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HomeMy WebLinkAboutRES NO 48-53 RESOLUTION NO. 48L53 +RESOLUTION AMENDING RESOLUTION NO. 18-53 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 fili~4E 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 States in and with respect to· certain temporary war and veterans' housing projects to eligible..bodies as defined the r e i n~,.~ and', · WHEREAS, the CITY OF BAKERSFIELD, hereinafter'.referred 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, the City· 0~ .Bakersfield did on the 30th day of March, 1953, 'by Resolution No. 18-53, make application for the transfer to said municipal corporation of a ·certain housing project known as SANTA FE HOMES~- Csl-4986, located in~ the ·City of Bakersfield, County of Kern, State 'of California, - and WHEREAS, in said petition certain provisions were' contradictory to the provisions of the Lanham Act, 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 of said Lanham Act. NOW, THEREFORE, BE IT RESOLVED' by the City.'Counctl of the ICity of Bakersfield that said ~etttion. be and the same .is hereby I amended to read as follows: I' The Applicant does hereby request the' Public 'Housing CommiSsioner to relinquish and transfer without monetary 'considera- tion (except for the payment for any Federal lands or interest-therein which might be required and except for~ the settlement of any .accounts · between ~he Government and the Applicant) all right, title, and inter- est of the United States in and with respect ~to the temporary housing' known as SANTA FE HOES -Cal-4986, located in the City of Bakersfield, County of Kern, a!housing .project of temporary construction, compris- ing· fi~IdWelling structures "and containing fifty family dwelling Units, and twoI nonedwelling structures Of the following numbers and types:-Single-family Dwellings Numbered 635~ tO 6403., inclusive, one Laundry Building, No. e404 and one Administration Building, as indicated on the s~te pl'an attached as "AppendiX~A" and. made a .part ' hereof,· together with personal property, appurtenances, ~and 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 to be displaced by any low- rent housing project or ·by any public ,slum-clearance redevelopment project initiated after January 1, 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 t~· families of other veterans and servicemen; .................. If, Sec ~nd, ~' to-~familie S-~ Of~other~~Ve~e~ans! ~d~ s~&emen'!~; and as among such families firs~t .preference shall be given to families of disabled veterans whose disability has been determined by the Veterans Administration to he 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 notwithstanding such preferences the, Apptican~ wikl, in filling vacancies '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 further 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 leasShold,.~r any other ~elinquishment of interest) either (a) for housing use on ~the present site or on any other site except to a State or political subdivision thereof, local housing authority, a local public agency, or an'educa.tional 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 repreS'~tation will not apply to any disposal t~hrOhgh' demolition for salvage, lease to tenants for residential occupancy, or lease of non-dwelling facilities for the continuance-of.a use existing on the date, of transfer, or where such disposal· is the result of a bona fide foreclosure or other proceeding to enforce rights given as security for a loan to pay. for land *under this. section: And pro~idad' further, that nothing 'contained in this Paragraph 'iI shai1 be corfstru~d as applicable to the disposition~ of any land or interest therein after the removal of the structures therefrom. (ii) Whenever the structures involved, or a substantial portion thereof, a~e' 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 thereof. iIIo The Applicant will acquire the interest of' the ~United States in aBd 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' relesses*~'re. quired by 'said Section. IV. That .the immediate purpose'for whlich the hous. ing is sought is to provide housing for families in the City of Bakersfield and ? that such housing is eligible for transfer pursuant toe Section 601(b). V. The Mayor shall obtain the opinion of the City Attorney who is the chief.law officer of the Applicant, regarding the' legal- authority~of the Applicant to ma~ this request, to accept the trans- fer, and operate any property involved, and to perform its obligations under Title VI of the Lanham Act. The Nayor shall i~mediately forward three certified copies of +this resolution, ·together with the Opinion of the-chief taw officer to the Public'Housing Administration, and the+ same shall be the Applicant'S request for relinqUishment and trans- fer of the housing described herein. VI. IT IS UNDERSTOOD AND AGREED that the net revenues or other pr'0beeds from the housing shall continue to accrue to the United States until the end of the month in whic~h the right, title, and interest of the United States with respect to the property are re- linquished and transferred and that ·taxes or payments iniieu of taxes will+be prorated as of the end of the monthin which the transfer is made. The 'Applicant will pay for at ~book value and accept an assign- ment 0f~ all delinquent accounts of tenants still occupying the housing at the date of transfer 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 empowered t0. take such other and further action. as may be necessary in order toeffect a relinquishment and transfer of the housing, and he shall immediately enter into negotiations for the acquisition of such interest in land as may be.neCessary ~o.comply with the con- I~_~, -,~- ~.'~L- ..... .- _ ~U~- ..... 1 ..... ~ . ~ -I ditions of transfer, and with this ResOlUtion shall forward to the Public' Housing Administration the plans of the applicant with regard to the manner and means of securing such .interest,[..together with an estimate of the time which will be required to secure the same, VIII, As used in this resolution the term "veteran" shall mean "a person who has served in active military or naval service of the United. States at ~ny time' on or after September 16,. 1940 and priori/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 ~ishonorable. 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 September- 16, 1940 and prior to july. 36, 1947, or 'at any time On or before April 6, 1918 and prior to NoVember ll,' 1918",. ...... o0o I HEREBY CERTIFY that ~he foregoing Resolution was passed and adopted by the Council of ~the City of BakerSfield at alregular meeting. thereof held on the 8th day of September, 1953,. by the follow- ing vote: .. ....... C'ounoil--of 'the' City of BakerSfield'. APPEOVED this 8th da~ of September, 19~3.'