HomeMy WebLinkAbout1964-07-13 140-R ORDER140-R
Introduced by Councilor Conti, July 13, 1964
CITY OF BANGOR
(TITLE.) Mrbtrr Authorrarug Pity. Manager to execute Cooperation Agreement
.Between. eabibOr.uxhan_Banewel_Authorixy Andcity of. Bangox _.. 11_...
By the City CousoU of the City of Bangor:
ORDERED,
THAT Joseph R. Coupal, Jr., City Manager, beiag and is hereby
authorized for and on behalf of the City of Bantor to execute the Cooperation
Agreement Between Bangor Urban Renewal Authority And City of Bangor attached
hereto and made a part of this Order.
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RECEIVED
1964 JUL -3 PM 2: 52 0 R D E R
CITY CLERK'S OFFICE Tine,
.^.IIv OF HAN00R, MAINE
IN CITY MUNCIL
July 13, 1964
PASSED by the following yes and no vote:
Councilors voting yes: Bailey, Barry,
Brountas, Conti, Dinsmore, Hughes, Ranlatt.
Councilor voting no. Higgins. Councilor
absent: Houston.
Cooperation Agreement Between Dbban
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Renewal Authority and City of Bangor
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Introduced and filed
by
Gvuncalman
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COOPERATION AGREo2 T BRSWIDI
BANGOR URBAN RENAiAL AUPRMR
AND CITY OF BANGOR
THIS AGREENfiNT entered into this day of., 1964,
by and between the BANGOR URBAN RENLWAL AUTHORITY (hereinafter called
the ^Authority^), a public hotly, politic and corporate, duly organized
and existing weer the provisions of the Urban Renewg1 Authority Law
of Maine as set forth in the Private and Special Laws of 1957, Chapter
168, (hereinafter called the "Authority Naw") and having its usual
Piece of business in the City of Bangor, County of Penobscot, State of
Maine, and the CITE OF BANGOR, a public body, politic and corporate,
(hereinafter called the "City"), witnesseth that:
WHEREAS, on May 20. 1964. 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 area in
the City (hereinafter called the "Renewal Project -0), said area being
more particularly described in said plan, and which plan is hereby
Incorporated herein by reference as though fully set both; said area
is kroea as the Kenduskeeg Stream Urban Renewal Area, and is hounded as
described in the attached boundary description; and
WHEREAS, an Jove 22. 1564. 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 Meter Plan of the City
And Mede certain other findines a fact required by law in connection
therewith; and
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WHEREAS, the Authority will need contributions or grants of money, pro-
perties or services from the City and the United States Goverment (hereinafter
called the "Goveenvmnt") in order to carry out and complete said Roussel Plan;
and
WHEREAS, the City is authorized by the Authority lase to mace such
contributions or grants to the Authority, and the Government is authorized by
Title I of the Housing Act of 1949, as amended to data (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
between the Goverment and a local agency engaged in a renewal project pro-
viding for capital contributions or grants from the Government shall require
similar local contributions or grants equal to at least one-fourth of the
aggregate new 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"), shall mean, "assistusee by a State, municipality, or other
public body, or (in the case of "oh grants or donations of land or other
real property any other entity, in connection with any project an 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 cash value, of land or other real property
(exclusive of land in streets, alleys, and other public rights-of-way Munich
say be vacated in connection with the project) in the urban renewal area, and
demolition, removal, or other work or improvements In the urban renewal area,
at the coat thereof, of the types described in clause (2) end clause (3) of
the access sentence of Section 110(e); and (3) the provision, at their cost,
of public buildings or other public facilities (other than publicly owned
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housf 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 chargee) Welch are necessary for carrying out
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, public building, or other public
facility is of direct benefit both to the urban renewal area and to other
aregs, and the apprtlimate degree of the benefit to such other areae is
estimated by the mad.nIstrator at 2 per centum or more of Us total benefits,
the Administrator shall provide that, for the purpose of computing the amount
of the local grants-in-aid for the project, there shall be fmleded only such
portion of the coat of such facility on the Administrator eatfmates to be pro-
portioaate to the approaluate degree of the benefit of such facility to the
