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HomeMy WebLinkAbout1973-01-17 - Minutes - ArchiveMINUTES OF REGULAR MEETING OF THE HOUSING AUTHORITY OF ftTHE CITY OF FAYETTEVILLE ARKANSAS The Housing Authority of the City of Fayetteville, Arkansas, met in regular session at 10:00 o'clock a.m., on Wednesday, January 17, 1973, in the office of the Housing Authority, #1 North School Avenue, Fayetteville, Arkansas. On roll call the following members were present: Messrs: Gould, Shelton, Douglas and Whillock Absent: Baxter Also Pres&iit-.:t Hugh Kincaid, Ora Belle Rollow, David Faught, Bromo Wilson, Sophronia George, Robert Schoen, Peter Green (Representa- tives of UPC), Dr. and Mrs. Paddock, Tom Reid (left at start of meeting), and Representatives of the Community. There being a quorum present, the following business was transacted, The Minutes of the regular meeting of December 20, 1972� was approved by motion of Mr. Shelton, seconded by Mr. 40 Gould!.afid carried unanimously. The Financial Report for the month of December, was approved by motion of Mr. Gould, seconded by Mr. Douglas and carried unanimously. The Board went into Executive Session at this time to discuss a personnel matter. When the Board came into open session Mr. Whillock explained that Mr, Hal Douglas had resigned his position as Board Commissioner and that at this point they nominated MT. Sherman Morgan to fill this position on the Board. Mr. Shelton moved and Douglas seconded that the nominations cease and that Mr. Morgan be elected by acclamation. Mr. Whillock now stated that their selection of Mr. Morgan will be referred to the City Board of Directors for ratification. Also, the election of new officers was voted on and Mr. Douglas made the motion and Mr. Gould seconded that the present officers, Carl Whillock, Chairman and Ellis Shelton, Vice Chairman, succeed themselves. is I* - 2 - The Chairman presented Resolution #112 (copy attached): RESOLUTION #112 RESOLUTION ESTABLISHING A POLICY AND PRO- CEDURE FOR COLLECTION OF RENTS AND OTHER CHARGES. After discussion, Resolution #112 was adopted by motion of Mr. Shelton, seconded by Mr. Gould and the vote recorded: AYES: Whillock, Douglas, Gould and Shelton NAYS: NONE The Chairman thereupon declared the motion carried and Resolution #112 was adopted unanimously, The Chairman presented Resolution #109 (copy attached): RESOLUTION #109 A RESOLUTION AMENDING RESOLUTION NO. 55 OF FEBRUARY 22, 1971, A RESOLUTION AMEND- ING THE BY-LAWS OF THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS After discussion, Resolution #109 was adopted by motion of Mr. Douglas, seconded by Mr. Gould and the vote recorded: AYES: Whillock, Douglas, Gould and Shelton NAYS: NONE The Chairman thereupon declared the motion carried and Resolution #109 was adopted unanimously. The Chairman presented Resolution #113 (copy attached): RESOLUTION #113 RESOLUTION AMENDING RESOLUTION NO. 84 WHICH REVISED INCOME LIMITS FOR ADMITTANCE INTO LOW -RENT PUBLIC HOUSING After discussion, Resolution #113 was adopted by motion of Mr.. Gould, seconded by Mr, Douglas and the vote recorded: AYES: Whillock, Douglas, Gould, and Shelton NAYS: NONE The Chairman thereupon declared the motion carried and Resolution #113 adopted unanimously. I% a - 3 - The Chairman presented Resolution #110 (copy attached): RESOLUTION #110 RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT FOR REUSE APPRAISALS After discussion, Resolution #110 was adopted by motion of Mr. Douglas, seconded by Mr. Gould and the vote recorded: AYES: Whillock, Douglas, Gould and Shelton NAYS: NONE The Chairman thereupon declared the motion carried and Resolution #110 was adopted unanimously. The Chairman presented Resolution #111 (copy attached): RESOLUTION AUTHORIZING CONDEMNATION OF CERTAIN PROPERTIES IN CENTER SQUARE URBAN RENEWAL PROJECT ARK. R-105 After discussion, Resolution #111 was adopted by motion of Mr. Douglas, seconded by Mr. Shelton, and the vote recorded: AYES: Whillock, Douglas, Gould and Shelton NAYS: NONE The Chairman thereupon declared the motion carried and Resolution #111 was adopted unanimously. The Chairman presented Resolution #114 (copy attached): RESOLUTION #114 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS, ESTABLISHING PRO- PERTY MANAGEMENT PROGRAM FOR ACQUIRED PRO- PERTY, CENTER SQUARE URBAN RENEWAL PROJECT, ARK, R -10S. After discussion, Resolution #114 was adopted by motion of Mr. Douglas, seconded by Mr. Gould and the vote recorded: AYES: Whillock, Douglas, Gould and Shelton NAYS: NONE 0 U 0 0 - 4 - The Chairman thereupon declared the motion carried and Resolution #114 was adopted unanimously. There being no