AHA-1984-004RESOLUTION NO. AHA$4 -4
A RESOLUTION OF THE ANAHEIM HOUSING AUTHORITY
AUTHORIZING EXECUTION OF SECTION 8 HOUSING
ASSISTANCE PAYMENTS PROGRAM ANNUAL CONTRIBU-
TIONS CONTRACT PART I FOR MODERATE REHABILITA-
TION PROGRAM INCLUDING PROJECT NUMBERS
CA16 -K104 -004 PROVIDING FOR THE INCORPORATION
OF SAID PART I INTO MASTER SECTION 8 ANNUAL
CONTRIBUTIONS CONTRACT NO. SF -498, AND PROVID-
ING FOR THE DEPOSIT OF MONIES PURSUANT TO A
GENERAL DEPOSITARY AGREEMENT.
WHEREAS, the Anaheim Housing Authority (herein called the
"Public Housing Agency ") has previously entered into a Master
Section 8 Housing Assistance Payments Program Annual Contributions
Contract (herein called the "Contract ") with the United States of
America (herein called the "Government "), and now proposes to (1)
enter into an Annual Contributions Contract Part I for Moderate
Rehabilitation Program including Project Nos. CA16 -K104 -004; (2)
provide for the incorporation of said Part I into the Master
Section 8 Annual Contributions Contract identified herein below;
and (3) provide for the deposit of monies pursuant to a General
Depositary Agreement with a financial institution which is a mem-
ber of the Federal Deposit Insurance Corporation (herein called
the "Bank ").
NOW, THEREFORE, BE IT RESOLVED BY THE PUBLIC HOUSING
AGENCY AS FOLLOWS:
Section 1 . The proposed Contract, designated "Section 8
Housing Assistance Payments Program Annual Contributions Contract
Part I for Moderate Rehabilitation Program including Project Nos.
CA16 -K104- 004," 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 Annual Contributions Contract Part I for
Moderate Rehabilitation Program as approved and accepted in
Section 1 hereinabove, is hereby incorporated into Master Section
-� 8 Annual Contributions Contract No. SF -498.
Section 3 . The Union Bank and the Public Housing Agency
have previously entered into a General Depositary Agreement, Form
HUD- 51999A dated November 2, 1982, which provides for the deposit
of specific 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 and /or Project established under the Contract hereinabove
approved.
Section 4 . The Chairman or Secretary of the Public Housing
Agency is hereby authorized and directed to file with the
Government from time to time as payments are required, requisi-
tions together with the necessary supporting documents requesting
periodic payments to be made on account of the Annual
Contributions Contract, and the proper officers of the Public
Housing Agency shall prepare, execute and deliver to the
Government said requisitions in a form prescribed by 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 done or performed in order to obtain such
payments, which shall be deposited and disbursed only in accord-
ance with the provisions of the Annual Contributions Contract.
Section 5 . This Resolution shall take effect immediately.
THE FOREGOING RESOLUTION is approved and adopted by the
Anaheim Housing Authority this 3rd day of July, 1984.
CHAIRMAN
ANAHEIM HOUSING AUTHORITY
ATTEST:
oc4 &-k —
SECRETARY
ANAHEIM HOUSING AUTHORITY
MES : fm
2656M
6/13/84
-2-
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ANAHEIM )
I, LEONORA N. SOHL, Secretary of the Anaheim Housing Authority, do hereby
certify that the foregoing Resolution No. AHA84 -4 was passed and adopted at a
regular meeting of the Anaheim Housing Authority held on the 3rd day of
July, 1984 by the following vote of the members thereof:
AYES: AUTHORITY MEMBERS: Kaywood, Bay, Pickler and Roth
NOES: AUTHORITY MEMBERS: None
ABSTAINED: AUTHORITY MEMBERS: Overholt
ABSENT: AUTHORITY MEMBERS: None
AND I FURTHER CERTIFY that the Chairman of the Anaheim Housing Authority
signed said Resolution on the 3rd day of July, 1984.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 3rd day of
July, 1984.
