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RESOUUTION NO.83
WHEREAS,Public Law 475,81st Congress,authorizes the
Administrator of the Housing and Home Finance Agency,upon the filing
of the prescribed request therefor,to relinquish and transfer upon
the terms and conditions set forth in said Act all right,title,and
interest of the United States in and with respect to certain tempor
ary war and veterans housing projects to eligible bodies as defined
therein,and
WHEREAS,the City of Moses Lake,Washington,a munincipal
corporation,hereinafter referred to as the Applicant,is a body
eligible for the transfer of and desires to have transferred to it
the temporary housing hereinafter described,and
WHEREAS, the Administrator of the Housing and Home
Finance Agency has delegated to the Public Housing Commissioner
the functions, powers and duties vested in him by said Act,
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City
Council of the City of Moses Lake, Washington, as follows:
1.The Applicant does hereby request the Public Housing Commissioner
to relinquish and transfer without monetary consideration (except
for the payment for any Federal lands or interest therein which
might be required and except for the settlement of any accounts
between the Government and the Applicant)all right,title,and
interest of the United States (and all contractual rights includ
ing the right to revenues and other proceeds)in and with respect
to the Temporary housing known as Veterans Housing,Washington,
45402,located in the City of Moses Lake,County of Grant,a
veterans housing project of temporary construction,comprising
of ten (10)dwelling structures and containing forty-two (42)
family dwelling units,as indicated on the site plan attached
as "Appendix An and made a part hereof,together with personal
property, appurtenances, and materials held in connection there
with.
II»(a)The Applicant represents that it proposes to the extent
permitted by law and so long as the structures herein
requested remain in housing use:
(l)As among eligible applicants for occupancy in
dwellings of given siqes and at specified rents
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to extend the following preferences in the selec
tion of tenants*
First,to families which are to be displaced by
any low-rent housing project or by any public slum-
clearance or redevelopment project initiated after
January 1,1947,or which were so displaced within
three years pri?*r to making application for admiss
ion to such housing; and as among such families first
preference shall be given to families of disabled
veterans whose disability has been determined by
the Veterans Administration to be service-connected,
and second preference shall be given to families
of deceased veterans and servicemen whose death
has been determined by the Veterans Administration
to be service-connected,and third preference shall
be given to families of other veterans and service
men;
Second,to families of other veterans and servicemen;
and as among such families first preference shall
be given to families of disabled veterans whose
disability has been determined by the Veterans
Administration to be service-connected,and second
preference shall be given to families of deceased
veterans and servicemen whose death has been deter
mined by the Veterans Administration to be service-
connected:Provided,that notwithstanding such
preferences the Applicant will,in filling vacancies
in housing transferred pursuant to this request,
give such preferences to military personnel and
persons engaged in national defense or mobilization
activities as the Secretary of Defense or his designee
prescribed to such applicant*
(2)To manage and operate the property involved in
accordance with sound business practices, including
the establishment of adequate reserves*
(b)The Applicant further represents that it proposes to the
extent permitted by law:
(l)Not to dispose of any right,title,or interest
in the property (by sale,transfer,grant,exchange,
mortgage, lease, release,termination of the lease
hold,or any other relinquishment of interest)
either (a)for housing use on the present site or
on any other site except to a State or political
subdivision thereof, local housing authority, a
local public agency,or an educational or eleemosynary
institution,or (b)for any other use unless the
governing body of the municipality or county shall
have adopted a resolution determing that,on the
basis of local need and acceptability,the struc
tures, involved are satisfactory for such use and
need not be removed:Provided,this representation
will not apply to any disposal through demolition
for salvage, lease to tenants for residential
occupancy,or lease of nondwelling facilities for
the continuance of a use existing on the date of
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transfer,or where such disposal is the result
of a bona fide foreclosure or other proceeding to
enforce rights given as a security for a loan to
pay for land under this section:And provided
further,that nothing contained in this Paragraph
II shall be construed as applicable to the disposi
tion of any land or interest therein after the
removal of the structures therefrom*
(2)Whenever the structures involved,or a substantial
portion thereof,are terminated for housing use
and are not to be used for a specific nonhousing
use,to promptly demolish such structures terminated
for housing use and clear the site thereof,
III.The Applicant will acquire the interest of the United States
in and to the land upon which the housing is located upon the
terms and conditions prescribed in Section 601 (b),and if
such interest is in the form of a temporary use either by
contract or condemnation the Applicant will obtain the releases
required by said Section.
