needed and within a time prescribed by him. An provided further, That in any case where a public facility furnished as a local grant-in-aid is financed in whole or in part by special assessments against real property in the project area acquired by the local public agency as part of the project, an amount equal to the total special assessments a- gainst such real property (or, in the case of a computation pursuant to the proviso immediately precedUng, the estimated amount of such total special assesments) shall be deducted from the cost of such facility for the purpose of .omputing the amount of the local grants-in-aid for the project. With re- spect to any demolition or removal work, inprovement or facility for which 5 State, municipality, or other public body has received or has contracted to receive any grant or subsidy from the United States, or any agency or theirs- mentality thereof, the portion of the cost thereof defrayed Or estimated by the Administrator to be defrayed with such subsidy or grant shall not be eligible for inclusion as a local grant-in-aid. Notwithstanding any ether provision of this subsection, no donation or pro- vision of a public imprevenm2 or public facility of a type falling within the purview of this subsection shall be deemed to be ineligible as a local grant- in-aid for any project solely on the basis that the construction of such im- provement m-prove ent or facility was commenced without notification to the Administrator or prior to federal recognition of Such project, if such construction was com- menced not more than three years prior to the authorization by the Administrator of a contract for loan or capital grant for the project;" and (3) Na;, THER7FDRE, IT IS HEREBY :.GREED BY W E -T" rV THE PARTIES HERETO AS FOLIMIS: 1. Imsediately upon receipt of funds pursuant to a land and grant contract between the Authority aid the Government under the Housing Act (an application for said contract having been heretofore filed with the Government by the AuM- ority) the Authority will undertake said Renewal Project in accordance with said Hammel Plan, and commence and carry out as expeditiously as possible each suc- cessive phase of the project as funds are made available. 2. To defray the aggregate net project cost of the project as conputed and determined in accordance with the provisions of the Housing Pat, the Authority will comply with all necessary conditions statutory or otherwise, to obtain a capital grant donation from the Goverreene, under Section 103 (a) of the Housing Act in the maximum descant allowed by law, it being provided that said capital grant donation shall be in an amount not to exceed three-fourths of said aggre- gate net project coat of the Project, as determined in accordance with the pro- viaiouo of aforesaid loan and grant contract. 3. The City will make a total contribution to the Authority of an amount (whether in cash, properties, or services) equal to at least one fourth of said aggregate net project cost of the Redevelopment Project ad finally determined, in accordance with the National Housing Act of 1949 as Absented and the aforesaid Loan .ad Grant contract, by the Housing and Hone Finance Atlminietrator of the United States; notwithstanding what the present estimate of teat cost may be. To meet this obligation, the City agrees to furnish the following: (a) TRANSFERS GP LAND: T%m the Authority shall require possession thereof in executioa of the Redevelopment Project, the City will abandon and convey to the Authority all of its interest in those parcels of land designated below by reference to the — property Naps Block and Parcel Numbers, -- and the City shall receive fell credit on its obligations hereunder for the appraised fair market value thereof as approved Fy the Government hot presently estimated as indicated below: Bloc: & Parcel Estimated Block & Parcel Estimated Numbers Value Numbers Value 1-4 $ 575 9-13 $ 75 1-9 2,625 IO -2 200 6-4 450 10.5 625 7-1 3,125 10-16 20D 7-7 150 12-4 75 8-6 150 15-2 250 9-3 700 1121 475 9-12 175 17-7 2,250 (4) (b) SUPPORTING FACILITIES (1) The City of Bangor will construct approximately 800 feet 01 Storm drama in Mt Hope Avenue Prem the eastern bound- ary of the project on Mt. Hope Avenue to the existing drain system. Work is to begin within 8 months after date of this Agreement and to be completed within 30 months thereafter. The City is to receive credit for these im- provements based on their utility to the Project area as determined by Housing and Home Finance Agency. (Present estimate of credit $11,900.00). (2) The City of Bangor will construct approximately 715 feet of storm drain from the northerly boundary of the project at Stillwater Avenue to a point of connection with the existing 36 inch combined sews Mork is to begin within 8 months after date of this Agreement and to be completed within 30 months thereafter. The City is to receive credit for these improvements based on their utility to the project (Pras determined by Housing and Home Finance Agency. esent estimate of credit $10,710.00). (3) Coat of engineering plans and specification and supervision: The City will provide or contract for the