SECRETARY OF THE ANAHEIM HOUSING AUTHORITY
(SEAL)
i
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
SECTION 8 HOUSING ASSISTANCE PA)M ENTS PROGRAM
Moderate Rehabilitation
PART I OF THE
t ANNUAL CONTRIBUTIONS CONTRACT
Master Section 8 ACC Number SF -498
ACC Part I Number SF- 498(x
f 1.1 The Program
(a) Projects within Program The Moderate Rehabilitation Program under this
ACC Part I includes all Projects listed in- Exhibit I. The PHA, to the
maximum extent feasible, shall enter into Agreements and Contracts in
-• ,_j accordance with the numbers and sizes of units in each project specified
in Exhibit I. No substantial deviation as defined by HUD from the bedroom
distribution or number of units in each project is allowed without prior
? HUD approval. The PHA shall not enter into any Agreements or Contracts or
take any other action which will result in a claim for an Annual
Contribution in respect to any Project in excess of the maximum amount
authorized for that Project.
(b) 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 each Project in the Moderate Rehabilitation
' Program.
1.2 Authorization of Actions by PHA In order to carry out the Project, the PHA is
authorized to (a) enter into Agreements, (b) enter into Contracts, (c) make
housing assistance payments on behalf of Families and (d) take all other
necessary actions, all in accordance with the application, forms, conditions
and requirements prescribed or approved by HUD. However, neither the PHA nor
HUD shall assume any obligations beyond those provided in the prescribed forms
of Agreement and Contract.
1.3 Term of Contract and ACC
(a) Term of Contract The total Contract term for any unit, including new
Contracts for replacement units in accordance with Section 1.9, is 15
years or the remaining term of the ACC, whichever is less. If the
rehabilitation being done under any Contract is to be completed in stages,
the total Contract term for all the stages, beginning with -the effective
date of the Contract with respect to the first stage, shall not exceed 17
years from the effective date of the ACC for the applicable Project.
r (b) Term of ACC The ACC shall remain in effect for 17 years from the
+ effective date of the most recent project listed in Exhibit I. Annual
Contributions may be made for each project for a maximum of 17 years from
that project's effective date, but not more than 15 years for any unit.
Accordingly, the Contract(s) for all units in any project, other than
replacement units, must be executed within two years of the effective date
of that Project under the ACC to qualify for the 15 year term.
t
Ptevious Editions Obsolete Page 1 of 5 HUD- 52520B ( SUPP) (10/ 79 )
1.4 Annual Contributions
(a) Notwithstanding any other provisions of this ACC (other than paragraph (c)
of this Section) or any provisions of any other contract between HUD and
the PHA, HUD shall not be obligated to make any Annual Cuutributiuu5 ur
any other payment with respect to any Fiscal Year in excess of the Maximum
Annual Contribution Contract Commitment for each project specified in
Exhibit I. However, this amount shall be reduced commensurately with any
reduction in the number of Contract Units or changes in unit sizes or
pursuant to any other provision of this ACC or the Contracts.
(b) Subject to the maximum dollar limitation in paragraph (a) of this Section,
HUD shall pay for each Fiscal Year an Annual Contribution to the PHA in
respect to each Project in an amount equal to the sum of the following
(subject to reduction by the amount of any Project Receipts other than
Annual Contributions (such as' interest income) which Receipts shall be
available for Project Expenditures):
(1) The amount of housing assistance payments payable during each Fiscal
Year (see Section 1.5) by the PHA pursuant to the Contracts, as
authorized in Section 1.2.
(2) The allowance, in the amount approved by HUD, for preliminary costs
of administration.
(3) The allowance, in the amount approved by HUD, for the regular costs
of administration including costs of HUD required audits of Owners
and the PHA.
(c) To assure that housing assistance payments will be increased on a timely
basis to cover increases in Contract Rents or decreases in Gross Family
Contributions:
(1) A Project Account shall be established and maintained for each
Project under this ACC, in an amount as determined by HUD consistent
with its responsibilities under Section 8(c)(6) of the Act, out of
amounts by which the Maximum ACC Commitment per year exceeds amounts
paid under the ACC for each Project for any year. This account shall
be established and maintained by HUD as a specifically identified and
segregated account. To the extent funds are available in this
account, the maximum Annual Contribution otherwise payable for any
Fiscal Year may be increased by an amount, if any, as may be required
for increases reflected in the estimate of required Annual
Contribution applicable to the Fiscal Year as approved by HUD in
accordance with Section 2.11. Any amount remaining in the account
after payment of the last Annual Contribution with respect to the
Project shall be applied by HUD in accordance with law.
