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8163�r f ORDINANCE NO. 8163 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A COOPERATION AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND THE HOUSING AUTHORITY OF THE CITY OF LITTLE ROCK, ARKANSAS. WHEREAS the Housing Authority of the City of Little Rock, Arkansas, proposes to develop and administer low rent housing pro- jects consisting of approximately 1,000 dwelling units; and WHEREAS there exist in the City of Little Rock, Arkansas, unsafe and insanitary dwelling accomodations of a number greatly in excess of said 1,000 dwelling units which are occupied by fami- lies 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 Little Rock, Arkansas, of a number greatly in excess of 1,000 who are forced to inhabit such unsafe and insanitary dwelling aceomodatio� cause private enterprise has not been able to make available to such families safe and sanitary dwelling accomodations at rentals which such low income families can afford to pay; and WHEREAS there is a severe shortage of livable homes in the City of Little Rock, Arkansas, for families of low income brought about by the post -war growth of the City of Little Rock, Arkansas: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LITTLE ROCK, ARKANSAS: Section 1. That the City of Little Rock, Arkansas, shall "enter into a Cooperation Agreement with the Housing Authority of the -City of Little Rock, Arkansas; in substantially the following form: t } oection 2. That the P+�ayor of the City of Little Rock, Arkansas is hereby authorized and directed to execute, in triplica�e, a con- tract tn substantially the ford set forth in Section 1 hereof on be- half of the City, and the Clerk of the City of Little Rock, Arkansas is hereby authorized and directed to ii,.press the corporate seal of the City of Little Rock, Arkansas thereon and to attest the same. Section 3. All ordinances and parts of ordinances in conflict herewith are hereby repealed. Unless the provisions of thi.sordinance are put into effect iimediately, the peace, health, and safety of the citizens of the City of Little Rock will be adversely affected; therefore, an er er ,ency is hereby declared to exist, and this ordn- ance shall be in full force and effect fror:, and after its passaE-e and approval. PASSED: December 19., 1949 ATTEST: City Clerk APPROVED: Mayor APPROVED AT SPECIAL (REFERENDUM) ELECTION HELD 11AY 91 1950. as may be approved by the PHA, and in addition to the number of unsafe or insanitary dwelling units which the City is obligated to eliminate as a part of the low rent housing projects heretofore undertaken by the Local Authority and identified as Projects Nos. Ark. 4 -1, 4 -2 and 4 -3, there has been or will be elimination (as approv- ed by the PHA) by demolition, condemnation, effecting closing or compulsory repair or improvement, of unsafe or insanitary dwelling units situated in the locality or metropolitan area of the City substantially equal in number to the number of newly constructed-dwelling units provided by such Project; provided that where more than one family is living in an unsafe or insanitary dwelling unit the elimination of such unit shall count as the elimination of units equal to the number of families accomodated therein; and provided further that this paragraph 4 shall not apply in the case of (a) any pro- ject developed on the site of a slum cleared subsequent to June 15, 1949, and that the dwelling units 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 (b) any project located in a rural non -farm area. 5. During the period commencing with the date of the ac- quisition of any part of the site or sites of any Project and continuing so long as either (a) such project is used for low rent housing purposes, or (b) any contract between the Local Authority and the PHA for loans or annual con- tributions, or both, with respect to such project shall remain in force and effect, or (c) any bonds issued in connection with such project shall remain outstanding, whichever period is the longest, the City, without cost or charge to the Local Authority or the tents of such Project (other than the payment in lieu of taxes) shall: COOPERATION AGREEMENT THIS AGREEMENT entered into this day of , 19 , by and between the Housing Authority of the City of Little Rock, Arkansas (hereinafter called Local Authority) and the City of Little Rock, Arkansas (hereinafter called the City), WITNESSETH: WHEREAS the Local Authority has received from the Public Housing Administration (hereinafter called "PHA ") a Program Reser- vation for 1,000 units to be developed and located within the cor- porate limits of the City; and WHEREAS the Local Authority proposes to enter into one or more contracts with the PHA for loans and annual contributions in connection with the development and administration of such low rent housing, all pursuant to the United States Housing Act of 1937, as amended, (hereinafter called the Act); and