HomeMy WebLinkAboutRES 1692- -- - - — - - - -- - - - �� � t69'3 -�d
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i�.�aSOLUTI�N N0. ���.�'
R�+.St�LLTZGN AFPRGJTi�� TH'.�. FORI�1 OF COOP,y�RATION AGREFMFNT
B�2't� Tf'�T}, �I'"Y �F ��?',CCN ANI7 THE HC1t;SING AL�THORITY
OF TI•I�, CI`I'Y OF R�3T4I�, �rr�SHINGT4N, AND AUTH4RIZING 3TS
F�CUT�QN,
WNER�.AS, it is the policy of this localitg to e13m.inate substandard and
other inact�quate housing, to prev�nt the spread of slums and blight and
to reali�e as soon as feasi�,le the goal of a decent ho�e in a suitabla
livirig envirom�nt for all of its citizens; and
Wf-IEREAS under the pravisians Of the United States Housing Act o� 1937,
as amended, the Gnited States of �merica acting through the Secretary o�'
Hausing and I3rban Development (hereinafter called HUU) is autharitied to
prnvi.de financial assistance ta local �nzblic agencies for undertaking ths
construction of low rent housir.g pro�ects that w111 assist in meet3ng
these �oals; and
WH�REAS, the Act provides that there shal2 bs a 2aea3 detennination af
need for low rent housing to meet needs nat bein�-�equately met br
� private enterprise and that the Government s2iall not make any contract
I'� with the pu6lic agency in respect to any low rent hausing pra�ect� unleaa
the governing body of the locality invalved has by resalution approved
' th� applicatian of the public housing agency far such a pro�ect; and
WHER^JLS, the Housing Authority of the City of Renton, Washingtan
, (hereinafter called the LHA} is a public housing agency and is aPP�Y�B
to the governme�t for the develop�ent af l.a�r rent pro�ect:
NQW, THERE��ORE, BE IT RF.,SQLVED $Y TFiE CITY COUAIG�L QF TH& GITY OF RIIdTON
AS FOISAWS:
I. There e�ists a need in the City of Renton for such law rent hou�zing
at rent� within the mean� of low incame families ar parsons which ie
t me rivate enterprise� namely such 1aw ren� housing fc�r
�t`�he e����y .
�, 2. That the application of the Local Aut�arity to the Government tor
i appro�ci.mately 50 dwelling units of low rent houtsing to be designed
, speciPiaal�.y for the elderly is hereby approved.
3. The City Cauncil hereby determines purauant to provisions of the
Housing Coaperation Law (R.C.W. 35.83.o3�t1o) to enter ir�to a
�, Coaperation Agreer.�ent zn suhstantially the form attached hereto
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as "Exhibi� A" with the Loca� Authority. Trie Mayor af ths City oI
Rentan is hereby author�.zzd and directed to execute such Coo'peratian
Agreement on beha?P of the City, The City Clerk is directed to
I af£ix the aPficial seal of th� City of Ren�an therean and to attest
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I to the samee Stzch Caaperat,ion Agreemen+.. �hall be in substantially
I the form attaehed hereto aaic� marked "bchibit A�� and made a part hereat.
4. This Resolution sha11 be effective immedia�e�y'o
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P,A,SSED BY THE CITY GQUNGIL this 22nd day' of June 19?Q• I
,� d����a.,� ,
� C�ren sha71, Deputy City Clerk
APPRQOED S3t THE MAYQR thi.s 22nd day of June 1970.
.�Q .�.,•�Q11.(..� ��' �-'( �!i'!/ K'.��
A'V''ery Garret�"Maybr
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A as to form:
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Gerard M. She:L:Lan, City Att.orney
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COOPERATIQN AGRFII�TT
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This Agreement enter�d into this��day of `;�2���� ►
197fl, by and between the Housing Authority of the y af Re�nton�
Washington, {herein called the ��Loca2 Authoritjr� the City of Renton,
Washington, (herein called the "Municipality"), witnesseth:
In con�id3ration of the mutua], covenants hereinafter set forth� the
parties hereto do agree as foll.ows:
1. Whenever used in this Agreement:
{a) The term "Pro�ect" shall mean any low-rent housing hereafter
developed as an entity by the Local Authority w3.th financial assi8-
tance of the United States of America acting through the Secretazry
of Housing and tirban Develop�nent (herein called ��Ht3D"), excluding�
howtver, any low-rent housing prQject covered by any contract fori
loans and annual contributions entered into betw�een the Local
Authority and the HUD, or its predecessor agencies� prior to the
date of thei Agreement.
(b} The term °Taxing Body" shall mean the State or any subdiv�.sion
or taxing unit thereof in which a Project is situated and which
would ha,ve authority to assess or levy reai or personal property
taxss or to certify such taxes to a taxing body er public officer
to be lavied for its use and benefit with respect to a Pro�eet if it
were not sxempt from taxation.
