HomeMy WebLinkAbout1986-02-18; Housing & Redevelopment Commission; 57; Section 8 Housing Voucher Program. HOUSING AND - EDEVELOPMENT COMMISS -.N - AGENDA BILL 63 I c.
AB# 57 TITLE: DEPT. HD. L
MTG. 2/18/86 SECTION 8 HOUSING VOUCHER PROGRAM 3fiei CITY AIN
DEPT. RED CITY M0R.z
RECOMMENDED ACTION:
Housing and Redevelopment Commission approve Resolution No. 064 authorizing Chairperson to execute documents for Section 8 Housing Voucher Program, Contract No. SF-535.
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ITEM EXPLANATION
On September 30, 1985, the Housing Department was notified of application approval from the Department of Housing and Urban Development for allocation of Housing Vouchers. On January 28, 1986, the Housing Department was provided the necessary
documents to execute said Housing Voucher Program. The new
Housing Voucher Program will provide an additional 25 units for subsidy in the following unit distribution:
1 - Bedroom 16 (Elderly) 2- Bedroom 6 3- Bedroom 3
Total 25 (16 Elderly)
The Department of Housing and Urban Development (HUD) will contribute an additional $109,978 to subsidize the new units. Also, an additional $11,825 for housing voucher fees. No general fund monies will be necessary to administer these new units. The
addition of the voucher program will bring total of units
subsidized to 290 (15 units pending authorization).
The Housing and Redevelopment Commission is asked to approve the
additional 25 units and direct the Chairperson to execute the
necessary documents for implementation.
I FISCAL IMPACT
An additional $121,803 in subsidy and housing voucher fees.
total fees continue to cover Housing Department expenses.
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EXHIBITS
l- Resolution No. 064 2- Correspondence dated September 30, 1985 3- Correspondence dated January 28, 1986 4- Annual Contribution Contract documents adding Project CA16-V077-001
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RESOLUTION NO; 064
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT
COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING NEW PART I AND PART II OF SECTION 8 HOUSING VOUCHER PROGRAM ANNUAL CONTRIBUTIONS CONTRACT NO. SF-535 AND AUTHORIZING EXECUTION INCLUDING PROJECT NO.(s) CA16-V077-001
of Carlsbad("PHA")
ntract ("ACC")
) for the Section 8
WHEREAS, the Housing Authority of the City
desires to enter into an Annual Contributions Co
with the United States of America ("Government"
Existing Housing Voucher Program.
The Section 8 Existing Housing Voucher ACC
following counterparts:
consists of the
(4 Part I of the ACC, HUD-52520D (6/85) applicable to the . Section.8 ,Existing Housing Voucher Program;.. . . *
(b) Part II of the ACC, HUD-52530E (6/85) applicable to the Section 8 Existing Housing Voucher Program.
NOW, THEREFORE, BE IT RESOLVED by the PHA, as follows:
1. The New Part I and Part II of the ACC for the Section 8
Existing Housing Voucher Program are hereby approved and accepted.
The Chairman or Acting Chairman is hereby authorized and directed
to execute the counterparts of the ACC on behalf of the PHA, and
the Secretary is hereby authorized to impress the official seal of
the PHA on each such counterpart and to forward such executed
counterparts to the Government together with such other documents
evidencing the approval and authorizing the execution of as may
be required by the government.
2. This resolution shall take effect immediately.
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PASSED, -APPROVED AND ADOPTED at a regular meeting of the
Housing and Redevelopment Commission of the City of Carlsbad,
California, on the 18th day of February, 1986, by the following
vote, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
ALETHA L. RAUTENKRANZ, Civ Clerk
. . . _ . ,. . .
(SEAL)
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; 34 -0 llllllll x 8 ‘313. II**
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3 0 SEP 7985
Mr. Martin Orenyak, Director
Building & Planning
Carlsbad Housing & Redevelopment Commission
2965 Roosevelt Street, Suite "B"
Carlsbad, CA 92008
1615 West Olympic Boulevard
Los Angeles, California
Dear Mr. Orenyak:
SUBJECT: Notification of Application Approval
Formula Allocation Component of the Housing Voucher Program
Project No. CA16-V077-001
You are hereby notified that your application dated September 5, 1985 for
Formula Housing Vouchers has been approved. This program will be administered
in accordance with Notices published in the Federal Register, Volume 50, No. 89,
dated May 8, 1985.
Annual Contributions Contract Authority in the amount of $121,803 has been
reserved for this application. This includes $109,978 for subsidies, and
$11,825 for housing voucher fees. The total number of vouchers approved is 25,
in the following unit distribution:
O-BEDROOM
l-BEDROOM 16 (Elderly)
2-BEDROOM 6
3-BEDROOM 3
4-BEDROOM
TOTAL 25 (16 Elderly)
The term of the ACC for each funding increment shall be five (5) years,
beginning on the date of the first advance of annual contributions for the
funding increment.
HUD will offer the Annual Contributions Contract when the following exhi-
bits have been submitted and approved by this office:
1. Revised Equal Opportunity Housing Plan and Revised Administrative Plan,
amended to reflect: (a) the special PHA policies for administering the
program; (b) the procedure for selecting families from the waiting list
(including preferences) in accordance with Section II; E, 3, of the Notice
of Fund Availability dated May 8, 1985, for participation in the Housing
Voucher Program; and (c) the special functions related to housing vouchers,
such as, computation of housing assistance payments and inapplicability of
the 30 percent cap on a family's contribution towards rent.
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2. Form HUD-52672, Supporting Data for Annual Contributions Estimates (2-851,
(documentation supporting the data on Form HUD-52762 must be provided);
Form HUD-52673, Estimate of Total Required Annual Contributions (2-85); and
Form HUD-52663, Requisition for Partial Payment of Annual Contributions
(2-85).
For your assistance, we are enclosing copies of the above Budget forms.
3. Proposed schedule of allowances for utilities and other services with a
justification of the amounts proposed, or certification that the approved
allowances have been reviewed within the last 12 months and are appropriate.
Please submit these exhibits within 60 days of receipt of this Notification
Of AtIDrOVal. If we do not receive the re=ested exhibits within 60 days of Your
recejpt of thins letter,
Upon request, this
need in the preparation
contact the Multifamily
Georgia Miller at (213)
Enclosures
the reservation will be subject~to cancellation. -
office will be pleased to provide any assistance you may
of these documents. If you have any questions, please
Housing Representative assigned to this project - Mrs.
