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HomeMy WebLinkAbout1983-12-20; Housing & Redevelopment Commission; 25; Approval of Annual Contract from HUDHOUSING AND-‘= -DEVELOPMENT COMMlSS -N - AGENDA BILL 4B#25 TITLE: APPROVAL OF ANNUAL CONTRIBUTION flTG. 12/20/83 CONTRACT FROM HUD FOR THE HOUSING IEPT. HSG AUTHORITY FOR APRIL 1, 1984 - MARCH 31, 1989 DEPT. HD.l!@$ke CITY ATTY \r CITY MGR..d!k RECOMMENDED ACTION: Housing and Redevelopment Commission adopt Resolution No. 033 approving the new five (5) year annual contribution contract for the Housing Authority. ITEM EXPLANATION: Federal Housing and Urban Development regulations require that the Housing and Redevelopment Commission officially approve the annual contribution contract for the Housing Authority. This contract will assure the City funding for the operation of the Housing Authority through March 31, 1989. The annual funding for that five year period is set at $1,146,600 or a total grant of $5,733,000. This action assures compliance with the federal regulations. FISCAL IMPACT: Acceptance of this resolution provides the funding for the operation of the Housing Authority in the annual budget of the City of Carlsbad. ..i EXHIBITS: / l- Housing and Redevelopment Commission Resolution No. 033 approving the annual contribution contract for April 1, 1984 - March 31, 1989. 2 - Annual contribution contracts to be signed by Commission Chairperson. 3 - Certificate of Recording Officer. ‘r , . RESOLUTlON NO. -3 RESOLUTION AUTHORIZING EXECUTION OF SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM REVISED MASTER SECTION 8 ANNUAL CONTRIBUTIONS CONTRACT NO. SF-535 INCLUDING PROJECT NUMBER CAl6-E077-006 AND PROVIDING FOR THE DEPOSIT OF MONIES PURSUANT TO A GENERAL DEPOSITARY AGREEMENT WHEREAS the HOUSING AUTHORITY OF THE CITY OF CARLSBAD (herein called the "Public Housing Agency") proposes (1) to enter into a Section 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 monies pursuant to a General Depositary Agreement with a financial institution which is a member of the Federal Deposit Insurance Corporation (herein called the "Bank"); all with respect to any "Project" as defined in the Contract, and which at any time, now or hereafter, is incorporated under the terms of such Contract: BE IT RESOLVED BY THE PUBLIC HOUSING AGENCY, AS FOLLOWS: Section 1. The proposed Contract, designated "Section 8 Housing Assistance Payments Program Master Section 8 Annual Contributions Contract", pursuant to the United States Housing Act of 1937, as amended, is hereby approved and accepted both as to form and substance, and the Chairman is hereby authorized and directed to execute said contract in three counterparts on behalf of the Public Housing Agency and to forward such executed counterparts to 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 and the Public Housing Agency have previously entered into a General Depositary Agreement, Form HUD-51999A dated April 8, 1982 which provides for the deposit of specified monies of Il... one or more add;tional low rent housing projects...". The Public Housing Agency hereby determines that pursuant to the terms of the Agreement the aforenamed Bank 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 fl?e with the Government from time to time 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 perform 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 immediateby. MARY H. ASLER, Chair Person di!ikbL 04. fl& ALETPA L. RAUTENKRANZ, City/Clerk (Seal) . ,,, .,.___ ““.eV1_ee, “- CERTIFICATE OF RECORDING OFFICER I, the undersigned, the fuly qualified and acting City Clerk of the Citv of Carlsbad ---- ---.---. do hereby certify: ~--- 1. That the attached Resolution is a true and correct copy of a Resolution as finally adopted at a duly called meeting of the Carl&ad Housing & Redevelopllent Cmnission ---_- held on Dxer&er 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; 2. That the meeting was duly convened and held in all respects in accordance with law; that to the'extent required by law, due and proper notice of such meeting was given; that a legal quorum was present throuqhout the meeting and that a legally sufficient number of memebers of the Carlsbad Housing & Bdevleopnent Cannission voted 7% the proper manner for adoption of said Resolution; that all other requirements and proceedings under the law incident to the proper adoption or passage of the Resolution, including publica- tion, if required, have been duly fulfilled, carried out, and otherwise observed; that I am authorized to execute this Certificate; and that the seal affixed below constitutes the offi- cial seal of the car&bad Housing & Redevelopllent carmission --7- and this Certificate 1s hereby executed under such official seal. IN WITNESS WHEREOF, I have hereunto set my hand on December 21, 1983 -- -----.- - (Date) (SEAL) (2!.&zLRRa (Signature) * ALExHAL.- (Type Name) - CITY OF CARLS8AD U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM EXISTING HOUSING PART I of the ANNUAL CONTRIBUTIONS CONTRACT Number of this ACC Part I: SF-535 Master Section 8 ACC Number: SF-535(E) Effective Date: [Date of execution by the Government of this ACC Part II 1.1 The Program. (a) Projects Within Program. The Existing Housing Program under this ACC Part I includes the following projects: Project Number ACC List Number and Date of Approval CA16-E077-001 SF-83-763 dated 10-20-83 CA16-E077-003 SF-83-764 dated 10-20-83 CA16-E077-004 SF-83-375 dated 6-30-83 CA16-E077-006 SF-83-507 dated 8-18-83 (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 l-BR 118 Z-BR 72 3-BR 36 4-BR 24 cc) Maximum ACC Amount. The maximum ACC amount for all Program Expenditures in respect to the aggregate number of units in these projects (the Program) is 61,146,600.00 per year; Provided, however, that this amount shall be reduced commensurately with any reduction in the number of units or changes in unit size under any provision of this ACC (see Section 1.4(a)). The PHA shall not enter into any Contract or take any other action which will result in a claim for an Annual Contributions in respect to the Program in excess of the amount stated in this paragraph (c). (d) PHA Obligation. The PHA, to the maximum extent feasible, shall 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. (ei Meaning of "Project" as Used in Master ACC and Part II. For pur- poses of this part I the term “Project" wherever used in the Master Section 8 ACC and in Part II shall mean all the projects in the "Existing Housing Program.