Loading...
HomeMy WebLinkAbout1995-07-27 ResolutionRESOLUTION NO. 95-211 RESOLUTION APPROVING APPLICATION FOR PUBLIC HOUSING REPLACE- ~ENT UNITS FOR DISPOSITION. WHEREAS, it is the policy of the City of Iowa City, Iowa, acting as the Iowa City Housing Authority, 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 decent home in a suitable 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 the Secretary of Housing and Urban Development (herein called the "Government"), is authorized to provide financial assistance to local public housing agencies for undertaking and carrying out preliminary planning of low-rent housing projects that 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 needs not being adequately met by private enterprise and that the Government shall not make any contract with a public housing agency for preliminary loans (through the use of a front-end ACC) for surveys and planning in respect to any low-rent housing project unless the governing body of the locality involved has by resolution approved the application of the public housing agency for such preliminary loan (through the use of a front-end ACC); and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF iOWA CITY, IOWA, as follows: That there exists in the City of Iowa City a need for such low-rent housing which is not being met by private enterprise; 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. Passed and approved this 27th day of July , 1995. YOR ~torney'; ficOf~t'l-/j>- hisasst\replunit,res Resolution No. 95-211 Page 2 It was moved by Thro~morLon and seconded by .. adopted, and upon rol~ call there were: P~pnt~ the Resolution be · AYES: NAYS: ABSENT: ABSTAIN: Baker . Horowitz Kubby Lehman x Novick Pigott _ Throgmorton X U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PUBLIC HOUSING PROGRAM PHA RESOLUTION IN SUPPORT OF PUBLIC HOUSING PROJECT RESOLUTION NO. 95-212 WHEREAS, the United States Housing Act of 1937 provides that there shall be local determination of the need for public housing to meet needs not being adequately met by private 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; and WHEREAS, the City of Iowa City, in its capacity as the Iowa City Housing Authority (herein called the "PHA"), is a public housing agency. 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: Determination of Need. The PHA hereby determines that within its area of operation there is a need for low-income housing to meet needs not being adequately met by private enterprise. Aol~lication and/or Proposal for Housina Assistance. The Mayor of the City of Iowa City is hereby authorized to have prepared one or more applications and/or proposals for public housing assistance for development of eighteen {181 dwelling units; to sign said applications and/or proposals on behalf of the PHA and to submit them to HUD, said dwelling units to be provided by acquisition and not by new construction or rehabilitation. Annual Contributions Contract (ACC). When an ACC is forwarded by HUD to the PHA for execution by the PHA, the Mayor is hereby authorized to execute such ACC on behalf of the PHA; and the City Clerk is hereby authorized to impress and attest the official PHA seal on each ACC counterpart and submit to HUD executed counterparts and related documents as required by HUD. General Deoositary Aqreement. The Mayor is hereby authorized to execute on behalf of the PHA a General Depositary Agreement(s) and/or Savings Depositary Agreement(s) each in the form approved by HUD; and the City Clerk is hereby authorized to impress and attest the official PHA seal on each counterpart and submit to HUD executed counterparts and related documents as required by HUD. Fundin~ for Project Development Cost. 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 hereby authorizes the issuance of obligations in its name at such times, in such amounts, and on such terms and conditions as HUD may direct or approve in accordance with the ACC. 2 The Mayor is hereby authorized to prepare and execute such PHA obligations; and the City Clerk is hereby authorized to impress and attest the official PHA seal, deliver the obligations to HUD or such other lenders as HUD may direct, and accept payment therefor or cause payment to be made as directed or approved by HUD in accordance with the ACC. (C) Each such PHA obligation shall be secured in such manner as may be provided and/or required by HUD in accordance with the ACC. All proceeds from such PHA obligations shall be deposited and used only as approved by HUD in accordance with the ACC. HUD Requlations. In connection with the development and operation of any program or activity receiving Federal financial assistance under the United States Housing Act of 1937, the PHA will comply with all requirements under the applicable regulations of the Department of Housing and Urban Development, 24 CFR 841 or 24 CFR 805, as appropriate, and all HUD regulations relating to the operation of public housing projects, Meaninq of Terms. All terms used in this Resolution which are defined in the ACC shall have the meanings given to them in the ACC. 8, Effective Date. This Resolution shall take effect immediately. Passed and approved this 271:h day of .T,ly ,1995. ATTEST: C _2 it was moved by Throgmorton and seconded by adopted, and upon roll call there were: Pigott AYES: NAYS: ABSENT: X X hisasst~phahsg,res X the Resolution be ABSTAIN: Baker Horowitz Kubby x Lehman Novick Pigott Throgmorton RESOLUTION NO. 95-213 RESOLUTION OF COOPERATION WHEREAS, the City of iowa City, Iowa (hereinafter called the "Municipality"), acting by and through the Low Rent Housing Agency of the City of Iowa City, Iowa (hereinafter called the "Public Housing Authority"), has requested from the United States of America, Housing and Urban Development (hereinafter called "HUD"), a Program Reservation for eighteen (18) units of low rent housing to be developed and located within the corporate limits of the Municipality and may hereafter apply for additional Program Reservations; and WHEREAS, the Municipality, acting by and through the Public Housing Authority, shall endeavor to secure one or more contracts with HUD 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 amended (hereinafter called the "Act"); and WHEREAS, all such low rent housing projects are for a public purpose and exempt from all real and personal property taxes under the statutes of the State of Iowa; and WHEREAS, the Municipality desires to assist and cooperate in such undertakings and to comply with the provisions of Sections lO{a), lO(h), and 15(7)(b) of the Act, as well as all other applicable 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) (b) (c) The term "Complex" shall mean any low rent housing hereafter developed as one operation by the Public Housing Authority with financial assistance of HUO and included within any Program Reservations issued to the Municipality, acting by and through the Public Housing Authority, by HUD which in the aggregate may not exceed ten (10) units of low rent housing. AComplex will generally be located on a single site but may be on scattered sites. The term "Taxing Body" shall meanthe State or any political subdivision or taxing unit thereof (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 