HomeMy WebLinkAbout1992-02-04; Housing & Redevelopment Commission; 198; Section 8 Existing Housing Program ContractsRESOLUTIONS APPROVING SECTION 8
MTG. ‘G.--‘-f-?d~ _ EXISTING HOUSING PROGRAM
CONSOLIDATED CONTRIBUTIONS CONTRACTS
RECOMMENDED ACTION:
Adopt Resolution No. do/ approving Consolidated Annual Contributions Contract No.
SF-5350 and Resolution No. &I&$ approving Consolidated Annual Contributions
Contract No. SF-535(E), authorize the Housing and Redevelopment Commission to
execute the contracts and authorize staff to appropriate funds upon receipt of approved
budgets.
I ITEM EXPLANATION:
In September 1991, the City received approval from the U.S. Department of Housing and
Urban Development (HUD) for revised Section 8 Existing Housing Voucher and Certificate
Program budgets. As a result, 58 additional housing rental units (29 Vouchers, 29
Certificates) will be subsidized by HUD.
The award of new vouchers and certificates was the result of an application submitted by
the Carlsbad Housing and Redevelopment Department on July 29, 1991, in response to
the annual HUD Notice of Funding Availability (NOFA). The Carlsbad Housing Authority
“competed” with other housing authorities for the award of additional vouchers and
certificates which are made available annually. Typically, the amounts of awards are
based on past performance of the requesting housing authority; e.g., the number of
vouchers and certificates that were successfully issued by the housing authority during
the year. The 58 new units for this year represents the single largest allocation ever
received by the Carlsbad Housing Authority.
The Section 8 Rental Assistance Program is a HUD sponsored program administered by
the City of Carlsbad Housing Authority. This program makes it possible for low-come
families, senior citizens and disabled persons to obtain adequate rental housing while
paying no more than 30% of their total family income for rent.
FISCAL IMPACT:
HUD has reserved additional funds for the 58 new rental units in the amount of $217,723
annually in each of the two housing programs. Total annual funding in the Voucher
Program, including new funds, is now $456,822; the Certificate Program total is
$2,186,749.
Budgets for both the Voucher and Certificate Programs will be submitted to HUD. After
HUD approval, funds will be incorporated into the City’s FY 1991-92 operating budget and
appropriated. No other aspects of the Section 8 Rental Assistance Program are affected
by these changes.
PAGE2OFAB# 1%
EXHIBITS:
1 - Housing and Redevelopment Commission Resolution No. a0 / approving Consolidated
Annual Contributions Contract No. SF-5350 for the Section 8 Existing Housing Voucher
Program and authorizing its execution.
2 - U.S. Department of Housing and Urban Development Section 8 Consolidated Annual
Contributions Contract No. SF-535(V).
3 - Housing and Redevelopment Commission Resolution No. 2 o& approving Consolidated
Annual Contributions Contract No. SF-535(E) for the Section 8 Existing Housing Certificate
Program and authorizing its execution.
4 - U.S. Department of Housing and Urban Development Section 8 Consolidated Annual
Contributions Contract No. SF-535(E).
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HOUSING AND REDEVELOPMENT COMMISBION RESOLUTION NO. 201
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION
OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING NEW PART I AND PART II OF SECTION 8 EXISTING HOUSING VOUCHER PROGRAM CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT NO. SF-535 (V) AND AUTHORIZING EXECUTION.
WHEREAS, the Housing and Redevelopment Commission of the
City of Carlsbad (I@PHA@') desires to enter into a Consolidated
Annual Contributions Contract (l'CACC@l) with the United States
of America (l@Governmentl') for the Section 8 Existing Housing
Voucher Program; and
WHEREAS, the Section 8 Existing Housing Voucher CACC
consists of the following counterparts:
a. Part I of the CACC, HUD 52520D (l/90), applicable to the Section 8 Existing Housing Voucher Program, adding Project No. CA16-V077-004.
b. Part II of the CACC, HUD 525203 (l/90), applicable to the Section 8 Existing Housing Voucher Program.
NOW THEREFORE, BE IT RESOLVED by the PHA, as follows:
Ii. The NEW Part I and Part II of the CACC for the Section 8 Exhibit Housing Voucher Program are hereby approved and accepted. The Chairperson is hereby authorized and directed to execute the counterparts of the CACC 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 thereof 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,
held on 'the 4th I .day of February I 1992, by the
following vote to wit:
AYES:Comnissioners Lewis, Kulchin, Larson, Stanton & Nygaard
NOES: None
ABSENT: None
(SEAL)
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HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 202
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION
OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING SUPERSEDING PART I AND NEW PART II OF SECTION 8 EXISTING HOUSING
CERTIFICATE PROGRAM CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT NO. SF-535 (El AND AUTHORIZING EXECUTION.
WHEREAS, the Housing and Redevelopment Commission of the
City of Carlsbad, (I@PHA'l) desires to enter into a superseding
Part I of the Section 8 Consolidated Annual Contributions
Contract ("CACC") with the United States of America
("Government") for the Section 8 Existing Housing Certificate
Program; and
WHEREAS, the Section 8 CACC must now be revised so that
it will consist of the following counterparts:
a.
b.
NOW,
1.
2.
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Superseding Part I of the CACC, HUD 52520B (8/88), adding new Project No. CA16-E077-013; and
New Part II of the CACC, HUD 525203 (l/90), applicable to the Section 8 Existing Housing Certificate Program.
THEREFORE, be it hereby resolved by the PHA, as follows:
The Superseding Part I and New Part II of the CACC, for the Housing Certificate Program, are hereby approved and accepted. The Chairperson is hereby authorized and directed to execute the counterparts of the CACC 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 thereof, as may be required by the Government.
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,
on the qth day of February I 1992, by the following vote, to
wit:
AYES: Commissioners Lewis, Kulchin, Larson, Stanton & Nygaard
NOES: None
ABSENT: None
ATTEST:
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Consolidated
hnual Contributions Contl crct
Housing Voucher Program
U.S. Department of and Urban Developmenr Office of Housing
ACC Part I
HOUSING AUTHORITY OF THE CITY OF CARLSBAD SF-535(V)
1.1.
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
1.2.
A.
B.
1.3.
A.
B.
C.
D.
Definitions.
,ACC. As used in Part I of this CACC, “ACC” means the
Annual Contributions Contract for each project. As used in
Part II of this CACC. “ACC” means the CACC. I
CACC. Consolidated Annual Contributions Contract.
