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HomeMy WebLinkAboutAuthorizing the Acceptance of Certain Payments in Lieu of Taxes from the United States of AmericaORDINANCE No. ° Passed by the Common Council of the City of South Bend, Presented by Approved and signed by .// / V. of the City of South Bend, /0 w.M Of Common Council -49107 Clerk ORDINANCE NO. AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF CERTAIN PAYMENTS IN LIEU OF TAXES FROM THE UNITED STATES OF AMERICA, APPRGVIPG A FORM OF CONTRACT `ffTTH THE UNITED STATES OF AMERICA WITH RESPECT THERETO, AND AUTHO "?IZ:: ING THE EXEUCTION OF SAID CONTRACT MHEREAS, the Administrator of the Federal 01orks Agency (herein- after referred to as the "Administrator ") is authorized and proposes to develop and adminster, on behalf of the United States of America (hereinafter referred to as the" Government"), a housing project (here- in called the "Development ") within the territorial limits of the City of South Bend (herein called the "City "), and said Development, known as Ind. No. 12021, will include approximately 500 dwelling units; and, VTIHEREAS, it is necessary to the public health, safety and welfare of the City that living accommodations be provided for persons engaged in national defense acti:°ities,.and, ° ^IEREAS, the City will directly benefit fror, the construction of now, safe and sanitary dwellings for such persons and their families: NO? ^f, THEREFORE, BE IT ORDAIN }ED BY THE COMEGz, .COUNCIL OF THE CITY OF SOUTH EEiID, IT_DIANA: Section 1. That the City hereby determines that, for the purpose of aiding the Government in the construction and administration of the Development the City shall cooperate with the Government by furnishing municipal services and facilities for the Development in consideratinn of the payment of certain sums by the Administrator to the City in lieu of taxes, all as more fully provided in th e form of agreement set forth in Section 2 hereof. Section 2. That the City shall enter into a contract with the Government substantially in the following form: AGREEPMNT BETV,`EEN THE UNITED STATES OF AMERICA (HEREIN CALLED THE("GOVERNMENT") � � 1 CITY OF SOUTH BEND, INDIANA (F=EIN CALLED THE "CITY) ON PAYMENTS IN LIEU OF TAXES WHEREAS, pursuant to Public No. 849, 76th Congress- the Lanham Act (herein referred to as the "Adt"), the Federal Works Administrator (herein referred to as the "Administrator ") is authorized to develop housing to accommodate persons engaged in.National Defense activities (as defined in the Act); and 10MEREAS, the Administrator has authorized the development of such housing, consisting of approximately 500 units to be located on two sites, one site lying wholly within the City of South Bend, Indiana, and the other lying partially within and partially adjacent and contiguous to the City of South Bend, Indiana (identification No. Ind -12021 and herein referred to as the "Development "); and VJHEREAS, it is contemplated by the parties hereto that the portion of the one site of the Development now lying without the corporate limits of the City of South Bend, Indiana, will be annexed to the City of South Bend, Indiana, during the construction and prior to the completion of the Development; and VJIIEREAS, by virtue of the fact that the Development and land acquired or to be acquired in connection 'therewith and the improve- ments thereon are owned or are to be owned by the Government, such land and improvements are or will be exempt from taxation by the City of South Bend, Indiana, (hereinafter referred to as the "City "), and by all other political subdivisions of the State of Indiana; and t;!HEREAS, the Administrator, by virtue of Section 9 of the Act is authorized to enter into agreements to pay annual sums in lieu of taxes and the Administrator is willing to make certain payments in lieu of taxes to the City and to other political subdivisiot= in which the Development is situated; , NOVI, THEREFORE, THIS AGREMENT P ITNESETH:* That in consideration of the mutual covenants and conditions hereinafter set forth, the parties hereto agree as r„1107rs, - 2 - 1. Subject to the terms and conditions of this Agreement, and upon the express condition that that porition of the site of the Development now lying without the corporate limits of the City shall have been legally and val4y annexed to the City, the Administrator shall pay to the City annually a sum equal to 15 percent (15 %) of the total annual dwelling shelter rentals charged for occupied units in the Development, provided that the amount to be paid in lieu of taxes for any year with respect to the Development shall never exceed the amount that would have been received by the City and other taxing bodies from taxes levied upon such property if it were not exempt from taxation. The City represents that under present assessment pro- cedure in the City of South Bend, the Township Assessor of Portage Township, St. Joseph County, Indiana, is the official duly authorized by law to assess property in the City of South. Bend and whol:.ould be obliged to assess the Development if it were not exempt from taxation. For purposes of this paragraph it is agreed that the Township Assessor of Portage Township will be requested to assess the value of the Development in accordance with the fethod of assessment applied by him to all other property within said Township. It is agreed that if, hereinafter, the present procedure for assessing property in the City should be changed by law, such applicable law and procedure shall obtain with respect to any payments to be made. It is further agreed that the said Assessor shall be requested to certify to the City the amount determined by him to be the valuation of the Development for taxing purposes if the same were not tax exempt. It is further agreed that this amount, vahen so certified, shall be the amount of value to which shall be applied the tax levy made for the City and all other taxing bodies and by which it shall be determined whether or not the payments in lieu of taxes, as herein provided, exceed the amount :,:hich would have been received from taxes levied upon the Development if it were not exempt from taxation. The first such valuation shall be made upon the completion of the Development and shall be used for the purpose of determining the maximum allowable amount first to be paid in lieu of taxes, said valuation to be pro rated on a monthly basis from the date of first occupancy of any unit through and including the