(c) The team "Shelter Rent" shall mean the total of a11 charges to
all tenants of a Froject for dwel�ing rents and nondwelling rent�
(excludin� all othE:r income of such Project}� less the cost to the
Local Authority of all dwelling and nondwellin, utilitiea.
(d) The teztn "Sl.um" shall mean any area where dwellings predominate
which� by reason of dilapidation, overcrawding� faulty arran�ement
or design, lack of ventilation, light �r s�nitation facil.ities� 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 HUD for loans and annual contz�ibutions covering one
or more Projects comprising approx.imately 50 ur.its of low-rent housing
designed specifically .for the elderly, and (b) to develep and achninister
such Project or Projects, each of which shall be located within the
carporate limits of the Municipality. The obligations of the parties
hereto shall app2y to each such Project.
3. (�t) Un�er the con9�itution aii�3 Rtatute's' of"the 3tatE of
YJashington, all Projects are exsmpt fmm all real and personal praperty
taxes and special assessr�ents levied �r imposed by any Taxing Boc�r. With
respect to any Project, so long as either (1) such Pro3ect is owned by a
public body or governmental agency and is us�d for low-rent housing
purposes, or (ii) any contract between the Local Authority and the HUD
for loans or annual contributions, or both, in connection with such
Pro�ect remains in force and effect, or (iii) any bonds issued in conr�ec-
tion wi.th such Project or any monies due to the HUD in connection with
such Project remain unpaid, whichever period is the Iongest, the
Mun�.cipa.lity agrees that it wi11 not levy or impose any real or personal
property taxes or speci.al assessments upon such Projeet or upon the Local
Authority with respect thereto. During such period, the Loca1 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 w:ith respeet to such Projeet.
(b) Each such annual Payment in Lieu of Taxea ahalt be ma.de
after the end of the fiscal year established for such Project, and shall
be in an amount equal to either (i) ten percent (10�) of the Shelter Rent
charged by the Local Authority in respect to sueh Pro�ect during such
fiscal year ar (ii) the amount pexmi.tted to be paid by appl�.cable state
law i,n effect on the date suc� payment is made, whichever amount is the
law�er.
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' • � (c) The MunicipaZity shall distribute the Payments in Li�eu •
of Taxes among the Taxing Bodies in the piroportion whiCh the real
property taxes which wou3.d have been paid to e�ch Taxing Body tor such
qear if the Project were not exempt from taxation bears to the tetal �
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 as�y
Taxing Br�c�y in excess of the amount of the real property taxes which
r�rou�.d have been paid to such Taxing Boc�y for such year if the Pro�ect
were not exempt from tax.ation.
(d) Upon failure of the Local Authority to make any Payment
in Lieu of Taxes, no lien a�ainst any Project or assets of the Lecal
Authority shall attach, nor shall any interest or penalties aecrue or
attach on account thereof.
4, 2he Municipality agrees that, subsequent to the date cl
initiation (aa defined in the United States Housing Aet of 1937, as
amendedj of each Pxoject and within five years after the eompletion
thereof, er such further period as may be approved by the HUD, and in
addition to the number of unsafe or insanitary dwelling units whieh the
Municipality is obligated to eliminate as a part ef the low-rent housing
pr�3ect(�) heretofore undertaken by the Letal Authority and identified
�s Pro3eets Nos. WASH -11-1, 6�itiSH-11-2 and WASH-11-3, there has been •r
w311 be elimination (aa approved by the HUD) by demolition, condemnatisri,
offective clesing, or compulsory repair or impriovement, of unsafe or
insanitary dwelling unita situated in the loeality or metrepeiitan area
in which such 1'ro3eet is located, substantiaLly equal in number to the
number of newly eonstructed dwelling units provided bq such Project; Pr�-
ded, That, where mere than one faTnily is livir� in an unsafs er insanita�y
fi�el].iri� unit, the elimination ef such unit shall Count as the elirainatio�t
of unita equal to the number of familiea accemedated therein; and Providsc�
further, That thi� paragraph 4 shall not apply in the ea�e of (i) any
Proje�t developed on the site ef a Slvm eleared aubseqtient to July 15,
1949, and that the dwelling unita eliminated by the elearance of the si�s
♦f such Pre�e�t shall not be eounted as elimination for any other Projeot
or any other low-rent housing projedt, or (ii) ax�q Pre3ect locaLed in a
rural �onfarm area.