Contract Authority. The amount of contract authority for
each project is listed in Exhibit I or Exhibit II of this CACC
Part I (subject to reduction in accordance with section 1.4.D
and section 2.3 of this CACC).
Fiscal Year. The PHA Fiscal Year.
HUD. U.S. Department of Housing and Urban Development..
PHA. Public Housing Agency.
Program. The PI-IA’s Housing Voucher Program under the
CACC.
Program Expenditures. Amounts which may be charged
against Program Receipts in accordance with the CACC and
HUD requirements.
Program Receipts. Amounts paid by HUD to the PI-IA for the
Housing Voucher Program, and any other amounts received by
the PHA in connection with the Program.
Project. A funding increment for the Program.
Housing Voucher Program.
Projects in Program. The projects in the program are listed in
Exhibit I and Exhibit II of this CACC Part I. (List all new
projects in CACC Exhibit II.)
PHA Fiscal Year. The Fiscal YyuE; &;oProgram shall be
the 12-month period ending of
each calendar year. (Insert the day and month used as the
Fiscal Year ending date for other section 8 assistance
administered by the PI-IA under an ACC wit&HUD.)
Term.
The initial term of the ACC for each project shall be a term of
five years beginning on the effective date of the ACC for the
project.
The first date and last date of the ACC term for each project is
stated in Exhibit I or Exhibit II.
The first date of the ACC term for the project shall be a date as
determined by HUD.
If the first or last date of the ACC term for the project is not
entered before the CACC is signed by the PHA, the date may
E.
F.
1.4.
A.
B.
HUD may revise Exhibit I or Exhibit II at any time, upon
written notice by HUD to the PHA, to remove a project for
which the ACC term has expired.
The initial ACC term for any project may be extended by
written agreement of the PI-IA and HUD.
Annual Contribution.
Payment. HUD shall pay the PI-IA annual contributions for
the Program in accordance with HW regulations and
requirements.
Amount and Purpose of HUD Payments.
1. The annual contribution for the Program during a Fiscal
Year shall be the sum of the amounts paid for each of the
projects in the program. The HUD annual contribution for the
Program shall be the amount approved by HUD for each Fiscal
Year to cover:
a. ‘Ike amount of housing assistance payments by the
PHA.
b. The amount of PHA fees for Program
administration.
2. The amount of the HUD annual contribution may be
reduced, as determined by HUD, by the amount of Program
Receipts (such as interest income) other than the HUD annual
contribution.
C. Maximum Payments for Program.
1. Annual Limit on Payments for Program. Except for
payments from the CACC reserve account as provided in
section 1.4.E of this CACC, the HUD annual contribution for a
pro&t under section 1.4.B during the Fiscal Year shall not be
more than the contract authority for the project. The amount of
contract authority reserved for each project in the Program is
stated in Exhibit I and II of this CACC Part I (subject to
reduction in accordance with section 1.4.D and section 2.3 of
this CACC).
2. Limit on Total Payments for Project During CACC
Term. The total of HUD payments under section 1.4.B for a
project over the term of the CACC for the project (including
any payments from the CACC reserve account as provided in
section 1.4.E, but not including any payments under section
1.4.F) shall not be more than five times the contract authority
for the project.
D. Reduction of Amount Payable. HUD may reduce the amount
payable by HUD for any project or for the program, and may
rcducc the amount of the contract authority for any project, by
giving the PHA written notice of reduction in accordance wiih
section 2.3 of this CACC. The notice by HUD may include a
be entered subsequently by HUD, upon written notice by I-IUD
to the PI-M.
page 1 of 4 pages form HUD-52520-D (1190)
ref. handbooks 7420 3 & 7420 7
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revision of Exhibit I or II to state the reclrlction in the amount 1.5. CACC. -.
of contract authority for a project
E. CACC Reserve Account. A CACC reserve account shall be
established and maintained by HUD, in an amount as
determined by HUD. The CACC reserve account may be used
by HUD for payment of any portion of the payment approved
by HUD under section 1.4.B for the Fiscal Year.
F. Portability Procedures: Fees of Receiving PHA. In addition
to the maximum payments under section 1.4.C. including
payments from the CACC reserve account under section
1.4E. HUD may approve additionaI payments to the PI-IA for
the purpose of paying fees to another PI-IA acting as receiving
PHA in accordance with HUD portability procedures.
G. Separate ACC. HUD’s commitment to make payments for
each project listed in Exhibit II shall constitute a separate
ACC.
A. The CACC consists of this CACC Part I (including Exhibits 1
and II) and the form ACC Part II prescribed by HUD for me
Housing Certificate Program and the Housing Voucher
Program, designated as form HUD 52520-E. and dated January
1990. These documents constitute the whole CACC for the
Program.
B. This CACC superseders any previous Arun& Contributions
Contract for the projects or Program. Matters relating to
operation of the projects or Program under a previous Annual
Contributions Contract shall be governed by this CACC.
Signatures:
Pubflic Housing Agency
EIOUSING AND RHEVEL0PNEN-l' tDlMISSION OF TEE CITY OF CARLSBAD
!zi@n%we 6 Date 1iQmld :
by: e
C&LEWIS,
Print 01 yps the name and oftkial title of signakwy :
Uniied States of America Secretary of Housing and Urban Development
siQrlaaJf8 6 Dlte signed :
by:
page 2 of 4pages form HUD-52520-O
City of Carlsbad ACC Part I Number: SF-535 (V)
EXHIBIT I
CONTRACT FIRST DATE LAST DATE
PROJECT NUMBER AUTHOLRITY OF TERM OF TERM
CA16-V077-001 $ 121,803 04-17-86 04-16-91
CA16-V077-001 ($ 121,803) 04- 17-86 04-16-91
UNITED STATES OF AMERICA
SECRETARY OF HOUSING AND URBAN DEVELOPMENT
Date signed
Page 3 of 4 pages HUD 52520D (l/90)
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City of Carlsbad ACC Part I Number: SF-535 (V)
EXHIBIT II
CONTRACT FIRST DATE LAST DATE
PROJECT NUMBER AUTHORITY OF TERM OF TERM
CA16-V077-003 $ 109,546 12-01-90 11-30-95
CA16-V077-004 $ 217,723
RENEWALS - 86 X 0194:
CA16-V077-002 (Renewal) $ 129,553
UNITED STATES OF AMERICA
SECRETARY OF HOUSING AND URBAN DEVELOPMENT
04-01-91 03-31-96
Date signed
Page 4 of 4 pages HUD 525201) (l/90)
City of Carlsbad
Ll
ACC Part I Number: ~~-535 E
U.SDEPARTMENTOFHOU9NG AND URBANDEVELeOPI4ENT SECTTON8EJaSlTNG
CONSOLIDATEDANNUALCONTRIBU'I!IONSCONTRACT PART1
fix
HOUSPJG CERTIFICATE PROGRAM
DEFeSaONS
k ACC.
