HomeMy WebLinkAbout1981-366-07.13.1981 RESOLUTION NO 1981 -366
RESOLUTION AUTHORIZING EXECUTION
OF
ANNUAL CONTRIBUTIONS CONTRACT
WHEREAS the Waterloo Housing Authority
(herein called the "Local Authority") proposes to enter
into a revised contract (herein called the "Annual Contri-
butions Contract") with the United States of America (herein
called the "Government") with respect to any "Projects" as
defined in the Annual Contributions Contract and which at
any time now or hereafter is incorporated under r the terms
of such Contract . -
BE IT RESOLVED BY THE LOCAL AUTHORITY, as follows :
Section 1 . The Annual Contributions Contract in substantially
Me form of contract hereto attached and marked "Exhibit A" is
hereby approved and accepted both as to form and substance and
the Chairman or Vice Chairman is hereby authorized and directed
to execute said contract in two copies on behalf of the Local
Authority, and the Secretary is hereby authorized and directed
to impress and attest the official seal of the Local Authority
on each such counterpart and to forward said executed counter-
parts , or any of them, 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 . Whenever the following terms , or any of them, are
used in this Resolution, the same , unless the context shall
indicate another or different meaning or intent , shall be con-
strued, and are intended to have meanings as follows :
(1) The term "Resolution" shall mean this Resolution.
(2) All other terms used in this Resolution and which are
defined in the Annual Contributions Contract shall have
the respective meanings ascribed thereto in the Annual
Contributions Contract .
Section 3. This Resolution shall take effect immediately .
Passed and adopted this 13th day of July , 1981 .
ATTEST :
Larr ger , City erk .
^ x U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM
MASTER SECTION 8 ANNUAL CONTRIBUTIONS CONTRACT NO. KC-9070 I
NEW CONSTRUCTION, SUBSTANTIAL REHABILITATION, MODERATE REHABILITATION, EXISTING HOUSING
s
This Master Section 8 Annual Contributions Contract (ACC) is entered into
between the United States of America, acting through the Department of Housing and
Urban Development (HUD), pursuant to the United States Housing Act of 1937, as 1
amended (42 U.S.C. 1437, et seq. ) , herein called the "Act", and the Department of
HUD Act (42 U.S.C. 3531) , and Waterloo Housing Authority
(herein called the "PHA") , which is a "public housing agency" as 1
defined in the Act. The parties agree as follows:
4:
0.1 Project or Projects. The PHA is undertaking to provide decent, safe, and
sanitary housing for Families pursuant to Section 8 of the Act by means of Housing
Assistance Payments Contracts ("Contracts") with Owners. Such undertaking may
involve an agreement for the use of housing to be constructed ( "New Construction"),
an agreement for the use of existing housing to be substantially rehabilitated 1
("Substantial Rehabilitation") , an agreement for the use of existing housing to be t
moderately rehabilitated C14oderate Rehabilitation") , or the use of existing housing
1
without substantial or moderate rehabilitation ("Existing Housing"). In each I
instance, the numbers and sizes of dwelling units with respect to which a certain
maximum Annual Contributions commitment is made shall constitute a Project under
this ACC and shall be identified by a Project Number.
0.2 Part I and Part II of this Annual Contributions Contract.
E
(a) Certain provisions of the ACC, principally those which are specifically
applicable to a designated Project, are contained in Part I. Separate forms of Part
I are used for different types of Projects (i.e., New Construction, Substantial
Rehabilitation, Moderate Rehabilitation, and Existing Housing). A separate Part I, I
on the applicable form, has been executed with respect to each Project. Under this f
ACC, each Part I is a part of this ACC.
tom.
'� - (b) Part II contains the remaining provisions of this ACC and is applicable
zx
even though it is not executed separately. Separate forms of Part II are used for
;y different types of Projects. For Existing Housing or Moderate Rehabilitation
Projects, the applicable Part II is Form HUD-52520C SUPP, dated 10/79
" For New Construction or Substantial Rehabilitation Projects, the applicable Part II
s is Form HUD-52520C: dated 10/79
4.
Both forms of Part II are included in
the ACC.
