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HomeMy WebLinkAbout08-66 '~ ,.1(,..-. I I , 'RESOIlJTION NO.. $I -6 ~ RESOLUTION APPROVIIV THE APPLICATION FOR PREtIMIiiAlU LOAN AND PROORAM RESERVATION AND APPROVHG THE FORM OF COOPERATION AGREEMENT BE'IWEEN Ol'Tt-~R?: ARGELEa.AND TIlE HOUSINJ AUTHORITY OF COUNTY OF CLALLAM ArID AUTHORIZnn ITS EXECUTION. ' WHEREAS, the City of 'Clerk of the Port Ani:e1es (herein CAlled City theil' City ,II) has posted the public notice that the City Council nU on the 19t16ay of May ,1966, consider at its regular meeting a resolution for . County of an agreement, between the City and the Housing Authority of Clallam (herein called the IlLocal Authorityll), all pursuant to Section 35.83.030(10) of the Revised Code of Washington; and ' v.'HE..'!EAS,:the._~~ Authority and the Public Housing Administaation (herein c,alled the "FHA") will file an Application for a Program Reservation and for a Preliminary Loan 1 Contract for the development of a low-rent housing project in the City ; and , WHEREAS, it is the desire of the City to enter into a. Cooperation Agreement with the Incal Authority pursuant to the Housing Cooperation Law of the State of Washington; N~ THEREFORE, BE IT RESOLVED B'f THE CITY COUNCIL AS FOIJ.D.i1S: 1. The Application of the Local Authority to the PHA of a program reservation of One Hundred (100) units of Low-rent Housing to serve the needs of the C1 tv and for a Ih"eli.m:i.nary Loan in the amount of $20.000 for preliminary planning and, surveys is lmreby approved. 2. The Cooperation Agreement, a corrY of which is attached hereto and I!IaI'ked Exhibit "AII, is hereby approved both as' to 'form and substance. 3. The Mayor is hereby authorized to execute as 'many counterparts of said Cooperation Agreement as may be required by the PHA and the Clerk if hereby authorized to aJltest to said executed counterparts of the cooperation Agreement. 4. This Resolution shall take effect immediate~ and need not be laid over' or published or posted, all pursuant to Section 35.83.060 of the Revised Code'of Washington, and is in accordance wi. th the provisions of Section 35.82.070(10) of such code. //TTIrJ m J-L.. . PASSED BY mE CITY COUNCILthiS"'&:'::''tlay of .--. - - ~1f . ~1966. ~,-'~ '.'.. ..L:J. ..IJ. ~', fv') I -.~.~~.~ :12l ~ ~~ \~ Clerk ":.... .::~ :- -(&EAL) ., f,';;": "::?PRq~~. ~~MAY~ this / P'~. _,of ~, _'\ ,~..:- ~ff ~ .~. - _ -~~Fu M or'~ .------------ .~ Ji-:;/" r-' I EXHIBIT llA1I1 COOPERATION AGREEMENT This Agreement entered into this day of 1956, by and between the Housing Authori ty nfthe County 01 Clallam (herein called the IILocal Authority") and the City of ~ort Angeles, Washington (heretn called the "~lunfciptllHy"). witnesseth: In oonsideration of the mutual covenants hereinafter Bet forth, the parties hereto do agrpe as follows: 1. Whenever used in this Agreement: (a) The term "Pro,ject" s.hall mean any low-rent housing hereafter develop~~ AR ~r n~tit: b~ Lhe Local Authority with financial assistance of the Public Housing Admin- istration (herein called the "PHA"); exoluding, however, any low-rent housing projeqt covered by any contract for loans and annual contributions entered into between the Local Authority and the ~~, or its predecessor agencies, prior to the date of this Agreement. (b) The term "Taxing Body" shall mean the State or any political subdivision or taxing unit thereof in which a Project is situat~d and which would have authority to assess or levy real or personal propE'rty taxes or