The URL can be used to link to this page

Home My WebLink AboutRES NO 19-53 RESOLUTION NO. /F- ~ RESOLUTION REQUESTING TRANSFER OF TEMPORARY HOUSING PURSUANT TO TITr.~ VI OF THE LANHAMI ACT, WEEAS, Public Law [~75, 81st Congress, authorizes the Administrator 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 Stakes in and with respect to certain temporary war and '~eterans, housing prOJects to eligible bodies~as defined ~herein, and ~.. " +. ! · WHEREAS,' the CITY OFI~-~.~AKERSFIELD, hereinafter referred to as the-Applicant, is a'body eligible fop the .transfer of and desires to have transferred to it the temporary housing hereinafter ·described, and · -_. 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, NOW, THEREFORE, BE IT RESOLVED by the City Council of the CITY 0F BAKERSFiELD, _as follows: I, The Applic'ant does' hereby request the Public+ Housing :.. Commissioner-to relinquish and 'transfer without'' monetary consideration (except for the payment for any Federal .lands or interest therein -which mn~ght be required and except 'for tb~ settlement of any accounts b~tween the Government and the Applicant) all right, title,-and interest o~ the United States in and with respect to the temporary housing known as SOUTHERN PACIFIC HOES - Cal-4060, located in the City of Bakersfi~!d, County of"Kern, a housing project of temporary construc- tion, comprising fifty dwelling structures and containing fifty family dwelling units, and two non-dwelling structures of the following numbers land types ~l~Sin~g~le-family dwellings numbered 2633 to 2682, inclusive, one laundry building, No, .2683 and one administration building on'file'in ~,~'of'f e o the, A' nlstrnto~ as indiested on the site plan ~~i~~~ 11o (n) The Appltcan~. rep~enent~ ~h~t It ~poe~. to' ~ t~on o~ ~tsm .- ~o~ $~h f~l~s first profe~e~ ~h~l be ~n ~o · co~e~dm ~ ~coM ~fe~nc~ sh~l. be :~n to f~lies .,SecOnds 'to f~lies of o~r ~te~ ~cl ee~oe~nl ~d f~ltes of ~sabled ~ra~ w~ae .disabilt~ has ~en comc~d, ~ acond p~fe~nce ~i~11. be ~iven tc f~il!es cf dece~d ~~s ~ ~icemn w]mse ~ath m femd .~~t to ~s ~quest, gi~ such p~femr~es: ~ · ~fe~e ~ · ~ivttles as t~ g~O~t~. of establi~nt of n~qua~ 4. rution, or (b) for any other use ~.~unless the governing body of the municipality or county shall have adopted a resolution determini~ 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 re si denti al occupancy, or. lease · of non~dwe lling 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. proceedings 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 1~ shall be c'onstrued 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, 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 ~ thereof. · ~ · 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~, snd if such interest is in the form of a temporary .use'either by contract or con. detonation the Applicant will obtain the ·releases ·required by said Section, IV, That the immediate purpose for which the housing is sought is t0 pr~ovide housing, for families in the 0ity 'of Bakersfield and that suchI housing. is eligible ·for transfer pUrsuant to Section 601 (b)1, V, The Mayor shall ~obtain the ~°opinion of the~'City Attorney who is the chief law officer of th~ Applicant, regarding the legal authority of the Applicant to make this request, to accept the trans- fer, and ~operate any property* invol~ed, and.to perform its obligations under Title VI of the Lanham Act, The Mayor shall immediately forwardl- ~ three.~-ce~tified~copie~sof.~this r~u~t_~n,..~qge~her.with the opinion of the chief law 'officer to thePublic.'HoUsing Administration, and the same shall be the Applicant's request~ for relinquishment and · transfer. ofI the housing described ~herein. VI. IT IS UNDERSTOOD AND AGREED that the net revenues or' other proceleds f~om the housingshall continue to ·accrue to the United States until the end of the month in which the right, title, and interest of the' United States with.respe6t ~to the property. are re- linquished and transferred ·and that taxes L-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 ands accept an assign- ment of all delinquent accounts I 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 to tat~e such other and further action as ·+maybe. necessary in order to effect a relinquishment ~and'transfer of the 'housing, and' he shall immediately enter into negot~iations for the acquisition of suchI interest in land as may be necessary to comply· with the conditions 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 re'Solution the term ·"veteran,' shall ~ · mean "a person.who has served in active military or naval service of the .United States at any time on or after September 16, 1940 and prior to J~uly 26, 1947, or at any time. On or after April 6, 1916 and prior to November' 11,1918, and-who shalll.have been ~discharged or~ .released therefrom under conditions other than dishonorable, I The term "~.icemen'~' shatl-me an~-a-person~in .the~ aotive~:mititary, or naval- service of 'the united States who has served tHerein on or .after September 16, 1940 and prior· to.July 26, 1947,. or at any time on or before 'April 6, 1916 and prior to NoVember ll, 1918". .' IX. BE IT FURTHER PROVIDED, that. whereas', 'there is at theI present time a program of slum clearance· in the City of' Bakersfield in that Certain section commonly known and designated as the Sunset- Nayflower District wherein it is established that there are at least one' hundred thirty subsstandard owner-occupied houses, which it is' the .desire of the City, .in cooperation with the residents of said. area, to improve and bring up to 'standard within the means available to the residents of said area, and . : · WHEREAS, special conditions'exiSt wit~in.'-said city which may require the establishment or +tran.sfer Of the housing units now located in the SOUTHERN PACIFIC +HOES project, No. CAL-4060, for the benefit of residents in said Sunset-Mayflower lDistriCt, with the view 'of~eventually transferring said units to be~ individually owned persons benefited therefrom, and . WHEREAS, it is the purpose of the City to operate said project for a period of time not to exceed+three years from lthe termination of the present lease on said property, -and to~place the profit, if any there be, in a special fund which will be ·devoted to' the improvement of the· area wherein said housing ·units. shall be ultimately placed, WHEREAS, it is the intent of the City to permit the ~transfer of Ithe Units to Said Sunset-Mayflower District as vacancies occur in said Units at their present location,+ and-.to give preference to persons having ~dwellings to be replaced by reason of being.~ sub-standard and by reason of not being able' to be bro~ht up to a standard of health and safety, in accordance ·with .the 'order of~prei~erence specified by law, and' WHEREAS,-it is the intent of the+ City that the units Ibe ~Sold~at~a.~fair. market value basis over an extended period of time to fit the needs-of the individual tenant-purchaser. IT IS, THEREFORE, RESOLVED that said. City request the Federal Government to transfer said housing project C~AL-4060 to the City of Bakersfield, subject to the terms .and conditions hereinabove set forth, and the City Manager is hereby authorlined to obtain an.option to lease said property for ape, riOd ~no~ to-exceed. theeel (3).yea~s from and after the termination of Ithe lease now in effect between the Southern Pacific Company and' the United States' Government. =. --- .... o0o-" .... ., I HEREBY CERTIFY that the foregoing Resolution=was passed and adopted by .the Council of' the City of Bakersfield at a regula~ mseting.~thereof .held on the 30th day~ of March, 1953, by the follow- ing vote: Ci = 2r~' ~n~' erk of CounCil of,the City of Bakersfield. RO.VEDthy of Ma~ch, 1953. APP ~hy~o~~