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HomeMy WebLinkAbout1983-01-19 - Minutes - Archive• MINUTES OF REGULAR MEETING OF THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS The Housing Authority of the City of Fayetteville, Arkansas met in Regular Session at 8:30 o'clock a.m. Wednesday, January 19, 1983, in the office of the Authority, #1 North School Avenue, Fayetteville, Arkansas. Mr. Shreve, Chairman, called the meeting to order. Upon roll call, the following members were present: Commissioners Present: Shreve, Morgan, Seaton Comissioners Absent: Endress, Windham, Others Present: Bromo Wilson, Pat Donat, Kate Fati, Anne Money, Toady Edwards There being a quorum present, the following business was transacted: The minutes of the December 15, 1982 Regular Meeting were approved by motion, seconded and carried unanimously. The December Financial Statement was approved by motion, seconded and carried unanimously. Election of Officers was tabled until all the Commissioners could be present. RESOLUTION N0. 365 Resolution Authorizing Amendment No 6 to Consolidated Annual Contributions Contract No. FW 7031, approved by motion, seconded and carried unamimously. RESOLUTION NO. 366 Resolution Authoriizing Admendment No 7 to Consolidated Annual Contributions Contract of FW 7031 Kate Fatie and Anne Money representatives of the Head Start program were present to answer questions about the expansion• of the play area at Willow Heights. The Comissiners approved by motion for Mr. Wilson to submit plans to HUD for their approval. Mr. Seaton, would like to investigate more about individual fencing at Site C. he ask Mr. Wilson to send in plans to fence only the North and West side of 12th Place to HUD for their approval. It was %discuss and decided that the Housing Authority would buy trash cans for Site C and charge the tenants account actual cost, to be payed out in a reasonable time. Mr. Wilson reported that the maintenance men had been assign to each site in the afternoons in a concentrated effort on general clean-up. • • • (2) There being no further business, the meeting was adjourned. ATTEST: THE HOU ING AUTHOTY OF THE CITY OF FAYET V A E, ARKANSAS RMAN .Local Authority as follows: RESOLUTION NO. 365 RESOLUTION AUTHORIZING AMENDMENT NO. 6, TO CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT NO. FW 7031 AND ISSUANCE OF PERMANENT NOTE FOR PROJECT NO. AR -97-902 • WHEREAS, the HOUSING AUTHROITY OF THE CITY OF FAYETPEVIIzE, ARKANSAS (herein called the "Local Authority") has undertaken the' development and administration of low -rent housing project(s) designated as Project No.(s) AR -97-902 with financial assistance from the U nited States of America, Department of Housing and Urban Development, pursuant to Consolidated Annual Contributions Contract No. FW 7031 • and W HEREAS, the parties for and in consideration of mutual benefits to e ach other desire to amend the above-described contract and the Authority wishes to authorize the issuance of a Permanent Note; NOW,TIiEREFORE, BE IT RESOLVED by the Board of Commissipners of the • S ection 1. Amendment No. 6 to Consolidated Annual Contri- butions Contract No. FW 7031 is hereby approved and accepted both as to form and substance and the Chairman of the Local (Title of Officer) Authority is hereby authorized and directed to execute such Amendment on behalf of the Local Authority and the Secretary to (Title of Officer) impress and attest the official seal of said Local Authority on all e xecuted counterparts of said Amendment. S ection 2. (A) 'In order to provide monies to finance the Development Cost of each Project, there is hereby authorized to be issued a Permanent Note of the Local Authority. in principal amount equal to the Actual Development Cost of Project No. AR -97-902 • (B) The Note shall bear interest and be payable in the form and manner prescribed by the Contract and this Resolution; shall be. signed in the name • of the Local Authority by the Chairman shall have the official seal of the Local Authority impressed thereon and attested by the Serretary' The Permanent Note shall be in substantially the form of Form No. HUD -52250, which form is incorporated herein by reference and made a part hereof. (C) Each Note issued with respect to any Project shall be a direct and general obligation of the Local Authority; the full faith and credit of which is hereby pledged for the punctual payment of the principal of and interest on such Notes, and, shall be additionally secured SWAGE 2 RESOLUTION. AUTHORIZING AMENDMENT NO. 6 (continued) by (1)•a first pledge of the annual