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HomeMy WebLinkAbout1158 ResolutionRESOLUTION NO. 1158 A RESOLUTION APPROVING APPLICATION FOR PRELIMINARY LOAN FOR LOW RENT PUBLIC HOUSING AND APPROVING THE FORM OF COOPERATION AGREEMENT BETWEEN THE CITY OF PASCO AND THE IIOUSING AUTHORITY OF THE CITY OF PASCO 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, the United States Housing Act of 1937 provides that there shall be local determination of the need for low -rent housing to meet the needs not being adequately met by private enterprises; and WHEREAS, the Secretary of Housing and Urban Development is authorized to provide financial assistance to public housing; agencies for low -rent housing;; and WHEREAS, the Housing Authority of the City of Pasco shall not make any contracts with a public housing agency for preliminary loans and surveys and planning in respect to any low -rent housing project unless the poverning; body of the locality involved has by resolution approved the application of the public housing agency for such preliminary loans; and WHEREAS, the City Clerk of. the City of Pasco has posted the public notice that the City Council of the City of Pasco will on the 27th day of March 1978, consider at its regular meeting a resolution for an agreement between the City of Pasco and the Housing, Authority of the City of Pasco; and • WHEREAS, it is the desire of the City of Pasco to enter into a Cooperation Agreement with the Housing Authority of the City of Pasco; now, therefore, BE IT RESOLVED BY THE COUNCII. OF THE CITY OF PASCO AS FOLLOWS: 1. That there exists in the City of Pasco a need for low -rent housings and rent within the means of low-income, elderly and handicapped persons. 2. That the application -of the Housing Authority of the City of Pasco to the PHA for a preliminary loan in an amount not to exceed Twelve Thousand (12,000.00) Dollars for surveys and planning in connection with low -rent housing, projects of not to exceed approximately 66 dwelling units is hereby approved; 3. That the Cooperation Agreement Agreement, a copy of which is attached hereto and marked Exhibit "A" and by this reference incorporated herein, is hereby approved both as to form and substance; 4. That the Mayor of the City of Pasco is hereby authorized to execute as many counterparts of the Cooperation Agreement as may be required by the PHA and the City Clerk of the City of Pasco is hereby authorized to attest to said signature and to impress the official seal of the City of Pasco on all executed counterparts of the said Cooperation Agreement; and 5. That this Resolution shall take effect immediately upon passage by the Council of the City of Pasco and need not be published.or posted. PASSED by the City Council this 27th day of March , 1978. AT APPROVED AS TO FORD! ��E' �!t..i.� COORPORATION AGREEIT-riT This Agreement entered into this 21st day of March , 1978, by and between The Housing Authority of the City of Pasco (herein called the Local Authority and The City of Pasco 1/ (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,, however, 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 Agreement. (b) The term "Taxing Body" shall mean the. State of 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 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 aggangement 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 endeaver (a) to secure a contract or contracts with the Government.for loans and annual contributions convening -one or more Projects comprising approximately 66 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 , 3/ all Projects are exempt from all real and personal property taxes _ 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) anv 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 Municipal- ity agrees that it will not levy or impose any real or personal property taxes - 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 4/ 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 Each such annual. Payment.in Lieu of Taxes shall be made Ffter the end of the fiscal year established for such Project, -and shall be in amount equal to either (i) ten percent (10%) of the Shelter Rent /actually collected but in no event to exceed ten percent (10%) of the Shelter Rent/ 8/ char ed by the Local Authority in respect to such Project during.such fiscal year 5a/ 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./ 6a/ /(c) No payment for any year shall be made to the Municipality in excess of the amount of the real property taxes which would have been paid to the Municipality for such year if the Project were not exempt from taxation./ 6b/ . 4. The Municipality agrees that, subsequent to the date of initiation (as defined in the United States Housing Act of 1937) of each Project and within five years after the completion thereof, or such further period as may be.approved by the Government. 7/ there has been or will be elimination, as certified by the Municipality, 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 located, substantially equal in number 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 accomodated therein; and Provided, further, That this paragraph 4 shall not apply in the case of (i) any Project developed 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 ruralnonfarm or Indian area. 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'(1) such Project is owned by a public body or governmental agency and is used for low -rent housing purposed, or (ii) any contract between the Local Authority and the Government for lo-ans 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 clue to the Government in connection with such Project remain unpaid, whichever period is the longest, the *4nricipal tty without cent or charge to the Local Authority or the tviiants or Ruch Project. (other Chao the Payments in Lieu of Taxes) shall: HUD -52481 Page 3 December 1969 (a) Burnish 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 Municipal- ity 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 necessary for the development 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. 6. 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 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 t 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 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 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 oovered by this Agreement. 11 1 (SLQ) Atte e Deputy City Clerk, City of Pasco HuD-52481 'Fags 4 December 1969 9. 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 govereing body wimber 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 ixwdiately disclose such interest to the Local Authority. 10. So long as any contract between the Local Authority and the Government for loans (including preliminary loans) or annual contributions, or both, inconnection 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 Agree- ment shall not be abrogated, changed, or modified without the consent of the Government. The privileges and obligations of the Municipality here- under 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 administra- tion of lox -rent housing projects. If at any time the beneficial title to, or possession of, any Project is held by such other public body or govern- mental 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. IN WITNESS WHEREOF the tively signed this Agreement as of the day and year firs tMunicipality and the Local Authority have respec- and caused their seals to be affixed and attested above written. Attests � 11 ,oGQ City of Pasco tCorporate Name of W M c p y By e Mayor, City of Pasco Housing Authority of. the City of -Pasco Trorporate Name or LFCU luithOritP . Chairman STATEMENT OF INCUMBENCY As of March 24, 1978, the duly elected members of the Council of the City of Pasco, Washington, their dates of election and the dates of the expiration of their terms are: DATE DATE ELECTED EXPIRES Sterl K. Adams •11/77 .11/81 J.C. "Chet" Bailie 11/75 11/79 Charles F. Grigg 11/77 11/81 David F. Sheeley 11/77 11/81 Ellwyn A. Snider 11/75. 11/79 Ira Schmidt 11/77 11/81 Bill Wilkins ? 11/75 11/79 Michael E. Cooper Pasco City Attorney