to ccertify such taxes to a taxing body or publio officer to ~e levied tor its use and benefit with respeot to a Project if it were not exempt from taxation. I '. OJ. t ~~ f ,_..,. (c) The ter~ "Shelter Rent" shall' mean the total of all charges to all tenants of a Project for dwelling rents and nondwelling rents (excluding all other income of such Projeot), less the cost to the Local Authority of all dwelling and nondwelling utilities. (d) The term "Slum" shall mean any area where dwell- ings predominate ~hich, by reason of dilapirlation, over- crowding, faulty arrangement or design, lack of venti- lation, light or sanitation facilities, or any combin- ation of these factors, are detrimental to safety, health, or morals. I 2. The Local Authority shall endeavor (a) to secure a con- traot or contracts with the PI~ for loans and annual contributions covering one or more Projects oomp~ising 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 Munioipality. The obligations of the parties hereto shall ap- ply to eaoh such Project. 3. (a) Under the constitution and statutes of the State of Washington all Projects are exempt from all real and personal proper- ty taxes and s[lecial assessments levied or imposed by anr Taxing Body. With respect to any Project, 50 long fiS either (i) such Proj- ect is owned by a public body or ~overnmental agency and is used for low-rent housing purposes, or (Ii) any contraot between the Local Authority and the PJ~ 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 PJIA in connection with such Pro,iect remain unl'aid, which- ever period is the longest, the Municiflal1ty agrees that it will not levy. or impos'e any real or personal property taxes or speoial as- sessments upon suoh Project or upon the Local Authority with respect thereto. During euch period, the Local Author i ty shall make annual i payments (herein called "Payments in Lieu of Taxes") in lieu of such taxes and special assessments, and in payment for the Public services and fac11i ties furnished from time to time without other cost or charge for or. with respeot to suoh Projeot. -1-. ( ". J'},.r- r' ,; I / (b) each such annual Payment in Lieu of Taxes 'shall be made after the end of the fiscal year ostahlished for such Project, and shall be in an amount eQ.ual to either (i) ten percent (10%) of the Shel ter Hent oharged by the I,ocal Authori ty in reRT"leet t.o such Project during such fiscal year, or (ii) the amountperm1~ted to be paid by applicable state law in effect on the date such payment is made, whiohever amount is the lower. (o) The Munioipality shall distribute the Payments in Lieu of TaXes among the Taxing Bodies in the proportion which the real property taxes whioh would have been paid to each Taxing Body 'for such year if the Projeot were not exempt from taxation bears to the total real property taxes which would have been paid to all of th~ Taxing Bodies for such year if the Project were not exempt from taxation; Provided, however, That no payment, for any year shall bernade to any Taxing Body in 'excess of the amount of the real property taxes which would have been paid to such Taxing Body for,such year.i,f the Proje'ct were not exempt from taxation, (d) Upon failure of the Local Authori ty 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 ~n account thereof. 