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HomeMy WebLinkAbout05-79 .' . . -" ,~q RESOLUTION NO. .s ,... 7 9 , A RESOLUTION approving the form of cooperation agreement between the City of Port Angeles, Washington and the Housing Authority of Clallam County, and authorizing its execution. WHEREAS, it is the policy of this locality to eliminate substandard and other inadequate housing, to prevent the spread of slums and blight, and to realize as soon as feasible the goal of a decent home in a suitable living environment for all of its citizens; and WHEREAS, under the prOV1S10ns of the United States Housing Act of 1937, as amended, the Department of Housing and Urban Development is authorized to provide financial assistance to local public housing agencies for undertaking and carrying out the development and operation of low-rent housing projects that will assist in meeting this goal; and WHEREAS, pursuant to Section l5(7) (b) of the United States Housing Act of 1937, as amended, it is necessary that the City of Port Angeles enter into a Cooperation Agreement with the Housing Authority of Clallam County (hereinafter referred to as the "Local Authority") providing for local cooperation in connection with such low-rent housing project; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES, as follows: Section 1. There exists in the City of Port Angeles a need for such low-rent housing at rents within the means of low income families or persons. Section 2. The City Council does hereby approve the development, construction, and ownership by the Local Authority of the project as defined in Paragraph l(a) of the Cooperation Agree- ment, a copy of which is attached hereto and marked Exhibit "A". Section 3. The City Council, after having held a public hearing and giving all interested persons an opportunity to be heard, hereby determines, pursuant to the provisions of the Housing Cooperation Law (Section 35.83.030(10) of the Revised Code of Washington), to enter into a Cooperation Agreement in substan- tially the form attached hereto as Exhibit "A" with the Local Authority. The Mayor of the City of Port Angeles is hereby author- ized and directed to affix or impress the official seal of the City of Port Angeles thereon and to attest the same. Section 4. This Resolution shall become effective immed- iately, and need not be laid over or published or posted as pro- vided in Section 35.83.060 of the Revised Code of Washington. PASSED by the City Council of the City of Port Angeles tl ~.a. _~e_g.ul~r meeting of the Council held on the ,;;3.ua day of ~ ,1979. "-'" .........."".... ... ,. .... ~ ATTEST: . . ~ - /Vii? . , '/~ '-./ ,.' /7 H-7./~ Mar1an C. Parrish, C1ty Clerk , . -~q.,v:!J~-{ I1 Y 0 R EXHIBIT A If i ot - t ,,' Page 1 I I COOPERATION AGREENENT . , l' This Agreement entered into this ~ day between The Housing Authority of Clallam C0unty and The City of Port Angeles, W~shinr.ton (herein of [L'_"~N", 19~~, by Dnd (h~~led the "Local Authority") called the "Nunicipality") ,.itnesseth: In consideration of the mutual covenants hereinafter set forth. the parties ,hereto do agree as follows: WI. ,Whenever used in this Agreement: (a) The term "Project" shall mean any low-rent housin;?, hereafter developed or acquired by the Local Authority \.ith financial assistance of the United States of America acting through the Secretary of Housing and Urban Development (herein called the "Government"); excluding. how- ever. any low-rent housing project'covered by any contruct for loans and ann~al contributions entered into between the Local Authority and the Government. or its predecessor agencies. prior to the date of this Agree- ment. (b) The term "Taxing Body" shall mean the state or any political sub- division 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 "Shelter Rent" shall mean the total of all charge,S 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 ~tilities. (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 contracts ,with the local government 'for loans and annual contributions covering one 'or more Projects comprising approximately ~ units of low-rent housing and (b) to develop or acquire and administer such Project or Projects, each of ~hich shall be located ,within the corporate limits of the Hunicipality. The obligations of the parties ~hereto shall apply to each such Project. , ' 3. (a) Under the constitution and statutes of the State of Washin~ton, 'all Projects are exempt from all real and personal property taxes and special assess- ments levied or irnpo~cd by any Taxing Body. With respect'to any Project. so loog 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 -A..ii,.bority <lnd the Government for loans or annual contributions. or both. in ~ection with such Project remains in force and effect. or (iii) any bonds L.sued in connection with such Project remain unpaid. whichever 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 p3yments (herein called "Payments in Lieu of Taxes") in lieu of such taxes and special assessments a~d 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. EXHIBIT A ~-.~-:~ , 3. cont. (b) Each such annllal Payment in Lieu o'f Taxes sh<ll1 be mnde after the end of the fiscal year established for such Project, aud shall be in an amount equal to either (i) ten percent (10%) of the Shelter Rent charged by the Local Auth6rity in respect to such Project durIng such fiscal year or (ii) the amount permitted to be paid by applicable State lau in effect on the date such payment is made, whichever amount is the lower. . ,. , " i" ! (c) The Municipality shall distribute the Pnyments in Lieu of Tnxes "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 "e);empt from taxation bears to the total real property tay,es "hich Hould have t~ een paid to all of the Taxing Bodies for such year if the Project were not ' empt from taxation; Provided, hO:.l2ver, That no payment for any year shall , e made to any Taxing Body in excess of the nmount of the real property taxes which would have been paid to such Taxing Body for such year if the Project were not exempt from taxation. I ,]' ,J (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 accrue or attach on account thereof. 