HomeMy WebLinkAbout02879 AS AMENDED 4/10/72
RESOLUTION NO. 2879
A RESOLUTION AUTHORIZING EXECUTION
OF A COOPERATION AGREEMENT
WHEREAS, the Housing Authority of the City of Pueblo, Colorado
proposes to develop and administer a low-rent housing project or projects
to consist of approximately 1,000 dwelling units; and
WHEREAS, the Housing Authority of the City of Pueblo, Colorado
desires to enter into a Cooperation Agreement with the City of Pueblo,
Colorado in connection with such project; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1.
The City Council of Pueblo, Colorado shall enter into a Co-
operation Agreement with the Housing Authority of the City of Pueblo, in
substantially the attached form.
SECTION 2.
The President of the City Council be and he is hereby author-
ized and directed to execute said Cooperation Agreement, in quadrupli-
cate, in behalf of said City of Pueblo; and the City Clerk is hereby
authorized and directed to affix the corporate Seal of said City of
Pueblo thereon and to attest the same.
SECTION 3.
This Resolution shall take effect immediately.
INTRODUCED April. 10 , 1972
By HENRY REYES
Counci lean
APPRO
President of t e Counci
ATTEST:
7
Ci ty(ler}f
3/22/72
COOPERATION AGREEMENT
This AGreement entered into this day of April ,
1972 , by and between Housing Authority of the City of Pueblo (herein
called the "Local Authority") and Pueblo, A Municipal Corporation
(herein called the "Municipality" ) , witnesseth :
In consideration of the mutual covenants hereinafter set forth,
the parties hereto do agree as follows :
1. Whenever used in this Agreement:
(a) The term "Project" shall mean any low-rent housing
hereafter developed or acquired by the Local Authority
with financial assistance of the United States of America
acting through the Secretary of Housing and Urban
Development (herein called the "Government") ; excluding,
however , any low-rent housing project covered by any contract
for loans and annual contributions entered into between the
Local Authority and the Government, or its predecessor
agencies , prior to the date of this Agreement.
(b) The term "Taxing Body" shall mean the State or any
political subdivision or taxing unit thereof in which a
Project is situated and which would have authority to assess
or levy real or personal property taxes or to certify such
taxes to a taxing body or public officer to be levied for its
use and benefit with respect to a Project if it were not
exempt from taxation.
(c) The term "Shelter Rent" shall mean the total of all
charges to all tenants of a Project for dwelling rents
and nondwelling rents (excluding all other income of such
Project) , less the cost to the Local Authority of all dwelling
and nondwelling utilities .
(d) The term "Slum" shall mean any area where dwellings
predominate which, by reason of dilapidation, overcrowding,
faulty arrangement or design, lack of ventilation, light or
sanitation facilities , or any combination of these factors ,
are detrimental to safety, health, or morals .
2 . The Local Authority shall endeavor (a) to secure a contract
or contracts with the Government for loans and annual
contributions covering one or more Projects
comprising approximately 1000 units of low-rent housing and • (b) to develop
or acquire and administer such Project or Projects , each of which shall be
located within the corporate limits of the Municipality. The obligations
of the parties hereto shall apply to each such Project.
3 . (a) Under the constitution and statutes of the State of
Colorado, all Projects are exempt from all real and personal property taxes
and special assessments levied or imposed by any Taxing Body. With respect
to any Project , so long as either (i) such Project is owned by a public body
or governmental agency and is used for low-rent housing purposes , or (ii)
any contract between the Local Authority and the Government for loans or
annual contributions , or both, in connection with such Project remains in
force and effect, or (iii) any bonds issued in connection with such Project
or any monies due to the Government in connection with such Project remain
unpaid, whichever period is the longest, the Municipality agrees that it
will not levy or impose any real or personal property taxes or special
assessments upon such Project or upon the Local Authority with respect
thereto. During such period , the Local Authority shall make annual
payments (herein called "Payments in Lieu of Taxes" ) in lieu of such taxes
and special assessments and in payment for the Public services and
facilities furnished from time to time without other cost or charge
for or with respect to such Project.