251-7043.
incerely,
L l?lLaLL
Dr. Benjamin F. Bobo
Manager
Los Angeles Office, 9.4s
,+*ro $’ (,“.. =3 OG I ? z* . *‘: i “4 llllllil c? a* %*po $I<*
Mr. Martin Orenyak
Housing Director
City of Carlsbad
Housing & Redevelopment Commission
1200 Elm Avenue
Carlsbad, CA 92008
Dear Mr. Orenyak:
U.S. Department of - JSIMJ and
Los Angeles Area OfliL-, Region IX
1615 West Olympic Boulevard
Los Angeles, California 900 15-380 1
SUBJECT: Contract No. SF-535
New Annual Contributions .Contract for
Section 8 Housing Voucher Program
Adding Project No. CA16-V077-001
Enclosed is subject contract and documentation necessary to effect
its executiqn. This new contract consists of a Part I and Part II for
the Housing Voucher Program. Please adopt the Resolution and prepare
the various documents exactly as set forth in the Instruction Sheet
enclosed. Upon execution by the Government, a fully executed copy will
be sent to you.
Please return the executed contracts and supplemental materials
directly to the Office of Chief Counsel. Should any questions arise
concerning the contract or its execution, please contact the attorney
assigned to the Section 8 Voucher Program at (213) 251-7100. . .
Sincerely,
Enclosures
. .
Janine M. Dolezel
Chief Counsel, 9.46
RECEIVED
JAN .3 0 1296
CU-Y OF CAR&BAD
Buikling Department
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INSTRUCTIONS FOR PHA
COMPLETION AND DISPOSITION OF DOCUMENTS
RE ANNUAL CONTRIBUTIONS CONTRACT (ACC)
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1. RESOLUTION. Enclosed are three copies.
(a) Complete as follows: Fill in Resolution No. at top of page 1.
(b) Disposition:
(1) Original to be kept by PHA for its own records (Minute Book).
(2) Certify and return two copies to HUD as part of the two
certified copies of Extract of Minutes (HUD-9011, 9012, 9013
and 9014).
2. AC CONTRACT PART I. Enclosed are five copies.
(a) Complete as follows:
.(l) Have Chairman or other official authorized by the
Resolution sign at least three copies; the other two
may be conformed.
(2) Fill in the date of execution by the PHA on all five
copies.
(3) Print or type the name and official title of the signatory
on all five copies.
(4) Affix the seal of the PHA on all five copies.
(b) Disposition: Return all five to HUD. Upon execution by the
Government, a fully executed copy of the Contract will be
transmitted to you.
3. AC CONTRACT PART II. Keep for your records.
4. EXTRACT OF MINUTES (HUD-9011, 9012, 9013, and 9014). Enclosed are
two sets. Fill in -all blanks, where applicable, certify both sets and
ret,urn to HUD.
5. GENERAL CERTIFICATE (HUD-9009). Enclosed are three copies. Complete
all blanks and certify all copies. Retain one copy and return two
to HUD.
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Shpporting Data for - , j U.S. Department of Housing -.’ ‘1
’ Annual Contributions and Urban Development
Section 8’ Estimates Housing Assistance Payments Program
Note: See instructions in appropriate program handbooks.
1. Publk Housing Ag.ncy (Name and AddrmJ
OMB No 2502-0548 (exp 10/31/86)
2 Pr0joct No.
I I I I I I I 3. submlrskil
0 Original q Revision No. I
4. No. ot Oralllng Unk~ 5. No. 01 UntI Meatha
Part I Estimate of Annual Housing Assistance Payments Requirod
aedra0.n Sk* Numbr ol al mvblllng DwIHng UlIhS UlIltS
w @I
Monthly Gross AtnoUrn unn Momhr Annull NoMIng
“%:td~ Payable by E.iGlt: IJndU Aasinanca Paymmta Family Toward A~@lnmc* LUI. P*ymmnts k) om21n*m (.I WI
Part II Calculation of Estimated Ongoing Administrative Fee
Unit Months HUD Publnrhad Z-&i
16.1 I I I
17.
16. Total
Estimated Hard-tu Fnmllier FH Part ill Calculation of House Fee (Existing Housing Certificates and Housing Vouchers Only) 19.
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Part IV Calculation of Estimated Rbqu*cl*d *mom,
Preliminary Expense PHA Eaimaler HUD Hodifxatmns Ial lb)
Administrative Expenses 20. Administrative Salaries
21. Employee Benefit Contributions
22. Legal Expense
23. Travel Expense I I
24. Sundrv I I
25. Office Rent I I
26. Accounting and Auditing Fees
27. Total Administrative Expenses
1
Non-Expendable 28. Office Equipment I Equipment Expenses 29. Office Furnishlnas
30. Automotive -. I 1 31; Other
32. Total Non-Expendable Equipment Expenses
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General Expenses 33. Maintenance and Operation (NO~XDW EQUID. only)
34. Insurance
35. Sundry
36. Total General Expense
Total Preliminary
Expenses
37. Sum of Lines 27,32, and 38
Previous Editions Are Obsolete HUO-52672 (2-85) HB 74M.7
Estimate of Total .-
Requirhi Annual
Cdhtributions
U.S. Depprrlmsnt of HousIng
4 and Urban Development
Section 8 - .i
Housing Assistance Payments Program
Nota See instructions in appropriate program handbooks.
