HomeMy WebLinkAbout1990-134-09/04/1990-FEDERAL GOVERNMENT HOUSING AUTHORITY HUD LOW RENT PUBLIC HOUSING RELATIONSHIP RESOLUTION 90-134
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REGARDING THE RELATIONSHIP BETWEEN THE FORT COLLINS
HOUSING AUTHORITY AND THE FEDERAL GOVERNMENT
WHEREAS, the Fort Collins Housing Authority ("the Housing Authority")
has entered into contractual agreements with the U.S. Department of Housing
and Urban Development ("HUD") for the provision of Low Rent Public Housing;
and
WHEREAS, the Housing Authority Board of Commissioners agreed to the
contractual relationship with the express understanding that it was a
bilateral agreement binding on both parties; and
WHEREAS, HUD has determined that it has the power to unilaterally
amend such contracts with local housing authorities and has evidenced its
intention to impose such amendments as would result in a perpetual
dependence of the Housing Authority upon federal subsidies; and
WHEREAS, HUD has further determined that it is not bound by State laws
or common practices governing real estate deeds, notes or local urgencies
and that housing policies should be established and managed at a national
level ; and
WHEREAS, a dispute between the Housing Authority and HUD regarding
these issues which is the subject of ongoing litigation; and
WHEREAS, the Housing Authority Board of Commissioners believes in
maximizing local responsibility and decision-making in assisting low income
families to obtain decent, safe and affordable housing; and
WHEREAS, HUD and the Housing Authority have an opportunity to resolve
the current litigation and restore local decision-making through the use of
Section 512 of the Annual Contributions Contract ("the Contract") between
HUD and the Housing Authority, which section allows the Secretary of HUD to
waive all terms and conditions of the Contract, thereby releasing the
Housing Authority from any further obligation under the Contract.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1 . That maximum local responsibility and decision-making
authority should remain vested at the local level .
Section 2. That all bilateral contractual agreements among and
between governments must be honored or mutually amended.
Section 3. That all unnecessary financial dependence upon the federal
government should be avoided.
Section 4. That, in the interest of the citizens of the City of Fort
Collins, the Housing Authority should be released from any further
obligation under the above-mentioned Contract, pursuant to the provisions
of Section 512 thereof.
Section 5. That the Secretary of HUD is hereby urged to exercise the
waiver and release provisions contained in Section 512 of the Contract so
as to release the Housing Authority from any further obligations under the
Contract.
Passed and adopted at a regular meeting of the Council of the City of
Fort Collins held this 4th day of September, A.D. 1990. e
Mayor
ATTEST:
City Clerk QS