As lmd in Part I of thil CACC, 'ACC" Bemm t)re Axmal ~-~eechproject
a 2he Badmm agQregataamantwhkhraybe iB&l~ittrr~B-tfraaUBtiOf W CACC. Bu3get~kmummd by HUDkmaranis i!Lamhd~~tBdfyt?mBccngrear. (Ibhfiit:IIW ha@e&autfrPefrybaprq)stshxWlwMamanbapp&at33dh Pedaal~YalBrl~aprd~~)
c.
D.
caxmmmau-- CACC.
- 2bhaB-cJf
oaebctaucfrarity63t~ Z&&kIa~Hof~CACCPmtI
(-d-m Wh-wfhaztknL4.Dandaxtim 22 of ti CACC).
e
F.
M Antima& An arM3rak &a tfib CACC wh;idr ptsdes ~ab3gekaMm%yfPawerhxmed~~ ~~m~ffie~mat~m~of~
-rrrlXIYrrlwHUD-
FhmlYemsTbPHAFlsdlYenr.
ACC Part I: Page 1 of 6 pages.
HUD 52520 B (August 1988)
.
,
G.
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J.
IL
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13,
HUD. US ~mentof Eouxkqand urban
. naximur AinKd. cantrbubon corn rftmenL oft3h CACC,
PHk- publjcHcs.dq~.
'I?m PHAb Baghg Catffbabe zm.
l
Amads pt%I @y HUD
t?mPHAh-
Developm~
SeetaxtkmL4.CJ.b
Coth PHA 6at3ie aranfsnmaimdty
AIarrts~W@ll?~~ b with tfib CACC ad HUD
B!? A~amreefktfiePrPgrar. (Tb~My &bSthal~a~aOOBtarQldrent)
L2. HOUSNGCER7!lZXATEPROGRA~.
A, PnYjEdBtim 1.
Hurba:of-r8 l@UibsrOfUdtS
0 179 113
58
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ACC Part I: Page 2 of 6 pages
HUD 52520 B (August. 1988)
R
J.2. TERW.
A
a
PHAF%malYear.
L ml?fkat~year~ttre~rrhdZLbegjn
03-01-79 . mdnttfie -m~~~~~pqbct-~~Iof PartIoftiCACC. Ift?d~dabejBecr+pr#lBti CACCiw@nedbyt%bPHA,tMdater~beenbged ~byHUD,tpandt&mrrotiDc'lyHUDbdte
PHA) The~FhszalYearbatfre-mrtdlldcn tbhstdayuffhePHAFWalYenrwNdhendsnot3ees umnl2raltlm#ffrare#an23m~afbac~~
Ystare&qc3atetikcothec-8~ zdmWitmedbytbePHAux3eranAmal~ CbtmrkwithHUD$
L E%hMtHstabarthe~dabbardla&datsoftfibACC tJxrbrth8~
z ‘Ru,~~of~Ac!C~B63:~~ddllbetfrs fhtQyafl%era&lwhmHUDdgntfibCACCuhkh
ixShUmpmjKzttn#m~r,a~dataas &bnMbyHUD.
3. IEftfibaatdatmuftbAACCtarmbrtfrs~h
mtca&md~~CACCbdgmd~‘tYPHA,tfre datmzyb8- r+rrarrr+ktyHUD,w=- mtWebyHUDtnthePHA.
4. HUDrayrmvbeB~:atar?ytir~~-& byHUD~t)l6PHA(a)~addaaDltarQdrartpa38ct
a(b)~rermea~br~tMACCWr~
ACC Part I: Page 3 of 6 pages
HUD 52520 B (August 1988)
-
L4 ANNUAL CONTIUBUl!IOLJ.
. HUDahallpisythePHAarmal~ fixae mm-w&hHUDreguhtiare~~renbs
a AmamtardPIPpaeeofHUDPaymenta
L T?le--*tfrePrograaahdllbetfre aramtappwsdbyHUDiixeadrFieoalY~toocuer:
ZL Rreamamtofhuadq~~merrtsby~ PHA,
b The amamt of PHA hes fir Prqpam &lmhMxathL
2. 'Ihe amant oftb HUD ammlamtrbkh ray be . ~~~r~~HUD,bytheamamtofRnpam rxtmskfioore) otfrerthsn the HUD amu&laxlHabL
c. naximum Payrerrts~~ 1.
1. knaalumP:alPayrerd3fkcPtxzqa 1.
k B@egt Sx plymeats br tfla CACC retape -i!+s~fi~L4.Eofti CACC, t)re HUD arwnsalar&htkm brtfiepqpar lxdw-LdBdurfq*~YearslaD rrot zxl Baclc t?Bn tfre uaximum Arxnml Ccrrbdsrdarc!orrtrarS4rtXle-8.
h The uadBU8 Azxwal am&?! en corr6tre!nt fhtlmPrrrggrfreadrPHA%xmlYtsmhillbe equal~t)rsBlrofth6-~ arWxmmMbyHUDfrthapojaetehthe
-%Q- Thsamamtofantractakd%dty -brcndr~frmPrqparLBeu fiZSxhibkf~ItuftfikrCACCPartI(~bo mihxztb h W with m&km L4.D ad saetkn23of~CACC),lrttwf~Ys
bxtheRPgcaB~rnrora~l2rn~~
narialur Armaal cbebdn corrittre!rk 5x
the-r~tfre~FbDalY~ray2le ~hanar~asdeberr&zdbyHUD~ theaMitknafth8pt3zataamantd&hbleto tthemfi- of12 ram-s
ACC Part I: Page 4 of 6 pages
HUD 52520 B (August 198t?)
2. Limit~lbtdPaymerrts~h~3~3m. T~E~~o~HuD payment8 m&r t8sdn L4.B W t3w Rxqmr cwstfie - - dreatiar of ti CACC (inch&q any paymkbs bm h
CACC IIBEPIV~ amamtaepwEledh~L4.E)adn.
