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HomeMy WebLinkAboutR-1998-105 1998 Community Housing Development Organization (CHDO) Designation.• RESOLUTION NO. R-98-105 A RESOLUTION recognizing and certifying Yakima Valley Partners, Habitat for Humanity as a City designated Community Housing Development Organization. WHEREAS, the City of Yakima is a recipient of 1998 federal HOME funds which may be used, among other things, for Community Housing Development Organization Programs; and WHEREAS, at a November 18, 1997 meeting, the City Council considered and approved the One Year Plan and budget including $472,000 of HOME funds; and WHEREAS, in response to a May 15, 1998 public advertisement by the Office of Neighborhood Development Services (ONDS), Yakima Valley Partners, Habitat for Humanity submitted an application to be certified by the City as a Community Housing Development Organization (CHDO); and WHEREAS, at a meeting on July 10, 1998, the City Council Neighborhood Development Committee recommended City certification of Yakima Valley Partners, Habitat for Humanity as a City designated CHDO with the condition that the organization receive state certification as a CHDO within one year or before any other request is made for HOME funds from the City; and WHEREAS, the City Council has determined that it is in the best interest of the City to recognize and certify Yakima Valley Partners, Habitat for Humanity as a City designated Community Housing Development Organization, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Yakima Valley Partners, Habitat for Humanity is hereby recognized and certified as a City designated Community Housing Development Organization with the condition that the organization receive state certification as a CHDO within one year or before any other request is made for HOME funds from the City. ADOPTED BY THE CITY COUNCIL, this d( day of ATTEST: City Clerk (Ik)res;'hah tat for humanity -pm LtLy , 1998. ohn Puccinelli, Mayor CHDO CERTIFICATION APPLICATION The following pages list minimum qualifications for a non-profit corporation to qualify as a CHDO. All qualifications must be met. The agency must certify by signature of its authorized officer that these statements are true, and must provide the required documents to enable the City of Yakima to determine that the agency qualifies as a CHDO. Please check the appropriate spaces to identify the document provided to meet each requirement. Items required to establish certification under multiple requirements shall be provided only once, but should be checked at each space as having been provided as evidence of compliance with that requirement. Items provided to satisfy any requirement must clearly address that requirement in writing in the document supplied. No non-profit organization shall be certified as a CHDO if that organization has an outstanding audit finding, or other unresolved matter, which prevents the City from certifying the capacity of that organization to successfully implement a CHDO project. The following documents must be submitted by all applicants for CHDO certification: 1. Articles of Incorporation 2. By -Laws 3. 501(c)(3) or (4) Certificate 4. Copy of Resolution authorizing submission of this application signed by appropriate officer 5. Identification of those board members who are: • Elected officials • Public employees • Employees of for-profit entities sponsoring the organization • Residents of the low-income neighborhood in which the project is to be located, and • Elected representatives of low-income neighborhood organizations. The organizations must be identified, and the designation of the representatives by the organizations must be established. 2 5/12/98 APPLICANT Name of Applicant Organization: Yakima Valley Partners naves tat Address: PO Box 9007, Yakima. WA 98909 Telephone Number: (509) 453-8077 Contact Person: John Van Belle Position with Organization: Fxpr„t- i vP Di rPrt-nr LEGAL S l A l U5 F V r T-Tumni tv A. The non-profit corporation is organized under state or local laws, as evidenced by either: Charter or, x Articles of Incorporation. B. No part of its net earnings inure to the benefit of any member, founder, contributor, or individual, as evidenced by either: Charter or, x Articles of Incorporation. C. (i)Has a tax exemption ruling from the Internal Revenue Service (IRS), under section 501 (c) (3) or (4) of the Internal Revenue Code of 1986 as evidenced by: x A 501(c) (3) or (4) Certificate or Letter from the IRS. OR (ii) Is classified as a subordinate of a central organization non-profit under Section 905 of the Internal Revenue Code as evidenced by: x A group exemption letter from the IRS that includes the agency seeking Certification as a CIIDO. D. Has among its purposes the provision of decent housing that is affordable to low and moderate -income persons as evidenced by a statement in the organization's Charter, or, x Articles of Incorporation, or, By-laws, or, Resolutions. 3 5112/98 CAPACITY A. Conforms to the financial accountability standards of attachment F of OMB Circular A-110, "Standards for Financial Management Systems," as evidenced by: A notarized statement by the President or Chief -Financial Officer of the organization, or, x A certification from a Certified Public Accountant, or, A HUD approved audit summary. B. Has a demonstrated capacity for carrying out activities assisted with HOME funds, as evidenced by: x Resumes and/or statements that describe the experience of key staff members who have successfully completed projects similar to those to be assisted with HOME funds, or Contracts withconsultant firms or individuals who have housing experience similar to projects to be assisted with 1-IOME funds, to train appropriate key staff of the organization. C. Has a history of serving the community within which housing to be assisted with HOME funds is to be located, as evidenced by: x A detailed statement signed by the President, or other authorized official of' the organization, that document at least one year of experience in serving the community prior to the date of receipt of C1-IDO funds. The experience need not be in the provision of housing; OR For newly created organizations formed by local churches, service or community organizations, a detailed statement signed by the President, or other authorized officer of the organization, that documents that its parent organization has at least one year of experience in serving the community prior to the date of receipt of CHDO funds. 