4. 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 governmental agency and is used for low-rent housing purposes, or (ii) any contract between the Local Authority and the Cove~~ent 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 Government in connection with such Project remain unpaidt whichever period is the longest, the ~lunicipality without cost or charge to the Local Authol:ity or the tenants of such Project (other than the Payments in Lieu of Ta~es):'shall: (a) Furnish or cause to be furnished to'the Local Authority and 'the tenants of such p.roject public services and facilities of the same character and to the same extent as are furnished from ti~e to time 'vithout cost or charge to other dwellings and inhabitants in the Municipality; (b) Vacate such streets, roadSt and alleys within the area of such Project as may be necessary in the development thereof, and convey 'vithout charge to the Local Authority such interest as the Nuriicipality may have in such ' vacated areas; and"in so far as it is lawfully able to do so without cost or expense to the Local Authorit-y 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 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 efficienty in the develop@ent and adQinistration of such Project, and at the same time safeguard health and safety, and (ii) make such changes in any zoning of the site and surrounding territory of such Project as are reasonable and necessary for the develop- ,nt 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 tre Local Authority by such other lawful action or ways as the NunicipaHty and the Local Authority r.tay find necessary in connection with the development and administration of such Project. · f EXHIBIT A -~ ,~. :-. -~ Page 3 . ' 5. In re~pect to any Project, the Municipa~ity forther a&r~e5 that within a r;asonable time after receipt of II written request- therefor from the -Local Authority: ,j (a) It tJill accept the deuication of all interior streets, rO.:lds, ,alleys, - i: ; and adjacent sidelv<llks ~lithin the area of stich Project, together lJith all storm and sanitary sewer mains in such dedicated areas, after the Loc::.l i Authority, at its o;.m. e:<~ense, has completed the grading, l.mprovement, I paving, and installation 'thereof in accordance with specifications accept- i able to the ~lunicipillity; {b) It will accept necessary dedications of land for, and will grade, improve pave. and provide sidewalks for. all streets bounding stich Project or .~essary to provide adequate' access tlJereto (in consideriltion whereof the 'Ilal Authority, shall pay to the Municipality such amount as would be assessed against the Project site for such work if such site ~ere privately o~ed); and (c) It will, provide, or cause to be provided, "ater mains; and storm and sanitary sewer mains, leading to s~ch Project and serving the boundin& streets th~r~of (in conside-.:ation l"hereof the local Author~ty shall pay to the Eunicip31ity such a~ount as would be assessed against the Project site for such work if such site were privately owned. 6. If by reason of the Municipality's failure or refusal to furnish or cause to be furnished any public services or facilities which it has agreed hereunder to furnish or to caus~ to be furnished t~ the Local Authority or to the tenants of any Project; the Local Authority incurs 3ny e)cpense to obtain such services or facilities then the Local Authority may deduct the a~ount of such expense from any Payments in Lieu of Taxes due or to become due to the }l~ni. pality in .respect to any Project or any other low-rent housing projects o_med or operated by the Local Authority., . 7. No Cooperation Agreement heretofore entered into betwee~ the Municipality and the Local Authority shall be construed to apply to any Project covered by this Agreement. 8. No ~e~ber,of the governing body of the Municipality or any other public, Official of the Nunicipality who exercises any responsibilities or functions with respect to any Project during his tenure or for one year thereafter shall have any interest. direct or indirect; in any Project or any property included ,or planned to be included in any project. or'any contracts in connection ,~ith such Projects or property. If any such governing body member or such other public official of the Municipality involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, he shall i=ediately disclose such interest to the Local Authority. 9. $0 long as any contract betlveen the Local Autho.ity and the Govern~ent ',. for loans (including preliminary lo~ns) or annllal contributions. or both, in connection with any Project remains in'force and effect. or so 10n6 as any bonds issued in connection with any Project or any monies 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 Municipality hereunder shall remain in full ~, rce and effect with respect to each Project so long as the beneficial title .. such Project is held by the Local Authority or by any other public body or gove~ental agency, including the Goveinment, authorized by law to engage in the develop~ent or administration of low-rent housing projects. If at any time the beneficial title to, or possession of, any Project is held by such other public body or governlnental agency, including the Government. the provisions hereof shall inure to the benefit of and may be enforced by, such other public body or governmental agency, including the Government. :-.. EXHIBIT A ~ Page 4 i. IN WITNESS WHEREOF the Municipality and the Local Authority have respec- tively signed this Agreement and caused their seals to be affixed and attested as of the day and year first above written. .... ....-- I," ..",,'" -........,::--. .....-...."" CITY OF PORT ANGELES ..... .--- . ~: ~-I~jU~.J-( ":;~:. -~ :""-- ATTEST: ~e,.~ Marian C. parrish, City Clerk HOUSING AUTHORITY OF THE COUNTY OF CLALLAM ::.. ~f. cPr'~ 7ij--~~ Cnal.rman ATTEST, QQu nMu~ - EXHIBIT A -<---- I - i ...----"