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Res 230 1/26/1953COPY THE STATE OF TEXAS : COUNTY OF WICHITA CITY OF WICHITA FALLS: On this the 26th day of January, 1953, the Board of Aldermen of the City of Wichita Falls, Texas, convened in Regular meeting, at the regular meeting place with the following members present, to-wit; Kindell Paulk,Mayor, R. P. Willis , Lloyd C. Thomas, - Francis L. Harvey, - Aldermen, J. Paul Montgomery,- Dr. E. Aubrey Cox, - Henry Mason, George T. Henderson, City Clerk, with the following absent, to-wit: None, Constituting a quorum, at which time the following business was transacted, to-wit: Alderman Henry Mason introduced for the consideration of the Board a resolution and made a motion that it be adopted. The motion was seconded by Alderman E. Aubrey Cox. The resolution was read in full by the City Clerk. The motion carrying with it the adoption of the resolution prevailed by the following vote: YEAS: R. P. Willis, Lloyd C. Thomas, Francis L. Harvey, J. Paul Montgomery, Dr. E. Aubrey Cox, Henry Mason, and Mayor Kindell Paulk. NAYS: None. The Mayor announced that the resolution had been adopted. The resolution as adopted is as follows: A RESOLUTION v/L. `Y DIRECTING THE ENTRY INTO THE MINUTES OF A RESOLUTION HERETOFORE ADOPTED AUTHORIZING THE EXECUTION OF A COOPERATION AGREEMENT WITH THE HOUSING AUTHORITY OF THIS CITY AND RATIFYING THE EXECUTION OF SAID AGREEMENT. WHEREAS, at a meeting duly called and held on November 14, 1949, the Board of Aldermen of this City,by a majority vote, adopted the following resolution: RESOLUTION APPROVING COOPERATION AGREEMENT WITH THE HOUSING AUTHORITY OF THE CITY OF WICHITA FALLS AND AUTHORIZING ITS EXECUTION." BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS as follows: 1. The Cooperation Agreement between the City of Wichita Falls and the Housing Authority of the City of Wichita Falls is hereby approved. 2. The Mayor of the City of Wichita Falls is hereby authorized and directed to execute the Cooperation Agreement in the name of the City, and the City Clerk is hereby directed to seal and attest the Cooperation Agree- ment with the seal of the City. 3. This resolution shall become effective immediately. 4. The Cooperation agreement referred to in Section 1 is in the following form, to-wit: COOPERATION AGREEMENT This Agreement entered into this 14th day of November, 1949, by and between the Housing Authority of the City of Wichita Falls, Texas herein called the "Local Authority") and the City of Wichita Falls, Texas, herein called the "City") witnesseth: WHEREAS, the Local Authority has received from the Public Housing Administration (herein called the "PHA") a Program Reservation for 500 units of laves-rent housing to be developed and located within the corporate limits of the City; and WHEREAS, the Local Authority proposes to enter into one or more w n- tracts with the PHA for loans and annual contributions in connection with the development and administration of such low-rent housing, all pursuant to the United States Housing Act of 1937, as amended (herein called the "Act") ; and WHEREAS, the City is desirous of assisting and cooperating withthe ftocal Authority in such undertakings and of complying with the provisions of Sections 10 (a) , 10(h) , and 15(7) (b) of t he Act, as well as all other applic- able provisions thereof: NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, the Local Authority and the City do agree: 1. Whenever used in this Agreement: a) The term "Project" shall mean any low-rent housing hereafter de- veloped as one operation by the Local Authority with financial assistance of the PHA and included within Program Reservation No. TEX-22-A issued by the PHA to the Local Authority on September 1, 1949, covering an aggregate of 500 units of low-rent housing. A Project will generally be located on a single site but may be on scattered sites. b) The term "Taxing Body" shall mean the State or any political sub- division or taxing unit thereof including the City in which a Pro- ject is situated and which would have authority to assess or levy real or personal property taxes or to certify such taxes to a taxing body 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 non-dwelling rents(excluding all other income of such Project) , 1 ss the cost to the Local Authority of all dwelling and non-dwelling utilities. d) The term "Slum" means any area where dwellings predominate which,by reason of dilapidation,overcrowding, faulty arrange- ment or design, lack of ventilation, light or sanitation facilities, or any combination of these factors, are detrimental to safety, health or morals. 2. The Local Authority shall endeavor to secure a contract or con- tracts with the PHA for loans and annual contributions, and undertake to develop and administer one or more Projects. 3, Under the constitution and statutes of the State of Texas, all Projects are exempt from all real and personal property taxes and special assessments levied or imposed by any Taxing Body; and, with respect to any. Project, so long as either (a) such Project is used for low-rent housing purposes, or Cb) any contract between the Local Authority and the PHA for loans or annual contributions, or both, in connection with such Project shall remain in force and effect, or (c) any bonds issued in connection with such Project shall remain outstanding, whichever period is the longest, the City agrees that it will not levy or impose any real or personal property taxes or special assessments 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 public services and facilit- ies furnished for or with respect to such Project. Each such 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 (a) Ten per (l0%) of the aggregate Shelter Rent charged by the Local Authority in respect to such Project during such fiscal year, or Xb) the amount per- mitted to be paid by applicable state law in effect on the date such payment is made, whichever amount is the lower; provided, however, that upon failure of the Local Authority to make any such Payment in Lieu of Taxes, no lien against any Project or assets of the Local Authority shall attach. The City shall distribute the Payments in Lieu of Taxes between the following Taxing Bodies, to—wit: The City of Wichita Falls Texas and the Wichita Falls Independent School District and 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 the above 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 (including the City) 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. 