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HomeMy WebLinkAbout03038 ORD - 05/29/1951AN ORD= CE AUTHORIZING AND DIRECTING THE CITY MM AGER OF THE CITY OF CORPUS CHRISTI TO =CUTE A COOPERA- TION AGREEMENT FOR AND ON BEHALF OF THE CITY WITH THE HOUSING AUTHORITY OF THE CITY OF CORPUS CHRISTI IN CONNECTION WITH THE REQUESTED CONVEYANCE OF PERMANENT WAR FiNSING PROJECTS NOS. 41o64 and 41065 TO THE HOUSING AUTHORITY OF THE CITY OF CORPUS CHRISTI FOR LEAP RENT USE, MM EGBEARRr. #11 EMERM19* WHEREAS, The United States of America, acting through the Housing and Rome Finance Agency, Public Housing Administration, owns per- manent war housing now known as PHA Project No. 41064, consisting of four hundred (400) dwelling units and PHA Project No. 41065, consisting of one Hundred ( 100) dwelling units$ located in the City of Corpus, State of Texas, and, WHEREAS, The Congress of the United States has authorised - by Public Law 475, approved by the President of the United States on April 20, 1950, the conveyance of such housing to a public housing agency to provide housing for families of low income, and, the Housing Authority of the City of Corpus Christi, Texas, proposes to acquire such housing and to operate it as low rent housing, which housing will meet a need for housing to be operated as low -rent public housing at rents within the means of low- income families, particularly families of civilian defense workers, military personnel, and /or veterans, and WHEREAS, Actual present conditions in the City of Corpus Christi require the continued operation of said project as a Veteransl , Housing Project, it is recommended by the Council that the said project continue to be operated in its present status and that there be no change in policy made so long as there is determined to be a necessity far hous- ing for civilian defense workers, military personnel, and/or veterans, and that this application be considered only as compliance with the pro- visions of the Act under which such projects were constructed and are now being operated: • NOV9, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TE%ASi 3639 Section 1. That it is hereby requested that conveyance be made of such housing to the Housing Authority of the City to Corpus Christi to be administered with no change in policy contemplated or ' made so long as there is determined to be a necessity for housing for civilian defense workers, military personnel, and /or veteransp as low. rent housing for families of low incomes, particularly families of said serri.ce man or veterans# and that this application be considered only as compliance with the provisions of the Act under which such projects were constructed and are now beingoperated. Section 2. That the City Manager be and be is hereby authorized and directed to execute on behalf of the City in triplicate a cooperation agreement with the Housing Authority of the City of Corpus Christi, Texasp a copy of which agreement is attached hereto and made a part hereof. Section 3. That the necessity of providing law -rent using for families of low incomes the lack of which creates a oon- diti constituting a menace to the health# safetyp morale and fare of inhabitants of the Cityp and the necessity for co once with the pro ons of the Act under which the aforesaid jects were constructed and a now being operated immediately, ate a public emergency and an impera ve public necessity re ring the suspension of the Charter rule that no rdimnes or re lution shall be passed finally on the date of its int do and that such ordinance or resolution shall be read at three ral meetings of the City Coun- oil, and the Mayor, having de red such rgency and necessity to exist, having requested suspension of sai Charter rule and that this ordinance be pa ed finally on the date of it introduction and take effect and in full force and effect from and er the date r of its pass as IT IS ACCORDINGLY PASSED AND APPROVED This e day of . A.D. 1951. War- THE CITY OF CORPUS CHRISTI City Secretary APPROVED AS TO LEGAL FORMt . City Attorney SECTION 3e in accordance with the City Charter of the City of Corpus Christi, Texas, the foregoing ordinance was read the first time and passed to the second reading on thej,'Qp'day of May, 19519 by the following votes LESLIE WASSERIUN JACK DEFORREST n BARNEY COTT SYD`IEY HERNDON GEORGE LOHMAN � - The foregoing ordinance was read the second time and passed to the third reading on the,;U_day of May, 19519 by the following vote; LESLIE WASSERMAN JACK DEFORREST BARNEY COTT SYDNEY HE- RNDON GEORGE LCIUMN -rd The foregoing ordinance was read the this time and passed finally and passed and approved an the _2� day af, , 1951, by the following votes LESLIE ERMAN JACK DEFOR9ORRESST BARNEY COTTA SYDNEY Holm GEORGE LOAMAN • APPROVED, This the day of—v!!