Loading...
HomeMy WebLinkAboutApproving & Authorizing the Execution of a Cooperation Agreement Between City of South Bend and Housing Authority of City of South BendORDINANCE No. -3 5 120 Passed by the Common Council of the City of South Bend, 7� Approved and signed by 43147 19.E i Clerk )f Common Council Clerk ORDINANCE NO., / O AN ORDINANCE APPROVING AND AUTHORIZING THE, EXECUTION OF A COOPERATION AGREEMENT BETWEEN THE CITY OF SOUTH BEND, AND THE HOUSING AUTHORITY OF THE CITY OF SOUTH BEND, INDIANA: WHEREAS, The Housing Authority of the City of South Bend, Indiana", proposes to develop and administer a low -rent housing project or low -rent housing projects consisting of approximately Seven Hundred Fifty (750) dwelling units, and WHEREAS, there exist in the City of South Bend, unsafe and insanitary dwelling accommodations of a ,number greatly in ex -- eess of said Seven Hundred Fifty (750) dwelling units which are occupied by families.of low income and which constitute a menace to the health, safety, morals and welfare of the inhabitants of the City; and WHEREAS, there are now families of low income in the City of South Bend of a number greatly in excess of Seven Hundred Fifty (750) who are forced to inhabit such unsafe and insanitary dwell- ing accommodations, because private enterprise has not'been able to make available to such families, safe and sanitary dwelling accommodations at rentals which such low income families can afford to pay,' NOW, THEREFORE, BE IT .ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BENDr Section l- That the City of South Bend shall enter into s Cooperat one Agreement with The Housing Authority of the City of ff South Bead," Indiana,.,, in•substantially,the,following; form: " COOPERATION :.AGREEMENT - t (1) ' The Housing Authority of the';City "of'South Bend, Indiana;'hereinafter called'the "Authority" agrees to undertake; develop and administer a low -rent housing Project or low-rent housing Projects in the City of South Bend, hereinafter called the "City ", and to endeavor to :secure a contract or contracts with the United States Housing Authority for Federal annual con tributions to assist in the administration of such Project or Projects. (2) In consideration therefor the City agrees that; as a part of such Projeet:or Projects, it'-will eliminate by de- molition, condemnation, effective closing, or by compulsory repair or improvement', a number of unsafe or insanitary dwelling units within its jurisdictional limits, at least equal in number to the number of new dwelling units to be provided in said Project or Projects to be undertaken by the authority, less the number, if any, of unsafe or insanitary dwelling units which will be eliminated on the site or sites of the Project or Projects by the 1 Authority during the development thereof; but in no event to exceed Seven Hundred Fifty ( 750) unsafe.or insanitary dwelling units; and the City further agrees that, with respect to each Project, a number of such unsafe and insanitary dwelling units equal to at least the number of new dwelling units constructed in such Project will be so eliminated within one (1) year after the date when:such Project is substantially ready in its entirety for occupancy: The City agrees to eliminate such unsafe or in- sanitary dwelling units in one or the other of the following-ways, or partly in one of these ways and partly in another: (a) By demolishing dwelling units which are on land acquired by the City by purchase or otherwise, including demolition of .such dwelling units on land purchased for any public uses; or (b) By causing the compulsory demolition, effective closing, repair or improvement of such unsafe and insanitary dwelling units; or (e) By inducing private owners voluntarily to demolish or effectively close such dwelling units. In computing the number of unsafe or insanitary dwell- ing units eliminated under the terms of this Agreement, there shall be included all unsafe or insanitary dwelling units . elimi - - nated under this Agreement from the date hereof; provided, however; that all unsafe or insanitary dwelling units eliminated by the City prior to the date of this Agreement and subsequent to the effective date of the Resolution.declaring the need for the Authority to exercise its powers, adopted pursuant to the pro- visions of Section 4 of the Housing Authorities Act; will be counted as elimination under this Agreement if it is satisfactorily established that such elimination was undertaken in antieipation of the execution of this Agreement or in anticipation of the development of the Project or Projects: For the purpose of this Agreement a dwelling unit shall be considered unsafe.or in- sanitary whenever by reason-of dilapidation, faulty arrangement or design, lack of ventilation, -light or. sanitation facilities, or any combination of these factors, it is detrimental to safety, health or morals: (3) The City further agrees that during the period eom mencing with the date of the acquisition of any part of the site or sites of each Project and continuing throughout the useful life of such Project', it_will not levy, impose or charge any taxes, special assessments, service fees,' charges or tolls against the Project or against the Authority for or with respect to the Project and that it will furnish, without cost or charge to the Authority and the tenants of iaeh Project' except for any payments which the Authority.shall make in accordance with Paragraph (4) of this Agreement, the usual munieipai.serviees and facilities which are or may be furnished without cost or charge to other dwellings.and in-- habitants in the City ', including but not limited to: fire`, police and health protection and serviees; street maintenance and repair' �4 A 1� 1" 1. 