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"LAM **

GION IV

Perching Point Pre 1371 Peachtree Street, N. 2. Álleria, Comgia 30309

To:

Mrs. Louisc M. Bonetti

Executive Director

Housing Authority of Fort Mill

P. O. Drawer 40

Fort Mill, S. c. 29715

New Construction

Fort Mill, S. C.

Acquisition w/substantial

rehabilitation

Acquisition wo/substantial rehabilitation

BUILDING
TYPE

D

SD

R

AW

AK
TOTALS

200
AMENDED

PUBLIC HOUSING PROGRAM RESERVATION

The Department of Housing and Urban Development (HUD) hereby makes the following Program Reservation, or change therein, for low-income dwelling units to be provided pursuant to the U. S. Housing Act of 1937. This is not a legal obligation but a statement of determination by HUD, subject to fulfillment of all legal and administrative requirements, to enter into an Annual Contributions Contract covering the number of units reserved, or such lesser number as may be consistent with the amount of contract and budget authority reserved by HUD with respect to the Program Reservation. A Development Program which is approvable by HUD must be submitted by August 1, 1979 If this time limit is exceeded, the Program Reservation will be cancelled unless HUD determines, for good cause, to extend the time limit.

Location:

Housing Type and Production Method:

Dwelling Unit Characteristics

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NUMBER
OP

BI.DGS. 1-BR

TURNKEY

8

Program Reservation No.

12

CONVENTIONAL
48

NUMBER OF D.U.'S BY BEDROOM SIZE
FAMILY AND LARGE FAMILY

2-BR 3-BR 4-BR 5-BR 6-BR
4

IN REPLY REFER TO

SC-336-002

EXHIBIT 9c - i

FORCE ACCOUNT

ELDERLY, HANDICAPPED

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D-Detached Single Family: SD-Semi-Detached; R-Row; AW-Walk-up Apartments; M-Clevator

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EXHIBIT 9c

(DECREASE)

ii

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CURRENT
RESERVATION

24

24

48

$19,200 ⭑

BUDGET AUTHORITY $5.007.840

* Approval of a Preliminary Loan is subject to securing Central Office
authorization to release any funds until the Catawba Indian claim
is resolved to a point that a Title Insurance Company is willing to
issue an unencumbered title policy on lands in York County.

10-31-78

Date of Program Reservation

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Sincerely,

mt my

W. H. Nixon
Director

Housing Division

29730

Reference is made to a meeting on December 20, 1978, in my office in
regards to the status of the above identified project. It was agreed
that we have no other alternative but to cancel this proposal due to
the decision that title companies will not issue title insurance with-
out the "Indian Claims" exception in their policies. It is with regret
that this decision had to be made, but as explained to you, these funds
are from the 1974 allocation and we have been directed to cancel these
contracts unless we can expect an immediate construction start.

We would like to express our appreciation for your cooperation in this
matter and you may rest assured that when the "Indian" title problem
has been resolved, every consideration will be given to your housing
needs in the Rock Hill area.

If you have any questions in regards to this matter, please contact
our Multifamily Housing Representative, Ottis J. Smith, 765-5628 or
765-9522.

CC:

Mr. Elmer Whitten
Mr. William J. James
Mid-South Mortgage Company
Honorable J. Emmett Jerome
Rock Hill Properties, Ltd.

EXHIBIT 10a

IN REPLY REFER TO:

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APR 5 - 1979

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ی مختلف در دستگاه

:

Assistant General Counsel

IN REPLY REYER TO

This is in response to your memorandum of July 27. 1973. asking
that we advise you of HUD's policy on title requirements for
prospective public housing sites where Indian clairs exist. You
state that title companies have announced that they will not insure
against claims by Catawba Indians to land in three South Carolina
Counties. Counsel for the Rock Hill Housing Authority has noted
that the title policy for a Section 8 project approved by HUD
contained an exception for the Indian claims, and urges tnat
similar title insurance should be acceptable for a public housing
project.

PREVIOUS EDITION IS OBSOLETE

AUG 15 33

Sites for public housing projects may not be approved unless the
Authority can obtain good and marketable title. l'e are not
prepared to approve at this tice the acquisition of sites subject
to Indian claims. A title policy excepting damages from Indian
claims would not be accentable. inile we have no information to
Judge the caricusness of the claims involved here, or the
Likelihood of ultimate damage from the assertion of the claims. the
insistence of the title companies on the claims exception would
appear to indicate their view that there is a serious exposure. He
do not find that there is justification for accepting less than
marketa.le title.

The comparison to Section 8, as suggested by Authority counsel, is
not appropriate. In Section 8 without FHA mortgage insurance HUD
does not investigate the quality of the owner's title, since
continuance of the subsidy is based on occupancy by the families.
and HUD does not guarantee payment of dest service on the
obligations issued to finance development cost. In public housing,
HUD undertakes a direct full faith and credit commitment to the
holders of Authority bonds and notes.

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The Charlotte Observer

Foremost Newspaper Of The Carolinas

(c) The Charlotte Observer, 1979

WEDNESDAY, APRIL 18, 1979

94th Year- No. 97

City Might Tackle Project
Delayed By Catawba Suit

Associated ProSS

ROCK HILL - Despite a huge land claim by the Catawba Indian tribe that is blocking a housing project, the city of Rock Hill might go ahead with some of the work.

Poore told the authority commission he has asked the Department of Housing and Urban Development (HUD) to waive a title insurance requirement for the $2.6million project.

32 Pages

Housing Authority Director Jim
Poore says the city might have a
chance to get funding for 60 of the
planned 76 low- and middle-in-ance delay.
come housing units if the housing Insurance companies will not
authority, rather than a private
firm, develops the project.

give the housing authority title in-
surance because of the Catawbas'
claim to 144,000 acres in York,
Lancaster and Chester counties.

"I'm hoping that we'll get some kind of response on this title waiver in a few days," Poore said.

Despite HUD's rejection of the 76-unit project near Finley Road last week. Poore said HUD officials have told him "everything that can be done will be done" to finance the project.

A private developer couldn't get required federal insurance for the project because of the title insur

The tribe claims the state's purchase of the land under an 1840 treaty is invalid because it was not ratified by Congress.

Poore said he thinks the Finley Road project can resume when the claim is resolved.

EXHIBIT 10b

Price 15 Cents

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