HomeMy WebLinkAboutMinutes - 19640521 Minutes of the Board of County Commissioners
May 21, 19614
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The Orange County Board of Commissioners met in special session on Thursday, May 21,^1961:,
ii at 9:00 o'clock P.PT., in the Commissioners Room at the Courthouse in Hillsboro, N. C.
Members present: Chairman Donald Stanford, Commissioners Harvey Bennett, Gordon Cleveland,
and Henry S. Walker.
Members absent: Commissioner Carl Pi, Smith.
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() P'ss. Sarah Raines, Executive Director of the Chapel Hill Housing Authority, discussed
with the Board a technical problem concerning the Public Housing Program underway in Chapel Hill.
Mrs. Raines advised the Board that it is necessary for the Public Housing Board to file with the
Regional Office in Atlanta an agreement between it and the local governing boards of the area in j
which the authority will operate. The Public Housing Authority has executed with the Town of Chapel
Hill such an agreement; however, a portion of the area in which the housing project is to be located
I is outside the corporate limits of Chapel Hill. The town has proceedings underway to annex this
area; however, annexation will not become final until June 23, 1964. As these agreements must be
on file by June 1, the Public Housing agency of Chapel Hill has requested the County to execute
an agreement which will become: void when the area in question is annexed into the Town of Chapel Hill. 4
The County Attorney reviewed the proposed agreement and thought it reasonable. After j
considerable discussion, the following resolution was introduced by Commissioner Walker, seconded by i
Commissioner Cleveland and unanimously adopted: i(
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COOPERATION AG.RMENT (y
' This Agreement enetered into this 21st day of May, 1964, by and between the CI-L'i°EL HILL
HOUSING AUTHORITY (Herein called the "Local Authority") and the COUNTY OF ORANGE (herein called the
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"Municipality"), witnesseth:
In consideration of the mutual convenants hereinafter set forth, the parties hereto do
agree as follows:
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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 Adminis-
tration (herein called the "PHA"); excluding, however, any low-rent housing project
covered by any contract for loans and annual contributions entered into between the Local
!i 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 body or public
officer to be levied for its use and benefit with respect to a Project if it were not
exempt from taxation.
I (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, j
s� (d) The term "Slum" shall mean any area where dwellings predominate which, by reason of i
dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light or
sanitation facilities, or any combination of these factors, are detrimental to safety,
health, or marals,
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 60
unite 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,
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3. (a) Under the constitution and statutes of the State of North Carolina, all Projects are 1
!i exempt from all real and personal property taxes levied or imposed by any Taxing Body.
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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 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 Iunicipality agrees that it will not �f
levy or impose any real or personal property taxes upon such Project or upon the Local I
Authority with respect thereto. During such period, the Locak Authority shall make annual
payments (herein called "Payments in Lieu of Taxes") in lieu of such taxes 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 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 (1) ten
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percent (10�) of the Shelter Rent actually collected but in no event to exceed ten percent i
(1al.) of the Shelter Rent charges by the Local Authority in respect to such Project
during such fiscal year, or (ii) the amount by which the real property taxes which would I
have been paid to all Taxing Bodies for such fiscal year if such Project were not exempt y
from taxation exceeds twenty percent (20m) of the Federal Annual Contribution actually
payable with respect to such Project for such fiscal year, provided that if two or more
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I! Projects are covered by one contract with the PIRA for annual contributions, the amount of
the Federal Annual Contribution actually payable with respect to each Project shall be 1
ii determined by prorating the total Federal Annual Contribution actually payable with respect
to all such Projects in proportion to the development cost of the respective Projects, or
(iii) the amount permitted to be paid by applicable State law in effect on the date such
Payment is made whichever amount is the lowest. For the computing I aY , purpose of com utin the Federal �
j; Annual Contribution and Payment in Lieu of Taxes, all Projects which are covered by the same {
!f contract with the PHA for annual contributions and which have cooperation agreements, I
subject to limitation as expressed in clause (ii) above, with the identical Taxing Bodies j
shall be treated collectively as a single project.