contributions payable to the Local Authority and authorized to .be pledged to such payment pursuant to the Contract and (2) by a pledge.of and lien on the Residual Receipts of such. P roject after providing for the payment.of Bonds issued in respect to such P roject. (D) As additional security for the equal and ratable payment of the principal of and interest on each Note issued with respect t o any Project, together with each other Note issued with respect to such P roject, the Local Authority, to the fullest extent permitted by the Laws o f the State, hereby pledges, mortgages, conveys and grants unto the . Government all property described in ,the Contract constituting such Project, including that certain real property relating to each such Project and more particularly described in the trust instrument or any amendment thereto as e xecuted and recorded by the Local Authoritypursuant to the Contracts Provided, • • That in respect to Permanently Financed Projects the lien of such pledge and mortgage and rights granted and conveyed pursuant to this paragraph shall (1) be junior to the Bonds and junior to the pledge oS Residual Receipts securing the Bonds, and' (2) not be foreclosable until all Bonds shall have bean paid and discharged in the manner provided in the Bond Resolutions. If the preceding sentence shall be judged by a court of competent jurisdiction to be invalid or ineffective it is the intention of the Local Authority to be fully obligated under the 41Opther provisions of this Resolution and that such judgement shall not impair or invalidate the obligation of the Local Authority to pay the principal of and interest on each Note from other funds df the Local Authority as herein provided. a • • • • U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT LOW-INCOME PUBLIC HOUSING MODERNIZATION PROJECT AMENDMENT TO AMENDMENT E1T N0. 6 CONSOLIDATED ANNUAL. CONTRIBUTIONS CONTRACT 1. Modernization Project Number AR -97-902 2. Individual Project Number(s) AR -97-1 3. Amendment to Annual Contributions Contract Number FW 7031 dated 7/14/72 • (the "Contract"). TERMS 4. The Contract is amended to assist in financing modernization of the Individual Projects/Ma amendment is a part of the Contract. • 5. The following provisions shall be applicable to the Modernization Project: a. Number and Date of Modernization List VI -37-82-039 9/27/82 b. Maximum Modernization Cost $85,000.00 c. Contract Authority $8,658.00 d. Minimum Khan Interest Rate 8$ e. Maximum Debt Service Contribution Percentage .10 1852% 6. The modernization work shall be carried out in accordance with all HUD regulations and other requirements applicable to the public housing modernization program. The PHA agrees to comply with these regulations and requirements. 7. The modernization work to be carried out is described in a Modernization Program, a statement of the basic elements of the Mod. emization Project. The Modernization Program has been adopted by the PHA and approved by HUD, and may be revised from time to time by agreement between HUD and the PHA. The PHA agrees to carry out the modernization work in accordance with the Modernization Program. 8. a. The Modernization Program includes a budget stating the maximum amounts approved by HUD for the modernization work. The PHA shall not incur Modernization Cost over the amount approved in the budget for the Modernization Project. The NIA shall not incur Modernization Cost over the amounts approved in the budget for each Individual Project or for any work item, except in accordance with a HUD -approved budget revision. • b. Modernization Cost means Development Cost for the modernization work. c. The Maximum Modernization Cost for the Modernization Project is stated in Section 5 to this amendment. The PHA shall cum. plete the modernization work at the lowest possible cost in accordance with the approved Modernization Program, and In no event in excess of the Maximum Modemization Cost for the Modernization Project. 