1. Prblk IbusIng Agency (Nsms and Ada084
OM6 No. 2502-0348 (exp. 10131186)
~2FT+utNa I
I I I I I I I I I I J 2 submlubn
0 Original 0 Revision No.: 11
4. Annusl Contrlbutbna Cantrrct No. 1. HUD Field Offk.
0. ttouslng Prcqrrm Type tM*ti On*
0 (~1 New Constrwtbn q @) Subatantlal Rmhailltatbn q (c) Modusts Rehabllltrtbn q (a) Exlsllng HousIng Cutifkrtn q (s) Housing Vouchus
10. PHA Flscal Yur Endlng Dal. (We-k on. snd cmnpltia yurj
0 (s) March 31. q (b) Junm 30, q (c) Se$Wmbw SO, cl (d) Decambu 31. 19: I J
PHA Estlrmf~ (HousIng Vouchwr Only) PHA Enlmrta HUD Apprcwd @touslnp Vouch-s Only) HUD Appr0r.d I. Maximum Annual Contributions Housing Payments I PHA Fn Total bburlng Psymsnts
ta1 lbl ICI Id I PHA Fe. TOM IS) In
11. Maximum Annual Contributions Commitment
12. Prorata Maximum Annual Contributions Applicable to a Period in Excess of 12 Months
13. Maximum Annual Contributions for Fiscal Year (Line 11 plus Line 12)
14. Project Account-Estimated or Actual Balance at Beginning of Requested Fiscal Year
15. Total Annual Contributions Available - Estimated or Actual (Line 13 plus Line 14)
Previous Editions Are Obsolete Page 1 of 2 HUD-62673 12-651 HB 7i2O.j
f
IL Estinge of Required Annual Contributions
PHI Estlmat. pL! - CI Only) HUD Aptmwmd _ -.._. y-dyy’” vy;: 1otaa r.,m.m. rr.A Fn Total id cn I I . . (Cl (9
16. Estimated Annual Housing Assistance Payments (Form HUD-52672, Line 15)
17. Estimated Ongoing Administrative Fee (F&k HUD-52672, Line 18)
19. Estimated Independent Public Accountant Audit Costs
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Estimated Preliminary Adminis- //A /
20. trative and General Exoense
(Form HUD-52672, Lines 27 and 36)
18. Estimated Hard-to-House Fee (Form HUD-52672, Line 19)
21.
22.
istrative and General Expense ~~~~~~~d~n;~
Equipment Expense (Form //A HUD-52672, Line 32)
Carryover of Non-Expendable Equipment Expense not Expended in the Previous FY Ending: ( I I ) / / I I I
23.
24. Total Annual Contributions Required - Requested Fiscal Year (Lines 16 through 23)
25. Deficit at End of Current Fiscal Year - Estimated or Actual
26. Total Annual Contributions Required (Line 24 plus Line 25) I
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Estimated Project Account 27. Balance at End of Requested Fiscal Year (Line 15 minus Line 26)
Provision for Project Account - 29. Requested Fiscal Year Increase ldrert;e)(Lrne 27 minus
III. Annual Contdbutlonr Approved
Total Annual Contributions 29. Approved - Re 9 uested Fiscal Year [Line 26 D us increase. if any, dn Line 2%) -.
Source of Total Contributions 30. ttpoved - Requested Fiscal .
(a) Requested Fiscal Year Maximum Annual Contributions Commltment (Line 13 or Line 29, whichever is smaller)
(b) Pro ect Account (Line 29 minus 1 ine 30(a))
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ReqdSitiOn for Partial PayTe;t U.S. Department of Housing #cN ,of Annual Contributions and Urban Development i ._ Section 8 and Section Z? - > Housing Assistance Payt .ts Program Note: See instructions in appropriate program handbooks 1 OMB No. 2502-0348 fexp. lo;31 186)
q Section 23 0 Section 8
6. Public Housing Agency (Name wd Address) 7. D~porltary Sank (Name and Address)
6. PHA Annual Contrlbuilonr Contrrc~ No. 9. Deporllwy Bank Accounl Na
10. Housing Program Type (Mark one)
q (a) Now Conrtructlon q (b) Substanllsl Rehabilltrlion q (c) Modsrala Aeh~blllt~Ilon 0. td) Ex~sling Housing Ceriifieates u (et Hourln~ Vouchers
11. PHA Fiscal Yw Endlng Dale (Mark one bar and complne yaw) q (I) March 31. cl (b) Junm 30, q (c) Seplembw 30. Cl Id) December 31. 19: I
lZ.Number of llnltr Under Lease to 14. Estim~tul Number of Unltr 40 1s. uni1 Months unaw LUS. Ellglbl4 Flmlllar l s of Da11 13 Arerege Monthly Houslng 16 Avrragm Monthly Hourlng A~slr~anca Peymenl Per Unit b* Under Leas* aI End of Year 10 Datr of R.qulritlon Arrlrtrncr P~ymenl Per Unit .I of Datr of Requlslton Requmrted Cuwlr Year to Dale
and Fees Earned Year IO Dam Cb) MM DD YY
Cost and Fag* Earned IO EndgOJa;w$ested
(Cl
17. Preliminary Administrative and General Expense
18. Carry Over of Preliminary Administrative and General Expense Approved in Previous Fiscal Year
19. Preliminary Non-Expendable Equipment Expense
20. Carry Over of Preliminary Non-Expendable Equipment Expense Approved in Previous Fiscal Year
21. Estimated Housing Assistance Payments (Account 4715)
22. Estimated Ongoing Administrative Fee
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23. Estimated Hard-to-House Fee [Existing Housing Certificates and Housing Vouchers Only)
24. Total Independent Public Accountant Audit Costs (Section 8 Only)
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25. Total Allowance Approved for Security and Utility Deposits (Section 23 Only)
Amount of Requisition
26. Total Costs Incurred to Date (Sum of Lines 17
28. Payments Received to Date
29. Payments Previously Approved for Fiscal Year to Date
30. Over or Underpayment to Date (Difference 01 and Line 26. Do not use brackets)
31. Partial Payment Requirement During Requested Quarter (Line 27 minus Line 29)
Previous Editions Are Obsolete Page 1 of 2 HUD-52663 (2-85) HE 7420.7
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First Instrllment W Second lnst~llmanl lb) Third Installmwtl CC) Totll (a) Method of Payment
32. Total Estimated Additional Funds Required to End of Requested Quarter by lnstallment (Line 31 plus any overpayment or minus any underpayment on Line 30 divided into three installments)
33. Less Any Overpayment or Pius Any Underpayment from Line 30.
34. Requested lnstallment Payments (Sum of Lines 32 and 33)
I Certify that (1) housing assistance payments have been or will be made only in accordance with Housing Assistance Payments Contracts or Housing Voucher Contracts in the form prescribed by HUD and in accordance with HUD regulations and requirements; (2) units have been inspected by the PHA in accordance with HUD regulations and requirements; and (3) this requisition for annual contributions has been examined by me and to the best of my knowledge and belief is true, correct and complete.
Name of PuMlc Housing Agsncy Sigruture and TM@ of Aufhorized Official (and Dale)
Signslur. and TIlI* of Aulhorlzed HUD Approving Olllclal (and Dal.)