4 5/12/98 ORGANIZATIONAL" STa I1rTuRE _ A. Maintains at least one-third of the governing board's membership for residents of low income neighborhoods, other low-income community residents, or elected representatives of low-income neighborhood organizations, as evidenced by the organization: x By-laws, Charter, or, Articles of Incorporation. Under the HOME Program, "community" is defined as one or several neighborhoods, or the city at large. B. Provides a formal process for low-income, program beneficiaries to advise the organization in all of its decisions regarding the design, siting, development, and management of affordable housing projects, as evidenced by: x By-laws, or, Resolution, or, A written statement of operating procedures approved by the governing body. UNRESOLVED AUDIT FINDINGS OR OTHER MATTERS Does the organization have any outstanding audit findings or other unresolved matter involving past or present contracts with the City of Yakima or Washington State Community, Trade and Economic Development Yes x No Explain: C. A CHDO may be chartered by a state or local government with the restriction that: i) The state or local government may not appoint more than one-third of the membership of the organization's governing body: ii) The board members appointed by the state or local government may not, in turn, appoint the remaining two-thirds of the governing board mernbers; aiud iii) No more than one third of the governing board members are public officials or employees of the City of Yakima. The above statements are evidenced by. N / A By-laws, or, Charter, or Articles of Incorporation 5 5112/98 N/A A. The CHDO is not controlled by, nor receives direction from, individuals or entities seeking profit from the corporation, as evidenced by: By-laws, or A Memorandum of Understanding. RELATIONSHIP WITH FOR-PROFIT ENTITIES B. A CHDO may not be sponsored, or created, by a for-profit entity; however: i) The for-profit entity's primary purpose does not include the development or management of housing, as evidenced by: By-laws of the for-profit entity. AND ii) The CHDO is free to contract for goods and services from vendors of its own choosing, as evidenced by: By-laws, or, Charter, or Articles of Incorporation. C. If the non-profit is sponsored by a for-profit entity, the for-profit entity may not appoint more than one-third of the membership of the CHDO's governing body, and the board members appointed by the for-profit entity may not, in turn, appoint the remaining two thirds of the board members, as evidenced by: By-laws, or, Charter, or Articles of Incorporation. 6 5112/98 CERTIFICATION I hereby certify that the above statements are true; that I am authorized to sign this application, and to make these statements, on behalf of the applicant organization; and that the organization understands that misrepresentation of any facts which lead to the improper allocation and expenditure of public funds may result in legal action against the organization for retrieval of any such funds and appropriate penalties. 70kr\ Vary Imo! le Name. (typed or printed) c7CU ve r €c4tnf -Tore y i 1q4' n.A,A CA IS, Title: (President, Secretary, etc.) v_1 %,_(rI� ;�,-i �,; Iivnn7n;77� IaK�rna vat le 1)drrmrs - ► �G` 1 Name of Organizatic 5/12/98 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 \5rI I• ". 111, INDEPENDENT AUDITORS' REPORT Board of Directors Yakima Valley Partners Habitat for Humanity Yakima, Washington We have audited the accompanying statements of financial position of Yakima Valley Partners Habitat for Humanity (a nonprofit corporation) as of December 31, 1996 and 1995, and the related statements of activities and changes in net assets, functional expenses, and cash flows for the years then ended. These financial statements are the responsibility of the Organization's management. Our responsibility is to express an opinion on these financial statements based on our audits. We conducted our audits in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estunates made by management, as well as evaluating the overall financial statement presentation. We believe our audits provide a reasonable basis for our opinion. As discussed in note 3 to the financial statements, the Organization has not discounted noninterest bearing contracts receivable. In our opinion, such contracts should be discounted on the statements of financial position to reflect their proper value to conform with generally accepted accounting principles. The effects on the financial statements of this departure from generally accepted accounting principles have not been determined. In our opinion, except for the effects of the matter discussed in the preceding paragraph, the financial statements referred to in the first paragraph present fairly, in all material respects, the financial position of Yakima Valley Partners Habitat for Humanity as of December 31, 1996 and 1995, and the changes in its net assets and its cash flows for the years then ended, in conformity with generally accepted accounting principles. rl jcirZ 7L -i Yakima, Washington January 20, 1998 2 Capacity B Yakima valley Partners / Habitat for Hiumanity hag been operating in the Yakima Valley for 13 years. In that time we have completed 58 single-family homes located in nine different communities throughout the Yakima Valley. In 1997 alone we completed eight single-family homes. YVP/HFH's overall program for 1998 is to start and complete 12 new single family dwellings and one two-family dwelling. In 1999, we plan to start and complete 12 single-family homes throughout the Yakima Valley, with at least four of these being within the city limits of Yakima. STAFFING: • Executive Director — full-time, volunteer with 9 years experience in this position • Ass°t. Exec. Director — full-time, salaried, with 6 years YVP/HFH experience • Work Camp Coordinator — full-time, hourly with 5 years YVP/HFH experience • Board Coordinator — full-time, hourly ordained Presbyterian clergy with over 23 years pastoral experience • Office Manager — full -tine, hourly with 10 v'ears experience m this nncrttnn • Construction Supervisor — full-time salaried with 5 years YVP,'HFH experience • Site Supervisors — hourly and volunteers — variety of experience in construction trades • Volunteer and Church Relations Coordinator —'.