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HomeMy WebLinkAbout3581 Ordinance r ORDINANCE NO. 3581 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, PROVIDING FOR THE RE-CREATION OF A CITY HOUSING AUTHORITY AND EMPOWERING IT TO ACT AS A COMMUNITY RENEWAL AGENCY, HEREBY CREATING THE "PASCO COMMUNITY RENEWAL AND HOUSING AUTHORITY" AND ADOPTING A NEW CHAPTER 2.36A "PASCO COMMUNITY RENEWAL AND HOUSING AUTHORITY." WHEREAS, the City of Pasco had prior to September 8, 1981, maintained a City housing authority. On September 8, 1981, a Joint City- County Housing Authority was created empowering that joint housing authority to exercise all rights referred to under Chapter 35.82 RCW; and WHEREAS, by Ordinance No. 3580 passed on November 18, 2002, the City Council dissolved the joint housing authority effective February, 2003; and WHEREAS, it is the intent of the City Council to reconstitute an agency qualifying under Chapter 35.82 RCW as a housing authority for the City of Pasco, Washington, to fulfill all functions and exercise all powers provided therein; and WHEREAS, the City Council also has by Resolution No. 2708, determined that pursuant to RCW 35.81.050, blighted areas exist within the City limits of the City of Pasco, and that rehabilitation and redevelopment of such areas is necessary and in the best interests of the residents of the City of Pasco, Washington; and WHEREAS, it is the request and intent of the City Council that the reconstituted housing authority be empowered to exercise the duties, functions and powers of a Community Renewal Agency as provided by RCW Chapter 35.81; and WHEREAS, the City Council has found and does reassert that there still remains unsanitary or unsafe inhabited dwelling accommodations existing within the City of Pasco, and that there is a shortage of safe or sanitary dwelling accommodation within the City of Pasco available to persons of low income at rental rates that they can afford.and that there is a shortage of safe and sanitary dwellings, apartments, mobile home parks or other living accommodations available for senior citizens and other needy citizens of the City of Pasco; and WHEREAS, it has been determined by the City Council that the most efficient and effective means of meeting all of these needs is for a single agency which can comprehensively address both these housing needs of the City and address the blighted conditions which exist in the City as a single consolidated agency to be known as "The Pasco Community Renewal and Housing Authority,"; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That a new Chapter 2.36A entitled "Pasco Community Renewal and Housing Authority" of the Pasco Municipal Code, shall be and hereby is adopted and shall read as follows: CHAPTER 2.36A PASCO COMMUNITY RENEWAL AND HOUSING AUTHORITY Sections 2.36A.010 Creation of Pasco Community Renewal and Housing Authority - Purpose. 2.36A.020 Membership of Commission. 2.36A.030 Operation. 2.36A.040 Officers. 2.36A.050 Other Officers and Employees. 2.36A.060 Delegation of Authority. 2.36A.070 Removal of Commissioners. 2.36A.080 Property of Pasco Community Renewal and Housing Authority. 2.36A.090 Programs and Expenditures. 2.36A.100 Allocation of Costs. 2.36A.110 Powers. 2.36A.010 CREATION OF PASCO COMMUNITY RENEWAL AND HOUSING AUTHORITY - - PURPOSE. There is hereby created the Pasco Community Renewal and Housing Authority (PCRHA) for the purpose of exercising public and essential government functions, powers and authorities conferred by Chapter 35.82 RCW (Housing Authorities Law) and Chapter 35.81 RCW (Community Renewal Law) together with such other and additional powers and authorities as may be conferred by the City Council of the City of Pasco, Washington, and such other statutes, regulations, and orders as applicable to housing authorities and community renewal agencies. 2.36A.020 MEMBERSHIP OF COMMISSION. A) The PCRHA shall have five (5) Commissioners selected from residents of the City of Pasco being citizens of the United States and appointed by the Mayor with the consent of the City Council. Commissioners shall be appointed for a term of office of five (5) years, said terms to commence at midnight on the 15` day of February of the year of their appointment. Each Commissioner must satisfy all the requirements for eligibility to hold this office during the entire term of office. Any vacancy shall be filled in the manner provided above for the unexpired portion of that term. B) A Commissioner shall hold office until a successor has been appointed and qualified to serve, unless sooner removed, resigned or ineligible to continue in office. A Commissioner may be reappointed to a term of office. C) A Commissioner shall receive no compensation for service in any capacity, but shall be entitled to reimbursement of necessary expenses, including traveling expenses, incurred in the discharge of their duties. D) Three (3) Commissioners shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes. Action may be taken by PCRHA upon a vote of a majority of the Commissioners present, unless a majority of the Commissioners have previously passed a general rule or regulation which shall require a larger number for the type of action being taken. 2.36A.030 OPERATION. A) There shall be at least one (1) annual meeting of the Commissioners of the PCRHA. All meetings of the Commissioners at which action will be discussed and taken shall be held in the City of Pasco. B) The Commissioners shall have full powers for adoption of rules, regulations, resolutions, and bylaws to take such action as is necessary and convenient for the operation of the PCRHA. They shall determine the time, manner and place of their meetings and shall in all respects determine the method of operation of the PCRHA, so long as such action does not conflict with this Chapter, the laws of the State of Washington, or the laws of the United States. 