(2) Whenever the HUD approved estimate of the required Annual
Contribution for any Project exceeds the Maximum ACC Commitment then
in effect, causing the amount in the Project Account to be less than
an amount equal to 40 percent of the Maximum ACC Commitment for the
Page 2 of 5
Project, HUD shall, within a reasonable period of time, take the
additional steps authorized by Section 8(c)(6) of the Act as may be
necessary to carry out this assurance, including (as provided in that
} section of the Act) the reservation of annual contributions
1 authority for the purpose of amending housing assistance contracts or
the allocation of a portion of new authorizations for the purpose of
amending housing assistance contracts."
(d) HUD will make periodic payments on account of each Project upon
'
requisition by the PHA in the form prescribed by HUD. Each requisition
'
shall include certifications by the PHA that housing assistance payments
have been or will be made only:
ti (1)
In accordance with the provisions of the Contract as the provisions
-.•
apply to (i) units under lease by Families and (ii) units not under
lease by Families, and
(2) With respect to units which the PHA has inspected or caused to be
inspected and determined to be in decent, safe and sanitary
condition, pursuant to Section 2.4 of this ACC, within one year prior
to the making of housing assistance payments.
(e) Following the end of each Fiscal Year, any amount by which the total
payments made during that Fiscal Year exceed the Annual Contribution
payable in accordance with this section will be subtracted from the next
'
payment made by HUD to the PHA, unless other disposition is approved or
"1
required by HUD.
1.5 Fiscal Year The Fiscal Year for the Program shall be the Fiscal Year
'
established by Section 0.3 of this ACC. However, the first Fiscal Year for any
Project shall be the period beginning with the effective date of the Project
identified in Exhibit I to this ACC and ending on the last day of the
established Fiscal Year which is not less than 12 months nor more than 23
months after the effective date. If the first Fiscal Year exceeds 12 months,
. 1
the Maximum ACC Commitment shall be adjusted by the addition of the pro rata
j
amount applicable to the period of operation in excess of 12 months.
1.6 Periodic Adjustment of Contract Rents The Contract will provide for periodic
adjustments in the Contract Rents chargeable by the Owner and commensurate
increases in amounts of housing assistance payments, in accordance with
-
applicable HUD regulations, up to the maximum amount authorized for housing
assistance payments in the HUD approved estimate submitted pursuant to Section
2.11. -
1.7 Equal Opportunity Housing Plan, Administrative Plan and Application The PHA
shall comply with all provisions of its Equal Opportunity Housing Plan,
Administrative Plan and Application, each as approved by HUD.
• p
1.8 Expeditious Carrying Out of Project The PHA shall proceed expeditiously to
implement the Program consistent with the rehabilitation and leasing schedule.
If the PHA fails to proceed expeditiously, HUD, after giving the PHA and
Owners, where appropriate, reasonable opportunity to take corrective action,
'1
may terminate or reduce its obligation under this ACC Part I with respect to
the Project.
Page 3 of 5
1.9 Assistance to Eligible Families When Contracts are Terminated When the
Contract for any unit(s) is terminated for any reason, leaving Contract
Authority available under this ACC, the assisted family(ies) if eligible for
continued assistance, or other eligible family(ies) if the unit(s) is vacant,
may continue to receive housing assistance for the remainder of the 15 year
term in accordance with HUD regulations through the conversion of the Moderate
Rehabilitation unit(s) allocation to Existing Housing. The PHA shall issue the
Family a Certificate of Family Participation, assist it in finding a suitable
rental unit, and comply with all applicable HUD regulations and rules.
1.10 Responsibility for Administration of Contract The PHA is primarily
responsible for administration of the Contracts, subject to review and audit by
HUD.
'.ATTEST.
SECRETARY
Approved
-City Attorney
PHA: ANAHEIM HOUSING AUTHORITY
By _ A
Chairman
(Official Title
Date
United States of America
Secretary of Housing and Urban Development
By
Deputy Director, Multifamily
Development
Los Angeles Office
Date
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