% time stipend volunteer with 12 years experience m managing volunteer organizations Capacity C Yakima Valley Partners / Habitat for Humanity was incorporated as Buena Partners -- Habitat for Humanity on July 16, 1984. The incorporation articles were amended on December 18, 1986 changing the name to Yakima Valley Partners -- Habitat for Humanity. Since that time, the organization has constructed 58 homes throughout the Yakima Valley. By the end of 1998, we plan to have 72 homes completed. an elle ecutive Director List of Board Members Yakima Valley Partners -- Habitat for Humanity Barbara Berenson - 98908 Edna Brooks -Pittman — public employee — City of Toppenish — 98948; resident of 1ow- rncome neighborhood Roger Finch — 98951 - resident of low-income neighborhood Mario Flores — 98944 -- resident of low-income neighborhood Jerri Honeyford — public employee — Sunnyside Public Schools — 98944; resident of low-income neighborhood Gordon Jensen - 98908 Kathy Johnson — 98902 — resides in project area Margaret \tarik - 98908 Martha Matthews — 98901 -- resides in project area Patrick Perez — 98902 -- resides in project area Doug Peters — 98942 -- resident of low-income neighborhood Jim Rice — 98936 -- resident of low-income neighborhood Nadine Smith — Independent Contract with City of Yakima, providing foot care for senior citizens. 98902 -- resides in project area William Don Tahkeal — 98951 — resident of low-income neighborhood Dave Woodall — 98901 -- resides in project area Vt 1 ___Lae;LLn_ T Ra ' _ _W_E emofit2W.e — a on- ¢- B�— \ Gana °' "m Looxout Point Rd _ esrhev. act to \ x;410' ..-,--,4-3----.24.,,,..1.4_, 3' 1 i p, —9y o —` �� nnr_R Y- p• r Rd ._ \ 1 i .ifa,.94 =- �fLd ^-- - 0 __ar_ _ t� _ `Pa `-Ceo' _-+— - m m N^ z 2 it0� _v ' c Gastteti9(9�R� ..1::' > ?�• 0s d rr c a �c'` �^N '' y- h =12c"Y :4 .ave �' z' _ %az, g Q13 N - = Terrace HerghPsRd \ .„.'9.12:64,9, -a— --'-•W L,iQCQ,n•Ave- - W a SI _ -_ -� '� sDtd 2 - :.: 0 $! -- ' - N N •Q 7 - -_D! —_ a. ti 1=_5t�ut ;4v�c^ 9 Radet x Kms Rd - -o > Q _� ,et,n L'r _ - _'L Pay f'= -Q v5 :..-;.2.-. Norntaa n7T Q s • C ti D '{: Z ,--my E ORill Blv-io• e - '' Prc.9C1 AY@ _ Z EJL[Q,aAve _ -- ...,c„ cc. Mead Ave u'__ _ d._a��s Rd - - _ _ _--£ - I c � c 24 a; -- - r*�. — - i . a N. - -- W Washin= v_r . cn-- to� g n a a ' y�r.., a t ii `_ ; r t I_ Co I a._, Z N. Sg_geTrail Rd r8 + t v - t: �n -- r, _ m - Y. -47 o Q i.> a ca an:anJm fid M:.Cu'Iouan d t I cj II . ,E Un 12 97 1, i of -o, Ct i m D >. ▪ l( __ P5trna Rd 7 ca __Bell fad n Gap e oc9 iuoser�iaa Streets Plus Proposed Project Boundaries 16th Ave. and East Copynpni C 15&8 ,99e3 M.CrOSOM ,;orporauon and/or .6 suppI'ers All npnts reserved deaucnene Rd -__--- r- —Tem 0 ml 1 GamacRe Rd Pape 1 SUPPORTING DOCUMENTS ARTICLES OF INCORPORATION OF BUENA PARTNERS - HABITAT FOR HUMANITY I The name of the corporation is BUENA PARTNERS - HABITAT FOR HUMANITY. FILED JUL 1 6 1984 SEUETARY GF SIME cUTE of rw,"`;r1rIN II The corporation shall have perpetual duration. It is a non-profit corporation as described in Section 501(c) (3) of the Internal Revenue Code. III The initial registered office of the corporation shall be at PO Box 277, Buena, Washington. The initial registered agent of the corporation at such address shall be FRED L. BAUMAN. IV The corporation is organized for the following purposes: (a) To implement the gospel of Jesus Christ throughout the United States and around the world by working with economically disadvantaged people to help them create a better human habitat in which to live and work. (b) To cooperate with other charitable organizations, through grants and otherwise which are working to develop a better habitat for economically disadvantaged people. (c) To communicate the gospel of Jesus Christ by means of the spoken word, and by distribution of Bibles and other Christian literature. (d) To receive, maintain and accept, as assets of the corporation, any property, whether real, personal or mixed, by way of gift, bequest, devise or purchase, from any person, firm, trust or corporation, to be held, administered and disposed of in accordance with and pursuant to the provisions -1- of this charter of incorporation; but no gift, bequest, devise or purchase of any such property shall be received or made and accepted if it is conditioned or limited in such manner as shall require the disposition of income or principal to any organization other than a "charitable organization" or for any purpose other than "charitable purposes" within the respective meanings of such quoted terms as defined in Articles VIII and IX, or which would jeopardize the Federal Income Tax exemption of this corporation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1954, as now in force or acts in amendment thereof or substitution therefor. V (a) The affairs of the corporation shall be managed by a board of directors. The method of election of directors shall be as determined by the bylaws of the corporation. (b) The board of directors of the corporation shall have the power to admit members of the corporation in such manner, subject to such qualifications, and upon such terms and conditions and with such rights as may be provided from time to time in the bylaws of the corporation. VT The corporation shall hold and manage all -property received and accepted by it to be administered hereunder, and shall pay over, transfer, distribute, administer, or otherwise deal with the principal and income thereof, in such manner or manners, and at such time or times, as in the judgment of the directors shall be suited to carrying out the foregoing purposes, including without hereby limiting the generality of the foregoing language, the lease, or other disposition of, real property, and