further business the meeting was adjourned, ATTEST: SECRETARY APPROVED: lot J IJ t � �z VAIRMAN - — RESOLUTION NO, 109, A RESOLUTION AMENDING RESOLUTION NO. 55 OF FEBRUARY.22, 19711, A RESOLUTION AMENDING THE BY -.LAWS OF THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE ARKANSAS WHEREAS, beginning January 19, 1966, the Housing Authority of the City of Fayetteville, Arkansas, adopt&d.a. Resolution,2-66, adopting by-laws for the Housing Authority; and I WHEREAS, on February,22, 1971, the Housing Authority of the City of Fayetteville, Arkansas, adopted Resolution No. 55 amending the by-laws of the Housing Authority; and WHEREAS, it is now deemed necessary to amend said By -Laws of the Housing Authority, NOW, THEREFORE, BE IT RESOLVED by the Housing Authority of the City of Fayetteville, Arkansas: Section 1, . That ARTICLE I, Section 3 of the By - Laws of the Housing Authority of the City of Fayetteville, Arkansas, be amended to read as follows: "ARTICLE I. Section 3. Office of the Authority. The offices of the Authority shall be located at #1 North School Avenue, in the City of Fayetteville, State of Arkansas, but the Authority may hold its meetings at such other place as it may designate by resolution." Section 2, That ARTICLE III, Section;4 of the By -Laws of the Housing Authority of the City of Fayetteville, Arkansas, be amended to read as follows: "ARTICLE III, Section:4. Regular Meeting,Place. The regular meeting place of the Authority is located at #1 North School Avenue, in the City of Fayetteville, State of Arkansas," PASSED AND APPROVED THIS /T�4� day of 1973. APPROVED: ATTEST: Secretary r Ell ro"'o's 0 RESOLUTION NO.110 RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT FOR REUSE APPRAISALS WHEREAS, the Housing Authority of the City of Fayetteville, Arkansas, is engaged in the acquisition of land in the Center Square Urban Renewal Project; and WHEREAS, the Authority is required to obtain two reuse appraisals on all land to be disposed of; and WHEREAS, the Authority has received proposals from qualified independent appraisers to complete said appraisals, NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Housing Authority of the City of Fayetteville, Arkansas: Section 1. The proposal attached hereto is hereby accepted and approved, Section 2. The Chairman is hereby authorized and instructed to execute said contract. PASSED AND APPROVED this /7aday of 1973 ATTEST: 0 Secretary APPROVED: am "nK."../a 0 0 174 RESOLUTION NO. Ill. RESOLUTION AUTHORIZING CONDEMNATION OF CERTAIN PROPERTIES IN CENTER SQUARE URBAN RENEWAL PROJECT ARK. R-105 WHEREAS, the Housing Authority of the City of Fayetteville, Arkansas, is carrying out the Center Square Urban Renewal Project No. ARK. R-105; and WHEREAS, the Urban Renewal Plan for said project authorizes the acquisition of certain properties; and WHEREAS, -the Housing Authority has made every reasonable effort to acquire said properties by negotiation without success, NOW, THEREFORE, BE IT RESOLVED BY THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS: 1. That the Housing Authority is hereby authorized to initiate condemnation proceedings against the attached listings of properties, 2. That said proceedings shall be in accordance with all HUD regulations and State and Federal Laws. 3, That said condemnations shall be by quick taking procedure and posting of deposits with amount of the acquisition prior here- tofore fixed by the Authority; provided concurrence by HUD shall first be obtain- ed before instituting said quick taking procedure. Passed and approved this d a y o f 1973. Ll Arl ATTEST: APPROVED: 6c� 0 0 0 SCHEDULE OF PROPERTIES AUTHORIZED FOR CONDEMNATION - 1/17/73 PARCEL NO. OWNER 17-D Bobee 17-G Walden 17-H Segraves, et al, 17-1 Ricketts 18-H Moore 26-D Whitfield 28-A Pearson 28-B Hunt 28-1 Paddock 28-J Hunt 30-B McNair 30-C Pearson 30-D Davison 30-E Laner RESOLUTION NO. 112 RESOLUTION ESTABLISHING A POLICY AND PROCEDURE FOR COLLECTION OF RENTS AND OTHER CHARGES WHEREAS, the sudcessful continued operation of the low - rent program, financially speaking, depends largely upon the collection of rents. WHEREAS, the present rent schedule, was established to make sure that low income families would have available to them, decent, safe, and sanitary housing at a rent they would be.able to pay. Beyond this, the Housing Authority should not be expected to go. Each family living in low -Tent housing must be expected to pay the Tent as established by the Housing Authority in accordance with Federal and State laws. WHEREAS, the best prevention of delinquent rents is to make sure that the prospective tenant understand the method