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HomeMy WebLinkAbout2.1 Agreement Dublin Housing Authority CITY OF DUBLIN �POO-30 GENDA STATEMENT CITY COUNCIL MEETING DATE: September 22, 1986 SUBJECT PUBLIC HEARING Considering the adoption of a Cooperation Agreement between the City of Dublin and the Dublin Housing Authority EXHIBITS ATTACHED Resolution; Cooperation Agreement RECOMMENDATION Open public hearing; receive staff presentation; take public testimony; close public hearing; adopt resolution approving and authorizing the execution of the cooperation agreement. FINANCIAL STATEMENT: None DESCRIPTION At its meeting of August 25, 1986, the Dublin Housing Authority and the City of Dublin authorized the publication of a notice advertising a joint public hearing for the purpose of considering a cooperation agreement between the City and the Dublin Housing Authority with respect to the Arroyo Vista Project. The Department of Housing and Urban Development requires the execution of a Cooperationi Agreement between the City - of Dublin and the Dublin Housing Authority as part of HUD' s approval of the transfer of Arroyo Vista from the Pleasanton Housing Authority to the Dublin Housing Authority. The Cooperation Agreement provides the City will cooperate with the Authority by providing or making available public services and facilities to the project and its residents and in consideration thereof, the Authority will make payments in lieu of taxes to the City. Joyce Hiyama Glatt, Legal Counsel to the Dublin Housing Authority has prepared the attached Resolution and Cooperation Agreement required by the Department of Housing and Urban Development. It is recommended that the City Council adopt the attached resolution approving the Cooperation Agreement and authorizing the execution of said agreement. =--------------------------------------------------------------------------- COPIES TO: Pleasanton Housing Authority ITEM NO. w RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AND AUTHORIZING THE EXECUTION OF A COOPERATION AGREEMENT BETWEEN _ THE CITY OF DUBLIN AND THE DUBLIN HOUSING AUTHORITY WHEREAS, the ownership of that certain low-income housing project commonly known as Arroyo Vista Project (HUD Project No. CA142001) located in the City of Dublin will be transferred from the Housing Authority of the City of Pleasanton to the' Dublin Housing Authority; and WHEREAS, as a condition to the Department of Housing and Urban Development's ("HUD") approval of the 'transfer of the project, HUD requires that a Cooperation Agreement be entered into by and between the City of Dublin and the Dublin Housing Authority; and WHEREAS, the Dublin Housing Authority has requested that this` City` Council enter into a Cooperation Agreement to perform various actions in connection with the project to be owned and operated by the Dublin Housing Authority; and WHEREAS, this City Council caused a notice to be published pursuant to Section 6066 of the Government Code concerning the Cooperation Agreement; and WHEREAS, a public hearing has been duly held and the opportunity was given for persons to present oral and written testimony regarding the Agreement; and WHEREAS, the City Council has duly considered any and all testimony presented at, the hearing concerning the matter; NOW, THEREFORE, BE IT RESOLVED that-, this. City Council does hereby approve the Cooperation Agreement by and between the City of Dublin and the Dublin Housing Authority, concerning that low-income housing project commonly known as Arroyo Vista, located in Dublin, California and identified as HUD Project No.. CA142001; and BE IT FURTHER RESOLVED that the Mayor of the City of Dublin is hereby authorized and directed to execute - on behalf of the City of Dublin that certain Cooperation Agreement with the Dublin Housing Authority upon receipt of executed copies thereof from the Dublin Housing Authority; and BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to deliver fully-executed copies of the Cooperation Agreement to the Dublin Housing Authority and the Department of Housing and Urban Development upon the transfer of the project to the Dublin Housing Authority; and BE IT FURTHER RESOLVED that this Resolution shall be effective immediately. PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin on this day of September, 1986 by- the following votes: AYES : NOES : ABSENT: MAYOR ATTEST: City Clerk r .. t 1 COOPERATION AGREEMENT This Agreement entered into this day of 1986, by and between the DUBLIN HOUSING AUTHORITY (herein called the "Local Authority" or "LHA") , a Public Housing Agency or PHA as defined in the U.S. Housing Act of 1937, as amended, and the CITY OF DUBLIN (herein called the "Municipality") , WITNESSETH: In consideration of the mutual covenants hereinafter set forth, the parties hereto do agree as follows: 1. Whenever used in this Agreement: (a) The term "Project" shall mean any low-income housing hereafter developed or acquired by the Local Authority with financial assistance of the United States of America acting through the Secretary of Housing and Urban Development (herein called the "Government") ; excl.uding, however, but subject to the following sentence, any low-income 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 Agree- ment. The term Project shall include the low-income housing project commonly known as Arroyo Vista, HUD No. CA142001, currently covered by a contract for Loans and annual contributions between the Housing Authority of the City of Pleasanton and the Government, which contracts for loans and annual contribu- tions have been or will be transferred by or assigned by the Housing Authority of the City of Pleasanton to the Local Authority. (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. Further, the term "Project" means "a low .rent housing project", as that term is used iii Article XXXIV of the Constitution of the State of California. (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 income of such Project) , less the cost to the Local Authority of all dwelling and nondwelling utilities. 