interest in real property, including buildings and other improvements thereon, the construction, reconstruction, repair and/or alteration of such buildings and other improvements, the acquisition by purchase, gift, rental or otherwise, and the preparation, sale, dispensation, lease, or other disposition of equipment -2- supplies, and other personal property and interests in personal property of whatsoever name or nature, and the retention of the services (whether directly or through contract or other arrangement with others), or employment of professional personnel, managers, administrators, assistants, secretaries, and other persons, agents, servants and employees, provided, always, however, that no part of the property held by the corporation, or the earnings thereon, shall inure or be payable to or for the benefit of any private shareholder or individual and no substantial part of the activities of the corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, or the partici- pation in, or intervention (including the publishing or distributing of statements) in any political campaign on behalf of any candidate for public office. VII In the event of the dissolution of this corporation, to the extent allowed under applicable law, all of the assets of the corporation shall be distributed to, or its assets shall be sold and the proceeds distributed to, another organization organized and operating for the same purposes for which this corporation is organized and operating, or to one or more corporations, funds or foundations organized and operating exclusively for religious, charitable, scientific, literary or educational purposes, which said corporations, funds or foundations shall be exempt under Section 501(c)(3) of the Internal Revenue Code of 1954, or as subsequently amended, which shall be selected by the board of directors of the corporation. In the event that for any reason upon the dissolution of the corporation the board of directors of the corporation shall fail to act in the manner herein provided within a reasonable time, the Judge of the Superior Court of Yakima County shall make such distribution as herein provided upon the application of one or more persons having a real interest in the corporation or its assets. -3- In LU.1_, Charterof VIII I ncor nrati nn and in any amendments to it, the terms "charitable organizations" or "charitable organization" shall mean corporations, trusts, funds, foundations, community chests or other organizations created or organized in the United States or any of its possessions, whether under the laws of the United States, any state or territory of the United States, the District of Columbia, or any possessions of the United States, and operated exclusively for charitable purposes, no part of the net Dyable to nr fnr the henefit earnings of which inures or is payable �-- �� - - _ ______ of any private shareholder or individual, and no substantial part of the activities of which is carrying on propaganda, or otherwise attempting to influence legislation, and which do t n e (includingb _ h not participate in, or intervene the ptioLLsnLng or distributing of statements) in any political campaign on behalf of any candidate for public office. The organizations described in this Article VIII shall be such only as are entitled to exemption from income tax under Section 501(c)(3) Code of acts in amendments of the Internal Revenue 1954, or thereof or substitution therefor. Ix In this Charter of Incorporation and any amendments to it, the term "charitable purposes" shall mean, and shall be limited to and shall include only, religious, charitable, scientific, literary or educational purposes within the meaning of those words as used in Section 501(c)(3) of the Internal Revenue Code of 1954, or acts in amendment thereof or substi- tution therefor. X As a means of accomplishing the foregoing charitable, religious and educational purposes, the corporation shall have the following additional powers: (1) To adopt, amend and alter bylaws of the corporation governing its internal affairs. (2) To elect and appoint officers, agents, and employees, consistent with said bylaws and this Charter and not in violation -4- of State law. (3) To borrow money, and, from time to time, to make, accept, endorse execute, and issue bonds, debentures, promis- sory notes, bills of exchange, and other obligations of the corporation for moneys borrowed or in payment for property acquired or for any of the other purposes of the corporation, and to secure the payment of any such obligations by mortgage, pledge, deed of trust, indenture, agreement, or other instrument of trust or by other privilege upon, assignment of, or agreement in regard to all or any part of the property, rights, or privileges of the corporation wherever situated, whether now owned or hereafter to be acquired. (4) To invest and reinvest its funds in such stock, common or preferred, bonds, debentures, mortgages, or in such other securities and property as may be, provided for in the bylaws of the corporation subject to the limitations and conditions contained in any bequest, devise, grant, or gift, provided such limitations and conditions are not in conflict with the provisions of Section 501(c)(3) of the Internal Revenue Code and its regulations as they now exist or as they may hereafter be amended. (5) In general, and subject to such limitations and conditions as are or may be prescribed by law, to exercise such other powers which are now or hereafter may be conferred by law upon a corporation organized for the purposes hereinabove set forth, or reasonably necessary to the attainment of the purposes of the corporation, subject to the further limita- tion and conditions that, notwithstanding any other provisions of these Articles, only such powers shall be exercised as are in furtherance of the tax-exempt purposes of the corporation and as may be exercised by an organization exempt under Section 501(c)(3) of the Internal Revenue Code and its regulations as they now exist or as they may hereafter be amended and by an organization contributions to which are deductible under Section 170(c)(2) of such Code and regulations as they now exist or as they may hereafter be amended. -5- �r r Al The initial board of directors shall members who shall be: Fred L. Bauman Route 1 Box x1715 Zillah, WA 98953 Pamela L. Bauman Route 1 Box 1715 Zillah, WA 98953 Woody Lovelace PO Box 277 Buena, WA 98921 The name XII and address of the Fred Bauman Route 1 Box 1715 Zillah, WA 98953 consist of 5 Ruben Rios PO Box 1202 Zillah, WA 98953 Elma Longoria PO Box 141 Buena, WA 98921 i nrnrpnrator is vim IN WITNESS WHEREOF, the undersigned executes Articles of Incorporation this 2( day of 1984. STATE OF WASHINGTON ) ss. County of Benton ) these a2j , /CO/ FRED L. BAUMAN This is to certify that on this ?