2' -snow removal; garbage; trash and ash collection and disposal; street lighting on-public streets within any Project and on the boundaries thereof; and .sewer services. The term "useful life of such Project" as used in this paragraph, shall mean the period of physical usefulness of the particular Project for the purpose of providing dwelling accommodations, but in no event less than the number of years during which any of the bonds issued to aid in financing the development of such Project or any bonds issued to refund such bonds shall remain outstanding: (4) It is agreed that the Authority shall pay to the City.` annually in lieu of taxes and assessments on or with respect to the Project; a sum equal to but not in excess of three per eentum (%) of the aggregate income derived by the Authbrity from shelter rents (being the total of all rents chargeable and collected but exclud- ing charges for utilities such as heat; electricity, gas and water); provided that :such payments shall be made by the Authority on the 1st day of of each year, so long as the local annual contribution for that year is more than twenty per eentum (20%) of the federal annual contribution for that year: The City agrees that each such annual payment in lieu of taxes and assessments received by it will be distributed by the City to the taxing bodies in suoh proportion that each taxing body will receive from the total payment by the Authority hereunder the same proportion as said taxing bodyts ad valorem tag rate bears to the total ad valorem tax rate which would be levied against the Project if it were operated by private enterprise and subject to normal taxation. The following terms as used in the foregoing shall have the following meaning- (a) The term "taxing bodies" shall mean the State of Indiana and every political sub - division 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 i for its use and benefit; and n which the Project is situated. (b) The term "local annual contribution for an year" shall mean an amount equal tot (I) The amount which the taxing bodies would levy for that year by means of taxes and special assessments on or with respect to the project, if the Project were operated by private enterprise and subject to normal taxation and assessment, less (II) the payment in lieu of taxes and assessments which the Authority may make for that year: (o) The term "federal annual contribution" shall mean the fixed amount of annual eon- - tribution payable to the Authority by the United States Housing Authority for the purpose of aiding the Authority in achieving and maintaining the low -rent character of the Project. 3. (5) The City further agrees to waive any building and inspection fees to which the Authority or its Projects might other- wise be or become subject. (6) The City further agrees to cooperate with the Authority by vacating such streets and alleys within the area of any Project or adjacent thereto as may be necessary in the develop- ment of such Project, by accepting the dedication of land for new streets and alleys, by zoning or rezoning to a proper residential elasseification any area in the City within which any Project shall be located; and by such other lawful action or ways as the City and the Authority may find necessary in connection with the development and construction of the Project or Projects. (7) The City and the Authority agree that this contract shall not be abrogated, changed or modified so long as any bonds issued to aid in financing the development of any Project or Projects to which this contract relates or any bonds issued to re- fund such bonds shall remain outstanding and unpaid and so long as the title to said Project or Projects (except for the lien or title conveyed to secure any bonds or other evidences of indebtedness issued to aid in the financing of the Project or Projects or to secure any bonds or other evidences of indebtedness issued to refund such bonds or evidences of indebtedness) is held by the Authority or some other public body or governmental agency authorized by law to engage in the development or administration of low -rent housing projects; Provided that this Agreement may be abrogated by the City if an Annual Contribution Contract is not made with the United :States Housing Authority with respect to one or more Projects within twelve (12) months from the date hereof. IN WITNESS WHEREOF, The City of South Bend and The Housing Authority Of The City Of South Bend, Indiana, have respectively caused this Agreement to be duly executed in tripli Bate as of the day of , 1941. ATTEST:: ATTEST: City Clerk Secretary THE CITY OF SOUTH BEND, By: Mayor THE HOUSING AUTHORITY OF THE CITY OF SOUTH BEND, INDIANA, By: Chairman Section 2 That the Mayor of the City of South Bend y is hereby authorized and directed to execute in triplicate a Y' contract in substantially the form set forth in Section 1 hereof on behalf of the City, and the Clerk of the City of South Bend is hereby authorized and directed to impress the corporate seal of the City of South Bend thereon and to attest the same: Section 3. This ordinance shall be in full force and e 4. effect from and after its passage.' ATTEST - Presert Indiana; on th hour of // �S�o day of me to the day of ZL*M. is Ordinance was 1st & 2nd READING DownITTEE OF THE WHOLrL PUBLIC HEARING 3rd READING NOT A PROVEED REFERRED PASSED /1119 /fJ (V! or Lne common voune ity of South Bend. r of the City of South Bend, 1941, at the apProXed s�gned by melon the 1941; t I "he our/ of o * 71 ock Mayor of the City of SoutK-Bend. V 5.