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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 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21. 22 23 24 25 26 27 28 29 30 31 32 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)