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Home My WebLink About30068 / 79-15T,pril 19, 1979 ° ]_ 5 �sourrzav PLTI2POSE: II�PPER Ir7I'O COOPEP,�TION AGRI�:EM��v_` WI'I`:i OSfs"KO�',,H HOrJSIf:G AUl�IORIi'Y INITIA'I'r:J BY: OSHI:OSH HQUS�iG AL'Iii0F2IS1' WIIFF�c,AS, the Oshkosh Housing Authority prcposes to develop and acknL�iist:er a Ho�sir,g Pro_;ect enca�assing a total of 30-40 units of public housing for lc�,� in��me families and handicappecl persons to be locatec] in Os`ilcoah, Wisconsin; and [4IIEREAS, the Oshkosh Housing Authority desires to enter into a Cooperation Agreenx,,nt with the City of Oshkosh in connection with the above mentionecl Project; NCA�T, THE_2F�'ORE, BE IT RESOLVED lay the Carrvn Council of the City of Ostilcosh that the prooer City ofificials are hereby authorized and directE�ci to enter into a Coo�r.�.tion Ayreanesit caith the Oshkosh Housi�g Au`hority in substantially the attachcYl fornl. gr?E,.'.ITTFD BY - 15 - .� - , , Revised HUD 52481 January ,1979 page 1 , � � � COOYEFATION AGREEAtENT This Cooperation Agreement is en[ered into this day of 19 , by and between ("the Local Au[horit}'��) and (°[he Municipality").�— Thz parties agree te the following terms and conditions: I. TERP!S A. Project" mva;is aa}' law-�rer.t 7ousing subseyuen[17 developed or acGuired by the Local Au[hority with Federal funds from [he Departmen[ of Housing and Urban Development ("The Government"). This terr,i does not include any low ren[ housing projec[ covered by any loan and annual conCributions contrac[ entered into between the Local Authori[y and the Government, or its predecessor agencies, prior to the date of this Agreement. S. °Taxing Body" means the state or any political subdivision or tar,ing unit that would have the authority to: 1. Assess or levy real or personal property taxes against the projec[ or 2. Certify to a taxing bod� or public officer that such taxes are to be levied fox its use or benefi[, if the project were no[ exempt from taxation. C. "Shelter Rent" means tfie difierence between the total rental chazges and utility costs of dwelling and non-dwelling space in ihe project. This s wr, does not include project income from any source o[her than rental charges. D. "Sl�r" means any area predoir.inated by da•ellings, [hat are detrimental to health and safeCy, because of dilapidation, overcrowding, faulty arrangement or design, lack of ventila[ion, ligh� or sani[ation facilities, or anv combi- nation of these factors. E. "Dfunicipality" means any political subdivision, even though in some cases it may be a county or other body. II. COhDITI0�5 A. EXE?2PTION FROM TAXATIO\ 1. Under the cons[itution ar�d s[a[u[es of the of _ _,zall projecCs are exemp[ from all rea or persor.al proyertv c.��^ �nd (special assessment�)3 levied or imposed by any taxing bod}•, 2. The Municipality agrees, Chat it will not levy or impose any reaI or personal property taxes (or special essessments)3upon any project or upon [he Local Authority, with respec[ to any projec[, so long as any of tfie following condi[ions exis[: (a) a public body or governmen[al agency owns any projec[, that is used for low-rent housing purposes, or llnsert [he name of the politicnl eubdlvision vith which the corporation agreement is being entered into, such o� "City of Milwaukee, Wisconsin" or "County of Milwaukee" or "S[a[e of Wisconsin". 21nsert the name of the S[ate, indicuting whether it ie a State or Coeuconve al [h . �Otnit the bracketed m.eteriel if lov-rent housing owned by the Local Au[hority ia not es;�pt fro:n opecial nanasamentn. , _ HUD-5?_GB1 revised 1/79 Milw. R. O. He3i�ed HUD 52481 January , 1979 page 2 (b) any Mnding loa�n or annual contribu[ions contract, any project and was executed by [he Local Au[hority Government, or p1 . �`p. i that involves and the (c) any unpaid bond issues or other deb[s, tha[ are connected with any project and are due th�e Governr.ent. B. P�YT�NT IN LIEU OF TA�ES (PILOT) L The Local Authority' agrees to make an annual paynent in lieu of taxes (and special assessmen[s)3in exchange for the public services a:id fac�li�ies, fu�uished b;� _he '1u�icipaliC} �:-thout cu>t o: chargc �o the proje�t, dur�n� the [i;a� period ia �::�ich an}' of the conditions in Section 2 of Provision II. A. exist. 