4. The Munioipality agrees that, subsequent t~ ~he date of ini tiation (as defined in the United States Housing Act of 1937, as amended) of 'each Project arid within five years after the com- pletion thereof, or sllchfurther neriod 'as may be approved by the PI~, and in addition to the number of unsafe or insanitary dwell- ing units which the 1lunicipality is obligated to eliminate as a part of the low-rent 'housing project(s} heretofore undertaken by the Lo- cal Authority and identified as Project(s) No.(s) WASlI-4 2)3,there has been or will be elimination (as approved by the P}~) by demo- lition, condemnation, effective closing, or compulsory repair or improvement, of unsafe D,r insa1'lit~r:' rj'.'el:i.:.Il; units situated in the locality or metropolitan area in \mich such Project is lo- cated, substantially eQual in number to the number of newly con- structed dwelling' units provided by s.ueh 'Pro,;ect; Provided, That, . where more than one family is livi~g in an unsafe or insanitary dwelling unit, the elimination of such unit31a11 count as the elimination of units ,eQ.ual to the number of families accommodated, therein; and rrovidedt further, That this paragraph 4 shall not apply in the case of i) any Projeot developed on the site of a ' slum cleared subseQ.uent to July 15, 1949, and that the dwelling units eliminated bY the clearance of the site of such Project shall not be counted ~s elimination fo~ any other Project or any other -low-rent :housing project, or (ii) any Project located in a rural nonfarm area. , 5. During the veriod commencing with the date of the ac- quisition of ariy part'of the site or sites of any Project and con- tinuing so long as eithe~,(i) such Project is owned by a public body or governmental agency and is used for low-rent housing pur- poses, or (ii) any contract between the Local Authority and the PIa for loans or annual contributions, or both, in connection with such Project remains in force and effect, or (iii) any bonds is- sued in connection with such Project or any monies due to the P}~ in connection with such Project remain unpaid, whichever period is the longest, the Munici pal i ty wi thout cos t or charge to the Local Authori ty or the tenants of such rroj ect (other than the Payments in Lieu of Taxes) shall: (a) Furnish or cause to be furnished to the Local Au- thori ty and the tenants of such Project pUbliC services and facilities of the same character and to the same eX- tent as are furnished from time'to time without cost or charge .to other dwellings and inhabitants in the Munici- pality; -2- "F, ,,," '..~ .. ,~. (. '~.,(",!;:. ,,!. I ," I (b) Vaoat,.aob etreete, rod., aDd all.". .Ubia the a...a of .uob Projeot at ~ be a,""u, 1a the d.."lop- .'D' ther,of, aDd CODY'" wUhoU't ober.e to tbe Looal Au- "thOl'lt)r .aoh 1.llter.." AI tll, We101paU:t7 .., ha.... 1a 'GOb Taoated &l'e... aDd, 18 .0 tar .. U ... t.~ull, abl. io,40 '0 'ritlloat oo,i or .xpeu. iD the LOG.l Au.- _ tbortt7 or to tbe MaDtolpa1U1, _ue to be r8Jll0'ud troli taeb "oated ar..., b '0 far .. U .., be McetI'aJ')'. all PUbllo or pr1.." attltt, Ii... aad ..~tp..Di' (0) 1a'10 tar .. tile U.m1elpaUi7 -II&)" lawfull, do '0, U) .'I'a~" liacb d..,SaUo.. tro. tb. buUd1., code .ot ib' UUato1paltv- .. pe 'tuoU.bl, Ul1 .eoelluj to prollOil 100'0011)' aIIlt .tflcieDCQt la tilt 4""10"'.' .pd ~.iah- traUoD of ,aob Projeott ... ._ tbe .... U... .ate.ual'd bealtb alii .&fet,.... ht) _t. '.oboba.q..'lII ..., loa... ill. of the .1\. aDd .b.rt'culldl.. huttoI')" ot lum Pro~.ot .. u. rauODabl. &lid DtOe'lU7 tor tbe 4..,elo,..' a1ll1 prote~tloa of .aob 'I'OI.ot aid the .