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Home My WebLink About33052 / 84-11October 4, 1984 # 11 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: AUTHORIZE EXECUTION OF A COOPERATION AGREEMENT BETWEEN OSAKOSH HOUSING AUTHORITY AND CITY INITIATED BY: OSHKOSH HOUSING AUTHORITY WHEREAS, the Oshkosh Housing Authority proposes to acquire and administer a low-rent public housing project to consist of 187 dwelling units listed on Exhibit A attached hereto; and WHEREAS, the City of Oshkosh desires to enter into a Cooperation Agreement with the Oshkosh Housing Authority in connection with such project. NOW, THEREFORE, BE IT RESOLVED: 1. That the City of Oshkosh shall enter into a Cooperation Agreement with the Oshkosh Housing Authority in substantially the attached form. 2. That the proper City officials are hereby authorized and directed to execute said Cooperation Agreement, in quadruplicate, in behalf of said City of Oshkosh and the City Clerk is hereby author- ized and directed to affix the corporate seal of said City of Oshkosh thereon and to attest the same. 3. That this Resolution shall take effect immediately. SUBMITTED BY ...� p - 12 - . 30 FAMILY UNITS — MADSEN ADDRESS 3-Bedroom Duplex 1735 Grove Stree[ 1737 Grove S[reet 1423 Witzel Avenue 1425 Witzel Avenue 1429 Witzel Avenue 1431 Witzel Avenue 1953 Oregon Stree[ 1955 Oregon Street 1918 liisconain Avenue 1920 Wisconsin Avenue 1134 Eastman Street 1136 Eastman Stree[ 4-Bedroom Duplex 208 W. 20th Avenue 210 W. 20[h Avenue 915 E. Murdock Avenue 917 E. Murdock Avenue 515 Viola Avenue 517 Viola Avenue 4-Bedroom Single 2329 Comet Street 2335 Cooet Street 1420 Oak S[reet 952 Pierce Street 1922 Sheridan Street 1920 Wileon Avenue 5-Bedroom Single 1016 N, Lark Stree[ 1022 N. Lark Stree[ 1026 N. Lark Street 1608 Nileon Avenue 1711 liilson Avenue 1717 Wilson Avenue `156 Units ELderly and 1- 2 Bedroom Unit Court Tower 100 Court Street - 12a - RESOLUTION # ll EXHIBIT A �,,:: :.:_---,---j Revised HUD 52481 3anuary, 1979 Page 1 COOPERATION AGREEMENT RESOLUTION # 11 This Cooperation Agreement is entered into this day of 19 , by and between the Oshkosh Housing Authoiity ("the Local Authority") and City of Os�kosh ("the Municipality"). The parties agree to the following terms and conditions: I. TERMS A. 'Project" is WI39-P113-005, Court 1'ower and 30 Family Units, acquired by the Local Authority wiLh Federal Yunds from the Department of Housing and Urban Development ("The Government"). This term does not include any low-rent housing project covered by any loan and annual contributions contract entered into between the Local Authority and [he Government, or its predecessor agencies, prior to the date of this Agreement. 8. "Taxing 6ody" means the state or any political subdivision or tax- ing unSt that would have the auttiority to: 1. Assess or levy real or personal property taxes against the �:.roject or 2. Certify to a taxing body or public officer that such taxes are to be levied for its use or benefit, if the project were not exempt from taxation. C. "Shelter Rent" means the difference between the total rental charges and Utility costs of dwelling and non-dwelling space in the project. This surti does not include project income from any source other than rental charges. D. "Slum" means any area predomi.nated by dwellings, that are detrimen- tal to health and safety, because of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light or sanitation facilities, or any combination of these factors. E. "Municipality' means any �olitical subdivision, even though in some case, it may be a county or other body. II. CONDITIONS A. EXEMPTION FROM TAXATION 1. Under the constitution and statutes of the State of Wisconsin, all projects are exempt from all real or personal property taxes and special assessmer.ts levied or imposed by any taxing body. 2. The Municipality agrees that it will not levy or impose any real or personal property taxes, or special assessments, upon any project or upon the Local Authority, with respect to any project, so long as any of the following conditions exist: (a) A public body or governmental agency owns any project that is used for low-rent housing purposes, or (b) any binding loan or annual contributions contract that involves any project and was executed by the Local Authority and the Government, or (c) any �npaid bond iss�es or other debts that are connected with any project and are due the Government. H. PAYMENT IN LIEU OF TAXES (PILOT) 1. The Local Authority agrees to make an annual payment in lieu of taxes in exchange for the public services and facilities, furnished by the Municipality without cost or charge to the project, during the time period i.n which any of the condi- tions in 9ection 2 of Provision II.:,. exist. - 12b - Revised HUD 52481 January, 1979 Page 2 RESOLUTION � 11 2. The followi-ng payment plan has been agreed to by the Local Authority and the Municipality: (a) Each annual PILOT will be made after the project's fiscal year has ended. (b) The amount paya6le will be based on the lower of the fol- owing sums: (1) Ten percent (10�) of the shelter rent the Local Auth- ority charged project tenants during such fiscal year, or (2) The amount statutorily permissible under Wisconsin law. as of the date the PILOT is made. C. PILOT LIMITATION No payment for any year shall be made to the Municipality in excess of the amount of real property which would have been paid to the Municipality for such year, if the project were not exempt from taxation. D. OBLIGATIONS OF THE LOCAL AUTHORITY 1. The Local Authority shall endeavor: (a) to secure loan and annual contributions contracts cover- ing one or more projects comprising approximately 150 units or low-rent housing, and (b) to develop or acquire and administer such project(s), located within the corporate limits of the MunicipalitY. 2. The Local Authority, at its own expense, agrees to grade, im- prove, pave and install all interior streets, roads, alleys, and adjacent sidewalks, together with all storm and sa�itary sewer mains, withinthe area of the project, according to the specifications acceptable to the Municipality. 