2. Select the al[ernative [hat accurately reflects the arrangement agreed upon by [he Local Authority and the Ptunicipality: AlternaCive A (a) Each annual PILOT will be made after the projec['s fiscal year has ended. (b) The amount payable will be based on the lower of the following sums: (1) Ten percent (10%) of the shelter rent the Locai Authority charged project tenants during such fiscal year,4or (2) The amount sta[utorily permissible under 1aw, as.of [he date the PILOT is cnade. (Sta[e) Alternative B (a) Each annual PILOT shall be made at the time, when non-exec�pt properties are required to pay real property taxes. (b) The amount payable will be based on the lo:.�er of [he fol- louin� sums: (1) Ten percent (10%) of the shelter rent the Locel Authorit}� char�ed project tenants during, each [axing year, beginning the of and ending the (date) (month) of 4or (da[e) (month) (2) The amoun[ s[atutorily permissible under law, as of [he date PILOT is made. C. PILOT LIMI1'ATION (State) 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 [he Municipali[y for such year, if the project were no[ exempt fiom taxation. ( The following provision should not onl}• be included in 3C. when more than one taxing body will be receiving PILOT. If no such tax distribution occurs, or each taxing body has entered into separa[e cooperation agreement with the Local Authorlty, then delete the provision, as it would not appl��. )The Municipality shall distribute the PIIAT among taxing bodies in a nanner, which is pioportionate to the amount of the real property taxes, that would have been paid to each [aair.g body for such year, if the projeci vere not er.empt from taxation. � 30m1t the bracketed material Sf low-ren[ housing ovned by the Local Authority is not exemp[ from special assessmen[s. GOne of the following modifica[ions would be eccep[able in Provision II, B.2 (b) of alterr.a[ives A and S (a) A percentage of lese than 10% of the shelter rent cha:ged or (b) Ten percent (l0Y) af the ahelter ren[ nctunlly collec[ed bu[ not exceedinF ten percent (10�) of the nhel[er ren[ cherged. - ? - $ i� Reviced RUD52481 J3.uary, 1979 page 3 D. OBLIGATIONS OF THE LOCAL AUTHORITY E 1. The Local Authority shall endeavor: A.. d� ; � � ". ? ,� �� A (a) to secure loan and annual con[ribu[ions constrac[s covering 5 one or more projects comprising approximately units or low rent housing and (b) to develop or acquire and administer such projec[(s), locz[ed caithin the corpora[e limits of the Municipality. 2. The Local Authori[y, at its own expense, agrees [o grade , improve, pav� a.^,d install a11 in[erior streets, roads, aileys znd adjacznt sid�wal��s, toge_her wiCh all stcrri and sani"�r, se:aer aains, c�ithin the a:ea of the projec[, accordin� to [he sp�cifications acceptable to Che N.unicipality. 3. The Local Authori[y a�rees to pay Che Municipality the amount, that would be assessed against the project si[e for the following worfi, if such site were privately owned: (a) grading, improving, paving and providing sidewalks for all streets bounding or necessary to provide adequate access to the projec[ and, (b) directly or indirectly providing water, storm and sanitary mair�s leading to or serving the streets on the boundary o. [he project. OBLIG9TIO:�S OF THE AfiInICIYAI.IT"Y 1. in respec[ to any project, the Municipality agrees that within a reasonable time after rece_ipt of a writ[en reques[ from the Local Authori[y: (a) to grade, improve, pave and proeide sidec:alks for all streets boundin� or necessary to provide adequate access [o the projec[ (b) to directly or indirec[1}' provide wa[er, s[orm, and sani[are mains leading to or serving [he stree[s on the boundary of [he project ,an� (c) to acceptthe dedication of the following: (1) all. interior �treets, roads, alleys, as aell as, all s[orm and sat;�.tary sewer mains within the project area, and (2) all sidewalks adjacent [o, bounding or necessary [o provide adequate access to [he project. 