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Home My WebLink About03-70 . - . '. J~'" .~ - ... . . \ RESOLUTION NO. ~ A RESOLUTION .authorizing the City's entering into a cooperation agreement with the Clallam County Housing Authority. BE IT RESOLVED by the City Council of the City of Port Angeles that the attached cooperation agreement is approved, and the Mayor and City Clerk are authorized to sign it on behalf of the City of Port Angeles. PASSED by the City Coun~il of the City of Port Angeles and approved,~l1 its Mayor at a regula.r. the ~~ay ~f ~\) . meeting of the Council held on I 1970. '- :.':: / ~fi; w' cJ Mayor Att:~st: ':- 4& 9709?~PA"-A/ City Clerk Approved as to form: pf~(inY# .- , , 'fj , '- . COOpmATION AGREEMl'llT . '1 This Agreement entered into this.)o..::1 day of ~La~ 19~ by and between The Housing Authority of the County of Cla:j;i'am (here called the "Local Authority") and The City of Fort Angeles, Washington (herein called the "Muni- cipality"), witnesseth: In conSderation of, the mutual covenants hereinafter set forth, the parties hereto do agree as follows: - 1. Whenever used i:h this Agreement: (a) The term "Project" shall mean arry low-rent housing hereafter developed as an entity by the Local Authority with financial assistance of the United States of America acting through the Secretary of Housing and Urban Development (herein called the "Government"); e..'C:cluding, however, any low-rent housing project covered .by .any contract for loans and annual contributions entered into between the ~ocal Authority and the Government, or its pre- decessor agencies, prior to the date of this Agreement. (b') THe term "Taxing Bodyll 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. (c) The term IlShelter Rent" shall mean the total of all charges to all tehants 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 nondwe1ling utili ties. (d) The term "Slum" shall mean any area where dwellings predominate which, by reason of 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 morals. - 2.The Local Authority shall endeavor (a) to secure a contract or con- tracts with the Government for loans and annual contributions covering one or more Projects comprising approximately 100 units 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. 3. (a) Under the constitution and statutes of the State of Washington, all Projects are exempt from all real and personal property taxes and special assessments levied or mposed by any Taxing Body., With respect to any Proj ect, 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 Government for loans or annual contributions. or both, in connection with such Proj ect remains in force and effect, or (iii) any bonds issued in connection with such Project or any monies due to the Govern- ment in connection with such Proj ect remain unpaid, lihichever 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 pa;yrnents (herein called IIPayments in Lieu of Taxesrt) in lieu of such taxes and special assessments and in payment for the Public services and facilities furnished from time to tme 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 anount equal to either (i) ten percent (10%) of the Shelter Rent charged by the Local Authority in respect to such Project during such fiscal year or (ii) the amount permitted to be paid by applicable state law in effect on the date such payment is made, whichever amount is the lower. (c) The MuniCipality shall distribute the Payments In Lieu of Taxes among the Taxing Bodies in the proportion which the real ptlperty 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 of the Taxing Bodies for such year is the Project were not exemp.t from taxatiolll PrOvided, however, That no pa;yment for any year shall be made to an{,Taiing Body in excess of the amount of the real property taxes ".-~- , ~ch vou:~...... "paid to ouch:axing BO",- for .uen YO'" it the Project ....''\. -1- _ -- ... -- ... ~ - j ,-- \ . 0'> - ~'ere not exempt from taxlon. . (d) Upon failure of the Local Authority to make any P~ent 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 1931) of each Project and within five years after the completion thereof, or such further period as may be approved by the Government and in addition to the number of unsafe or insanitary dwelling units which the Municipality isebligated to eliminate as a part of the low-rent housing project(s) heretofore undertaken by the Local Authority and identified as Project(s) No.(s) 1/- 02., 3, ~,C there has been or will be eliminated, as certified by the Muriicipality, by demolition, condemnation, effective closing, or compulsory repair or improve- ment, or 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 cons'-ructed dwelling units provided by such Project: Provided, That, where more than one family is livihg in an unsafe or in;>anitary dwelling unit, the elimination of such unit sha:p. count as the el:uninati'On '()f 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 ~liVd~atiort for any other Project or any other low-rent housing project, or (H) a.t1y Project located in a rural nonform or Indian area. S. During the period commencing liith 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 governmental agency and is used for low-rent housing purposes, or (ii) 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 (Hi) any bonds issued in connection with such Project or any monies due to the Government in connection with such Project remain unpaid, whichever period is the longest, the Municipal- ity without cost or charge to the Local Authority or the tenants of such Project (other than the Payments in Lieu of Taxes)shallt (a) Furnish or cause to be