0.3 Fiscal Year. Except for the first Fiscal Year of each Project, there
shall be one Fiscal Year for all Projects under this ACC. This Fiscal Year shall be
the 12-month period ending June 30 of each calendar year. The first Fiscal
Year for each Project shall be as provided in the Part I applicable to the Project.
F1
4 yyp
i
1
Previous Editions Obsolete Page 1 of 2 HUD-52520A (10-79)
1 1 1 I i
UFJITS SOUuCE CONTRACT TERM 'BUD^^ET.YEAR AUTHORITY rvr.�4c, �i,. , .. I ...LOAN .
0.4 Schedule of Projects. Attached to this ACC, as Attachment A, is a list
identifying each ACC Part I and ACC Part I amendment by Project Number, date, and ACC
List Number and date.
0.5 This ACC [Form HUD-52520A (10-79)] supersedes any previous Master Section 8
Annual Contributions Contract for the Projects identified in Attachment A.
PHA WATERLOO HOUSING AUTHORITY
By (- 1
I0r-
(Official Title)
Date , 19
United States of America
Secretary of Housin r nd Urban Development
Des Moines Service office
By
(Official Title)
Date , 19
Page 2 of 2 HUD-52520A (10-79)
U Ji G _. gaWF71--
! '
KC-81-238N�5 YI ,; �' °1. /�~,� � � �OAI�......_. r U;`i' 'f' AUTHORITY
AUTHORITY
G / - /,/4 J- -./S./C,
MASTEZ SECTION 8 ANNUAL CONTRIIUTIONS CQNiJ CT
ATTACIIMENT A
•
!.CC Contra,:t Nu-' er Date ACC List Number Date Frojc^t T`r^n
KC-9070 11/1/77 KC-77-308 9/15/77 Section 8 Existing
KC-9070 4/1/78 KC-78-073 3/21/78 Section 8 Existing
KC-9070 6/1/78 KC-78-094 3/24/78 Section 8 Existing
KC-9070 6/1/79 KC-79-092 3/27/79 Section 8 Existing
KC-9070 10/25/79 KC-80-001 10/1/79 Section 8 Existing
KC-9070 KC-81-238 6/26/81 Section 8 Existing
•
•
ACC LIST NO. '
• SOURCE 1 CONTRACT TERM BUDGET LOAN .-
UNITS YE, F; { AUTHORITY (YE S11 AUTHORITY AUTHORITY
KC-77-308 _ 50 1977 109,572.00 15 1,643,580.00, ---- '
•
.
SOURCE CONTRACT TERM ' BUDGET LOAN .
U"lC1'S . YEAR AUTHORITY {`' AUTHORITY AUTHORITY
. I $
KC-78-073 71 1977 76,082.00 15 1,141,230.00 ----
•
4
v
SOURCE CONTRACT TERM I BUDGET 1 - LOAN .
UMTS YEAR AUTHORITY (Y•;,- AUTHORITY AUTHORITY
•
.
KC-78-094 50 1978 142,236.00 15 2,133,540.00 ----
SOU;�CE CONTRACT TERk'�1 BUDGE T- ILOAN .
UNITS YEAR 1 AUTHORITY r.1
(.: `tS}� AUTYORITY AUTHORITY
,7 `3 $
KC-79-092 75 1979 197,424.00 15 2,961,360.00 ----
•
1 '
.
- SOURCE CONTRACT TERM
UNITS YEAR AUTHORITY R BUDGET LOAN .
"'�-- (Yf _S) AUTHORITY AUTHORITY
KC-80-001 50 1979 133,428.00 15 2,001,420.0 ' ----
-52520B
Page 1 of 3 Pages
Revised May 1976
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM
EXISTING HOUSING
PART 1. OF THE
ANNUAL CONTRIBUTIONS CONTRACT
EFFECTIVE DATE:
(Date of execution by the Government of this
ACC Part 1)
MASTER SECTION 8 ACC NUMBER: NUMBER OF THIS ACC PART I:
KC-9070 KC-9070
1.1 The Program.
(a) Projects Within Program. The Existing Housing Program under this ACC Part
1 includes the following projects:
Project Number: ACC List Number and Date of Approval
IA05-E050-001 KC-77-308 9/15/77
IA05-E050-002 KC-78-073 3/21/78
IA05-E050-003 KC-78-094 3/24/78
IA05-E050-004 KC-79-092 3/27/79
IA05-E050-005 KC-80-001 10/1/79
IA05-E050-006 KC-81-238 6/26/81
(b) Number of Units (By Size) in Program. The aggregate number of units by size
of unit included in these projects is as •follows:
Size of Unit: Number of Units:
1 BR 76
2 BR 134
3 BR 83
4 BR 20
5 BR _ 4
6 BR 1
(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
$ 866, 4 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 Contribution 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 specified above.