WHEREAS the City is desirous of assisting and cooperating with the Local Authority in such undertakings and of complying with the provisions of Section 10(a), 10(h) and 15(7)(b) of the Act as well as all other applicable provisions thereof: NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, the Local Authority and the City do agree: 1. Whenever used in this agreement: (a) The term "Project" shall mean any low rent housing hereafter developed as one operation by the Local Authority with financial assistance of the PHA and included within Program Reservation No. Ark. Four (4) -A issued by the PHA to the Local Authority on September 8, 1949, covering an aggregate of 1,000 units of low rent housing. The Project may be on scattered sites. (b) The term "TaxingBody" shall mean the State or any political subdivision of taxing unit thereof (in- eluding the City) in which a project is situated and which would have authority to assess or levy real or personal property taties or to certify such taxes to a Taxing Body 0-1 youblio t'f'_cer 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 dwell - incr rents and non - dwelling rents (el,cluding all other income of such Project), less the cos to the Local Authority of all dwell i? and non- dwelling, utilities. (d) The term "Slum" means any area where dwelliizg,s predominate which, by reason of dilapidation, over - croVading,, faulty arrangement or desig,n, 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 to secure a contract or contracts with the PHA for loans and annual contributions, and undertake to develop and administer one or more Projects. 3. Under the Constitution and Statutes of the State of Arkansas all Projects are exempt from all real and personal property taxes and special assessments levied or imposed by any Taxing Body; and with respect to any Project so long as either (a) such Project is used for low rent housing purposes or (b) any contract between the Local Authority and the PHA for moans or annual contributions, or both, in connection with such Project shall remain in force and effect, or (c) any bonds issued in connection with such Project shall remain outstanding, whichever period is the longest, the City 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 (hereinafter called "Payments in lieu of taxes ") in lieu of such taxes and special assessments and in payment for public services and facilities furnished for or with res- pect to such Project. Each such annual payment in lieu of taxes shall be made after the end of the fiscal year established for such Project and shall be in an amount equal to either (a) 10;, of the aggregate Shelter Rent charged by the Local Authority in respect to such Project during such fiscal year, or (b) the amount permitted to be paid by applicable State law in effect on the date of this Cooperation Agreement, whichever amount is lower; provided, however, that upon failure of the Local Auth- ority to make any such payment in lieu of taxes no lien against any Project or assets of the Local Authority shall attach. The City shall distribute the payments in lieu of taxes among the Taxing Bodies in the proportion which the real property taxes 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 from taxation; provided, however, that no payment for any year shall be made to any Taxing Body (including the City) in excess of the amount of the real property taxes which would have been paid to such Taxing Body for such year if the project were not exempt from taxation. The City agrees that, subsequent to the date of initiation (as defined in the Act) of each Project and within five (5) years after the completion thereof, or such further period (a) furnish or cause to be furnished to the Local Auth- ority and the tenants of such Project the public services and facilities which are at the date hereof being furnished without cost or charge to other tenants and inhabitants in the City, including but not limited to: educational, fire, police and health protection and services; mainten- ance and repair of public streets, roads, alleys, side- walks, sewer and water systems; snow removal, street lighting on public streets and roads within such Project and on the boundaries thereof; and adequate sewer services for such Project; and also such additional public services and facilities as may from time to time hereafter be fur- nished without cost or charge to other dwellings or inhabitants in the City; (b) vacate such streets, roads and alleys within the area of such Project as may be necessary in the develop- ment thereof, and convey without charge to the Local Authority such interest as the City may have in such vacated areas; and, insofar as it is lawfully able to do so without cost or expense to the Local Authority and /or to the City, 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 City may lawfully do so, grant such waivers of the building code of the City as are reasonable and necessary to promote economy and efficiency in the development and administration of such Project; and make such changes in any zoning of a site and surrounding territory of such Project as are reasonable and necessary for the development and protection thereof; (d) accept grants of easements necessary for the develop- ment of such Project; and (e) cooperate with the Local Authority by such other lawful action or ways as the City and the Local Authority may find necessary in connection with the development and administration of such Project. 