~be~~th3ntfreaumofthbudgetautficriLyamants mwedbyHUD~thepqjsctshthePzqm~m
aaaxxBautfiarb;edarx3~txdtytheCcrgws
D. RdwtdmdAmax&Payabla HUD mayred~thamant
~tyHUD~~p&tafibc~Pqram,andmay ~t?eamamtoftW.~ wawm Ihrarypq'gct'ty~thePHA~~of-h zxmdamefi-2.3oftiCACC. l%etr&etyHUD rayirrlujeaxevhhofR?MtIaIIto~tetfie~h t?warankofambct -=?MWWham
E CACC m AaxaxxL A CACC - m em&&lMdtim " 'qdbyHUD,hanamantimded~~
15 CACC, --
A, TheCACCarmbof~CACCPa;rtI(indu&q&hkbIand~
andtfreikrACCPmtH -Ly HUD bttre, Has@ --raIld~V~-r,~~2ye firrHUD525~E,adldaWddm.1985. l!kmm&zurents oerret%utetfrewhdhCACCba~~m.
ACC Part I: Page S of 6 pages
HUD 52520 B (August 1988)
B. 'IW CACC mruNw--- brttrcpq)actsaPrPgrar. H~rihtfqtnqmdngf~ pq)sbraPzgamurkap8wbmAtnalCaddUbm c!e fkaltz! c$lwmwby ah CACC.
.
PUBLIC BOUSING AGEbKN
February 5, 1992 v
CLAUDE A. LEWIS, CHAIRPERSON, HOUSING AND REDEVELOPMENT COMMISSION
Print or type name and oTZ3cia1' title of 8ignatory
UNITED STATES OF AMERICA SECRBTAKYOFKBUSIffiAHDURBMDZVEUPI4RdT
By Signature Bate 8igned
ACC Part I: Page 6 of 6 pages
HUD 52520 B (August 1988)
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City of Carlsbad
PROJECT
NUMBER
ACC Part I Number: SF-535 E
EXHIBIT I
Projects Appropriated Before Federal Fiscal Year 1988
CA16- E077-003
CA16-E077-004
CA16-E077-006
CA16- E077-007
CA16-E077-008
CA16-E077-009
ACC LIST CONTRACT PROJECT ACC
NUMBER AUTHORITY EFFECTIVE DATE
SF-78-488
SF-83-764
SF-89-501
SF-78-728
SF-83-375
SF-88-012
SF-83-507
SF-84-461
SF-85-111
SF-85-398
SF-86-284
Amended by
Amended by
$163,812
Amended by
Amended by
$496,152
: XE
Amended by
$122,280
$115,200
UNITED STATES OF AMERICA
SECRETARY OF HOUSING AND URBAN DEVELOPMENT
Date signed
Exhibit I: Page 1 of 1 page.
03-01-79
01-30-84
09-29-89 03-01-79 01-30-84
08-03-89 01-30-84 02-19-85
02-12-86 05-27-87
HUD 525208 (August 1988)
City of Carlsbad ACC Part I Number: SF-535 (E)
EXHIBIT II
Projects Appropriated in Federal Fiscal Year 1988 and Later Years
UNIT
PROJECT NUMBER CONTRACT BUDGET FIRST DATE LAST DATE DISTRI-
CA16-E077- AUTHORITY AUTHORITY OF TERM OF TERM BUTION
-010 $ 147,072 $ 735,360 11-01-89 10-31-94 lBR- 14
2BR- 8 -001 $ 440,796 $5,621,700 10-29-76 10-28-91 lBR-46
2BR-43
3BR-11
-011 $ 139,968 $ 699,840 12-01-90 11-30-95 2BR-10
3BR- 6 -001 (8 440,796) $5,621,700 10-29-76 10-28-91 -013 $ 217,723 $1,088,615 lBR- 7 2BR-11
RENEWALS - 86 X 0194: -012 (Renewal) $ 661,362 $3,306,810 10-01-91 09-30-96 lBR-46
2BR-43
UNITED STATES OF AMERICA
SECRETARY OF HOUSING AND URBAN DEVELOPMENT
Date signed
Exhibit II: Page 1 of 1 page HUD 52520B (August 1988)
Consolidated U.S. Departmonr of Houdn,
Annual Contributions Contract and Urban Development Office of Housing
Housing Certificate Program and HOUSing Voucher Program
A 16
ACC Part II
_ .----- ---
’ A.
Il.
C.
2.3.
A.
HUD Requirements.
The PHA agrees to comply, and shall require. owners to
comply, with 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 HUD requirements.
The PHA shall comply with its HIJD-approved administrative plan, cclual opportunity housing plan and HUD-approved
applicalions for the Programs.
The PHA shall WC the forms required by HUD.
The PHA shall proceed expeditiously with the Programs
under this ACC.
Annual Contribution.
The PHA shall submit to tIUD each Fiscal Year an estimate of
the annual contribution required for the Programs. ‘The annual cc,ntrihution estimate, and supporting data for the estimate,
<hall be qubmtttcd at such lime <and in such form as HUD may
require. and arc subject LO HUD approval and revision.
The PHA will requisition periodic payments on account of c;tch annual contribution. The requisition shall be in the form
prcscrihed by Ht.ID. Each requisition shall include
certification bb th,: PHA that:
1. Housmg ~ssistan~c: paymenu have been made in
accordance with contracts m the form prescribed by HUD and
in accordance with HUD requuemcnts; and
2. Units h~vc. :tccn inspected by the PHA in accordance
with H!.‘D rcqu~remenl5.
If t IUD detcrrnincs that payments by HUD to the PHA for a
Fiscal Year exceed the amount of the annual contribution
appri)ved by HI!D t‘or the Fiscal Year, the excess shall bc
applied as determined by HUD. Such applicadons determined
by HUD may include, but are not limited to, application of the
excess payment against the amount of the annual contribution
lor a suhsequcnt Fiscal Year. The PHA shall take any actions
required by HUD respecting the excess payment, and shall,
upon demand by HUD, promptly remit the excess payment to
HUD.
Reduction in Annual Contribution Payable by HUD.
Upon written notice by HUD to the PHA, HUD may reduce to
an amount determined by HUD the amount of the annual
contribution payable for any project or for the Program, and
may reduce to an amount determined by HUD the conuact
authority rescrvcd by HUD for any project included in the
Program, if HIJD determines that the PHA has failed to comply with any obligations under the ACC.
B.
2.4.
A.
B.
c.
2.5.
A.
B.
