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HomeMy WebLinkAboutRES 05.12.1969 - Cooperation AgreementSECTION 6. APPEALS Whenever the Chief of the Fire Department shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been i�iaconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire Department to Council within 30 days from the date of the decision appealed. SECTION 7. PENALTIES. (a) Any person who shall violate any of the provisions of the code here- by adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate of permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Council or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively, be guilty of a misdemeanor, punishable by a fine of not less than $10.00 nor more than $200.00 or by imprisonment for not less than one days nor more than (3)days or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue;,,and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separ- ate offense. (b) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. SECTION S. 1UYEAL OF CONFLICTING ORDINANCF All former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinances are hereby repealed. SECTION 9. VALIDITY. The Council hereby declares that should any section, paragraph, sentence, or word of this ordinance or of the code hereby adopted be declared for any reason to be invalid, it is the intent of Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 10. DATE OF EFFECT. This ordinance shall take effect quired by law. Date Passed: ATTEST.i' May 12, 1969. C laud Eads, City Secretary IU lil'umedi4tely fter its approval as re- "..oan, N - la I yoi��ty of Georgetown RESOLUTION APPROVING COOPERATION AGREEMENT WITH THE HOUSING AUTHORITY OF THE CITY OF GEORGETOWN, TEXA.S AND AUTHORIZING ITS EXECUTION. WHEREAS, the City of Georgetown, Texas, has caused to be published twice in its officially designated newspaper the notice of its intent to e ter into a Cooperation Agreement with the Housing Authority of the City of Georgetow , Texas; and WHEREAS, 60 days or more have elapsed since the date of he first publication of said Notice, with no petition for election being filed in acclrdance with the Housing Cooperation Law of Texas. NOW, THEREFORE, BE IT IUL'SLOVED BY THE COUNCIL OF THE CITOF GEORGETOWN, TEXAS, AS FOLLOWS: 1. The Cooperation Agreement between, the City of Geo.getown, Texas and the Housing Authority of the City Georgetown, Temps, is hereby approved. 2. The Mayor of the City of Georgetown, Texas is heAby authorized and directed to execute said Agreement and the Secretary of the City of Georgetown, Texas, is hereby authorized aid directed to seal and attest said Cooperation Agreement in the name of the.City of Georgetown, Texas. 3. This Resolution shall become effective immediatel". 4., The Cooperation Agreement is in the gollowing for , to -wit: Mr. Eantis, Moved it's adoption and Mr. Gold, seconded, The vote on roll call was recorded as follows: AYLS: Sloan, Davis, Gold, Eanes, Lyda, and Brock. NOES: None There upon the Resolution was declared duly adopted a d passed. COOPERATION AGREEMENT This Agreement entered into this 9th day of February, I the Housing Authority of The City of Georgetown, Texas, (her "Municipality"), WITNESSETH: In consideration of the mutual covenants hereinafter se hereto do agree as follows: 1. Whenever used in this Agreement: (a)'The term "Project" shall mean any low -rent hoes as an entity by the Local Authority with financial United States of America (herein called the "Govern to the United States 11ousing Act of 1937, as amend meat of Housing and Urban 11evelopment Act; excludin rent housing project covered by any contract for to contributions entered into between the Local Author the Government prior to the date of this Agreement. (b) The term ?Taxing Body" shall mean the State or subdivision or taxing unit thereof in which a Proje whidi would have authority to assess or levy real or taxes or to certify such taxes to a taxing body or levied for its use and benefit with respect to a Pr exempt from taxation. , by and between called the forth, the parties g hereafter developed sistance of the nt"), pursuant and the Depart - however, any low- s and annual y and agencies of V political is si.tuated and ersonal property blic officer to ect if it were ni (c) The term "Shelter Rent" shall mean the total of klI charges to all tenants of a Project for dwelling rents and nondwellng rents (exclud- ing all other income of such Project), less the cos i to the Local Auth- ority of all dwelling and nondwelling utilities. (d) The term "Slum" shall mean any area where dwell' gs predominate which, by reason of dilapidation, overcrowding, faul y arrangement or design, lack of ventilation, light or sanitation fa( lities, or any combination of these factors, are dettimental to sal"ty, health or morals.; 2. The Local Authority shall endeavor (a) to secure a 40#1,ntract or con- tracts with the Government for loans and annual contribution" covering one or more Projects comprisingapproximately 200 units of low -rent Y)using and (b) to develop and administer such Project or Projects, each of whi4i shall be located within the corporate limits of the Municipality. The obligati"ns of the parties hereto shall apply to each such Project, 3. (a) Under ' the constitution and statutes of the State of Texas all Pro- jects are exempt from all real and personal preperty taxes and special assessments ' levied or imposed by any Taxing Body. With respect to any Project, so lang as wither (i) such Project is owned by a public body or governmental agency and is used for low -rent housing purposes, or GO any contract between the Local Authority and the Government 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 Government in connection with such Project remain unpaid, which ever period is the