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Res 1584 - Agrmt Mar Cty Housin COUNCIL BILL NO. 2041 RESOLUTION NO. 1584 A RESOLUTION ENTERING INTO A COOPERATION AGREEMENT WITH THE MARION COUNTY HOUSING AUTHORITY AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT. WHEREAS, Marion County Housing Authority owns and operates affordable housing within the urban growth boundary of Woodburn, and WHEREAS, the City of Woodburn and Marion County Housing Authority previously entered in a Cooperation Agreement for payment in lieu of property taxes, and WHEREAS, Marion County Housing Authority recently completed the development of 52 units of affordable family housing in Woodburn, and WHEREAS, it is necessary to enter into an updated Cooperation Agreement to reflect the increase in the number of units operated in Woodburn by the Marion County Housing Authority, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into a Cooperation Agreement with Marion County Housing Authority, a copy of which is attached hereto, and by this reference, incorporated herein. Section 2. That the Mayor is authorized to execute said Agreement on behalf of the City. Approved as to foemen,~ ~ -ilz.o I '1 tI 01:1 City Attorney Date APProved~Q.~ ~ Richard Jennings, ayo~ Passed by the Council Apri 1 24. 2000 Submitted to the Mayor Approved by the Mayor Filed in the Office of th~der () ATTEST: ~- ~~ ~nant City Recorder City of Woodburn, Oregon Apri 1 25, 2000 Apri 1 ?11 , ?()()() Apri 1 25, 2000 Page 1 - COUNCIL BILL NO. 2041 RESOLUTION NO. 1584 - T' COOPERATION AGREEMENT This Agreement is entered into this 1 st day of March, 2000, by and between the Marion County Housing Authority (" MCHA"), and The City of Woodburn, (the "City"), witnesseth: In consideration of the mutual covenants hereinafter set forth, the parties hereto do agree as follows: 1. Definitions. As used in this Agreement: a. "Project" means any low-rent housing facility herein developed or acquired by the MCHA with financial assistance of the United States of America action through the Secretary of Housing and Urban Development or Oregon Housing and Community Services Department (the "Government"); including any low-rent housing projects covered by any contract for loans, grants, and annual contributions entered into between the MCHA and the Government or the Government's predecessor agencies prior to the date of this Agreement: b. "Taxing body" means the State of Oregon, Marion County or any political subdivision or taxing unit in which the Project is situated that would have the authority to assess or levy real or personal property taxes or to certify taxes to a taxing body or public officer to be levied against a Project for its use and benefit, if the Project were not exempt from taxation. c. "Shelter rent" means the total of all rents received from tenants of a Project, less the cost to the MCHA of all Project utilities. No other Project income shall be included in the calculation of "Shelter rent." Y' 2. The MCHA has secured a contract with the Government for a loan, grant, or annual contribution for: (I) the project called Farmdale, located at 1233 Lincoln, Street, comprised of 44 units oflow-rent family housing; (2) the project called Wood Park Terrace, located at 1025 Park Street, comprised of 52 units oflow-rent family housing; and (3) the project called Scattered Sites, comprised of 17 low-rent, single family homes, scattered throughout the City of Woodburn; and (4) to develop or acquire and administer these Projects, which shall be located within the corporate limits of the City. The obligations of the parties hereto shall apply to these Projects. 3. Payments in lieu of taxes. a. Under the Oregon Constitution and Statutes (ORS Chap. 456), all Projects are exempt from real and personal property taxes, levied or imposed by any taxing body. The exemption from property taxes continues for any Project for as long as anyone of the following applies: (I) the Project is owned by a public body or governmental agency and is used for low-rent housing purposes, (ii) any contract between the MCHA and the Government for loans, grants, or annual contributions in connection with the Project remains in force and effect, or (Hi) any bonds issued in connection with the Project remain unpaid. During this period, the MCHA will make annual payments in lieu of property taxes ("PILOT") to pay for the public services and facilities furnished without other cost or charge to the Project. b. The MCHA will make one PILOT payment on or before May 31 of any calendar year. The PILOT payment will be equal to 10% of the shelter rent received by the MCHA in from the Projects during the twelve-month period ending on March 31 of each year or the 2 total amount of taxes that would be levied against the Projects property ifit were not exempt, whichever is less. c. The MCHA will make the PILOT payments to the City, which shall distribute payments among the taxing bodies in its jurisdiction in the same proportion that property taxes levied against the Projects property would have been distributed if the Projects were not exempt from taxation. d. If the MCHA fails to make any PILOT payment, no lien against the Projects or assets of the MCHA or any local Authority shall attach, nor shall MCHA be liable for any interest or penalties for failing to make a timely PILOT payment. 