HomeMy WebLinkAbout1968-03-25 108-V RESOLVEIntroduced by Councilor RoKay, March 25, 1968 108-V
CITY OF BANGOR
(TITLE,) �RrSVIJUp...... Authorizing. and. Directing fox.........
Reservation of Low -Rent Housing and for a Preliminary Loan and Authorizing
Cooperation Agreement.
By tAe City Cauwil of tie City ofBaxyor:
MWEVBD.
WHEREAS the City Council of the City of Bangor has found and hereby determines
that there in
aa
need for lowent housing to meet needs not being adequately
met by private
enterprise within its area of operation; and
WHEREAS, it is the desire
of the Housing Authority that a Cooperation Agre ment
be entered into with theDepartment of Housing and Urban Development providing
for local cooperation in connection with such low -rent housing project;
NOW THEREFORE, BE IT RESOLVED BY THE City Council of the City of Bangor
1. The BANGOR HOUSING AUTHORITY shall cause to be prepared and the
Chairman and the Secretary shall sign and send to the 'Public Housing Adminis-
tration ("PHA"), n application for a reservation of 850 dwelling unite of
low -rent public housing and for a preliminary loan in the amount of approximately
$129,500 to be spent for the preparation of housing surveys and preliminary
plans for the development of a low -rent housing project or projects consisting
of the aforesaid dwelling units and necessary appurtenances.
2. That this Authority enter into an agreement in writing, to be known
an the "Cooperation Agreement' with the Department of Housing and Urban
Development, substantially in form attached hereto, and made a part hereof,
and the proper officers of the Authority are hereby authorized and directed
to execute said agreement on behalf of this Authority, in the number of
counterparts as may be decided necessary and to impress and attest the official
seat of this Authority on each of said counterparts of said agreement.
As used herein, the terms "Public Housing Administration" and "PHA" shall
mean the United States of America, Department of Housing and Urban Develop-
ment, Housing Assistance Administration, and "HUD".
s
IN CITY COUNCIL
Match 25, 1968
=a ordinance requiring the filing of
an Order was uspended by the following
yes and n vote: Councilors voting yea:
Baldacci oBallou, Barry, Brown, New McKay,
Minsky, Porter. Councilors Hunt and
Houston absent. This resolve was then
received and tabled.
I� COUNCIL
March 27, 1968
Taken from table , retabled,
CITY CLCHK
IN CITY CO MCIL
April 8, 1966
Taken from table, anew ed and a
amended, PASS®. (Amended by sutr
stitution)
CITY C
108_v
Auth. 6 Directing Submission of Application
for Reservation of Low -Rent Housing c for a
Vrelrdnary aticn
Agreement.
loa-v
11� Introduced by Ccuncilar McKay, March 25, 1968
CITY OF BANGOR
(TITLE.)Qsu1bBApproving Application for Reservation of Low -Rent Public_.__
Housing and Financial Assistance and Authorizing Cooperation Agreement
By the City Camel 0 de City ofBm%mr.
RESOLVED, that WHEREAS, it is the policy of the City of Bangor to eliminate
substandard and other inadequate housing, to prevent the spread of slums and blight,
and to realize as soon as feasible the goal of a decent home in a suitable living
environment for all of its citizens; and
WHEREAS, under the provisions of the United States Housing Act of 1937, as
amended, hereinafter called the "Act", the Public Housing Administration is author-
ized to provide financial assistance to local public housing agencies for undertaking
and carrying out preliminary planning of low -rent housing projects that will assist in
meeting this goal; and
WHEREAS, the Act provides that there shall be local determination of need for low -
rent housing to meet needs not being adequately met by private enterprise and that the
Public Housing Administration shall not make any contract with a public housing agency
for preliminary loans for surveys and planning in respect to any low -rent housing
projects unless the governing body of the locality Involved has by resolution approved
the application of the public housing agency for such preliminary loan; and
WHEREAS, it is the desire of the City of Bangor, that a Cooperation Agreement be
entered into providing for the local cooperation required by said Act in connection with
such low -rent public housing; and
WHEREAS, the City of Bangor Housing Authority (herein called the "tgcal Authority")
is a public housing agency and is applying to the Public Housing Administration for a
reservation and financial assistance for the development of low -rent housing;
1. There exists in the City of Bangor a need for such low -rent housing at rents
within the means of low-income families, including the elderly. '
2. The application of the Local Authority to the Public Housing Administration
for a reservation and financial assistance in connection with a low -rent housing project
or projects of not to exceed approximately 348 dwelling units and a Preliminary Loan of
$52, 200 is hereby approved.