longest, the Municipality 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 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 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 (i) ten percent (10%) of the aggregate Shelter Rent Charged by the Local Authority in respect to such Project during -such cal year, or (ii) the amount permitted to be paid by applicable State law in effect on the date such payment is made, whi'chever amount is the Idwer. (c) The Local Authority shall distribute the Payments in Liew of laxes 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; krovided, 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 Government, there has been or will be elimination (as approved by the Government) by demolition, condemnation, effective closing, or compuls , 6ry 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,I,an unsafe or insanitary dwelling unit, the elimination of such unit shall count as the 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 (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 G) such Project is owned by a public body or governmental agency and is used for low -rent housing purposes, or GO any contract between the Local Authority and the Government 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 Government in connection with such Project remain unpaid, which- ever 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 ten- ants 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 innabitants in the Municipality; (b) Vacate such streets, roads, and alleys within t� Project as may be necessary in the development there charge to the Local Authority such interest as the U in such vacated areas, and, insofar as it is lawfult cost or expense to the Local Authority or to the Mun be removed from such vacated areas, insofar as it ma - public or private utility lines and equipment. (c) Insofar as the Municipality may lawfully do so, deviations from the building code of the h4unicipalit and necessary -to promote economy and. efficiency in t administration of such Project, and at the same time and safety, and (ii) make such changes in any zoning surrounding territory of such Project as are reasona the development and protection of such Project and t (d) Accept grants of easements necessary for the do Project; and area of such and convey without cipality may have ble to do so without pality, cause to e necessary, all i) grant such as are reasonable development and afeguard health f the site and e and necessary for surrounding territory; opment of such (e) Cooperate with the Local Authority by such othe lawful action or ways as the Municipality and the Local Authority may ind necary in cnnectin with the develpment and administration ofiess ooosuch,Project. 6. In respect to any Project the Municipality further reasonable time after receipt of a written request therefor f (a) It will accept the dedication of all interior s and adjacent sidewalks within the area of such Proje stA rm and sanitary sewer mains in such dedicated are Authority, at its own expense,,has completed the gra paving, and installation thereof in accordance with able to the Municipa ty; (b) It will accept necessary dedications of land fo. improve, pave, and provide sidewalks for, all street Project or necessary to provide adequate access ther whereof the Local Authority shall pay to the Municipi as would be assessed against the Project site for sm site were privately owneO; and es that within a the Local Authority* aets, roads, alleys, together with all after the Local ag, improvement, ecifications accept - and will grade, bounding such consideration ity such amount work if such i (c) It will provide, or cause to be provided, water iains, and storm and sanitary sewer mains, leading to such Project and sei,iing the bounding streets thereof (in consideration whereof the Local A kthority shall pay 1 to the Municipality such amount as would be assessedn'�Aainst the Project N! site for such work if such site were privately 7. If by reason of the Municipality's failure or refuW: cause to be furnished any public services or facilities whibh under to furnish or to cause to be furnished to the Local Authc ants of any Project, the Local Authority incurs any expense to,1 or facilities then the Local Authority may deduct the amount ol Payments in Lieu of Taxes due or to become due -to spect to any Projector any other low -rent housing projects owi the Local Authority. 8. Nooperation Agreement heretofore,entered into betO the Local Authority shall be construed to apply to any Pro,� Agreement. 9. So long as any contract between the Local Authority i loans (including Preliminary loans) or annual contributions, o1i with any Project remains in force and effect, or so long as anZ connection with any Project or any monies due to the Governmenl, any Project remain unpaid, this Agreement shall not be abrogati modified without the consent of the Government. The,privileges Municipality hereunder shall remain in full force and effect w, Project so long as the beneficial title to such Project is hel,, ity or by the Government or by any other public body or gover� orized by law to engage in the development or AdmikiiatrAktibri 6, projects. If at any time the beneficial title to, or possessiol; held by the Government, other public body or governmental ageno hereof shall inure to the benefit of and may be enforced by thl, other public body or governmental agency. to furnish or has agreed here - or, to the ten- btain such services such expense from ,nicipality in re- ,d or operated by a the Municipali t covered by thii id the Government for both, in connection bonds issued in in connection with I, changed, or ind obligations of the Lh respect to each by the Local Author- Dntal agency auth- lb*-'r6lit housing of, any Project is V, the