urban renewal area: end provided further, That for the purpose of computing
the amount of local grants-Sn-atd under this section 110(d) with respect to
any project covered by a Federal aid contract under this title, the estimated
coat (as determined by the Adninistrator) of parka, playgrounds, public
buildings, or ether public facilities may be deemed to be the actual coat
thereof if (f) the construction or provision thereof is not completed at the
time of final disposition of land in the project to be acquired and disposed
of under the urban renewal plan, and (ii) the Administrator has received
assurances satisfactory to his, that such park, public building, or other
public facility will be constructed or completed when needed and within a
time prescribed by him: And provided further, That in any case where a public
facility furbashad as a local grant-in-aid to financed in whole or in part by
special asaeaerents against real property in the project area acquired by the
local public agency as part of the project, an amount equal to the total
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I. Immediately upon receipt of Suede pursue n to a loan and grant con-
tract between the Authority and the Government under the Housing Act (an
application for said contract having been heretofcre filed with the Govern-
ment by the Authority) the Authority will undertake said Renewal Project in
accordance with said Renewal Plan, and comence and carry out as expeditiously
as possible each successive phase of the project as funds are vada available.
2. To defray the aggregate new project coat of the project as computed
end determined in accordance with the provisions cf the Housing Act, the
Authority will comply with all necessary conditions statutory or otherwise, to
obtain a capital grant donation from the Goverrvocrt ender Section 103(a) of
the Housing Act in the maximum meant allowed by law, it being Provided that
said capital grant equation 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 aforesaid loan and grant ccntract.
3. She City will make a total contribution to the Authority of an amount
(whether in cash, properties, facilities or services) equal to at lease me -
fourth of said aggregate new Project cost of the Redevelopment Project as
finally determined in accordance with the Housing Act and approved by the
Rousing aril Homo Finance Administrator of the United States in accordance
with the aforesaid loan and grant contract, notwithstanding what the present
estimate of that cost may be. To meet this obligation the City and Authority
agree to the actions described in paragraphs 4. S, b, 7, g and q. below.
4. The Cjty agrees not to require any Person or corporation maintaining
or using wires above the ground in the project area, to remove poles
supporting such wires and place such wires beneath the ground at
their am expense. Such power though cmfwoned upon the City Council
by c. VII, Art. 3, Sec. 7 of the ordinance of the City of Bangor is
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discretionary in nature and in practice has been limited only to
hazardous situations where the safety of the public is in fmmnent
danger.
5. Conveyances of Land and Air Rights
a. The City shall discontinue and abandon such public streets, reads
and alleys within the Renewal Project as are specified in the Renewal
Flan to be discontinued and abandoned, and shall convey to the
Authority such intereat as the City may have in those discontinued
and abandoned public streets, roads and alleys which are so specified
in the Renewal Flan.
b, The Authority will give a deed or deed of easement to the City
for all lend or rights of way necessary for the location, relocatuon,
reconstruction or widening of any street or public utility within
the Renewal Project.
c. The Authority will convey to the City snd the City will purchase
from the Authority the disposition parcels designated in the Renewal
Plan as P-1, P-2, P_3A P_4, P-5 and P-6 for use as off-straet public
parking facilities, at a Price determined by the Authority in accor-
dance with the Authority law, alri approved by the Government and the
City; Present estimate of Price $121,60o.00.
d. The Authority will dedicate to the City, and the City will accept
such dedication of the disposition parcel designated in the Renewal
Plan as P-7 for use as a public park with appropriate Public facilities.
e. The City shall donate to the Ranewal Project the air rights to
disposition parcels designated in the Renewal Plan as A-2 and A-5
for use as a pedestrian walkway and public park respectively.
f. The City shall sell or lease to the redeveloper of the disposition
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parcel designated in the Renewal Plan as B-6 the air rights to the
disposition parcel designated in the Renewal Plan as A-1 for $1 Co.
