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HomeMy WebLinkAbout1349 ResolutionRESOLUTION NO /3 47/ A RESOLUTION APPROVING THE FORM OF COOPERATION AGREEMENT BETWEEN THE CITY OF PASCO AND THE HOUSING 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 rdecent 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 contract with a public houisng agency for preliminary loans and surveys and planning in respect to any low-rent housing project unless the governing 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 21st day of April, 1980, 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 COUNCIL OF THE CITY OF PASCO AS FOLLOWS 1 That there exists in the City of Pasco a need for low-rent housing and rent within the means of low-income, elderly and handicapped persons That the Cooperation 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 3 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 4 That this Resolution shall take effect immediately upon passage by the Council of the City of Pasco and need not be published or posted ATT -2- PASSED by the City Council of the City of Pasco this 21st day of April, 1980 AI. Chet Bailie, Mayor 'Evelyn Wells, City Clerk APPROVED AS TO FORM 7 I n iii,V7, 6,-- , LEGAL OPINION As the Attorney for the Housing Authority of Pasco, my opinion has been requested regarding the Cooperation Agreement which has been entered into between the Housing Authority of Pasco and the City of Pasco% I have examined the Cooperation Agreement which is dated April 21, 1980, and the proceedings which approved the Agreement and authorized its execution. It is my opinion that Resolution and the proceedings which approved the Agreement and the manner in which it has been executed are proper and in accordance with the laws of the State of Washington and further that the Agreement constitutes a legal and binding obligation of the parties in accordance with the terms thereof. Dated this 21st day of April, 1980. Respectfully submitted, LEAVY D TABER \ BY Dennisi Sweeney„--) y____ Attor cfrouskng—Authority LEGAL OPINION As the Attorney for the City of Pasco my opinion has been requested regarding the Cooperation Agreement which has been entered into between the Housing Authority of Pasco and the City of Pasco. I have examined the Cooperation Agreement which is dated April 21, 1980, and the proceedings which approved the Agreement and authorized its execution. It is my opinion that Resolution'and the proceedings which approved the Agreement and the manner in which it has been executed are proper and in accordance with the laws of the State of Washington and further that the Agreement constitutes a legal and binding obligation of the parties in accordance with the terms thereof. Dated this 21st day of April, 1980. Respectfully submitted, 1 1 f \,P --a--tc , \ ! iii 4 ( e ) By Jî I. r ..! l ,---- 7 I i l Dennis J. De Felice \ Pasco City Attorney STATEMENT OF INCUMBENCY As of April 21, 1980, the duly elected members of the Council of the City of Pasco, Washington, tEeir dates of election and the dates of the expiration of their terms are DATE ELECTED Sterl K. Adams 11-77 J. C. "Chet" Bailie 11-79 Beverly Green 11-79 Charles F. Grigg 11-77 Ira Schmidt 11-77 kC -() Eliwyn A. Snider 11-79 Bill Wilkins 11-79 DATE EXPIRES 12-81 12 -83 12-81 12-81 1 2-81 Lif 12-83 12-33 () 77 I n l, , 2' (A-, c 1 Dennis J. De elice Attorney Pasco City y 1 , l) f ( COOPERATION AGREEMENT This Agreement entered into this 21st day of April 1980, by and between the Pasco Housing Authority, (herein called the "Local Authority") and City of Pasco, (herein called the "Municipality"), witnesseth In consideration of the mutual covenants hereinafter set forth, the parties hereto do agree as follows 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 assis- tance 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, plior 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 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 dweiling rents and nonduelling rents (excluding all other income of such Porject), 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, be reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light or sanitation facilities, or any combination of these factors, are detrimnetal to safety, health, or morals 2 The Local Authority shall endeavor (a) to secure a contract or con- tracts with the Government for loans and annual contributions covering one or more Projects comprising approximately 36 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 ale exempt from all rear and personal property taxes levied ol imposed by any Taxing Body With respect to any Project, so long as either (1) 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 annualy contributions, or both, in connection with such Project remains in force and effect, or (iii) and 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 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 2:(b) Each such annual Payment in Lieu of Taxes shall be madeLfter the end of the fiscal year established for such Project, and shall be in an ` — -UAk"-st z r .c,A Page 2 amount equil to either (1) ten percent (10%) of the Shelter Rent/a-ctually collected but in no event to exceed ten percent (10%) of the Shelter Rent-7 &/ charged by the Local Authority in respect to such Project during such fiscal year] W or (11) the amount permitted to be paid by applicable State law in effect on the date such payment is made, whichever amount is the lower L 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 Tang Body for such year if the Project were not expempt 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 laxing 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:7 6a/ (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 attatch, nor shall any interest or penalties accrue or attach on account there- of 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 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 connec- tion 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 that 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 char- acter 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 intelest 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 the the Municipal- ity, cause to be removed from such vacated areas, in so lar as it may be necessary, all public or private utility lines and equipment, (c) In so far as the Municipality may lawfully do so, (1) grant such deviations from the building code of the Municipality as ale reasonable and necessaly 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 necessaly in connection with the development and administration of such Project .4.. — vo 3 Mk. 7.! -7, a Page 3 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, improvem.gnt, paving, and installation thereof in accordande 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 proivde 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 boundary streets therof (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 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 Munici- pality and the Local Authority shall be construed to apply to any Project covered by this Agreement 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 intelest, direct or indirect, in any Pioject of any property included or planned to be incldued in any project, or any con- tracts in connection with such Projects or property If any such governing body member or such other public official of the Municipality involuntarily acquires ol had acquiied plior to the beginning of his tenure any such interest, he shall immediately 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, in connection with any Project reamins 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 no be ab- rogated, changed, or modified without the consent of the Government The privileges and obligations of the Municipality hereunder shall remanin 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 housig 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 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 CITY OF PASCO (Corporate Name of Municipality) (SEAL) I. By (Title) Mogyo Pasco Housing Authority (Corporate Name of Local Authority) (SEAL)_ By Chairman Attest Executive Director .4 1."-•"-T.V•••11eRN447."•,2q-, ,,,51,'"‘ • 4c, C4r..., - ay. Y",T. .444 ,n6 - •4.4. _ A