(b) Each such annual Payment in Lieu of ?axes shall be
med:
•
(b) Vacate such streets , roads , and alleys within the area
of such Project as may be necessary in the development
thereof, and convey without charge to the Local Authority
such interest as the Municipality may have in such vacated
areas ; and , insofar as IL is lawfully able to do so without
cost or expense to the Local Authority or to the Municipality,
cause to be removed from such vacated areas , insofar as it
may be necessary, all public or private utility lines
and equipment;
(c) Insofar as the Municipality may lawfully do so, (i)
grant such deviations from the building code of the Muni-
cipality as are reasonable and necessary to promote economy
and efficiency in the development and adminstration of such
Project, and at the same time safeguard health and safety,
and (ii) make such changes in any zoning of the site and
surrounding territory of such Project as are reasonable
and necessary for the development and protection of such
Project and the surrounding territory;
(d) Accept grants of easements necessary for the development
of such Project; and
(e) Cooperate with the Local Authority by such other lawful
action or ways as the Municipality and the Local Authority
may find necessary in connection with the development and
adminstration 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 from
the Local Authority:
(a) It will accept the dedication of all interior streets,
roads , alleys and adjacent sidewalks within the area of such
Project, together with all storm and sanitary sewer mains
in such dedicated areas , after the Local Authority, at its
own expense, has completed the grading, improvement, paving,
and installation thereof in accordance with specifications
acceptable to the Municipality;
(b) It will accept necessary dedication of land for, and
will grade , improve , pave , and provide sidewalks for, all
streets bounding such Project or necessary to provide
adequate access thereto (in consideration whereof the Local
Authority shall pay to the Municipality such amount as
would 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 mains,
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 Municipality
such amount as would be assessed against the Project site
for such work if such site were privately owned. )
7 . If by reason of the Municipality' s failure or refusal to
furnish or cause to be furnished any public services or facilities which it
has agreed hereunder to furnish or to cause to be furnished to the Local
Authority or to the tenants of any Project, the Local Authority incurs
any expense to obtain such services or facilities then the Local Authority
may deduct the amount of such expense from any Payments in Lieu of Taxes
due or to become due to the Municipality in respect to any Project or any
other low-rent housing projects owned or operated by the Local Authority.
8 . No Cooperation Agreement heretofore entered into between
the Municipality and the Local Authority shall be construed to apply to
any Project covered by this Agreement.
4.r , . +
9 . No member of the governing body of the Municipality or
any other public official of the Municipality who exercises any
responsibilities or functions with respect to any Project during his
tenure or for one year thereafter shall have any interest, direct or
indirect , in any Project or any property included or planned to be
included in any project , or any contracts in connection with such
Projects or pr-ope t_z . If 6 nz such governing body member of such
other public official of the Municipality involuntarily acquires
or had acquired prior to the beginning of his tenure any such in-
terest, he shall immediately disclose such interest to the Local
Authority.
10 . So long as any contract between the Local Authority and
the Government for loans (including preliminary loans) or annual
contributions , or both, in connection with any Project remains in
force and effect, or so long as any bonds issued in connection with
any Project or any monies due to the Government in connection with
any Project remain unpaid, this Agreement shall not be abrogated,
changed, or modified without the consent of the Government. The
privileges and obligations of the Municipality hereunder shall re-
main in full force and effect with respect to each Project so long
as the beneficial title to such Project is held by the Local Author-
ity or by any other public body or governmental agency, including
the Government, authorized by law to engage in the development or
administration of low-rent housing projects . If at any time the
beneficial title to, or possession of, any Project is held by such
other public body or governmental agency, including the Government,
the provisions hereof shall inure to the benefit of and may be en-
forced by, such other public body or governmental agency, including
the Government.
IN WITNESS WHEREOF the Municipality and the Local Authority
have respectively signed this Agreement and caused their seals to
be affixed and attested as the day and year first above written.
o`t I), +;/ PUEBLO, A MUNICIPAL CORPORATION
I� t o - `�
J President
r1 /
.Attest: 1'
( __,% ,,, e: (,. _, (2,,e4"--
Clerk
tk
Approved as to form: j4���,. ,t
Cit •p. t �orney-
HOUSING AUTHORITY OF THE CITY OF
PUEBLO, COLORADO
,
Al
��
(SEAL)
airman
Attest:
- ... `. s ' L1---,- .
Secretary