The notice by HUD to the PHA shall state any reduction,
pursuant to section 2.3.A of the ACC, in the amount oi the
annual contribution payable for any project or for thl: Program, and shall state any reduction in the amount of
contract authority reserved by HL’D for a project. The notice may swify a revised unit distribution. HUD notice of reduction or revision shall constitute an amendment of the AK. However. HUD shall not reduce tbc amount of annual contribution 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.
Use of Program Receipts.
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 HUD requirements.
Program Receipts may only be used LO pay Program
Expenditures.
The PHA shall not make any Program Expenditures except III accordance with the annual contribution estimate WI
supporting data for such estimate as approved by HUJ?.
The PHA shall maintain an Operating Reserve account :hst
shall bc credited with the amount by which the total of
administrative fees earned and intc:rest earned on the Operating Reserve exceed PHA administrative expenses
d iring a I iscal Yezu In subs equent years, the PHA must USC
l\,nds in tl t: Operatillg Reser c to pay administrative expenses in excess of Program R ceipts. Notwithstanding the provisions of section 2.4.A. if there remain funds in the
Operating Reserve, the PHA 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 housing purposes if the PHA 1s 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.
Books of Account and Records; Reports,
The PHA 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 PHA shall furnish HUD such financial, operating, and
statistical reports, records, statements, and documents at such
times, in such form, and accompanied by such supporting data
as rcqulred by HUD.
Page1 of3 form HUD-52520-E (l/90; ref hanhook 7420 3
c.
D.
2.6.
A.
u.
c.
D.
E.
2.7.
A.
HUD and the Comptroller General ol’ the United States, or
lhcir duly authorized representatives, shall have full and free access to all PHA offices and facilities, and 10 all the books,
documents, papers, and records of the PHA that are pertinent
lo 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 audits as
required by HUD. The cost of audits required by HUD may be
charged against Program Receipts.
Depositary.
The PHA shall enter into one or more agreements, which are collectively called the “Depositary Agreement”, with
financial institutions which are selected as depositary by the PHA, and whose accounu arc insured by an agency of the
Federal Govemmcnt. The Depositary Agreement shall be in
the form prescribed by HUD and the PHA shall furnish to
HUD such copies of the Depositary Agreement as HUD may
require.
All Program Receipts,shall be promptly deposited with the
Depositary under the Depositary Agreement unless otherwise required or permitted by HUD. The PHA may withdraw
Program Receipts subject to the Depositary Agreement only
for use in connection with the Program in accordance with
HUD regulations or other requirements. No withdrawal shall
be made except in accordance with a voucher on file in the
office of the PI-IA stating in proper detail the purpose of the
withdrawal.
As required by HUD, PHA funds in excess of current needs
shall be promptly remitted to HUD or shall be invested in
accordance with HUD requirements. Interest on the
investment of Program Receipts shall constitute Program
Receipts.
The Depositary Agreement shall provide that the provisions of
the Depositary Agreement may not be terminated or changed
without written consent by HUD, and that if required under a
written notice from HUD to the Depositary, (1) the Depositary
shall not permit any withdrawal by the PHA of funds held
under the Depositary Agreement unless withdrawals by the
PHA are expressly authorized by written notice from HUD to
the Depositary, and (2) the Depositary shall permit
withdrawals of such funds by HUD.
If’ approved by HUD, the PHA may deposit under the
Depositary Agreement monies received or held by the PI-IA in
connection with any contract between the PHA and HUD.
Default by PHA.
Upon written notice to the PHA, HUD may take possession of
all or any PHA property, rights or interests in connection with
the Program, including funds held under the Depositary
Agreement, Program Receipts. and rights or interests under a
B. If HUD has taken possession of PHA property, rights, or
interests under section 2.7.A. HUD shall redeliver possession
of the property, rights or interests as constituted at the time of
the return when HUD is satisfied that all defaults have been cured, and that the Program will thereafter be administered in accordance with this ACC.
C.
D.
HUD’s exercise or non-exercise of any right or remedy under the ACC shall not constitute a waiver of HUD’s right to exercise that or any other right or remedy at any time.
During the term of this ACC, HUD shall continue to pay
annual contributions for the purpose of making housing assistance paymen with respect to dwelling units under contracts with owners, entered into by the PHA in the form prescribed by HUD and in accordance with HUD regulations and other requirements. The housing assistance payments shall be made in accordance with the terms of such contracts.
2.8. Fidelity Bond Coverage.
The PHA shall carry adequate fidelity bond coverage, as
required by HUD, of its officers, agents or employees
handling cash or author&d to sign checks or certify vouchers.
2.9.
A.
Nondiscrimination in Housing.
The PHA shall comply with the nondiscrimination
requirements of Title VI of the Civil Rights Act of 1964
prohibiting discrimination based on race, color or national origin and Executive Order 11063 with respect to those
provisions prohibiting discrimination based on religion or sex. and with implementing HUD regulations.
B.
C.
The PHA shall comply with Title VIII of the Civil Rights Act
of 1968 which prohibits discrimination in the sale, rental or
financing of housing on the basis of race, color. religion, sex,
handicap, familial status or national origin and with any
implementing regulations.
The PHA shall comply with Section 504 of the Rehabilitation
Act of 1973, as amended, which prohibits discrimination
contract for housing assistance payments with an owner, if
HUD determines thar
1. The PHA has failed to comply with any obligations under this ACC, or
2. The PHA has failed to comply with obligations under a
contract for housing assistance payments with an owner, or
has failed to take appropriate action, to HUD’S satisfaction or
as directed by HUD. for enforcement of the PHA’s rights
under a contract for housing assistance payments (including
requiring actions by the owner to cure a default, termination or
reduction of housing assistance payments, termination of the
contract for housing assistance payments, or recovery of overpayments), or
3. The PHA has made any misrepresentation to HUD of any material fact.
HUD shall issue a notice to the PHA giving the PHA a
reasonable opponunity to take corrective action before HUD
takes possession of PHA property, rights or interests under this section 2.7.A.
Page2013 form HUP52520-E
-
against handicapped persons who would otherwise qualify to
participate in the Program and, where applicable, the Age
Discrimination Act of 1975, as amended. which prohibits
discrimination on the basis of age.
Unwed parents. families with children born out of wedlock.
and recipients of public assistance shall not be excluded from
participation in or be denied the benefit of the Program because of such status. .
Equal Employment Opportunity.