Regional Accounting Division Use Only
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Month Paymml Is For Amount Pald Amounl 0ffre1 Oata Cwlllied
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Cwtllfimd by: for Pwnrnl (Inlulls)
Stgnalurr of Pnron Prwalidallng Roqulrilion (#nd OMO)
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Total )
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RESOLUTION NO.
RESOLUTION APPROVING NEW PART I AND PART II
OF SECTION 8 HOUSING VOUCHER PROGRAM ANNUAL CONTRIBUTIONS CONTRACT NO. SF-535
AND AUTHDRIZING EXECUTION
Including Project No.(s) CA16-V077-001
The HOUSING AUTHORITY OF THE CITY OF CARLSBAD
('Pal) desires to enter into an Annual ("r 8 Co ntrfbutionr Contract
with the United States of America ("Government') for the Section 8
Existing Housing Voucher Program.
The Section 8 Existing Housing Voucher ACC consists of the+followfng
counterparts:
(a) Part I of the ACC, HUD-52520D (G/85) applicable to the-
Section 8 Existing Housing Voucher Program;
(b) Part II of the ACC, HUD-52530E (c/85) applicable to the
Section 8 Existing Housing Voucher Progran. .
Now therefore, be it resolved by the PHA, as follows:
1. The New Part I and Part II of the ACC for the Section 8 Existing Housing Voucher Program are hereby approved and accepted. The Chairmn or Acting Chairman is hereby authorired and dlrected.tq execute the
counterparts of the ACC on behalf of the PHA, and the Secretary is heroby
authorired to impress the official seal of the PHA on each such
counterpart and to forward such executed counterparts to the Goverrument
together with such other documents evidencing the approval and
authorfzing the execution of as may be required by the Goverrunent.
2. This resolution shall take effect immediately.
CITY OF CARLSBAD
ACC Part1 Number: SF-535 V
US.DEPARTMENTOFHOUSINGANDURBAN DEVELOPMENT SECTION 8EXYSI'ING
\ 'ANNUAL CONTRIBUTIONSCONTRACT-PART1
for
HOUSMGVOUCHER PROGRAM
-x DEF'IN'IITIONS.
A.
13.
c.
D.
* .
E.
F.
G.
H.
IACC. AnnulContribtio~~Contract,
FiscalYear. ThePHA FiscalYearasspxifiedineecbonL2.Bof thisACCPartL
HUD. US.Department~Hou&gandUrbanDevekp~en~
Maximum AMU&~ Contribution Commitment The amount of axtxact a&city rservedbyHUDfcrapqject 'Theamountaf oorrtract authority reserved fa each poject in the Housing VwcherProgramisstatedinEx~tIadthisACCPartIC8~u toreducdonh acaxdance witheecbonL3.Eand&xtbn23of this ACC). . .
PHA.PukiIicHok.ngAgency.
Program. The PHA'sHousing Voucher Program.
ProgramRecei#s. AmountspaidbyHUDtothePHAunderthb ACC for the Howsinq Voucher Program, and MY c&hur ~mounbo rea!kfvedbyLho PH&.in cionne&nswiththPP~am.
Program Expenditures Amounts which may be charged against Program Receipts in accordance with the ACC and HUD requirements
1.2. HOUSINGVOUCHER PROGRAM.
A: <r"p". The Program under: this A&C ax6istsd.thepojectS kted~Exhi.bitIdthisACC PartI,eachd whichrepesenb a
fundingi3wement foctheprogram.
Page 1 of 5 pages HUD 52520 D (June 1985)
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8. PHA Fiscal Year. The Fiszl Yf"a,refyothe Program shallkethe 12-moti period ending of eacfradarpar. (Inserttkday~dmonthLsedastbeFiecal Yearendingdatefaothersection8asjsbnoeadministeredbythe PHAunderanACC withHUD.)
L3. ANNUALCONTRIBUTION.
A.
8.
w --
C.
D.
E.
Payment. HUDshallpaytbePHAannualco~tiorsf~the pojzctsintbe Program inacaxdance with HUD regulalio~and requirements
Term. Paymentscxr acoountcb the annuala3nt&~ti01-6 foe each ~ctmayonlybemade dudng a termofflvepars,andshallnot be made afOertheendofthe fiveyearterm.Theterm fa each pSpctbe#x whenHUD makesthe&stadvancetothePHAon acao~tdtheannualcont&utiorsfathe~ojec% AfterBUD makesthefizstadvancefaapoject,HUD mayenterthefizstand l&zt&tescdtheACCtermfathepqject~Exh&&IoEthisACC PartL The Exhibit1 s revkxl by HUD shaYl ax&itute an amendmentcftheACCPartI,andthereviaedExhibitIsuperaedes ari~peviDusExhi&IfatheProgram.
Amountand- Theannudlcont&&ionfathePrcqamfa aFiscalYearshaR&the sum &tbeamountspaidona-untaf the annualao~ticnfaeachofthe p3jectsintheProgram. The annuzilcx~ntdbutionfortbe Program shdllbeintheamount a~ovedbyHUDtitheF~Yeartoaover:
L T~~amountofhousinga&stanoe payments bytbePHA.
Theamount~theannualoontributionsby H UD maybereducxd,as determined by HUD, bytheamountdprogram Reaeiptsbsuchas interestincome)&herthanannualaxtdbtins
Maximum AMLI~ Contribution Commitment fa PrcrjecL Excqk fa payments from the ACC reserve accmmtas Fovi&dinaection 1.3.F~thisACC,afapayments~Qr~1.~GItha~ual antributiwrpaymentby HUD fa aFqjectf<x..-aPfecdlYearshdll notbe maethantk Maximum A~ual ContrihrtirxlCommitment forthepoject Such Maximum AMU& CoWibutionCommitment ~bea~d~gthefiveFiscdlYearsbeginninqwiththe Fiscal Year when HUD niakesthewadvancr? tothe PHA on acoountoftheannualcontdbudof6 fatkpoject .
ReductionofAmountPayable. HUD mayreducetheamount~the annudlaontribu~paya~byI1UDfocanypqjectafathe Program,and mayreducetheamountcfthe amtzactauthority fa any&t?& bygivingthe PHA wsitWnnodceofred&ti accudancewithaection 23 cfthisACC. ThebbyHUDmay inddearevisionofExhibitIafthisACCPartIboreaectthe
Page 2 of 5 pages HUD 52520 D (June 1985)
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redwtiminthe amountof oontractatirity far apojeti HUD noticecdtherevisionshalla~~titute an amendmentofExhihit1, andtherevhd Ex~tIsupersedesanypevioLsExhihitIfcrthe Program.