/ day of 1984, there appeared personally before me FRED L. BAUMAIN✓, to me known to be the individual described in and who executed the foregoing Articles of Incorporation, and he did acknowl.i and declare to me that he executed the same freely and voluntarily and for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above writte G/7� 'otary Pu n and for Washington, residing at -6- I, CONSENT TO SERVE AS REGISTERED AGENT FRED L . BAUMAN , hereby consent to serve as Registered Agent, in the state of Washington, for the following corporation, BUENA PARTNERS - HABITAT FOR HUMANITY , . I understand that as agent for the corporation, it will be my responsibility to re- ceive service of process in the name of the corporation; to forward all mail to the corporation; and to immediately notify the office of the Secretary of State in the event of my resignation, or of any changes in the registered office address of the corporation for which I am agent. 9)& (date) : 1 s)y (signature of agent) PO Box 277 (registered office address) Buena, WA 98921 Yakima Valley Partners/Habitat for Humanity Building houses in partnership with God's people in need. BYLAWS OF YAKIMA VALLEY PARTNERS/HABITAT FOR HUMANITY PREAMBLE Yakima Valley Partners/Habitat for Humanity shall seek to sponsor projects in habitat development globally, starting with the construction of modest but adequate housing in the Yakima Valley, and shall associate with other groups functioning with purposes consistent with those listed below, namely: 1. To witness to the Gospel of Jesus Christ throughout the world by working in cooperation with God's people in need to create a better habitat in which to live and work; 2. To work in cooperation with other agencies and groups which have a kindred purpose; 3. To witness to the Gospel of Jesus Christ through loving acts and the spoken and written word; 4. To enable an expanding number of persons from all walks of life to participate in this ministry. ARTICLE I A. The affairs of the Affiliate shall be controlled and administered by an Affiliate Board of Directors which shall be composed of not less than eleven, and not more than nineteen members, each of whom shall serve for a term of three years, then be eligible for re- election for one additional term. Directors shall be elected by a majority vote of the existingting members of the ,Affiliate Board of Directors during the annual meeting. A Director may resign at any time or be removed for cause by two-thirds vote of the entire Affiliate Board of Directors. Upon the death, removal, resignation or incapacity of any member of the Affiliate Board of Directors, a majority of the remaining Directors may fill the vacancy. C. The Directors shall meet monthly at a place, time and date which shall be fixed by the Officers and shall hold such other meetings as may be necessary from time to time, upon the call of the President, which call shall specify the place, time and date of the meeting and grant at least one week's notice to all incumbent Directors. D. An Annual meeting of the Affiliate will be held in October. At the time of the Annual meeting the Affiliate Board shall ratify the actions of the Officers and Directors of the previous year, elect Officers and Affiliate Board Directors for the coming year, and conduct such other business as shall properly come before the meeting. E. A quorum for the transaction of business at any regular or special meeting of the Affiliate Board of Directors shall consist of one-third of the members of the Affiliate Board, and a majority of such quorum shall decide any question that may properly come before the meeting. F. The Affiliate Directors shall serve without compensation. Yakima Valley Partners/Habitat for Humanity Bylaws Revised 4/3/98 G. In addition to the Officers provided hereafter, the Affiliate Board of Directors may create other offices and employ such personnel as in its discretion it deems necessary to accomplish the purposes for which the Affiliate was created, and shall authorize the payment of such salaries as it deems necessary to the personnel and agents performing said corporate functions. H. The Affiliate Board of Directors will appoint each of its members to serve on one of the standing committees and may appoint such other committeesas it may deem advisable to assist it in the discharge of its duties. A member of the Affiliate Board shall represent the Affiliate at all Chapter Board Meetings. ARTICLE II A. The officers of the Affiliate shall consist of a President. a Vice -President, a Secretary, a Treasurer, and such other Officers as may be elected by the Directors. 1. The President shall preside at all meetings of the Directors and shall have the general supervision over the affairs of the Affiliate and over the other Officers, and may vote only in case of a tie vote. The Vice -President, in the absence of the President, shall perform the duties of that office. 3 . The Secretary shall be the custodian of the minutes book of the Affiliate and shall be responsible for the accurate keeping of the minutes of meetings of the Directors. 