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186RESOLUTION NQ#/%C RESOLUTION REAFFIRMING APPROVAL AND EXECUTION OF A COOPERATION AGREEMENT WITH THE HOUSING AUTHORITY OF GRANT COUNT?,WASHINGTON. WHEREAS,the City Council of the City of Moses Lake, Washington,did on the 13th day of January,1959,adopt its Resolution No«178 entitled MResolution Approving the Application of the Housing Authority of Grant County,Washington, for Pre liminary Loan for Low-Rent Public Housing";and WHEREAS,said Resolution provided that the City Council approv and authorize the execution of a Cooperation Agreement in substantially the form thereinafter set forth with the mentioned Housing Authority;and WHEREAS, it appears that the form of such Cooperation Agree ment although discussed by the City Council was not made a part of such Resolution at such time, but was subsequently executed on behalf of the City;and WHEREAS,it is the desire of the City Council to reaffirm the action taken heretofore under Resolution No*178 and to approve and confirm the execution on behalf of the City of a Cooperation Agreement in connection with a low-rent project or projects to be developed and administered in the City of Moses Lake by the Housing Authority of Grant County,Washington,which public body has heretofore been authorized to function in the City of Moses Lake; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITT OF MOSES LAKE,WASHINGTON,THAT: (1)Resolution No*178,heretofore adopted by the City Council on January 13,1959,is hereby reaffirmed and confirmed* (2)The Cooperation Agreement authorized by such Resolu tion No.178 to be entered into with the Housing Authority of Grant County, Washington, pursuant to the provisions of the Washington Housing Cooperation Law, and thereafter executed by the Mayor and the seal of the City of Moses Lake thereon af fixed and attested to by th©City Clerk,is hereby reaffirmed OAiOiu, s~ and confirmed as being the indicated Cooperation Agreement re ferred to in Resolution No.1?8 and as herein set forth as Exhibit "A"attached hereto and made a part hereof. (3)The Mayor and City Clerk are hereby authorised and directed to re-execute such Cooperation Agreement in the form set forth herein as Exhibit nAn in as many counterparts as may be required by the Housing Authority,and to date such Cooperation Agreement as herein re-executed as of a current date* (Ij.)This Resolution shall become effective immediately and need not be laid over or published or posted as thereby provided under and pursuant to the provisions of Section 7^.28.060 of the Revised Code of Washington. PASSED AND ADOPTED this /*?^day of 7?*-**-^ 1959. (SEAL) ATTEST City fllerk - 2 • r MavftiMayor EXHIBIT ttAn COOPERATION AGREEMENT This Agreement entered into this day of 1959,by and between the Housing Authority of Grant County, Washington (herein called the "Local Authority")and the City of Moses Lake,Washington (herein called the "Municipality"), witnesseth: In consideration of the mutual covenants hereinafter set forth,the parties hereto do agree as follows: 1.VJhenever used in this Agreement: (a)The term "Project" shall mean any low-rent housing hereafter developed as an entity by the Local -Authority with financial assistance of the Public Housing Administration (herein called the "PHA");excluding,however,any low-rent housing project covered by any contract for loans and an nual contributions entered into between the Local Authority and the PHA,or its predecessor agencies, prior to the date of this Agreement. (b)The term "Taxing Body"shall mean the State or any political subdivision or taxing unit thereof in which a Project is situated and which would have authority to assess or levy real or personal pro perty taxes or to certify such taxes to a taxing body or public officer to be levied for its use and benefit with respect to a Project if it were not ex empt from taxation. (c)The term "Shelter Rent"shall mean the total of all charges to all tenants of a Project for dwelling rents and nondwelling rents (excluding all other income of such Project),less the cost to the Local Authority of all dwelling and non- dwelling utilities. (d)The term "Slum" shall mean any area where dwellings predominate which,by reason of di lapidation,overcrowding,faulty arrangement or design,ick of ventilation,light or sani tation facilities,or any combination of these factors,are detrimental to safety,health,or morals. 2.The Local Authority shall endeavor (a)to secure a con tract or contracts with the PHA for loans and annual contribu tions covering one or more Proiects comprising approxima tely 30 units of low-rent housing and (b)to develop and administer such Project or Projects, each of which shall be located within the corporate limits of the Municipality.The obligations of the parties hereto shall apply to each such Project* 3.