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4352 RESOLUTION NO. 4 352 RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK AUTHORIZING THE EXECUTION OF A COOPERATION AGREEMENT BY AND BETWEEN THE HOUSING AUTHORITY OF THE CITY OF LITTLE ROCK, ARKANSAS AND THE CITY OF LITTLE ROCK, ARKANSAS IN CONNECTION WITH NEIGHBORHOOD DEVELOPMENT PROGRAM, PROJECT ARK A-9 WHEREAS, the Housing Authority of the City of Little Rock, Arkansas (hereinafter called "Housing Authority") is a public body corporate and politic, created by the laws of the State of Arkansas pertaining thereto, specifically Act 298 of the Acts of the General Assembly of the State of Arkansas for the year 1937 , as amended by Act 212 of 1945, Act 189 of 1957 , and Act 119 of 1959, and is transacting business and exercising the powers granted by said laws; and WHEREAS, the Housing Authority with the aid and cooperation of the City of Little Rock, Arkansas (hereinafter called "City") proposes to undertake and carry out a Neighborhood Development Program in the City in accordance with the Urban Renewal Plan therefor, approved by the Board of Directors of the City, and bearing date of April 15, 1969, and pursuant to the provisions of the laws of the State of Arkansas as here- inabove referred to; and WHEREAS, the Housing Authority proposes to enter into a Loan and Grant Contract with the Department of Housing and Urban Development, an Agency of the United States of America, providing for financial assistance pursuant to Title I of the Housing Act of 1949, as amended for the purpose of carrying out the provisions of the Urban Renewal Plan which includes (1) a loan in an amount sufficient to enable it to defray the gross cost of the project, but not exceeding $1,400,000 ; (2) a Project Capital Grant in the maximum amount available for the project; (3) a relocation grant in the maximum amount available for the project; and WHEREAS, the City desires to provide "local grants-in-aid" in connec- tion with said project and has heretofore indicated its intention to do so in a resolution approving said Urban Renewal Plan for said Neighborhood Development Program; and WHEREAS , in view of the foregoing, the Housing Authority and the City desire to reduce to writing (in the form of the Cooperation Agree- ment attached hereto as Exhibit 1) the intentions and obligations of each with respect to the undertakings of this Program; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, that : Section 1. The Cooperation Agreement, attached hereto as Exhibit 1, has been reviewed and is hereby found and determined to be accept- able and is hereby approved in all respects. Section 2. The Mayor is hereby authorized and directed to execute said document on behalf of the City and the City Clerk is directed to attest the signature of the Mayor and affix the official seal of the City thereto. ADOPTED: March 25, 1970 ATTEST: APPROVED:AI/ .011P gr44 , I° City Clerk Mayor COOPERATION AGREEMENT BY AND BETWEEN THE HOUSING AUTHORITY OF THE CITY OF LITTLE ROCK, ARKANSAS , AND THE CITY OF LITTLE ROCK, ARKANSAS, IN CONNECTION WITH NEIGHBORHOOD DEVELOPMENT PROGRAM, PROJECT ARK A-9 THIS AGREEMENT, made and entered into this day of 19 , by and between the HOUSING AUTHORITY OF THE CITY OF LITTLE ROCK, ARKANSAS (hereinafter referred to as the "Housing Authority") , and the CITY OF LITTLE ROCK, ARKANSAS, a municipal corporation (hereinafter referred to as the "City") , WITNESSETH: WHEREAS, the Housing Authority is a public body corporate and politic, created by the laws of the State of Arkansas pertaining thereto, specifically Act 298 of the Acts of the General Assembly of the State of Arkansas for the year 1937, as amended by Act 212 of 1945, Act 189 of 1957, and Act 119 of 1959 , and is transacting business and exercising the powers granted by said laws ; and WHEREAS, the Housing Authority with the aid and cooperation of the City proposes to undertake and carry out a Neighborhood Development Program in the City in accordance with the Urban Renewal Plan therefor, approved by the Board of Directors of the City , and bearing date of April 15 , 1969 , and pursuant to the provisions of the laws of the State of Arkansas as hereinabove referred to; and WHEREAS, the Housing Authority proposes to enter into a Loan and Grant Contract with the Department of Housing and Urban Development, an agency of the United States of America, providing for financial assistance pursuant to Title I of the Housing Act of 1949 , as amended, for the purpose of carrying out the provisions of the Urban Renewal Plan , as follows: (1 ) A loan in an amount sufficient to enable it to defray the gross cost of the Project, but not exceeding $ 1,1400,000 • (2) A Project Capital Grant in the maximum amount available for the project; (3) A relocation grant in the maximum amount available for the project; and WHEREAS, the City desires to provide "local grants-in-aid" in connection with said Project and has heretofore indicated its intention to do so in a resolution approving said Urban Renewal Plan for said Neighborhood Development Program; NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth the Housing Authority and City agree as follows: 1 . (a) The Housing Authority agrees (1 ) to carry out and fulfill the proposed Loan and Grant Contract specifically between it and the United States of America, acting by and through the Secretary of Housing and Urban Development; and (2) to proceed diligently and forthwith with all necessary actions , works and undertakings to carry out the proposed and approved Neighborhood Development Program in the following described area: In general , NDP Urban Renewal Area I is bounded by lines beginning at I-30 and E. 15th ; thence north along I-30 to the Arkansas River; thence easterly along the River to 150' east of Rogers Street; thence southerly to Adams Field ; thence westerly along the boundary of the Field to Harrington Street; thence southerly to E. 12th ; thence westerly along E. 12th to 4 I Bond Street; thence southeasterly along Bond to E. 17th ; thence westerly along this Street to Fletcher Street; thence southerly along Fletcher to E. 22nd; thence westerly along E. 22nd to 110' west of Security Ave. ; thence northerly to E. 17th Street; thence westerly along this Street and the north boundary of Oakland Cemetery to Barber Street; thence southerly along Barber Street to the Colored Fraternal Cemetery thence following its north, west and south boundaries to again intersect Barber Street; thence along this Street southeasterly to intersect East Roosevelt Road; thence easterly along this Road to the Chicago, Rock Island and Pacific Railroad; thence southwesterly along the Railroad to Terry Ditch ; thence northerly to East Roosevelt Road; thence westerly to I-30; thence southerly along I-30 to the Chicago, Rock Island and Pacific Railroad; thence westerly along this Railroad to the Livestock Show Grounds ; thence along its southern and eastern boundaries , and Park Street, to join West Roosevelt Road to the north ; thence easterly along West Roosevelt Road to Center Street, thence northerly along this Street to the south property line of the Arkansas State Governor's Mansion; thence easterly, northerly, and westerly along the Mansion property lines to again join Center Street; thence northerly along Center to W. 15th Street; thence easterly along W. and E. 15th Street to join I-30, the point of beginning. 