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HomeMy WebLinkAbout85-20RESOLUTION NO. 85-20 RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF UKiAH APPROVING: THE DEVELOPMENT, CONSTRUCTION AND O)R~ERSHiP OF A PUBLIC HOUSING PRCJECT OF NOT TO EXCEED ONE HUNDRED (100) D~;~VELLING Ui-;iTS: APPROVING APPLICATION FOR FRONT-END FINANCING FOR LOW-RENT PUBLIC HOUSING: AND APPROVING THE FORM OF COOPERATION AGREEMENT BETWEEN THE CITY OF ~(IAH AN-D THE CO~f~NITY DEVELOPME~.~'T COi~';ISSION OF MENDOCiNO COUNTY A~C. AUTHORIZING ITS EXECUTION. WHER~AS, the City Council of the City of Ukiah Finds and Declares: 1. it is the policy of the City of Ukiah to encourage adequate housing, to prevent the spread of slums and blight, and to realize as soon as feasible the goal of a decent home in a suitable living environment for all its citizens; 2. Under the provisions of the United States Housing Act of 1937 as amended, (herein called the "Act"), the United States of America (herein called the "Government';), acting through the Secretary of the Department of Housing and Urban Development (herein called ':HUD") is authorized to probide financial assistance to local public housing agencies (hereinafter called "Local Authority':) for the undertaking and carrying out low-rent housing projects that will assist in meeting this goal; 3. The Act provides that there shall be local determination of need for low-rent housing to meet needs not being adequately met by private enterprise and that the Government shall not make any contract with a public housing agency for front-end funds for surveys and planning in respect to any low-rent housing projects unless the governing body of the locality involved has by resolution approved the application of the public housing agency for such front-end funds; 4. The Community Development Commission of Mendocino County (also known as the Housing Authority of Mendocino County), is a public housing agency and is applying to HUD for funds in connection with with the development of low-rent housi~lg; 5. Section 34313 of the California Health and Safety Code, as amen- ded, provides that no loW-rent housing project shall be developed, constructed or owned by the Local Authority until the governing body of the locality has by resolution approved such project; 6. Pursuant to Section 5 (e) (2) of the Act, as amended, it is nec- essary that the local governing body enter into a Cooperation Agree- ment with the Local Authority providing for local cooperation in con- nection with such low-rent housing project; 7. Pursuant to Section 34515 of the Health and Safety Code, express authority is given for local governing bodies to enter' into agreements with housing authorities providing for local cooperation with respect to low-rent housing; 8. Pursuant to and in compliance with the provisions of Section 34518 of the California Health and Safety Code, the City Council of the City of Ukiah did on AU§~St .]~ ,1984 adopt a Resolution ~uthorizing the publication in a newspaper of general circulation, on JUly 25 and 3] , 1984, before the City Council for the purpose of giving all interested persons an opportunity to be heard as to whether such Cooperation Agreement should be entered into; and there has been raade available at least three copies of the proposed Cooperation Agreement for inspection by interested persons to the mentioned public hearing; 9. The notices for a public hearing have been published as above pro- vided, and this governing body has held a public hearing starting at the hour of 7:00 p.m. on the 15th day of August, 1984 giving all inte- rested persons an opportunity to be heard as to whether the proposed Cooperation Agreement in the form hereinafter set forth should be en- tered into which said hearing has been concluded with all matters in connection therewith having been fully considered by this body. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ~KIAH HEREBY RESOLVES as follows: 1. There is a need in the City of Ukiah for low-rent housing which is not being met by private enterprise. 2. The City Council hereby approves the development, construction and ownership by the Local Autority of a low-rent housing project as defined in Paragraph l(a) of the Cooperation Agreement attached hereto. 3. The application of the Local Authority to the Government for front- end funds in an amount not to exceed $84,960 for surveys and planning in connection with low-rent housing projects of not to exceed approxi- marley one hundred (100) dwelling units is hereby approved. 4. The City Council, having held a public hearing at which all interes- ted persons were given an opportunity to be heard, and acting pursuant to the California Housing Cooperation Law (being Chapter 2 of Part 2, Division 24, of the California Health and Safety Code), hereby deter- mines that the City of Ukiah shall enter into a Cooperation Agreement with the Housing Authority (Community Development Commission) of Mendo- cino County in substantially the form set forth in Exhibit "A" attached hereto and made a part hereof. The Mayor of the City of Ukiah is author- ized and directed to execute said Cooperation Agreement in the name and on behalf of the City of Ukiah, and the City Clerk is authorized and di- rected to affix the seal of the City of Ukiah thereon and to attest the same. 5. This_ Resolution shall take effect immediately. PASSED AND ADOPTED this 15th day of August, 1984 by the following roll call vote' AYES' Councilmembers Henderson, Kier, Hickey and Mayor Myers NOES' None ABSENT' Councilmember Kelley Mayor ATTEST- City Clerk ,,. .: FROM: I® .. ,. .Ci,,t~ of Ukiah Rebecca Jondahl, Communi~ty Development Commission AGENDA DATE/COMMITTEE DAT.E, 8-15-84 Asenda ?itle Public He,arincj Re' Cooperation Agreement Time Frame: Orsent Routine X Date Required: · :.;.~ · . ~.,. DA~ SUBMITTED .. 