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HomeMy WebLinkAboutRESOLUTION 1966-17~ _ ~. - ....~ _ .. --w~ F :.~.,.._._._~ pr~wr~--- --- ~3 ~ ~ ~~ CITY (,f' I'u:'~iAT RL•'~~L'JZ~7~•II 2?C, ~~~-17, fI7T'f10iil'1.7i~G fi77'~ CITY i:gilltG:it, J!„S j~ 41. i:Ai ..7:}!':., '{(~ ~1.;'1t17 I~-ii°T.IC 'r1' i!;~ TUG?,Tfi :R trllirI .'.LL ,7'~C~~;_`i .;;" IIiFO%tt; ?1(,i:, i7~) TU s:~ CsILT r~C'C!rt%~ ?T'; rJIj ~"'?i `I,7 ~' _' •':f ~;T 7"1 ~ f • Y iIAT ~-C:: 'i'ii T'.[ L7t!G ()r' ;~jt ' }' 'L1~% T70:I ?'iii i~L::;R:.L ?ii'' '~`!~ P:~tCJuCT I'r d 'i4i:: C' ,•i:~ ='i3UCT3 C'id r~'t~ !~ ^il~T.I, '.T;'tC+2ltr`I' 'P%(~•I! {,Id t~Hr, i,%~tIA? 3iUi~i?CIi'l~I., .~.,t 'G,'t'P. ?~F~~iy~l~:i, it is the dosire of tt-,e City of :Lonai, :acting t'~rough its duly olectod :ia;~or snd City Council to c3uso to he riled and dr•cumented an appli.caticn i'or Fi9deral l~tulds in tho assistance of the constrvc'ci.an of facilities i'or i;he ..~r.~All ~ircraft !!nron of 'chc :~iunb0ii,a1 !,irport ~wi,ed an:~ op'.ratad by tho City of Henai; ar,d '.'PdEI3E1~, it is this cies:ire cf the City Council o.i' thv City 01' K©nai tha'c the City „anr,~er ~~f thc: City c,f fer,~ti, J~+mes W. Hn:.~••ison, be authorizes snd :+nsturcted to file ar,c? ai~?n Such anpl~c atzon cn behalf of the :.icy of Konai; II(SU THERLT'G~^ 3L IT ~C :. CT,V'-.D ~ Y THE C( UITCIL 0:~• ?'1i.: CrTX Gr r:~t!~z: 1. That the said J»mes t•!, H.=rri.son, City i~~anar,er for the City of Konai, Alaska, be and hereby is authorized and instruct- ed to Y'ile such appl5.cat.~ <~n with the Fodcral. viationl.'gency, Pa3sod this tho 6th day~xil, 1966, at/~ene~,/Alaska. or i ~ _ _ ~ ~. 7 ~ v a~~cos tar svn, G y ,]~ rk G -,idea--~- - _ --- a ,( CU~PCkAT I btl AGkCEt~lEN7 ' •i •. .~.rr.•..•.••...t entered into this day of 1~ 66 ':v :~~' '• •.•lca:n tt~e Al,rska State ftuusing Authority (herein called thr "Loc:,l tiut',l.rity") .,I.t Kenai Alaska (t)~rein called the"Municipality"), witnesseth; In u,rrsideratiun of the mutual covenants hereinafter set forth, the parties l,rrelu du a,yree as follows: 1, Ilh~nvv~r used In tht>, A9r~ement: (a) The term "Project" shall mean any low-rent housing hereafter developed as an entity by the Local Authority with financial assist- ance of the Housing Assistance Administration (herein called the "HAA"); excluding, h~swever, any low-rent housing project covered by any contract for loans and annual contributions entered into between the Locai Author- ity and the HAA, or its predecessor agencies, prior to the date of this Agreement. (b) The term "Taxing Body" shall mean the State or any political sub- division 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 dwellin rents and nondwelling rents {excluding all other income of such projeet~, 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 arrangement or design, lack of ventilation, Itght or sanitation facilities, or any combination of these factors, are detrimental to safety, health, or morals. t 2. The Local Authority shall endevor (a) to secure a contract or contracts with , tltta HAA far loans and annual contributions covering one or more projects comprising approximately r~unlts of low-rent housing and (b) to develop 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 pro}eat. 3. (a) Under the constitution and statutes of the State of Alaska, all Pro- jects are exempt from all real and personal property taxes and special assessments levied or imposed by any Taxing Body. With respect to any Protect, so long as either (i) such project is owned by a public body or yovernmental agency and Is used for low-rent housing purposes, or (li) any contract between the Local Authority and the HM for loans or annual contributions, or both, in connection with such Project re- rn,~nirrs in force and effect, or (iii) any bonds issued in connection with such project ur any rrronies due to the HAA in connection with Such Project remain