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HomeMy WebLinkAbout3680 WHEREAS, the City of Bremerton recognizes the findings of the legislature contained in RCW 35.82.010; WHEREAS, the City of Bremerton recognizes that there is a need for a "Housing Authority: to make available housing for the reason that: (a) Insanitary and unsafe inhabited dwelling accommodations exist in the City of Bremerton; (b) There is a shortage of safe and sanitary dwelling accommodations in the City of Bremerton available to persons of low and moderate income; (c) There is a shortage of safe and sanitary dwellings, apartments, mobile home parks or other living accommodations available for senior citizens within the City of Bremerton. WHEREAS, a coordinated effort between Kitsap County, the City of Bremerton, the City of Port Orchard, the City of Poulsbo and the City of Winslow through a joint housing authority would best serve the public interest in creating a more efficient county-wide authority and increasing funding. NOW, THEREFORE, BE IT ORDAINED by the Commissioners of the City of Bremerton that a joint housing authority be formed under the following provisions: Section 1. Title. A joint housing authority by and between Kitsap County, the City of Bremerton, the City of Port Orchard, the City of Poulsbo and the City of Winslow is hereby created under the title of the "Bremerton-Kitsap County Housing Authority." Section 2. Territorial Boundaries. The area of operation of the Bremerton-Kitsap County Housing Authority shall include the combined area that lies within the territorial boundaries of Kitsap County, and the terri- torial boundaries of the City of Bremerton, the City of Port Orchard, the City of Poulsbo and the City of Winslow. Section 3. Powers of the Bremerton-Kitsap County Housing Authority. TheBremerton-Kitsap County Housing Authority shall constitute a public body corporate and politic exercising public and essential governmental functions and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of RCW 35.82 as amended by RCW 35.82.300 (1980). -1- Section 4. Appointment and Tenure of Commissioners. The Bremerton-Kitsap County Housing Authority shall be governed by a board of nine (9) commissioners composed of the elected members of the Board of County Commissioners of Kitsap County, the Commissioners of the City of Bremerton, the Mayor of Port Orchard, the Mayor of Poulsbo and the Mayor of Winslow. (a) Appointment to the Board of Commissioners of the Bremerton- Kitsap County Housing Authority shall take effect upon election and confirmation of office as a county or municipal official. A certificate of appointment or re-appointment to the Board of Commissioners of the Bremerton-Kitsap County Housing Authority shall be filed with the Clerk of said Board and such certificate shall be conclusive evidence of the due and proper appointment of such commissioner. (b) Each commissioner shall hold office during his/her tenure as an elected official of the county or municipality respectively and he/she shall continue to hold office until his/her successor has been appointed. Section 5. Chairman/Quorum/Compensation. (a) Chairman. At its first scheduled meeting of the Board of Commissioners of the Bremerton-Kitsap County Housing Authority, the Board shall elect one of its members as the first chairman. (1) The first elected chairman shall serve in that capacity through the calendar year to December 31, 1982, or through his/her term as an elected official of the county or munici- pality respectively whichever occurs first. In each successive year, the Board of Commissioners of the Bremerton-Kitsap Housing Authority at its first scheduled meeting in January shall elect one (1) of its members as its chairman for the following calendar year. The chairman-elect shall serve in that capacity as chairman for a period of one (1) year or until the expiration of his/her term as an elected official of the county or municipality respectively whichever occurs first. -2- Section 6. Administration: Staff/Legal Services. (a) Staff. The Board of Commissioners of the Bremerton-Kitsap County Housing Authority may employ an executive-director, secretaries, technical experts and such other officers, agents and employees, permanent or temporary as it may require and shall determine their qualifications, duties and compensation. (b) Legal services: For such legal services as it may require, the Board of Commissioners of the Bremerton-Kitsap County Housing Authority may call upon the chief law officer of the county and/or cities heretofore enumerated or may employ its own counsel and legal staff. Section 7. Termination of Participation. A county or any municipality may terminate its participation in the Bremerton-Kitsap County Housing Authority by providing written notice of such intent ninety (90) days prior to the speci- fic termination date and provided that participation can only be terminated at the end of a calendar year. The termination of participation by the county and/or a municipality shall not effect the existence of the joint authority. Section 8. Assumption of Assets and Liabilities