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 -