IV#That the immediate purpose for which the housing is sought is
temporary Veterans1 Housing and that such housing is eligible
for transfer pursuant to Section 601 (a),(b),(g),or (h).
V. The Mayor shall obtain the opinion of the City Attorney who
is the legal counsel of the Applicant,regarding the legal
authority of the Applicant to make this request,to accept
the transfer, and operate any property involved, and to perform
its obligations under Title VI of the Lanham Act. The Mayor
shall immediately forward three certified copies of this
resolution, together with the opinion x of the legal counsel
to the Public Housing Administration, and the same shall be
the Applicant's request for relinquishment and transfer <&f
the housing described herein.
VI.IT IS UNDERSTOOD AND AGREED that the net revenues of other
proceeds from the housing shall continue to accrue to the
United States until the end of the month in which the right,
title,and interest of the United States with respect to the
property are relinquished and transferred and that taxes or
payments in lieu of taxes will be prorated as of the end of
the month in which transfer is made.The Applicant will
pay for at book value and accept an assignment of all delin
quent accounts of tenants still occupying the housing at the
date of transfer and will assume the contracts and obligations
of the United States which extend beyond the date of such
transfer and which may not be terminated by the United States
prior to said date of transfer.
VII.BE IT FURTHER RESOLVED that the Mayor be and is hereby empowered
to take such other and further action as may be necessary
in order to effect a relinquishment and transfer of the housing,
and he shall immediately enter into negotiations for the
acquisition of such interest in land as may be necessary to
comply with the conditions of transfer,and with this Resolu
tion shall forward to the Public Housing Administration the
plans of the applicant with regard to the manner and means
of securing such interest,together with an estimate of the
time which will be required to secure the same.
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VIII.As used in this resolution the term "veteran"shall mean
"a person who has served in active military or naval
service of the United States at any time on or after
September 16,1940, and prior to July 26, 1947, or at any
time on or after April 6, 1916, and prior to November 11,
1918, and who shall have been discharged or released
therefrom under conditions other than dishonorable.The
term "servicemen"shall mean a person in the active military
or naval service of the United States who has served therein
on or after September 16, 1940, and prior to July 26,
1947,or at any time on or before April 6,1916,and prior
to November 11, 1918.
PASSED AND ADOPTED by the City of Moses Lake this
14th day of April,1953.
CITY OF MOSES LAKE,WASHINGTON
BY:
ATTEST:
yc^^L^l^L^<=^¥^S^/L^r>^c^J
City Clerk
APPROVED AS TO FORM:
£ity Attorney
Ov^^-^JL
MAYOR
I,MABEL WATERMAN,Clerk of the City of Moses Lake,
Washinqton,do hereby certify that the foregoing resolution is
a true and correct copy of Resolution No.83 adopted by the Council
of said City and approved by its Mayor on the 14th day'of April,
X 7 JO .
^^^r^^Jt
City Clerk
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LEGAL OPINION
I, B. J,McLEAN,have examined Resolution No. 83
of the 14th day r'
City of Moses La!
which I am the 1l-
Transfer of Temporary Housing Pursuant to Title VI of the Lantham
Act being designated As Project No.45402,Veterans Housing,
Washington.I am of the opinion that the Resolution was duly
B. J.McLEAN,have examined Resolution No. 83
r of April, 1953, of the Mayor and City Council of the
.ake,Washington,a munincipal corporation,of
legal counsel,which is a Resolution Requesting
ocope of the authority of the Mayor and City Council. I am
further of the opinion that the City is a qualified and eligible
applicant within the meaning of Title VI of the Lantham Act,
Public Law 849, 76th Congress,as amended,and has legal author
ity to make the request,to accept the transfer of, and operate
the property involved and to perform its obligations under
Title VI of the Lanham Act, as amended.
DATED this 15th day of April, 1953.
Cii^Attorney
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