3. That the Bangor Housing Authority enter into an agreement in writing, to be
known as the Cooperation Agreement with the Local Authority, substantially In the form
attached hereto and made a part hereof and the proper officials of the Bangor Housing
Authority are hereby authorized and directed to execute aaid agreement and to impress
and attest the official seal on behalf of the Bangor Housing Authority on as many
counterparts as may be decided necessary.
PHA 2481
Page 1
September 1958 (Rev. February 1967)
00WgRATIDH AGREEM14T
This Ageement entered into this day
19s by and between
(herein called the "Local Authorityu)add
(herein called the Bfusocipality% witnesseth;
In cenaideration of the mutual covenants hereinafter set forth, the parties
hereto do agree as follows;
Tne terms "Public Heuaing Administration" and "PHA" shall also mean the
Ueuited States of America" Department of Houaiag and Urban Development, Housing
Assistance Administration, and "HUD".
# 1. Wsneverr used in this Agreements
(a) The term "FroJ¢Ct" shell mean any 1mu-rent housing hereafter
developed as an entity by the Local Authority with financial assiab
ante of the Public Housing AdvinistraUnn (herein called the "PHA");
excluding" however ak" low -rent housing project covered by ary contract
far loans and annual contributions entered intc between the Local
Authority and the PHA, or its predenessov agencies, prior to the date
Of this Agreement.
(b) The term "Taxing Body" scall amnn n" at,au. w wry Political sub..
division or taxing unit thereof in which a Project is gutted and
which would have authority to assess or levy real or per- _
party taxes or to certify such taxes to a taxing boeq or public poe-
ficer to be levied for its use and benefit with respect to a Project
If it were not exempt from tanmticn.
(c) The term "Shaltar Henttj shall was the total of all charges to
all tenants of a Project for dwelling rents and nondwelliM recta
(excluding all other income of such Project), lose the cost to the
'sea Authority of all dwelling and nondwelling utilities.
(d) The term uSlua" Shall mean any area where dwellings predominate
which, by reason of dilapfdatiwn, Overcrowding, faulty arrangement
Or ��esign, lack of vantilation, light or sanitation facilities, or
any combination of these factors, are detrimental to safety, health,
or morals.
2. The Local Authority shell endeavor (a) to secure a contract or son -
tracts with the PHA for loans and smual contributions covering one or more
Projects comprising approximataly�_ unite of low -rent housing and (b) to
develop and administer such Project or IYojecta, each of which shall be located
within the corporate limits of the Municipality. The obligations oT the parties
berets shall 003y to ccch mush projects
3. (a) ,UU.ndderc the constitution and statutes Of the State of
prapexty £ai:es""erui all Projects are exempt trvm all al avd personal
{JS.tR respect to 'penWf s .e amente 20vied or impoas by res Taxing Body.
blit bo or aAv Pxojvct, 80
oslong as
either (i) such Prof t is owned by a
Pu $' governmental agency
and Sa used for low -rent housing purposes,
ox (ii) req contxact'Eetw¢an the Local Authority and the PHA for bene or
sal
contrdhutiona, or both, fn 00crectfon with such Project ra"ains In Torte
d effect, or (iii) any bonds issued in connection with such Project or any
monies due to the PHA in connection with such Project ram unpaid, whichever
period is Phe longest, the Munri.cipa b ogees that it will not levy or iwpose
sny real o personal. property taxon or special assesses upon such Project or
upon the Local Authority with respect thereto. Wring each perdod, the Local
Authority shall rmka annual payments (Mxein celled �Taymenta in Lieu of Taxes")
]n lieu of such taxes and special asveasmanto arW in payment fox the Public sei�
viols and
t or
furnished from time to tiuro vithaIt nAhry cost or charge
Yax or
with respect to such Project.
w battareaatm
PHA -2481
Page 2 (Rev.)