2. The Municipality wi[huu[ cost or charge [o the Local Auihoritq or the tenants of such project (other than the payments in Lieu of Tax.es) shall: (a) furnish or cause [o be furnished to the Local Au[hority and the tenants of such proiec[ public services and facilities of [he same charactes and to the sar�e extent as are furnished from time [o [ime withou[ cost or charge [o other dwelling and in- habitants in the Municipality� (b) vhere necessary for the purpose of projec[ development, vacate sireets, zoads and olleys w�Chin the area of such project and convey any in[erest, that the ?;unicipality may have in these vncated areas to the Local Au[hority; SInserr the number of project units of lov-rent housing to vhich this Coopezntion Agreament applies. - 3 - pav,e 4 '�. : _ � 4 (c) where necessary for the purpose of project development, remove or cause to be removed all public or private u[ility lines and equipment, when such removal can be acconplished without cost or expense to the Municipality; (d) �ran� such deviations from the municipal building code, as are necessary and reasonable to promote economy and efficiency in the development and administra[ion of the project and concurrently safeguards the heal[h of [he public; (e) change the zoning of the site and surrovnding territory of snch projects when reasonable and necessary for the purposes uf i[s development ar.d pro[ec[ion; (f) accept gran[s of easements necessary for the deaelopment of sucL prcject; an: (g} cooperate witt� the Local Authority by such other lawful act3on or ways as the Municipality and the Local Authority may find necessary in connec[ion with the development and administration of such project, 3. The Municipality shall provide the services above during [he period commencing with the date of the acquisi[ion af any part of the si[e of any project and continuing so long as: (a) either such projec[ is owned by a public body or governmental agency and is used for low-rent purposes or (b) any contract between the Local Authori[}' and the Government for loans or annual con[rihutions, or both, in connec[ion uith such project remains in force and effect or (c) any bonds issued in connection with such project or any monies due [o the Government in conne�[ion with such project remain unpaid. F, BREACH OF AGFEEMEhT 1. If the Municipality breaches ics agreemen[ to furnish [he public services or facilities delineated in provision E of this agreement, the Local Authori[y may [ake action [hat will cause said services or facilities to be provided. 2. Any expense, incurred by the Local Authori[y in such ac[ion ma)' be deducted from any current or future paymen[s in lieu of taxes due the Atunicipality in respect to any project covered b}• this Cooperntion Agreemen[ or any other low-ren[ housing pro}ects owned or operated 6y [he Local Authority. G. ITTEREST OF MEhII3ERS No Member of the governin� body of the Municipality or any other public official of the Municipality who exercises any resporsibilitie� or functions with respecc to any Project during his tenure or for one year [hereafter sha]1 have any in[erest, direct or indirect, in any Project, or any properiy included or planned fo be included in any Project� or any contrac[S in ronnection with such Projec[s or property. If any suc� governiug body sember or such o[her public official of the Municipallty involuntarily acquires oz had acGuired prior to the 6eginning of his tenure any suct3 interest, he shall immediately disclose such interest to the Locnl Autho7lty. ii. AUP.ATION The privlleges and obllgations of th� ?iuniclpality shall remain in full force and effec[ vith reapect to each pro}ect, so leng es, beneficial title to such pro}ect is held by the Local Authority, or by eny other public body or govern.�aenial agency legally au[horized to en3age in the develop�ent or �dministretion of lc., Sucome houeing projecta. - � - �q��' ��....�r�-.� • uu /�-'�Vl January, 1914 P2g? S � � � � I. ALTERATION OR T£RMINATION 1. The existence of either of the following conditions prohibite the altera[ion or termina[ion of this Agreement withou[ the prior consent of the Government: (a) Any binding loan or annual con tribu[ions contracc that involves any project, and was execu[ed by the Local Au[hority and the Government or (b) Any unpaid bond issues or other debts that are connected wi[h any project, and are due the Government, _, t;o Cooc>erstion �Zreement previously enCered into �between [?�e Municiyality a;id the Local Authority sha11 be construed [o apply [o any project covered by this Agreement. The Municipality and Local Authority have respec[ively signed this Ag.reement and caused their seals to be affixed and attested as o`. (SEAL) Attest: tle) (SEAL) Attest: tle) � — 5 — (Corporate Name of Municipalit}') By (Title) (Corporate Name of Lo�al Authority) By (Chairman � � � w �i � 0 � � � m � s� � a� m a � 0 0 o x U � 'J O C� � ao � O N � O +-I N � � 0 � a� � � !� .-I � !-� T � N N ri E Fa a� o a� � s, � bn � cd ¢ ti w N � 1� Q o aroi 'd rl 6 � O ctl H U � 0 .� � 0 � rn � ti � � x � � ��1 r-I �ri y V � S+ )V 1-' CL ry-I � U