�-, 1951, R TI THE CITY OF CORPUS CHRISTI ecre ary APPROVED AS TO LEGAL FORMr City Attorney 30�� COOPERATION AGREEMENT (War Sousing Conveys for Low -Seat Use) This Agreement entered into this at day of June, 1951, by and between the Housing Authority of the City of Corpus Christi (herein called the "Local Authority ") and City of Corpus Christi. Texas (herein called the " Municipality"), WiTNESSETH: W;SFaF S, the City Council has requested by communication, dated December 29, 1950, the Public Housing Administration ( berein called the PHA) to convey to the Local Authority certain war housing located within the corporate limits of the Municipality for use as low -rent housing; and WHEREAS. the "cat Authority proposes to accept conveyance of such housing and to enter into a can ract or contracts with the PHA for the administration of such housing pursuant to Section 606 of Public Law 849, 76th Congress, as amended; and WHEREAS. the Municipality is desirous of assisting and cooperat- Ing with the Local Authority in such andartakings: NOW THEREFORE, in consideration of the mutual covenants herein- after act forth, the parties hereto do agree as follows; 1. Whenever used in this Agreement: (a) The term ^Projeer' shall mean any war hotstng which is hereafter conveyed to the Local Authority for low -rent use and for which the conveyance has been requested by the govern- ing body of the Municipality. (b) The term "Taxing Body" shall mean the State or any political subdivision or taxing unit thereof in which a project i Is situated and which would have authority to assess or levy �\ real or personal property taxes or to certify such taxes to a ' u` taxing body or public officer to be levied for its use and benefit with respect to a Project if it were slot exempt from taxation. (e) The term "shelter Rent" shall mean the total of all charges to all tenants of a Project for dwelling rents and non- dwelling rents (excluding all other income of such Project), less the coat to the Local Authority of all dwell- ing and non - dwelling utilities. Z. The Local .authority shall endeavor to secure a contract or contracts with the PHA for the acquisition and operation of one or more projects for low -rent use, described as follows: Project TEX- 41064, known as La Armada H Project TEX- 41065, known as La Armada III 3. (a) Under the constitution and statutes of the State of Texas, all Projects are exempt from all real and personal property taxes levied or imposed by any Taxing Body. With respect to any Project, so long as either (1) such Project is owned by a public body or govern- mental agency and is used for low -rant housing purposes, or (ii) any contract between the Local Authority and the PHA in connection with such Project remains in force and effect, or (iii) any monies due to the PHA in connection with such Project remain unpaid, whichever period is the longest, the Municipality agrees that It will not levy or impose any real or personal property taxes 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 ") to the Municipality in lieu of such taxes and in payment for the public services and facilities furnished from time to time without �`• other cost or charge for or with respect to each Project. (b) For the tax year In which the conveyance from the PRA to the Local Authority is made and the next succeeding tax year each '� annual Payment'in Lieu of Taxes shall be in an amount equal to either (i) the real property Lazes which world be paid to all Taxing Bodies for each of such years if the Project were not exempt from taxation, leas say Payments.in Lieu of Taxes previously paid by the Federal l Government or the Local Authority for such year, aad also less such allowance as may be considered by the Local Authority to be appropriate for expenditures by either the Federal Government or the Local Authority for the repair and maintenance of streets, uttlitiea, or other public services to serve such Project or (ti) the amount permitted to be paid by applicable awe law in effect on the date such payment is made, whichever amount is the lower. Such payments shall be made at the time when real property taxes on such Project would be paid if it were sub- ject to taxation and any deduction or allowance made on account of expenditures by the Federal Government or the Local Authority shall be deducted from the payment to the appropriate Taxing Body which should have rendered the service Involved. (c) After the and of the two tax years referred to in paragraph 3(b) above, each such annual Payment in Lieu of Taxes