unpaid, which- ever period is the longest, the Municipality agrees that it will nor levy or impose any real or personal property taxes or special assessments upon Such Projer.t or upon tt,e Lnca) Authority with respect tfrereto. During such per(od, the Lvcal Author- ity strsrll m.,ke onnual payments (herein tailed "Payments in Lieu of Taxes") in lieu of ;ur.h t ,~~e'. .end s f~t:t. i •, I assessments t+nd i n payment fur the Pub l i c services and facilities Inr'r~i•.:,.,t rr••u• Ilnu• Ile Blue WithUUt ULhCr COSt Ur charge for or with respuct t•.l such (b) Each such annual Payment is Lieu of Taxes shall be made after the end of the fiscal year established fvr such Project, and shalt be in an amount equal to either (i) ten percent (10"/.,) of the Shelter Rent actually collected but in nv event to exceed ten percent (10'%) of the. Shatter Rent charged by the Lt,c~,l A~Ithr~rity in respect to such Project during such fiscal year or (ii) the amount perulittt•d to L.• I).li,' by ap~lir.lbll• ;t.tte law in affect ~•r, the date such payment is ~„atit•, ~:,I,ic'u~ver .~ ..~„,r „ ,1. t• I,nn•r . f l.) 'l l,t• i".unicip.,lfly SL.111 di',I r'1!nlr •• that Ih ry~l~l•nl•. ir, Lieu nl T.+x •••. .,',tiny r!u- 1.,x1,,.) Islnlieti in th)t I+rt,l,urt ion which the re,ll Nrt,prr ~ y t.,xe•, vrhit.h l~x,vl~l I~.lyl. LI•r,, t,.,l~l (u N.ICh ~f,lxin•) Holly lur SUCK yr•.Ir it the i'rl•~,~,_t IirYt• nt)r ,•,.,•ny,t tr,,un 11•.11 i..n In'.Iri r(, rhl• rUl.)l rcdl pro pl•rl •~ I.1 Y.!'S Yllll (, II 4,UU!ti !'.,V t' Ill!f'I) x,11 O LU JII ~` - .rc~--~. -_ ~~~. ~'-+.Ye~Y~are9~~~~1~A1~Y~~IIf/~ iiY~i4',~=>/G-{~` ~ ::7'_"""-'G LilY~.~._. __ _ .... ..t st„• r,~,,iny budtes fur such year if the Pr~~Lct uvre not exempt from taxation; :••,:,.;.ir•rt, ttrK•n~vcr, 'that no payment for any ye.+r shall be grade to any Taxing Dody ,~. ••~•..••.•. •.r tt,.- arrwunt of the real t+roperty taxes which would have been paid to ;••.t+ I.,~iny Rudy fur such year if the Project were not exer~rpt from taxation, (d) Upon failure of the Local Authority to make any Payment in Lieu of l.rw<s, nu lien against any Project or assets of the Local Authority shall attach rrur shall any interest or penalties eccrua or attach on account tharaof. h, ttre M:,rilCipall~y agrees that, subsequent to the date of Initiation (as tl.•Ilrra.l i,~ ti+e Unitrd Status Ituusing Att of 1337, as amended) of each Project ant) wrtlrin live y.•.rr:. alttr the Completion thereof, or such further period as may be ..t,pruv.r.l I,y acre; ItAA. tl.cre t-aS besen or ari I I be elimination (as approved rsy the HAA I,y de,+,ulitiun. conderrrrwtiun, effective closings or compulsory repair or improve- ment, ut unsafe or insanitary dwelling units situated in the locality or metro- politan area in which such Project is located. substantially equal in number to the rr~rrr,ber of newly constructed dwelling units provided by such Project; Provided. 71r,rt where more than one family is living in an unsafe or insanitary dwelling Unit. the elimination of such unit shall count as the elimination of units equal to the number of families accommodated therein; and Provided, further. That this Paragraph 4 shall not apply in the case of (i) any Project developed on the site of a Slum cleared subsequent to July 15. 1959, and that the dwelling units eliminated by the clearance of the site of such Project shall not be counted as elimination for any other Project or any other low-r1!nt housing project, or (11) any project located in a rural nonfarm area. S. 