HomeMy WebLinkAbout1993-07-19 Resolution
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RESOLUTION NO. '93-179
RESOLUTION APPROVING APPLICATION FOR PUBLIC HOUSING AND PUBLIC
HOUSING AGENCY REQUEST FOR FRONT-END ANNUAL CONTRIBUTIONS
CONTRACT (ACCI.
WHEREAS, it is the policy of this locality to eliminate substandard and other inadequate
housing, to prevent the spread of slums and blight, and to realize as soon as feasible the goal
of a decant home in a sui tabla living environment for all of its citizens; and
WHEREAS, under the provisions of the United States Housing Act of 1937, aS'amended, the
United States of America, acting through tha Secratary of Housing and Urban Development
(herein callad the "Government"), is authorized to provide financial assistance to local public
housing agancies for undertaking and carrying out preliminary planning of low-rent housing
projects thet will assist in meeting this goal; and
WHEREAS, the Act provides that there shall be local determination of need for low-rent
housing to meet neads not being adequately met by private entarprise and that the
Government shall not make any contract with a public housing agency for preliminary loans
(through the use of a front-end ACCI for survays and planning in respect to any low-rent
housing project unless the governing body of tha locality involved has by resolution approved
the application of the public housing agency .for such preliminary loan (through the use of a
front-and ACCI; and
WHEREAS, the Iowa City Housing Authority (herein called the 'PHA") is a public housing
agency and is applying to the Government for a front-and ACC to cover the costs of surveys
and planning in connection with the devalopment of low-rent housing;
NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, as follows:
1. That there exists in the City of Iowa City a need for such low-rent housing which is
not being met by private enterprise;
2. That the application of the PHA to the Governmant for a front-and ACC in an amount
not to exceed 1 % of the total development cost for surveys and planning in connection
with the low-rent housing projacts of not to excaed approximately twenty (201
dwelling units is hereby approved.
3. This Resolution also gives majority approval by the City Council of the City of Iowa
City, Iowa, of the project within its jurisdiction based upon the study or report and
recommendations as required by Section 403A.5 of the Iowa Code.
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Resolution No. 93-179
Page 2
It was movad by Horowitz and seconded by
adoptad, and upon roll call there wara:
Novi ok the Resolution be
AYES:
NAYS:
ABSENT:
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Passed and approved this 19th day of
Ambrisco
Courtnay
Horowitz
Kubby
X McDonald
Novick
Pigott
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ATTEST:'
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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
PUBLIC HOUSING PROGRAM
PHA RESOLUTION IN SUPPORT OF PUBLIC HOUSING PROJECT
RESOLUTION NO. U:m
WHEREAS, the United States Housing Act of 1937 provides that thare shall be local
determination of the need for public housing to meet needs not being adaquately met by
privata enterprise; and
WHEREAS, under the provisions of the United States Housing Act of 1937, the Department
of Housing and Urban Development (HUD) is authorized to provide financial assistance to
public housing agencies for such housing; ,
NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA (IOWA CITY HOUSING AUTHORITY) AS FOLLOWS:,
1. Determination of Need: Tha PHA hare by daterminas that within its area of operation
there is a need for low.income housing to meet needs not being adequataly met by
privata enterprisa.
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2, Aoolication and/or Prooosal for Housino Assistance, The Mayor of the City of Iowa
City is hereby authorized to have prepared one or mora applications and/or proposals
for public housing assistance for development of up to twenty (20) dwelling units [and
for a Preliminary Loan of up to $ J; to sign said applications and/or
proposals on behalf of tha PHA and to submit them to HUD, said dwelling units to be
provided as follows: by new construction up to 20 dwelling units; by
rehabilitation up to dwelling units, and by acquisition up to twanty
(20) dwelling units.
3. Annual Contributions Contract (ACC). When an ACC is forwarded by HUD to the PHA
for axecution by tha PHA, the Chairman or Vice-Chairman is hereby authorized to
axecute such ACC on behalf of tha PHA; and the Secretary is hereby authorized to
imprass and attest the official PHA saal on each ACC counterpart and submit to HUD
executed countarparts and related documants as required by HUD.
4. General Deoositarv Aoreernent. Tha Chairman or Vica.Chairman is hereby authorizad
to execute on behalf of the PHA a General Dapositary Agreementls) and/or Savings
Depositary Agreement(sl each in the form approved by HUD; and the Secretary is
hereby authorized to impress and attest the official PHA seal on each counterpart and
submit to HUD executad counterparts and ralated documents as requirad by HUD.
