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143
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<br />v~th the PF~ for loans and annuat contributions in connection with the d evelopmer~.and admini-
<br />s~ation of such low-rent housing, all pursuant to the United States Housing Ac~
<br />amended (herein called the ~Acta); and
<br /> WHEREAs, the City is desirous of assisting and co-operatingwith the
<br />Authority ins uch undertakings and of co~plying with the provisions of Section l0 (a), l0
<br />and 15(V) (b) of~the Act, as well as all other applicable provisions thereof;
<br />
<br /> NOW, THEREFORE, in consideration of the mutual covenants hereinafter
<br />set forth the Authority and the City do agree:
<br />
<br />1. ~enever used in this Agreement:
<br />
<br />(a)
<br />
<br />The term eProject~ sP~ll~mean any low-rent housing hereafter
<br />developed as one o~eration by the Authority with finmmcial
<br />assistance of the ~HA and included within Program Reserva-'
<br />tion No. Va-l-A (Serial R-9) issued~by the PHA to the Autho-
<br />rity on September 2Vth, 1949, cove~ing sm aggregate of 1065
<br />units of low-rent hgusing. A oroject will g enera~ly be lo -
<br />cated on a single sate bub ma~ be on scattered sztes as ap -
<br />proved by the City.
<br />
<br />(b)
<br />
<br />The te~m "Taxing Body shall mean the State or any political
<br />subdivision or taxing unit thereof (including the City) in
<br />which a project is situated and which would have authority
<br />to assess or levy real or personalp roperty taxes or to cer-
<br />tify such taxes to a taxing body or public officer t~ be
<br />levied for its use and benefi{ with respect to a Project if
<br />it were not exempt from taxation.
<br />
<br />(c)
<br />
<br />The term ~Shelter Rent" shall mean m~n the total ef all
<br />charges to all ten~nts~of a Projebt for dwelling ~ents and
<br />non-dwelling rents (excluding all o ther.~ncome of such pro-
<br />ject), less the cost tot he Authority of all dwelling and
<br />non-dwelling utilities.
<br />
<br />(d)
<br />
<br />The t e~m "slum~' means any area where dwellings predominate
<br />which, by reason o f dilapidation, ove~.-crow.ding, fault.y ar-
<br />rangement or design, lack of ventilatzon, lzght or sanzta-
<br />tion facilities, or any combination of these factors, a re
<br />detrimental to safety, health or morals.
<br />
<br /> 2. The Authority shall endeavor to Seoure a contract or contracts
<br />with the PHA for loans and annual co~ributions,.and undertake to develop and administer one
<br />or more projects.
<br />
<br /> 3. Under the Constitution a nd Statutes of the Commonwealth of Virgi.
<br />nia, all'projects a~e exempt from all real and personal property t axes and special assessments
<br />levied er imposed by any Taxing Body; and, with respect to any P~oject, s o long as. either (a)
<br />such project is used for low-rent housing purposes, or (b) any contract between the local Au-
<br />thority and the PEA for loans or a~uual contributions, or both, in connection with such Pro-
<br />ject shall remain in force and effect, or (c) any bonds issued in cor~uection with s~ch Project
<br />shall remain outstanding, whichever period is the longest, the City agrees that it will not
<br />levy or impose any real or personal property taxes or special assessments upon such Project
<br />or upon the Authority with respect thereto. D~ring such period, the Authority shall make an -
<br />nual payments (herein called ~Payments in' Lieu of Taxes') ~ in lieu of such t axes snd spe-
<br />cial assessments and in pa~wment for public services and ffac[lities f~rnished for or with res-
<br />pect to such Project. Each such ennual Payment in ~ieu of Taxes shall be made at the time
<br />when real property taxes ~n such Project would be paid if it were subject to taxation, and
<br />shall be in an amount equal t o l0 per cent (t0%) of the aggregate Shelter Rent c.harged by the
<br />Authority in respect to such Project duming the tax yea~ for which such payment is made; pro
<br />vided, however, that uBon ffailure of the Author~y to make any such Payments in Lieu of Taxes
<br />no lien'against any project or assets of the Authority shall attach.
<br />
<br />the ~ity in excess
<br />City for such year
<br />
<br /> Provided, further, ths. t no payment for any year shall be made to
<br />of the amount of the real property taxes which would have been paid to the
<br />if the Project were not exempt from taxation.
<br />
<br /> &. The City agrees that to the extent permitted by law subsequent
<br />to the date of initiation (as defined in the Act) of each Project and wit.bin five years after
<br />the completion thereof?, or such further period as may be ~pproved by the pHA, and in addition
<br />to the nt~zber off unsafe or insanitary dwelling units which the City is obligated to eliminate
<br />as a part of the low-re~t housing projects heretofore undertaken by the Authority and identi-
<br />fied as Pi~ojects Nos. Va l-l, Va l-B, and Va l-Z, there has been or will be elimination (as
<br />approved ~y the PHA) by demolition, condermaation, effective ~losing, or compulsory repair or
<br />improvement of unsafe or inssz~itary dwelling units situated in the locality o r met~opolitsz~
<br />area of~ the City substantially equal in n~mber to the nt~mber of newly Constructed dwelling
<br />units provided by such Project; provided that wt~re more t~an one Eamily is living in an un-
<br />safe or insanitary dwelling unit, the elimination of such unit shall count as the eliminatio~
<br />of units equal to the number of families accommodated therein; and provided, further, that t~.,
<br />paragraph 4 shall n~t apply in the case of any Project developed on t he si~e of a Slum cleared
<br />subsequent to July 15, 19~9, and that the ~w~lling units eliminated by the clearance of the
<br />site of such Project shall not be counted as elimination for any other Project or any other
<br />low-rent housing P~oject,
<br />
<br />5. D~ring the' period commencing with the date of the acquisition of
<br />
<br />
<br />
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