taxes 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. The term "Shelter 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), less the cost of all dwelling and non-dwelling utilities. {d) The term "Slum" means any area where dwellings predominate which, by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light or sanitation facilities, or any combination of these factors, are detrimental to safety, health or morals. Resolution No. 95-213 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 Public Housing Authority, 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 Complex shall remain outstanding, whichever period is the longest, the Municipality will not levy or impose any real or personal property taxes upon such Complex or upon the Public Housing Authority with respect thereto. During such period, the Public Housing Authority 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 made after the end of the fiscal year established for such Complex and shall be in an amount equal to either (a) ten percent (10%) of the aggregate Shelter Rent charged by the Public Housing Authority in respect to such Complex during such fiscal year, or (b) the amount permitted to be paid by applicable state law in effect on the effective date of this resolution, whichever amount is the lower; provided, however, that upon failure of the Public Housing Authority to make any such Payment in Lieu of Taxes, no lien against any Complex or assets of the Public Housing Authority shall attach. The Municipality shall distribute the Payments in Lieu of Taxes among the Taxing Bodies in accordance with applicable state law; provided, however, that no payment for any year shall be made to any Taxing Body (including the Municipality) in excess of the amount of the real property taxes which would have been paid to such Taxing Body for such year if the Complex were not exempt from taxation. Section 3. During the period commencing with the date of the acquisition of any part of the site or sites of any Complex and continuing so long as either (a) such Complex is used for low rent housing purposes, or (b) any contract between the Municipality, acting by and through the Public Housing Authority, 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, whichever period is the longest, the Municipality, without cost or charge to the Public Housing Authority or the tenants of such Complex (other than the Payments in Lieu of Taxes) shall: Furnish or cause to be furnished to the Public Housing Authority and the tenants of such Complex 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 dwellings and inhabitants in the Municipality; (b) Vacate such streets, roads, and alleys within the area of such Complex as may be necessary in the development thereof, and without charge, transfer to the Public Housing Authority jurisdiction of any interest the Municipality may have in such vacated area; and insofar as it is lawfully able to do so without cost or expense to the Public Housing Authority 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; Resolution No. 95-213 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 are reasonable and necessary to promote economy and efficiency in the development 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 thereof; (d) Accept grants of easements necessary for the development of such Complex; and (e) Cooperate with the Public Housing Authority by such other lawful action or ways as the Municipality and Public Housing Authority may find necessary in connection with the development and administration of such Complex. Section 4. In respect to any Complex, the Municipality further agrees that within a reasonable time after receipt of a written request therefor from the Public Housing Authority: It will accept the dedication of all interior streets, roads, alleys, and adjacent sidewalks within the area of such Complex after the Public Housing Authority, out of Complex development funds, has completed the grading, improvement, and paving thereof in accordance with specifications acceptable to the Municipality; and (b) It will accept necessary dedications of land for, and will grade, improve, pave, and provide sidewalks for, all streets bounding such Complex or necessary to provide adequate access thereto (in consideration whereof the Public Housing Authority shall pay to the Municipality as Complex development costs such amount as would be assessed against the 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 Complex and serving the bounding streets thereof (in consider- ation whereof the Public Housing Authority shall pay to the Municipality as Complex development costs such amount as would be assessed against the Complex site if it were privately owned). Section 5. If the Municipality shall, within a reasonable time after written notice from the Public Housing Authority, fail or refuse to furnish or cause to be furnished any of the services or facilities which it is obligated hereunder to furnish or cause to be furnished to the Public Housing Authority or to any Complex, then the Public Housing Authority upon obtaining such services or facilities elsewhere shall deduct the cost therefor from any Payments in Lieu of Taxes due or to become due to the Municipality in respect to any Complex or any other low rent housing Projects assisted or owned by HUD. Section 6. The Municipality agrees that so long as any contract between the Municipality, acting by and through the Public Housing Authority, and HUD for loans (including preliminary loans) or annual contributions, or both, with respect to any Complex shall remain in force and effect, or so long as any bonds issued in connection with such Complex shall remain outstanding, this resolution shall be regarded as a contract and shall not be abrogated, changed, or modified without the consent of HUDo The privileges and obligations of the Resolution No. 95-213 Page 4 Municipality hereunder shall remain in full force and effect with respect to each Complex so long as the beneficial title to such Complex is held by the Municipality or some other public body or governmental agency, including HUD, authorized by law to engage in the development or administration of low rent housing Projects. If at any time the beneficial title to, or possession of, any Complex is held by such other public body or governmental agency, including HUD, the provisions hereof shall inure to the benefit of and may be enforced by, such other public body or governmental agency, including HUD. Section 7. No Cooperation Resolution heretofore entered into between the Municipality and the Public Housing Authority shall be construed to apply to any Complex covered by this resolution. Section 8. In the event any provision hereof is held invalid, the remainder shall not be affected thereby, it being the intent of this resolution to cooperate in the development and administration of the Complex or Complexes to the fullest extent permitted by law. Passed and approved this 27th day of July , 1995. it was moved by Baker and seconded by adopted, and upon roll call there were: AYES: NAYS: X hisasst\lowrent,res Lehman ABSENT: X the Resolution be ABSTAIN: Baker Horowitz Kubby x Lehman Novick Pigott Throgmorton