F. ACC Resere Acaxnt. An ACC reserw acaowk may be establishedand main&nedbyHUDinanamountasdeterminedby HUD. TheACCreserveacuwntmaybeusedbyEiUDfupayment of any prtion of the annual ant&u&n payment appoved by HUD.
G. Pcrtability ProQdures Preliminary Fee of Receiving PIfA. In additiontothe maximum annual antributwn commkment under section l.3.D,and-payments from the ACC rwve account under eection l.3.F, HUD may approve addition& annual co&rib&on paymentstothePHAfacthe~ofpayingpellminaryfeesto anotherPHA acting as Receiving PHA in accordance with HUD rec#rementsundertkprtaSlky~wedures
-..e H. Limit on Total Payments for Project The -al cb annual cxmtrhtiors payments by HUD fa each poject &ncluding any payments from the ACC re6erwz account ~16 pcoviQd inaction ~ L3.F, txlt - ~ganypaymen~~lderecction1,3.G)shdllnot be mere than five times the Maldmum AMUZL~ Cont.&u&n Corn mitmertt fa the grujecL
l-4. ACC.
A. ThisACCfartheProgram aor&stsofthisACCPartI(in~g ExhMtg and the form ACC PartII peeclibed by HUD forthe Ho&.ng Certificate Program and Housing Voucher Program, designated as form HUD 52520 E, and dated June 1985. These documentsoonstitute~w~ACCfxxthePr~am.
Page 3 of 5 pages HUD 52520 D (June 1965)
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B. ThisACCsupersedesany~eviousACCsfcrtkePrcgram. Matters relatingtooperationahtheProgram~derapeviousACCshallbe governed by this ACC.
PUBLIC HOUSING AGENCY
HOUSING AUTHORITY OF THE CITY OF CARLSBAD
Name of PHA
BY Signature Date signed
Print or type name and official title of signatory
UNITED STATES OF AMERICA - --3lZCRETARY OF ROUSING AND URBAN DEVELOPMENT
BY .
Signature Date signed
Richard T. Washington, Deputy Director, Housing Development Division
Printartypenameandaffi<itl.ed&px3tay
?
Page 4 of 5 pages HUD 52520 D (June 1985)
. ACC ~artINumtxr: SF-535 V --
EXHIBIT1
PROJECT NUMBER CONTRACT FIRSTDATE* LAST DATE*
AUTHORITY($) OFTERM OFTERM
CA16-V077-001 $ ?21,803.00
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Deputy Director, Housing Development Division
FOR: UNXTEDSTATES OF AMERICA SECHETARYF HOUSTNGADIJRBAN DEVELOPMENT
Date signed
*See Section 1.3(B) of this ACC Part I regarding 4CC Term.
Page 5 of 5 pages HUD 52520 D (June 1985)
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U. S. DEPARTMENT OF BOWING AND URBAN DBVBLOPBEBT SECTION 8 EXISTING
ANNUAL CONTRIBUTIONS CONTRACT -- PART II
for
EOUSTNG CRRTIFICATR PROGRAM AND ROUSING VODCBER PROGRAH
2.1. BUD RBQu1RExENTs.
- -.- A.
B.
C.
: D.
The PRA agrees to comply, and shall require owners to
--ply # ~vith the requirements of the U-.S, Housing Act
of 1937 and--all applicable HUD regulations and other
requirements, including any amendments or changes in
the Act or BUD requirements,
Tbe PHA shall comply with its HUD-approved
administrative plan, eqpal opportunity housing plan
and BUD-approved applications for the Programs.
The PBA shall use the forms required by BUD.
The PBA shall proceed expeditiously with tbe Programs under this ACC.
2.2. ANNUAL CDBTRIBUTION. -
A. The PBA shall submit to HUD each Fiscal Year an
estimate of the annual contribution required for the Programs. The annual contribution estimate, and
supporting data for the estimate, shall be submitted
at such tl-me and in such forr as HUD may require, and
are subject to BUD approval and revision.
B. The PBA will requisition periodic payments on account of each annual contribution. The requisition eball be
in the form prescribed by HUD. Bach requisition shall
include certification by the PBA tbat:
I
Page 1 of 9 pages
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HUD 52520 E (June 1985)
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1. Bousing assistance payments have been rade in accordance with contracts in the form prescribed
by BUD and in accordance uith BUD requirements1
and
2. Units have been inspected by the PBA
in accordance uith HUD requirements.
C, If BUD determines that payment5 by BUD to the PEA for a F i scal Year exceed the Mount of the annual contribution approved by HUD for the Fiscal Year, the
excess shall be applied as determined by HUD. Such application5 determined by HUD ray include, but are not lirited to, application of the excess payment
against the amount of the annual contribution for a subsequent P fecal Year. The PUA shall take any actions required by HUD respecting the excess paysent,
and shall, upon demand by HUD, prarptly ruit the excess payment to RUD.
2.3. RBDUCTTON I# ANNUAL~a)NTRIBUTIO#S PAYABLE BY HUD.
A. Upon written notice by HUD to the PM, WD may reduce to an amount determined by HUD the amount of the annual contributions payable for any project or for the Program, and ray reduce to an amount deterrinad by HUD the contract authority reserved by, BUD for any project included in the Program:
1. If HUD determines that the PEA has failed to
mrply with any obligation5 under the MC, or
2. In the case of amounts provided for use in
connection with a rental rehabilitation grant
under the Rental Rehabilitation Program
author ixed by section 17 of the U.S. Housing Act of 1937, if HUD deobl igates rental
rehabilitation grant Mounts. If BUD
deobligates rental rehabilitation grant amount8,
HUD may reduce the annual mntributions payable
and the contract authority reserved whether or .-
not the PEA has failed to mrply with any
obligation8 under the ACC.