2. The Local Authority shall endeavor (a) to secure the Government's approval of the assignment, transfer and the execution of a contract or contracts with the Government for loans and annual contributions covering one or more Projects comprising approximately One Hundred and Fifty (150) units of low-income housing, and (b) to develop or acquire 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 Project. 3. (a) Under the Constitution and statutes of the State of California 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 (i ) such Project is owned by a public body or governmental agency and is used for low-income housing purposes, or (ii) any contract between the Local Authority and the Government 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 remain unpaid, whichever period is the longest, the Municipality agrees that it will not levy 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 costs 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 (i) ten percent of the Shelter Rent actually collected but in no event to exceed ten percent of the Shelter Rent charged by the Local Authority in respect to such Project during such fiscal year, or (ii) the amount permitted .. . ,-. .... � -•.•- ..Ry^2. +•- �` ^s-h^y�red �� t;^--r-'r�.. -a _;�' _ _ _ to be paid by applicable State law in effect on the date such payment is made, whichever amount is the lower. (c) The Municipality may distribute the Payments in Lieu of Taxes among the Taxing Bodies in any reasonable manner as may be agreed* upon by the Munincipality and each Taxing Body; 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. 4. 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-income housing purposes, or (ii) any contract between the Local Authority and the Government 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 Government in connection with such Project remain unpaid, whichever period is the .longest, the Muni- cipality 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 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, in so far 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, 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 necessary to promote economy and efficiency in the development and administra- tion of such Project, and at the same time safeguard health and safety, and (ii ) make such changes in any zoning of the site and surrounding territory of such Project as are reasonable and necessary for the development and protection of such Project and the surrounding 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 connec- tion with the development and administration of such Project. 5. In respect to any Project the Municipality further agrees that within a reasonable time after receipt of a written request therefore 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, w and installation thereof in accordance with 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 storms 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) . ,...,,..... �< N. :-P 3 n • 6. 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 h"ereunder 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 mto 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-income housing Projects owned or operated by the Local Authority. - 7. No Cooperation Agreement heretofore entered into between the Muni- cipality and the Local Authority shall be construed to apply to any Project covered by this Agreement. 8. No member of the governing body of the Municipality or any other public official of the Municipality who exercises any responsibilities or functions with respect to any Project during his tenure or for one year there- after shall have any interest, direct or indirect, in any Project or any prop- erty included or planned to be included in any Project, or any contracts in connection with, such- Projects or property. If any such governing body member or such other public official of the Municipality involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, he shall immediately disclose such interest to the Local Authority. 9. So long as any contract between the Local Authority and the Government 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 remain unpaid, this Agreement shall not be abrogated, changed, or modified 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 so long as the beneficial title to such Project is held by the Local Authority or by any other public body or governmental agency, including the Government, authorized by law to engage in the development or administration of low-income housing Projects. If at any time the beneficial title to, or possession of, any Project is held by such other public body or governmental agency, including the Government, the provi- sions hereof shall inure to the benefit of, and may be enforced by, such other public body or governmental agency, including the Government. IN WITNESS WHEREOF, the Municipality and the Local Authority have respect- fully signed this Agreement and caused their seals to be affixed and attested as of the day and year first above written. CITY OF DUBLIN (Seal ) By: Peter W. Snyder Attest: Mayor Richard C. Ambrose City Clerk DUBLIN HOUSING AUTHORITY By: .,� (Seal ) Peter W. Snyder Chairperson Attest: Richard C. Ambrose Secretary pro tem +.-,.-,.