~oUB4~QJ tarrltoJ'71 (d). Aoeep", .raat. of ......au "0"'&17 fOJ" t'U 4..,,1- o_at o:t .am Projeot; am (e) Coo...rate witb thl Loul A.tho1'U,- b1 .aaob otht)' lal'flll .o~tOtl or wa1' as ttat alual.lpall'" Cd th,LoOal ,laytborU, .1187 fbd D......". 1. eonlotia. wUh ib.4e- .,.lop.... aDd ad.-1alltraUoa of eaoh projen. e. la7t1P.ot toalV Pro~oot n. Kutcipaltty tutb. .,re.. thd ""hi. a r'"oubl, U.. a:ttG' rMllpt ot a nUtea ret.at "....fot hoa the Local Aatborl b' : (a) Ii Will aooept. tbl 4e<lleat10. of all tatedOl' . drMU, rod., aU.,.,.1Id _Ja...t .1"-wal kt wUll1a tb.ar.. of .ueb ProJeot. i...iblJ' _Ub aU ,tof. aIId laDi tal')' ......r ..tM 1. .uob dtdtoaW a.r... f aUol' tb. Looal AllU.OI'U7. e:. U. owa apeD". bu co.plned th, , &l'dh.. lIlpJ'OT...at. pan... IUIll t_taUatiOD tbereot ill aCOord.... ri ib .ptDUioaUo. aooeptabll "0 tis, lfnD- tohaUt,~ (b) It .111 &Gnpt .ee...ur dldloaUoH ot 16114 :tor, ad will .rad" lapo.., pave, aDll pa'odde .ldowalb tor, 611 .tl'o.ta boalldi.. ~. ltOh P~oJ'Oi or nec...61'1. to OJ'OY14e ad....t. an... ib.....io U. oo..Ueratto. ..re- ot ibe LoeaI .athol'1ty ehall PiQ' to 'UI. Yaato1pall\7 aae noaai .. woDl4 ..-' ........, lIal.._ t1M 'I"O"IOt .Ut tor .... wo... if ..ob ,UI ..... prlva.,l, oned)) ad < . (.0)1\ w111 pl'o.,II1_, OJ' ca., to b. PI"OTlde4. ."1' ......, 8114 .tora ..... .UUU7 .nw _1.. 1,adt... .0 eaob Pro;f,et alK! .,ntac tbe bouDdtlll .i....t. thereot (in coaiderattoD Renot the Local Autborl ty .ball pa1' to tbe Holo1paltt1 Il10b ,amOh' U nald be ........ ..at..t th, Projee't I1t, tor .ll. werk if 'lIob .S:h wer. . pri...qly 0.... T .1f by r...OD ot the VlmlolpalU,te 'aUu, 01" r.taw to tanllb 01" ca.., to '" funbbtc1 ..., PQbUo ..nlol' or taol11t18. wblob U hu acned b..e&lDl1er. to rum"''' w u oau. to be taratabed to iIle Looal AuthoJ'i17 0'1' to the tlDilmti 01 uy '1'O~'01, tho Looal Aathority inoat. .., ..peo.. $0 O)'-lb.uob .*FYlo.. or t.allttl.. theta the Local AUtbOl'U,. ..,. ded.ot 'lb. uowat of .aOh upeue fro. a121 Payu..l. 1.1 Lieu o:lf.... due 01" to beoo.. du '0 ibe Mnlotpal- It, la "l]Ilot to 1m)' PI'Oj.ct or 0117 otber 1_-1'8.' hoaUre proJeotIJ 0WDt4. 01' operated ..,. tIl. Local Atlthorl'ty. " -3- .... 1I"r'r . . "~-':' , ..{;.. t "..- . ;...: ft' 8. No COOpe~.t101S Acree..trt heretolore e..tared tBto bttw... tile l{Ml01palLtY. aIld the Looal AutborUy .ball b. ooDltreed to appl., to aD)' Projeotoo.,.r~ b1 thi. Acn....t.. , 9. 80 1011& .. auy oODiraot 'b.t....D th Looal Ai11hoI'U" aDd tboPIIA tor 10atls (inolooiQl pr.UalDU7 10alll) 01' aOaual QC)D,tJ'tbu- UGn., or both, to oonneotion witb aDJ Projeot 1'...1.. fa foroe aad eUeot, or tlD lOQg 08 any bOnds 1.suedlnoonneottoll wUh aDy Proj- eot 01' o.ny lIoDin due to the PB4 it! oonDeotion with aDJ Projeot 1'8-, qUI atlpatd,. tUs Agreem.nt. ebal,l not. be abroad., t ObanceO, or ao4- ltte4 wiiboat tbe COIISent of tbePlL\. ft. prl.,tle... eat obU,a- tioH of tb. lIan101>>alU,. '.MuDder .haU 1'6_1n in ta11tOl'oe aad e!feot "tib roffpeoi to eaoh Projeot ao lore u toll. benthia! title to .ucb proJeot .. b.ld by tbe, Local Author! t1 OJ' It)' P7 011181' pUblio body or coveJ'Detnat ..dOl ,. -lDOIQdlaw. t". PBA, adbol'hed b1 -I.", to e_... tu tbe de.elop:MDt or ada1Qbtratlob of 10.-l'e.1; houiDa P1'oj- eot... It at aD7 nile the beneflat.al 'tUle to. 0," ,.....10. of, .., Project 18 be14 by ..ah other, publio body O~ 'O'f.......td "'DO)', tuolndl'D& the P1IA, the prodaloM benof 811aU lllUJ" to tile beDefU at_ _, be .nfOl'o.o '~, ... oiber ,ubUo bad1 OJ'. .o'unatrial .e.07, l.oludl.. 