9. a. Subject to the provisions of Part II of this Contract, and to assist in the modernization, HUD agrees to lend to the PHA up to the amount of the Maximum Loan Commitment. The Maximum Loan Commitment shall be equal to the Maximum Modem. ization Cost for the Modernization Project, as stated in Section 5, or the approved Actual Modernization Cost of the Mod. ernization Project, if the Actual Modernization Cost Certificate has been approved, less the amount by which advances against the HUD loan provided for in this Contract for -the Modernization Project, and Project Notes issued for the Modernization Pro• ject, have been retired with funds other than loans provided under this Contract. The Maximum Loan Commitment under this Contract for a Modernization Project shall in no event be less than the aggregate amount of the outstanding advances against the HUD loan provided for in this Contract, and advances HUD has agreed to make against such HUD loan to secure Protect Notes issued for the Modernization Project. b. Each advance on account of the HUD loan for the Modernization Project shall bear interest on the unrepaid principal amount from the date the advance is made to the date of repayment at the rate or rates which HUD determines on the date such ad• vance is made and redeternines on each anniversary of such date to be equal to the annual rate on Treasury borrowings by HUD pursuant to Section 4 (b) of the Act. However, the interest rate for each advance, shall not be less than the "Minimum Loan interest Rate" determined by HUD pursuant to Section 4 (a) of the Act and'specified in Section 5 to this amcn,lmu nl 10. After issuance of the Actual Modernization Cost Certificate (in accordance with Section 408 of Part hJ of the Contract), Section 5 to this amendment shall be amended as follows:' a. To state the Actual Modernization Cost in lieu of the Maximum Modernization Cost•. b: To reduce the amount of contract authority for the Modernization Project to an amount equal to the product of the Maximum Debt Service Contribution Percentage times the Actual Modernization Cost. • HUO.53009 12.91) 11. a. HUD shall make Debt Service Annual Contributions to the PHA for the Modernization Project. • b. The first Debt Service Annual Contribution shall accrue and be payable on the first Annual Contributions Date after the ef- fective date of this amendment, and shall be disbursed to the PHA no later than the second Annual Contributions Date after the effective date. The first Debt Service Annual Contribution shall be an amount equal to the Maximum Debt Service Contra. bution Percentage times the Maximum Modernization Cost. c. The second and subsequent Debt Service Annual Contributions shall be payable on each Annual Contributions Date after the date on which the first Debt Service Annual Contribution is payable for the Modernization Project. HUD shall pay no more than twenty Debt Service Annual Contributions for the Modernization Project. The second and subsequent Debt Service Annual Contributions shall be in the amounts determined in accordance with Section 415 of Part II of the Contract. d. The Maximum Contribution Period for the Modernization Project shall begin on the date the first Debt Service Annual Contra. bution is payable under paragraph b of this Section, and shall continue for twenty years. 12. Upon payment in full of all indebtedness of the PHA in connection with the Modernization Project for which Debt Service Annual Contributions are pledged and of any other indebtedness of the PHA to HUD in connection with such Modernization Project, all obligations of HUD and the PHA shall terminate except as provided in Section 406(C) of Part 1I of the Contract with respect to operating reserves: Provided, however, that the provisions of Section 308(B) or (C) of Part I1 of the Contract shall remain in effect no long as HUD determines that there is an outstanding indebtedness of the PIiA to HUD which arose In con• nection with any Individual Project or Projects under the Contract and is not eligible for payment from annual contributions; and provided further that for a period of ten years following the last payment of operating subsidy to the PHA, any disposition or demolition of any Individual Project buildings or realty shall be accomplished in accordance with HUD regulations and require- ments and the PHA shall continue to operate the Individual Project(s) as low-income housing under the Contract in accordance . with HUD regulations and requirements. 13. The PHA shall continue to operate earl Individual Project as low-income housing in compliance with thls Contract, the Act and all HUD regulations and other requirements for so long as HUD and the PHA have any further obligations under thls amendment or the Contract with respect to the Modernization Project or the Individual Project(s). 14. Section 404 of Part II of the Contract shall not be applicable to the Modernization Project. 