provisions Government, such IN WITNESS WHEREOF, the,Municipality and ively,-,,signed this Agreement and caused their of the day and year first above written. ATTEST: Claud Eads - City Secretary Ernest Lincoln, Secretary the Local Authority have respect - seals to be affixed and attested as Jay C. Sloan, Mayor, City of Georgetown Housing Authority of City of Georgetown, Tex Robert Soulen, Chairman I RESOLUTION APPROVING APPLICATION FOR PRELIMINARY LOANT FOR LOW -RENT PUBLIC 11O.USING WHEREAS, it is the policy of this locality to eliminate substandard and other inadequate housing, to prevent the ppread of slums and blight, and to realize as soon as feasible the goal of a decent home in a suitable living environment for all of its citizens; and WHEIM11S, under the provisions of the United States Housing Act of 1937, as amended, the Department of Housing and Urban Development is authorized to provide financial assistance to local public housing agencies for undertaking and carrying out preliminary planning of low -rent housing projects that will assist in meeting this goal; and WHEREAS, the Act provides that there shall be local determination of need for low -rent housing to meet needs not being adequately met by private enterprise and that the Department of Housing and Urban Development shall not make any contract with a public housing agency for preliminary loans for surveys and planning in respect to any low -rent housing projects unless the governing body of the locality involved has by, resolution approved the application of the public housing agency for such preliminary loan; and WHEREAS, the Housing Authority of the City of Georgetown, Texas, (herein called the "Local Authority") is a public housing agency and is applying to the Department of Housing and Urban Development for a preliminary loan to cover the costs of surveys and planning in connection with -the development of low - rent housing. NOW, THERkYORE, be it resolved by the Council of the City of Georgetown, Texas, as follows: 1. There exists in the City of Georgetown, Texas, a need for such low -rent �i housing at rents within the means of low-income families; 2. The application of the Local Authority to the Bepartment of Housing and Urban Development f6rka preliminary,loan in an amount not to exceed $80,000.00 for surveys and planning in connection with low -rent housing projects of not to exceed approximately 200 dwelling units is hereby approved. The Resolution was read in full, considered and discussed. Mr. Lyda moved its adoption and Mr. Gold seconded the motion. On roll call the tollowing vote was recorded: AYES: Sloan, Davis, Gold, Canes, Lyda, and Brock. NOES: None. Thereupon the Resolution was declared duly adopted and passed. ADJOURNMENT. Meeting adjourned at 10:45 o'clock p.m. APPROVED: ATTEST: Jay C. Sloan, Mayor, City of Georgetown Claud Eads, City Secretary C E R T I F I C A T E I, Claud Eads, Secretary of the City of Georgetown, Tes that I have compared the annexed extracts from the minutes meeting of the Council of said City held on the 9th day of with the original there6f,rrecorded in the official minutepg is a correct transcript therefrom and of the whole of said the annexed extract of the minutes of the meeting is a trueil cript of such minutes and that the Resolution contained the complete, and accurate copy of the Resolution adopi IN WITNESS WHEREOF, I have hereunto set my hand and th! of Georgetown, Texas, this 9th day of February, 1970. Claud-1a4—s-, City Sec ATTOMNEY'S CERTIFICATE AND OPINION I the undersigned City Attorney for the City of George hereby certify that I have examined the attached extract fr meeting of the Council of the City of Georgetown, Texas, he 1970, and it is my opinion that the aforesaid meeting was d held and that the Resolutions contained therein were duly a by such governing body in compliance with the laws of the S are not subject to referendum or the time for filing a peti has expired. is, hereby certify C the regular abruary, 1970, )ok, and that it riginal; that and complete trans- ain is a true, I meeting. wn, Texas, do the regular on February 9, v and legally regularly adopted te of Texas, and on for referendum Joe B. McMaster, CityAttorney OTWINANCE SUBMITTING CHARTER TO THE VOTERS FOR ADOPTION Olt REJECTION AIN ORDINANCE SUBMITTING THE PROPOSED HOME -RULE C11ARTER TO THE QUALIFIED VOTERS OF THE CITY OF GEORGETOWNT TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN TEXAS: That, whereas, the Charter commission hereto fore appoffted by the Mayor of the City of Georgetown, and elected voters, have submittq a proposed home -rule charter for said city, to the city council, and have fixed te date for the submission of said proposed home -rule charter to the qualifi:d voters of said City on April 4, 1970, and have determined that it is not practiell to submit the Charter by section, but as one question to the voters. Therefore, be it ordained by the City of qeorgetown, thit in compliance with the date fixed by the Charter Commission, and under and by the virtue of the of the Home Rule Amendment to the Constitution and the enabling Statute of Texas 1925, that an election be held on April 4, 1970, in said Cit" f6r,,,',the'-purpose of having the qualified voters pass on said proposed Charter, and that at said election there be submitted to the qualified voters of said it the propos- ition: Shall the charter framed by the Charter Commission a4 completed on February 9', 1970, be adopted? The official ballot shall read as follows: OFFICIAL BALLOT DIKECTIONS: to vote for the adoption of the Charter mark out the word AGAINST: to vote against the adoption mark out the word FOR. QUESTION: Shall the Charter framed by the charter commission be adopted? 1) For the adoption of the charter. 2) Against the adoption of the charter.