HomeMy WebLinkAboutRES NO 49-53RESOLUTION N0.49-.53
RESOLUTION AMENDING RESOLUTION N0. 19-53
REQUESTING TRANSFER OF TEMPORARY HOUSING
PURSUANT TO TITLE VI OF THE LANHAM ACT.
WHEREAS, Public Law 475, 81st congress, ·authorizes ·the' Ad-
ministrator of the Housing and Home Finance Agency, upon the filing
of 'the prescribed request therefor, to relinquish and transfer upon
the terms and conditions set forth ,in said· Act all right, title, and
interest-~='of the United Strates in and with respect to certain temporary
war and veterans' housing projects t0 eligible-bodies as defined
therein, and
WHEREAS, the CITY OF BAKERSFIELD., 'hereinafter referreld to as
the Applicant, is a body eligible for the transfer"~of 'and. desires ..to
have transferred to it the temporary housing' hereinafter described,
WHEREAS, the Administrator of the HOusing and Home Finance
Agency has delegated to the Public Housing Commissioner the functions,
powers and duties vested in him by said' Act, and ..
WHEREAS,I the City of. 'Bakersfiel'd did on the 30th day of March,
1953, by Resolution No. 19-53' make application for the transfer to
said munic~.pal .corporation of a certain HOusing project known as
SOUTHERN PACIFIC HOES - Cal-4060, located in the City~ of Bakersfield,
~dounty of Kern,~.State of California, and
~WHEREAS, in said petition certain provisions were contradictory
to the provisions of the Lanham Ac~,· and
WHEREAS, it is the desire of' the Council of the City of Bakers-
field to 'amend said petition to conform to the terms and provisions
NOW, THEREFORE, BE IT RESOLVED by the City· Council of the
City of' Bakersfield that said petition be and 'the same is hereby
amended to read as follows:
'I. The Applicant does hereby request 'the 'Public 'Housing
\
CommissiOner to relinquish and transfer without monetary considera-o
tion.(Sxcept for ~the payment for any Federal lands or. interes~ therein.
~which might be required and except for the settlement of .any 'accounts
between the Government and the Applicant)all-right,' .title, and inter-
est of the.' United States in and with respect to the temporary housing
known ~as SOUTHERN PACIFIC HOES - Cal'4060, located in ~he City of
.Bakersfield, County of Kern, a .housing project of temporary construc-
-tion, '~omprising fifty dw?!~ling structures-and containing fifty family
dwelling units, and two non-dwelling st~uctures~of the following
numbers and types: Single-family Dwellings numbered 2633 to 2682,
inclusive, one Laundry Building, No. 2683 and one Administration
Building,. aS indicated on the Site plan~ attached as "Appendix A" and
made a..part.hereof, together.with personal property, appurtenances,
an~ materials held in connection therewith.'
II. (a) The Applicant represents that it proposes to the
extent' permitted by law and so ~long as~ the structures herein requested
remain in housing use
(i) As among eligible applicants for occupancy in
dwellings of given sizes and at specified rents
to extend the following preferences'in the selec-
'tion of tenants:
First," to families which are 't0 be displaced ~.byl~ any low-
rent housing project or by any public .slum-clearance or
redevelopment project initiated after January l, 1947,
or which were so displaced within three' years prior to
making application for admission to such housing; and' as
among such families first 'preference shall be given to
families of disabled veterans whose disability ,has been
determined by the Veterans. Administration to be service-
connected, and second preference shall be given to families
of deceased veterans and servicemen whose death has been
determined by the Veterans Administration to be service-
connected, and third preference shall" be given to families
of other veterans ~nd servicemen;
'~B~dS_~_d',~ "to f amilies'Bf'0't~'~'e'~"~rans'and' 'se~V'i6emen;' and
as among such families first p~eference shall be given to
families of disabled veterans whose'disability has been
determined by the Veterans Administration to be service-
connected, and second preference-shall+ be given to families
of deceased veterans and servicemen whose death has 'been
determined by the Veterans Administration to be* service-
.connected: Provided, that n0twithstanding such preferences
the Applicant will, in filling vacanc'tes in housing trans-
ferred pursuant to this request, give 'such preferences to
· military personnel and persOns~engaged in national defense
~or mobilization activities ~as 'the Secretary of Defense or
his .designee prescribed to such applicant.
(II) To manage and operate the property involved in accord-
ance with'sound business practices, including the establish-
~ment of adequate reserves.
