HomeMy WebLinkAboutRES NO 47-53 RESOLUTION NO~.7'53
A RESOLUTION APPROVING AND AUTHORIZING THE
EXECUTION OF A COOPERATION AGREEMEN. T BETWEEN
THE CITY 0F BAKERSFIELD AND THEHOUSING
AUTHORITY OF THE COUNTY OF KERN.
WHEREAS, there exists in the City of Ba~rsfield a low-
rent housing project for persons of low inco~e which was
originally located and developed on a site outside of the
City of Bakersfield, but such Project site was thereafte~·
annexed to the City, and is being administered by the Hous-
ing Authority of the County of Kern, a publi6 body; and
WHEREAS, it is considered desirable and appropriate
for the City of Bakersfleld to enter into a Cooperation
Agreement with such Housing Authority in accordance with
Section 15(V) (b) (i) of the U.S. Housing Act 6f 193V, as
further amended by the Housing Act of 1949 and ~Sursuant to
the Housing Cooperation Law of the State of California,-
being more particularly Division 24, Part 2 9f. Chapter .2
of the California Health and Safety Code.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF BAKERSFIELD:
1. That pursuant to the provisions of the above-
mentioned California Housing Cooperation Law,
the City of Bakersfield sho_ll enter into a
Cooperation Agreement-with the Housing Authority
of the County of Kern in accordan6e with the
· above-mentioned U.S. Housing Act of 19~V as
amended, which Cooperation Agreement shall be
in substantially the following fo~m:
This Agreement entered into this , 31st day of August .
19~. by. ~nd betweem ~he Housing Authority of
'(heroin called'the "Local Authorlty")~nfi 'the City n£ 23akersfleld
(heroin called the "Municipality"). witnessorb:
~n consideration of the m~atual covenants h~erslnafter set
forth, the' parties hereto do agree as followas
1. Whenever used in ~his A~ree~ent:
(a} ~ tarm aPteject" shall ~nean, ~i~t low-rent hous-
Ing'~owned by the Local Authority and ~nown ~s "Adelante
Vistas, Project No. CAL-8-2. consis~in~, of-~O 'dwelling
unitS. which Project is now situated in the ~'~nicipal-
i~y. 1~e parties to this A~reement acknowledge, (1)
that the fro Jeer was developed and operated prior to
March 1, !~, by the Local Authority pursuan~ to 'a
Cooperation A~re~ment between the iA~Cal Autl~ority and
the County of Kemp'-(2) that the Project was developed
on lands in the unlncorporated area el~ ~.~ County of
KernX and (~ t2~t the ~ite w~s ~ffectively annexed to
the Munteipalt~y
~b~ t~ne term 'Taxing ~ody" skall ~ean the Sta~ne or any
political subdiwislon or taxin~ unit the'~eo£ in which
'the Pro Jest is situated and mdltch would have au~horiSy
$o assess ~ lewy real or p~r~onal property t~xes or
to eertlfy each taxes to a ta~jn~- body or publ~ offlooP
to be levied fc~ its use ~nd 'benefit wi~h respect to the
ProJec~( if ~t were net exempt from taxation,
(C) T~':teX~ 'Shelter tlent" ~11 ~:an th~ total of ,all
charges to aXl tenants of th~ Project for dwelling rents
and non-dwelling rents (excluding all oth~r IrAcome of
the Project), less the cost to the Local Authority of
all dwellflag and non-dwollin~ utilities,
2, :,:~ Local Authority represents
~ro~ee~ was developed with the financial assistance of the !~ubllc
Houain~ A~ministratton (heroin called the "Pi~") and ~t the
Project is subject to a valid ~d subs~s~tn~ Contract fo~.Fin~-
cial A~sist~ce ~th t~ P~. ~e Locsl Au.~rity ~lsO represents
~d Ce~tifles t~t ~ ~uivale~t Eii~Ination Preyislets of ~he
said C~tract f~. Fi~cial Asaist~ce with ~e ~I~ ;~v'a been
satisfied In f~l pTt~ to t~ execution of tMs Cooperation.
A~reement. ~d' ~t no obll~aticn s~.ll' be Ir.lpose~ on the l~ci-
pality for t~ ellml~tlcn ~ ~y m~e Or ~nsanitey dwelling
units in connection with the Project.
