HomeMy WebLinkAbout5.17 Original ContractAPRIL 7, 1992
THE MAJORITY OF THE CONTENTS OF THIS FILE HAVE BEEN REMOVED FOR
THE PURPOSE OF HAVING THEM MICROFILMED.
35.82.260 Title 35: Cities and Towns
1941 c 69 3; Rem. Supp. 1941 6889 -23c. Formerly
RCW 74 24.260.]
35.82.270 Powers are additional. The powers con-
ferred by RCW 35.82.240 through 35 82.270 shall be in
addition and supplemental to the powers conferred by
any other law, and nothing contained herein shall be
construed as limiting any other powers of any housing
authority. [1965 c 7 35.82 270. Prior: 1941 c 69 4;
Rem. Supp. 1941 6889 -23d. Formerly RCW
74.24 270.]
35.82.280 Supplemental projects. Except as limited
by this section, an authority shall have the same powers
with respect to supplemental projects as hereinafter in
this section defined as are now or hereafter granted to it
under this chapter with respect to housing projects.
No funds shall be expended by an authority for a
supplemental project except by resolution adopted on
notice at a public hearing as provided by chapter 42.32
RCW, supported by formal findings of fact incorporated
therein, establishing that:
(1) Low— income housing needs within the area of
operation of the authority are being or will be ade-
quately met by existing programs; and
(2) A surplus of funds will exist after meeting such
low— income housing needs.
Expenditures for supplemental projects shall be lim-
ited to those funds determined to be surplus.
"Supplemental project" for the purposes of this chap-
ter shall mean any work or undertaking to provide
buildings, land, equipment, facilities, and other real or
personal property for recreational, group home, halfway
house or other community purposes which by resolution
of the housing authority is determined to be necessary
for the welfare of the community within its area of
operation and to fully accomplish the purposes of this
chapter. Such project need not be in conjunction with
the clearing of a slum area under subsection (9)(a) of
RCW 35.82 020 or with the providing of low— income
housing under subsection (9)(b) of RCW 35.82.020.
[1971 ex.s. c 300 2.]
35.82.285 Group homes or halfway houses for
released juveniles or detielopmentally disabled. Housing
authorities of first class counties created under this
chapter may establish and operate group homes or half-
way houses to serve juveniles released from state juvenile
or correctional institutions, or to serve the developmen-
tally disabled as defined in 42 U.S.C. 2670, 85 Stat.
1316. Such authorities may contract for the operation of
facilities so established, with qualified nonprofit organi-
zations as agent of the authority.
Action under this section shall be taken by the
authority only after a public hearing as provided by
chapter 42.30 RCW- In exercising this power the
authority shall not be empowered to acquire property by
eminent domain, and the `ate lities established shall
comply with all zoning, b buildlna fire, and health regula-
tions and procedures applicable in the locality. [1973 1st
ex.s. c 198 2.]
[Trt&e 35 -p 234]
Effective date -1973 1st ex.s. c 198: See note following RCW
13 06 050.
35.82.900 Short title. This chapter shall be known
and may be cited as the "Housing Authorities Law."
1965 c 7 35 82.900. Prior: 1939 c 23 1.]
35.82.910 Chapter controlling. Insofar as the provi-
sions of this chapter are inconsistent with the provisions
of any other law, the provisions of this chapter shall be
controlling. [1965 c 7 35 82.910. Prior: 1939 c 23
26.]
Chapter 35.83
HOUSING COOPERATION LAW
Sections
35 83 005 Short title.
35 83 010 Finding and declaration of necessity.
35.83 020 Definitions.
35 83 030 Cooperation in undertaking housing projects.
35 83 040 Agreements as to payments by housing authority.
35 83 050 Advances to housing authority.
35 83 060 Procedure for exercising powers.
35 83 070 Supplemental nature of chapter.
Housing authorities law Chapter 35 82 RCW.
35.83.005 Short title. This act may be referred to as
the "Housing Cooperation Law." [1965 c 7 35 83.005.
Prior: 1939 c 24 1; RRS 6889 -31.]