4. The Treasurer shall have the authority and responsibility for the safekeeping of the funds and securities of the Affiliate and shall be a member of the Affiliate Distribution of Resources B. The Officers of the Affiliate shall be elected at the Annual meeting by the Affiliate Board of Directors. All Officers shall serve for a term of one year. Officers may be re-elected. C. An Executive Director shall be appointed by the Affiliate Board of Directors to be responsible to the Affiliate Board for supervising the activities of the Affiliate, and to oversee the work of all staff members. D. The President and the Executive Director shall be members without vote on all committees. ARTICLE III The standing committees of the Affiliate Board of Directors shall be: 1. The Affiliate Distribution of Resources Committee This committee shall decide on the building schedule, shall develop and monitor the budget, and shall monitor contractual and legal obligations. The members of this Committee shall be members of either the Affiliate or Chapter Boards. Each Chapter shall des:nate a representative to this committee. 2. The Affiliate Development Committee This committee shall raise money from individuals, businesses, service organizations, non- profit organizations and fund raising events. Each Chapter shall designate a representative to this committee. 3. The Affiliate Families Committee This committee shall provide home -ownership skills training for families, shall provide training for families that clarifies the family -affiliate relationship, and shall provide Yakima Valley Partners/Habitat for Humanity Bylaws Revised 4/3/98 for the Family Partnership committees and the Chapter Family Selection training i1iC. Chapter Family � - � committees. Each Chapter shall designate a representative to this committee. . The Affiliate Human Resources Committee This committee shall organize and supervise work camps, shall organize and evaluate the and Affiliate Board members, paid staff, shall organize volunteers, shaii recruit and train new Affiliate and shall nominate Officers for annual elections. 5. The Affiliate Public Relations Committee This committee shall provide information to the media, to churches, to businesses and service organizations, and shall publish a newsletter. 6. The Affiliate Executive Committee This committee shall develop meeting agendas and conduct meetings of the Affiliate, shall maintain minutes and records of the Affiliate, and shall supervise the financial records of the Affiliate. The Executive Director shall be an ex officio member of the Committee, ARTICLE TV A. The local work of the Yakima Valley Partners/Habitat for Humanity shall be divided among four Chapters. 1. The Upper Valley Chapter shall serve: Yakima, Union Gap, Moxee, West Valley, Tieton, Naches and Selah. The Yakama Nation Chapter shalt serve the area under the jurisdiction of the Yakama Indian Nation. 3 . The Mid Valley Chapter shall serve: Parker, Wapato, Harrah, Toppenish, Buena, Zillah and Granger. 4. The Lower Valley Chapter shall serve: Outlook, Sunnyside, Mabton, Grandview and Prosser. B. The affairs of each Chapter shall be controlled and administered by a Chapter Board of Directors which shall be composed of not less than nine, and not more than fifteen members, each of whom shall serve for a term of three years and be eligible for re-election. C. Directors shall be elected by a majority vote of the existing members of the respective Chapter Boards of Directors during the Annual Meeting. A Director may resign at any time or be removed for cause by a two-thirds vote of the entire Chapter Board of Directors. Upon the death, removal, resignation or incapacity of any member of the Chapter Board of Directors, a majority of the remaining Chapter Directors may fill the vacancy. The Directors shall meet monthly at a place, time and date which shall be fixed by the Chapter Officers and shall hold such other meetings as may be necessary from time to time, upon the call of the Chapter President, which call shall specify the place, time and date of the meeting, and grant at least one week's notice to all incumbent Directors. E. An Annual Meeting of each Chapter will be held in October. At the time of the Annual Meeting the Chapter Board shall ratify the actions of the Officers and Directors of the previous year, elect Officers and Directors for the coming year, and conduct such other business as shall properly come before the meeting. F. A quorum for the transaction of business at any regular or special meeting of the Chapter Board of Directors shall consist of one-third of the members of the Chapter Board, and a majority of such quorum shall decide any question that may properly come before the meeting. 3 Yakima Valley Partners/Habitat for Humanity Bylaws G . The Chapter Directors shall serve without compensation. H. The Chapter Board of Directors will appoint each of its standing committees. A member of the Chapter Board Affiliate Board meetings. ARTICLE V A. The Officers of the respective Chapters shall consist of a Secretary. 1. The President shall preside at all meetings of the Chapter Board and shall have the general supervision over the affairs of the Chapter and over the other Chapter Officers and may vote only in case of a tie vote. 2. The Vice -President, in the absence of the President, shall perform the duties of that office. 3 . The Secretary shall be the custodian of the minutes book of the Chapter and shall be responsible for the accurate keeping of the minutes of meetings of the Chapter Board and the submission of those minutes to the Affiliate office. B. The Officers of the Chapter shall be elected at the Annual meeting by the Chapter Board of Directors. All Officers shall serve for a term of one year. Officers may be re-elected. C. The Chapter President shall be a member without vote on all Chapter Committees. ARTICLE VI The standing committees of the Chapter Board of Directors shall be: l . The Chapter Family Nominating Committee This committee, which shall have at least one homeowner -partner within its membership, shall search for applicants and shall make home visits to determine applicant's need for shelter, ability to pay, and willingness to partner, and shall provide a representative to the Affiliate Families Committee. The Chapter Site Selection Committee This committee shall establish contact with government agencies and private parties in the search for needed property, shall locate property appropriate for Habitat construction, shall initiate title search on property considered for purchase, shall work with staff to obtain government approval for building on lots, and shall recommend lots to the Chapter Board for Approval .This committee shall designate a representative to the Distribution of Resources Committee. 