Under the constitution ar~i ,statutes of the s~ate
of California, the Px~oJect is exempt' from all real and ~rsonal
property taxes and special assessments is ~ied or imposed by any
.Taxing Body. With respect to the Project, so lon~ as either
such ~roJect ~$ owned by a lxxblic body or ~;overrnnent~l z~ency and
~s used ~or low-rent houstn~ purposes, or (ill s~ay oontrsct be-
tween the Local Authorit~ a~d the i?IIA for loans cr armUal
contributions, or both, .in tenreaction wi~h such ProjeCt remains
in force and ~ffect, or (iii~ any bonds issued ~n cormscrOon with
such FroJest or any monies due to the ~'.~ ~n connection with ~uch
~roJect remain unpaid, wMc~ever pe~i,od, ts theion,jest, the
M~nicipality a~ees that it will not levy or impose any veal
personal property taxes or special assessments Upon such P~oJect
or. upon the LoCal Authority w~th ~.$speot thereto, Co~raenclng ~s
~o~ed In Paragraph ~(b) ~reof and,'du~InE ~e ~.minder of the'
~T~od described In the preo~tn~ .sentence, the ~al Authority
s~ll eke ~nual ~~ts (~rein called .~ey~nts in Lieu of
'r~es~) tn lieu of ~Ch taxes ~d special ~sses~ents ~nd ~
~nt for ~e public settees ~d f~cIlitiss ~xfi~hod ~om
t~ to ti~e ~thout o~ cost or ch~;Zs for or with ~s~sc~ ~o
t~ Project,
~b) E~ch ~ch ~1 Fs~en~ in LIeu of Taxes shall be
~de .after ~e end of ~he fiso~ y~ar established f~ ~!~e Project,
~d a~ll ~e in '~ ~o~t e~l ~ either (i) ~sn-percent (10~) of
t~ aggragate S~lter Rent charged ~y t~ .~'cal Authority in re-
,p,c~ to t~ Project ~rtng ~ch fisc~d year or (il) ~$ muount
pe~mf~ ted to be. paid by ap?lfcable s ~a%$' law .in] s!'?leCt.' on ~he date
.'such.paint fsmade, whichyap amount IC ~llo Iowe~; p~ot'~dod,
'shall relate to ~he ,Shelter Rents .ci!~rfipd dur!n,U ~J~_e .k~inc,~l 'yoa~..
promptly ~. tile ~c~ Autho~ty after .ti~' .sxecu ~ion' foi~ this '.
' C~pera ~ion A~eemSnt b~' ~th '~,,ties, : "
-. Li~a of Taxes "~ong t~ Tax~g BO~aS'~ t]~ ~>~o~ortion which. the
~ea!' p~oper~"tmx~s. ~l,ch would ~e ~een p~Id.to sack ',~EXing ..
Body fo~" mob' ~a~ if the ~roJeCt wer~ not axe~ipb from taxation'
be~s t~ tI~ tot~ real proper~.. ~axss. ~hiCh .would. ha~e. b~sn' paid
to alt of 'ti~ T~ing S~les' for ac~'~a~. ~ ,~he Prc jv~:ct
exempt. from ta~tlon; P~o~ded, ~-~~,. Fb~C no ;?a~nt for
Year. shall be 'rode to ~y T~' ~dy in 'excess ol~ the S~;~oHn-~
Bo~ .fcr Such 'yoar tf the Project ~ere not exempt ~ron~ ~xat~on,-.
Pay~e~ iR Li.e~ of .Tins, nO lien a.~;ef~t tne"j'~uJec~ or assa~:
of the ~c~ Au~horlty sh~l attach, nm? sh~l ~F' IntereSt oP.