The development of A-1 is subject to the controls of the Renewal
Plan and disposition docu, Me for said Parcel shall be approved by
the Gover nt and the Authority, a the event or a default by the
redeveloper of B-6 and A-1 on cold parcels the property shall revert
to the Authority.
g. The City shall sell or lease to the reieveloper of the disposition
parcel designated in the Renewal Plan as B-3 the air rights to the
disposition parcel designated in the Renewal Plan as A-3 for $1.00.
We development of A-3 is subject to the controls of the Renewal
Plan and disposition documents for said parcel, shall be approved by
the Government and the Authority. In the event of a default by the
redeveloper of B-3 and A-3 an said parcels the property shall
revert to the Authority,
h. The City shall sell or lease the ass rights to the disposition
Parcel designated in the Renewal Plan as A-4 for $1.00. The develop -
went of A-4 is subject to the controls of the Renewal Plan aM ola-
position documents for said parcel shall �e approved by the Covers -
went arl the Authority. In the event of a default by the redeveloper
of A-4 on said parcel the property stall revert to the Authority.
6. Site ImprovevsM.e
a. The City will contribute to the proposed ingeovement of Exchange
Street as proposed in the Renewal Plan to the extent of the difference
between total estimated cost (presently eatinated to be $34,790.00)
and the amount approved by Housing and Home Finance Agency as an
eligible site improvenent (presently estimated to be $31,311.00),
Said difference is presently estimated to be $3,479.00.
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b. The City will contribute to the proposed improvement of HaimmW
and State Streets as proposed in the Renewal Plan to the anteat of
the difference between total estimated coat (presently estimated
to be $5,710.00) and the smouat approved by Housing and Hove Finance
Agency as an eligible site improveaant (presently estimated to be
$2,855.00). Said difference is presently estimated to be $2,855.00.
C. The City will contribute to the proposed improvement of Hancock
Street as proposed in the Henswal plan to the extent of the difference
between total estimated coat (presently estimated to be $15,98.00)
end the amount approved by Housing and Hos Finance Agency as an
eligible site improvement (presently estimated t0 be $13,208.00).
Said difference is presently estimated to be $2,772.00.
d. The City will contribtue to the proposed improvement of Main
Street as proposed in the H¢newal Plan to the extant of the difference
between total estimated cost (presently estimated to be $10,670.00)
sod the amount approved by Housing and Home Finance Agency as an
eligible site improvement (presently estinatad to be $6,936.00). Said
difference is preaent;y estimated to be $3034.00.
e. The City wall contribute be the proposed improvement of Oak Street
as PCOPOsed in the Renewal Plan to the extent of the difference
between total estimvtsd cast (Presently estimated to be $51,515.00)
and the amount approved by Housing anal Hos pinares Agency as an
eligible site v provement (presently estimted to be $46,364.00).
Said difference is presently estimated to Se $5,151.00.
1. The City will contribute to the Proposed impeovesnt of Columbia
Street as proposed in the Henewal Plan to ;he extent of the difference
between total estimated cast (presently estizAted to be $1,275.00)
and the amount approved by the Housing and Home Finance Agency as an
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eligible site impmv®ent (presently estimated to be $638.00) Said
difference is presently estimated to be $637.00.
S. The City Will contribute to the proposed improvement of York
Street .as proposed do the Renewal Plan to the extent of the difference
between total estinated cost (Presently estimated to be $19,445.00)
and the amount approved by the Housing and Home Piranoe Agency as
an eligible site improvement (presently estimated to be $12,640.^O).
Said difference is preentl_v estimated to be $6,805.00.
h. The City will contribute to the met of construction of 12 concrete
form parklets on Made Street and ➢mad Street, as proposed in the
Renewal Plan, to the extent of the difference between total estimated
cost (presently estimated to be $9,000.00) and the amount approved
by the Housing and R®e Finance Agency as an eligible site improve-
mnt (presently estimated to be $6,750.0C). Said difference is
Presently estimated to be $2,250.00.