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5. Fundino for Proiact Develooment Cost.
lal In order to fund the Development Cost of Housing projects pursuant to this
Resolution or any other Resolutions as may be required by HUD, the PHA
hareby authorizas the Issuance of obligations in its name at such times, in such
amounts, and on such tarms and conditions as HUD may direct or approve in
accordance with the ACC.
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Res. No. 93-180.
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(b) The Chairman or Vice.Chalrman is hereby authorizad to prepare and exacuta
such PHA obligations; and the Secretary is hereby authorizad to impress and
attest tha official PHA seal, deliver the obligations to HUD or such other lenders
as HUD may direct, and accept payment therefor or causa payment to be made
as diracted or approvad by HUD in accordance with the ACC.
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(c) Each such PHA obligation shall ba securad in such manner as may be providad
and/or required by HUD in accordance with the ACC. All proceeds from such
PHA obligations shall be deposited and used only as approvad by HUD in
accordance with theACC.
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6. HUD Reoulations. In connection with the development and oparation of any program
or activity receiving Federal financial assistance undar the United States Housing Act
of 1937, the PHA will comply with all requirements under the applicable ragulations
of tha Dapartment of Housing and Urban Development, 24 CFR 841 or 24 CFR 805,
as appropriate, and all HUD ragulations relating to the operation of public housing
projacts.
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7. Meanina of Terms. All tarms used in this Resolution which are defined in the ACC
shall hava the maanings givan to them in the ACC.
8. Effectiva Data. This Resolution shall take effect immediately.
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It was movad by Horowitz and secondad by
adopted, and upon roll call thera were: '
Novi ok the Resolution be
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AYES:
NAYS:
ABSENT:
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Courtney
Horowitz
Kubby
X McDonald
Novick
Pigott
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Passed and approvad this 19th
day of ,JlIly ,1993.
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RESOLUTION NO. 93-181
RESOLUTION OF COOPERATION
WHEREAS, the City of Iowa City, Iowa (herainafter called the "Municipality"), acting by and
through the Low Rent Housing Agency of the City of Iowa City, Iowa (herainafter called the
"Commission"), has requested from the Unitad Statas of America, Housing and Urban
oevelopmant (hereinafter called "HUo"), a Program Reservation for twenty (20) units of low
rent housing to be developed and located within the corporate limits of the Municipality and
may hareafter apply for. additional Program Resarvations; and
WHEREAS, the Municipality, acting by and through the Commission, shall andeavor to secure
one or more contracts with HUo for loans and annual contributions in connection with the
development and administration of such low rent housing projects, all pursuant to the United
States Housing Act of 1937, as amendad (hereinafter called the "Actl'); and
WHEREAS, all such low rent housing projects ara for a public purpose and exempt from all raal
and personal property taxes under the Statutes of the State of Iowa; and
WHEREAS, the Municipality is desirous of assisting and cooperating in such undertakings and
of complying with the provisions of Sections 10(a), 10(h), and 15(711b) of the Act, as well as
all other applicabla provisions thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that:
Section 1. Whenever used in this resolution, the fOllowing terms shall have the following
meanings:
(a) The term "Complex" shall mean any low rent housing hereafter developed as one
operation by the Commission with financial assistance of HUo and included within any
Program Reservations issued to tha Municipality, acting by and through the Commis-
sion, by HUo which in the aggregata may not exceed twenty (20) units of low rent
housing. A Complex will generally be located on a single site but may be on scattered
sitas.
lb) The term "Taxing Body" shall mean the Stata or any political subdivision or taxing unit
theraof (including the Municipality) in which a Complex is situated and which would
have authority to assess or levy real or personal property taxes or to certify such ta:<es
to a taxing body or public officer to be levied for its use and benefit with respect to a
Complex if it were not exempt from taxation,
(c) The tarm "Sheltar Rent" shall mean the total of all charges to all tenants of a Complex
for dwelling rents and non.dwelling rents (excluding all other income of such Complex),
lass the cost of all dwelling and non.dwelling utilities.
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The term "Slum" means any araa whera dwellings predominata which, by reason of
dilapidation, overcrowding, faulty ar.rangement or design, lack of ventilation, light or
sanitation facilities, or any combination of these factors, are detrimental to safety,
health or morals.
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Rasolution No. 93-181
Page 2
Section 2. The Municipality agrees that with respect to any Complex, so long as either (a)
such Complex is used for low rent housing purposes, or (b) any contracts between the
Municipality, acting by and through the Com'mission, and HUD for loans or annual
contributions, or both, in connection with such Complex shall remain in full force and effect,
or (c) any bonds issued in connection with such Complax shall remain outstanding, whichever
period is the longast, the Municipality will not levy or impose any real or personal property
taxes upon such Complex or upon the Commission with respect thereto.