6. The City shall at all future time ,without limitation, upon request of the Local Authority, furnish to the Authority services for the collection of garbage, waste, trash and refuse for the Project for a charge the amount of which and the time for payment thereof to be determin- ed at a later date through negotiations had by and between V the proper City officials and the Local Authority (but in no event shall such charge be greater than that charge made to other inhabitants of the City for similar services or to existing projects of the Local Authority for similar services as evidenced by agreement between the Local Authority and the City entered into January 21, 1946, effective from May 1, 1945). 7. The City shall at all future time, without limitation, upon request of the Local Authority, furnish to the Authority sewerage service for use in connection with the Project for a charge the amount of which and the time for payment thereof to be determined at a later date through negotiations had by and between the proper City officials and the Local Authority, but in no event shall such charge be greater than that charge made to other inhabitants of the City for similar services or to existing Projects of the Local Authority for similar services, as evidenced by the existing agreement between the Local Authority and the City, and the maximum such charge shall never in any event be more than is charged other public charitable organizations. �. In respect to any Project the City further agrees that within a reasonable time after receipt of a written re- quest therefor from the Local Authority: (a) it i"!ill accept the dedication of all interior streets, roads, alleys and adjacent sidewall.s t':'.thln ^ ":gas of such Project after the Local PuthoritJ, at its owr� e��pense, has completed the grading, improvement and paving thereof in accordance with specifications acceptable to the City; and (b) it will accept necessary dedications of land for and will grade, improve, pave and provide sidewalks for all streets boundinZ such Project or necessary to provide adequate access thereto (in consideration whereof the Local Authority shall pay to the City such amount as would be assessed against the Project site for such Tf,lork if it were privatelyT 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 City such amount as would be assessed against the Project site if it were privately owned) . �. if the City shall, within a reasonable time after written notice from the Authority, fail or refuse to furnish or cause to be furnished any of the services or facilities which it is obligated hereunder to furnish or cause to be furnished to the Local Authority or to any Project, then the Local Authority may proceed to obtain such services or facilities elsewhere and deduct the cost thereof from any payment in lieu of taxes due and to become due to the City in respect to any Project or any low rent housing projects assisted or owned by the PISA. 10. No Cooperation Agreement heretofore entered into between the City and the Local Authority shall be construed to apply to any Project covered by this Agreement. 11. So long as any contract between the Local Authority and the PHA for loans (including preliminary loans) or annual contributions, or both, with respect to any Project shall remain in force and effect, or so long as any bonds issued in connection with such Project shall remain outstanding, this Agreement shall not be abrogated, changed or modified without the consent of the PHA. The privileges and obli- gations of the City 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 Local Authority or some other public body or governmental agency, including the PHA, authorized by law to engage in the development and administration of low rent housing pro- jects. If at any time the beneficial title to or possession of any project is held by such other public body or govern- mental agency, including the PHA, the provisions hereof shall inure to the benefit of and may be enforced by such public body or governmental agency, including the PHA. IN WITNESS WHEREOF the City and the Local Authority have res- pectively caused thi-s Agreement to be executed as of the day and year first above written. CITY 0 LITT E ROCK_, ARKANSAS, By (SEAL) ayor ATTEST: Clerk of the City of Lit le Roc , Arkansas (SEAL) ATTEST: Secretary of Housing ut ority of Little Rock, Arkansas HOUSING AUTHORITY OF THE CITY OF LITTLE ROCK, ARKANSAS, By Chairman