5. . During the period commencing with the date of the acquis�,tion
of any part of the site er aites of any Projeet and eontinuing s� long
as either (i) such Project is owned by a publie boe�q er governmenLa].
gg�ney and i� used for lor�-rent housing purposes� or (ii) any eentraet
betwesn the Local Authority and the HUb for leans or annual eontriDutions�
er both, in eonneetion with sueh Pre�ect r'emains in force and effeet� or
(iii} any bonds issued in connection with aueh Pra3eet or ar�y monies du�
to the HUD, in eonneetion with such Project remain unpaid, whiehever
period ia the longest, the Munieipality without coat or charge to the
I�eal Authority er the tenanta of such Prn3eet (other than the Paym+�rits
in Lie�x of Taxes) �hall:
(a) Flirnish er cause te be furnished to the Local
Authority and the tenants of such Pro�eet publie
�ervices and facilities or the aame charaeter and to
the same extent as are furnished irom time to time
without eost or charge to ather dw�ellings and in-
habitants in the Munieipality;
(b) Vacate auch atreeta, roada, 8nd alleys within
the area of sueh Projeet as may be necessary in the
developaent thereof, and eonvey without charge to
the Local Authority such interest as the Munici-
pality may have in such vacated areaa; and, in ao
far as it is lawfully able to do so without coat or
expense to the I.oeal Authority, er to the N�uniei-
pality, cauae to be remeved from aush vaeated
areas, in so far as it may be necessary, all publie
�r private utility lines and equipment;
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� ` (c) In so far as the Municipality may Iawfully do �
so, (i) grant such deviations from the building code
of the Municipality as are reasonable and necessary to
, promote econon�y and efficiency in the develoFaaent and
ac�ninistration of such Project, and at the same time
safe�uard 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
developnent and protection of such Project and the
surmunding territory;
(d) Accept grants of easements necessary for the
develo�nent 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 ac�n5.nistration of such Pro ject.
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
strPets, roads, a]_leys, and adjacent sidewalks within
the area of such Project, together with all stoim and
sanitary sewer mains in such dedicated areas, after
the Local Authority, at its own expense, has completed
the grading, jmprovement, paving, and installatian
thereof in accordance with specifieations aceeptable
to the i�Iunicipality;
(b) It will accept necessary dedications of land
for, and will grade, improve, pave, and provide side-
walks for, all streets bounding sucli Projeet er neces-
sary to provide adequate access thereto (in consider-
atio� whereof the Local Authority shall pay to the
Municipality such amount as would be assessed against
the Project siLe for such work if such site were
privately owned); and
(c) It will provide, or cause to be provided, wa'�er
mains, and stoxm and sanitary sewer mains, leading to
� such Project and serving the boundinp, streets thereot
(in consideration whereof the Local Authority shall
pay to the riunicipality such amount as would be
assessed against the Pro3eot site for such work ii
such site were privately owned).
7. If by reason of the Municipality�s failure or refusal to
turniah or cause to be furnished any public services or facilities
�fiich it has agreed hereunder to furnish or to cause to be furnished
to the Local Authority or to the tenants of any Project, the Leeal
Authority incurs any expense to obtain such services or facilities
then the Local Authority may deduct the amount of such expenas from
any Payments in Lieu of Taxes due or to become due to the Munieipal-
ity i.n respect to any Project or any other low-rent housing projects
owned or operated by the Loca1 Authority. Provided, however, the City
shall be given at least 30 days notice prior to any such reduction.
8. No Cooperation Agreement heretofore entered into between
the Municipality and the Local Authority sha11 be construed to app�r
to any Project covered by this Agreement.
9. So lon as an contract between the Local Authority and
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the FAJD for loans (ineluding preliminary loans) er ant�ual eontribu-
tions, or both, in eonnection with any Pro�ect remains in force and
effect, or so long as any bonds issued in connection with ar�y Pro�eet
or any monies due to the HUD in connection with any Pro3ect remain
unpaid, this Agreement shall not be abrogated, changed, or modi.fied
without the consent of the HUD.
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The privileges and obligations of the Municipality hereunder shall
z�cnain in fu11 force and effect with respect to each Pro3ect so lor►g
as the beneficial title to such Pmject is held bv the Local Authority
or by any other public body or governmental agency, including the HUD�
authorized by law to engage in the development or ac�ministration of
low-rent hausing projects. If at any time the beneficial title to�
or p�ssession of, any Project is held by such other public body or
governmental agency, including the HUD, the provisions hereof shall
inure to the benefit of and may be enforced by, such other public
body or governmental agency, including the FND.
IN WITNESS WHF�REOF, 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.
Cl2'Y OF RF�ITON, WASHIPIGTON
(9EAL) By �tit �/t.�/l�A�/
Q Mby°r
A'1"1'E.S�:
�/,t'(i�/'�-ei/,(� �%�
���,��C�ty Clerk HOUSING AUTHORITY 0�' THE
� CITY OF RF�TTON, WASHIN�'►TON
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(SEAS') �i e -���.��_
' Chaixman
� A'1"i'EST:
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Secretary
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