7- 31-84 " ii REPLY NECESSARY: YES INFORMATION ONLY: YES' · x NO NO 8-15-84 Brief Summary: On 7-2-84 the Community Development Commission received notice of invitation to submit and application for Low-Rent Public Housinq from HUD. The 489 units available region-wide are the last allocation under this program. State.and Federal laws require that the local governing body take certain actions (more specifically described in the attached Resolution) in conjunction with an application for low-rent public housing. Solutions: Application for up to 100 units of low-rent public housing is consistent With the City of Ukiah General Plan Housing Element proposed assistance and goals for renters. Alternatives: 1. Adopt attached resolution 2. Reject attached resolution Personnel: CDC - Application preparation City Clerk - Certified copies of resolutions City Legal Counsel - Opinion, re- Validity of Election (Article 34) Fiscal Impact: Payments in lieu of taxes on public housing cannot exceed and may be less than property taxes collected on private housing. Recommended Action/Motion: Adopt attached resolution Reso..u. rce Person Rebecca Jondahl To be Present XX On Call Phone Ext. ACTIQN 1) Approved 2) Denied 3) Referred to 4) , 5) Date of Action Approved as Revised Committee; Calendared for Asenda Return to Department for Additional Information.Staff to clarify by Memo Other COOPERATION AGREEMENT AGREEMENT entered into this _~~day THIS 19~, by and between THE HOUSIMG AUTHORITY OF MENDOCINO COUNTY, also known as the Community Development Commission of Mendocino County (herein called the "Local Authority" or "LHA"), a Public Housing Agency or PHA as defined in the U.S. Housing Act of 1937, as amended, and the ~ of Ukiah, a California general law city (herein called the "Municipality"). WITNESSETH: In consideration of the mutual covenants hereinafter set forth, the parties do agree as follows: 1. Whenever used in this Agreement: (a) The term "Project" shall mean any low-income housin~ 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-income housing Droject 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. Further, the term "Project" means a "low rent housing project" as that term is used in Article XXXIV of the Constitution of the State of California. (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 (exclUdirgall other income of such Projects), less the cost to the Local Authority of all dwelling and non dwelling utilities. 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 one hundred (100) units of low-income housing and (b) to develop or acauire 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 California, 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 govern- mental agency and is used for low-income housing purposes, or (ii) any contract between the Local Authority and the ~overn- ment for loans or annual contributions, or both, in connection with such Project remains in force and effect, or (iii) any bond issued in connection with such Project or any monies due to the Government in connection with such Project remains 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 costs or charge for or with respect to such Project. (b) Each such annual Payment in Lieu of Taxes shall be made after the end of the fiscal year estabished for such Project, and shall be in an amount equal to either (i) five percent of the Shelter Rent collected by the Local Authority in respect to such Project during such fiscal year, or (ii) the amount per- mitted to be paid by applicable State law in effect on the date such payment is made, whichever amount is the lower. (c) No payment for any year shall be made to the Municipality in excess of the amount of the real property taxes which would have been paid to the Municipality _for such year if the Project were not exempt from taxation. (d) Upon failure of the Local Authority to make any payment in Lieu of Taxes, no lien against any Project or assets of the Local Authority shall attach, nor shall any interest or penalties accrue or attach on account thereof. 4. During the period commencing with the date of the acquisition of any part of the site or sites of any Project and continuing so long as either (i) such Project is owned by a public body or governmental agency and is used for low-income housing -2- 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 Munic%palit¥ without cost or charge to the Local Authority or the tenants of such Project (other than the Payments in Lieu of Taxes) shall: (a) Furnish or cause to be furnished to the Local Authority and the tenants of such Project 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 dwelling and inhabitants in the Municipality ; (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 Authortiy such interest as the Municipality . may have in such vacated areas; and, in so far as it 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, in so far as it may be necessary, all public or private utility lines and equiDment; (c) In so far as the ,~qni~iPality 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 administration 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 surround- ing 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 administration of such Project. 5. In respect to any Project the Municipality further agrees that within a reasonable time after receipt of a written request therefore 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 accept- able to the Municipality ; -3- (b) It will accept necessary dedications 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 f'0~' such work if such 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). 6. If by reason of the Municipality _ failure or refusal to furnish or cause to be furnished any public services or facilites 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-income housing projects owned or operated by the Local Authority. 7. 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. 8. No member of the governing body of the Municipality or any other public official of the Municipality who exercises any respon- sibilities or functions--w~-%~ 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 property. If any such govern- ing body member or such other public official of the Muni- cipality involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, he shall immed- iately disclose such interest to the Local Authority. 9. 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 consent of the Government. The privileges and obligations of the MUnicip~!ity.. hereunder shall remain in full force and effect with respect to each Project so long as the beneficial title to such Project so long as the beneficial title to such Project is held by the Local Authority or by any other public body or -4- governmental agency, including the Government, authorized by law to engage in the development or administration of low- income 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 enforced 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 of the day and year first above written. (Seal) ATTEST: (Sea]) By: HOUSING AUTHORITY OF MENDOCINO COUNTY '? " ' ' -5-