Orange County NC Website
a <br />BOOK ~ ~ 4GE `~~3 <br />(b) Each such annual Payment in Lieu of Taxes shall bs made after the end <br />of the fiscal year established for such Project, and shall be in an amount <br />equal to either (i) ten per~snt (10~) of the Shelter Rent actually collected <br />but in no event to exceed ten per cent (10~) of the Shelter Rent charged <br />by the Local Authority in respect to auoh Project during such flsaal year or <br />(ii) the amount permitted to be paid by applicable state law in effect on <br />the date such payment is made, whichever amount is the lower. <br />(c) The Municipality shall distribute the Payments in Lieu of Taxes among the <br />Taxing Bodies in the proportion which the real property taxes which would have <br />been paid to each Taxing Body for such year if the Project were not exempt <br />from taxation bears to the total real property taxes which would have been <br />paid to all of the Taxing bodies for such year if the Project were not exempt <br />from taxation; Provided, however, That no payment for anq year shall be made <br />to any taxing'Body in excess of the amount of the real property taxes which <br />would have been paid to such Taxing Body for such year if the Project were not <br />exempt from taxation. <br />(d) Upon failure of the Local Authority to make any Payment in Lieu of Taxes, <br />no lien against any Project or assets of the Local Authority shall attach, <br />nor shall any interest or penalties accrue or attach on account thereof. <br />!}. The Municipality agrees that, aubsenuent to the date of initiation (as defined <br />in the United States Housing Act of 1937, as amended) of each Project and <br />within five years after the completion thereof, or such further period as may <br />be approved by the Government, there has been or will be elimination (as <br />approved by the Government by demolition, condemnation, effective closing, or <br />compulsory repair or improvement, of unsafe or insanitary dwelling units <br />situated in the locality or metropolitan area in which auah Project is located, <br />substantially eousl in number to the number of newly constructed dwelling <br />units provided by such Project; Provided, That, where more than one family is <br />living in an unsafe or insanitary dwelling unit, the elimination of ouch unit <br />shall count as the elimination of units edual to the number of families <br />accommodated therein; and Provided, further, That this paragraph 1{. shall not <br />apply in the case of (i) any Project developed on the site of a slum cleared sub- , <br />ssquent tv July 15, 191.9, and that the dwelling unite eliminated by the <br />clearance of the site of such Project shall not be counted as elimination for <br />anq other Project or any other low-rant housing project, or (ii) any Project <br />boated in a rural nonfarm area, <br />s• During the period cottanencing with the date of the acquisition of any part of <br />the site or sites of~any Project and continuing so long as either (i) such ~ <br />Project is owned by a public body or governmental agency and is used for low- <br />I <br />rent housing purposes, or (ii) any contract between the Loaa1 Authority and ~ <br />the Government for loar_a or annual contributions, or both, in connection with <br />such Project remains in force and effect, or (iii) any bonds issued in I <br />connection with such Project or any monies due to the (}ovarnm®nt in connection <br />with such Project remain unpaid, whichever period is the longest, the <br />municipality without cost or charge to the Local Authnrity or the tenants of <br />such Project (other than the Pagmenta in Lieu of Taxes) shall: ', <br />(a) Punish or pause to be furnished to the Local Authority and the tenants <br />of such Project public services and facilities of the same character and to <br />the same extent as era furnished from time to time without cost or charge to <br />other dwellings and inhabitants in the Municipality; <br />(b) Vacate such streets, roads, and alleys within the area of such Project <br />as may be nenessary in the development thereof, and convey without charge to <br />the Local Authority such interest as the Municipality may have in such vacated <br />areas; and, insofar as it is lawfully able to do so without cost or expense <br />to the Local Authority or to the Municipality, cause to be removed from such <br />vacated areas, insofar as it may be necessary, all public or private utility <br />lines and equipment; <br />(c) Insofar as the Municipality map lawfully do so, (i) grant such deviations <br />from the building code of the Municipality as are reasonable and necessary to <br />promote economy and efficiency in the development and administration of auah <br />Project, and at the same time safeguard health and safety, and (ii) make auah <br />changes in any zoning of the site and surrounding territory of auah Project as <br />are reasonable and necessary for the development and protection of such <br />r- Project and surrounding territcry; <br />(d) Aooept grants of easements necessary far the development of such Project; <br />and <br />(e) Cooperate with the Local Authority by such other lawful action or ways <br />as the Municipality and the Local Authority may find necessary in connection <br />with the development and administration of such Prnjeat, <br />^ <br />