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(c) The Municipality 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
j real property taxes which would have been paid to all of the Taxing Bodies for such year f,
�j if the Project were not exempt from taxation; Provided, however, That no payment for any year I
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 j
taxation.
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(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
Ej accrue or attach on account thereof.
!�. The Municipality agrees that, subsequent to the date of initiation (as defined in the United Ej
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
ii (as approved by the PHA) by demolition, condemnation, effective closing, or compulsory repair or
CE 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
j�.dwelling units provided by such Project; Provided, That, where more than one family is living in an it
!� 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 7$, 1949, and that the dwelling units eliminated by the clearance of the site of
it such Project shall not be counted as elimination for any other Project or any other low-rent housing =�
E; project, or (ii) any Project located in a rural nonfarm area. B
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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 govern-
mental 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 a
remains in force and effect, or (iii) any bonds issued in connection with such Project or any monies
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due to the PHA in connection with such Project remain unpaid, whichever period is the longest, the
ii Municipality without cost or charge to the Local Authority or the tenants of such Project (other than i
the Payments in Lieu of Taxes) shall: i
(a) Furnish or cause to be furnished to the Local Authority and the tenants of such Project I�
!; public services and facilities of the same character and to the same extent as are furnished E
fr m time to time without cost or charge to other dwellings and inhabitants in the Municipality; I�
(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;
j� (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
�j 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 surround-
ing territory of such Project as are reasonable and necessary for the development and protection
of such Project and surrounding territory; 1
t (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. )
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16. 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: ?!
E (a) It will accept the dedication of all interior streets, roads, alleys, and adjacent ;f
sidewalks within the area of such Project, together with all storm and sanitary sewer mains {f
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; it
(b) It -,Till accept necessary dedications of land for, and will grade, improve, pave, and 'E
it 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
ijsuch amount as would be assessed against the Project site for such work if such site were !
�� privately owned).
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7. if by reason of the Municipality's failure or refusal to furnish or cause to be furnished any publi
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 I
's Payments in Lieu of Taxes due or to ''become due to the Municipality in respect to any Project or any is
i other low-rent housing projects owned or operated by the Local Authority.
I d. No Cooperation Agreement heretofore entered into between the Municipality and the Local Authority I
! shall be construed to apply to any Project covered by this Agreement.
j� 9. So long as any contract between the Local Authority and the PHA for loans (including preliminary
�4 loans) or annual contributions, or both, in connection with any Pro;;ect remains in force and effect,
f or so long as any bonds issued in connection with any Project or any monies due to the PHA in
fconnection 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
Ci Project is held by the Local Authority or by any other public bovd or governmental agency, including
II the PHA, authorized by law to engage in the development or administration of low-rent housing
4 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.
�10. The application of this Agreement shall be limited to that portion of the site of proposed
Project No. NC-46-1 which lies outside of the town limits of the Twon of Chapel Hill. It is under-
stood that annexation proceedings are pending under which the entire site of Project N. NC-46-1 would
be incorporated within the town limits of the Town of Chapel Hill. If and when said annexation r
IE proceedings are fully consumated this Agreement shall not be applicable to any project or portion
of a project which is within the limits of any incorporated city or town.
j IN 191TIT-WSS WHEREOF the municipality and the Local Authority have respectively signed this V
( Agreement and caused their seals to be affixed and attested as of the day and year first above written.
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COUNTY OF ORANGE j
(� Corporate NaTm of Municipality
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ByS/ Donald M. Stanford
Title Chairman i
Ii(SEAL)
j ATTEST: S. M. Gattis Cleric
Title)
CHAPEL HILL HOUSING AUTHORITY
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Corporate Name of Local Authority)
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By Sidney S. Chipman
Chairman
j (SEAL)
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ATTEST-
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Sarah G. Rains
Secretary
There being no further business to come before the Board, the meeting was adjourned. (
Donald Stanford
�( Chairman
1 3etty June Hayes, Clerk
S. M. Gattis, Acting Clerk {�
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