Page 2 of 9 pages HUD 52520 E (June 1985)
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B. The notice by HUD to the PHA shall state any reduction, pursuant to section 2.3-A of the ACC, in the amount of the annual contributions payable for any project or for the Program, and shall state any reduction in the amount of contract authority reserved by HUD for a project. The notice may specify a revised unit distribution. HUD notice of reduction or revision shall constitute an amendment of the ACC. However, HUD shall not reduce the amount of annual contributions payable by HUD for any project or for the Program, and shall not reduce the amount of contract authority reserved by HUD for a project, below the amount, as determined by HUD, necessary for dwelling units under contracts for housing assistance payments with owners on the date when the PHA receives the HUD notice.
2.4. USE OF PROW RBCETPTS.
A.
B.
C.
The PHA shall use Program Receipts to provide decent, safe and sanitary housing for eligible families in ,compliance with the U-S, Housing Act of 1937 and all BUD requirements. Program Receipts may only be used- to pay Program Expenditures.
The PHA shall not make any Program Expenditures except in accordance with the annual contribution estimate and supporting data for such estimate as approved by HUD.
The PHA shall maintain an Operating Reserve account that shall be credited with the amount by which the total of administrative fees earned alld interest earned on the Operating Reserve exceed PBA administrative expenses during a Fiscal Year. In subsequent years, the PHA must use funds in the Operating Reserve to pay administrative expenses in excess of Program Receipts. Notwithstanding the
provisions of section 2.4-A, if there remain funds in
the Operating Reserve, the PDA may use such funds for
other housing purposes consistent with State and local
law. However, HUD may prohibit use of funds in the Operating Reserve for other houaing purposes if the PHA is not adequately administering its Housing
Certificate Program or its Housing Voucher Program Or
has failed to comply with any of its obligations under the ACC. .
Page 3 of 9 pages HUD 52520 E (June 1985)
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2.5. BOOKS OF ACCODHT AN-D RECORDS; REPORTS.
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A.
B.
c.
D.
The PRA shall maintain complete and accurate books of account and records for the Program. The books and records shall be in accordance with HUD requirements, and shall permit a speedy and effective audit.
The PIIA shall furnish RUD such financial, operating, and statistical reports, records, statements, and documents at such times, in such form, and accompanied by such supporting data as required by HUD.
HUD and the Comptroller General of the United States, or their duly authorized representatives, shall have full and free access to all PHA off ices and facilities, and to all the books, documents, papers, and records of the PHA that are pertinent to operation and Management of the Program, including the right to audit, and to make excerpts and transcripts from the books and -records-
The PHA shall be responsible for engaging and paying an independent public accountant for the making of audit8 as required by EUD. The cost of audits
required by HUD ray be charged against Program Receipts.
2.6. DEPOSITARY.
A. The PHA shall enter into one or more agreements, which are collectively called the mDepositary Agreement; with financial institutions which are selected as depositary by the PHA, and whose accounts are insured by an agency of the Federal Government. The Deposf tary Agreement shall be in the form prescribed
by BUD, and the PHA shall furnish to HUD such copies of the Depositary Agreement as HUD ray require.
:
B. All Program Receipts shall be promptly deposited with the Depositary under the Depositary Agreement unless
othervise required or permitted by HUD. The PHA ray withdraw Program Receipts subject to the Depositary
Sbgreemen t onl%--forj. use fn connection with the Program in. accordance .. with HUD regulations or other ,.. requirements. No withdrawal shall be made except in accordance uith a voucher on file in the off ice of the PEA stating in proper detail the- purpose of tbe vithdrawal.
Page 4 of 9 pages HUD 52520 E (June 1985)
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C.
D.
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2.7. D%FAULT BY PHA.
As required by HUD, PHA funds in exces6 of current
needs shall be promptly remitted to HUD or shall be
invested in accordance uith HUD requirements.
Interest on the investment of Program Receipts sball constitute Prograrr Receipts.
The Depositary Agreement shall provide that’ the provisions of the Depositary Agreement ray not be
terminated or changed without written consent by BUD,
and that if required under a written notice fra BUD to the Depositary, (1) the Depositary shall not permit any uithdrawal by the PEA of funds held under the Depositary Agreement unless withdrawals by the PM are expressly authorized by written notice fra BUD to the Depositary, and (2) the Depositary shall perri t withdrawals of such funds by BUD.
I P approved by EUD, the PM may deposit under the Depositary Agreement, monies received or held by the
PQA in connection with any contract between tbe PEA
and BUD.
A. upon written notice to the PBA, HUD =w take
pcmmsssion of all or any PFIA property, rights or interest8 in connection uith the Program, including
funds held under the Depositary Agreement, Program
Receipts, and rights or interest8 under a contract for housing. assistance payment8 with an owner, if BUD determines that:
1. The PHA has failed to c-ply with any obligations under this KC, or
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2. The PM has failed to comply with obligations
under a contract for housing aseistance payrents wi tb an owner, or has failed to take appropriate
action, to DUD’8 satisfaction or a8 directed by
um, for enforcement of the PKA*8 right8 under a
contract for housing assistance paymcnte
(including requiring action8 by the ouner to cure a default, termination or reduction of
+ housing assistance payments, termination of the
contract for housing assistance payrento, or
recovery of overpayments), or
Page 5 of 9 pages BUD 52520 E (June 1985)
B,
C.
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D.
3. The PEA ha8 made any rier&pressntation to HUD of. any material fact.
FWD shall imue a notice to the PHA giving the PHA a reasonable opportunity to take corrective action
before BUD take8 po88eesion of p&A property, right8 or interest8 under thie 8eCtion 2.7.X.
If BUD ha8 taken po8session of PEA property, right8, or intereets undeir eection 2.7-A, HUD 8hall redeliver
po8ees8ion of the property, right8 or interest8 a8
constituted et the time of tha return when HUD is satisfied that all default8 have been cured, and that
the Program Will thereafter be admlni8tered in
accordance with thie ACC,
HUD's sxerci8e or non-ererciee of any right or remedy
under the &CC 8hall not con8titute a waiver of HUD.8
right to exer-ciee that or any other right or remedy at
any tire.
During the terr of this ACC, HUD shall continue to pay
annual contribution8 for the purpose of raking houlting
aesistance payments with respect to duelling unit8
under contract8 with ouner8, entered into by the PEA
in .the fom prescribed by HUD end in accordance with
RUD regulation8 and other reguirerent8. The homing
888i8tenCe papent 8hall be aede in.accordance with
the tar-6 of 8UCh contractr.
