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Home My WebLink About11-78 :~ ';;r -~,' . . RESOLUTION NO. 11-7~ A RESOLUTION approving the form of cooperation agreement between the City of Port Angeles, Washington and the Housing Authority of Clal1am 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 provisions 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 15(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 coopera- tion in connection with such low-rent housing project; now therefore, BE IT RESOLVED by the City Council as follows: 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. 2. The City Council does hereby approve the development, construc- tion, and ownership by the Local Authority of the project as defined in Paragraph l(a) of the Cooperation Agreement, a copy of which is attached hereto and marked Exhi bi t "A." 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 substantially the form attached hereto as Exhibit "A" with the Local Authority. The Mayor of the City of Port Angeles is hereby authorized and directed to execute such Cooperation Agreement in the name and on behalf of the City of Port Angeles and the City Clerk is hereby authorized and directed to affix or impress the official seal of the City of Port Angeles thereon and to attest the same. 4. This Resolution shall become effective immediately, and need not be laid over or published or posted as provided in Section 35.83.060 of the Revised Code of Washington. PASSED AND ADOP~ED" this 6th day of ~March 1978. ',..__..~ I ~ ~ /J /.~. /J.' / " ..' -.. , ~ ~ ~~~ ~;/ r.~....: ,.. (Si gna ure t7 ........ ~~.... -:.,- ..;0....... ""-r,., ""- .... : ~ ---:. "'- MAYOR (Title) ( SEAL:)~"-r. . -. ..: ........... \.......-- ........ " .- ATTEST: /);-'L;~ ~.~" &. ~ (Sfg~~ City Clerk (Title) , , I l -," 5.17 Page COOPERATION AGREEMENT In consideration of the mutual covenants hereinafter set forth, the parties hereto do agree as follows: 1. Whenever used in this Agreement: (a) The term "Project" shall mean any low-rent housing hereafter developed-or acquired 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"); excluding, how- ever, any low-rent housing project covered by any contract for loans and annual 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" shan mean the total of all charges 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 utilities. (d) The term "Slum" shall mean any area where dwellings predominate which, by reason of d'ilapidation, 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 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 Proj ects are exempt from all real and p.er~onal pr:-oper_1;y taxes and speci a 1 assess- ments levied or imposed by any Taxing Body. With respect to any Project, 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 (iii) any bonds issued 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 payments (herein called "Payments in Lieu of Taxes") in lieu of such taxes and special assessments and 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" " ;~ ; HUD-52481 Page 2 3. cont. . (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 amount 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 (:h),~bheamount 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 property 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 if the Pnoject were not exempt from taxation; Provided, however, That no payment for any year shall be.made 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 if the Project were not exempt from taxation. (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 Government 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 unpaid, whichever peiod is the longest, the Municipality without cost or charge to the Local Authority or the tenants of such Project (other than the Payments in lieu of Taxes) shall: (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 in the development thereof, and convey without charge to the Local Authority such interest as the Municipality 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 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; , I (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 development and administration of suer. 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- ment 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 Authority 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. . r '\=;~ ',- ~ I I HUD-52481 Page 3 5. In respect to any Project, the Municipality further agrees that within a reasonable time after receipt of a written request therefor from the local Authority: (a) It will ac~ept the dedication of all interior streets, roads, alleys, and adjacent sidewalks within the area of such Project, together with all storm and sanitary sewer mains in such dedicated areas, after the Local Authority, at its own expense, has completed the grading, improvement, paving, and installation thereof in accordance with specifications accept- able to the Municipality; (b) It will accept necessary dedications of land for, and will grade, improve pave, and provide sidewalks for, all streets bounding such Project or necessary to provic'e adequate access thereto (inconsideration whereof the Local Authority, shall pay to the Municipality such amount as would be assessed against the Project site for such work if such site were privately owned); and ~ (c) It will provide, or cause to be provided, wate~ mains, and storm and sanitary sewer mains, leading to such Project and serving the bounding streets thereof (in consideration whereof the local Authority shall pay to the Municipality such amount 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 cause to be furnished to the local Authority or to the tenants of any Project, the local Authority i~curs any expense to obtain such services or facilities then the Local Authority-may deduct the amount of such expense from any Payments in Lieu of Taxes due or to become due to the Muni- pality in respect to any Project or any other low-rent housing projects owned or operated by the local Authority. 7. No Cooperation Agreement heretofore entered into between the Municipality and the Local Authority shall be construed to apply to any Project covered by thi s Agreement. 8. No member of the governing body of the Municipality or any other public official of the Municipality 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 with 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 immediately disclose such interest to the local Authrotiy. 9. So long as any contract between the Local Authority and the Government for loans (including preliminary loans) or annual contributions, or both. in connection with any Project remains in force and effect, or so long 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 force and effect with respect to each Project so long as the beneficial title to such Project is held by the Local Authority or by any other public body or . governmental agency, including the Government, authorized by law to engage in the development 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 governmental 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. . . " '~HtID-52418 r 'Page 4 .....~ .". J IN WITNESS WHEREOF the Municipality and the Loca1 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. (SEAL) I Attest: (Title) (SEAL) Attest: (Title) I -j (Corporate Name of Municipality) BY (Title) (Corporate Name of Local Authority) BY ( Cha i rman) l ,~ ......,;.1'!\ l",$;;' (t '1' .........-- i I I ."", -", .. ---... ..'.... '" -- '-~, - .......................---- ~....- - .--. ". ,. ... . ORDINANCE NO. 1'751 AN ORDINANCE amending Ordinance Nos 1670, 1878 and 1911 of the City of Port Angeles estab- lishing the time, date and meeting place of the City Council. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN AS FOLLOWS: Ordinance Nos. 1670, 1878 and 1911, copies of which are attached hereto and which are by this reference incorporated herein, are hereby amended to read as follows: Section I. The regular meetings of the City Council of the City of Port Angeles shall be held on the first and third Tuesdays of each month beginning at 7:30-P.M. Such meetings shall be held in the City Council Chambers at 134 West Front Street in Port Angeles, If the date of any such regular meeting of the City Council shall fall upon a legal holiday, such meeting shall be held either on the pre- \ I \ ceding business day or on the succeeding business day. Notice of the day selected for the meeting shall be given to the local news media at least twenty"~four (24) hours prior to the meeting. PASSED by the City Council of the City of Port Angeles at a regular meeting of the City Council on the 9th day of January, 1978. , I . \, 'I' . '.; I -- ,.,.,',..........., / '. ''F ATTEST: : I ;/] ., C,: ' , ,f)z.tr ~~';c .~,t.' e. l;;"';'h <'-<'_,,& City Clerk - - -.- _.~._~----..........- - - - . Approved as to form: Published: January 29, 1978 '.~ -,,,,-,,,-,--,, -......--..... --'-- ..-~----- ''''~