(b ) The. Applicant~ ~urther~ represents that/it proposes to the
extent permitted by ~law: . ' ~ ~
(i) not to dispose of any right, title, or interest' in the
property (by sale, transfer, grant, exchange, mortgage',
lease, release, termination of the leasehold, or any other
..~?relinqUishment of interest) either (a) for housing use' on~
the present site or on any other site excerpt 'to a State or
· - political subdivision thereof, local' housing aut'hority, a
local public agency, or an educational or eleemosynary insti-
tution, or (b) for any other use unless the governing body
of the 'municipality or county shall have adopted a resolution
determining that, on the basis of local need and aCceptability, ~\
the structures involved are satisfactory for such use and
--need not be removed:. Provided, 'this representation will not
apply to any disposal through demolition for~ salvage, lease
'* to ·tenants for residential occupancy, or lease of non-dwelling
facilities for the continuance. of a use existing onl the date
of transfer, or where such disposal is the result-'Sf a bona
fide foreclosure or other proceeding to enforce rights given
as security for a loan to pay for land under this section:
And rovided further, that nothing contained in this Paragraph
I1 sEall be construed as applicable to the disposition of any
land or interest therein after' the removal of the structures
the refrom.
(li) Whenever the structures involved, or =a substantial
+portion.. thereof, are terminated for .housing"use and are not
., to be used for a specific nonhousing use, to promptly demolish
such structures terminated for housing use and clear the site
the re of.
III. , The Applicant will'acquire the .'interest of the. United
States in'~and~to the land upon which the housing is located/upon the
terms. and conditions 'prescribed in Section 601 (b) , and if such
· !interest iS in the form'of a~temporary use either+by contract or
Condemnation the Applicant will obtain the 'releases required by said
Section.
- I~. That~ the immediate purpose for which the ~ousing is sought
is to provide housing for familtes in the City of Bakersfield and
that such housing is eligible for' transfer pursuant~ tO 'Section 601(b).
"V. The Mayor shall obtain 'ths opinion of 'the City Attorney
who is the Chief law officer of the Applicant" regarding the legal
authority of .the~ Applicant to make.' this request, to accept the trans-
fer, and operate any property involved, ~nd to perform its obligations
under Title VI' of the Lanham Act. The.Mayor ~shall immediately forward
three certified copies of this resoluti6n, together with the/opinion'
of the chief law officer to the Public HoUsing. Administration',. and
the same shall be the Appllc~nt's request~ .for relin~uishment and trans-
fer of ~Che housing described hemrein. . -: "
VI'.' iT IS UNDERSTOOD AND AGREED that the'net revenues
other proceeds .frOm the housing shall .continue to accrue to the United
States until the end of the month in which the .right, .t'itle, and'
interest of the United States with respect .t6 .the property are re-
linquishe. d and transferred and that taxes or payments ,:in lieu of taxes
will be prorated as of the end of the month in.which the transfer is
made.. 'The Applicant will pay for at book value~ and accept an assign-
ment*of all 'delinquent accounts of tenants still oc'cUpying the housing
at 'the 'date of trans£er and will assume the contracts 'and obligations
' of' the United! States which extend'beyond"the date of'such,transfer
and Which may not be terminated by the United' States prior to said
date Of transfer;.-. : · -~.+ ~¢,
.VII. BE IT FURTHER RESOLVED that the Mayor be and. is hereby
erapowered.to t'ake such other and'furthe~'.action as may be necessar~y
in order,to effect a 'relinquishmerit and transfer of the-housihg,
and he ~ ¢Shall immedi'ately enter 'into negotiat'ions for the' 'acquisition
· of such interest in land as may be necessary. tO comply with the con-
..... ditions_:~,-- transfer, and -wi.~th~tkt~..Resolu*tion sha~l~ ?~or~ard- to. the-~
Public, Housing Administration the plans of the. applidant with regard
to the mannsr and means of securing sncR interest, together with
4'
an estimate of the time which will-be required to secure the same.
VIII.- As used in this re solution.'l the t~rm "veteran" shall
mean "a person who has served in active military or' ·'naval service
of the United States at any time· on or ~after Septlember. 16, !9.~0
and prior:'.to July 26, 1947, or at any time 'on or after April 6,
1916 and prior to November ll, 1918, and'who shall have been dis-
charged 'or released therefrom under conditions other than dishonorable.
The term "servicemen" shall mean a person. in the . active military or
naval. service' of-the United States who has served therein on or after
Septembe.r. 16, 1940 and prior to July'26, 19.47, 'or at ~any time on or
before April 6, 19i6 and prior ~'o November ll, 1918".
'I .HEREBY..CERTIFY that the foregoing Resolution-was passed
· . -and 'adopted-by '-the- Council of the' City. of' BakerSfield 'at a regular
meeting thereof held On the' 8th. day of September,-1953, by the follow-
.ing vote: . ' '
AYES: CARNAKIS, COLLINS, CROES,' EVELETH, 'SAUNDERS; SULLIVAN, VEST.
o s · ·
liE: ....... ' .......
ABSENT: .............. ":Zl.~..~.~P,.Z,' -"-'---""
....... :: .~:::.:::..~ :.;, _~o.~un'~il,:...gf. the City.:,.of Baker. sfield.:-:
:1953 - '
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