2.8. FIDELITY m COVERAGE.
The PHA 8hell carry adequate fidelity bond coverage, ae
racjut+r4 by mm, at! str affiorrr, rgmatrr or elrploy-sr
~an",t-$-~ arrr#h r)lc LP~ab)l*rlrilt#d em nlcan e+irn&r CJV asrttify .
2.9. I!KNYDISCRT~IRATI~O111 IH HCNJGTBG. -.-IL-
A 8. The PEA ehall co-ply with the nondiscrimination rrquirmmntr of Titlm VI of tha Civil Right8 Act of 1964 prohibiting dircririrustion bared on race,
or national origin and color Executive Order 11063 with respect to those provisions prohibiting discrimination
based on religion or 8ex. regulation8. and' with implementing EUD
B. The PM 8hal1 comply with Title VXII of the Civil Right8 Act of 1968 which prohibit8 diacrirination in
the sale,
of race,
rental or financing of houoing on. the be8i8' color, ruligion, eer or national origin and with any Implementing regulations.
Page 6 of 9 page8
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HUD 52520 E (June 1985)
2.10.
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2.11.
c. The PEA shall comply with Sect ion 504 of the Rehabilitation Act of 1973, a8 amended, which prohibits discrimination against handicapped persons . who would otherwise qualify to participate in the Program and, -where applicable, the Age Discrimination Act of 1975, a6 mended, uhich probibi ta discrimination on the basis of age.
D. Unwed parents, families with children born out of wedlock, and recipients of public assistance shall not
be excluded fron participation in or be denied the
benefit of the Program because of such etiktue.
RQOAL BHPLOYHENT OPPORTtRUTY.
A. The PEW shall not discriminate against any erployee or applicant for erployrerrt because of race, mlor, creed, religfon, sex, handicap or national origin. The PEIA shall take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, vi aout regard to race, color, creed, religion, sex, handicap or national or igin. Such action shall include, but not be limited
to, the follwing: employment, upgrading, demotion, or transfer; recrultient or recruitrent advertising; layoff or termination; rates of pay or other for-8 of compensation; and selection for training, including rpprenticeahip.
B. The PEiA agrees to P-t in mnepicuous places,
available to employees and applicants for employrent, not ices to be provided by HUD setting forth the
provisions of this nondiscrimination clause. The PEA will in all sol ici tat ions or advertiserents for
employees placed by or on behalf of the PEA state that all qualff ied applicants will receive consideration
for employment uftbout regard to race, mlor, creed, religion, sex, handicap or national origin. The PRA
will incorporate the foregoing requiruents of thl8
paragraph in all of ita mntracts for project work,
except contracts for standard muercial 8upplies or
raw materials, and will require all of its WntfaCtOrs
for such work to incorporate such requirerents in all
subcontracts for project work. .
TRAINING, RMPL-~-~J.R-&- AND CORTRACTTNG OPPORTUNITIBS POR --e__- BUSINBSS AND LOUER IHmMt? PERSC)WS. -- ----_--
The PEA sball comply uitb Section 3 of the Housing
Developrent Act of 1968 and UUD regulations.
greatest extent feasible, erployrent and
and Urban . To the
training
Page 7 of 9 pages HUD 52520 E (June 1985)
.opportunities in connection with planning and carrying out
any project aesisted under tbe Program shall be given to lower income persons residing within the unit of local governrent or the metropolitan area (or nonmetropolitan
mmty1, as determined. by HUD, in which the project is located, and contracts for work to be performed in connection uith any project shall be awarded to business ffrns which are located In or owned in substantial part by
per sons residing in the same metropolitan area (or nometropolitan county) a8 the project.
2.12. COOPERATION IN EQoAL OPPORTIIRITY COHPLdNCE REVIEWS.
The PW sball cooperate with RUD in conducting corpliance
reviews and. m-plaint investigations pursuant to applicable civil rights statutes, Kxecutive Orders, and related rules and regulations.
2-o= CONFLICT OF INTEREST PROVISIOl’W~
A, Neither the EHA nor any of its contractors or their subcontractors shall water into any contract, subcontiact, or arrangement, in connection uith the Progran in uhich any of tbe following classes of
persons has an interest, direct or indirect, during
tenure or for one year thereafter:
1. Any present or former rerber or officer of the
-PEA (except a tenant corrissioner).
2. Any employee of the PEA who formulates policy or
uho influences decisions with respect to the
Program.
3. Any public official, rerber of a governing body, or State or local legislator uho exercises functions or responsibilities with respect to
the Program.
B. Any rerbers of tbe classes deecribed in paragraph A
must disclose their interest or prospective interest
to the PRA and BUD.
C. The requirements of section 2.13-A ray be waived by HUD for good cause. No person to uhor a uaiver is
granted shall be permitted (in the capacity as member
of a class described in s;ection 2.13.A) to exercise responsibilities or functions with respect to a
contract for housing assistance pnylents executed, or
to he e>ecuted, on his or her behalf, or uitb xespect
to a contract for housing assistance payrents to which
this person i8 a party.
Page 8 of 9 pages HUD 52520 E (June 1985)
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2.11.
2.15.
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D. The provisions <rf sectfotr Z.E-A# section 2.13-B and
section 2.13-C shall. not. ‘be appl icabla t0 tbe Depositary AgreeEeat, or to zt.blity service the rates
for which are fired OS- zor.tralicd by P governnilrental
agency.
INTEREST OF NFMBER OF OR llETZX'f'E 'KJ CWKRESS, .-.I_-
No member of or delegate to the Congiess of the 3nited States of America or reaiGtr!t cmmi~bfotler shal’:. be a&m;tted
to any share or part of t.his ACc: DC b any bznef its ubr:h
nay arise fra it.
I!XCLUSION OF TEIRD PARTY RXCZlTSa
Nothing in the ACC shall be construad as creating any right of any third party to enforce any provision of this ACC, or to assert any claim against- HUD or the PEA under this ACC.
Page 9 of 9 pages HUD 52520 E (June 1985)
. mm-9011 (11-68)
CERlrZFICA!FE OF RECORMNO Ol’FICER
I, , tbe duly appointed, qualified
and acting Of
, do hereby certify tbat the attached extract horn the
minutea of the meeting of the ’
of the , held on #
is a true and correct copy a? tbe original minutea of such meting on file and oT
record in so f&r ar they relate to the msttera act forth in the attached extract,
and I do further certify that each Reeolution appearing in such extnct 16 a true
and correct copy of a Re@olutfon adopted at such mcctfng and on file and of record.