4. The City agrees that, subsequent to the date of initiation (as defined in the Act) 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 of the City substantially equal in number to the number of newly con- structed dwelling units provided by such Project; provided, that, where more than one family is living in an unsafe or insanitary dwelling unit, the elimi- nation of such unit shall count as elimination of units equal to the number of families accommodated therein; and provided, further, that this paragraph 4 shall not apply in the case of (a) any Project developed on the site of a Slum cleared subsequent to July 15, 1949, and that the dwelling units eliminat- ed by the clearance of the site of such Project shall not be counted as elimin- ation for any other Project or any other low-rent housing project, or (b) any Project located in a rural non-farm 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 a) such Project is used for low-rent housing purposes, or (b) any contract be-. tween the Local Authority and the PHA for loans or annual contributions, or both, with respect to such Project shall remain in force and effect, or (c) any bonds issued in connection with such Project shall remain outstanding, which- ever period is the longest, the City, 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 (i) the public services and facilities which are at the date hereof being furnished without cost or charge to other dwellings and inhabitants in the City, including but not limited to: educational, fire, police and health pro- tection and services; maintenance and repair of public streets, roads, alleys, sidewalks, sewer and water systems; snow removal; garbage, trash and ash collection and disposal; street lighting on public streets and roads within such Project and on the bound- aries thereof; and adequate sewer services for such Project; and ii) also such additional public services and facilities as may from time to time hereafter be furnished without cost or charge to other dwellings and inhabitants in the City; b) vacate such streets, roads, and alleys within the area of such Project as may be necessary in the development thereof, and con- vey without charge to the Local Authority such interest as the City may have in such vacated areas; and, insofar as it is lawfully able to do so without cost or expense to the Local Authority and/or to the City,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 City may lawfully do so, grant such waivers of the building code of the City as are reasonable and necessary to pro- mote economy and efficiency in the development and administration of such Project; and 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 thereof; 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 was as the City and the Local Authority may find necessary in connection with the development and administration of such Project. 6. In respect to any Project the City further agrees that within a reasonable time after receipt of a written request therefor from the Local Authority: a) it will accept the dedication of all interior streets, roads, alleys, and adjacent sidewalks within the area of such Project after the Local Authority, at its own expense, has completed the grading, improvement, and paving thereof in accordance with specifications acceptable to the City; and 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 City such amount as would be assessed against the Project site for such work if it were privately owned) ; and c) it will provide, or cause to be provided, water mains, and storn and sanitary sewer mains, leading to such Project and serving the bounding streets thereof (in consideration whereof the Local Authority shall pay to the City such amount as would be assessed against the Project site if it were privately owned). 7. If the City shall, within a reasonable time after written notice from the Authority, fail or refuse to furnish or cause to be furnished any of the services or facilities which it is obligated hereunder to furnish or cause to be furnished to the Local Authority or to any Project, then the Local Authority may proceed to obtain such services or facilities elsewhere, and deduct the cost therefor from any Payments in Lieu of Taxes due or to become due to the City in respect to any project or any other low-rent housing projects assisted or owned by the PHA. 8. No Cooperation Agreement heretofore entered into between the City 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, with respect to any Project shall remain in force and effect, or so long as any bonds issued in connection with such Project shall remain outstanding, this Agreement shall not be abrogated, changed, or modified without the consent of the PHA. The privileges and obligations of the City hereunder shell 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 some 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 al 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 City and the Local Authority have respectively caused this Agreement to be duly executed as of the day and year first above written. Seal)CITY OF WICHITA FALLS, TEXAS BY s/ Harold Jones ATTEST: Mayor s/ J. B. Hickerson City Secretary Seal) HOUSING AUTHORITY OF THE CITY OF WICHITA FALLS, TEXAS ATTEST:By s/ B D Donnell s/ D. M. Perkins Chairman Secretary WHEREAS, the minutes of said mating show that the making and execution of said Agreement were authorized, and the form of said Agreement was set was set forth in said minutes, but the formal resolution above quoted was not copied into said minutes; and WHEREAS, said Agreement was dated November 14, 1949, and was duly executed on behalf of this City and on behalf of the Housing Authority; and WHEREAS, said resolution should be recorded now for the meeting above mentioned and the execution of said Agreement should be ratified; BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS: 1. The Resolution quoted in the preambles of this resolution shall be recorded now in the minutes of this body for the meeting above mentioned and the same is hereby declared to have been duly adopted at said meeting and shall constitute a part of the minutes of said meeting just preceding the form of said Agreement. 2. The execution of the Cooperation Agreement dated November 14, 1949, is hereby ratified as of said date and said agreement is hereby declared to be the Agreement of this City from said date. ADOPTED AND APPROVED this the 26th day of January, 953. i m# # *a--- s/ indell Paull( Mayor A'11EST: A' a/ (rev. T [Icuu_Lsuu City Clerk, City of Wichita Falls, Texas THE STATE OF TEXAS COUNTY OF WICHITA CITY OF WICHITA FALLS : I, the undersigned, City Clerk of the City of Wichita Falls, Texas, do hereby certify that the above and foregoing is a true, full and.correct copy of a resolution adopted by the Board of Aldermen of the City of Wichita Falls, Texas (and of the minutes pertaining thereto) on the 26th day of January, a 1953, with reference to the Cooperation Agreement therein described. o City,EXEC ' 1 UNDER MY HAND and seal of said Cit this the y D day of JA4.1.46(e , 1953.c City erk, City of Wi ita Falls, Texas Seal)