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125RESOLUTION No.I£~^~ A RESOLUTION OF 1HE CI TIT OF MOSES LAKE,WASHINGTON,REQUESTING TRANSFER OF TEM_ PORARY HOUSING PURSUANT TO TITLE VI OF THE LANTHAM ACT. WHEREAS,Public Law 475,61st 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 tem porary war and veterans housing projects to eligible bodies as defined therein and WHEREAS,the City of Moses Lake,Washington,a municipal corporation,herein after referred to as the Applicant,is a body eligible for the transfer of and de sires 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 Veterans Housing,Washington,45402,located in the City of Moses Lake,County of Grant,a veterans housing project of temporary construction,comprising of ten GO)dwelling structures and containing forty-two (42)family dwelling units,as indicated on the site plan attached as "Appendix A"and made a part hereof,together with per sonal property,appurtenances,and materials held in connection therewith. II.(a)Die Applicant represents that it proposes to the extent permitted by law and so long as the structures herein requested remain in housing use: (1) As among eligible applicants for occupancy in dwellings of given sizes and at specified rents to extend the following preferences in the selection 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 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 Ad ministration to be sexvice-connected,and third preference shall be given to families of other veterans and servicemen; 1. \ \^J -"'^J Second, to families of other veterans and servicemen;and as among such families first preference shall be given to families of dis abled 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 ser vice-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 ap- plicant. (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,ter mination of the leasehold,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 anyother use unless the governing body of the municipality or county shall have adopted a resolution deter mining that,on the basis of local need and acceptability,the structures,involved are satisfactory for such use and need not be removed;Provi ded,however,this representation will rot 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 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 PROVIDH)FURTHER,that nothing contdned in this Paragraph II shall be construed as applicable to the disposi tion of any land or interest therein after the removal of the struc tures 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 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 pnrpose for which the housing is sought is temporary Veterans* Housing and that such housing is eligible for transfer pursuant to Section 601 (a),(b),(g),or Ch). 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 per form its obligations under Title VI of the Lanham Act.The Mayor shall immedia tely forward three certified copies of this resolution,together with the opinion 2. of the legal counsel to the Public Mousing Administration,and the same shall be the Applicant's request for relinquishment and transfer of the housing des cribed 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 Bay be necessary to comply with the conditions of transfer,and with this Resolution shall forward to the tublic 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. 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 6,1926,and prior to November 11, 1918 or at any time on or after June 27,195© and prior to February 1,1955,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.on PASSED AND ADOPTED by the City of Moses Lake this /J day of March, 1956. CITY OF MOSES LAKE,WASHINGTON By: MAYOR ATTEST:/ )*?z*x-4fej^*g^e TY CLERK 3. OVED AS TO FORM: ClW ATTORNEYS I,MABEL WATERMaK',Clerk of the City of Moses Lake,.Washington,do hereby certify that the foregoing resolution is a true and correct copy of Resolution No./3j5T adopted by the Council of saicN£i_ty^and approved by its Mayor on the /<3#day of March, 1956. CITY CLERK