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HomeMy WebLinkAbout1973-05-14 136 AA ORDER136 AA Introduced by Councilor erountas, May 14, 1973 CITY OF BANGOR (TITLE.) @r�bCrs Authorizing City, Manager to Execute Cooperation Agreement... Between Bangor Urban Renewal Authority and City of. Bangor._ By the Ctty Cmiuil of Ilk City ofBanpor: ORDERED, TBAT Merle F. Goff, City Manager, being and is hereby authorized for and on behalf of the City of Bangor to execute the Cooperation Agreement between Bangor Urban Renewal Authority and City of Bangor attached hereto and made a part of this order. 13b An ORDER Title, IN CITY COUNCIL May r 19 1973 Auth. Mam e[ to E[ec ute Cm exat ion ...........9 .................4........ eus® Ag.tjaalt betveev V,R� Auth. d City .......... TY CLEPK Introduced and filed by �z. Councilma. n ,} COOPERATION AGREEMENT CITY OF BANGOR AND URBAN RENEWAL AUTHORITY OF CITY OF BANGOR THIS AGREEMENT entered into this day of , 1973 by and between the URBAN RENEWALTHORAI�CITY OF BANGOR (hereinafter called the "Authority"), a public body, politic and corporate, duly organized and existing under the provisions of the URBAN RENEWAL AUTHORITY OF CITY OF BANGOR, Law of Maine as set forth in the Private and Special Laws of 1957, Chapter 168, (hereinafter called the "Authority Law") and having its usual place of business in the City of Bangor, County of Penobscot, State of Maine, and the City of Bangor, a public body, politic and corporate, (hereinafter called the "City") witnesseth that: WHEREAS, on , the Authority approved and adopted a plan hereinafter called the"Renewal Plan"), for the assembly, clearance, redevelopment and renewal, under the Authority Law of a blighted and sub -standard area in the City (hereinafter called the "Renewal Project"), said area being more particularly described in said plan, and which plan is hereby incorporated herein by reference as though fully set forth; said area is known as the Hancock -York Neighborhood Development Program area, and is generally bounded as follows: on the North by State Street; on the West by Pine Street; on the South by the Penobscot River, and an the East by Newbury Street: and WHEREAS, on The City Council of Bangor, (hereinafter called the "Council") approved the aforesaid Renewal Plan s being feasible and in conformity with the Comprehensive Plan of the City and made certain other findings of fact required by law in connection therewith; and WHEREAS, the Authority will need contribution or grants of money, properties or services from the City and the United States Government (hereinafter called the "Government") in order to carry out and complete said Renewal Pian; -and WHEREAS, the City is authorized by the Authority Law to make such contribution or grants to the Authority, and the Government is authorized by Title I of the Housing Act of 1949 as amended to date (hereinafter called the "Housing Act") to make similar contributions or grants; and WHEREAS, it is provided in Section 104 of the Housing Act that a contract on the three-fourths capital grant formula between the Government and a local agency engaged in a renewal project providing for capital contributions or 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 WHEREAS, it is further provided in Section 110 (d) of the Housing Act that the aforesaid local contributions or grants (therein defined a "Local Grants -in -Aid") may consist of:"(1) cash grants, (2) donations at cash value of land (exclusive of land in streets, alleys and other public sights -of -way which may be discontinued in connection with the project) and demolition or removal work, or site improvements in the project area, at their cost, and (3) the provisions, at their cost, of parka, playgrounds, and public buildings or facilities which are primarily of direct benefit to the project and which are necessary to serve or support the new uses of land in the project area in accordance with the redevelopment plan. Provided, that,rn any case where, n the determination of the Administrator, anypark, playground, public building or facility is of direct and substantial benefit both to the project and to other areas, the Administrator shall provide that for the purpose of computing the amount of the local grants-in-aid for such project, there shall be included an allowance of anappropriate portion (as determined by the Administrator) of the cost of such park, playground, public building, or facility. NO demolition or removal work, improve- ment, facility for which a 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 instrumentality thereof, for such work, or the construction of such improvement or facility, shall be eligible for inclusion as a local grant- in-aid in connection with the project or projects assisted under this title;"and NOW, THEREFORE, IT IS HEREBY AGREED By AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. Irm:ediately upon receipt of funds pursuant to a Loan and Grant contract between the Authority and the Government under the Housing Act, the Authority will undertake said Neighborhood Development Program, in accordance with said Neighborhood Renewal Plan and will c nce and carry out as expeditiously a possible successive phase of the project as funds are made available. 