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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:
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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herewith are hereby repealed.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