The PHA shall not discriminate against any employee or
applicant for employment because of race, color. creed,
religion, sex, handicap or national origin. The PHA shall take
affirmative action fo ensure that applicants are employed, and
that employees arc treated during employment, without regard to mcc. ccdor, crerrl, religion. sex, handicap or national origin.
Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or
rccruilment advertising; iayoff or termination: rates of pay or
other forms of compensation: and selection for training,
including apprenticeship.
The PHA agrees Lo post in conspicuous places, available to
cmployces and applicants for employment, notices to he
provided by HllD setting forth the provisions of this
nondiscrimination clause. The PHA will in all solicitations or
advenisements for employees placti by or on behalf of the
PI-IA state that all qualified applicants will receive
consideration for employment without regard to race, color.
creed, religion, sex, handicap or national origin. The PHA
will incorporate the foregoing requirements of this paragraph
in all of its contracts for project work, except contracts for
standard commercial supplies or raw materials, and will
require all of its contractors for such work to incorporate such
requirements in all subcontracts for project work.
2.11. Training, Employment, and Contracting Opportunities for Business and Lower Income Persons.
The PHA shall comply with Section 3 of the Housing and
Urban Development Act of 1968 and HUD regulations. To
the greatest extent feasible, employment and training opportunities in connection with planning and carrying out
any project assisted under the Program shall be given to lower
income persons residing within the unit of local government
or the metropolitan area (or nonmetropolitan county), as
determined by HUD, in which the project is located, and
contracts for work to be performed in connection with any
project shall be awarded to business firs which are located in
or owned in substantial part by persons residing in the same
metropolitan area (or nonmetropolitan county) as the project.
. 2.12. Cooperation in Equal Opportunity Compliance Reviews.
The PHA shall cooperate with HUD in conducting compliance reviews and complaint investigations pursuant to
applicable civil rights statutes, Executive Orders, and rela~zd rules and regulations.
2.13.
A.
Conflict of Interest Provisions.
Neither the PHA nor any of its contractors or theiT
subcontractors shall enter into any contract, subcontract, or
arrangement, in connection with the Program in which any of
the following classes of persons has an interest, direct or
indirect, during tenure or for one year thereafter:
1. Any present or former member or officer of the PHA
(except a tenant commissioner). 2. Any employee of the PHA who formulates policy or
who influences decisions with respect to the Program.
B.
3. Any public officl, member of a governing body, or
State or local legisiator who exercises functions or
responsibilities with respect to the Program.
Any members of the classes described in paragraph A must disclose their interest or prospective interest to the PI-CA and
HUD.
C. The requirements of section 2.13.A may be waived by HUD
for good cause. No person to whom a waiver is granted shall
be permitted (in the capacity as member of a class described in
section 2.13.A) to exercise responsibilities or functions with respect to a contract for housing assistance payments
executed. or to be executed, on his or her behalf, or with
respect to a contract for housing assistance payments to which
this person is a party.
D. The provisions of section 2.13.A. section 2.13.B and section 2.13.C shall not be applicable to the Depositary Agreement, or
to utility service the rates for which are fixed or controlled by
a governmental agency.
2.14. Interest of Member of or Delegate to Congiess.
No member of or delegate to the Congress of the United States
of America or resident commissioner shall be admitted to any share or part of this ACC or to any benefits which may arise
from it.
2.15. Exclusion of Third Party Rights.
Nothing in the ACC shall be construed as creating any right of
any third party to enforce any provision of this ACC, or to
assert any claim against HUD or the PHA under this ACC.
Page3of3 form HUW2520-E
-
Consolidated U.S. Department of Houslr.,
Annual Contributions Contract and Urban Dwdopment Offii of Housing
Housing Certificate Program and Housing Voucher Program
ItA ir
ACC Part II
* A.
Il.
c.
2.3.
A.
HUD Requirements.
The PHA agrees to comply, and shall require owners to
comply, with 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 HUD requlrcments.
The WA shall comply with its HUD-approved administrative
plan. equal opportlmity housing plan and HUD-approved applications for the Programs.
The PHA shall USC the forms required by HUD.
‘The PHA shall proceed expeditiously with the Programs
under this ACC.
hnual Contribution.
The Pf IA shall submit to HUD each Fiscal Year an estimate of the: annurtl contribution required for the Programs. ‘The annual
contrlhrltic>n estimate, and supporting data for the estimate,
shall bc submItted at such time and in such form as HUD may
require. and arc Subject to HUD approval and revision.
The PHA will requisition periodic paymcms on accounl of
each annual comribution. The requisition shall be in the form prescribed by HIID. Each requisition shall include
ccbrtification b) th,, PHA that:
1. Housmg assisiancc payments have been made in
accordance with contracb m the form prescribed by HUD and
in accordance with HUD requirements; and
2. Units hsvc :jecn inspected by the PHA in accordance
with Hl!D rcqulrcmentr.
II 1iUD de:crnminLBs that payments by HUD to the PHA for a
Fiscal Year excccri the amount of the annual contribution
approved by HUD for the Fiscal Year, the excess shall be
applied as determined by HUD. Such applications determined
by HUD may include, but are not limited to, application of the
excess payment against the amount of the annual contribution for a subsequent Fiscal Year. The PHA shall take any actions
required by HUD respecting the excess payment, and shall,
upon demand by HUD, promptly remit the excess payment to
HUD.
Reduction in Annual Contribution Payable by HUD.
Upon written notice by HUD to the PHA, HUD may reduce to
an amount determined by HUD the amount of the annual
contribution payable ‘for any project or for the Program, and may reduce to an amount determined by HUD the contract
authority reserved by HUD for any project included in the
Program, if HUD determines that the PHA has failed to comply with any obligations under the ACC.
B.
2.4.
A.
B.
c.
2.5.
A.
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 contribution 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 notic<
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 annul
contribution payable by HUD for any project or for rhe 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.
Use of Program Receipts.
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 HUD requirements.
Program Receipts may only bc used to pay Program Expenditures.
The PHA shall not make any Program Expenditures except m accordance with ths 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 and intcresl earned on the
Operating Reserve cxccerl PHA administrative expenses
d iring a I lscal Yeas In subs equent years, the PHA must USC’
tcm& in tl e Operatillg Reser e to pay administrative expenses
in cxccss of Propram R,ceipts. Notwithstanding the provision3 of section 2.4.). if there remain funds in the
Operating Reserve. the PHA 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 housing 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.
Books of Account and Records; Reports,
The PHA 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 PHA shall furnish HUD 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.
Page 1 of3 form HUD52520-E (1 BO) ref. handbook 7.420 3
C.
