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Home My WebLink About1966-06-22 - Minutes - Archive1116 Page 14 MINUTES OF SPECIAL MEETING OF THE HOUSING AUTHORITY OF FAYETTEVILLE, ARKANSAS A special meeting of the Housing Authority of Fayetteville, Arkansas, was held at 10:00 a.m., Wednesday, June 22, 1966, in the Chamber of Commerce's Decision Room in the City Administration Building, Fayetteville, Arkansas. Members present: L. L. Baxter, Hal Douglas, Ellis Shelton and Bill Gould. Members absent: J. E. Pomfret. Others present: Planning Consultant J. A. Vizzier; City Manager Gerald Fox; George Dowling, representative of Stanley Brown, Architect; E. E. Butler and Gary Bourgeois of Butler & Associates, Inc. The meeting was called to order by Chairman L. L. Baxter. The Chairman reported the Housing Authority had scheduled this special meeting to interview two out of town architectural firms. The first firm which would be interviewed would be Stanley Brown of Dallas, Texas, Next, E. E. Butler of Butler & Associates, Inc., would be interviewed. Mr. George Dowling, representative of Stanley Brown, began his presentation of public housing programs his firm had done. Mr. Dowling showed slides of various projects in Arkansas. He said his firm had been engaged for a number of years in Arkansas and had opened a branch office in Little Rock to better accommodate the cities in Arkansas. He was pleased to say the firm had been asked by some cities to return and work on second public housing projects. Mr. Dowling pointed out that the housing was not built of inferior materials but was constructed to last several years and remain housing the community could be proud'of if maintained. The designs were varied to keep the project from looking like an institution. Landscaping, streets, sidewalks and curbs.were a part of the project. Mr. Dowling in conclusion said his firm is equipped to handle public hous- ing projects and it offers a completed program. The firm has the necessary experience and staff and is familiar with the paper work. The Chairman asked Mr. Dowling if he felt experience was necessary. Mr. Dowling said an architect not involved in public housing before would be bogged down in paper work and would lose time. The Housing Authority thanked Mr. Dowling for appearing before them for an interview. �. Chairman Baxter introduced Mr. E. E. Butler of Butler & Associates, Inc., the second firm to be interviewed. Mr. Butler informed the Housing Authority that his firm was well staffed June 22, 1966 Page 15 with experienced architects, engineers and planners. Also, recently a full time attorney had been added to the staff. He pointed out that even though his office was in Springfield in a matter of minutes he or any members of his staff could be in Fayetteville. Mr. Butler showed slides of public housing projects his firm had done in both Missouri and Arkansas. He answered several questions about people renting public housing units and about the future of the housing. In reply to the Chairman's question, Mr. Butler said he would be willing to associate with a local architect. The Housing Authority expressed its appreciation and thanked Mr. Butler and Mr. Bourgeois for their time. After the interviews, the Chairman asked the Planning Consultant..if he had completed the application for low -rent housing. Mr. Vizzier said he had. He discussed the application for 200 housing units with the Housing Authority. After the discussion, Hal Douglas moved to adopt Resolution No. 3-66 authorizing the Chairman to execute the application for a low - rent housing program comprising of 200 housing units. The motion was seconded by Bill Gould and passed unanimously, iHHHFiFY�-:(iHHHHHHY.HH.L7HY.t=: iHH',�K`HHHHHHiiHti(-::-K a`( �'-;FJSifiiHHHHH£iHHHHcif-:HHHHHHHHHS-Yc-;Hi?HFiHHN.HE Is RESOLUTION NO. 3-66 RESOLUTION AUTHORIZING AND DIRECTING SUBAIISSION OF APPLICATION FOR A LOW - RENT HOUSING PROGRA14 FOR THE CITY OF FAYETTEVILLE, ARKANSAS. WHEREAS, the Housing Authority of the City of Fayetteville, Arkansas, has found and hereby determines that there is a need for low -rent housing to meet needs not being adequately met by private enterprise within its area of operation; NOW, THEREFORE, BE IT RESOLVED BY THE HOUSING AUTHORITY OF THE CITY OF FAYLTTEVILLE, ARKANSAS, AS FOLLOWS: The Housing Authority of the City of Fayetteville, Arkansas, shall cause to be prepared and the Chairman shall sign and send to the Public Housing Administration, Department of Housing and Urban Development, an application for financial assistance for 200 dwelling units of low -rent public housing to be provided by new construction, or by acquisition, or by acquisition and rehabilitation of existing housing and for a preliminary loan in the amount of $35,000. PASSED AMID APPROVED this :!& day of gam, 1966. ATTEST: APPROVED: �• L/r�� A. VIZZIER�CRETARY L. L. TER, CHAS #i:#iH,�3HFiHHHHciHFiY.HY.HHf-1HF7c3;K-JHH,S`S'�#iHHY.�.i'-Ihnc#:.'�HHF.`F`(-',HHHF.i-'H, HH:�iHHHHFiHH.�iH:-iiHEiiiHFY,-KiE 10 ON June 22, 1966 Page 16 The Planning Consultant real aloud to the Housing Authority the Cooperation Agreement which is to be entered into by the Housing Authority of the City of Fayetteville, Arkansas, and the City of Fayetteville, Arkansas. Hal Douglas moved to adopt Resolution No. 4-66 approving the Cooperation Agreement and authorizing the Chairman and the Secretary to execute a Cooperation Agreement with the City of Fayetteville, Arkansas. The motion was seconded by Bill Gould and passed unanimously. RESOLUTION N0, 4-66 RESOLUTION APPROVING COOPERATION AGREEMENT WITH THE CITY OF FAYETTEVILLE;-- ARKANSAS. BE IT RESOLVED BY THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE) ARKANSAS, AS FOLLOWS: SECTION 1, The Cooperation Agreement between the City of Fayetteville, Arkansas, and the Housing Authority of the City of Fayetteville, Arkansas, is hereby approved. SECTION 2. The Chairman is hereby authorized and directed to execute the Cooperation Agreement in the name of, and the Secretary is hereby directed to seal and attest the Cooperation Agreement with the seal of the Housing Authority of the City of Fayetteville, Arkansas, SECTION 3• This resolution shall become effective immediately. PASSED AND APPROVED this j2T! ay of 1966. ATTEST: J�4 17 ?ISF ZZIER, MCRETARY i:;cz:-;n�4,SY-i;iHEiHHHHt,'H;iFsiciciXcic;,ii��-:�,.