2. To defray the aggregate net project cost of the project as computed and determined, in accordance with the provisions of the Housing Act, the Authority will comply with all necessary conditions, statutory r otherwise, to obtain a Capital Grant donation from the Goverment under Section 131 of Title I of the Housing Act of 1949, asamended, in the maximum amount allowed by law, it being provided that said Capital Grant donations shall be in an amount not to exceed three-fourths of said aggregate net project cost of the project, as determined in accordance with the provisions Of the aforesaid Loan and Grant contract. 3. To help defray the City's one-fourth share of aggregate net project cost as set forth below, the Authority will seek and will secure whatever credits may now be, or may henceforth become available to as ist the City in meeting its obligations under this agree- ment. Such credits will include but are not limited to Section 107 (b) Credits for the Construction of Low Rent public Housing and Section 112 Credits for Hospital or Educational Construction. 4. The City will make a total contribution to the Authority Of a mot (whether i ash, credits, properties, or n services) equal toat least one- fourth of said aggregate net project cost as finally determined in accordance with the National Housing Act of 1949, as amended to date, and as approved by the United States Department of Housing and Urban Development, in accordance with the aforesaid Loan and Grant Contract, notwithstanding what the present estimate of that cost may be. To meet this obligation during the second action year, the City agrees to do and/or furnish the following: (a) Transfers of Land: NONE (b) Project Improvement Item: NONE (c) Supporting Facilities Items: NONE (d) Cash Credits: $542.00 (e) Public Housing Item (Section 107 (b): $63,234.00 (f) Non -Cash Pooling Credit Submitted for Action Year: NONE 5. It is understood and agreed that the City's financial obligation hereunder for the second action year, including credits for non-cash grants-in-aid and for work performed by other agencies or instrumentalities n the City, is to make a total contribution or grant equal to at least one-fourth of the aggregate net project cost as to be computed i accordance with the terms of the Housing Act, which onefourth obligation is presently estimated at $63,776. 6. The City shall discontinue and abandon all public streets, road and alleys within the Project Area, as described in the Renewal Plan, and convey to the Authority such interest as the City may have in such discontinued sites, with the exception that any Of said rights in and to those streets adjacent to land now owned by the City and not to be condemned by the Authority will not be conveyed to the Authority. 7. The City, acting by its Council, will change or modify local building, zoning, and sanitary Codes and regulations to the extent necessary or desirable to permit carrying out the Project. S. The City will acquire from the Authority any remaining properties within the Project Area which have been un- salable at the completion of the Project at prices to be agreed upon by the Authority and the City and concurred in by the Government. 9. The Authority will give a deed of easement to the City for all land or rights-of-way necessary for the location, relocation, reconstruction or widening Of any public street or sewer within the Project Area. 10. It is further understood that the parties hereto recognize that Title VI of the Civil Rights Act of 1964 and the regulations and policies of the Department Of Housing and Urban Development effectu- ating the Title prohibit discrimination an the grounds of race, color or national origin in the policies, practices and uses of the public facilities proposed for the Neighborhood Development Program receiving financial assistance from the United States, the City of Bangor, Maine covenants that the public facilities herein proposed as local grants-in-aid will be available to serve all persona without regard to race, color or national origin. without being by way of limitation, it is the intention of the parties hereto that this antidiscrimination covenant shall accrue to the benefit of the United States and the Department of housing and urban Development. 11. It is further understood that excess local share, if any, from any prior year or years shall apply against and reduce accordingly the local share required as outlined in this agreement. IN WITNESS WHEREOF the City and the Authority have respectively caused this Agreement to be duly executed in triplicate as of the day and year first above written. ATTEST: RANCOR URBAN RENEWAL AUTHORITY BANGOR, MAINE ey &xeCntiV2 Director CITY OF BANGOR, MAINE By City Manager