2.36A.040 OFFICERS. At the annual meeting to be set by the Commissioners, they shall select one (1) Commissioner to serve as their Chairperson and another Commissioner to serve as their Vice-Chairperson. The Commissioners may employ a secretary who shall serve as Executive Director of the PCRHA. The appointment of said Secretary/Executive Director shall be subject to the consent of the Pasco City Council. i 2.36A.050 OTHER OFFICERS AND EMPLOYEES. The PCRHA may employ such other officers, technical experts, agents, and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties, and compensation. For legal services, the PCRHA shall utilize the City of Pasco legal counsel and legal staff except, upon demonstrated need for independent counsel and the prior approval by the Pasco City Council, the Authority may employ its own legal counsel. 2.36A.060 DELEGATION OF AUTHORITY. The PCRHA may delegate to one or more of its agents or employees such powers or duties as it may deem proper. 2.36A.070 REMOVAL OF COMMISSIONERS. The Mayor, with consent of the Council, may remove from office any Commissioner. The grounds for removal shall include loss of eligibility to hold office, inefficiency or neglect of duty, or misconduct in office. A Commissioner shall be removed only after they have been given a copy of the charges at least ten (10) days prior to the hearing thereon and had an opportunity to be heard in person or by counsel. The City Council shall hear the matter and shall keep a record of the proceedings, together with the charges and the findings thereon, which record shall be filed in the office of the Pasco City Clerk. Transcription of this record and costs thereof for any purpose shall be the responsibility of the person requesting said transcription, including the Commissioner whose removal is sought. In the event of the removal of any Commissioner, the Pasco City Council shall as soon as practicable select a new Commissioner. 2.36A.080 PROPERTY OF PCRHA. Prior to the acquisition of an interest in any real property, the Housing and Community Renewal Authority must have an agreement with the City of Pasco, for the payment in lieu of taxes and municipal services benefit charges. All agreements, including agreements for the payment in lieu of taxes and/or municipal services benefit charges entered into prior to the creation of the PCRHA shall remain in full force and effect benefitting and binding the PCRHA as successor in interest to the joint Housing Authority of the City of Pasco and of Franklin County. This subsection shall apply to both real and personal property. All utility charges, assessments and special assessments not provided without charge to other residents of the City of Pasco shall be the same and applied to property of the PCRHA as upon private property except where a specific agreement is made otherwise after the creation of the PCRHA, or as may be otherwise be prohibited by law. 2.36A.090 PROGRAMS AND EXPENDITURES. The PCRHA shall submit prior to each calendar year an Annual Work Plan and Budget for review and approval of the Pasco City Council. All programs and expenditures of the PCRHA shall be conducted in accordance with the adopted and approved Annual Work Plan and Budget which shall include all real property to be acquired with its intended use and all properties to be improved or disposed during that calendar year. All budget amendments and the issuance of debt instruments shall be approved by the Pasco City Council, except that the City Manager may approve minor amendments to the Work Plan for the modification of previously approved programs or project and which constitute less than 10% of the budget. The PCRHA shall submit by March 31" of the following year, a Report of Activities for the prior year. 2.36A.100 ALLOCATION OF COSTS, The PCRHA shall be responsible for costs incurred in its operation. The City of Pasco shall not be responsible for any costs except those that have been approved and for which the City has agreed to pay. 2.36A.110 POWERS. A) The PCRHA may exercise all powers as may be conferred upon a community renewal agency as defined and designated limited by Chapter 35.81 of the Revised Code of Washington, except those powers reserved to the City. For this purpose, the PCRHA is designated as the Community Renewal Agency of the City of Pasco, Washington. B) The PCRHA shall exercise all powers as may be confirmed upon a housing authority as defined, designated and limited by Chapter 35.82 of the Revised Code of Washington. For this purpose, the PCRHA is designated as the Housing Authority of the City of Pasco, Washington. Section 2. APPOINTMENT OF COMMISSIONERS. The initial Commission members shall be appointed and designated position numbers by the Mayor with the consent of the City Council. Terms for the initial Commissioners appointed pursuant to Section 1 above, shall expire as follows: Position 1 February 1, 2004 Position 2 February 1, 2005 Position 3 February 1, 2006 Position 4 February 1, 2007 Position 5 February 1, 2008 Section 3. OWNERSHIP OF EXISTING PROPERTIES AND CONTRACTUAL RIGHTS AND OBLIGATIONS. All real and personal property owned by the Joint Housing Authority of the City of Pasco and Franklin County located within the City limits of the City of Pasco, Washington, shall become the property of the PCRHA upon the effective date of this Ordinance. All contracts, financing documentation, encumbrances, agreements for payments in lieu of taxes, and agreements concerning or affecting any of the real or personal property received by the City of Pasco incident to the dissolution of the Joint Housing Authority of the City of Pasco and Franklin County shall vest to the benefit of the PCRHA as successor-in-interest for those properties lying within the City limits of the City of Pasco, Washington. Nothing herein shall be construed as to impair, discharge or otherwise modify the contract rights existing as of the date of passage of this Ordinance. Section 4. This Ordinance shall take full force and effect on February 1, 2003. Section 5. SEVERABILITY. If any action, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. PASSED by the City Council of the City of Pasco, at its regular meeting of November 18, 2002. E Michael 1, rrison, Mayor ATTEST: APPROVED AS TO FORM: Webster U. Jacks , City Clerk Le and B. Kerr, City Attorney