�'�+ �=7c;::: ..............."�W. ,EiriH: ,• •`K�uu�EiciHHHY.Hfi:3:iF�%- Ellis Shelton moved to adjourn. The motion was seconded by Bill Gould and passed unanimously. The Chairman declared the meeting adjourned. ATTEST: APPROVED: 4J A. VIZ , CRED L. BAXTER, CHAIRMAN is 1,40 � -� COOPERATION AGREEMENT This Agreement entered into this 5th day of July , 1966, by and between Housing Authority of the City of Fayetteville, Arkansas (herein called the "Local Authority") and City of Fayetteville, Arkansas (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 -rent housing hereafter developed as an entity by the Local Authority with financial assistance of the Public Housing Administration (herein called the IIPHA"); excluding, however, any low -rent housing project covered by any contract for loans and annual contributions entered into between the Local Authority and the PHA, or its predecessor agencies, prior to the date of this Agreement. (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 boyd or public officer to be levied for its use and benefit with respect to a Project if it were not exempt from taxation. (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. (d) The term "Slum" shall mean any area where dwellings predominate which, by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventialation, light or sanitation facilities, or any combination of these factors, are detrimental to safety, health, or morals. 2. The Local Authority shall endeavor (a) to secure a contract or contracts with the PHA for loans and annual contributions covering one or more Projects comprising approximately 200 units of low -rent housing and (b) to develop 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 0 Arkansas , all Projects are exempt from all real and Page 16 b personal property taxes and special assessments levied or imposed by any Taxing Bofd. 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 -rent housing purposes, or (ii) any contract between the Local Authority and the PHA for loans or annual contri- butions, 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 PHA 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 assesments 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 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 (10%) of the aggregate Sheter Rent charged by the Local Authority in respect to such Project during such fiscal year, or (ii) the amount permitted to be paid by applicable State low in effect on the date such payment is made, whichever amount is the lower. • (c) The Local Authority 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 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. 4. The Municipality agrees that, subsequent to the date of initiation (as defined 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 PHA, there has been or will be elimination (as approved by the PHA) 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 elimin- ation of such unit shall count as the elimination of units equal to the number of families accommodated therein; and Provided, further, That, this Page 16 c paragraph 4 shall not apply in the case of (i) 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 for any other Project or any other low -rent housing project, or (ii) any Project located in a rural nonfarm area. 5. 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 -rent housing purposes, or (ii) any contract between the Local Authority and the PHA 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 PHA 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 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, (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 administration 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 connection with the development and administration of such Project. 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: Page 16 d • (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 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 serv- ing 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). 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. 8. No Cooperation Agreement heretofore entered into between the Municipality and the Local Authority shall be construed to apply to any Project covered by this Agreement. 9. So long as any contract between the Local Authority and the PHA 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 or any monies due to the PHA in connection with any Project remain unpaid, this Agreement shall not be abrogated, changed, or modified without the consent of the PHA. 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 PHA, 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 such other public body or governmental agency, including the PHA, the provisions hereof shall inure to the benefit of and may be enforced by, such other public body or governmental agency, including the PHA. . IN WITNESS WHEREOF the Municipality and the Local Authority have respectively signed this Agreement and caused their seals to be affixed 0 • 0 and attested as of the day and year first above written, ( SEAT ) Attest: (SEAL) Attest: Secretary Cit Clerk Title E City of Fayetteville, Arkansas By Mayor HOUSING AUTHORITY OF THE City of Fayetteville, Arkansas By Chairman