35.83.010 Finding and declaration of necessity. It has
been found and declared in the housing authorities law
that there exist in the state unsafe and insanitary hous-
ing conditions and a shortage of safe and sanitary dwell-
ing accommodations for persons of low income; that
these conditions necessitate excessive and disproportion-
ate expenditures of public funds for crime prevention
and punishment, public health and safety, fire and acci-
dent protection, and other public services and facilities;
and that the public interest requires the remedying of
these conditions. It is hereby found and declared that the
assistance herein provided for the remedying of the con-
ditions set forth in the housing authorities law consti-
tutes a public use and purpose and an essential
governmental function for which public moneys may be
spent, and other aid given; that it is a proper public pur-
pose for any state public body to aid any housing
authority operating within its boundaries or jurisdiction
or any housing project located therein, as the state pub-
lic body derives immediate benefits and advantages from
such an authority or project; and that the provisions
hereinafter enacted are necessary in the public interest.
[1965 c 7 35.83.010. Prior: 1939 c 24 2; RRS
6889 -32. Formerly RCW 74.28.010.]
35.83.020 Definitions. The following terms, whenever
used or referred to in this chapter shall have the follow-
ing respective meanings, unless a different meaning
clearly appears from the context:
(I) "Housing authority" shall mean any housing
authority created pursuant to the housing authorities law
of this state_
(2) 'Fiousa project' shall mean any work or under-
taking c` a housing authority pursuant to the housing
authorities law or any similar work or undertaking of the
federal gove,:,m?ent.
(3) 'State public body" shall mean any city, town,
county, municipal corporation, commission, district,
authority, other subdivision or public body of the state.
(4) "Governing body" shall mean the council, the
commission, board of county commissioners or other
body having charge of the fiscal affairs of the state pub-
lic body.
(5) "F government" shall include the United
States of America, the United States housing authority,
or any other agency or instrumentality, corporate or
otherwise, of the United States of America. [1965 c 7
35.83.020. Prior: 1939 c 24 3; RRS 6889 -33. For-
merly RCW 74.28.020.]
35.83.030 Cooperation in undertaking housing pro-
jects. For the purpose of aiding and cooperating in the
planning, undertaking, construction or operation of
housing projects located within the area in which it is
authorized to act, any state public body may upon such
terms, with or without consideration, as it may
determine:
(1) Dedicate, sell, convey or lease any of its interest in
any property, or grant easements, licenses or any other
rights or privileges therein to a housing authority or the
federal government;
(2) Cause parks, playgrounds, recreational, commu-
nity, educational, water, sewer or drainage facilities, or
any other works which it is otherwise empowered to
undertake, to be furnished adjacent to or in connection
with housing projects;
(3) Furnish, dedicate, close, pave, install, grade,
regrade, plan or replan streets, roads, roadways, alleys,
sidewalks or other places which it is otherwise empow-
ered to undertake;
(4) Plan or replan, zone or rezone any part of such
state public body; make exceptions from building regu-
lations and ordinances; any city or town also may
change its map;
(5) Cause services to be furnished to the housing
authority of the character which such state public body
is otherwise empowered to furnish;
(6) Enter into agreements with respect to the exercise
by such state public body of its powers relating to the
repair, elimination or closing of unsafe, insanitary or
unfit dwellings;
(7) Employ (notwithstanding the provisions of any
other law) any funds belonging to or within the control
of such state public body, including funds derived from
the sale or furnishing of property or facilities to a hous-
ing authority, in the purchase of the bonds or other
obligations of a housing authority; and exercise all the
rights of any holder of such bonds or other obligations;
(8) Do any and all things, necessary or convenient to
aid and cooperate in the planning, undertaking, con-
struction or operation of such housing projects;
(9) Incur the entire expense of any public improve-
ments made by such state public body in exercising the
powers granted in this chapter;
lousing Cooperation Law
35.83.070
(10) Enter into agreements (which may extend over
any period, notwithstanding any provision or rule of law
to the contrary), with a housing authority respecting
action to be taken by such state public body pursuant to
any of the powers granted by this chapter. Any law or
statute to the contrary notwithstanding, any sale, con-
veyance, lease or agreement provided for in this section
may be made by a state public body without appraisal,
advertisement or public bidding: Provided, There must
be five days public notice given either by posting in three
public places or publishing in the official county newspa-
per of the county wherein the property is located; and
(11) With respect to any housing project which a
housing authority has acquired or taken over from the
federal government and which the housing authority by
resolution has found and declared to have been con-
structed in a manner that will promote the public inter-
est and afford necessary safety, sanitation and other
protection, no state public body shall require any
changes to be made in the housing project or the manner
of its construction or take any other action relating to
such construction. [1965 c 7 35.83.030. Prior: 1939 c
24 4; RRS 6889 -34. Formerly RCW 74.28.030.]
