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84K^J RESOLUTION N00 84 A RESOLUTION OF THE CITY OF MOSES LAKE,WASHINGTON,REQUESTING TRANS FER OF TEMPORARY HOUSING PURSUANT TO TITLE VI OF THE LANTHAM ACT. WHEREAS,Public Law 475,81st Congress,authorizes the Administrator of the Housing and Home Finance Agency, upon the filing of the prescribed request therefore,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 temporary war and veterans housing projects to eligible bodies as defined therein, and WHEREAS, the City of Moses Lake, Washington, a munin- cipal 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: I*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 including the right to revenues and other proceeds)in and with respect to the temporary housing known as Victory Village,Washington 45206, located in the City of Moses Lake,County of Grant,a housing project of temporary construction,comprising of twenty-nine (29)dwelling struc tures and containing one hundred thirty (130)family dwelling units,and three (3)non-dwelling structures of the following numbers and types:one (1)Maintenance-Management and Community' Hall and two (2)Warehouses,as indicated on the site plan attached as "Appendix AM and made a part hereof,together with personal property,appurtenances,and materials held in connec tion therewith. 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: •1- L^ (1)As among eligible applicants for occupancy in dwellings of given sizes and at specified rents 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 <fcr redevelopment project initiated after January 1,1947,or which were so displaced within three years prior to making application for admission 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 servicemen; Second,to families of other veterans and service men; 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 mobiliza tion activities as the Secretary of Defense or his designee presecribed 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: (1)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 eleemosy nary institution,or (b)for any other use unless the governing body of the municipality or county shall have adopted a resolution determining that, on the basis of local need and acceptability,the structures,involved are satisfactory for such use and need not be removed:Provided,this representa tion will not apply to any disposal through demoli tion for salvage, lease to tenants for residential occupancy,or lease of nondwelling facilities for -2- ^~x the continuance of a use existing on the date of transfer,or where such disposal is the result of a bona fide foreclosure or other proceed ing to enforce rights given as 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 applica ble to the disposition 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 uses and are not to be used for a specific nonhousing use,to promptly demolish such structures ter minated 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 perfrom its obligations under Title VI of the Lanham Act. The Mayor shall immediately forward three certified copies of this resolution,together with the opinion of the legal counsel to the Public Housing Administration,and the same shall be the Applicant's request for relinquishment and trans fer of the housing described herein. VI.IT IS UNDERSTOOD AND AGREED that the net revenues or 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 delinquent 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 -3- 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. 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:^k MAYOR ATTEST: ^^ic/J}^ City Clerk APPROVED AS TO FORM: G3rcy Attorney I,MABEL WATERMAN,Clerk of the City of Moses Lake, Washington,do hereby certify that the foregoing resolution is a true and correct copy of Resolution No.84 adopted by the Council of said City and approved by its Mayor on the 14th day of April. 1953. City Clerk -4- o v^-> LEGAL OPINION I,B.J.McLEAN,have examined Resolution No. 84 of the 14th day of April,1953,of the Mayor and City Council of the City of Moses Lake,Washington, a munincipal corporation, of which I am the legal counsel, which is a Resolution Requesting Transfer of Temporary Housing Pursuant to Title VI of the Lantham Act being designated as Project No.45206,Victory Village, Washington.I am of the opinion that the Resolution was duly and legally adopted by the Mayor and City Council,which is the governing body of the City, and that said Resolution is within the scope 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. Cit^Attorney -5-