3 . The Chapter Family Nurturing Committee r •.' This committee, which shall have at least one homeowner -partner within its membership, shall choose a Nurturer for each family at the time of the family's Affiliate Board acceptance. The assigned Nurturer shall be a friend to the chosen family and act as a liaison between the Yakima Valley Partners and the family. And, this committee shall provide a representative to the Affiliate Families Committee. 4. The Chapter Building Committee This committee shall choose the appropriate house plans for the size of the family and the shape of the lot, shall obtain a site supervisor for each house, shall support staff in obtaining necessary building permits and inspections, shall plan and carry out each building program with the help of staff, and provide a representative to the Affiliate Distribution of Resources Committee. members to serve on one of the shall represent the Chapter at all President, a Vice -President and a 4 Yakima Valley Partners/Habitat for Humanity Bylaws Rcvised 4/3/98 5. The Chapter Publicity/Finance Committee This committee shall raise money from local individuals, businesses, service organizations and non-profit organizations, shall plan ground breaking and dedications, shall supply articles for the Affiliate newsletter, and shall provide a representative to the Affiliate Public Relations Committee and the Affiliate Development Committee. 6. The Chapter Human Resources Committee This committee shall organize volunteers, shall recruit and train new Chapter Board members, shall nominate Officers for annual elections, and shall provide a representative to the Affiliate Human Resources Committee. ARTICLE VII A The Affiliate Board of Directors shall rely nn a Board of Advisors for advice council in C2o (Affiliate Board nirect^r✓ rely via a u...�r.i nt . d v icor— advice -- - and council ncil in the affairs of the Corporation. B. The purpose of the Board of Advisors will be to provide representation to the Affiliate Board of Directors form the diverse ethnic, cultural, racial-, economic and faith communities which the Corporation serves. C, The Board of Advisors shall consist of not less than seven, or more than fifteen members. U. The Board of Advisors dYiso_s sh ail include partnerfamilies served:.: by the Corporation• More than one half of the members of the Board of Advisors shall be members of partner families or of the community of need. E. The Board of Advisors shall meet at least two times per year to consider the work of the Corporation and provide such guidance as it sees fit. F. Advisors shall be elected to a two year term by majority vote of the members of the Affiliate Board of Directors during the annual meeting. An Advisor may be re-elected. An Advisor may resign at any time or may be removed for cause by a two-thirds vote of the entire Affiliate Board of Directors. Upon the death, removal, resignation or incapacity of any member of the Board of Advisors, a majority of the Affiliate Board of Directors may fill the vacancy. ARTICLE VIII A Membership in the Corporation will be considered as: (1) those who serve on the Boards of Directors; (2) those who serve on the Board of Advisors; (3) committee members; and (4) all others who contribute support. B . It shall be the duty of each member to promote and work toward the accomplishment of the purpose of the Corporation as a whole, and to contribute to it in all ways possible. ARTICLE IX A. The funds of the Corporation shall be deposited in such banks or trust companies as Affiliate Directors shall designate, and shall be withdrawn only upon the check, or order, of two persons appointed by the Affiliate Board. B . Any sale or transfer of any stock, bond, security, mortgage or any other property standing in the name of the Corporation shall be valid only if signed by the Corporation acting through any two Affiliate Officers or appointed agent. Any transfer signed in this manner, having affixed thereon the seal of the Corporation, shall in all respects bind the Corporation 5 Yakima Valley Partners/Habitat for Humanity Bylaws Revised 4/3/98 as fully and completely as if each transaction had been authorized by special vote of the Directors, and any person, firm or corporation to whom a copy of the Article VIII shall have been certified by the Secretary, shall be entitled to rely thereon until notified of its repeal. C. The fiscal year of the Corporation shall be July 1 through June 30. D. Donated building materials and appliances which cannot be used in Habitat for Humanity construction may be declared to be surplus property and may be sold to the general public in accordance with regulations established for non-profit organizations by federal, state and local governments. The proceeds from such sales shall be placed in the Fund for Humanity. ARTICLE X The Affiliate Board of Directors shall have the power to alter, amend or adopt new Bylaws, provided that the Bylaws at no time shall incorporate any provision inconsistent with law or the Articles of Incorporation. Approved and signed on this date GUf- , %tet -rJ ire 6 Yakima Valley Partners/Habitat for Humanity Bylaws Revised 4/3/98 internal Revenue Service n Partnero—Hab rat fnr Humanity uucai'a Buena community Church P.O. Box 277 Buena, WA 98921 Department :S the Treasury Washington. DC 20224 Person to Contact Bill Brocktnr Telephone Number ,;(202 ), 06a-4757 Refer Reply to OP:E:EO:R:2 Date Employer Identification Number: Rey District: Accounting Period Ending: Foundation Status Classi.ication: 21FEB1966 91-1307546 Seattle December 31 Section 509(a)(2) Dear Applicant: Based on information supplied, and assuming your operations will be as stated in your application for recognition of exemption, we have determined you are exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code. We have further determined that you are not a private foundation within the meaning of Code section 509(a), because you are an organi- zation described in the sections of the Code