'tht PIlA. IN w:mrsss mEllO', tll. WlDllolp&11tJ .., the Lo'~ A.'bo~Uy ba~,.r., .p.oU~.ly li,Dee) '$hu Aar...._ ..11 ca"ell tla.ir ...., . to b. &flixld end .Unted at of dI. 4q ud ,.... f1..~ aboY, ",1 UeD. CIn 0' POU AWILIS, "ulln~amr " ., )\.lI,- \ B7 I)\) ~j" ~1' a (SIAL) AfftST: eft in' Cl,:mt ROtlSUG AU!IlOBIft 0' MCOtnffY or" ,CLALLAW f\ (~ n,._~J"" I "It_ . ' ClL\fm.rAk (SEAL) , A'ft'!S'~ ~ ' \.u.~~ '\ r sse uy-t'llBASfiUj~ I. " -.&- .-.:--j- . ~ '-"". , , QERTIFICATE I, B. B. McNeece I? C 1 Ib. ;;ch- $ . , the City Clerk of the City of w..~ h'>1r!rJ1'I , do hereby certify as follows: I 1. That on IV~ I'T 19" and Mayor of the City of l2,..r jJ."l'~/~S , when the City Council adopted the attached Resol ution No. 8-66 , it was composed of the following qualified members: yames E. Maxfield ,/ (/ns~ IT "~""-e';' -I till) , Mayor pro tern . ,/ Donald E. eornell , Councilman , v Leon~d V. SchD0eder I Councilman v Donald G. Be.ttger Councilman V' Joseph Wolfe., Councilman 2. That the attached Resolution No. 8-66___ is a true, cor- rect and conformed copy of the original Resolution on file in my office and was adopted by the following vote of the City Council: ~ ./ 4 ~ ~llSENT v' -- 2 3. That such Resolution No. 8-&6 was adopted at a reg- "ular meeting of the City Council of the 01 ty of /?~t hrt1n held in the City Hall on the /11L day of )J.1 ~ t 19 (pC,. . City , in accordan ce Wl th Code and Sec.2.3 of the provisions of (Resolution) (Ordinance) No. 1284 ,5 true copy , at the hour of )4.E ({1M. , of which (Resolution) (Ordinance) is also attached hereto. IN WITNESS WHEREOF, I have hereunto set my hand and af- fixed the official seal of the C1 ty of ;gLr j!:!.s!P'u ___.___.' this _ 2Qth day of May 19 tt. .--- ~ '-_~'..: L _ .... .......<' " ,..J..A .... .~ ,... -"- :- ----- -. / " ,.. ....... ,... -::.~ . - ---f(!YJ4v Clty Clerk C/1;/J.tt2--/ _. ... ':, .., -~ """....-:.......... "'.... ...... / (",'E^' , \~ _!.t"".....1 i .:,... - ... " ....,.... -; ~ I ~ ,. "", -, ~~1- 7/ 7 7 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PUBLIC HOUSING ADMINISTRATION BOX 3602.7 450 GOLDEN GATE AVENUE SAN FRANCISCO, CALIFORNIA 94102 May 13. 1966 Mrs. Margaret Dewar. Executive Director Housing Authority ot the County ot ClaUam 1445 South Praneis Stree~ Port Angeles. Washington 98362 near Mrs. Dewar : Subject: Cooperation Agreement ~ Port Angeles W. are torwarding in the attaohed tolder theneclllary Cooperation Agreements and accompanying documents tor fOur Authority and the Cit)" ot Port Angel.a. ,Be:tore the Hou.a1ng Author1t'y acts on the '~,Cooperation Agreement, it 18 necessary that the City act first. Once they have adopted and executed the Cooperation Agreement, the Authority can then execute it. In this way, there 18 no chance of the City changing the Agreement betore the Houeing Authority acta. ,'\", Pleaee return tour certitied. copies ot each document.a 1nc11eated.. The following document. are enclosed and should be used 1n the f order list.d. Thi8 ,Ihould be indicated to the City Counael or City Clerk. 1. ' Notice ot meeting ot the Cit7 ,Council to act upon resolution 'approving 1;he Prel1m1nary Loan and Program Reservation and Approvlngthe CooPtration Agreement and Certificate of Posting of Notice in three public places. fo ,be posted at least fiT' daya before the meeting. (We have telephoned City Manager Herman on this matter today). 