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HomeMy WebLinkAbout02-69 RESOLUTION• RESOLUTION NO 2-69 COMMUNITY SERVICES AGREEMENT • BETWEEN THE CITY OF FAYET.TEVILLE, ARKANSAS, AND THE HOUSING AUTHORITY OFTHE CITY OF FAYETTEVILLE, ARKANSAS WHEREAS, the City of Fayetteville, Arkansas (hereinafter called the "City") and the Hosuing Authority of.the City of Fayetteville, Arkansas (hereinafter called the "Local Authority") recognize a respon- sibility to provide for the welfare of the community through the con- struction of and the operation of community services centers, and WHEREAS, the Local Authority is presently engaged in planning the construction,with the assistance of the Housing and Urban Development Adminstration of the United States, of a multi -story apartment building for the Elderly and 80 dwelling units for families, and WHEREAS, the Local Authority proposes to provide additional space and basic furnishings for community services programs to benefit • the residents of the housing units and the surrounding neighborhood, and WHEREAS, the construction and furnishingof such space and the allocation of money by the Housing and Urban Development ADministration for such purposes is conditioned, upon the City obligating itself to bear such part of the cost of operating wuch facilities not borne by some other private,. Federal or State Agency, the Local Authority being A • prohibited from bearing any part of such expense, and WHEREAS, the avaijllability of such space for such useiby the citizens o f this community would be of great benefit to the City and its • citizens; NOW, • :. L THEREFORE, BE IT RESOLVED BY THE CITY OF FAYETTEVILLE, ARKANSAS AND THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS SECTION 1: That. the City of Fayetteville, in consideration of the u ndertaking by the Local Authority as above stipulated, agrees and hereby o bligates itself' to pay, in addition to the utilities consumed in said space unless otherwise provided for, that part of the expense of operation and maintaining the community facilities space to be constructed and furnished by the Local'%Authority not borne by any private group or County, Federal or State Agency. SECTION 2: That theCityfurther agrees to provide a minimum of • Fifty Thousand and One Hundred Thousand Dollars ($50/100,000) Owner- Landlord and Tenant Public Liability Insurance to protect the City and Local Authority against claims for bodily innury or death. • • a ! SECTION 3: That the obligation of the City to bear such expense shall'not constitute a general obligation of the City but shall be restricted to and discharged out of all payments in lieu of taxes paid annually..by said Local, Authority on its properties situated in the City; all of said•amounts:to be paid by said Local Authority annually, to the City, the City to reimburse itself for such expenses so borne by it before transmitting the balance then remaining to the taxing subdivisions authorized to receive payments in lieu of taxes from said Local Authority on said properties under the provisions of the Housing Authorities. Law of the State of Arkansas and in the proportions therein provided or otherwise specified by said Authority. SECTION 4: That the City hereby agrees not to discriminate becauseof race, creed, color, or national origin in the operation of the facilities and in the sponsorship. and programming of activities and services to be offered therein. This provision is included pursuant to the regulations of the Department of Housing and Urban Development, 24CFR,Subtitle A,Part I section 1.1 et seq,(seelalso Department Interim Order 11,31 F.R.815) issued under title VI.of the said Civil Rights Act of 1964, and the requirements ofthe said Department pursuant to said regulations; and the obligations of the City to complytherewith inures t6 the benefit o f the United 'Stales, the said Department, and the Local Authority, any o f which shall be entitled to invoke any remedies available by law to redress and breach therof or to compel compliance therewith by the City. SECTION 5: That the obligations hereby assumed by the City shall become effective upon the completion of and the furnishing of the facilities hereinabove provided for. SECTION 6: In the .event .the City shall fail, neglect or refuse to perform its obligations and breach the conditions herein provided to the extent that the tenants of the Housing Develpment shall be deprived o f .the use, benefit and enjoyment of the services and facilities which it has agreed to furnish and operate, the City agrees that the Local Authority may operate the facilities and deduct the amount of expenses it does incur from payments in lieu of taxes due, or to become due to the City under the CooperativeAgreement between the City and the Local Authority. • SECTION 7: That the Local Authority agrees and herebyobligates itself to provide adequate physical facilities within its prescribed limitations to carry out all programs and projects to be planned and arranged for by the City as the sponsoring agency and to provide repair and maintenance of such facilities not to exceed normal wear and tear. SECTION 8: That the Local Authority agrees to provide basic furnishings and equipment, including but not limited to range, refr ger- ator, other cooking equipemtn in a kitchen equipped with builtin cabinets, counters, and storage space as well as a suggicient number of tables and chairs for the proper utilization of such space for' such purpose. SECTION 9: This Agreement shall remain in full force and effect for the duration of the Cooperation Agreement between the City and •the'Local Authority. IN WITNESS WHEREOF, the City of Fayetteville, ARkansas and the Housing Authority of the City of Fayetteville, Arkansas do hereby respectively sign this) contract.and cause their seals to be affixed .and attested thas 2/7 . day of.71,,,,,.,o//,�� 1969 THE•CITY OF.FAYETTEVILLE, ARKANSAS • • By Mayor' HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS • ATTEST 4 44 .111k g 'Sete tary Chairman