IN TESTIMONY WflElEOF, I have hemunto ret my Wnd and the real of said
tbil day of # 19 *
233974-P ., LmaomRwENT Pnll-mooRIcE: lsm--II
EXTRA~FlKMTiiEMIlWlTSOFA
MEEl’IHGOFTEE
OFTm
m.DoNTHE MY OF * 19
The of the
art in meting et
in the City of
, , etthe piece, hour,
end dete duly ertebliehed for the holdiog of ouch meting.
The cellad the weting to order end on roll cell the
following momlad prorent:
end the folloviq wxw abrant:
Ttn declmmd l quomm~mnt.
233978-P
+etee+++e+****e***
*U.S. GOVERIUENT PRINTING OFFICE: 1978-789-099/740
NUXCE OF SPECIAL MEETING
NOTICE OF SPECIAL MEETING TO ‘WE of the
Notice 16 hereby given that a special meeting of the of the will be held at
in the City of
, at o’clock H., on the day of rl9 , for the following purpose:
Ihted thir day or r19 l
CEXFIFICATE OF SERVICE OF NCQICE
I, , the duly appointed, qualified and acting of the DO HEREBY CERI’IFY that on the dAy of * 19 , I nerved a true copy of the foregoing Notice of Special Meeting on each and every of the of the in the mnner provided in the I)y-kwe.
Uitnerrs q hand thin day of r19 l
WAIVER OF NDXtIAN N[JpICE OF AND CONSMT TO SPECIAL MEEX'ING
Ve, the undersigned of the do hereby accept service of the MTICE OF SPECIAL MEETING wiving any and all lrregulerities in ouch eervlce and in such Notice and coneent and egme that the e&id of eald rhall met at the tin? and place named in ruch Notice and for the purporer Hated therein.
*US GOVEFH4ENT PRINTING OFFICE: 1977-789-018/271
The following rerolution warn introduced by
; read in full and consldsred:
moved that the foregoing reeolution be
adopted ar introduced and reed, which motion wee reconded by
, and upon roll call the lVAyee’q and :‘Nayr” were ae followr:
AYES YAYS
.
The
raid rerolution adopted.
thereupon declared raid motion carrlad and
+*+*+**+***+e
There being no further burlnerr to come before the mooting upon motion duly mdo
and l econded, the meeting ww adjourned.
l us00vE~MENlm*nNooRCE: ,“wmmwo
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. > SUGGESTElDRXMOFGENEiMLCHFIFICATE OF LOCAL AGRKX
Hr- oog -68)
~IucTIoNs: Prepare two signed copies for the Dcpsrtment of Flouslng and Urban mveloplpe nt on plain stationery. :.
GEX3RU CEZU!IFICATE
I, ,DOHEXSBXCERfIR aa folLOwa:
:,1. of the I m the duly eppoiatea, qualified, and acting (herein c-a the “Local Agency”). In such capacity, I am custodian of. lte recorda and am familiar with its organlzatlon, membership, and activltlee.
2. The proper and correct corporate title of the Local Agency is .
3. The &cal Agency mu3 duly created punsuent to the authority of the Constitution md ~statutee of # including, partid~~ly, .’ ‘, and ima duly organlzed’ on the day of 19 ; and, eince the date of its organlzation, the Local Agency has continued to exist vii&out interruption in the performance of its public corporate purposes.
4. The nemea end date8 of election or appolntxent, and the dates of the hegilming and ending of ‘the terms of office, of the members of the governing boay of the Local Agar+y au-of~its.prlnolpal, officera are as follow:
Nanre and Office(rl
mte of Date of corn- Date of &I- Election or mencement of piration of
~p,~~e$~~~* t;f~o~~ z:gZ lty,,, indicate dates pertaining to each pqeltlon)
5. Each of the above-named officers xqulred to ac so has duly taken and filed his oath of office and each of them legally required to give bona or undertaking has filed such bond or undertaking in form and mount 88 required by law and haa otherwise duly qualified to act in the official capacity above designated, and each la the acting officer holding the respective office or offices etated beside his nam!?.
* bF MYERNHENT PRINTIN’; OfF,C[:lS#)2587-033/210
,-
d. Rone of the above-named officer8 Is lnellg1bl.e to hold or dlsqual.ifled'from holding, under the provislom of applicable law, the meepectlve office, lrpecifled above, which he holds.
7. Ron?? of the above-named employeeofthe Cit of.' : .. ". 3 legal requirements.
is an officer or . OLdJutst to confoxm to
8. Since # 19-r there have been no changer in or mmimmte to the charter, by-laws, ordinances, resolutlone~ or proceedings of the Local Agency,with respect to:
(a) The ti.ms and place of and other provisions concerning regular meting8 of the Iocal. Agency; (b) The provisions concerning the calling and holding of 6peclal~ meetings bf the @al.Agency and the bueinese which imy
ti
be taken"w at such meetings; c The requirements concerning a quorum; d The nnuum in which the charter or by-law8 of the Local &SLC~ may he amended; 0. The requiremzptti regarding the lntmduction, paasage, adoption, approval, and publication of resolutions, ordiuancee, or other awxuure~, reXaXing to the approval and execution of aoutracte and the authorl~ation, award, execution, or IaauanCe of bonds, notea, or other obligations of the Local.&ency; (f) The officers 2-ftquirt2a to sign, countersign, 'or.a+est contracts,
I g) bonds, &tee, or other obligations of the Local Agency;
h) The ‘Office of the &Cal Agency; or The seal of the Local Agency; ;*
except ab.'foilov#t
(Here list alJ. exceptione, briefly but propw3.y 1dentUying each. If exceptions are listed, two e~pmately bound, duly certified complete copies of each euchchange or amemdnmt, each ace by cetiifltz?d.*&trac~ron the minutes of the procrw pcrtsini~tfleidto,~tbatrsnamitted.withthie General &rtlficate.?;.If there'& uo exceptions, ro~st-ate.)
9. !he 68al'~Bsedbelaw,appoaitc~qgl~~,isthcdulyadagted, pmper, and only official corporate eeal of the Local. Agency.
IRUITRXB UEERU@I have hereunto setmyhaad tithe duly adopted official sea& of the kal Agency this w of ,19-.
(Title)
1 IWO. *‘tab,. r. ,: