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HomeMy WebLinkAbout1983-12-20; Housing & Redevelopment Commission; Resolution 33.x 0 0 '' i RESOLUTION NO. 033 RESOLUTION AUTHORIZING EXECUTION OF SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM REVISED MASTER SECTION 8 ANNUAL CONTRIBUTIONS CONTRACT NO. SF-535 INCLUDING PROJECT NUMBER CA76-EQ77-006 AND PROVIDING FOR THE DEPOSIT OF MONIES PURSUANT TO A GENERAL wosIrmY AGREEMENT WHEREAS the HOUSING AUTHORITY OF THE CITY OF CARLSBAD (herein called the "Pub1 ic Housing Agency") proposes (1 1 to enter into a Secti 8 Housing Assistance Payments Program Master Section 8 Annual Contributions Contract (herein called the "Contract") with the United States of America (herein called the "Government"); and (2) to provide for the deposit of moniez a member of the Federal Deposit Insurance Corporation (herein called the "Bank"); a1 1 lrJi th respect to any "Project" as defined in the Contract, and whi at any time, now or hereafter, is incorporated under the terms of such Contrar pursuant to a General Depositary Agreement with a financial institution which BE IT RESOLVED BY THE. PUBLIC HOUSING AGENCY, AS FOLLOWS: Section 1. The proposed Contract, designated "Section 8 Housing Assistance Payments Program'Mas'ter Sect-ion 8 Annual Contributions Contract", pursuant to the United States Housing Act of 1937, as amended, is hereby approved and accepted both as to forn and substance, and the Chairman is heret authorized and directed to execute said contract in three counterpar6 on beh; of the Public Housing Agency and to forward such executed counterparts io the Government, together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. __ Section 2. The GIBRALTAR S & L Agreement, form HUD-51999A dated April 8, 1982 9 which provides for the deposit of specified monies of 'I.. . one or more addi ti ona'l low rent housing projects...". The Public Housing Agency hereby determines that pursuant to ti terms of the Agreement the aforenamed Gank shall be the Depositary for the Section 8 Housing Assistance Payments Program established under the contract herein above approved. Section 3. The Chairman or Treasurer is hereby authorized and directed to file with the Government from time to tir as payments are required, requisitions together with the necessary supporting documents requesting periodic payments to be made on account of the Annual Contributons Contract, and the proper officers of the Public Housing Agency shall prepare, execute and deliver to the Government and shall accept payment therefor from the Government and such persons are authorized to do and perfori all other thing and acts required to be deposited and disbursed only in accor, dance with the provisions of the Annual Contributoins Contract. Section 4. This Resolution shall take effect immediatemy. and the PublSc Housing Agency have previously entered into a General Deposita) 5d4- d &A4. MARY H. YSLER, Chair Perst &&&R@- ALETKA L. PAUTENI<RANZ, City )Clerk d (Seal) - 0 0 'Y CERTIFICATE OF RECORDING OFFICER -___I I, the undersigned, the fuly qualified and acting City Clerk of the Ai ty of Carlslbad " do i.1ereb.y certify: 1. That the attached Resolution is a true and correct copy of a Resolution as finalfy adopted at 2 duly called meeting of the he1 d Or1 ~ecember 20, 1983, and duly recorded in the official records of said Governing Body that the Resolution has not been amended, modified, or rescined, and is now in full force and effect; CarlSbsd HOUS~~~ & Redeveloggent catmission - 2. That the meeting was duly convened and held in a1 1 respects in accordance with law; that to the extent required by law, due and proper notice of such meeting was gi yen; that a legal quorum was present throughout tne meting and thGt a 2egal?y sufficient nunt of memebers of the Carlsbad Housing & Redevelopent vatel in the proper iilanner for adoption ofTaid Resolut-i on; that a1 1 other requirements and proceedings under the law incident to the proper adoption or passage of the Rescfution, including publica- tion, if required, have been duly fulfilled, carried out, and otherwfse observed; that'I am authorized to execute this Certificate; and that the seal affixed below constitutes the off. c&ssion - "_I_ C i a ! 'Seal of the Carlsbad Housinq & Redevelopnt ccaranission and this Certificate is hereby executed under such official seal. ZM WITNESS WHEREOF, 1 hair? hereunto set my hand 8n December 21, 1983 (Date) (SEAL 1 ATRm T, . mKMNZ (Type Name) City Clerk (Tftk) 8 ,-,- 6. a 0 CITY OF CARLSBRD U .S. DEPARTMEU DF 3OUSING AND URI3AN DEVEL0Pil"lENT SECTION e iiOiiS1NG ASSISTANCE PAYMENTS PROGRAM EXISTING HOUSING PAfET 1 of: the ANNGAL CONTRIEUTIONS CONTRACT Number of this ACC Part I: SF-535 ""_1_ Master Section 8 ACC Number: SF-535 (E) Effective Date: 2.- 1-83 **a 1-3 \- $9 [Date of executior! by the Government Qf this ACC Part 11 7.1 "- The Program. (a) Projects Within Prow. The Existing Housing Program under t). ." KC Part I includes the following projects: . ?reject Number ACC List Number arid Date or' Approval CA16-EO77-001 SF-83-763 dated 10-20-83 CHf6-€077-003 SF-83-764 dated 70-20-83 CAl Q-EQ77-004 SF-83-335 dated 6-30-83 CA16-€077-006 SF-83-507 dated 8-78-83 (b) Number " of Units (By Size) in Program. The aggregate number of units by size of units included in these projects is as follows: Size of Unit - Number of Units 1 -BR 2-BR 3- EaR 4-BR 718 72 36 2% icl Maximum ACC "" Amount. The maximum KC amount for all Program Expendi%ures in respect to the aggregate number of units in these projects (t Program) is $l,i96,500.00 t per year; Provided, however, that this amount shall be reduced commensurately with any redaction in the number of units or changes in unit size under any provision of thSs ACC (see Section 1.4{a)I. T PHA shall not enter into any Cogtract or take any other action which will res in a claim for an Annua? Contributions in respect to the Program in excess of the amount stated in this paragraph (c). (dl PI-IA Obligation. The PHA, to the ritaxirnum extent feasible, sha1 enter into Housing Assistance Payments Contracts ("Contracts") in accordance with the numbers and sizes of units and subject to the maximum ACC amount SPE cified above. (e) Meaning of "Prc.ject" as Used 'in Master ACC aatd Part 11. For F l;beses of ,this part f. the term 'Yr~ject~~ wherever used in the blaster Sectlion E " ACC and in Part If shall !uean a71 the projects in the "Existing Housing Program, " '1,2 Authorization of ktions by PHA. In order to carry out the prograri the BHA i s-authorized to (a) enter into Housirq Assistance payments Contract: (b) make holjsing assistance payments an behalf of Families, and (c> take all other necessary actions a1 1 in accordance with the forms, condi tioris and reqt ments prescribed or approveti by the Government; Provided, however, that neiti the PIiA nor the Government shall assume any obligation beyond "chat provided ' Contracts -in the form approved by the Government. 7.3 "" Term of ACC, Lease and Contract e (a) Term of ACC. Tne term of this ACC shall be fjVe Years. ~~ HUD-5252GB (5-76) , .- 0 a (h) Term of Lease and Contract o The term of each Lease shall be for not less than one' year nor more than three years, but the Lease may contain a provision perini tting termination upcn 30 days advance written notice by either party. The terrrp, of each Contract, shall be for the term of the Lease, provided that if a Fami 7y centirrwes in occupancy after the expiration of the term on th! same terms and conditions as the ortginal Lease (01- changes thereto which have been approved by the PHA and incorporated !a the Contract where appropriate), the Contract shall continue in effect for the duration of such tenancy subject to the limitation in the next sentence, Any renewal of the Contract and Lease term, and any continuation of tenancy beyond the term, shall in no case extend beyond the tern: of this ACC. *""_._I__ _."". I_ "" 1,4 Annual Contribution, - " (a) Mxithstandi ng any other provisions of this ACC (other than paragraph IC) of this Section) or sly provisions of any other contract between the Government and the PtiA, the Government shall not be obligated to make any annual Contribution or any other payment with respect to any Fiscal Year in excess of the a.mo;lnt stated in Section l.l(c). (b) Subject t.