35.83.040 Agreements as to payments by housing
authority. In connection with any housing project located
wholly or partly within the area in which it is authorized
to act, any state public body may agree with a housing
authority or the federal government that a certain sum
(in no event to exceed the amount last levied as the
annual tax of such state public body upon the property
included in said project prior to the time of its acquisi-
tion by the housing authority) or that no sum, shall be
paid by the authority in lieu of taxes for any year or
period of years. [1965 c 7 35.83.040. Prior: 1939 c 24
5; RRS 6889 -35. Formerly RCW 74.28.040.]
35.83.050 Advances to housing authority. Any city,
town, or county located in whole or in part within the
area of operation of a housing authority shall have the
power from time to time to lend or donate money to
such authority or to agree to take such action. Such
housing authority, when it has money available therefor,
shall make reimbursements for all such loans made to it.
1965 c 7 35.83.050. Prior: 1939 c 24 6; RRS
6889 -36. Formerly RCW 74.28.050.]
35.83.060 Procedure for exercising powers. The
exercise by a state public body of the powers herein
granted may be authorized by resolution of the govern-
ing body of such state public body adopted by a majority
of the members of its governing body present at a meet-
ing of said governing body, which resolution may be
adopted at the meeting at which such resolution is
introduced. Such a resolution or resolutions shall take
effect immediately and need not be laid over or pub-
lished or posted. [1965 c 7 35.83.060. Prior: 1939 c 24
7; RRS 6889 -37. Formerly RCW 74.28.060.]
35.83.070 Supplemental nature of chapter. The pow-
ers conferred by this chapter shall be in addition and
supplemental to the powers conferred by any other law.
[Title 35 -p 2351
STATE OF WASHINGTON
ss
Clallam of County
WITNESS my hand and official seal this day of (C 2,4,:_
I, the undersigned City Clerk of the City of Port Angeles, Washington, do
hereby certify that the Cooperation Agreement the City of Port Angeles entered
into with the Housing Authority of the County of Clallam on January 20, 1970
remains in full force and effect.
City Clerk of the City of Port Angeles,
Washington
1976..
7 ifs
INFORMATION
HOUSING AUTHORITY OF r HF, COUNTY OF CI ALL AM
Port Angles, Washington 98362
I AIN OFFICE
2603 SOUTH FRANCIS STREET
PHONE 457-7177
The Housing Aut' ority of the County of Clallam consists of 100 dwelling
units for low- income families and 110 apartments for low- income elderly people.
The family hous ng including one, two, three and four bedroom units
is located between Eunice and Francis Streets from Lauridsen Blvd to Park Avenue.
There are single houses, duplexes and fourplexes with both one and two
story dwellings. The snits are unfurnished except for an electric range
and are heated either by electric units or oil furnaces. Water and garbage
are included in the rent and the tenant pays his own electricity and/or, oil.
To be eligible there must be a family unit and income as follows:
Family Size Income Per Year
Two $15000
Three 5650
Four 6250
Five 6750
Six 7250
Seven 7750
Eight 8250
The apartments for the elderly are in two locations. The Manor at
2na and Peabody as a four story building with 70 apart._: nts and the Villa
at 5th and Peabody with 1 10 apartments in a two story building. Both of
the buildings have community rooms, libraries and laundry rooms. Electric
ranges, refrigerators and drapes are furnished. ;_ectric heat in all
apartments is a flat rate of $10.00 per month. To be eligible an applicant
must be at least 62 years of age or permanently disabled or handicapped.
The income limit is ~$3750 for one person or $5000 per year for a couple...
with assets of not more than $6,000.00. Personal property is not considered
an asset.
References from former landlords are required and it is the responsibility
of the applicant to provide the office with the names and addresses when requested.
If found to be ineligible applicant ?nll bd notified in writing as soon as
the determination is made. The complete statements of occupancy policy and
grievance procedure are posted in all offices for your inspection and infsn Ina tion.
There are no dogs allowed in any of the project locations.
We do request and it is to your advantage to keep the office informed
as to any changes in circumstance including change of address while on the
waiting list.
.S ('7 Y' .1..•.
JI
I, Marian C. Parrish the City Clerk of the City of
Port Angeles Washington do hereby certify as
follows:
1. That on March 6 19 78 when the City Council and Mayor
of the City of Port Angeles
No. 11 -78
AYES
of the City Council of the City of
C E R T I F I C A T E
adopted the attached Resolution
it was composed of the following qualified members:
Sam Haguewood Mayor
Earl Anderson Councilmember
Carole Boardman Councilmember
Harold Buck Councilmember
Dorothy Duncan Councilmember
John Hordyk Councilmember
Richard Wray Councilmember
2. That the attached Resolution No. 11 -78 is a true, correct and
conformed copy of the original resolution on file in my office and was adopted by
the following vote of the City Council:
NOES ABSENT
Unanimous vote in favor of the None
motion
3. That such Resolution No. 11 -78 was adopted at a regular meeting
Port Angeles held in the
City Hall on the 6th day of March 19 78 at the
hour of 7:30 P.M. in accordance with the provisions of
Ordinance No. 1957 a true copy of which Ordinance is also attached
hereto.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of the City of 1 r 6 rxL r'/ this i' day
of )tevc- 19 7f
A 40.61c1 Wv
City Clerk
RESOLUTION NO. it —7A
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 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 1(a) of the Cooperation Agreement, a copy of which is attached
hereto and marked Exhibit "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 ADOPTED this 6th day of March, ,)978.
(SEAL)
ATTEST:
Cam.
(Signature)
City Clerk
(Title)
inat'ure) U
MAYOR
(Title)
42/-(
Page 1
COOPERATION AGREEMENT
This Agreement entered into this day of March 19 78, by and
between The Housing Authority of Clallam County (herein called the "Local Authority
and The City of Port Angeles, Washington (herein called the "Municipality witnesseth:
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" 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 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 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 115 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 Projects are exempt from all real and. personal propertytaxes and special 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 (i 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 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 Project 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;
(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 sz:ch 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.
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 accept 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 provice adequate access thereto (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); and
(c) It will provide, or cause to be provided, water 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 incurs any expense to obtain
such services or facilities then the Local Authority 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
this 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 engace
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 provis ins hereof
shall inure to the benefit of and may be enforced by, such other public body or
governmental agency, including the Government.
k- FRJB -52418
Page 4
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.
(SEAL)
Attest:
(SEAL)
Attest:
(Title)
(Title)
(Corporate Name of Municipality)
BY
(Corporate Name of Local Authority)
BY
(Title)
(Chairman)
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-
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.
ATTEST:
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.
'af e,
City Clerk
Approved as to form:
City Attorney
Published: January 29, 1978
ORDINANCE NO. 757
aktit-7 .1/lam ;t11'CJ� i
MAYOR
Page 1
COOPERATION AGREEMENT
This Agreement entered into this day of March 1978 by and
between The Housing Authority of Clallam County (herein called the "Local Authority
and The City of Port Angeles, Washington (herein called the "Municipality witnesseth:
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" 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 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 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 115 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 Projects are exempt from all real and personal property taxes and special 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.
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 (107) 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 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 Project 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 period 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;
(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 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-
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.
Page 3
5: In respect to any Project, the Municipality forther agrees that within a
reasonable time after receipt of a written request therefor from the Local Authority:
(a) It will accept 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 provide adequate access thereto (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); and
(c) It will provide, or cause to be provided, water 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 incurs 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
this 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 Authority.