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-rent housing purposes. or (ii) any contract between the Local Authority and the HAA 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 HAA in wnnection with such Project remain unpaid, which- ever 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 Lieu of Taxes) shall; (s) 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 extant as are furnished from time to time without cost or charge to other dwellings 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 ttiereof, and convey without charge to the total Authority such interest as the Municipality may have in such vacated areas; and. in so far as it is lawfully able to do so without test 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 equipment; (c) In so far as the Municipality may lawfully do so, (i) grant such deviations from the building code of the Municipality as are reasonable and nuc.~ss.,ry to promote economy and efficiency in the development and administration +,f ~rrcrr PrujECt, and at the Same time safeguard health and safety, and (ii) make su~ir tt,.grr+tr:•, ir- .lrry ~oniny of the site and surrounding territory of such Project a5 ar+• r~•.r..•rr,,l,le and necessary for the development and protection ~f such project and the srrrruunding 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 whir the development and administration of such Project. f, In rc~sparC.t to any Project the Municipality further agrees that within ,• rr•.,•.~n:,ble time after receipt of a written request therefor from the Local r,•~r t.,•, i ty: - 2- .. r ,y... .wd ... ~ ~. .. 't~ I' I. ~. i l ~~ _r_ ~- ~-_~_. r ~~ >`. {.SJ ~t LYi{) .ittC(.ft the u~.{~Cdt~iYf Uf all inlrl'inl' •.trl'CtS, 1"~•.~.1• .,Ilryy. and .fdjau•nt Sidewalks within the ;.rea of such Project, 1„r~.•ri,,:r wild ail •.~~~~~~~ and sanitary sewer mains in Such dedicated areas, after 11,.• ;.,c.fl Ae,th~.rily, at its own expense, has c~mpleled the grading, improvement, paving, and inslailatiun Ihoreaf in accordance with specifications acceptable t~ the Municipality; (h) It will accept necessary dedications of land fr,r, and will gradr, imprnvC. pave, and provide sidewalks for, all str~•ets bounding such Proi~rt f.r necessary to provide adequate access thereto (in consider,ilirfn wher~o( thr• I<~r.•11 Authority shall pay to lhr• Municipality such :Inlu~~nt .~-, woulri hs ay~,,•yyrd against the Project site for such work If such site wore privately uwned); 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 (inconsideration 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). 7. 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 herP~.l.der to furnish or to cause to be furnished to the Local Authority or to the t,•n.fnts of any Project. the Local Authority i ncurs and expense to obtain sllclf -,E•rv i f r:, nr foci I s- ties then the Local Authority may deduct the amount of such exp~nyes trnln any payment 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 Authority. 8. 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. ' 9. So long as any contract between the Local Authority and the HAA 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 HAA in connection with any Project remain unpaid, this Agreement shall not be abrogated. changed. or modified without the consent of the HAA. The privileges and obligations of the Municipality hereunder shall remain in full force and effect with respect to each Project so long as the beneficial title to such Project is held by the Local Authorities or by any other public body or governmental agency, including the HAA, authorized by law to engage to the development or administration of low-rent housing projects. If at any time the beneficial title to, or possession af, any Project is held by such other public body or governmental agency, including the HAA, the provisions hereof shall incur to the benefit of and may be enforced by, such other public body or governmental agency, including the HAA. IN WITNESS WHCREOF 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. - 3- i 1 ~! ~' I' .• ~~--- r - u.~~~.w.,c ~_ 1 ~~ ~ ~. S _ ~ ~.~ e CITY OF KEN{ I ,ALASKA ~. By Mayor SEAL ATTEST i Clty Cisrk ' ~~ ,~ ~. SEAL k ATTEST Secretary ^. ALASKA STATE HOUSING AUTHORITY ey Chairman .q. ~, '. ~4 J ,{ i I r j; r