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Ordinance 18-005 Joint Housing Authority CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO, 18-005 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, 'WASHINGTON, CONFIRMING THE FORMATION OF THE SPOKANE HOUSING AUTHORITY AS A JOiNT HOUSING AUTHORITY;PROVIDING FOR MATTERS REQUIRED PURSUANT TO RCW 35.82.300; REPEALING CERTAIN RESOLUITIONS; AND OTHER MATTERS RELATING THERETO. WHEREAS, the Washington Legislature, by enactment of Chapter 23, Section 4, of the Laws of 1539, as amended (currently codified as RCW 35.82.030), created in each city and in each county of the State a public body corporate and politic a housing authority of such city or county, as applicable. Such statute further provides that no such authority shall transact any business or exercise its powers under chapter 35.82 RCW until or unless the governing body of the city or the county,as the case may be,declares by resolution that there is need for an authority to function in such city or county. Pursuant to a resolution adopted by its City Council on December 13, 1971, the City of Spokane (Spokane) declared a need for a housing authority to function within Spokane,and named such housing authority as the"I lousing Authority of the City of Spokane;"and WH1:RFAS,there are unsanitary and unsafe inhabited dwellings located in the incorporated cities and towns within Spokane County (County), and in the unincorporated area of the County, as well as a shortage of safe and sanitary dwelling accommodations available at rents affordable to persons of low to moderate income and to senior citizens.These conditions constitute a threat to the health,safely and welfare of the residents of the County. It appears likely that substandard housing conditions cannot entirely be relieved by the private sector; and WHEREAS, RCW 35_82,300 authorizes cities and counties to form joint housing authorities. To do so,the legislative authorities of one or more counties and the legislative authorities of any city or cities within any of those counties or in another county or counties must authorize the,joint housing authority by ordinance, which ordinance is required to prescriber (1) the number of commissioners of the joint housing authority, (2) the method for their appointment, (3) the length of their terms, (4) the method for their removal; (5) the election of officers of the joint housing authority;(6)the allocation of all costs of the joint housing authority; and (7)any other matters necessary for the operation of the joint housing authority; and WI IF REAS RCW 35.82„300(4)provides that a "joint housing authority shall have all the powers as prescribed by [chapter 35.82 RCW] for any housing authority"and that"[tihe area of operation of joint housing authority shall be the combined areas, defined by RCW 35.82„0206), of the housing authorities created in each city and county authorizing the joint housing authority;"and WI IERIAS,pursuant to Resolution No. 01-83,adopted by the Spokane City Council on September 24.,2001,and Resolution No. 1-0752, adopted by the Board of County Commissioners nn August 14,2001, Spokane and the County authorized the formation of the "Spokane Housing Authority" (Authority) as a joint housing authority within the boundaries of Spokane and the unincorporated portions of the County, Pursuant to Resolution No. 03-047, adopted by the Spokane Valley City Council on September 23, 2003, the City of Spokane Valley (City) authorized the formation of the Authority as a joint housing, authority within the boundaries of the City. The Board of County Commissioners and the Spokane City Council have further adopted resolutions delegating to the Spokane Valley Mayor the authority to appoint two of the Authority's commissioners, and increasing the number of Authority commissioners from five to six; and WHEREAS,the Spokane City Council,City of Spokane Val ley City Council,and Board of County Commissioners have determined there remains a continuing need for a housing authority within the Ordinance 18-005 SHA Page 1 of 5 Spokane region. There exists a need to update lite ordinances and resolutions authorizing the formation of the Authority to provide for the efficient governance of the Authority and to allow expansion of the Authority to areas not currently served by the Authority; and WI IEREAS, the City Council hereby declares there remains a continuing need for a housing authority to function in the City, and hereby reaffirms each and every previous declaration of such need by the City Council. The City Council hereby determines it is necessary and desirable to adopt an updated ordinance to provide for [he efficient governance of the Authority and to allow expansion to areas outside of the City, Spokane,and unincorporated areas of the County. NOW THER.FEFORI , the City Council of the City of Spokane Valley, Spokane County, Washington, ordains as follows] Section 1.Finding ofNecessil . Upon review of the information before it and in consideration of material provided to it,the City Council of the City makes the following determinations: A. The City Council hereby adopts the recitals set forth in this Ordinance; B. Access to safe; secure, and affordable housing is important to the residents of the City,Spokane, and [he County, collectively "the Community;" C. Access to this type of housing is increasingly difficult to many residents of the Community;and D. The Spokane Housing Authority (the "Authority"), with support from the Community, has successfully undertaken many initiatives to provide more housing opportunities, but there is still an unmet need that can best he addressed by the collective approach of the Community. Section 2. Authorization of Authority. A joint housing authority(within the meaning of RCPT 35.82300), to be known as `Spokane Housing Authority," is authorized by the City Council to be formed within the boundaries of the City. Section 3.Commissioners.The powers of the Authority arc hereby vested i n the Authority's commissioners in office from time to time. The commissioners in office from time to time shall he referred to as the Authority's "Board of Commissioners" (the Board). A. Number. The number of commissioners of the Authority shall be seven. Upon formation, one of the Authority's commissioners shall he designated as the "Assisted Commissioner", two of the Authority's commissioners shall be designated as the `Spokane Commissioners", two of the Authority's commissioners shall be designated as the "Spokane Valley Commissioners," and two of the Authority's commissioners shall he designated as the"County Commissioners." B. Method for Appoinlmerrt. The Authority's commissioners shall be appointed and re-appointed in the following manner: I. Assisted Commissioner. The Assisted Commissioner shall be an individual who is directly assisted by the Authority (e.g. a resident of a housing projeet owned by the Authority, a recipient of Section 8 Housing Choice Voucher administered by the Authority) at the time such individual is appointed as the Assisted Commissioner. The Assisted Commissioner shall be appointed by the Authority's Board. Such appointment shall he evidenced by a resolution of the Board,which resolution shall be retained by the Authority's Executive Director(as defined herein). Such resolution shall be conclusive evidence of the due and proper appointment of the Assisted Commissioner, 2. Spokane Comm.issio.ners, Each Spokane Commissioner shall be an individual who, at the time such individual is appointed or re-appointed as a Spokane Commissioner, is a resident of Spokane. Each Spokane Commissioner shall be appointed by the Mayor of Spokane and confirmed by the Spokane City Council. Such appointment shall be evidenced in writing by the Mayor and Ordinance .18-005 SHA Page 2 of 5 the Spokane City Council (or by the Spokane City Clerk reflecting action by the Spokane City Council), and transmitted to the Authority's executive Director, Such writing(s) shall he conclusive evidence of the due and proper appointment of the Spokane Com m issioner to which the writing pertains_ 3. Spokane Vallmy Commissioners, Each Spokane Valley Commissioner shall be an individual who, at the time such individual is appointed or re-appointed as a Spokane Valley Commissioner, is a resident of Spokane Valley. Each Spokane Valley Commissioner shall be appointed by the Mayor of Spokane Valley and confirmed by the Spokane Valley City Council_ Such appointment shall be evidenced in writing by the Mayor and the Spokane Valley City Council (or by the Spokane Valley City Clerk reflecting action by the Spokane Valley City Council) and transmitted to the Authority's Executive Director_ Such writing(s) shall be conclusive evidence of the due and proper appointment of the Spokane Valley Commissioner to which the writing pertains. 4. County Commissioner, Each Spokane County Commissioner shall he an individual who, at the time such individual is appoin[ed or re-appointed as the County Commissioner, is a resident of Spokane County (regardless of whether such individual resides in an incorporated city or town or in the unincorporated area of the County; however, they may not reside inside the City of Spokane or the City of Spokane Valley city limits). The County Commissioners shall he appointed by the Board of County Commissioners, Such appointment shall be evidenced in writing by the Board of County Commissioners (or by the Clerk of the Board of County Commissioners reflecting action by the Board of County Commissioners) and transmitted do the Authority's Executive Director, Such writing shall be conclusive evidence of the due and proper appointment of the County Commissioner. C. Length of Terms_ Each commissioner shall be appointed (or re-appointed) for a term of office of five years from the date such commissioner is appointed(or re-appointed, if applicable). At the end of a commissioner's term of' office, the commissioner shall hold office until his or her successor has been appointed, unless sooner removed according to this Ordinance. Notwithstanding the foregoing, a person appointed as the Assisted Commissioner may serve in that position only as long as he or she is directly assisted by the Authority_ D. Method of'Removal_ 1. The Assisted Commissioner may be removed for neglect of duty, or misconduct in office. Any such removal shall be evidenced in a resolution of the Board. The Assisted Commissioner shall be removed only after he or she shall have been given a copy of the charges by [ho Board Chair. Removal of the Assisted Commissioner requires a majority vote of the Board. 2. The Mayor of Spokane,with confirmation by the Spokane City Council, may remove a Spokane Commissioner for neglect of duty or misconduct in office. A Spokane Commissioner shall be removed only after he or she shall have been given a copy of the charges by (or on behalf of) the Mayor of Spokane_ The Mayor of Spokane Valley,with confirm l ion by the City of Spokane Valley Council may remove a Spokane Valley Commissioner for neglect of duty, or misconduct in office. A Spokane Valley Commissioner shall be removed only after he or she shall have been given a copy of the'charges by(or on behalf of) [he Mayor of Spokane Valley. 4. The Hoard of County Commissioners may remove the County Commissioner for neglect of duty or misconduct in office. The County Commissioner shall be rcmovcd only after he Dr she shall have been given a copy of the charges by(or on behalf oi) the chairperson. Ordinance 18-005 SHA Page 3 of 5 B. Vacancies. A mid-term vacancy resulting from the death, resignation or removal of a commissioner shall be tilled by the appointment of a replaccinenl. commissioner_ The replacement commissioner shall be appointed in the manner act forth in Section 3(B). The replacement commissioner shall serve for the remaining stated terra of the replaced commissioner;however, if the remaining term of the replaced commissioner is less than one year at the time the replacement commissioner is appointed,the replacement commissioner shall serve for a full five-year term (measured pursuauf to Section 3(C) of this ordinance). F. Quorum. Four commissioners shall constitute a quorum of the Board for the purpose of conducting its business and exercising its powers and for all other purposes Action may be taken by the Board upon a vole of a majority of the commissioners present at the time such action is taken,unless in any case the bylaws of the Authority shall require a larger number. G, Officers of the Board. The Board shall select from among its commissioners a Chair and a Vice Chair of the Authority, each of whom shall serve in such capacity until the Board appoints a successor. H. Compensation. A commissioner shall receive no compensation for his or her services for the Authority, in any capacity, but he or she shall he entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his or her duties as a commissioner. I. Existing Commissioners_ The commissioners in office on the effective dale of this Ordinance shall continue to serve the respective terms, subject to removal pursuant to Section 3(D) of this Ordinance. Section 4. Bylaws_.The Board may adopt, and from time to time, may amend or restate, bylaws and other miles of operation for the Authority. Bylaws of the Authority shall include provisions for annual, regular and special meetings of the Board. The Bylaws shall be consistent with this Ordinance and chapter 35.8 . RCtiW, Section. 5, Officers, Agents and Employees.The Authority may employ an Executive Director of the Authority. If an Executive Director is employed, that individual also shall be Secretary of the Authority. The Authority also may employ technical experts and such other officers,agents and employees,permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation. For such legal services as it may require, the Authority may employ its own counsel and legal staff The Authority, acting through the Board, may delegate to one or more of its agents or employees such powers or duties as it may deem proper. Section 6, Allocation of Costs of the Authority. A. The Authority is and shall be solely responsible for all debts and operating expenses incurred in the operation of the Authority. No coals of the Authority shall be allocated to Spokane, Spokane Valley or the County. The obi igations of the Authority shall not be a debt of Spokane,Spokane Valley,the County, the State of Washington or any political subdivision of the State of Washington (other than the Authority). Subject to Section 6(B) of this Ordinance, neither Spokane, Spokane Valley, the County, the State of Washington nor any political subdivision of the State of Washington (other than the Authority), shall be liable for the obligations of the Authority, nor in any event shall obligations of the Authority be payable out of any funds or properties other than those of the Authority, B. Nothing.in Section 6(A)of this Ordinance shall prevent Spokane, Spokane Valley,the County, the State of Washington or a political subdivision of the State of Washington from providing assistance to the Authority, financial or otherwise, under the I lousing Cooperation Law (chapter 35,33 R.CW) or any other applicable law, or prevent the Authority from using any such assistance to pay obligations of the Autho]it . Ordinance I8-045 SI TA Page 4 or 5 Section 7. Assumption of Responsibilities,The Authority ority+assumes all of the contractual and financial liabilities for the l lousing Authority of the City of Spokane, as such liabilities existed on the date the Authority became El joint housing authority under RCW 35.82.300. Section 8. Deactivation of the Authority. Upon deactivation of the Authority as provided by law, the assets of the Authority shall be applied and distributed pursuant to RCW 35.82.325. However, if the I lousing Authority of the City of Spokane is reactivated at the time the Authority is deactivated, it shall be entitled to the return of all assets held by it prior to the organization of the Authority, and the Housing Authority of the City of Spokane shallassume all debts encumbering and/or associated with said assets. Section 9, R.epcal of Certain Prior Acts. The City intends for this Ordinance to replace all prior authorizing actions and hereby repeals all prior official acts related to authorizing the Authority that are contrary to this Ordinance, including Resolution No, 03-047, and those actions shall have no further force and effect other than to evidence that the Authority was duly organized as a joint housing authority pursuant to RCW 35.82.300, and has operated as a joint housing authority at. all times since September 24, 2001, Such repeal shall not be effective until the date this Ordinance and the other substantive provisions become effective. Section 10. Ratification of Past Acts. All acts heretofore taken by Spokane, Spokane Valley and the County to organize the Authority as a joint housing authority under RCW 35.82.300 arc hereby ratified, confirmed and approved. Section 11. Severability. If any part of this Ordinance is declared unenforceable, invalid, or utaconstitution al, such unenforceability, invalidity,or unconstitutionality shall not affect the enforceability, validity, or constitutionality of the remainder. Section 12_ Effective Date. This Ordinance shall be in full force and effect on the latest of(A)the date an ordinance substantially similar to this Ordinance takes effect as to Spokane under Article Ill, Section 19.B, of the Spokane City Charter; (B) the date an ordinance substantially similar to this Ordinance is enacted by the County, or(C) five days after the date of publication ofth is Ordinance or a sum maty thereof in the official newspaper of the City as provided by law. Passed by the City Council of the City of Spokane Valley this 27 day of February,2018. City of'Spokane Valley lilb -- "Vb. ifilk, lirk- L.R. Higgins, ArMiljj 1 AT PICS Christine Bainbridge, City Clerk Approved ns t Form: CP• tr -44)I Office 1' he City A r cy Ita[e of Publication: March 9, 2018 Effective Date: March 14, 2018 Ordinance 18-005 SHA Page 5 of 5