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.
rage 4
TN 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.
(SEAL)
Attest:
BY
'11+1,teiset■ g- L ee-4
(Title) d
(SEAL)
Attest:
(Title)
(Corpora a ame of Municiptity)
ll�
ri
Housing Authority of the County of Clallam
(Corporate Name of Local Authority)
BY
(Chairman) a
I, Marian C. Parrish the City Clerk of the City of
Port Angeles Washington do hereby certify,as
follows:
1. That on 19 78 when the City Council and Mayor
,of City of Port.Ange -les adopted the attached Resolution
No. /9-7g
it was composed of the following qualified- members:
2. That the attached Resolution No. /9.-22? is a true, correct and
conformed copy of the original resolution on file in, my office and was adopted by
the following vote of the City Council:
AYES
Unanimous vote in favor of the
motion
3. That such Resolution No. /9-78
of the City Council of the City of
C E R T I F I C A T E
,Sam Haguewood -Mayor
°Earl -Anderson Councilmember
Carole. Boardman Councilmember
Harold Buck Councilmember
Dorothy Duncan Councilmember
,John Hordyk Councilmember
Richard Wray Councilmember
NOES ABSENT
was adopted at a regular meeting
Port Angeles held in the
City Hall on the 40A/y# day of tQh rev 19 78 at the
hour of 7 :30 P.M. in accordance with the provisions of
Ordinance No. /957 a true copy of which Ordinance is also attached
hereto.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of the City of this e 1 Ird day
of 19 PB
City Clerk
ORDAIN •AS' •FOLLOWS
O *dipance .Nos. 1670, 1878 and °1911:; copies of ihich .are
,attached hereto •'and which are by this reference incorperatec herein
are •h'ereby, .amended to read as- follows:
•'Section��Iv The regular meetings of the City Council of
•the City:of'PortAngeles shall be held on the'first!.and
1978.•
ATTEST:
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 CITYCOUNCIL OF THE CITY OF ANGELES DOES HEREBY.
"third Tuesdays of each month beginning at 7:30
meetings shall be held in the City Council Chambersat1134
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-- 1
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„
Zeff.-:e et e.
City Clerk
Approved as to form:
A4J
City Attorney
Published: January 29, 1978
ORDINANCE NO. 1
MAYOR
./2/<<c:C f �9 /f Ctt�'<<f�-r
v
0
Dated this
day of
Ai
Respectfully submitted
C. 1'. Walrath, City Attorney
an
TOURIST MECCA OF THE NORTIIWEST
140 WEST FRONT STREET PORT ANGELES, WASHINGTON 98362
As an Attorney for L,/ ftig/Areelec
�,1 �,1��,�`�•,�� /�+prGbra{
my opinion has been requested regarding theoCooperation Agr4ep)ent w� has been
entered into between the Housing Auth rity f the 694mile dt e�'ha /at,,�
and the (City) of P�- �f it��oc
I have examined the Cooperation Agreement which is dated 2A o2
rySk�� /p
and the proceedings which approved the Agreement and authorized its execution.
It is my opinion the Resolution(s) and the proceedings which approved the
Agreement and the manner in which it has been e ecuted are proper and in
accordance with the laws of the State of
that the Agr ment constitutes a legal and bindin_Eobligation of the
B P S
in accordance with the terms thereof.
furthe
19
9
'3'
STATE 'OF WASHINGTON
4
,County of Clallam
:Howard V. Doherty,' being" t duly sworn on ,.oath, ..deposes' -and
6
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21.
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says:
-Washington, over the• =age of 18• years, rot= a -party to the :below entitled pro-
ceeding and competent to be a witness therein.
On the 16th day of March, 1978, at'the request,of "The Housing
Authority of County of Clallam,'I•posted true copies of NOTICE OF
at the following places:
AffvdlPosting
SS.