During such period, tha Commission shall make annual payments to the Municipality
(hereinafter called "Payments in Lieu of Taxes") in lieu of such taxes and in payment for public
services and facilities furnished for or with respect to such Complex. Each Annual Payment
in Lieu of Taxes shall be mada after the end of the fiscal year establishad for such Complex
and shall be in an amount equal to either (a) ten parcent (10%) of the aggregate Shelter Rent
charged by the Commission in respect to such Complex during such fiscal year, or (b) the
amount permitted to be paid by applicable stata law in effect on the effective date of this
rasolution, whichevar amount is the lower; provided, however, that upon failure of the
Commission to make any such Payment in Lieu of Taxes, no lien against any Complex or
assets of the Commission shall attach.
The Municipality shall distribute the Payments in Lieu of Taxas among the Taxing Bodies in
accordance with applicable state law; provided, howaver, that no payment fqr any year shall
be made to any Taxing Body (including tha Municipality) in excess of the amount of the raal
proparty taxes which would have been paid to such Taxing Body for such year if the Complex
were not axempt from taxation.
Section 3. During the period commencing with the date of the acquisition of any part of the
site or sitas of any Complax and continuing so long as either (a) such Complex is used for low
rent housing purposes, or (bl any contract between the Municipality, acting by and through
the Commission, and HUD for loans or annual contributions, or both, with respect to such
Complex shall remain in force and effect, or (c) any bonds issued in connection with such
Complex shall remain outstanding, whichevar period is the longest, the Municipality, without
cost or charge to the Commission or the tenants,of such Complex (other than the Payments
in Lieu of Taxes) shall:
(a) Furnish or cause to be furnished to the Commission and the tenants of such Complex
public services and facilities of the same character and to tha same extent 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 tha area of such Complex as may be
nacessary in the development thereof, and without charge, transfer to the Commission
jurisdiction of any interest the Municipality may hava in such vacated araa; and Insofar
as it is lawfully able to do so without cost or expense to the Commission and/or to the
Municipality, cause to be removed from such vacated areas, insofar as it may be
necessary, all public or private utility lines and equipment;
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Resolution No. 93-181
Page 3
(c) Insofar as the Municipality may lawfully do so, grant such waivers of the building code
of the Municipality as its Council deems appropriate under the circumstances and area
reasonable and necessary to promote economy and effiCiency in tha developmant and
administration of such Complex; and make such changes in any zoning of the site and
surrounding territory of such Complex as its Council deems appropriate under the
circumstances and are reasonable and necessary for the development and protection
thareof;
(d)
Accept grants of easements necessary for the development of such Complex; and
(e)
Cooperata with the Commission by such other lawful action or ways as the
Municipality and Commission may find.necessary in connection with tha development
and administration of such Complex.
Section 4. In respact to any Complex, the Municipality further agrees that within a reasonable
time after raceipt of a written request therefor from the Commission:
(a) It will accept the dedication of all interior streets, roads, alleys, and adjacent sidewalks
within the area of such Complex after the Commission, out of Complex development
funds, has completed the grading, improvament, and paving thereof in accordance with
specifications accaptab/e tQ the Municipality; and
(b) It will accept nacessary dedications of land for, and will grade, improve, pave, and
provide sidewalks for, all streets bounding such Complex or necessary to provide
adaquate access thereto (in consideration whereof the Commission shall pay to tha
Municipality as Complex davelopment costs such amount as would be assessed
against tha Complex site for work if it were privately owned); and
(c) It will provide, or cause to be provided, water mains. and storm and sanitary sewer
mains, leading to such Complax and serving tha bounding streets thereof (in consider-
ation wheraof tha Commission shall pay to the Municipality as Complex development
costs such amount as would be assessed against the Complex site if it were privataly
owned).
Section 5. If the Municipality shall, within a reasonable time after written notice from the
Commission, fail or refuse to furnish or causa to be furnished any of the sarvicas or facilities
which i~ is obligated hereundar to furnish or causa to be furnished to the Commission or to
any Complex, then the Commission upon obtaining such services or facilities elsewhere shall
deduct the cost therefor from any Payments in Liau of Taxes due or to become due to the
Municipality in respect to any Complex or any other low rent hOUSing Projects assistad or
owned by HUD.