of Existing Authority. The Bremerton-Kitsap County Housing Authority, upon the effective date of this ordinance, assumes all assets and liabilities heretofore held by the Bremerton Housing Authority or Kitsap County Housing Authority. Section 9. Allocation of Costs. In the event of a requirement for funding for the Bremerton-Kitsap County Housing Authority, the costs shall be borne by the county and individual municipality in a ratio based on the use of the facilities provided by the Bremerton-Kitsap County Housing Authority per capita within the territorial boundaries of the county and individual muni- cipality to the total use per capita within the boundaries of the Bremerton- Kitsap County Housing Authority. Any additional funding required under this section must be authorized by the legislative body of county or municipality respectively. Funding for discontinued federal or state programs will not be required unless authorized by the legislative body of the county or municipality respectively. -3- (2) In the event the chairman's position becomes vacant prior to December 31 of any calendar year, the Board of Commissioners of the Bremerton-Kitsap County Housing Authority shall elect a new vice-chairman to serve the remaining portion of such term. (b) Vice-Chairman. At its first scheduled meeting of the Board of Commissioners of the Bremerton-Kitsap County Housing Authority, the Board shall elect one of its members as the first vice-chairman. (1) The first elected vice-chairman shall serve in that capacity through the calendar year to December 31, 1982, or through his/her term as an elected official of the county or munici- pality respectively whichever occurs first. In each successive year, the Board of Commissioners of the Bremerton-Kitsap County Housing Authority at its first scheduled meeting in January shall elect one of its members as its vice-chairman for the following calendar year. The vice-chairman-elect shall serve in that capacity as vice-chairman for a period of one (1) year or until the expiration of his/her term as an elected official of the county or municipality respectively whichever occurs'first. (2) In the event the vice-chairman's position becomes vacant prior to December 31 of any calendar year, the Board of Commissioners of the Bremerton-Kitsap County Housing Authority shall elect a new vice-chairman to serve the remaining portion of such term. (c) Quorum. Five (5) members of the Board of Commissioners of the Bremer- ton-Kitsap County Housing Authority shall constitute a quorum for the purposes of conducting its business and exercising its powers and for all other purposes. (d) Compensation. The Board of Commissioners of the Bremerton-Kitsap County Housing Authority shall receive no compensation for their services for the Bremerton-Kitsap County Housing Authority, in any capacity; but a member may be entitled to necessary expenses, including traveling expenses incurred in the discharge of his/her duties. -4- Section 10. Dissolution of Existing Authorits. (a) The Bremerton Housing Authority heretofore e×±st±~c~ prior to the enactment of this ordinance will co-exist with the new Joint Housing Authority until all assets, contracts, and liabilities are transferred from the Bremerton Housing Authority to the Joint Housing Authority. After this transfer has been accomplished, the Bremerton Housing Authority will be dissolved. In no event shall the Bremerton Housing Authority continue to exist past April 15, 1982. (b) The Board of Commissioners of the Bremerton Housing Authority holding office prior to the enactment of this ordiance will be dissolved simultaneously with the dissolution of the Bremerton Housing Authority. Section 11. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is held to be invalid or unconstitutional, the re- mainder of the ordinance shall not be affected. Section 12. Effective Date. This ordinance shall be in full force and effect March 1, 1982, if subscribed before that date by the county and each municipality respectively. Section 13. Termination. The participation by the City of Bremerton in the aforementioned Joint Housing Authority is for as long as the City feels said participation is in its best interests. In the event that the City elects not to participate in said joint authority at some later'date, all assets, whether they be monies, property, bgildings, equipment, fixtures or any other assets shall be returned to the City of Bremerton. Said assets shall include those acquired at any time before or after the adoption of this ordinance. If any assets are jointly owned, and the City of Bremerton is a partial owner, the City shall have the election of keeping the assets and buying out the remaining partial interests or receiving money payment in return for its interest. In either case, the value will be determined by an impartial appraiser who is acceptable to all parties who have an interest in each asset. -5- APPROVED by the City Council of the City of Bremerton on first reading this ~ day of ~'~v~ , 1982. day of ~~ 1982. PASSED this EUGENE L. NELSON, MAYOR ATTEST- KATHLEEN L. MANDIO, CITY CLERK -6-