2. R."olut1on approving Preliminary Loan and Program Reservation and approving Cooperation Agreement between theClty and Housing ~ Authority and. autthor1z1ng ita execution. Cooperation Agree- ment attached alS Ex:h1b1t ltA".;,need not be executed. '- ,. Certiticate ot Incumbency ot Ci'ty Council re pusage of the above resolution. Be Bure to send. four certitied copiee ot the,Reaolut1on or Ord1nance setting the time and place tor m..t~11g ot City Council &s not.ed in paragraph' of the<r.c.ll\ , Certit1cate. 4. Cooperation Agreement - to be adopted by City Council. at 88JUe meeting that adop'ta the resolution. 5. Extract ot the minutes ot a regular meeting ot the Commissioners. . J -- " , '.~. _. ~~", , ..._~ _-r ."", ~, I' "!.. 2 R0801ution approving tom ot Cooperation Agreement between the Authority and. ~h. City) and authorinng ita execution. Copy of Jcooperat1on AueeJaent. attache4 as Exhibit t'A"neea not be executed.. ~ ~ Adopt1Dgtho Resolution - 272c. ,~ Cert1ticatt ot Extrac~8 - 272d. 6. Cool8 ration Agreement maT nOli be adopted by Housing Authority. Send tour execut~' copies to our office. 7. General Certiticate. In addition to the above documents, the City Counael must furnish U8 with. an opinion in quadruplicate, rociting the Cooperation Agreement was properly adopted by City Council and tha~ such Agreement 18 a 1ep1 and b1.uding Agreement. . It there are any ~ue8tions, please do not hesitate to communioate with us. Sincerely youru, J. E a PRISIB-ZANO Regional Attorney EnclolS~e (Cooperation Agreement Documents) ." .;;- 'L/ -.' ..... .r- ... ,.y}~ .1'.-' " ;') . 'IP' .~~:,. . ~ S 2.2 ^nMlNISTJlATWN ' tih;lll he illdwlrd UllleSS Sl1ch offIcial so elects and fileS a written notice of sl1cll election with the brJard of trustees of sllch pension system am! with the city clerk (Ord. No. 1188, S 1.) Sec. 2.2. Hours of business of city offices. All public offices of the city shall remain contiuuously open for the transaction of bllSillCSS from the hours of 8 :30 AJvL until 5 :00 P.T1L i\'fonday through :Friday, inclusive, of each week. On Sat- urdays awl Sund;IYs of each week all Sl1eh public offices shall be closed. (Orel. No, 1249, S 1.) Sec. 2.3. Meetings of city council,~ The reg-illar meetings of the city council .shall be held on the first atHl third Thursdays of each month. Such meetings shall be heJeI ill the coullcil room of tht city at the police station in the city at the hour of i :30 P.l\L If the dale of any such regular meeting of the city council shall fall upon a legal holiday, snch meet ing shall be held upon the next succeeding business day. (Ord. No. 1284, S 1.) Sec. 2.4. City treasurer to mail notice when assessment or installment payable.3 vVl1cnever any ass('ssmcnt or installment sh,,1l become (Jue and pa}'able,. the city Ir('asurcr shall mail a notice thereof to the owner of the property assessed when the post office address of sHch owner is known, 1mt failure to mail the same shall in lIO way affect the validity of the assessment lien. (Ord. No. 934, S q Sec. 2.5. Oity engineer to mail notice of hearing on pro- posed improvements and assessment rolls. The city engineer shall mail all notices of hearing on proposed " improvements and assessment rolls required by law to be mailed, and shall make ::\ll certificates of mailing required by law and file the same with the city clerk. (Ord. No. 934, S 1.) 2. For slate law a~ 10 cily council meetings in second class cities gen- erally, ~(;C. R C. 'vV" S 35.23,2:'>0. As to council meetings under council- matwgf'r plan, s('c R. C. \V" ~ :15.18,)70. 3. For slale law :IS 10 local impro\'el11ents, see n. c. \V., chs. 35.'1:1, 35,H, :l!i.45. 35.48, <lfi.1\J, il5,5U, :l5.:;3, :l5.5.1, 35,55, 35,56. 7 S 2.5