Section 6. The Municipality agrees that so long as any contract between the Municipality,
acting by and through the Commission, and HUD for loans (including preliminary loans) or
annual contributions, or both, with raspect to any Complex shall remain in force arid effect,
, or so long as any bonds issued In connection with such Complex shall remain outstanding,
this resolution shall be regardad as a contract and shall not be abrogatad, changed, or
modified without the consent of HUD. The privilagas and obligations of tha MuniCipality
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Resolution No. 93-181
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heraunder shall remain in full forca and effect with respect to each Complex so long as the
beneficial titla to such 90mplex is held by the Municipality or some othar public bOdy or
governmental agency, including HUD, authorized by law to engage In the development or
administration of low rant housing Projects. If at any time the benaficial titla to, or possassion
of, any Complex is hald by such other public bOdy or governmantal agency, including HUD,
tha provisions hereof shall Inure to the banefit of and may be enforced by, such other public
body or governmental agency, including HUD.
Section 7. No Cooperation Resolution heretofora anterad into between the Municipality and
the Commission shall ba construed to apply to any Complex covered by this rasolution.
Section 8. In the event any provision haraof is held invalid, tha ramaindar shall not be
affacted theraby, it being the Intent of this rasolution to cooperata in the developmant and
administration of the Complex or Complexes to the fullast axtant permitted by law.
It was moved by Horowitz and secondad by , Novi ok
adopted, and upon roll call there were:
the Resolution bd
AYES: NAYS: ABSENT:
-L- Ambrisco
-L. Courtney
--L.. Horowitz
....L Kubby
- X McDonald
x Novick
-X- Pigott
Passed and approvad this 19th day of ,1993.
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RESOLUTION NO. 93-182
RESOLUTION AUTHORIZING APPLICATIONS FOR 25 UNITS OF SECTION 8
CERTIFICATES AND 25 UNITS OF SECTION VOUCHERS.
. WHEREAS, the City Council of the City of Iowa City runctlons as the Iowa City Housing Authority
and the Department of Housing and Urban Development has published a Notice of Fund
Availability for Certificates and Vouchers; and
WHEREAS, the City of Iowa City presently has an Annual Contributions Contract with the
Department of Housing and Urban Development to administer a Certificate, Voucher, and Public
Housing Program and wishes to provide assistance to participants in housing assistance
programs to become economlcatly Independent; and
WHEREAS, the application Is conslslent with the CHAS.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
1. That the Mayor and City Clerk are hereby authorized and directed to respectively sign and
attest said applications to the Department of Housing and Urban Development for
additional units.
2. That the City Clerk Is hereby authorized and directed to certify appropriate copies of this
resolution together with any necessary certifications as may be required by the
Department of Housing and Urban Devalopment.
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It was moved by Horowitz and seconded by Novick the Resolution ba I
adoptad, and upon roll call1here were:
AYES: NAYS: ABSENT:
x Ambrisco
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x Courtney
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x Horowitz
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" - Kubby
, x McDonald
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, x Novick
I x Pigott
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Passed and approved this 1 Pt', day of July .1993.
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ATTEST: ~A.I~...,.) ~ ~
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RESOLUTION NO. 93-183
RESOLUTION OF COMPLIANCE WITH SECTION 403A.5, CODE OF IOWA, IN
CONJUNCTION WITH APPLICATIONS FOR SECTION 8 UNITS.
WHEREAS, the City of Iowa City is making application for funding of additional rent assistance
under the Section 8 Existing Housing Program through the Departmant of Housing and Urban
Devalopment; and
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WHEREAS, Section 403A.5, Iowa Code, provides:
"A municipality or a 'Municipal Housing Agency' may not proceed with a
housing project until a study or a report and recommendation on housing
available within the community is made public by the municipality or agency
and is Included in its recommendations for a housing project. Racommenda.
tions must receive majority approval from the local governing body before
proceeding on the housing project."; and
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WHEREAS, Section 213(c) of the Housing and Community Devalopment Act of 1974 statas,
in part, that the City Council must determine whether there is a need for such housing
assistanca, taking into consideration any applicable State or area.wide housing assistance plan
as wall as generally available data with respect to population, poverty, housing overcrowding,
housing vacancies and substandard housing. An application may be approved only if the City
Council's detarmination is affirmative; and
WHEREAS, the application is consistent with the previously approved CHAS.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF IOWA CITY, IOWA
determines there is a nead for such additional assistance; is aware of tho project and the
study or report on available housing that is required by said statue; majority approval of tho
proposed project within its jurisdiction is hereby granted.
This resolution shall serva as tha City of Iowa City final notice to the Department of Housing
& Urban Development of such approval. No additional comment shall be provided by the City
of Iowa City.
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It was movad by Horowitz and secondad by
be adopted, and upon roll call there were:
Novick that the Resolution
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AYES: NAYS: ABSENT:
X Ambrisco
-X- Courtney
....L Horowitz
....L Kubby
X McDonald
--x- Novick
....lL- Pigott
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Resolution No. 93-183
Page 2
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Passed and approvad this 19th day of
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CITY CLERK
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Julv
,1993.
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Approved by
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