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HomeMy WebLinkAbout0682 ResolutionCV RESOLUTION NO. RESOLUTION APPROVING APPLICATION FOR PRELIMINARY LOAN FOR LOW -RENT PUBLIC HOUSING AND APPROVING THE FORM OF COOPERATION AGREEMENT BETWEEN THE CITY OF PASCO, WASHINGTON AND THE HOUSING AUTHORITY OF THE CITY OF-PASCO, WASHINGTON 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 Public Housing Administration (herein called the "PHA't) 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 deter - urination of need for low -rent housing to meet needs not being adequately met by private enterprise and that the PHA shall not make any contract with a public housing agency for preliminary loans and 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 the City of Pasco, Washington (herein called the "Local Authority") is a public housing agency and is applying to the PHA for a preliminary loan to cover the costs of surveys and planning in connection with the development of low -rent housing; and WHEREAS, the City Clerk of the City of Pasco, Washington (herein called the "City") has posted the public notice that the City Council of the City will on the 1st day of March 21966, consider at its regular meeting a resolution for an agreement be- tween the City and the Local Authority, all pursuant to Section 35.$3.030(10) of the Revised Code of Washington; and 0 WHEREAS, it is the desire of the City to enter into a Cooperation Agreement with the Local Authority pursuant to the Housing Cooperation Law of the State of Washington; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS: 1. There exists in the City of Pasco, Washington a need for such low -rent housing at rents within the means of low income families. 2. The application of the Local Authority to the PHA for a preliminary loan in an amount not to exceed $20,000 for sur- veys and planning in connection with low -rent housing projects of not to exceed approximately 100 dwelling units is hereby approved. 3. The Cooperation Agreement, a copy of which is attached hereto and marked Exhibit "A", is hereby approved both as to form and substance. 4. The Mayor is hereby authorized to execute as many counterparts of the Cooperation Agreement as may be required by the PHA and the City Clerk is hereby authorized to attest to said signature and to impress the official seal of the City on all executed counterparts of the said Cooperation Agreement. 5. This Resolution shall take effect immediately and need. not be laid over or published or posted, all pursuant to Section 35.83.060 of the Revised Code of Washington. PASSED BY THE CITY COUNCIL this14,1- day of ,1966. APPROVED BY THE MAYOR THIS/d,/day of ,1966. (SEAL) ATTEST: City Clerk 0 -2- EXHIBIT "A" COOPERATION AGREEMENT (p This Agreement entered into this day of________, 196, by and between the Housing Authority of the City of Pasco, Washington (herein called the "Local Authority") and the City of Pasco, 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 as an entity by the Local Authority with financial assistance of the Public Housing Administration (herein called the "PHA"); excluding, however, any low -rent housing project covered by any contract for Iloans and annual contributions entered into between the Local Authority and the PHA, or its predecessor agencies, prior to the date of this Agreement. (b) The term "Taxing Body" shall mean the State or. any political subdivision or taxing unit thereof in which a Project is 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 rse 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 dilapida- tion, 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 PHA for loans and annual contri- butions covering one or more Projects comprising approximately 100units of low -rent housing and (b) to develop and administer such Project or Projects, each of which shall be located within the corporate limits of the 1,1unicipality. 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 assessments 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 PHA for loans or annual contributions, or both, in connection with such Project remains in force and effect, or (iii) any bonds issued in connec- tion with such Project or any monies -due to the PHA 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. N (b) Each such annual Payment in Lieu of Taxes shall bje made after the end of the fiscal year established for such "!roject, and shall be in an amount equal to either (i) ten per- cient (100) of the Shelter Rent chiarged 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 cin the date such payment is made, whichever amount is the lower. i (c) The Municipality shall distribute the Payments i�n Liou 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; Ir6vided, 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 assests of the Local Authority shall attach, nor shall any interest or penalties accrue or attach on•account thereof. 1+. The Municipality agrees that subsequent to the date of initiation_ (as defined in the United States Housing Act of 1937, as amended) of each Project and within five years after the completion thereof, or such further period as may be approved by the PHA, and in addition to the number of unsafe or insanitary dwelling units which the Municipality is obligated to eliminate as•a part of the low -rent housing projects) heretofore undertaken by the Local Authority and identified as Project (s) No (s) n?!ASS?-21-1-2, there has been or will be elimination (as approved by the PHA) by demolition, condemnation, effective closing, or compulsory repair or improvement, of unsafe or insanitary dwelling units situated in the locality or metropolitan area in which such Project is locu'ccu, substantially equal_ in nwT.ber to the number of newly constructed dwelling units provided by such Project; Provided, That, where more than one family is living in an unsafe or insanitary dwelling unit, the elimination of such unit shall count as the elimination of units equal to the number of families accrmmodated therein; and Provided, further, That this paragraph 4 shall not apply in the case of (7i --any Project de- veloped on the site of a Slum cleared subsequent to July 15, 1949, and that the dwelling units eliminated by the clearance of the site of such Project shall not be counted as elimination for any other Project or any other low -rent housing -project, or (ii) any Project located in a rural nonfarm area. � �7 5. 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 PHA 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 PHA in con- nection with such Project remain unpaid whichever period is the longest, the ly.unicipality without cost or charge to the Local Authority or the tenants of such Project (other than the Payments in Lieu of Taxes) shall: -2- 1 •� Ftp (a) Furnish Authority an services and to the same without cost inhabitants or cause to be furnished to the Local d the tenants of such Project public facilities of the same character and extent as are furnished .from time to time or charge to other dwellings and in the Municipality; (b) Vacate such streets, roads, and alleys within the area of .such Pro ject..as may be necessary in the develo ment thereof and convey without charge to the • P , 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 efficiency 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 neces- sary for the development and protection of such Project and the surrounding territory' (d) accept grants of eas6ments 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. 6. In respect to any Project the Iviunicipality further P J 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 specifica- tions acceptable 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). 7. If by reason of the Municipality's failure to furnish or cause to be furnished any public services facilities which it has agreed hereunder to furnish or - 3 - or refusal 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 Municipality in respect to any Project or any other low -rent housing projects owned or operated by the Local Authority. 8. 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. 9. So long as any contract between the Local Authority and the PHA 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 PHA in connection with any Project remain unpaid, this Agreement shall not be abrogated, changed, or modified without the consent of the PHA. 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 PE1k, 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 PHA, the provisions hereof s: -?all inure to the benefit of and may be enforced by, such other public body or government al agency, including the Piiy . IN WITNESS WHEEREOF, the Municipality and the Local Authority have respectively signed this Agreement and caused their seals to be affixed and attested as of the day and year first above written.. CITY OF PASCO, WASHINGTON (SEAL) _ .. By _ Mayor ATTEST: (SEAL) MTEST : City Clerk Secretary HOUSING AUTHORITY OF THE CITY OF PASCO, IJASHINGTON By Chairman - 4 -