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HomeMy WebLinkAboutReso 1978-9240/ __% Form No. 342 Rev. 2/76. RESOLUTION NO. ~~[~~ re$o.~ve as SOLUTION OF THE" CITY COUNCIL" OF °'T'HE` Cfii'Y OF CHULA V STA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA V STA AND THE HOUSING AUTHORITY OF THE COUNTY OF SAN D EGO FOR LOW RENT PUBLIC HOUSING AUTHORIZING THE MAYOR TO `EXECUTE SATD AGREEMENT e City Council of the City of Chula Vista does hereby ollows: N W, THEREFORE, BE IT RESOLVED that that certain agreement bet en THE CITY OF CHULA VISTA, a municipal corporation, and fiHE OUSING AUTHORITY OF THE COUNTY OF SAN DIEGO, for low rent publ'c hous'ng date the whic is ati full set fc Vist~ be, a afire ment f presdn ~_day of p~~(;~~4-~ 19~_, a copy of ached hereto and incorporated herein, the same as though rth herein be, and the same is hereby approved. IT FURTHER RESOLVED that the Mayor of the City of Chula d he is hereby authorized and directed to execute said r and on behalf of the City of Chula Vista. Approved as to form by ;. 1 George D. Lindberg, City Attorney r~ryx1 ~roc~~Ier~;-Community Devel pment pirector ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF' CHULA VIST , CALIFORNIA, this~_day of AUGUST ~ 19~_, by AYES : Councilmen HYDE G I LLOW , srnTT, FrIlA NL NAYE Councilmen NONE ABSE T: Councilmen Cnx ~~ ~ ~ ~/ I ~:T~ Mayor \ of the City of Chula Vista .___ ATTE City Clerk STAT OF CALIFORNIA) COUlV' OF SP~N DIEGO) ss . CITY OF CHUIIA VISTA) I,I , City Clerk of the City of C ula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No.~i~_, and that the same has not een amended or repealed. DATED City Clerk RECEIVED APB 1 ~~ 1973 BY CHA Form -52l~81. This form has been prepared by the Department of Housing and Urb Development for use by a Local Authority as a guide in drafting agreeme is providing for local cooperation, as required by the Housing Act of 1 and b re Dilations of the De artment. Page 1 COOPERATION AGREEMENT 1 g~, (herein (her In consideration of the mutual covenants hereinafter set forth, the ies ereto do agree as follows: n ,, , , ~1. 2. ontract; ne or me ent hou: ects, e~ ipality. ect. s Agreement entered into this~~ day of AUGUS T by and between THE HOUSING AUTHORITY OF THE COUNTY OF SAN DIEGO ~ called the "Local Authority" and THE CITY OF CHULA VISTA in called the "Municipality" , witnesseth: Whenever used in this Agreement: (a~ The term "Project" shall mean any lcw-rent housing hereafter developed or acquired by the Local Authcrity Frith 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-rent housing project 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.~~ (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 (excluding all other inccme of such Project , less the cost to the Local Authority of all dwelling and nondwelling utilities. (d~ The term "Slum" shall mean any area where dwellings predominate which, by reason of dilapidation, overcrowding, faulty arrar_gemen~t or design, lack of ventilation, light or sanitation facilities, or any combination of these factors, are detrimental to safety, health, or morals. The Local Authority shall endeavor (a) to secure a contract or with the Government for loans and annual contributions covering re Projects comprising approximately 55 2/ units of low- ,ing and (b~ to develop or acquire and administer such Project or Pro- .ch of which shall be located within the corporate limits of the T~uni- The obligations of the parties hereto shall apply to each such Pro- 3. (a~ Under the constitution and statutes of the state ~f alifornia , ~ all projects are exempt from all real nd pers nal property taxes and special assessments levied or imposed by ny Taxi g Body. With respect to any Project, so long as either (i~ such 'roject ~s owned by a public body or governmental agency and is used for ow-rent housing purposes, or (ii~ any contract between the Local Authority nd the Government for loans or annual contributio~.ls, or both, in connection ~ith such Project remains in force and effect, or (iii any bonds issued n connection with such Project or any. monies due to the Government in onnection with such Project remain unpaid, whichever period is the longest, ,he Nfunicipality agrees that it will not levy or impose any real or personal :roperty taxes or special assessments upon such Froject or upon the Local uthority with respect thereto. IJuring such period, the Local Authority hall make arLnual payments (herein called "Payments in Lieu of Taxes"~ 5248 2 Cn lieu f such taxes and special assessments and in payment for the public s rvices and facilities furnished from time to time without other ;ost or Iharge for or with respect to such Project. (b) Each such annual Payment in Lieu of Taxes shall be made .fter th end of the fiscal year established for such Project, and shall ~e in an amount equal to either (i) ten percent (l00} of the Shelter ent cha ged by the Local Authority in respect to such Project during uch fis al year or (ii} the amount permitted to be paid by applicable tate la in effect on the date such payment is made, whichever amount s the 1 wer. (c} The Municipality shall distribute the Payments in Lieu of axes amo g the Taxing Bodies in the proportion which the real property axes whi h would have been paid to each Taxing Body for such year if the roject w re not exempt. from taxation bears to the total real property 3xes'whi h would have been paid to all of the Taxing Bodies for such year f the Pr ject were not exempt from •taxation; Provided, however, That no ~yment f r any year shall be made to any Taxing Body in excess of the nount of the real property taxes orhich would have been paid to such Taxing ~dy for uch year if the Project were not exempt from taxation. (d) Upon failure of the Local Authority to make any Payment in Leu of T es, no lien against any Project or assets of the Local Authority call att ch, nor shall any interest or penalties accrue or attach on :count t ereof. 