(a)Under the constitution and statutes of the State of Washington,all Projects are exempt from all real and per sonal property taxes and special assessments ]e vied or imposed by any Taxing Body. With respect to any Project, so long as either (i)such Project is owned by a public body or govern mental agency and is used for low-rent housing purposes,or (ii)any contract between the Local Authority and the PHA for loans or annual contributions,or both,in connection with such Project remains in force and effect,or (iii)any bonds issued In connection with such Project or any monies due to the PHA in connection with such Project remain unpaid,whichever period is the longest, the Municipality agrees that It will not levy or impose any real or personal property taxes or special assess ments upon such Project or upon the Local Authority with re spect thereto.During such period,the Local 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 with respect to such Pro ject. (b)Each such annual Payment in Lieu of Taxes shall be made after the end of the fiscal year established for such Pro ject,and shall be in an amount equal to either (i) ten percent (10$)of the Shelter Rent actually collected but in no event to exceed ten percent (10$)of the Shelter Rent,or (ii)the amount permitted to be paid by applicable state law in effect on the date such payment is made,whichever amount is the lover,o (c)The Municipality shall distribute the Payments in Lieu of Taxes among the Taxing Bodies in the proportion which the real property taxes which would have been paid to each Tax ing Body for such year if the Project were not exempt from tax ation bears to the total real property taxes which would have been paid to all of the Taxing Bodies for such year if the Pro ject were not exempt from taxation;Provided,however,That no payment for any year shall be made to any Taxing Body in excess of the amount of the real property taxes which would have been paid to such Taxing Body for such year if the Project were not exempt from taxation. (d)Upon failure of the Local Authority to make any Payment in Lieu of Taxes,no lien against any Project or as sets of the Local Authority shall attach, nor shall any interest or penalties accrue or attach on account thereof. [{..The Municipality agrees that,subsequent to the date of initiation (as defined in the United States Housing Act of 1937, as amended)of each Project and within five years after the com pletion thereof,or such further period as may be approved by the PHA,there has been or will be elimination (as approved by the PHA)by demolition,condemnation,effective closing,or com pulsory repair or improvement,of unsafe or insanitary dwelling units situated in the locality or metropolitan area in which such Project is located,substantially equal in number to the number of newly constructed dwelling units provided by such Pro ject;Provided,That,where more than one family is living in an unsafe or insanitary dwelling unit, the elimination of such unit shall count as the elimination of units equal to the number of families accommodated therein;and Provided,further,That this paragraph i].shall not apply in the case of (i)any Project de veloped on the site of a Slum cleared subsequent to July 15, 19l|9,and that the dwelling units eliminated by the clearance of the site of such Project shall not be counted as elimination for any other Project or any other low-rent housing project,or (ii)any Project located in a rural nonfarm area. 5.During the period commencing with the date of the ac quisition of any part of the site or sites of any Project and continuing so long as either (I)such Project is owned by a public body or governmental agency and is used for low-rent housing purposes,or (ii)any contract between the Local Au thority and the PHA for loans or annual contributions,or both, in connection with such Project remains in force and effect,or (iii)any bonds issued in connection with such Project or any monies due to the PHA in connection with such Project remain un paid,whichever period is the longest, the Municipality without -2- v-/ cost or charge to the Local Authority or the tenants of such Project (other than the Payments in Lieu of Taxes)shall: (a)Furnish or cause to be furnished to the Local Authority and the tenants of such Project public services and facilities of the same character and to the same extent as are furnished from time to time without cost or charge to other dwellings and inhabitants in the Municipality; (b)Vacate such streets,roads,and alleys within the area of such Project as may be necessary in the development thereof,and convey without charge to the Local Authority such interest as the Municipal ity may have in such vacated areas;and,in so far as it is lawfully able to do so without cost or ex pense to the Local Authority or to the Municipality, cause to be removed from such vacated areas,in so far as it may be necessary,all public or private utility lines and equipment; (c)In so far as the Municipality may lawfully do so,(i)grant such deviations from the building code of the Municipality as are reasonable and necessary to promote economy and efficiency in the development and administration of such Project, and at the same time safeguard 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 development and protection of such Project and the surrounding territory: (d)Accept grants of easements necessary for the development 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 con nection with the development and administration of such Project. 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 streets,roads, alleys, and adjacent sidewalks within the area of such Project,together with all storm and sanitary sewer mains in such dedicated areas,after the Local Authority,at its own ex pense, has completed the grading,improvement, paving,and installation thereof in accordance with specifications acceptable to the Municipal ity; (b)It wL 11 accept necessary dedications of land for, and will grade, improve, pave, and provide sidewalks for,all streets bounding such Project or necessary to provide adequate access thereto (in consideration whereof the Local Authority shall pay to the Municipality such amount as would be assessed against the Project site for such work if such site were privately owned); and (c)It will provide,or cause to be provided, water mains, and storm and sanitary sewer mains, -3- leading to such Project and serving the bounding streets thereof (in consideration whereof the Local Authority shall pay to the Municipality such amount as would be assessed against the Project site for such work if such site were privately owned). 