necessary eng- ineering services for items (1) and (2) above. The City is to receive credit for this cost based on their utility to the Project Area as determined by Housing and Home Finance Agency. (c) SITE IMPR0VuME0TS (1) It is understood that the City of Bangor will receive credit presently estimated at $3,850.00 for the construction of the new bituminous sidewalk on the project side of Mt. Hope Avenue between Birch an: Larvard Streets completed in 1959 and 1960. (2) The City of Bangor will contribute to the proposed develop- ment of the playground on Howard Street as proposed in the Urban Renewal Plan to the extent of the difference between total estimated cost (presently estimated to be $15,010.00) and the amount approved by Housing and Home Finance Agency as n ellrble site Improvement. (Presently estimated to be $7,505.00). (3) The City of Banger will contribute to the proposed con- struction of storm drains and street improvements in Stillwater Avenue as shown on the attached schedule, to the extent of 50,8 of the total cost o1 such construction. (Presently estimated to be $25,168.00). (4) Howard Street Playground: The Authority will dedicate to the City of Bangor and the City of Bangor will accept such dedication, of a playground containing approslastely 9.3 acres lying t0 the east of Howard Street as shown on the attached proposed Site Plan. (5) The City of Bangor agrees to have installed water lines and all appurtenances in this project approximately as shown on the attached Nap N0. 12, which said Map No. 12 is incorporated herela and made a part of this agreement. The required capital expenditbre estimate is 5148,260.00 intluding engineering and supervision. Ledge axpavatipn„as required,m y increase the (5) aforesaid required capital expenditure by a such up to $30,000.00. The City of Bangor All receive credit for such expenditure against its required contribution to the project to Lbs extent Much benefits the project as deter` mined by Housing and Home Finance Agency. (d) CASH GRANTS Me Authority may make demand upon the City for payment on account of its obligations hereunder within one month after demand and no later than three months after execution of the lean and grant contract. The City will pay the Authority each amount so demanded. 0n or before the completion of the Renewal Project by the Authority and the determination of the actual aggregate net cost thereof in accordance with the pro- visions of the loan and grant contract referredto in the para- graphl hereof, but in no event later than February 1, 1964, the City will make one or more ash contributions to the Auth- ority in aggregate amounts which together with non-cash con- tributions e -tributions will be sufficient to bring the City's total con- tributions hereunder up to an amount at least equal to on fourth of the estimated or actual net project cost; arovidod however, that if said cash contributions are made an the haeis of estimates they shall be increased by an additional contri- bution from the City to the Authority, or decreased by a pe - fundi from the Authority to the City, to the and that the total of cash and non-cash contributions hereunder shall equal at least one-fourth of said aggregate net project cost. 4. It is understood and agreed that the civy'a financial obligations hare - under is to make a total contribution or grant equal to at least one- fourth of the aggregate net project cost as finally determined, in accord- ance with the National Housing Act of 1949 as amended, and the aforesaid low and grant contract by the Housing and Home finance Administrator of the United States. The one-fourth obligation is presently estimated at $345,422.00. 5. The City shall discontinue and abandon all public streets, roads and alleys within the Project Area, as described in the Renewal Plus, and c - vey to the Authority each interest as the City may have in each discontinued sites, with the exception that any said rights in and to those streets adjacent to land now owned by the City and net to be condemned by the Authority will not be conveyed to the Authority. 6. The City, acting by its Cowell, will change or modify local buildings, zoning and sanitary codes and regulations to the extent necessary or desirable to permit carrying out the project, and to provide for the re- location of families to be displaced from the Project Area in accordance with the Relocation Plan, 4. The AutFority will give a deed or deed of casement to the City for all e land or right-of-ways necessary for the location, relocation, reconstruc- tion or widening of any street or sewer within the rroject Area. IN ^ITNESS 'B WF the City and the Authority have respectively caused this Agreement to he duly executed in triplicate as of the day arta year first above written: ATTEST: BANCCR BRBAN MV -AL ABTMOAITY BANCOB, MAINE By: Robert N. Haskell, Chairman CITY OF BANGOR, BRINE By: Joseph R. Coup l, Jr. City Manager 1. K Im QUANTITY UNIT STNEBTS New sidewalk 700 IF Esplanade 1,735 SY Excavate to 20" 615 U. below flnisb surf. 3x200 SY New base 1811 Nravei, New Surf. 2e blk. Top 3p2M 9Y WROZED"T.Ai`F'A New N. N. 4 U. New C. B. 4 a. New line 18" 615 U. 24" 160 F. Dul