15. If the PHA does not comply with any of its obligations under this amendment, HUD may direct the PHA to terminate work on all' or any part of the work described in the Modernization Program. The PHA shall not incur any additional cost for the terminated work without HUD approval. The parties have caused this amendment to be effective as of the date of execution on behalf of the United States, as stated below. (Seal) Attest • • • • HOUSING AUTHORITY OF THE CITY OF FAYE T VILLE, AR (Public Housing Agency) . BY (Chapman) Date UNITED STATES OF AMERICA Secretary of Housing and Urban Development BY (Official Title) Date HU0-63008 (2.81) 0 • • • RESOLUTION NO. 366 RESOLUTION AUTHORIZING ADMENDMENT NO. 7 TO CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT NO. FW 7031 NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Fayetteville Housing Authority as follows: That Amendment no. 7 (attached) to consolidated Annual Contributions contract no. FW 7031 is hereby approved and accepted both as to form and substance and the Chairman of the Fayetteville Housing Authority is hereby authorized and directed to execute such Admendment on behalf of the Local Authority and the Secretary to impress and attest the offical seal of said Local Authority on all executed counterparts of said Admendment. PASSED THIS 19th DAY OF January, 1983 ATTEST: CHAIRMAN SECRETARY 1 • • • •;. ;'i'• CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT NO. FW 7031 THIS AMENDMENT, made and entered into this day of , 1983, by and between the UNITED STATES OF AMERICA (herein called the "Government"), pursuant to the United States Housing Act of 1937 (42 U.S.C. 1401 et seq.), which Act as amended to the date of this Contract is herein called the "Act" and the Housing and Urban .Development Act (5 U.S.C. 624), and the HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS (herein called the "Local Authority"), WITNESSETH:' WHEREAS, the Government and the Local Authority executed a Contract on July 14, 1972, known as the Consolidated Annual Contributions Contract (herein called the "Contract") and; WHEREAS, the parties desire to amend said Contract in the particulars herein after set forth; NOW THEREFORE, the parties, in consideration of the mutual benefits to each other, do agree that the said Contract be and the same is hereby amended as follows: 1. Section 306 of Part II of the Contract is changed to read as follows: (A) In the purchasing of equipment, materials, and supplies, and in the award of contracts for services or for repairs maintenance, and replacements, the Local Authority shall comply with all applicable State and local laws, and in any event shall make such purchases and award such contracts only to the lowest responsible bidder after advertising a sufficient time previously for proposals, except: • (1) When the amount involved in any one case does not exceed $10,000 or (2). When the public exigencies 'taillike the immediate delivery of the articles of peitoitance.of the service; or . (3) When onlyone source of supply is available and the purchasing or contracting officer of the Local Authority shall so certify, or (4) The contract is for (a) professional, technical or other kinds of services, or (b) to be performed under Local Authority supervision and paid for on a time basis, or (5) The purchase is made under a consolidated supply contract entered into between HUD'and the contractor pursuant to HUD regulations. (B) The Local Housing Authority shall not; without the prior written. approval of HUD. enter intof -execute pr approve dr • • Int 2 any agreement or contract for professional, technical or other kinds of services (including ADP software and related services) under the following circumstances: (1) The procurement is expected to exceed $10,000 and is to be awarded without competition or only one bid or offer is received in response to Solicitation or Request for Proposal; or (2) The amount of the procurement is in excess of the amount included for such purpose in the HUD -approved Development Cost Budget or Operating Budget; or (3) Where approval is specifically required by Federal law or Executive. Order; or (4) Where the agreement or contract is for legal or other services in connection with litigation. Except as herein amended, all other provisions of the Consolidated Annual Contributions Contract dated July 14, 1972., as heretofore amended, shall remain in force and effect. IN WITNESS WHEREOF, the Local Authority and the Government have caused this amendment to be executed and the Local Authority -has caused its seal to be hereunto affixed and attested all as of the date of this amendment first above written. (SEAL) Attest: Secretary HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS By Chairman • UNITED STATES OF AMERICA Secretary of Housing and Urban Development By John T. Suskie Area Manager Date • •