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HomeMy WebLinkAbout1972-06-12 208-Z ORDER20a -z Introduced by Councilor Bigney, June 12, 1972 q CITY OF BANGOR (TITLE.) @rUTf Authorizing. City Menagerie,Execute. Cperation Agreement Between Bangor Urban Renewal Authority and City of Bangor. ..........— _____. ....... ......... __. _. By the City Counoid ofd a Cita of8oa M. ORDERED, TUT Merle P. 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. 10172 '/UN �rq�FO CITY �� AERN S BFF?CF MAIN 1N CIW mu IL _ June 12, 1973 PASSED 09 ORDER Title, .Cav aGivv.:Iivvmvvk NM.V,§AWII. .W city of Bangor ................... Introduced and filed by• �'/, ' COOPERATION AGREEMENT CITY OF BANGOR AMC URBAN RENOWAL AUTHORITY OF CITY OF BANGOR THIS AGREEMENT entered into this day of , 1972 by and between the URBAN RENEWAL AUTHORITY OF 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 n the Private and Special Laws of 1957, Chapter 168, (hereinafter called the "Authority Law") and having its usual place of business n 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-standarda 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 thoughfullyset 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 on the East by Newbury Street; and WHEREAS, on , The City Council of Bangor, (hereinafter called the "Council") approved the aforesaid Renewal Plan as 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 contributions 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 Plan; and WHEREAS, the City is authorized by the Authority Law to make such contributions or grants to the Authority, and the Goverment 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 grantsfrom the Government 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 as "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 rights-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 t0 the project and which are necessary to serve or support the new u s of land in the project area in accordance with the redevelopment plan. Provided, that, in any case where, in the de- termination of the Administrator, any park, 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 an appropriate portion (as determined by the Administrator) of the cost of such park, playground, public building, or facility. No demolition or removal work, improvement, 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 c instruction of such improvement or facility, shall be eligible for nclusion as a local grant-in-aidin connection with the project or projects assisted under this title;" and NOW, THEREFORE, IT IS HEREBY AGREED HE AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. Immediately 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 commence and carry out as expeditiously as possible each 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 aordance with the pro- visions of the Housing Act, theAuthority will comply with all necessary conditions, statutory or otherwise, to obtain a Capital Grant donation from the Government under Section 131 of Title I of the Housing Act of 1949, as amended, 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 Grantcontract. 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 assist the City in meeting its obligations under this agreement. 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 an amount (whether in cash, credits, properties, or services) equal to at least one-fourth of said aggregate net project cost of the project as finally determined in accordance with the National Housing Act of 1949, a amended to date, and as approved by the U. S. Department of Housing and urban nevelopment, in cordance with the aforesaid Loan and Grant Contract,notwithstanding what the present estimate of that cost may be. To meet this obligation during the first action year, the City agrees to do and/or furnish the following: (a) Transfers of Land: NONE (b) Project Improvement Item: NONE (c) Supporting Facility Items: NONE (d) Cash Credits: NONE (e) Public Housing Item (Section 107 (b)): Amount to be used in Action Year Financing Plan $ 35,936 (£) Non -Cash Poolinv Credit Submitted for Action Year $107,230 5. it is understood and agreed that the City's financial obligation hereunder for the first action year, including credits for non-cash grants-in-aid and for work performed by other agencies or instrumentalities in 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 in accordance with the terms of the Housing Act, which one-fourth obligation is presently estimated at $143,166. 6. The City shall discontinue and abandon all public streets, roads and alleys within the Project Area, as described in She Renewal Plan, and convey to the Authority such interest as the City may have in uch 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. 8. The City will acquire from the Authority any remaining properties within the Project Area which have been un- salable at the completion of tle 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 effectuating the Title prohibit discrimination on 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 She United States, the City of Bangor, Maine covenants that the public facilities herein proposed as local grants- -aidwill be available to serve all persons 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: BANGOR URBAN RESE[9AL AUTHORITY BANGOR, MAINE By Chairman CITY OF RANCOR, MAINE By Cvty Manager