shall be made at the time when real property taxes on such Project would be paid if it were subject to taxation, and shall be In an amount equal to either (i) ten per cent (10%) of the aggregate Shelter Rent charged by the Local Authority In respect to such Project during the 12 months' period or portion thereof ending June 30 before such payment is made, or (ii) the amonnt permitted to be paid by applicable state law in effect on the date such payment is made, whichever amount is the lower. (d) No payment in lien of taxes for any year shall be made to the Manlclpality in excess of the amount of the real property taxes which would have been paid to the Municipality for such year if the Projects were not exempt from taxation. (e) Upon failure of the Local Authority to make any Payments in Lieu of Taxes, no Lisa against any Project or assets of the Local Authority shall attach, nor $ball any interest or penalties accrue or attach on account thereof. 4. During the period commencing with the date of the acquisition of any Project and continuing so long as either (1) such Project is owned ` by a public body or governmental agency and is used for low -rent housing purposes, or (ii) any contract between the Local Aftharity and the PHA in connection with such Project remains in force and effect, or (iii) any monies due to the PHA in connection with such project remain unpaid, whichever period is the longest, the Municipality without cost or charge to the Local Authority or the tenants of such Project (other than the Payments in Lien of Taxes) shall: (a) Furnish or cause to be furnished to the Local Authority and the tenants of each Project public services and facilities of the same character and to the same extent as are furnish- ed from time to time without cost or charge to all other dwellings and inbabitauta in the Municipality; (b) Insofar as the Municipality may lawfully do so (i) grant such deviations from the building code of the Munici- pality as are reasonable and necessary to promote economy and efficiency in the administration of such Project, and at tho same time safeguard health and safety, and (ll) make such changes in any zoning of the site and surrounding territory of such Project as are reasonable and necessary for the protection of such Project and the surrounding territory; (e) Accept grants of easements necessary for the adminis- tration of each Project; and (d) Cooperate with the Local Authority by each other law- ful action or ways as the Municipality and the Local Authority may find necessary in eonueetion with the admints- tration of such Project. 5. In respect to any Project the Municipality further agrees • that witbiu a reasonable time after receipt of a written request there- for from the Local Authority it will accept the dedication of all in- terior streets, roads, allays, and adjacent sidewalks within the area of such Project, together with all storm and sanitary sewer mains in such dedicated areas. b. If by reason of the Municipality's failure or refusal to furnish or cause to be furnished any public services or facilities 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 -rent housing projects owned or operated by the Local i�.uthorlty. Z. 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. ii. So long as any epatract between the Local Authority and the PHA In connection with any project remains in force and effect, or to long as any modes due to the PfIA in connection with any Project remain unpaid, this Agreement shall not be abrogated, changed, or modified without the consent of the PHA. The privileges and obliga- tions of the Municipality hereunder &hall remain in full force and f effect with respect to each Project so long as the beneficial title to such Project is held by the Local Authority or by any other public body or governmental agency, Including the PHA, authorized by law to engage in the development or administration of low -rent housing projects. u at any time the beneficial title to. or possession of, any Project Is held by such other public body or governmental agencys in- cluding the PHA, the provisions hereof shall inure to the benefit of and may be enforced by, such other public body or governmental agency, including the PHA. IN WITNESS WHEREOF the Municipality and the Local Authority have respectively signed this Agreement and caused their seals to be affixed end attested as of the day, and year first above written. ATTEST: CITY OF CORPUS CHRISTI, TEXAS By City Secretary City Manager APPROVED AS TO LEGAL FORM HOUSING AUTHORITY OF THE CITY OF CORPUS CHRISTI, TEXAS City Attorney By W. B. McAdams, Chat,man ATTEST: Edna Ga rett, Necutive Director and Secretary.