~ the maximum dollar limitation in paragraph (a) of thi Section, the Governrnent shall pay for each Fiscal Year an Annual Contribution the PHA in respect to the Program in an amount equal to the sum of the foflowi (subject to reduction by the arnount clf any Program Receipts other than Annual Contributions, which Receipts shall be available for Pr0gra.m Expenditures): (I) The amount sf housing assistance payments payable during tt Fiscal Year (see Section 1.5) by the PHA pursuant to the Contract, as authhoriz in Section 1.2. (2) The ai lowanre, i R the? amount approved by the Governmeflt, fc prel imi nary costs of admi ni strati on. 13) The allowance, in the amount approved by the Government, f~ regular costs of administration, including costs of Government-required audit, of Owners and the PHA. IC) (1) An ACC reserve account will be established and maintained the Goverrmerit, as a specificslly identified and segregated account, in an amount as determined by the Government consistent with its responsibi 1 i ties under section 8(c)(61 of the Act. To the extent funds are available in said account, the Anma: Contribution for any Fiscal Year may exceed the maximum amoun% stated in paragraph (a) of this Section by SEIG)~ amount, if my, as may required for increases reflected in the estimates of required Annual Contribution applicable to such Fiscal Year as approved by the Government in accordance wi Lh Sectt an 2 e 11 bel ON. (2) The Government wi 11 take such additr'ona'i steps authorized section %(c)(6j of ths Act as may he necessary to assure availability of func to cover increases in housing assistance payments on a timely basis as a rew cf increases irr Contract Regts clr decreases in Family Incomes. (d) The Government wi 11 mice periodic payments on account of each Anwasl Contribution upon requisition therefor by the PHA in the form prescrit by the Government, Each requisitim shall include certifications by the PWA that hobsin5 assistance payments have been or will be made only: ( 1) In accordance wi th the provisions of the Contracts; and (2) With respect to units which the PHA has inspected or cause to be inspected, pursuant to Section 2.4 of Part I1 of this ACC, wi,thin one 5 prior to the making of such housing assistance payments. (e) Fol?owing the end of each Fisca? Year, the FHA shall promptly to the Government, unless otner disposition is approved by the Government, t amount, 4.f my, by which the total amount of the periodic payments during th Fiscal Year in accordance with this Section. Fi scai Year exceeds the 'iota? amount of the Annual Contribution payable far -2- HUD-52520B ( 5-75 1 1 8, .h e e 1.5 F-iscal Year. The Fiscal Year for the Program shall be the Fiscal Year estab7ished by Section 0.3 of this ACC; Provided, however, that the first Fisca Year For the Project shall be the pericd beginni 019 with the effective date of this ACC Part i and endivlg ou the last day of said established Fiscal Year whic is not less than 12 months after such effective date. If the first Fiscal Year adjusted by the addition of the pro rata amount applicable to the period of operation in excess of 12 months. """." ~ exceeds 12 n~or~ths~ the maximum Angual Contribution in Section 5 I 1 (c) may be 1.6 Periodic Adjustment of Contract Rents. Each Contract may provide for periodic adjustments in the Contract Rents chargeable by the Owner and commen- surate increases in amounts of housing assistance payments in accordance with applicable Government regulations. 1.7 Equal Opportunity Housing Plan. The PHA shall comply with a17 provi- sions of ?-fs HUB-approved equal opportunity housing plan. 1.8 Expeditious Carrying Out of Program. The PHA shall proceed expedi- tiously ui th the Program. If the PHA fai Is to proceed expeditiously, the Government, by notice to the PHA, may reduce its obligation hereunder with respect to the Program to the number and size-of dwelling units under Contract with Owners as of the date of receipt of such notice by the PHA, with a corresponding reduction in the maximum amount of the Annual Contribution spe- cified in Section l.l(cL 1.9 Prior ACCs Superseded. This Part I supersedes prior Section 8 Ex-isti Housing AGC Parts I, if any. PHA: HOUSING AUTHORITY OF THE CITY OF CARLSBAD By: _. %LA- d- &A/ Chairman // DATE : L&"&/ 21, lsF3 UNITED STATES OF AMERICA Secretary of Housing c and Urban Development By : Director, J Housi .cM/ q-)fl@&-h 1 4 i,/ i pment Di vi si on ios Angels Off I? DATE : .IAA)I.tAR'(' 30) rwy -3- HUD-52520B (5-76)