Loading...
HomeMy WebLinkAbout1984-02 HA W.' " . . . . . . ---.,---.+> . DMF/fm 3/7/84 . RESOLUTION NO. 84- 2 RESOLUTION AUTHORIZING EXECUTION OF SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM RE- VISED MASTER SECTION 8 ANNUAL CONTRIBUTIONS CONTRACT NO. SF-503 INCLUDING PROJECT NUMBER CA16-E093-o11 AND PROVIDING FOR THE DEPOSIT OF MONIES PURSUANT TO A GENERAL DEPOSITARY AGREEMENT WHEREAS, the HOUSING AUTHORITY OF THE CITY OF SANTA ANA (herein called the "Public Housing Agency") proposes (1) to enter into a Section 8 Housing Assistance Payments Program Master Section 8 Annual contributions Contract (herein called the "Contract") with the United States of America (herein called the "Government")¡ and (2) to provide for the deposit of monies pursuant to a General Depositary Agreement with a financial institution which is a member of the Federal Deposit Insurance Corporation (herein called the "Bank")¡ all with respect to any "Project" as defined in the Contract, and which at any time, now or hereafter, is incor- porated under the terms of such Contract: BE IT RESOLVED BY THE PUBLIC HOUSING AGENCY, AS FOLLOWS: SECTION 1. The proposed Contract, designated "Section 8 Housing Assistance Payments Program Master Section 8 Annual Contributions Contract," pursuant to the United States Housing Act of 1937, as amended, is hereby approved and accepted both as to form and substance, and the Chairman is hereby authorized and directed to execute said contract in three counterparts on behalf of the Public Housing Agency and to forward such executed counterparts to the Government, together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. SECTION 2. The California First Bank and the Public Housing Agency have previously entered into a General Depositary Agreement, Form HUD-51999A, dated september 4, 1975, which provides for the deposit of specified monies of ". . . one or more additional low rent housing projects. . . The Public Housing Agency hereby determines that pursuant to the terms of the Agreement the aforenamed Bank shall be the Depositary for the Section 8 Housing Assistance Payments Program established under the Contract hereinabove approved. SECTION 3. The Chairman, Vice-Chairman or Executive Secretary is hereby authorized and directed to file with the Government from time to time as payments a~ required, requisitions, together with the necessary upporting documents, requesting periodic payments to be made on ccount of the " . .; ---'-"~-_. - -.- ----~._...-.~. . . ._..~....._-"-'. ,'.."" . . . . . . . . . . . RESOLUTION NO. 84- 2 Page Two Annual Contributions Contract, and the proper officers of the Public Housing Agency shall prèp~e, execute and deliver to the Government and shall accept payment therefor from the Government and such persons are authorized to do and perform all other things and acts required to be deposited and disbursed only in accordanCe with the provisions of the Annual Contributions Contract. SECTION 4. illllÍlediately. This Resolution shall take effect ADOPTED, this by the following vote: 19th day of March , 1984, AYES: 7 Luxembourger, Griset, Bricken, Acosta, McGuigan, Johnson, and Young. MEMBERS : NOES: 0 MEMBERS : ABSENT: 0 MEMBERS: ATTEST: ALEX SANCHEZ, Executive Dire or APPROVED AS TO FORM: 1 ., " ; 1 j ..._~.__......__._---"-_._-' ....--'~._-' ~.__.__._.,---- ._-~_. _._-~-"....-......-_._._. ,...~- --~~- . .. ....--- -"-".-.~'-' -... ,-,",--'----'-_.~""._"--'...._--" ,.~. ..., .-.--. .. ¡ . , I I . . . . . RESOLUTION NO. 84-2 RESOLUTION AUTHORIZING EXECUTION OF SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM REVISED MASTER SECTION 8 ANNUAL CONTRIBUTIONS CONTRACT NO. SF-503 INCLUDING PROJECT NUMBER CA16-E093-011 AND PROVIDING FOR THE DEPOSIT OF MONIES PURSUANT TO A GENERAL DEPOSITARY AGREEMENT WHEREAS. the HOUSING AUTHORITY OF THE CITY OF SANTA ANA (herein call~ousing Agency.) proposes (1) to enter into a Section 8 Housing Assistance Payments Program 'Master Section 8 Annual Contributions Contract (herein called the -Contract-) witlithe United States of America (herein called the -Government-); and (2) to provide for the deposit of monies pursuant to a General Depositary Agre~nt with a financial institution which is a Member of the Federal Deposit Insurance Corporation (herein called the -Bank-); all with respect to any -Project" as defined in the Contract, and which at any time, now or hereafter, is incorporated under the terms of such Contract: BE IT RESOLVED BY THE PUBLIC HOUSING AGENCY, AS FOLLOWS: Section 1. The proposed Contract, designated "Section 8 Housing Assistance Payments Program Master Section 8 Annual Contributions Contract", pursuant to the United States Housing Act of 1937, as amended, is hereby approved and accepted both as to form and substance, and the Chairman is hereby authorized and directed to execute said contract in three counterparts on behalf of the Public Housing Agency and to forward such executed counterparts to the Government, together with such other docuMents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. The CALIFORNIA FIRST BANK and the Public Housing Agency have previously entered into a General Depositary Agreement, Form HUD-51999A dated September 4, 1975, which provides for the deposit of specified monies of "... one or more additional low rent housing projects...". The Public Housing Agency hereby determines that pursuant to the terms of the Agreement the aforenamed Bank shall be the Depositary fo. the Section 8 Housing Assistance Payments Program established under the contract herein above approved. Section 3. The Chairman Vice-Chairman or Secretar is hereby author ze and directed to e w th the overnment rom t me to time as payments are required, requisitions together with the necessary supporting documents requesting periodic payments to be made on account of the Annual Contributons Contract, and the proper officers of the Public Housing Agency shall prepare, execute and deliver to the Government and shall accept payment therefor from the Government and such persons are authorized to do and perform all other thing and acts required to be deposited and disbursed only in accor- dance with the provisions of the Annual Contributoins Contract. Section 4. This Resolution shall take effect immediately. . ~, ~, . ! ~ , ~. I , i ! - . . . . . SANTA ANA U.S. DEPARTMENT Of HDUSING AND URQAN DEVELOPMENT SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM EXISTING HOUSING PART I of the ANNUAL CONTRIQUTIONS CONTRACT Number of this ACC Part I: SF -503 Master Section 8 ACC Number: SF -503(E) Effective Date: TDate of execution by fhiÏGovernment of this ACC Part I] 1.1 The Program. (a) Projects Within Program, The Existing Housing Program under this ACC Part I includes the following projects: Proj ect Number ACC List Number and Date of Approval Refer to Exhibit "A" attached hereto and made part hereof. units by s~~l o~u~~~so;n~~~~:d(~~ ~~~~l ~~o~~~ a~h~o~~~:~~ate number of Size of Unit Number of Units l-BR 259 2-BR 356 3-BR 149 4-QR 61 (c) Maximum ACC Amount. The maximum ACC amount for all Program Expenditures in respect to the aggregate number of units in these projects (the Program) is $2,716,956.00 , per year; Provided, however, that this amount shall be reduced commensurately with any reduction in the number of units or changes in unit size under any provision of this ACC (see Section 1.4(a». The PHA shall not enter into any Contract or take any other action which will result in a claim for an Annual Contributions in respect to the Program in excess of the amount stated in this paragraph (c). (d) PHA Obligation. The PHA, to the maximum extent feasible, shall enter into Housing Assistance Payments Contracts ("Contracts") in accordance with the numbers and sizes of units and subject to the maximum ACC amount spe- cified above. (e) Meaning of "Project" as Used in Master ACC and Part II. For pur- poses of this part I the term "Project" wherever used in the Master Section 8 ACC and in Part II shall mean all the projects in the "Existing Housing Program. " 1.2 Authorization of Actions by PHA. In order to carry out the program, the PHA is authorized to (a) enter into Housing Assistance payments Contracts, (b) make housing assistance payments on behalf of Families, and (c) take all other necessary actions all in accordance with the forms, conditions and require- ments prescribed or approved by the Government; Provided, however, that neither the PHA nor the Government shall assume any obligation beyond that provided in Contracts in the form.approved by the Government. 1.3 Term of ACC, Lease and Contract. (a) Term of ACC. The term of this ACC shall be five years, HUD-52520B (:>-101 . , ! I- f I - j I - . . e. " (b) Term of lJllt and Contract. The term of eJIIÞlease shall be for not less than one year nor more than three years, but the lease may contain a provision permitting termination upon 30 days advance written notice by either party. The term of each Contract shall be for the term of the lease, provided that if a Family continues in occupancy after the expiration of the term on the same terms and conditions as the original lease (or changes thereto which have been approved by the PHA and incorporated in the Contract where appropriate), the Contract shall continue in effect for the duration of such tenancy subject to the limitation in the next sentence. Any renewal of the Contract and lease term, and any continuation of tenancy beyond the term, shall in no case extend beyond the term of this ACC. 1.4 Annual Contribution. (a) Notwithstanding any other provisions of this ACC (other than paragraph (c) of this Section) or any provisions of any other contraLt between the Government and the PHA, the Government shall not be obligated to make any annual Contribution or any other payment with respect to any Fiscal Year in excess of the amount stated in Section 1.1(c). (b) Subject to the maximum dollar limitation in paragraph (a) of this Section, the Government shall pay for each Fiscal Year an Annual Contribution to the PHAin respect to the Program in an amount equal to the sum of the following (subject to reduction by the amount of any Program Receipts other than Annual Contributions, which Receipts shall be available for Program Expenditures): (1) The amount Fiscal Year (see Section 1.5) in Section 1.2, of housing assistance payments payable during the by the PHA pursuant-to the Contract, as aúthorized (2) The allowance, in the amount approved by the Government, for preliminary costs of administration. (3) The