4. During the period commencing with the date of the acquisition of any part ofthe site or sites of any Project and continuing as long as any of the following apply: (1) the Project is owned by a public body or governmental agency and is used for low-rent housing purposes; (ii) any contract between the MCHA and the Government for loans, grants, or annual contributions, in connection with the Project remains in force and effect; or (iii) any bonds issued in connection with the Project or any monies due to the Government in connection with the Project remain unpaid, the City, without cost or charge to the MCHA or the tenants of the Project shall: a. Furnish or cause to be furnished to the MCHA and the tenants of the 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 inhabitants of the city. b. Consistent with city ordinances, state laws or other applicable statutes, (I) grant alternate methods or materials from the building code of the city as are reasonable and necessary to promote economy and efficiency in the development and administration of the Project, and at the same time safeguard health and safety, and (ii) avoid making any changes in 3 .r the zoning of the site and surrounding territory of the Project that might endanger the continued operation of the Project as it was originally anticipated and to avoid establishing a non-conforming use of the property: c. Cooperate with the MCHA by such other lawful action or ways as the City and the MCHA may find necessary in connection with the development and administration of the Project. 5. The City will provide or cause to be provided, water mains, storm and sanitary sewer mains, sidewalks, street paving or other public improvements leading to the Project and serving the site and the surrounding area, in the same manner and for the same amount that would be assessed against the Project site for this work as if the site were privately owned. 6. If the City fails or refuses to furnish or cause to be furnished any public services or facilities that it has agreed hereunder to furnish or to cause to be furnished to the MCHA or to the tenants of any Project, the MCHA will deduct the amount of any expense incurred as a result of the City's conduct from any PILOT payments due or to become due to the City for any Project owned or operated by the MCHA. 7. No member of the City's governing body or any other City public official who exercises any responsibilities or functions with respect to any Project shall have any interest, direct or indirect, in the Projects, any property included or planned to be included in the Project, or any contracts in connection with the Projects or property during his or her tenure or for one year thereafter. 8. So long as any contract between the MCHA and the Government for loans, including preliminary loans, grants, or annual contributions in connection with any Project remains in force and effect or so long as any bonds issued in connection with any Project or any monies 4 Y' ..." -..---------""..--_.._~,..................."....,"". -"'"",'-,",""" _..........>~~_.~-" due to the Government in connection with any Project remain unpaid, this Agreement shall not be abrogated, changed, or modified without the consent of the Government. The privileges and obligations of the City hereunder shall remain in full force and effect with respect to each Projects as long as the beneficial title to the Projects is held by the MCHA or by any other public body or governmental agency, including the Government, authorized by law to engage in the development or administration of low-rent housing projects. If at any time the beneficial title to or possession of the Project is held by another public body or governmental agency, including the Government, the provisions hereof shall inure to the benefit of and may be enforced by, the other public body or governmental agency, including the Government. IN WITNESS WHEREOF, the City and the MCHA have cause this Agreement to be signed by their duly authorized representatives effective the day and year first above written. CITY OF WOODBURN Attest: fl!~~ By: Dic Jennings, May r r/~o/~C>oo City Recorder MARION COUNTY HOUSING AUTHORITY By: Michael Ryan, Chair Attest: Executive Director 5 T' >.... '. _'_~'__"~_'~"'""'___"'''''''-_'-'' -"''''~-'"~'f'''~---''~' ~_.__....._.~U" '-'-"""'"-'-~-'''