3. The Local Authority agrees to pay the Municipality the amount, that would be assessed against the project site for the fol- owing work, if s�ch site were privately owned: (a) grading, improving, paving and providing sidewalks for all streets bounding or necessary to provide adequate access to the project, and (b) directly or indirectly providing water, storm and sani- tary mains leading to or serving the streets on the boundary of the project. E. OBLIGATIONS OF THE MUNICIPALITY 1. In respect to any projects, the Municipality agrees that within a reasonable time after receipt of a written request irom the Local Authority: (a) to grade, improve, pave and provide sidewalks for all streets bounding or necessary to provide adequate access to the project, and (b) to directly or indirectly provide water, storm, and sani- tary mains leading to or serving the streets on the bound- ary of the project, and (c) to accept the dedication of the following: (1) all interior streets, roads, alleys, as well as, all storm and sanitary sewer mains within the project area, and (2) all� sidewalks adjacent to, bounding or ❑ecessary to provide adequate access to the project. — 12c — Revised HUD 52481 January, 1979 Page 3 F 2. The Municipality without cost or the tenants of such project of Taxes) shall: RESOLUTION # 11 or charge to the Local Authority (other than the payments in Lieu (a) furnish or cause to be furnished to the Local Authority and the tenants of such project public services and iaci- lities oi the same character and to the same extent as are furr.ished from time to time without cost or charge to other dwelling and inhabitants in the Municipality; (b) where ❑ecessary for the purpose of project development, vacate streets, roads and alleys within the area of such project and convey any interest, that the Municipality may have in these vacated areas to the Local Authority; (c) where necessary for the purpose of project development, remove or cause to be removed all public or private uti- lity lines and equipment, when such removal ca❑ be accom- plished without cost or expense to the Municipality; (d) grant such deviations from the municipal building code, as are necessary and reasonable to promote economy and efficiency in the developma_�t and administratio❑ of the project and concurrently safeguards the health of the public; (e) change the zoning of the site and surrounding territory of such projects when reasonable and necessary for the purposes of its development and protection; (f) accept grants of easements ❑ecessary for the development of such project; and (g) cooperate with the Local Authority by such other lawful actio❑ of ways as the Municipality and the Local Authority may find necessary in connection with the development and administration of such project. 3. The Municipality shall provide the services above during the period commencing with the date of the acquisition of any part of the site of any project and continuing so long as: (a) either such project is owned by a public body or govern- mental agency and is used for low-rent purposes, or (b) any contract between the Local Authority and the Govern- ment for loans or annual contributions, or both, in con- nection with such project remains in force and effect, or (c) any bonds issued in connection with such project or any monies due to the Government in connection with such pro- ject remai❑ unpaid. BREACH OF AGREEMENT 1. If the Municipality breaches its agreement to furnish the public services or facilities delineated in provision E of this agreement, the Local Authority may take action that will cause said services or facilities to be provided. 2. Any expense, �ncurred by the Local Authority i❑ such action may be deducted irom any current or future payments in lieu of taxes due the Municipality in respect to any project covered by this Cooperation agreement or any other low-rent housing projects owned or operated by the Local Authority. G. INTEREST OF MEMBERS No member of the governing body of the Municipality or any other public official of the Municipality who exercises any responsibilities or iunctions with respect to any Project during his tenure or for one year thereafter shall have any interest, direct or indirect, in any Project, or any property - 12d - _ ..�..�r Revised HUD 52481 January, 1979 Page 4 RESOLUTION # 11 included or planned to be included in any Project, or any contracts in connectio❑ with such Projects or property. If any such governing body member or such other public official of the Municipality involuntarily ac- quires or had acquired prior to the beginni�g oi his tenure any such inter- est, he shall immediately disclose such interest to the Local Authority. H. DURATION The privileges and obligations of the Municipality sha11 remain in full force and effect with respect to each project, so long as, beneficial title to such project is held by the Local Authority, or by any other pub- lic body or governmental agency legally authorized to engage in the develop- ment or administration of low-income housing projects. I. ALTERATION OR TERMINATION 1. The existence of either of the following conditio�s prohibits the alteration or termination of this Agreement without the prior consent of the Gover�ment: (a) Any bindir,g loan oc annual contributions contract that involves any project, and was executed by the Local Authority and the Government, or (b) Any unpaid bond issues or other debts that are connected with any project, and are due the Government. 2. No Cooperation Agreement previously entered into betwee❑ the Municipality and the Local Authority shall be construed to apply to any project covered by this Agreement. The Municipality and Local Authority have respectively signed this Agreement and caused their seals to be affixed and at'._ested as of . (SEAL) Attest: (SEAL) Attest: City of Oshkosh (Corporate Name of Municipality) By Oshkosh Housing Authority (COrporate Name of Local Authority) � - 12e - John M. 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