of determining rent and the procedure followed in collection of rents. The tenant should be impressed with the fact that rent is due and payable on the first day of each month and the action necessary when it is not paid promptly, NOW, THEREFORE, BE IT RESOLVED by the Housing Authority of the City of Fayetteville, Arkansas: The following procedure shall be followed in the handling of collections: 1. Dwelling rent is due and payable in advance on the first day of the month, Rents and other charges are to be paid on the first day of the month and not later than the fifth day. 2. Extension of time may be granted only in the case of an emergency and only when the tenant has signed a request for extension within the first five (5) days of the month. The extension may not exceed ten (10) days and should not be granted again in the succeeding month, 3. When rent has not been paid by the fifth day and an extension has not been granted a past due notice shall be sent to remind the tenant of his obligation under.the lease and designate a deadline, not to exceed three (3) additional days, on which to contact the management office to make satisfactory arr- anagements for payment. .0� - 2 - ID 4. If the tenant has not contacted the management office by the eighth day a personal contact should be made to deter- mine the cause of delinquency and discuss and arrange for payment, L S. Unless payment has been made or a satis- factory agreement has been reached by the tenth day of the month, eviction proceed- ings will be initiated. Once this legal action is taken no steps are to be taken to stop the proceedings prior to eviction. 6. When any of the dates established above (Paragraphs 1 through 6) fall on Saturday, Sunday, or holidays the next succeeding day will apply. In carrying out this collection procedure it must be remembered that rent has been determined on the basis of the tenant's ability to pay. The tenant agrees to pay rent in advance on the first of each month by signing his lease. He has been allowed five (5) days plus a warning and an additional three (3) days. There is, therefore, no reason for his not having at least contacted the management office to discuss the matter, PASSED AND APPROVED this `7 Lil� day of 1� 3 1973, Jf APPROVED: ATTEST: RESOLUTION NO. 113 7_7 RESOLUTION AMENDING RESOLUTION NO. 84 WHICH REVISED INCOME LIMITS FOR ADMIT- TANCE INTO LOW -RENT PUBLIC HOUSING WHEREAS, by Resolution No. 84, dated February 16, 1972, the Commission of the Housing Authority of the City of Fayetteville, Arkansas, revised the Income Limits for admittance into low -rent housing; and WHEREAS, the Department of Housing and Urban Development has determined that the present established income limits for admission and continued occupancy to low -rent public housing in Fayetteville, Arkansas are below the acceptable limits; and WHEREAS, the Housing Authority of the City of Fayetteville concursa in said finding; and WHEREAS, the Authority has been authorized to adopt new income limits. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS. 1. That the new limits, a copy of which is attached, is hereby adopted, 2. That there shall be no change in the definition of net family income or in the policies relating to exemption and deductions. PASSED AND APPROVED thisAPZJR(�V4��jday of 1973 AF,"OVED: ATTEST: 0 REVISED INCOME LIMITS FOR ADMITTANCE INTO LOW -RENT PUBLIC HOUSING Limits in Net Income After Exemptions No. of Base Special Persons Limits Limits Continued Occupancy 1 3860 4630 4825 2 4365 5240 5460 3, 4570 5485 5710 4 4800 5760 6000 5 5015 6020 6270 6 5230 6275 6540 7 5425 6510 6780 8 5640 6770 7050 9 5740 6890 7175 10 5840 7010 7300 f* 0 RESOLUTION NO. 114 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS, ESTABLISHING PROPERTY MANAGEMENT PRO- GRAM FOR ACQUIRED PROPERTY, CENTER SQUARE URBAN RENEWAL PROJECT, ARK R-105 WHEREAS, the Housing Authority of the City of Fayetteville, Arkansas, has entered into a Loan and Capital Grant Contract with the United States of America, dated February 11, 1972, Center Square Project, ARK R-105, which includes all undertakings and activities of the Local Public Agency in the Urban Renewal Area in accordance with the Urban Renewal Plan for the eli- mination and prevention of the development or spread of slums and blight, Such undertakings may include among other things, the acquisition, operation and maintenance of said structures until such time as the structures may be razed; and WHEREAS, the Board of Commissioners find it necessary to es- tablish a Property Management Program setting forth rules of fair practice for the best interests of all concerned: NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISS OF THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS, THAT: 1. The LPA shall maintain all plumbing, electrical and heating systems in safe operating condition and make repairs to structures when necessary to keep them safe, and habitable. LPA owned property shall be protected from vandalism, fire, and unauthorized occupancy, Property which is vacated at the time of ac- quisition or which becomes vacant after acquisition shall not be rerented to off- site tenants, except hotel rooms may be rented for transient use, and temporary on-site moves of families, individuals, and businessess may be permitted if it will assist the LPA to carry out project activities in an orderly and timely manner, and if, in the case of a business concern or non profit organization, prior approval of the Area Office has been obtained, The LPA may lease, for temporary use, cleared parcels of land for which final disposition cannot be accomplished promptly. The Board of Commissioners shall, by Resolution, approve the form and terms of the lease and the lessee, The lease itself shall contain a description of the use to which the land will be put; services which the LPA will provide; the amount of rent; the rent due - date; and a cancellation clause which meets the needs of the project. 2. Each Agency owned structure occupied by former owners or tenants, shall be covered by a lease agreement containing: the amount of rent to be charged (starting date of tenancy), the date on which the rent will begin, the date on which rent payments will be due, identification of utilities and other services to be furnished, restrictions as to the use and occupancy, the rights of tenant to pro rats, refund of advance rent payment in the event of a move -out before the end of a rental period, and when applicable, rights of parties as to fixtures. 3, All rents as established herein below shall be paid to the Agency and a receipt given therefore, Proceeds received from tenants or lessees of ac- quired property, shall be deposited in the Project Expenditures Account as income received from the operation of acquired property. TENANT -OCCUPIED PROPERTY: Rent for property occupied by a tenant of the former owner shall continue at the previous rate, OWNER -OCCUPIED PROPERTY: Former owners who continue to occupy the property shall 40 pay rent based on the average monthly rental, per square foot of floor space, of like residential or nonresidential structures in the project area. RENT ADJUSTMENT: The LPA may reduce the rent for a business if the rate becomes unreasonable due to adverse conditions caused by project activities. Adjust- ments shall be covered by a written notice to the occupant fixing the new rent and the date on which it is to begin. Adjustments shall not be made retroac- tively. 4, All rents as established herein in paragraph 3 above shall become due and payable on the first day of each calendar month, TENANTS OF FORMER OWNERS: Tenants in occupancy at the time of acquisition shall make their next payment to the LPA, if payments were formerly made by the week, the next payment shall be to the Agency for the remaining portion of that month and all payments thereafter, shall be paid monthly. If the tenant has paid in advance of one month, the owner shall settle with the Agency at the time of ac- quisition settlement. The nonaccrual period shall not exceed one month from the date of acquisition. FORMER OWNER -OCCUPANTS: owner -Occupants shall not be required to pay rent until the first day of the second calendar month. In no event shall the nonaccrual period exceed sixty days for residential or nonresidential properties, 5, The Property Manager shall give written notice to all occupants who are ten (10) days delinquent in the payment of rent. Eviction shall be instituted after thirty (30) days of delinquency except in cases of extreme hardship, 6. The Board of Commissioners of the LPA may permit the chargeoff of delin- quent rents if it has been determined that there is no reasonable prospect of collection, or the probable cost of further efforts to collect would not be warranted, or that collection would impose undue hardship on the tenant. 7* If a tenant moves during a period for which the LPA has received rent, he may be given a pro rats, refund for the unexpired portion of the period. Property Management records shall be maintained in accordance with the accounting requirements set forth in RHA 7221.1, Chapter 1, Section 41 PASSED AND APPROVED 1 THIS// _1764G DAY OF 1973 ATTEST: Secretary THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLEo ARKANSAS Chairman