(e) Meaning of "Project" as Used in Master ACC and Part II. For purposes 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 requirements 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.
,,UD-52520B
Page 2 of 3 Pages
1.3 Term of ACC, Lease and Contract.
1r (a) Term of ACC, The term of this ACC shall be five years.
(b) Term of Lease and Contract. The term of. each Lease shall be for not less than
one year nor more than three years, but the Lease may contain a provision 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 incor-
porated in the Contract where appropriate) , the Contract shall continue in effect
for the duration of such tenancy subject to the limitation in the next sentence.
Any renewal of the Contract and Lease term, and any continuation of tenancy beyond the
term, shall in no case extend beyond the term of this ACC.
1.4 Annual Contribution.
(a) Notwithstanding any other provisions of this ACC (other than paragraph (c) of
this Section ) or any provisions of any other contract between the Government and the
PHA, the Government shall not be obligated to make any Annual Contribution or any
other payment with respect to any Fiscal Year in excess of the amount stated in
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 PHA
in respect to the Program in an amount equal to the sum of the following (subject to
reduction by the amount of any Program Receipts other than Annual Contributions, which
Receipts shall be available for Program Expenditures) :
(1) The amount of housing assistance payments payable during the Fiscal Year
(see Section 1.5) by the PHA pursuant to the Contract, as authorized in Section 1.2.
(2) The allowance, in the amount approved by the Government, for preliminary costs
of administration.
(3) The allowance, in the amount approved by the Government, for regular costs of
administration, including costs of Government-required audits of Owners and the PHA.
(c) (1) An ACC reserve account will be established and maintained by the Govern-
ment, 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 Contri-
bution upon requisition therefor by the PHA in the form prescribed by the Government.
Each requisition shall include certifications by the PHA that housing assistance
payments have been or will be made only:
(1) In accordance with the provisions of the Contracts; and
(2) With respect to units which the PHA has inspected or caused to be inspected,
pursuant to Section 2.4 of Part II of this ACC, within one year prior 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.
1.5 Fiscal Year. The Fiscal Year for the Program shall be the Fiscal Year es-
tablished by Section 0.3 of this ACC; provided, however, that the first Fiscal Year
for the Project shall be the period beginning with the effective date of this ACC Part I.
ti(UD-52520E
Page 3 of 3 Pages
and ending on the last day of said established Fiscal Year which is not less than
12 months after such effective date. If the first Fiscal Year exceeds 12 months, •
the maximum Annual Contribution in Section 1. 1 (c) may be adjusted by the addition
of the pro rata amount applicable to the period of operation in excess of 12 months.
1.6 Periodic Adjustment of Contract Rents. Each contract may provide for periodic
adjustments in the Contract Rents chargable by the Owner and commensurate increases in
amounts of housing assistance payments in accordance with applicable Government
regulations.
1.7 Equal Opportunity Housing Plan. The PHA shall comply with all provisions
of its HUD-approved equal opportunity housing plan.
1.8 Expeditious Carrying Out of Program. The PHA shall proceed expeditiously with
the Program. If the PHA tails to proceed expeditiously, the Government, by notice
to the PHA, may reduce its obligation hereunder with respect to the Program to the
number and size of dwelling units under Contracts with Owners as of the date of receipt
of such notice by the PHA, with a corresponding reduction in the maximum amount of the
Annual Contribution specified in Section 1.1(c) .
1.9 Prior ACCs Superseded. This Part I supersedes prior Section 8 Existing Housing
ACC Parts I, if any.
•
•
•
PHA WATERLOO HOUSING AUTHORITY
By C2# `®"
e.
�Ar
(Official Title)
Date
United States of America
Secretary of Housing and Urban Development
By
Des Moines Service Office
(Official Title)
rr
Date
A > 1