7. If by reason of the Municipality's failure or refusal to furnish or cause to be furnished any public services or fa cilities which it has agreed hereunder to furnish or to cause to be furnished to the Local Authority or to the tenants of any Project,the Local Authority incurs any expense to obtain such services or facilities then the Local Authority may deduct the amount of such expense from any Payments in Lieu of Taxes due or to become due to the Municipality in respect to any Project or any other low-rent housing projects owned or operated by the Local Authority. 8. No Cooperation Agreement heretofore entered into be tween the Municipality and the Local Authority shall be con strued to apply to any Project covered by this Agreement. 9. So long as any contract between the Local Authority and the PHA for loans (Including preliminary loans)or annual contributions,or both,in connection with any Project remains in force end effect,or so long as any bonds issued in connec tion with any Project or any monies due to the PHA in connection with any Project remain unpaid,this Agreement shall not be abro gated, changed,or modified without the consent of the PHA. The privileges and obligations of the Municipality hereunder shall remain in full force and effect with respect to each Project so long as the beneficial title to such Project is held by the Lo cal Authority or by any other public body or governmental agency, including the PHA,authorized by law to engage in the devel opment or administration of low-rent housing projects.If at any time the beneficial title to,or possession of,any Project is held by such other public body or governmental agency,in cluding the PHA, the provisions hereof shall inure to the bene fit of and may be enforced by,such other public body or gov ernmental agency,including the PHA. 10. In addition to the Payments in Lieu of Taxes and in further consideration for the public services and facilities furnished and to be furnished in respect to any Project for which no Annual Contributions Contract had been entered into prior to August 2,195U*between the Local Authority and the PHA; (1)After payment in full of all obligations of the Local Authority in connection with such Project for which any annual contributions are pledged and until the total amount of annual contributions paid by the PHA in respect to such Project has been repaid,(a)all receipts in connection with such Pro ject in excess of expenditures necessary for the management, operation,maintenance,or financing,and for reasonable re serves therefor,shall be paid annually to the PHA and to the Municipality on behalf of the local public bodies which have been contribued to such Project in the form of tax exemption or otherwise,in proportion to the aggregate contribution which the PHA and such local public bodies have made to such Project, and (b)no debt in respect to such Project, except for nec essary expenditures for such Project,shall be incurred by the Local Authority; (2)If,at any time,such Project or any part thereof is sold, such sale shall be to the highest responsible bidder after advertising,or at fair market value as approved by the -h- PHA, and the proceeds of such sale,together with any reserves, after application to any outstanding debt of the Local Author ity in respect to such Project, shall be paid to the PHA and local public bodies as provided in clause 1(a)of this Section 10: Provided, That the amounts to be paid to the PHA and the lo cal public bodiesshall not exceed their respective total contri bution to such Project: (3)The Municipality shall distribute the payments made to it pursuant to clauses (1)and (2)of this Section 10 among the local public bodies (including the Municipality)in proportion to their respective aggregate contributions to such Project. IN WITNESS WHEREOF 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 abov e written. (SEAL) Attest: City Clerk (SEAL) Attest: Secretary City of Moses Lake By (Title) Housing Authority of Grant County, Washington By Chairman u U iJERTIPICATE i#Mabel Waterman $the city Clerk ^the c±ty of Moses Lake,Washington,do hereby certify as follows: (1)That on MarcbOlQth .1959,wfcen the City Council of the City of Moses Lafce adopted the attached Resolution No*185 &^186 it was composed of the following qualified members: 1#Frank Holmes 2*Alex Law 3#Russell Stark k-*William Hilderbrand 5#Fred Krueger 6#Merle West 7.________ (2)That the attached Resolution No*186 is a true, correct and conformed copy of the original Resolution on file in my office and was adopted by the following vote of the City Council: AYES HOES ABSENT (3)That such Resolution No*___was adopted at a regular meeting of the City Council of the City of Moses Lake held in the City Hall on the 10th day of .March m 1959#at the hour of Eight P.M in accordance with the provisions of Ordinance No#»a true copy of which Ordinance is also at tached hereto© IN WITNESS WHEREOF, I have hereunto set my hand and affix ed the official seal of the City of Moses Lake this 10 day of March 19$9# ^.City cierfc of the City (SEAL)-Moses Lake,Washington