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Resolution No. 91-20 . •®MW 69 AW s� CITY OF TIGARD, OREGON RESOLUTION NO. 91 (-_2 RESOLUTION OF THE TIGARD CITY COUNCIL APPROVING THE ENTERING INTO OF A COOPERATION AGREEMENT BETWEEN THE CITY OF TIGARD AND THE HOUSING AUTHORITY OF WASHINGTON COUNTY AND AUTHORIZING ITS EXECUTION. WHEREAS, the City finds it desirable to coordinate with the Washington County Housing Authority, the Department of Housing and Urban Development and other federal, state, and regional agencies for the a provision of subsidized housing programs in Tigard; and WHEREAS, under the provisions of the United States Housing Act of 1937, as amended (herein called the "Act"), the Secretary of Housing and Urban Development is authorized to provide financial assistance to local public housing agencies (hereinafter called "Local Authority") for undertaking and carrying out the development and operation of low-rent housing projects that will assist in meeting this goal; and WHEREAS, pursuant to Section 5(e) (2) of the Act, as amended, it is necessary in order to obtain Federal financial assistance for such low- rent housing, that the local governing body enter into a Cooperation Agreement with the Local Authority providing for local cooperation in connection with such housing projects; and WHEREAS, it is the desire ofthisgoverning body to cooperate in the provision of low-income housing for this locality and to enter into a Cooperation Agreement with the Local Housing Authority. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: 1. There exists in.this locality a need for such low-rent housing at rents within the means of low-intone families or person_ 2. The entering into of the Cooperation with the Housing Authority of Washington County is hereby approved. 3. The Mayor is hereby authorized to execute said Cooperation Agreement in as many counterparts as may be required by the Secretary of Housing and Urban Development. 4. The City Recorder is hereby authorized to attest to all counterparts of the Cooperation Agreement and to affix or impress the official seal on all said counterparts. RESOLUTION NO. 9l-Q0- Page 1 i 5. This Resolution shall take effect immediately: PASSED: This day of <<- ,ski L/ 1991. /Mayor - Jity f Tigard ATTEST: City Recorder - City of T rd ke/OREWSE ' RESOLUTION NO. 91- O Page 2 t { i How Attachment to Form STD-552481 �f NOTES IN CONNECTION WITH THE USE OF ^ FORM IIID-52481, "COOPERATION AGPXMWNT" For general information in connection with the' preparatiand on on adoption of l Cooperation Agreements-, See Handbook 74 Chapter Fors HUD-52481 should be used as a guide in drafting a Cooperation Agreement. It is applicable to both urban and rural nonfarm housing. Normally, a Cooperation Agreement will cover low-rent housing to be.developed or acquired In one locality, and Fors HUD-52481 is for use in entering into an agreement with the governing body of the locality in which such housing is to be located. In the event that cooperation is requirod from an additional governing body or taxing body, a joint agreement or separate agreements cations -52481 will becrequired nandbtheeGovernment should dbelconsulted finosuU chcases- The following notes are related to 'theuse of the blank Spaces in Form HUD-52481: 9 I/ lnsert the name of the politioal subdivision with which the Cooperation Agreement is being entered into, such as "City of Atlanta, Georgia,, or "County of Fulton, State of Georgia," the Agreement dtom iddentifyithe political subdivision, ety,- I. used an a defined v even roughout . in come cases it may be a county or other body. Insert the number of unite of low-rent housing to•whioh the Cooperation Agreement applies. V Insert the name of the State, indioatdng whether it is a State or Commonwealth. IMM ,j Page 1 COOPER TION AGREEMEI31` This Agreement entered into this day of 19 , by and between Housing Authority of washington County i (heren called the "Local Authority") and City of Tigard 1/ (herein called the "Municipality"), witnesseth: In consideration of the mutual covenants hereinafter set forth, the parties hereto do agree as follows' 1. Whenever used in this Agreements (a) The term "Project" shall mean any low-rent housing hereafter developed or acquired by the Local Authority with financial assistance of the United States of America acting through the Secretary of Housing and Urban Development (herein called the "Government"); excluding, however, any low-rent housing project covered by any contract for loans and annual contributions entered into between the Local Authority and the Government, 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 property 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 exempt from taxation. (c) The term "Shelter Rent" shall mean the total of all charge. to all tenants of a project for dwelling _rents and nondwelling rents (excluding all other income of such Project), less the cost of the Local Authoritv of all dwelling a nd nondwelling utilities. 