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RESOLUTION NO.
A RESOLUTION OF THE CITY OF MOSES LAKE,WASHINGTON,REQUEST
ING TRANSFER 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
municipal 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 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
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of Moses Lake,County of Grant,a housing project of
temporary construction,comprising of twenty-nine (29)
dwelling structures and containing one hundred thirty
(130)family dwelling units,and twoq (2)non-dwellinq
structures of the following numbers and types:one (l)
Maintenance-Management and Community Hall and one (l)
Warehouse,as indicated on the site plan attached as
"Appendix A"and made a part hereof,together with
personal property,appurtenances,and materials held
in connection 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)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:
Firstf to families which are to be displaced
by any low-rent housing project or by any
public slum clearance or redevelopment pro
ject initiated after January 1, 1947, or
which were to be 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 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 service-
connected, and third preference shall be given
to families of other veterans and servicemen;
Seconds 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 determined by the Veterans Administration
to be service-connected:Providedr that not
withstanding 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,includ
ing the establishment of adequate reserves.
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(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 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 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
representation will not apply to any disposal
through demolition for salvage,lease to tenants
for residential occupancy,or lease of non-
dwelling 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 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 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 non-housing
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 Veterans*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 of the Legal
Counsel to the Public Housing Administration,and the same
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shall be the Applicant's request for relinquishment and
transfer 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 pro-rated 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
solution 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.
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,or at any
time on or after june 27,1952,and prior to February 1,
1955,and who shall have been discharged or released there
from 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.
£*L PASSED AND ADOPTED by the City of Moses Lake this/^r day of March,1956.
CITY OF MOSES LAKti,WASHINGTON
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M A Y 0 R
City Attorney