7. Supporting Facilities
C- The City will cerstruct public restroons in the Haymarket -
Pickering Square Parking Facility. It is Presently proposed that
said construction will begin within six (6) months after conveyene
by the Authority to the City of parcels P-5 and P-6 and will be com-
pleted within six (6) months after start of construction. The City
is to receive credit for these improvements based upon their utility
to the Renewal Project as determined by the Coveramentl present
estimated of credit $9,785.00.
b. The City will construct additions to existing off-street parking
facilities in the Haymarket -Pickering Parking Facility and the
KendaAsag Perking Plead On disposition parcels P-1, R$ P-3, P-4,
P-5 and P-6, pursuant to its purchase of said parcels under Paragraph
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4.0. above. It is presently Proposed that said construction will
begin within six (6) months after cortaeyance by the Authority to
the City of all said parcels, and will be completed within twelve
(12) months after start of constnmtion. The City is to receive
credit for these improvements, including the cost of purchase of
said parcels, based upon their utility to the Renewal Project as
determined by the Government; present estimate of credit $2050760,00,
c, The City will receive credit for the construction, including all
angiresring aM other related coats, of the handuskeag Parking Plana,
a public off-street parking facility, cenetruction of which was
comunced not more than three (3) years prior to the authorisation
by the Covernament of a lean and grant contract for the Renewal
Project, based upon its utility to the Renewal Project as determined
by the Government; present estimate of credit $1,507,342,00.
d. The City will receive credit for the constroction of improvements
at the Penobscot Bridge and 'aahington Street, construction of which
was commenced net more than three years prior to the authorisation
of a loan and grant contract for the Renewal Project, based upon its
utility to the Renewal Project As determined by the Government;
Present estivate of credit $34,545.W.
e. The City will provtde or contract for the engineering services
required for the improv®ents in paragraph 6,a. and 6.b. above, ad
will receive credit for this cost based ipon their utility to the
Renewal Project as determined by the Govermmet.
B. It is understood and agreed that the Cityis financial obligation
hereunder is to make a total contribution or gant equal to at least ones
fourth of the aggregate net Project cost se finally determined by the Govern-
ment and the Authority, in accordance with the Housing Act. Said one-fourth
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contribution is presently estimated at $1,767,396.00. On or before the
completion of the Renewal Project by the Authority and the determination
of the actual aggregate net cost thereof, the City will make one or more
cash contributions to the Authority in aggregate emounts, which together
with non-cash contributions hereunder, will total an amount at least
equal be one-fourth of the estimated or actual net project cost; provided
however, that if said cash cwRributionh are made on the basis of estimates
they aAall be increased by an additional contribution from the City to
the Authority, or decreased by a refund from the Authority to the City,
to the end that the total of each and non-cash contributions hereunder
shall equal at least ona-fourth of said aggregate net project cost.
It is presently estizated that all the cash Create of the City will
be in the form of a forgiving of real estate taxes on that namber of
properties acquired and managed by the Authority to the date of demolition,
from which the Authority may derive rental intone; which accent of real
estate tares is necessary to make up the difference between the Cityis
non-cash contributions hereunder and the Cityra total contribution of
one-fourth of aggregate net project cost. The City is to recevve credit
for sash forgiven taxes as deterffined by the Government; present estimate
Of credit $9,964.00.
9. The Authority agrees to make paymene in lieu of these to the
City as authorized by R. 5, of Maine 1954, c. 90-B, Sec. 12, an amended,
in an amount equal he the dates for one year an real estate to be
acquired by held Authority; present estimate haine $128,000.00.
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M WITNESS WfU:B the City and the Authority have respectively
caused this Agreement to be duly executed in duplicate as of the day
aed year first above written:
ATMT: CITY OF BANGM
By:
Joseph A. Ceupal, Jr. City Mgr.
ATTEST: BANGOR URBAN BF %L AUTNURITY
By:
Francis A. Finnegan, Chairman