December 1955
Rev. 9-19-63
(b) Each such annual Payment in Lieu of Taxes shall be made after the
and of the fiscalyear established for such Project, end stall be in an amount
equal to either (i) ten percent (10%) of the Shelter Rent charged by the Local
Authority In respect to such Project during such fiscal year, or (11) the amount
permitted to be paid by applicable State law in affect on the date arch payment
is made, whichever amount is the lower.
(c) The Ntonicipality sball distribute the Payments in Lieu Of Taxes
strong the Testing Bodies in the proportion which the real property taros which
would have been paid to each Taxing Body for such year if the Project were not
exempt from taxation bears to the total real property taxes which would have
been paid to all of the Taxing Bodies for such year if the Project were not
exempt foam taxation; Proms however, That no payment for any, year shall be
made to any Taxing Body insss oY thine amount of the real property tares which
would havebeen paid to each Taxing Body for such year if the Project were not
exempt from taxation.
(d) Upon failure of the Local Authority to make 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 an account thereof.
4. The Municipality agrees that, subsequent to the date of initiation (as
defined in the United States Housing Act of 1937, as emended) of each Project
and within five years after the completion thereof, or such further period as
may be approved by the PHA, .......«............. .............................
/
r
�/'....._......._.._..................................._._x
there has been or will be elimination (as amroved by the PHA) by demolition,
condemnation effective closing, o cagro
nasory repair or Lmvement, of unsafe
or insanitary dwelling units situated in the locality or metropolitan area in
which such Project is located, sabstantially equal in number to the number of
newly constructed dwelling snits provided by each project; Provided, That,
where more than one family is living in an unsafe or insanitary dwelling unit,
the elimination of such unit stall count as the elimination of units eq;cal to
the number of families accommodated therein; and Pxovided� further, That this
paragraph 4 shall not apply in the case of (i) any Projeck developed on the
site of a Blum cleared subsequent to July 15, 1949, and that the dwelling suits
eliminated by the clearance of the site of such Project shall not be counted as
elimination for any other Project or any, other low -rent housing project, or
(ii) ary Project located in a rural nonfarm area.
page 3
Weember 1955
5. Caring the rebind commencing with the date of the acquisition Of any part
a the site or sites of and Project and continuing as long a either (1) such Project
is owned by a public body w rm
Loverental agency and is used for low -rent housing
Purposes, or (Si) any contract between the Local Authority and the PHA for loans or
actual contributions, or both, in correction with such project evasion In force and
effect, or (iii) any bonds issued in connection with such Project or any monies due
to the PHA in connection with such project remain unpaid, whichever period is the
longest, the Municipality without Cost or charge to the :.oval Authority he the
teneate a such Project (other than the Payments in lieu a Taxes) shallt
(a) Furnish ora to be furnished to the local Authority and
tomato tonto a such Project public services and facilities of the
character and to the sameextent e e fu_ -wished from time
to time without coat w chargs
to otherdwellingsand inaabitenta
in the V.uninipality;
(b) Vacate such streets, roads, and alleys within the area of
such ?reject a may benecessary in the development thereof, and
convey without charge to the local Authority such interest as the
Municipality may have in such vacated areas; ani, in so far as it
is lawfully able to do so without cost or expense to the lural
Authority or to the Municipality, assa to be ramoved from such
vacated areas, in no far as it may benecessary, all public or
private utility lines and equipment;
(c) In so far as the Municipality wy lawfully do so, (d) grant
such deviations from the building code of the Msnicipalfty as are
develcable and n say to promote a ononv and efficiency in the
opment and administration of such project, and at the s
time safeguard health and aafdty, and (11) make such changes �
any zoning of the site and aurrounding territory a such Project
as are ruble and necessary fthe development and protection
of such project and thesurroundiag territory;
(d) ,Accept besets of easements necessary, for the development of
such Project; and
(a) Cooperate with the local Authority by such other lawful action
Or maws as the Municipality and the Local Authority may find neces-
sary in oonnection with the development and administration of such
Project.