shown above. If your sources of support, or your purposes, character, or method of operation change, please let your key district know so that office can consider the effect of the change on your exempt status and founda- tion status. Also, you should inform your key District Director of all changes in your name and address. Unless specifically excepted, beginning January 1, 1984, you must pay taxes under the Federal Insurance Contributions Act (social security taxes) for each employee who is paid $100 or more in a calendar year. You are not required to pay tax under the Federal Unemployment Tax Act (FUTA). Since you are not a private foundation, you are not subject to the excise taxes under Chapter 42 of the Code. However, you are not auto- matically exempt from other federal excise taxes. If you have questions about excise, employment, or other federal taxes, contact your key District Director. Donors may deduct contributions to you as provided in Code section 170. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522. -2 - Buena Partners -Habitat for Humanity You are required to file Form 990, Return of Organization Exempt from Income Tax, only if your gross receipts each year are normally more than $25,000. (For tax years ending before December 31, 1982, organiza- tions whose gross receipts are not normally more than $10,000 are excused from filing Form 990). For guidance in determining if your gross receipts arz "normally" not more than the $25,000 limit, see the instructions for the Form 990. If a return is required, it must be filed by the 15th day of the fifth month after the end of your annual accounting period. There is a penalty of $10 a day, up to a maximum of $5,000, when a return is filed late unless there is reasonable cause for the delay. You are not required to file federal income tax returns unless you are subject to the tax on unrelated business income under Code section 511. If you are subject to this tax, you must file an income tax return on Form 990-T, Exempt Organization Business Income Tax Return. In this letter, we are not determining whether any of your present or proposed activities are unrelated trade or business as defined in section 513. Please show your employer identification number on all returns you file and in all correspondence with the Internal Revenue Service. We are informing your key District Director of this ruling. Because this letter could help resolve any questions about your exempt status and foundation status, you should keep it in your permanent records. If you have any questions about this ruling, please contact the person whose name and telephone number are shown in the heading of this letter. For other matters, including questions concerning reporting requirements, please contact your key District Director. Sincerely yours, 2;i/es- a, C- -1 Milton Cerny Chief, Exempt Organizations Rulings Branch HABITAT FOR HUMANITY Affiliate President Yakima Valley Partners/HFH P 0, Box 277 Buena, WA 98921 Dear Affiliate President: building houses in partnership with Gods people in r -i October 2, 1987 This letter will confirm that Yakima Valley Partners/HFH has been added to the roster of exempt subordinates included in Habitat for Humanity, Inc.'s group exemption under section 501 (c) (3) of the Internal Revenue Code. The enclosed copy of the group exemption letter received from the IRS provides evidence of Habitat's group exemption. That letter, together with this letter which confirms your affiliate's exempt subordinate status, provide evidence of your tax exempt status under section 501 (c) (3) of the Code. Both these letters should be retained as part of your affiliate's permanent records. Please note that if your gross income is normally more than $25,000, you are required to file Form 990, Return of Organizations Exempt from Income Tax, by the 15th day of the fifth month after the end of your annual accounting period. Also, note that a significant penalty is imposed when a return is filed late. While filing of a group return by Habitat's national office is a permitted option, that does not appear to be a feasible alternative at this time. The group exemption number assigned to Habitat by the IRS is 8545. This number may be provided to prospective donors, foundations, and othar grant organizations as they request it, and is required on any Form 990 you may file. RM/mr Enclosure In partnership, art— Robert T. Mayo Habitat and Church Streets i Americus, Georgia 31709 / (912) 92409' BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No.: I 1 C For Meeting of: July 21, 1998 !TEM TITLE: 1998 Community Housing Development Organization (CHDO) Designation !TEM L_r SUBMITTED BY: Glenn Rice, Assistant City Manager, Acting Director of Community and Economic Development CONTACT PERSON/PHONE: William Cook, Manager, Neighborhood Development Services (575-6101) SUMMARY EXPLANATION: Community Housing Development Organizations (CHDO) are entitled to 15% of a jurisdiction's allocated federal HOME monies. HOME Program funds may be used for housing development, sponsored and/or owned by the CHDO. Eligible activities include predevelopment costs and the acquisition, rehabilitation and new construction of rental housing, homeownership and renter assistance. In response to a public advertisement by the Office of Neighborhood Development Services on May 15, 1998, the Yakima Valley Partners, Habitat for Humanity submitted an application and complete package to be certified as a CHDO. At a meeting of the City Council Neighborhood Development Committee on July 10, 1998, this application was discussed and recommended for City Council approval with the requirement that they apply for and receive state certification within one year or before any future request for City CHDO funds will be considered. With approval of this resolution, the City Council will approve Habitat for Humanity as a City designed CHDO. Resolution X Ordinance Contract Other Specify Funding Source: APPROVAL FOR SUBMITTAL: ''"i . \!� z -. \ City Manager STAFF RECOMMENDATION: Approve Resolution BOARD/COMMISSION RECOMMENDATION: The City Council Neighborhood Development Committee recommends approval. COUNCIL ACTION: