ORDINANCE NO. 2002-22

(Establishing a joint housing authority with Klickitat County and the City of Goldendale)

WHEREAS, Skamania County, Washington (the “County”), recognizes the findings of the legislature contained in RCW 35.82.010, as follows, and declares that there is a need for a “housing authority” to make available housing in the County for the reasons that:

(a) Insanitary, indecent and unsafe inhabited dwelling accommodations exist in the County;

(b) There is a shortage of safe, decent and sanitary dwelling accommodations in the County available to persons and families of lower income; and

(c) There is a shortage of safe, decent and sanitary dwellings, apartments, mobile home parks or other living accommodations available for senior citizens within the County; and

WHEREAS, a coordinated effort between the County, Klickitat County and the City of Goldendale (the “City”) through a joint housing authority would best serve the public interest; and

WHEREAS, it is anticipated that the Board of County Commissioners of Klickitat County and the City Council of the City will pass ordinances, each containing the same provisions as those contained in this ordinance;

NOW, THEREFORE BE IT ORDAINED by the Board of Skamania County Commissioners that a housing authority be formed under the following provisions:

Section 1. Name.

A joint housing authority is hereby created by the County, Klickitat County and the City pursuant to RCW 35.82.300, to be named the “Columbia Gorge Housing Authority” (the “Authority”).

Section 2. Territorial Boundaries.

The area of operation of the Authority shall include the combined area that lies within the territorial boundaries of unincorporated Skamania County and Klickitat County and within the territorial boundaries of the City.

Section 3. Powers of the Authority.

The Authority shall constitute a public body corporate and politic of the State of Washington exercising public and essential governmental functions and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of Chapter 35.82 RCW as amended.

Section 4. Board of Commissioners.

The Authority shall be governed by a board of five (5) commissioners composed of two commissioners each to be appointed by the respective boards of county commissioners of the County and Klickitat County (any or all of which may be county commissioners) and one commissioner to be appointed by the Mayor of the City (which may be the Mayor).

(a) Appointment. A certificate of appointment or re‑appointment to the Board of Commissioners of the Authority shall be filed with the Secretary of such Board and such certificate shall be conclusive evidence of the due and proper appointment of such commissioner.

(b) Tenure and Removal. Each commissioner shall hold office for a term of three (3) years, except that the terms of the initial commissioners shall be staggered such that one commissioner shall serve an initial term of one year, and two commissioners shall serve initial terms of two years. Any commissioner may be removed from office, in accordance with RCW 35.82.060, by the applicable board of county commissioners or the Mayor, as applicable. Any vacancy created by the removal of a commissioner shall be filled by appointment by the Mayor or the applicable board of county commissioners.

(c) Chair. At its first scheduled meeting of the Board of Commissioners of the Authority, the Board shall elect one of its members as the first Chair.

(1) The first elected Chair of the Board of Commissioners shall serve in that capacity through the end of the calendar year in which he/she is elected, or through his/her term as a commissioner, whichever occurs first. In each successive year, the Board of Commissioners of the Authority at its first scheduled meeting in January shall elect one of its members as its Chair for the following calendar year. The Chair elect shall serve in that capacity as Chair for a period of one year or until the expiration of his/her term as a commissioner, whichever occurs first.

(2) In the event the Chair’s position becomes vacant prior to December 31 of any calendar year, the Board of Commissioners of the Authority shall elect a new Chair to serve the remaining portion of such term.

(d) Vice-Chair. At its first scheduled meeting of the Board of Commissioners of the Authority, the Board shall elect one of its members as the first Vice-Chair.

(1) The first elected Vice-Chair shall serve in that capacity through the end of the calendar year in which he/she is elected, or through his/her term as a commissioner, whichever occurs first. In each successive year, the Board of Commissioners of the Authority at its first scheduled meeting in January shall elect one of its members as its Vice-Chair for the following calendar year. The Vice-Chair elect shall serve in that capacity as Vice-Chair for a period of one year or until the expiration of his/her term as a commissioner, whichever occurs first.

(2) In the event the Vice-Chair’s position becomes vacant prior to December 31 of any calendar year, the Board of Commissioners of the Authority shall elect a new Vice-Chair to serve the remaining portion of such term.

(e) Quorum. A majority of the Board of Commissioners of the Authority shall constitute a quorum for the purposes of conducting its business and exercising its powers and for all other purposes.

(f) Compensation. The Commissioners of the Authority shall receive no compensation for their services to the Authority in such capacity; but a Commissioner shall be entitled to necessary expenses, including traveling expenses incurred in the discharge of his/her duties.

Section 5. Administration: Staff/Legal Services.

(a) Staff: The Board of Commissioners of the Authority may employ a secretary (who shall be Executive Director), 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 Authority may employ its own counsel and legal staff, or may call upon the chief law officer of either county or the City.

Section 6. Termination of Participation.

(a) The County, Klickitat County or the City may terminate its participation in the Authority by providing written notice of such intent at least 90 days prior to the specific termination date and provided that participation can only be terminated at the end of a calendar year. In the event that Klickitat County elects to terminate its participation in the Authority, the County and the City may continue operating the Authority as a joint housing authority. In the event that both Klickitat County and the City elect to terminate their participation in the Authority, the Authority shall continue as a housing authority created pursuant to Chapter 35.82.030 RCW.

(b) If any entity terminates its participation in the Authority pursuant to Section 6(a), all assets and liabilities previously attributable to the withdrawing entity shall be transferred and assumed by that entity upon the request of the withdrawing entity and on condition that the withdrawing entity is legally established and has the authority to assume those assets and liabilities.

(c) Upon the termination of an entity’s participation in the Authority, the territorial boundaries of the Authority described in Section 2 of this resolution shall be adjusted to exclude the territorial boundaries of that entity.

Section 7. Initial Assets.

It is anticipated that, upon its formation, the Authority will enter into an agreement with the Mid-Columbia Housing Authority, an Oregon regional housing authority, providing for the formation and operation of the Mid-Columbia Housing Agency (the “Agency”) for the purpose of jointly exercising their powers as housing authorities within the combined region served by the Authority and the Mid-Columbia Housing Authority. The agreement will govern such matters as the ownership and allocation of assets, if any, operational procedures, the manner of financing joint activities, and other matters related to the operation of the Agency.

Section 8. Allocation of Costs.

It is not anticipated that funding from the County, Klickitat County or the City will be required. However, in the event of a requirement for initial funding for the Authority, the costs shall be borne by the County, Klickitat County and the City in a ratio based on the number of persons served by the Authority residing within the territorial boundaries of the County, Klickitat County and the City (as described in Section 2) to the total number of persons served by the Authority. Any funding required under this section must be authorized by the respective legislative bodies of the County, Klickitat County and the City, and shall not exceed a combined total of $10,000. Any additional future funding must be authorized by the respective legislative bodies of the County, Klickitat County and the City.

Section 9. Severability.

If any section, subsection, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional, the remainder of the ordinance shall not be affected.

Section 10. Effective Date.

This ordinance shall be in full force and effect immediately upon its passage.

REVIEWED this 14^th day of October 2002, and set for public hearing on the 28^th day of October, 2002, at 11:00 o’clock a.m.