2. The City agrees , pursuant to and within the procedures required by all applicable State laws , applicable city codes and ordinances , to provide local grants-in-aid and to cooperate otherwise in the undertaking, carrying out and completion of said Neighborhood Development Program in accordance with the approved Urban Renewal Plan therefor, in all respects including, but not limited to, the following: (a) The City obligates itself to take all necessary steps to appropriate properly and to contribute to the Housing Authority any moneys which may accrue or come into its hands from any source which shall be proposed by the City as a cash contribution to the project, if any, such moneys to be deposited in the project expenditures account maintained by the Housing Authority in connection with the Neighborhood Development Program. (b) It is understood that the City is obligated to the payment of 1/3 of the Net Cost incurred in connection with the undertaking , carrying out, and completion of said Neighborhood Development Program. In this connection the City proposes non-cash local grant-in-aid credit to be allowed for the following public improvements within the Neighborhood Development Program, to wit: IDENTIFICATION OF NON-CASH TOTAL CHARGE TO PROJECT GRANTS-IN-AID COST % Amount (bxc) (a) (b) (c) (d) Street Reconstruction $43,322 100 $ 43,322 Bond Street Flood Control Project (Phase I) $186,000 68 $126,294 Project Improvements $ 64,970 84 $ 54,738 Sanitary Sewer Interceptor $1 ,913,797 11 .7 $223,914 (c) The City hereby specifically obligates itself and agrees that it will provide 1/3 of the Net Cost incurred in undertaking and carrying out of the Neighborhood Development Program. If for any reason additional local -2- grants-in-aid are required for the provision of such 1/3 part of the Net Cost, including a failure to provide or establish grant-in-aid credit to the satisfaction Of the Secretary of the Department of Housing and Urban Development in connection with any of the above-identified constructed or proposed non-cash local grant- in-aid items , the City hereby agrees to contribute to the project in cash such additional amount as may be required to cover the deficit in required local grants-in-aid when and if the same shall be required; however, it is agreed that other eligible non-cash grants-in-aid, whether provided by the City or some other public entity, may be substituted for any or all of the grants-in- aid items listed herein above and applied toward satisfying the City's share of Net Cost. Specifically, the City agrees that if, upon calculation of the local share at the close of the first year or subsequent years , the sum of approved tax credits and approved non-cash grants-in-aid is less than the required local share, the City will provide the balance in the form of cash. (d) The City agrees to accept dedication of all streets , alleys and other rights-of-way to be constructed and improved in accordance with the Urban Renewal Plan. (e) The City agrees to enforce by proper action the provisions of all municipal codes and ordinances relating to the health , welfare, safety, good living conditions , and the prevention of slum or blighted areas in the City and particularly in the above-described urban renewal areas and to continue such enforcement in the interest of the continuing success of the Neighborhood Development Program. The City further agrees to vacate and close such streets , alleys , and other public rights-of-way as are required to be closed by said Plan and to take such other action as may be necessary to give full effect to the carrying out of said Urban Renewal Plan. (f) The City recognizes Title VI of the Civil Rights Act of 1964 and the regulations and policies of the Department of Housing and Urban Development effectuating said Title prohibiting discrimination on the grounds of race, color, religion, sex, or national origin in the policies and practices of any public facilities , educational institution or hospital responsible for proposed credit to the locality's share of the cost of a Neighborhood Development Program receiving financial assistance from the United States. The City hereby specifically agrees that any and all public facilities heretofore constructed and those to be constructed for which non-cash local grant-in-aid is sought by the City, will be available to and serve all persons without regard to race, color, religion, sex, or national origin. 3. This Agreement shall be terminated if at any time the Department of Housing and Urban Development of the United States of America determines that the proposed activities including any plan or plans for redevelopment, rehabilitation or renewal , are not acceptable, or that the area or areas , are not eligible for continued Federal financial assistance under the provisions of the National Housing Act of 1949 , as amended. 4. The provisions of this Agreement are severable and if any part hereof shall be held invalid, such holding shall not affect the remainder hereof, which shall remain in full force and effect. -3- IN WITNESS WHEREOF, the City and the Housing Authority have caused this Agreement to be executed by their officers hereunto duly authorized and the signature of their duly authorized officers to be attested and the seal of such respective public bodies to be affixed on the date hereinabove first provided. CITY OF LITTLE ROCK, ARKANSAS By Mayor ATTEST: City Clerk HOUSING AUTHORITY OF THE CITY OF LITTLE ROCK, ARKANSAS By Chairman ATTEST: Secretary -4-