furnished to the Local Authority and the tenants 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 inhabitants in the Municipality; . (b) Vacate such streets, roads, and alleys within the area of such Project as may be necessary to the development thereof, and convey without charge to the Local Au:thority such interest as the Nunicipality may have in such vacateq areas; and, in so far 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, in so far as it may be necessary, all public or private utility lines and equipment; (c) In so far as the MWlicipality may lawfully do so, (i) grant such deviations from the building code of the Municipal- i ty as are reasonable and necessary to promote economy and efficiency in the development and administration of such Project, and at the same time safeguard health and safety, and (ii) made such changes in any zoning of the site and surrounding territory of such Project as are reasonable and necessary for the development and protection of such Project and the surrounding territory; (d) Accept grants of easements necessary for the development of such Project; and (e) Cooperate with the Local Au thon ty 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. 6. In respect to any Project the Municipality further agrees that within a reasonable time after receipt of a written request therefor from the Local Authori tyl (a) of all interior streets, It wil accept the dedication ~~~\ -2- ~- ~ I'" '. ....- " " - roads, alle18, and adjacent aideHalka tl1th1n the area of such Project, together with nil storm and sanitary seuGr mains in such dedicated c.reas, after tho Local Authority, at it.a ow expense, has completed the gradi'"lg, improvement, paving, 8."1d installation thereof in accordcnce \lith ::pecifications acceptable to the Hunioipalit:rJ (b) It will accept nccosoary dedications of land for, and will grade, :improve, pave, and provido sidem:l1ks for, all streets bounding such Project or necessar,y to provide adf,qua'.;c access thereto (in cor:aideration whereof the Local Authority shall pa;r to the ~iunicipality such amount as t."Ould be asaes:;ed aecinat the Project sita for such vork 1t such ai te ~e privately mined) J and (0) It t.lill provide, or cause to be provided, water mains} and swm and sa."11 tar"J ae"cl'er Illa::.I;S, leading to such Project and serving the bounding streets thereof (in cons1deraticn 'whereof the Local Authority shell pay to tho Hunicipality such mount a.s would be asoeased against tho Project. Glto for such t>ork if such site ,rere privately cn-med.) ~ 7. If by reason of the llunicipality's failure to furnish (or refusal to furnis;.) or causa to be iu..""nishcd an:;{ public s'!:rn.ces or fe.cilitiGS t.hich it has agreed hereunder to furnish or causa ~o t'arnished to t.he Local Authorit7 or to the tooGnts of 3flY Project, tho Local Authority incurs any e.:Qense to obtain such SGrviCl'"G or facilities then tho Local Authority me;r deduct tho amount oi such expense from rmy PfliVIllents in Lieu ot Taxes due or to beOOIllG due to the r..unicipality in respeot to ar.y Project or D11Y other lev-rent housinG projects owned or operated bY' the Local Author1ty. 8. 110 cooperat.ion AgrcE.'llent heretofore entered into betl-reen the Municipality and the Loco]. AuthoritY' shall be construed to applY' to ont Project coverGd by t.'rl.s Agreement. 9. No ml:mber oi t.'~o governing body of tho I'~un101pa.l1ty or Ii!fI3 other puhlic official of the Munidpall ty uho excrciea any responsibili tics or functions .dtl1 respectw B.Dy Project during his tenure or for one year thereafter shall have any interest. direct. or indirect, in any Project or any property included or plumed to be includGd in ~ project., or a1JY contrncta :in connection with such Projects or propert7. If:my such goverr.in~ bocJy member or such other public of1'ici31 of the 1~unicipalit1 :involuntarily acquires or had acquired prior to thG beginning 0.1' his tenure arr:Iinterezt, he shall :1Jr.mediatel;r disclose sucl11nterest to the Local Authorit;r. 10. So long as any contract between the LOCE'l Authority and the Governmont for loans (including preliminary loans) or annual contributions, or both, in connection ~rith any PI'oject remains in force and effect, or GO long tlS ~ bonds issued in connection with ff1JY Project or an::I11lGnics duo to the Govermnent. in connection wi th any Project re:nain unpaid, this Agree:ncnt shall not be abro:;nted, ehen3ed, or modified ,d thout the consent "i' the Oovcrn:tcr.t. The privileGes and obligations 0.1' the l1unioipal.l tY' hereunder shall rems.1n in full 1'01'013 and effect with respect to each i"rojeot so lonu ns tho beneficial title to ouch Proj&ct is hald by the Local. Authority or by' an::! other ~c bo~ or €OVCrnmc11tal agency, including the Government, authorized b:rlGll to engago in the deve1opmer.t or admiJl1stration or lo-..-rent housiDo; projects. If at My time the beneficial title to, or possession of, a.v Project is held by S'.lch other pUblio bodf or governrllental n:.;cncy, including the Gove<I'llllIent. tho provisions her eoi' shall inure to the benefit of and ma,y be enforced b7, such oUlar public body or governmM tal asency, 1ncludin~ the GOVerDme11t.. ~ trrTNlliS l-lHmF;OF the t-lunicipal1t7 and the Local Authority have respecti~ sir;ned this AeroomGllt and cQUsod t.~eir Goals to be affixed and Attested as oZ the da,y and year first above 1lri~ten. H . SING AUTHOrrI'L'Y OF THE COtJllTI OF .~ (j ~ SIr) ~J7. ~'A/",f.lht. " . ClwJzl;lan SEAL ATT?:~1'1 ,0 ,/./ U/YJ C/J . "lid /5.:) ItA_ /If,.. J 1/ ,'. I."'" i..! ) City Cl('.rk SF:AL ATTS31i ~i:-d? d-!~,~~~ ~ Secreta:'~ ,;.zroe.:u rcr 7 --------------- --. ~ ----~