AFF-I. DAVXL of P.OSTING
citizen' of the 'ignited `States America the State of
1. In'the lower Iobbg of the•Clallam County Courthouse,
Port Angeles, Washington;
2. In the upper lobby of the Clallam County Courthouse,
.Port Washington;
3. In the lobby of the City Hall, Front Oak Streets,
Port Angeles, Washington
V ad {.1� L �M Ch J' 8 F Cb
SWORN to and SUBSCRIBED before me-this
MEETING
ti 4
Notary Public i*i i•.for �`tlje,' $6ate o
Washington, residk eat ;t,,,gngeles; 4 1 1
Washington. J ‘).\\-59a
HOWARD V. DOHERTY
JOHN H. DOHERTY
LAWYERS
212 EAST FIFTH STREET
PORT ANGELES, WASH. 9E1362
PHONE 452-2391
DATED this 16th day of March, 1978.
�t�e. �tsi�? �i5vaz. a,: �x��"' �Im�? F< 'xka��e�r�.hr•.- .a.w.x- s- z..:e� ��:�e:....,a•...:....t.�.,.,s..
NOTICE OF MEETING
NOTICE IS HEREBY GIVEN:
That areeting of the City Council of the City of. Port Angeles, Washington,
and of representatives of the Housing Authority of Clallam County, Washington,
will be held in the City Council chambers at 134 W. Front Street, in Port
•Angeles, on Tuesday, the 21st day of March, 1978, at 8:00 P.M.;
then and there to consider a rasolution approving a Co -Oper ation Agreement
between the City and the Housing Authority; and authorizing the execution
of such Agreement.
Copies of such Agreement are presently on file in the offices of such
city and housing authority and may be examined on request prior to and at such
meeting.
This Notice is•given pursuant to RCW 35.83.030 (10).
HOUSING AUTHORITY OF CLALLAM COUNTY
By:
Its Attorneyyherty
'12:14141'
V
r
ATTEST:
a
,ca r ourwr a
RESOLUTION NO. old
j
A RESOLUTION. approving application-" for preliminary
loan for low -rent public housing
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 United States of America, acting through the Secretary
of Hoijsing and Urban Development (herein called the "Government is
authorized to provide financial assistance to local public housing agencies
for undertaking and carrying out preliminary planning of low -rent housing
projects that will assist in meeting this goal; and
WHEREAS, the Act provides that there shall be local determination
of need for low -rent housing to eet needs not being adequately met by
private enterprise and that the tovernment shall not make any contract
with a public housing agency for preliminary loans for surveys and planning
in respect to any low -rent housing projects unless the governing body of
the locality involved has by resolution approved the application of the
public housing agency for such preliminary loan; and
WHEREAS, the Housing Authority of Clallam County (herein called the
"Local Authority is a public housing agency and is applying to the Govern-
meat for a preliminary loan to cover the costs of surveys and planning in
connection with the development of low -rent housing;
NOW, THEREFORE,.be it resloved by the City Council of the City
of: Angeles as- follows s,:
1. That there p fists in the City of Port Angeles a need for
such low -rent housing which "is not being met by private enterprise;
2. That the application of the Local Authority to the Government
for a preliminary loan in an amount not to exceed $23,000.00 for surveys
'and planning in connection with low -rent housing projects of not to exceed
,approximately 115 dwelling units is hereby approved.
PASSED by the City Council of the City of Port Angeles, Washington
this Al day of March, 1978,
14F.Y.est.) e 4
City Clerk
MAYO 4%
2
d
City Clerk
(Title)
A RESOLUTION approving the for 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 provisions of the United States Housing Act
of 1937, as amended, the DYpartmentiof 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 thee 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 parsons°
2. The City Council does hereby approve the development, construc-
tion, and ownership by the Local Authority of the project as defined in
Paragraph 1(a) of the Cooperation Agreement, a copy of which is attached
hereto and marked Exhibit "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 uereby 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
.pot be laid over or published or posted as provided in Section 35.83.060 of
the Revised Code of Washington.
PASSED \AND,, p?TED this AI
f
T
i e
i i MAYOR
(Title)
(SEAL)
ATTEST:
(Signature)
day of March, 97g.
14Pti
(Siature)