D.
2.6.
A.
I).
c.
D.
E.
2.7.
A.
HUD and the Comptroller General of the United States, or
their duly author&d representatives, shall have full and free
access to all PHA offices 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 audits as
required by HUD. The cost of audits required by HUD may be
charged against Program Receipts.
Depositary.
The PHA shall enter into one or more agreements, which are collectively called the ‘Depositary 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 Depositary Agreement shall be in
the form prescribed by HUD and the PHA shall furnish to
HUD such copies of the Depositary Agreement as HUD may
require.
All Program Receipts shall be promptly deposited with the
Depositary under the Depositary Agreement unless otherwise
required or permitted by HUD. The PHA may withdraw
Program Receipts subject to the Depositary Agreement only
for use in connection with the Program in accordance with
HUD regulations or other requirements. No withdrawal shall
be made except in accordance with a voucher on file in the
office of the PI-IA stating in proper detail the purpose of the
withdrawal.
As required by HUD, PHA funds in excess of curtent needs
shall be promptly remitted to HUD or shall be invested in
accordance with HUD requirements. Interest on the
investment of Program Receipts shall constitute Program
Receipts.
The Depositary Agreement shall provide that the provisions of
the Depositary Agreement may not be terminated or changed
without written consent by HUD, and that if required under a
written notice from I-IUD to the Depositary, (1) the Depositary
shall not permit any withdrawal by the PHA of funds held
under the Depositary Agreement unless withdrawals by the
PHA are expressly author&d by written notice from HUD to
the Depositary, and (2) the Depositary shall permit
withdrawals of such funds by HUD.
1f approved by HUD, the PHA may deposit under the
Depositary Agreement monies received or held by the PHA in
connection wuh any contract between the PHA and HUD.
Default by PHA.
Upon written notice to the PHA, HUD may take possession of all or any PHA property, rights of interests in COnneCtiOn with
the Program, including funds held under the Depositary
Agreement, Program Receipts, and rights or interests under a
B. If HUD has taken possession of PHA property, rights, or
interests under section 2.7.A, HUD shall redeliver possession
of the property, rights or interests as constituted at the time of the return when HUD is satisfied that all defaults have been cured, and that the Program will thereafter be administered in accordance with this ACC.
C. HUD’s exercise or non-exercise of any right or remedy under the ACC shall not constitute a waiver of HUD’s right to exercise that or any other right or remedy at any time.
D. During the term of this ACC, HUD shall continue to pay annual contributions for the purpose of making housing assistance paymenp with respect to dwelling units under contracts with owners, entered into by the PHA in the form’ prescribed by HUD and in accordance with HUD regulations and other requirements. The housing assistance payments shall be made in accordance with t!~ terms of such contracts.
2.8. Fidelity Bond Coverage.
The PHA shall carry adequate fidelity bond coverage, as required by HUD, of its officers, agents CK employees
handling cash or authorized to sign checks or certify vouchers.
2.9.
A.
B.
C.
Nondiscrimination in Housing.
The PHA shall comply with the nondiscrimination
requirements of Title VI of the Civil Rights Act of 1964
prohibiting discrimination based on race, color or national
origin and Executive Order 11063 with respect to those
provisions prohibiting discrimination based on religion or sex.
and with implementing HUD regulations.
The PI-IA shall comply with Title VIII of the Civil Rights Act of 1968 which prohibits discrimination in the sale, rental or
financing of housing on the basis of race, color, religion, sex,
handicap, familial status or national origin and with arty
implementing regulations.
The PHA shall comply with Section 504 of the Rehabilitation
Act of 1973, as amended, which prohibits discrimination
contract for housing assistance payments with an owner, if HUD detemiines that: .
1. The PHA has failed to comply with any obligations under this ACC, or
2. The PHA has failed to comply with obligations under a
contract for housing assistance payments with an owner. or
has failed to take appropriate action, to HUD’s satisfaction or as directed by HUD, for enforcement of the PHA’s rights
under a contract for housing assistance payments (including
requiring actions by the owner to cure a default, termination or reduction of housing assistance payments, termination of the
contract for housing assistance payments, or recovery of
overpayments), or
3. The PHA has made any misrepresentation to HUD of any material fact.
HUD shall issue a notice to the PHA giving the PHA a reasonable opportunity to take corrective action before HIID
takes possession of PHA property, rights or interests under this section 2.7.A.
Page2013 form HUD-52520-E
-
. -
.
D.
2.10.
A.
B.
against handicapped persons who would otherwise qualify to
participate in the Program and, where applicable, the Age Discrimination Act of 1975, as amended, which prohibits
discrimination on the basis of age.
Unwed parents, families with children born out of wedlock,
and recipients of public assistance shall not be excluded from
participation in or be denied the benefit of the Program because of such status. .
Equal Employment Opportunity.
The PHA shall not discriminate against any employee or
applicant for employment because of race, color, creed religion, sex, handicap or national origin. The PHA shall take
affirmative action to ensure that applicants are employed, and
that employees are treated during employment, without regard
to mce, color, creed. religion, sex. handicap or national origin.
Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training,
including apprenticeship.
The VIA agrees to post in conspicuous places, available to
emi ‘es and applicants for employment, notices to he
pro’. I by HI JD setting forth the provisions of this nondtscnmination clause. The PHA will in all solicitations or
advertisements for employees placed by or on behalf of the
PHA state that all qualified applicants will receive
consideration for employment without regard to race, color,
creed, religion, sex, handicap or national origin. The PHA
will incorporate the foregoing requirements of this paragraph
in all of its contracts for project work, except contracts for
standard commercial supplies or raw materials, and will
require all of its contractors for such work to incorporate. such
requirements in all subcontracts for project work.
2.11. Training, Employment, and Contracting Opportunities for Business and Lower Income Per :3ns.
The PHA shall comply with Section 3 of the Housing and
Urban Development Act of 1968 and HUD regulations. To
the greatest extent feasible, employment and training
opportunities in connection with planning and carrying out
any project assisted under the Program shall be given to lower
income persons residing within the unit of local government
or the metropolitan atea (or nonmetropolitan county), as
determined by HUD, in which the project is located, and
contracts for work to be performed in connection with any project shall be awarded to business firs which are located in
or owned in substantial part by persons residing in the same
metropolitan atea (or nonmetropolitan county) as the project.
2.12. Cooperation in Equal Opportunity Compliance Reviews. - - -
2.13.
A.
B.
C.
D.
2.14.