2. The Local Authority shall endeavor (a) to secure a contract or contr-sate with the Government for loans and annual contributions covering one or more Projects comprising approximately 2/ units of low-rent housing and (b) to develop or acquire 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 , 3/ all projects are exempt from all read personal property taxes and special assessments levied 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 governmental agency and is used for low-rent housing purposes I or (ii) any contract between the Local Authority and the Government 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 Government in connection with such Project remain unpaid, whichever period is the longest, the Municipality agrees that it w111 not levy or impose any real or.personal property taxes or special assessments upon such Project or upon the Local Authority with respect thereto. During such period, the Local Authority ..all 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 withoutother cost or charge for or with respect to such Project. 110 I HUD-52481 Page 2 (b) Each such annual Payment in Lieu of Taxes shall be made after the end of the fiscal year established for such Project, and shall be in an amount equal toeither (i) ten percent (108).of the Shelter Rent charged by the Local Authority in respect to such Project during such fiscal year 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 lower. (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 Taxing Body for such year if the Project were not exempt from taxation bears to the total real property taxes which would have been paid to all of the Taxing Bodies for such year if the Project 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 assets of the Local Authority shall attach, nor shall any interest or penalties accrue or attach on account thereof. 4. During the period commencing with the date of the. acquisition 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 Authority and the Government 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 duo to the Government in connection with such Project remain unpaid, E _ whicheverperiodis the longest, theMunicipality without cost or 4 charge to the Local Authority or the tenants of much Project (other ,j •� .than the Payments in Lieu of Taxes) shallt (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 Municipality may have in such vacated areas, and, in so far as it is lawfully able to do so without cost or expense 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, (1) grant such deviations from the building code of the Municipality as are reasonable and necessary to promote economy . and efficiency in thedevelopment 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 corritory; 11111 NOR V! 1 1 HUD-52481 Page 3 (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 connection with the development end administration of such Project. S. 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 Bower mains in such dedicated areas, after the Local Authority, at its own expense, has completed the grading, improvement, caving, and installation thereof in accordance with specifications acceptable to the Municipality; (b) It will 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, leading to. . such Project and serving the bounding etrecta thareoz (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). 6. If by reason of the Municipality's failure or refusal to furnish or cause to be furnished any public services or facilities 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'Authorlty 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. 1ow-rent housing projects owned or operated by the Local Authority. 7. No Cooperation Agreement heretofore entered into between the Municipality and the Local Authority shall be construed to apply to any Project covered by this agreement. . { 8. No member of the governing body of the Municipality or any other public official of the Municipality who exercises any responsibilities or functions with respect to any Project during his tenure or for one year thereafter shall have any interest, direct or indirect, in any Project or any property included or planned to be included in any project, or any contracts in connection with such Projects or property. If any such governing body member or such other public official of the Municipality involuntarily acquires or had acquired prior to the beginning of his tenure anysuchinterest, he shall immediately disclose such interest to the Local Authority. 9. So longus any contract between the Local Authority and the Government for loans (including preliminary loans) or annual Contributions, or both, in connection with any Project remains In force and effect, or so long as any bonds issued in connection with q i f!! HUD-52481 Page 4 FEM any Project or any monies due to the Government in connection with any Project remain unpaid, this Agreement shall not be abrogated, changed, or modified without the consent of the Government. The privileges and obligations of the Municipalitv 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 Local Authority or by any other public body or governmental agency, including the Government, authorized by law to engage in the development 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, including the Government, the provisions hereof shall insure to the benefit of and may be enforced by, such other public body or governmental agency, including the Government. IN WITNESS WHEREOF the Municipality and the Local Authority have respectively signed this Agreement and caused their seals to be affixed end attested as of the day and year first above written. (SEAL) City of Ti and (Corpo 3 u icipality) ATTEST: By By Gerald Edwards, b%avor Catherine Wheatley, City Recorder, (Type Name and Title) (Type Name and Title) (SEAL). (Corporate Name o•f Local Authority) ATTEST: By Chairman By (Type Name and Title) P