“ 1.2 Authoritation of Actions by PHA. In order to carry out the program, the PHA isxthorized to (a) enter-into Housing Assistance payments Contracts, (b) make housing assistance payments on behalf of Families, and ic) take all other necessary actions all in accordance with the forms, conditions and require- ments prescribed or approved by the Government; Provided, however, that neither the PHA nor the Government shall assume any obligation beyond that provided in Contracts in the form approved by the Government. 1.3 Term of ACC, Lease and Contract. (a) Term of ACC. The term of this ACC shall be five years. HUD-52520B (5-76) (b) Term of Lea:{2 ,l!~d Contract. The term of each Lease shall be for _ __ ._... -_.------ -- not less th?n one-year nor more than three years, but the Lease may contain a provision permitting termination upon 30 days advance written notice by either party. The term of each Contract shall be for the term of the Lease, provided that if a Family continues in occupancy after the expiration of the term on the same terms and conditions as the original Lease (or changes thereto which have been approved by the PHA and incorporated in 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 term of this ACC. 1.4 Annual Contribution. --.- __- (a) Notwithstanding any other provisions of this ACC (other than paragraph (c) of this Section) or any provisions of any other contract between the Government and the PHA, 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 amount stated in Sectjon 1.1(c). (b) Subject to the maximum dollar limitation in paragraph (a) of this Section, the Government shall pay for each Fiscal Year an Annual Contribution to the PHA in respect to the Program in an amount equal to the sum of the following (subject to reduction by the amount of any Program Receipts other than Annual Contributions, which Receipts shall be available for Program Expenditures): (1) The amount of housing assistance payments payable during the Fiscal Year isee Section 1.5) by the PHA pursuant to the Contract, as authorized in Section 1.2. (2) The allowance, in the amount approved by the Government, for preliminary costs of administration. (3) The allowance, in the amount approved by the Government, for regular costs of administration, of Owners and the PHA. including costs of Government-required audits (c) (I) An ACC reserve account will be established and maintained by the Government, as a specifically identified and segregated account, in an amount as determined by the Government consistent with its responsibilities under section 8(c)(6) of the Act. To the extent funds are available in said account, the Annual Contribution for any Fiscal Year may exceed the maximum amount stated in paragraph (a) of this Section by such amount, if any, as may be required for increases reflected in the estimates of required Annual Contribution applicable to such Fiscal Year as approved by the Government in accordance with Section 2.11 below. (2) The Government will take such additional steps authorized by section 8(c)(6) of the Act as may be necessary to assure availability of funds to cover increases in housing assistance payments on a timely basis as a result of increases in Contract Rents or decreases in Family Incomes. (d) The Government will make periodic payments on accou.nt of each Annual Contribution upon requisition therefor by the PHA in the form prescribed by the Government. Each requisition shall include certifications by the PHA that housing assistance payments have been or will be made only: (1) In accordance with the provisions of the Contracts; and (2) With resoect to units which the PHA has inspected or caused to be inspected, pursuant to Section 2.4 of Part II of this ACC, wi,thin one year prior to the m&king of such housing assistance payments. (e) Following the end of each Fiscal Year, the PHA shall promptly pay to the Government, unless other disposition is approved by the Government, the amount, if any, by which the total amount of the periodic payments during the Fiscal Year exceeds the total amount of the Annual Contribution payable for such Fiscal Year in accordance with this Section. -2- HUD-525208 (5-76) I ^ . . . . 1 . . . ..- 1.5 Fiscal Year. The Fiscal Year for the Program shall be the Fiscal Year establishfimon 0.3 of this ACC; Provided, however, that the first Fiscal Year for the Project shall be the period beginning with the effective date of this ACC Part I and ending on the last day of said established Fiscal Year which is not less than 12 months after such effective date. If the first Fiscal Year exceeds 12 months, the maximum Annual Contribution in Section 1.1(c) may be adjusted by the addition of the pro rata amount applicable to the period of operation in excess of 12 months. 1.6 Periodic Adjustment of Contract Rents. Each Contract may provide for --7 --. periodic ad.lustments in the Contract Rents chargeable by the Owner and commen- surate increases in amounts of housinq assistance payments in accordance with applicable Government regulations. - 1.7 Equal I---- Opportunity Housing Plan. The PHA shall camp _------ sions of its HUD-approved equal opportunity housing plan. ly with all prov ly with all prov 1.8 Expeditious Carrying Out of Proqram. The PHA shall proceed expedi- 1.8 Expeditious Carrying Out of Proqram. The PHA shall proceed expedi- tiously with the Program. tiously with the Program. If the PHA fails to proceed expeditiously, the If the PHA fails to proceed expeditiously, the Government, by notice to the PHA, may reduce its obligation hereunder with 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 Contracts 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 1.1(c). . l- 1.9 Prior ACCs Superseded. Housing AE-t%m, if any. - This Part I supersedes prior Section 8 Existing PHA: HOUSING AUTHORITY OF THE CITY OF CARLSBAD DATE: ,C.,</-c iL &, 4, -1-I, / '; 2.3 UNITED STATES OF AMERICA Secretary of Housing and Urban Development c By: Director, Housing Development Division Los Angeles Office DATE: -3- HUD-525208 (5-76)