last day of - 3 - December following the completion of the Development. Thereafter, the Assessor shall be requested to evaluL'Othe property on the lst day of March of each year and such valuation shall be used in determining whether or not the payments in lieu of taxes for such year, but pay- able in the next succeeding year, exceed the amount that would have been received from taxes levied upon such property if it irrere not exempt from taxation. kFFor the purpose of evidencing compliance with the provisions of this Paragraph, the City will furnish the Administrator annually with a sworn statement as to the amount of evaluation of the Development as determined by the Assessor and as to the amount of the tax levy made for the City and all other taxing bodies, and the Administrator will furnish, with each payment, a statement showing the total income of the Development during the period for which the payment is made, together with the deductions from such income made for the purpose of determining the shelter rent and the amount of the shelter rentals charged for occupied units. For purposes of this Paragraph, shelter rent shall mean the charge established (or estimated) for the use of a dwelling excluding the furnishing of any utilities (i.e., water, heat, heating of water, light, cooking fuel, or refrigeration energy). 2. The 'amount to be paid annually by the Government - ouruuant to Paragraph 1 hereof shall be paid at the same time as ad valorem taxes are due the City. 3. The City agrees to furnish and charge for water at the published retail schedule, and to furnish and install the necessary extensions of mains, fire hydrants, corporation cocks and meters within each of the sites comprising the Development at no cost to the Government. It is understood that the City will provide water service to each of the sites comprising the Development in such.a manner that if either or both of said sites are, at some future date, converted into tow -rent housing projects (as defined in the United States Housing Act of 1837, as amended) the City will at that time permit the installation of a master meter or master meters on either or both of said sites, allowing water to be purchased at wholesale. 4. The City further agrees that during the period commencing with the date of the acquisition of any part of the site or sites for the Development and continuing for the life of this Agreement, it will not make any charge against the Goverbment for any special services in connection with the construction and administration of the Development except such charges as may be agreed to by or on behalf of the Administrator. 5. The City will furnish to the Government and the tenants of the Development, the usual municipal services and facilities which are or may be furnished without cost or charge to other dwellings and inhabitants in the City, including, but not limited to fire, police and health protection and services; street lighting; fire hydrant service; sewer service; and the collection and disposal of garbage for the Development and the tenants thereof. 6. The City agrees that, insofar as the services hereinafter mentioned are furnished without charge to other persons and property withint the City, it will maintain in good repair and working order any and all municipal utilities and facilities provided by it for the use and benefit of the Development and the tenants thereof; and will maintain in good repair, streets, roads and alleys which are adjacent or leading to, or which are within the boundaries of, the Development, and which have been constructed in substantital conformity with the recognized standards of the City. 7. Nothing in this Agreement,shall be construed to confer any exemption upon the tenants who may occupy the. Development from the payment of taxes which may be lawfully assessed against them. G. The City will distribute each such annual payment in lieu of taxes to the taxin bodies in such proportion that each taxing body will receive from the total payment by the Administrator hereunder the seine proportion as said taxing body's ad valorem tax rate bears to the total ad valorem tax rate which would be levied against the Development if it were operated by private enterprise and subject to normal taxation. For purposes of this Agreement, the term "taxing bodies" shall mean the State of Indiana and every political subdivision or taxing unit thereof (including the City) which shall have authority to levy taxes, or to certify taxes to a taxing body or public officer, to be levied for its - 5 - use and benefit, and in which the Development is situated. 9. This Agreement shall continue in full force and effect with respect to the Development so long as title thereto is held by the Government and so long as the emergency declared by the President on September 8, 1939, to exist, continues; provided, however, that so long as title to the Development is held by the Government after said emergency has terminated, this Agreement shall continue in full force and effect until sixty days after either party has given to the other written notice that the Agreement shall terminate at the end of said sixty days. 10. Upon the sale by the Government of any part or parts of the Development, the part or parts so sold shall, from the date of sale, no longer be co:::sidered part of the Development. Upon the termination of this Agreement as to the whole of the Development, the Government will pay such portion of the annual payment called for by Paragraph 1 hereof as the elapsed portion of Vlhe twelve -month period bears to twelve months. 11. No Member of or Delegate to the Congress of the United States of America shall participate in the fundsrmd.e available under this Agreement. IN Gs'ITNESS i'JHEREOF the City and the Government have respectively caused this Agreement to be duly executed as of this day of (SELL) Attest: City Clerk Cr 1Gy/ 90omm OF 7K 1�� t Attest: bd KAM Wr WROW VWM 7 AA/ 1941. CITY OF SOUTH =%TD BY Mayor UNITED STATES OF AMERICA Federal Works Administrator Section 3. That the Mayor and the City Clerk of the City are hereby authorized to execute a contract sutstantially in the form set forth in Section 2 hereof on behalf of the City. Section 4. This ordinance shall be effective immediately from and after its passage. Presented by4,,e to on the day of `'y P� of the/ moron Council / r of South Bend, Indiana 1941, at the hour of s ap oved aid signed by me on the day R � ,191 at the Your of otclock , VlUj U13 UU11 L'G11U,