allowance,in the amount approved by the Government, for regular costs of administration, including costs of Government-required audits of Owners and the PHA. (c) (1) An ACC reserve account wi 11 be established and maintained by the Government, as a specifically identified and segregated account, in an amount as determined by the Government consistent with its responsibilities under section 8(c)(6) of the Act. To the extent funds are available in said account, the Annual Contribution for any Fiscal Year may exceed the maximum amount stated in paragraph (a) of thIS Section by such amount, if any, as may be required for increases reflected in the estimates of required Annual . Contribution applicable to such Fiscal Year as approved by the Government in accordance with Section 2.11 below. (2) The Government will take such additional steps authorized by section 8(c)(6) of the Act as may be necessary to assure availability of funds to cover increases in housing assistance payments on a timely basis as a result of increases in Contract Rents or decreases in Family Incomes. (d) The Government will make periodic payments on account of each Annual Contribution upon requisition therefor by the PHA in the form prescribed by the Government. Each requisition shall include certifications by the PHA that housing assistance payments have been or will be made only: (1) In accordance with the provisions of the Contract~¡ and to be prior (2) With respect to units which the PHA has inspected or caused inspected, pursuant to Section 2.4 of Part II of this ACC, within one year to the making of such housing assistance payments. (e) Following the end of each Fiscal Year, the PHA shall promptly pay to the Government, unless other disposition is approved by the Government, the amount, if any, by which the total amount of the periodic payments during the Fiscal Year exceeds the total amount of the Annual Contribution payable for such Fiscal Year in accordance with this Section. - 2 - HUD-52520B (5-76) . ¿; ,. r. . '," 1.5 Fiscal Year. T-'15ca1 Year for the Progrêllll sh8be the Fiscal Year established by Section 0.3 of this ACC. Provided, however, that the first Fiscal Year for the Project shall be the period begiflntng with the effective date of this ACCPart I and ending on the last day of said established Fiscal Year which is not less than 12 months after such effective date. If the first Fiscal Year exceeds 1.2 months, the maxilllUm Annual Contribution in Section 1.1(c) may be adjusted by the addition of the pro rata amount applicable to the per10d of : operation in excess of 12 months. s1on~.~f ~~~:~~~~~~, e:~:~1~p~::~;it~h~0~~n:h:~~n~08P1Y w1th all provi- 1.8 Ex ed1tious Carr 1n Out of Pro ra8. The PHA shall proceed expedi- tiously w e rogram. tel s to proceed expeditiously, the Government, by notice to the PHA, may reduce 1ts Ob11gat1on hereunder w1th , respect to the Program to the nUnDer and she of dwelling units under Contracts with Owners .as of the date of receipt of such notice by the PHA, with a corresponding reduction in the maximum amount of the Annual Contr1bution spe- cified i.n Section 1.1(c). 1.9 Prior ACCs Su¥erseded. This Part I supersedes prior Section 8 Existing Housing ~arts I, 1 any.' . ,. PHA: HOUSING AUTHORITY OF THE CITY OF SANTA ANA '''4f~#_L~ ha rman ( DATE: March 19, 1984 UNITED STATES OF AMERICA Secretary of Housing and Urban Development i I ! j ¡ \ 48 . ' By: Director, Housing D1v1sion Los Angeles Office DATE: . - 3 - HUD-52520B (5-76) . - . L" .'~~ r . . . EXHIBIT "A. Part I of the Annual Contributions Contract SF -503(E) HOUSING AUTHORITY OF THE CITY OF SANTA ANA , : The Existing Housing Program under this ACC Part I includes the following ; projects: t I I . 'project Number CA16-E093-00l CA16-E093-004 CA16-E093-005 CA16-E093-006 CA16-E093-007* CA16-E093-008 CA16-E093-009 CA 16-E093-01 0 CA16-E093-011 ACC List Number and Date of Approval SF-75-141 dated 6-30-75 SF-76-277 dated 6-28-76 SF-77-426 dated 6-29-77 SF-78-246 dated 5-19-78 SF-79-371 dated 7-30-79 SF-81-534 dated 7-10-81 SF-82-855 dated.9-28-82 SF-82-862 dated 9-27-82 SF-83-531 dated 8-1-83 *Redistribution . . . - . " . . I , ! ! . ~---- ~. . . . . CERTIFICATE OF RECORDING OFFICER I, the undersigned, the fuly qualified and acting Chairman of the Santa Ana Housing Authority 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 .' hi1d on Santa Ana =~~~ni9 AUi~~~i ty Commission and duly recor e n e c a recor s 0 sa vern ng ody. 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 èxtent 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 meøebers of the Santa Ana Housin Authorit Commission voted n t e proper manner or a opt on 0 sa eso u 10n. t at all other requirements and proceedings under the law incident to the proper adoption or passage of the Resolution, including publica- tion, if required, have been duly fulfilled, carried out, and otherwise observed; that I am authorized to execute this Certificate; and that the seal affixed below constitutes the offi- cial seal of the Santé!- Ana Housing Authority and this Certificate is hereby executed under such official seal. IN WITNESS WHEREOF, I have hereunto set my hand on March 19, 1984 (Dili) (SEAL) ~L gnatur /~- -" "Ji7Ø--- Robert W. Luxembourger (Type Name) Chairma,n. (Title) , ..