85-3782 Low-Rent HousingD
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RESOLUTION NUMBER 85-3782
A RESOLUTION PROVIDING FOR COOPERATION IN DEVELOPMENT
AND OPERATION OF LOW -RENT HOUSING PROJECTS.
Kansas:
BE 1T RESOLVED by .the Governing Body of the City of Salina,
Section 1. Whenever used in this Resolution:
(a) The term "Municipality" and the term "Local Authority"
shall mean respectively, the City of Salina, Kansas, and
the Housing Authority of the City of Salina, Kansas.
(b) The term "Project" shall mean any low -rent housing
hereafter developed as an entity by the Municipality
acting by and through the Local Authority with
financial assistance of the UNITED STATES OF
AMERICA (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
Ag reement.
(c) 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.
(d) 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 income of
such Project) , less the cost to the Local Authority of
all dwelling and nondwelling utilities.
(e) The term "Slum" shall mean any area where dwellings
predominate which, by reason of dilapidation,
overcrowding, faulty arrangement of design, lack of
ventilation, light or sanitation facilities, or any
combination of these factors, are detrimental to safety,
health, or morals.
Section 2. The Municipality acting through the Local Authority shall
endeavor TaT). to secure a contract or contracts with the Government for loans
and annual contributions covering one or more Projects comprising approximately
100 units of low -rent housing for Elderly and/or Handicapped occupants and (b)
to develop and administer such Project or Projects, each of which shall be
located within the corporate limits of the Municipality. It is hereby determined
that all of said low -rent housing units are necessary to house eligible low income
families under .the Kansas Municipal Housing Law. The provisions of this
Resolution shall 'apply to each such Project.
. Section 3.
(a) Under the Constitution and Statutes of the State of
Kansas, all Projects are exempt from all real and
personal property taxes and special assessments levied
or imposed by any Taxing Body. With respect to any
Project, so long as either (1) each Project is owned by
a public body or governmental agency and is used for
low -rent housing purposes, or (2) any contract between
the Municipality of the Local Agency and the
Government for loans or annual contributions, or both,
in connection with such Project remains in force and
effect, or (3) any bonds issued in connection with such
Project or monies due to the Government in connection
with such Project remain unpaid, whichever period is
the .longest, the Municipality agrees that it will not levy
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or impose any real or personal property taxes or special
assessments 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") in lieu of such
taxes and special assessments and in payment for the
public services and facilities furnished from time to time
without other cost or charge for or with respect to
such Project.
(b) Each such annual Payment in Lieu of .Taxes shall be
made after the end of the fiscal year established for
such Project, and shall be in an amount equal to either
(1) ten percent (10%) of the aggregate Shelter Rent
actually collected but in no event to exceed ten percent
(10%) of the Shelter Rent charged by the Local
Authority in respect to such Project during such fiscal
year, or (2) the amount permitted to be paid by
applicable State Law in effect on the date such payment
is made, whichever amount is lower.
(c) The Municipality shall distribute the Payments in Lieu
of Taxes among the Taxing Bodies in the proportion
which the real property taxes which would have been
paid to each Taxing Body for such year if the Project
were not exempt from taxation bears to the total real
property taxes which would have been paid to all of the
Taxing Bodies for such year if the Project were not
exempt from taxation; Provided, however, that no
payment for any year shall be made to any Taxing Body
in excess of the amount of the real property taxes
which would have been paid to such Taxing Body for
such year if the Project were not exempt from taxation.
(d) Upon failure of the Local Authority to make any
Payment in Lieu of Taxes, no lien against any Project
or assets of the Local Authority shall attach, nor shall
any interest or penalties accrue or attach on account
thereof.
Section 4. . The Municipality agrees that, subsequent to the date of
initiation as de ined in the United States Housing Act of 1937, as amended) of
each Project and within five years after the completion thereof, or such further
period as may be approved by the Government, there has been or will be
eliminated (as approved by the Government), by demolition, condemnation,
effective closing, or compulsory repair or improvement, of unsafe or insanitary
dwelling units situated in the locality or metropolitan area in which such Project
is located, substantially equal in number to the number of newly constructed
dwelling units provided by such Project; Provided, that, 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 to the case of (1) any Project developed on the site of a Slum cleared
subsequent to July 15, 1949, and that the dwelling units eliminated by the
clearance of the site of such Project shall not be counted as elimination of any
other Project or any other low -rent housing project, or (2) any Project located
in a rural nonfarm area.
Section 5. During the period commencing with the date of the
acquisition o any part of the site or sites 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 (2) any contract between
Municipality or the Local Authority and the Government for loans or annual
contributions, or both, in connection with such Project remains in force and
effect, or (3) any bonds issued in connection with such Project or any monies
due to the Government 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 Lieu of
Taxes shall:
(a) 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 extent
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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
thereof, and convey without charge to the Local
Authority such interest as the Municipality may have in
such vacated areas, and, insofar as it is lawfully able
to do so without cost or expense to the Local Authority
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;
(c) Insofar as the Municipality may lawfully do so (1)
grant
such deviations from the building code of
the
Municipality as are reasonable and necessary to promote
economy and efficiency in the development
and
administration of such Project, and at the same
time
safeguard health and safety, and (2) make
such
changes in any zoning of the site and surrounding
(in
territory of such Project as are reasonable
and
necessary for the development and protection of
such
Project and the surrounding territory;
amount as would
(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 with the
development and administration of such Project.
Section 6. In respect to any Project the Municipality further agrees
that within a reasonable time after receipt of a written request therefor from the
Local Authority:
(a) It will accept the dedication of all interior streets,
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 the specifications acceptable to the
Municipality;
(b) It will accept necessary
dedications of land for, and will
grade, improve,
pave,
and
provide sidewalks for, all
streets bounding
such
Project
or necessary to provide
adequate access
thereto
(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; 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 (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) .
Section 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 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 Authority.
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Section 8. No Cooperation Resolution heretofore passed by the
Municipality shaTF be construed to apply to any Project covered by this
Resolution.
Section 9. So long as any contract between the Municipality and the
Government for moans (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
Government in connection with any Project remain unpaid, this Resolution shall
not be repealed, modified or amended without the consent of the Government.
The privileges and obligations of the Municipality hereunder shall remain in full
force and effect with respect to each Project as long as the beneficial title to
such Project is held by the Municipality, the Local Authority or by the
Government, or by any other public body or governmental agency 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 Project is held by the
Government, other public body or governmental agency, the provisions hereof
shall inure to the benefit of any may be enforced by the Government, such other
public body, or governmental agency.
Section 10. That this resolution shall take effect immediately.
Adopted by the Board of Commissioners and signed by the Mayor this
20th day of May, 1985.
[SEAL]
ATTEST:
D. L. Harrison, City Clerk
G Merle o e ayor