4• ring the period commencing with the date of the acquisition of Y Pam f the site or sites of any Project and continuing so long as e ther (i such Project is o~med by a public bod or d is us d for low-rent housin y g°vernmental agency L cal Aut ority and the Govermm~ Puforsloansro(1annual cortributbons,eorthe b th, in connection with such Project remains in force and effect, or ( ii} any onds issued in connection with such Project or any monies due t the Go ernment in connection with such Project remain unpaid, whichever p riod is he longest, the Municipality without cost or charge to the L cal Auth rity or the tenants of such Project (other thar..the Payments i Lieu ofiTaxes) shall: a) Furnish or cause to be furnished to the Local Authority d the tenants of such Project public services and facilities f the same character and to the same extent as are furnished rom time to time without 'cost or charge to other dwellings ~~ d inhabitants in the Municipality; b) Vacate such streets, roads, and alleys within the area f such Project as may be necessary in the development thereof, d convey without charge to the Local Authority such interest s the Municipality may have in such vacated areas; and, in so ar as it is lawfully able to do so without cost or e~.~erse to he Local Authority or to the Municipality, cause to be removed rom such vacated areas, in so far as it may be necessary, all ublic or private utility lines and equipment; c) In so far as the Municipality may lawfully do so, (i} grant uch deviations from the building-code of the Municipality as are easonable and necessaz~r to promote economy and efficiency in the evelopment and administration of such Project, and at the same time safeguard health and safety, and (ii) make such changes in zoning of the site and surrounding territory of such Project als are reasonable and necessary for the development and protection Of such. Project and the surrounding territory; ~I a !~ HITD-52l~Q1 Page 3 I I (d) Accept grants of easements .necessary for the development of such Project; and ~,I (e) Cooperate with the Local Authority by such other lawful action or ways as the Prtunicipality and the Local Authority may find necessary in connection with the development and administration of such Project. 5. In r~spect to any Project the Municipality further agrees that within a reason~.ble time after receipt of a written request therefor from the Local Autthority: ~I (a) It will accept the dedication of all interior streets, i, 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 I acceptable to the Municipality; (b) It will accept necessary dedications of land for, and will grade, improve, pave, and provide sidewalks for, ail streets bounding such Project or necessary to provide adequate access thereto (in consideration whereof the Local Authority shall pay to the Municipality such amour_t as would be assessed against the Project site for. such work if such site were ~~ privately owned); and (c) It will provide, or cause to be provided, water mains, and store 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). >. If bye reason of the Municipality's failure or refusal to furnish or ;ause to be furnished any public services or facilities which it has agreed h reunder to furnish or to cause to be furnished to the Local ~uthorit or to the tenants of any Project, the Local Authority incurs my exile se to obtain such services or facilities then the Local ~uthorit may deduct the amount of such expense from any Payments in Dieu of axes due or to become due to the Municipality in respect to +ny Proj ct or any other low-rent housing projects owned or operated ~y the L cal .Authority. ~ I ' No C operation Agreement heretofore entered into between the lunicipa ity and the Local Authority shall be construed to apply to any Proj ct covered by this Agreement. ~No m ber of the governing body of the Municipality or any other ublic o ficial of the Nhariicipality who exercises any responsibilities r functions with respect to arty Project during his tenure or for ne year tYiereafter shall have any interest, direct o-r indirect, in ny Project or any property included or planned to be included in ny project, or any contracts in connection with sucli Projects or roperty.!i If arty such governing body member or such other public fficial of the Municipality involuntarily acquires or had acquired rior to he beginning of his tenure any such intere:~t, he shall ~mediately disclose such interest to the Local Autho-r~ity. ~~kin Iltm-524$1 Page ~ ', 9. So Long as any contract between .the Local Authority and the Government for lows (including preliminary loans or annual Contributions, or both, in connection with any Project remains in force and effect, or so long as arty bon s issued in connection with any Project or any monies due to the Governor nt in connection with any Project remain unpaid, this Agreement shall n t be abrogated, changed, or modified without the consent of the Governor nt. The privileges and obligations of the Municipality hereunder shall r main in full force and effect with respect to each Project so long as the eneficial title to such Project is held by the Local Authority or by any ether public body or governmental agency, including the Government, authori$ed by law to engage in the development or administration of low-rent housing'iprojects. If at any time the beneficial title to, or possession of, anyProject is held by such other public body or governmental agency, includi g the Government, the provisions hereof shall inure to the benefit of and ay be enforced by, such other public body or governmental agency, includi g the Government. 'INWITNESS WT~EOF the Municipality and the Local Authority have respec- tively~~igned this Agreement and caused their seals to be affixed and attested as of tl~e day and year first above written. (SEAL ATTEST: JENN~E M, FULASZ, CMC Name and Title Corporate Name of Municipality By ~~ '~~~'~ WILL T, HYDE MAYOR (Type Name and Title (SEAL ATTEST y ,~ ~I i I By I Corporate Name of Local Authority By Chairman D ~u