.~n~l'ties accrue or attach on account th.ereof,~ . "' .. "~
' 4' D~i~ tM peri~ comencing:with the daue of the
~.e~acton to 'the ~eip~ity of Ion .sk'te 0f ~e
continuing.an lo~.as elt~r (l)the ~i~rojscc Is ..o~cd by
body o~~ governrental a~ncy aM Is used.-for.io~Pent i:ousl'ng
poses', or .( ti ) ~. ~ntract- batten the Local .AuCho~-t'~.y snd'ths
P!IA for lo~ns' or ~ual contPi~a~ons, 'om. bo'~h, in
with-.t~ .Project remlm in rome ~d affect, o~' .(ili)"any bonds
P,~ In Connection with the Project re~ain un,~ai~,
(a~ l~miah or cause to be ia:tshed Co' the Zoos
Autaority ar~ the ten~a .of ~roJ~Ct ~biiO
t~ s~e extent aa are "f~r~.shcd froa ti~e ,~G. ti~e
without cost or c~r~ to o~h.~r dwellln""s and. ird~bit-
lawful ~ctXon or ways as ~ne L,~mic!p~l~t':/. ~-md
. Aut~r~ty may find necess~i'. In c~,.eo~ion ~i~h
m~atrat~on of such P~o~act;.provided, $h~t
.~o~sian of this COoktattoo. A~:raa~ent sV~Hil ~e .con-
"which Ha-~e not been ae~io~ted ~O ';O'u:~lic use
~AiCh 'dO. not ~nr~m to u~u~l s~;ndards of ~he :hAnicl-
pali~y for streets
~, if by reason of t~ ~unic.~pailty's failure
to f~nlah"or cause ~ be furnished
facilities which it Mas .agreed.her~un~!er ~o ~ib,~liah
tO be'f~ni~hed to ~ ~' Authority ot. to 'the-t-en~n:;s of the:
Project, t~ L~al Authority inc~s ~Y expense i:o o"-~tain ~ac!~"
services or fscilIties, ~en ~he ~cal ~nthor].ty n~y de~ct the
~o~t of such' e~nse from ~'.Z~s~asn~s ~n.Eieu ef .'t~axss,-due
~y ot~r Iow~ent h~lng ~o'Jec~s. owned'or o~rated 'by the
~c ~ Au~o~Ity; prodded... t~t nothint Zn. th~ $ Coo~e:~,'atlon A~Eree-
sent shah 'au ~i ze t~ ~cal A~oPI r~y tO d~duct from any
Pa~ent5 in'LIeu of T~ss due or to 6Scorns du,, to '~ne F4untcZPality
in respect' =o t~ Project any ex(~enssa oi' the Loc~ A~thority i'oP
the maintenance of streets on -.tho a~ro~ect, w~.iO.~L~.~._~>.o,~ boon
defeated tothe 'public use a~ accepted fo~ s'~.ch ]~u~j;~;'oc:e by the
'6. ~. lon[jl as any ~ntract be~we~an'tI~e LoCal
the P}~. for. lo~ ( m:lud~ng preltmlna~y loan~ ) or ~nual contm~i-
butions, or' both, 'in ~mectlon ~h '~he Projec~ rs~xalna !i~ force
eel '~ %e
~nd 'efi':'ect, ·o~ so long as maF .l~nde 1stored tn ~m~e~1on ~1~h ~he
~oject orgy sontea due ~o the FHA in connectlon wl~'~.
gallons of ~e ~nlclp~ity'hereunde~ ~h~ll. resin In full force .
~d effect with. megcut $o t~ Project ~o'lon~j '~as ~he beneficial
ti~le to ~he Project Is held by. ~e L'oC~i Authority
o~er public hodF or govsrm~nSal' n.gency, tncludln~i
=~thorized by law to e~a~e in t~ development or.
of low-ran= housing WoJecte, If 'at '~y .time the .veneflclal..ti~le
to, Or' %~os~e'ssinn'of, t~ Project ts held .b~' suca o~her
body or ~?'over~ent~ agency, i~iudln~% the ?ff~, the F~ro~!siOns
hereof $t~ll inure ~ ~e bedfit'Of ,nd :n~.y ~e enf~csd
o~her '!rob!it 'body or gover~ent~ a~.ff, ency,'inclu~inf~ 'tfxe
h~v~ r~D~etivel'y sl~ned this Agreon~nt and osused..t,hefr seals to
be affixed ~d 'attested as .of. ~he da~ ~;I~t year' first 'aooVe 'written,
COUNTY Off
Attest:
That the Mayor is hereby authorized and directed
to execute, in as many counterparts as may be
requL~ed, an Agreement substantially in the
form set forth in paragraph I hereof for and
on behalf of the City of Bakersfield and the
City Clerk is hereby authorized and directed to
tmpress~ the seal of the City of Bakersfield and
to attest the same, Th~ Mayor is further auth-
orized to insert in the executed Cooperation
Agreement the date of execution thereof.
That this Resolution shall take effect immediately.
-- - o0o
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 31st day of August, 1953, by
the following 'vote:
Ayes: Carnakis, Collins, Croes, Eveleth, Saunders, Sullivan, Vest
~oes: ~one
Absent: None