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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 - ' .