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HomeMy WebLinkAbout12301ORDINANCE N0. 12 001 AN ORDINANCE PROVIDING FOR COOPERATION BY THE CITY OF LITTLE ROCK, ARKANSAS, IN CONNECTION WITH PROTO- TYPE HOUSING IN "OPERATION BREAKTHROUGH ", A PROGRAM OF THE UNITED STATES FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND FOR OTHER PURPOSES. WHEREAS: A. The U. S. Federal Department of Housing and Urban Develop- ment (HUD) is conducting OPERATION BREAKTHROUGH (BREAKTHROUGH) to utilize modern techniques of production, marketing and management in order to provide quality homes, in volume, for all income levels through cooperative efforts by private enterprise, labor and consumers, and by local, State and Federal governments. B. As a major phase of BREAKTHROUGH, HUD will evaluate and approve proposals submitted by private industry for housing systems and construction concepts involving the application of new technology, financing methods, and management techniques, designed to supply aggregated markets with quality housing produced in volume and with economies achieved through larger scale production, more efficient management and improvement in systems of production, construction, land use, and financing. C. As a further essential phase of BREAKTHROUGH, HUD will select certain regional prototype sites throughout the country on which HUD - approved housing systems will be constructed for the purpose of testing, evaluating and demonstrating all aspects, including site layouts and development, costs, finan- cing methods and market acceptability, as well as the physical quality of the housing and the construction process. D. The City of Little Rock, Arkansas, desires to be selected by HUD as the location for one of the regional prototype sites. E. Participation by the City of Little Rock, Arkansas, in BREAKTHROUGH will provide it with assistance in solving its problems by affording opportunities to increase the supply of housing for all of its people, including low- and moderate- CCU &f /1- 0 -2- income families, to relieve urban congestion and resulting urban tensions, to increase its housing inventory subject to property taxes, to attract new industry and supporting busi- nesses, to provide new employment opportunities, to use and implement the results of city planning programs, and to share in a working partnership with the Federal and State govern- ments and the private sector. F. The City of Little Rock, Arkansas, will further benefit from its participation in BREAKTHROUGH in that HUD will, if requested, provide FHA and public housing financing for BREAKTHROUGH units and provide other appropriate assistance under other HUD programs. G. It is anticipated that the prototype housing to be con- structed will involve some variances from local requirements relating to land use, and construction and occupancy of buildings; that HUD will approve any such variances, that HUD will arrange with nationally recognized and professionally acceptable scientific and engineering organizations for an examination and validation of test results and test procedures before or after construction; and that HUD will certify as to the acceptability of the housing for occupancy and permanent use on the basis of sound performance standards. H. The City of Little Rock, Arkansas, desires that prototype housing in the BREAKTHROUGH program be constructed on the prototype site within its jurisdiction, and recognizes that such construction cannot take place without such approved variances from such local requirements. I. HUD is expressly authorized by law to undertake housing research and studies cooperatively with industry and labor and public and private organizations, including the develop- ment and demonstration of the construction and operation of such housing and the promotion of acceptance of new and improved techniques. In connection with such undertakings and all HUD functions, HUD is also expressly authorized by law, with the consent of the agency concerned, to utilize, -3- contract with and act through any Federal, State or local public agency or instrumentality, educational institution or nonprofit agency or organization and is authorized to accept and utilize equipment, facilities or services of the employees of such agencies, instrumentalities or organizations. J. It is anticipated that some of the occupants of BREAK- THROUGH will be families or persons who cannot afford to live in decent, safe and sanitary housing without financial assis- tance, and the City of Little Rock, Arkansas, is authorized to cooperate in connection with housing for such persons and families, including cooperation by way of planning and replanning, zoning and rezoning, and making of exceptions from building regulations and ordinances (Title 19, Arkansas Statutes, 1947) and also has general authority to make exceptions from local requirements relating to land use and construction and occupancy of buildings and general authority to enter into agreements with the Federal Government (Title 19, Arkansas Statutes, 1947). NOW, THEREFORE, for the purpose of enabling and induaririg HUD, private and public organizations, manufacturers, builders, investors, and others who may be involved, to make commitments and expenditures of funds and property in connection with said BREAKTHROUGH housing on a BREAKTHROUGH prototype site within the jurisdiction of this City, be it ordained by the Board of Directors of the City of Little Rock, Arkansas, that with respect to said BREAKTHROUGH project the City will: Section 1. Furnish or cause to be furnished to BREAKTHROUGH and its occupants public services and facilities of the same character and to the same extent as are furnished from time to time without cost or charge to other dwellings and inhabi- tants in the City of Little Rock. Section 2. Grant such variances from the building, housing and other codes and regulations and make such changes in zoning of the site and surrounding area as may be necessary -4- to permit construction, alteration, occupancy, and disposal for intended use, of BREAKTHROUGH or any part thereof all in accordance with the plans, purposes and objectives as prescribed or approved by HUD. Section 3. Assist and cooperate in the planning, undertaking, construction operation, and disposal of BREAKTHROUGH by taking all other actions and providing all other services and facili- ties authorized by the housing cooperation law and other applicable laws (Title 19, Arkansas Statutes, 1947), as deter- mined by HUD to be necessary. Section 4. Enter into appropriate agreements with HUD and others engaged in any phase of BREAKTHROUGH (and, to the extent it may lawfully do so, cause or assist others to enter into such agreements) to assist and cooperate as set forth in Section 1 through 3 above, which agreements shall contain, among others, provisions to the following effect: (a) That in the event HUD should declare any of the parties involved in BREAKTHROUGH to be in default, HUD shall have the right (i) to succeed to the benefits agreed to be provided under the agreement, (ii) to utilize the equipment, facilities, and services of employees of the City of Little Rock (or other party to such agreement) to carry out the obligations there- under, and (iii) to incur such costs and expenses as may be necessary to secure such benefits under the agreement and deduct the amount thereof from any amounts otherwise payable by the Federal Government to the City of Little Rock (or other party to such agreement). (b) That in the event HUD finds it necessary to take possession or title to BREAKTHROUGH or any part thereof, the City of Little Rock will give full recognition to any such transfer of possession or title and will cooperate thereafter with HUD in the execution, opera- tion, and disposal of BREAKTHROUGH. 6 -5- (c) That the agreement shall not be abrogated or modified without the consent of the Federal Govern- ment or its successors in interest so long as any contract for loans, mortgage insurance, or other financial assistance or any property interest by the Federal Government, with respect to BREAKTHROUGH or any part thereof, remains in force and effect. Section 5. It is understood that OPERATION BREAKTHROUGH will be an experimental laboratory for the development of modern techniques of production, marketing and management in pro- viding quality residential facilities; that waivers, if any, will be in keeping with a philosophy of providing quality housing, hopefully less expensive; that the project site will be situated within the undeveloped area of University Park Urban Renewal Project and will contain approximately 30 acres, more or less, and will be more specifically des- cribed at a later date and at the request of the United States Federal Department of Housing and Urban Development. Section 6. All ordinances and parts of ordinances in con- flict herewith are hereby repealed and this ordinance shall be in effect from and after its passage, provided, however, provisions of this ordinance are applicable only to OPERATION BREAKTHROUGH as herein specified when such is commenced. PASSED: December 1, 1969 ATTEST: �j APPROVED: V ity Cler Asst. Mayor 4,411111-1( 1