6. In respect to any project the Municipality further agrees that within
a reasonable time after receipt of a written request therefor Prom the local
Authority:
(a) It will accept the dedication of all interior .streets, roads,
alleys, and adjacent sidewalks within.the gCopyypfrcuph &,opegv
together with all storm and sanitary sewer mains/§n such dedicated
after the Local Authority, at its own expense, has completed
- Us grading, Improvement, paving, and inotallaticn thereof in
accordance with specifications acceptable to the Municipality; -
(b) It will accept necessary dedications of land for, vdasdil
- -' ' --i4 1- all streets
bounding such eroject ornsary to provide adequate access
thereto (in consideration the Local Authority shall
nspay
to the 1huScipality such Cannot aFuld be assessed against the
Project site for such work if such site were privately owned); and
(c) It will provide, or cause to be ,provided, water color, and
storm and sanitary sewer mains, leading to such Project and serving
the bounding streets thereof (in consideration whereof the Local
Authority shall pay to the 19aHciyality, such amount as would be
assessed against the Project site for such work if such site were
privately owned).
ID D=52481
page 4
July 1961 (Revised)
7. If by reason of the Municipality's failure or refusal to furnish or
cause to be dartdahed any public s ces
r facilities which it has agreed
hereunder to furnish or to cause to be burnished to the Local Authority or to
the tenants of any Project, the Local Authority incurs any expense to obtain
such s sor facilities then the Local Authority may deduct the amount of
such expense fena any payments in Lieu of Taxes due or to become due to the
M Cipality in respect to any project or any ether low -rent housing projects
awned or operated by the Local Authority.
8. NO Cooperation Agreement heretofore entered into between the Nundcipal-
ity add the Local Authority shell be construed to apply to any project covered
by this Agreement.
9. So long as any contract between the Local Authority and the NAA for
loans (including PreliZdaRry Soars) or snnuaL coMributiona, oriboth, in
vection with any Project reasire in force and effect, or so Long as anv
bonds issued in connection with any Project or any modes due to the FAA in
vection with any project remain unpaid, this Agreement aball not be
abrogated, changed, or modified without the consent of the HAA. The privileges
and obligations of the Municipality hereunder shall remain in full force and
effect With respect to each Project so long as the beneficial title to such
project is held by the meal Authority or by any other public bony or Severn -
mental agency, inclUAIRT the HAA, authorized by law to engage in the development
or admiriatration of low -rent housing projects. If at any time the beneficial
title to, or possession of, any Project is held by soh other public body or
governmental agency, including the PAA, the provisions hereof shall inure to the
benefit of and may be enforced by, such other public body or governmental,
agency, including the W.
IN NTTNESS WHERROF the Municipality and the Local Authority have
respectively signed thin Agreement and caused their seals to be affixed
and attested as of the day and year first above written.
SFA J
(Corporate Name of IAudcipality
Attest:
Title
01
(SELL) ( Corporate Name of Local Auth—o—rTtfT—
BY
Chairman
Attest:
Title
5=q
roved that the fore-
going resaution Ye ad+pted as introduced and read, wb.ch anion was
seconded by , ani uprn
ral call the "Ayes" and "Nays" were a. .o w:
AYES MYS
The Chairman thereupon declared said motion carried ani said
resolution adopted.
J