2.15.
The PHA shall cooperate with HUD in conducting
compliance reviews and complaint investigations pursuant to applicable civil rights statutes, Executive Orders, and related
rules and regulations.
Conflict of Interest Provisions.
Neither the PHA nor any of its contractors or their
subcontractors shall enter into any contract, subcontract, or
arrangement, in connection with the Program in which any of
the following classes of persons has an interest, direct or
indirect, during tenure or for one year thereafter: 1. Any present or former member or officer of the PHA
(except a tenant commissioner). 2. Any employee of the PHA who formulates policy or
who influences decisions with respect to the Program. 3. Any public official, member of a governing body, or
State or local legislator who exercises functions or responsibilities with respect to the Program.
Any members of the classes described in paragraph A must disclose their interest or prospective interest to the PHA and HUD.
The requirements of section 2.13.A may be waived by HUD
for good cause. No person to whom a waiver is granted shall
be permitted (in the capacity as member of a class described in
section 2.13.A) to exercise responsibilities or functions with
respect to a contract for housing assistance payments
executed, or to be executed, on his or her behalf, or with
respect to a contract for housing assistance payments to which
this person is a party.
The provisions of section 2.13.A. section 2.13.B and section 2.13.C shall not be applicable to the Depositary Agreement, or
to utility service the rates for which are fixed or controlled by
a governmental agency.
Interest of Member of or Delegate to Congiess.
No member of or delegate to the Congress of the United States
of America cr resident commissioner shall be admitted to any
share or part of this ACC or to any benefits which may arise
from it.
Exclusion of Third Party Rights.
Nothing in the ACC shall be construed as creating any right of any third party to enforce any provision of this ACC, or to
assert any chum against HUD or the PHA under this ACC.
Pqp3of3 form HUD-52520-E
_- c
.
CERTIFICATE OF RECORDING OFFICER
of
do
I, the unders'igned, the duly qualified and acting Secretary
the Housing and Redevelopment Commission
hereby certify:
1.
2.
That the attached Resolution is a true and correct copy of a
Resolution as finally adopted at a duly called meeting of the Housing and Redevelopment Commission
held on February 4, 1992
and duly recorded in the official records of said Governing
Body; that the Resolution has not been amended, modified, or
rescinded, and is now in full force and effect;
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 throughout the meeting and that a legally
sufficient number of members of the Housing and Redevelopment Commission
voted in 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 publication, 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 con-
stitutes the official seal of the Housing and Redevelopment
Commission
and this Certificate is hereby executed under such official
seal.
IN WITNESS WHEREOF, I have hereunto set my hand on
Februrv 6, 1997
(SEAL)
R,AYMOND R. PATCHETT
(Type Name)
Executive Director (Title)
HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 201
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION
OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING NEW PART I AND PART II OF SECTION 8 EXISTING HOUSING VOUCHER PROGRAM CONSOLIDATEDANNUAL CONTRIBUTIONS CONTRACT NO. SF-535 (V) AND AUTHORIZING EXECUTION.
WHEREAS, the Housing and Redevelopment Commission of the
City of Carlsbad (lIPHAlt) desires to enter into a Consolidated
Annual Contributions Contract (ltCACC1') with the United States
of America ("Government") for the Section 8 Existing Housing
Voucher Program; and
WHEREAS, the Section 8 Existing Housing Voucher CACC
consists of the following counterparts:
a. Part I of the CACC, HUD 52520D (l/90), applicable to the Section 8 Existing Housing Voucher Program, adding Project No. CA16-V077-004.
b. Part II of the CACC, HUD 52520E (l/90), 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 CACC for the Section 8 Exhibit Housing Voucher Program are hereby approved and accepted. The Chairperson is hereby authorized and directed to execute the counterparts of the CACC 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 thereof as may be required by the Government.
2. This Resolution shall take effect immediately.
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1 PASSED, APPROVED AND ADOPTED at a regular meeting of the
2 Housing and Redevelopment Commission of the City of Carlsbad,
3 /I held on the 4th I day of February I 1992, by the
4 following vote to wit:
5 AYES:Comnissioners Lewis, Kulchin, Larson, Stanton & Nygaard
6 NOES: None
7 ABSENT: None
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CERTIFICATE OF RECORDING OFFICER
I, the undersigned, the duly qualified and acting Secretary
of the Housing and Redevelopment Commission -.
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
Housing and Redevelopment Commission
held on February 4. 1997
and duly recorded In the official records of said Governing
Body; that the Resolution has not been amended, modified, or
rescinded, 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 throughout the meeting and that a legally sufficient
number of members of the Housing and Redevelopment
Commission voted in
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 publication, 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 official seal of the Housing and Redevelopment Commission
and this Certificate is hereby executed under such official seal.
IN WITNESS WHEREOF, I have hereunto set my hand on
February 6. 1992
(Date)
(SEAL)
RAYMOND R. PATCHETT .
(Type Name)
EXECUTIVE DIRECTOR
(Title)
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HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 202
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING SUPERSEDING PART I AND NEW PART II OF SECTION 8 EXISTING HOUSING CERTIFICATE PROGRAM CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT NO. SF-535 (El AND AUTHORIZING EXECUTION.
WHEREAS, the Housing and Redevelopment Commission of the
City of Carlsbad, (IrPHA") desires to enter into a superseding
Part I of the Section 8 Consolidated Annual Contributions
Contract ('lCACCV1) with the United States of America
("Government") for the Section 8 Existing Housing Certificate
Program; and
WHEREAS, the Section 8 CACC must now be revised so that
it will consist of the following counterparts:
a.
b.
NOW,
1.
2.
//I/
///I
/I//
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//I/
////
//I/
Superseding Part I of the CACC, HUD 52520B (8/88), adding new Project No. CA16-E077-013; and
New Part II of the CACC, HUD 525203 (l/90), applicable to the Section 8 Existing Housing Certificate Program.
THEREFORE, be it hereby resolved by the PHA, as follows:
The Superseding Part I and New Part II of the CACC, for the Housing Certificate Program, are hereby approved and accepted. The Chairperson is hereby authorized and directed to execute the counterparts of the CACC 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 thereof, as may be required by the Government.
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,
on the qth day of February I 1992, by the following vote, to
wit:
AYES: Commissioners Lewis, Kulchin, Larson, Stanton & Nygaard
NOES: None
ABSENT: None
CLAUDE A. ~I&WIS,!'CliiairperSOn
ATTEST:
(SEAL)
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