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HomeMy WebLinkAboutRES NO 18-53 REsonb o No. 5,9 RES0LUTION REQUESTING TRANSFER 0F TE]~PORARY HOUSING PURSUANT TO TITLE VI 0F THE LANHAM ACT. WEEAS, Public Law 475, 81st Congress, authorizes the Ad- mtnistrator 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 States in and with respect to certain temporary war and veterans, housing projects to eligible bodies as defined therein, and ' V~IEREAS, the CITY OF BAERSFIELD, hereina~ter referred to as · the Applicant, is a body eligible· for the ~transfer. of and desires to have transferred+to it the temporary'hoUsing hereinafterdescribed, and ,' . . V~HEREAS, 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 CITYOF BAKEHSFIELD, asfollows: .,, I. The Applicant does· hereby' request the Public Housing Commissioner to·relinquish and transfer without monetary consideration (exeept for ~he payment for any Federal lands or interest therein which might be required and except for' the settlement of any. accounts between the Government and t he· Applicant ) all righ~, title, and intere st of the United States in and with respect to the' temporary housing known aS- SANTA FE HOMES '- Cal-4986,. located in the City of Bakers- field, County of~Kern, a housing project of/temporary construction, comprising fifty dwelling structures and. containing fifty family. dwel'ltng units, and two non-dWelling structures: of ~the follgwing numbers and types sing!e,f.:amily dwellings numbered 6354 to 640~, inclu- sive, one laundry building, No.· 6404 and'one administration building on file in the office of the'Administrator as indicated'on the site plan aJ~~xUx~Q~~x~~ of the Housing and Home Finance Agency' ~w.Jx~~, together with personal property,. appurtenances,' and materials held in connection therewith. . ~II. (a) The Applicant represents that lit'proposes to the extent'permitted by law and so long as the·Istructu~es' herOin requested remain in housing I·use aS among eligible applicants for occupancy'in dwellings of given sizes and at Specified rents to extend the.followingpreferences inthe selec- tion of tenants: ~ First, to families which are to be 'displace~. by any low- srent housing project or by any public slum-clearance or redevelopment project initiated after January l, 194V, or which.were so displaced' within three years'priOr'to making application for admission to'such housing;.andas among such families first preference shallbe 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 and servicemen; - Second, to families-of Other veterans'and. servicemen;'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;. Provided,'that notwithstanding such preferences the Applicant.will, in filling vacancies in housing~.trans- fe~ed pursuant to this request, give such' preferences'to military personneland persons engaged in national defense or mobilization activities as the Secretary of Defense or his'designee prescribed to~such applicant. I.. · (ii)'-To. manage and operate'.the property involved in accord- · ance with sould buShess'practices, including the 'establishment of adequate reserves. (b)' The Applicant further represents that it proposes to the extent permtttedl/'by l~w: . ./ property (by sale, t~sfer, gra~,' exchange~ mor%gjg , ....... - , lease, release, termination of .the leasehold, or~.any other relinquishmentof interest) either (a) for-housing use on the present' siteor on any other site except to' a State or .Political subdivision thereof, local housing authority, a local public agency, or an educational 0r eleemosynary insti- tution, or (b) for any other use .unless th'e 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 on the date of' transfer, or where such disposal.is the result of a bona fide foreclosurel or other! proceedings to enforce· rights given as security for a loan' to pay for land· under this sectsion: And provided further, that nothing 'cOntained in this Paragraph 'II shall be const'rued as applicable to the.disposition of any land or interest therein after the removal of the structures therefrom. · -(hi)' 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 struct~u~s terminated fo~ housing use and clear the site ·thereof. III. The Applicant will. acquirel 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 801 (b), and if such interest is in the fq~m of a temporary use either by contract or con- demnation the Applicant will obta'in the releases required by said Sect ion. · IV. That the immediate purpose for which the housing is sought is to provide housing for families In the City of Bakersfield and that such housing is eligible. for transfer pursuant to Section 601 (b). V. The Nayor 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~e this request,. to aCCept the trans- fer, and.operate any property inyolved, and to perfl~orm its obligations under Title VI of the Lanham Act. T~e Mayor shall' immediatelye. forward t~hr~e6'~e~tifiedl copies of ~th~s~I~ resoluti'~h~--t0.~E~e~6~'~ith the opinio~n of the chief law. officer to the Public Housing ·AdminiStration, and the same ·shall be the Applicant,s request for relinquishment and~ transf'e~"of' the housing described herein,/~ -~ VI. IT IS UNDERSTOOD AND AGREED .that~Ithe net revenues or other proceeds from the housing Shall continue ·to accrue to the United States until the end of the month in which the right, ti~ie, ~and interest lof theeUnited States with respec.t to the. property are linquished and transferred and ·that·taxes or payments' in lieu of taxes will-be prorated. as of the end of the month inkwhich~ the transfer is · made. The Applicant will pay. for at book value and.aCcept* an assing- ment of ~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 ~b·y the United States' prior to said date of transfer, VII, BE iT FURTHER' RESOLVED that' the Mayor be and is hereby empowered tO take such other and further action asLmay be necessary in order to effect a relinquishmerit and .transfer of .the housing, and he sahll immediately enter into negotiations fo~ the* acquisition of such 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,' toge·ther with an estimate of the~ time ~which will be required to secure the~-same. VIIi. As used in this resoluteion. the term "velteran" shall mean "a· person who has served in active military or· naval service of the IUnited ·S~ates at any-time on or after September 16, 1940 and prior to ~July ~6, 194v, or at any time. on-or after ·April 6, 1916 and prior to November ll, 1918, and who shall have been discharged or · released therefrom under conditions other than dishonorable. The term~ "ser~vicemen~ shall~ msan a pe~son~ i~-~the., act~ve mi,tita~y or naval service of the United States who ha~ SerVed the~e~n on or afte~ Septembe~ 16, 1940 and p~io~ ,to~ July ~6, 1947, or at any time~ on o~ 'before April 6, lel6 and p~ior to November~ ll, i918"j~ ~ · E.. BE .~IT F~R pROViDE~that'~whereas, thes~e is at the present time a program of slum clearance in the City of Bakersfield in that certain section commonly knownand designated.as the Sunset- Mayflower District wherein it is established that there are at least one hundred thirty sub-Standard owner-oCcUpiedlhouses, '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-within said City which may require the establishment or transfer Of the housing units now located ~in the SANTA FE HO~E'S project., No. CAL~-4986,.'for the .benefit Iof residentsin said Sunset-Mayflower District, 'with the niewlof eventually transferring said Knits to be individually.owned..by persons benefited therefrom, and I.. 'WHEREAS, it is the purpose Of .the City.to operate' said project for a. period of time not to exceed three years from the termination of the present lease on said property, and to place the.profit, if any there be, ina special'fund which.will be .devoted to. the/'improvement' of the area wherein said housing units shall be ultimately placed~ and WHEREAS', it is the intent of the City to permi~ the transfer of the units to said~Sunset-Mayflower'District as vacancies-occu~ in said units at their. present location, and to give'preference to perlsons having dwellings to be replaced by reason'of being'sub-standard and~ by reason of not being able to be brought.up 'to a standard of health and safety, in accordance with the order or 'preference specified by law, and '~WHEREAS, it lathe intent of the city that the'units be Sold at a fair market value and that payments be made On a monthly basis/ over '~n extended,'period of time to fit the ~eds of the individual tenant-purchaser.. IT IS, THEREFORE, RESOLVED that Said City, reques~the Federal Government. to transfer Said housing prOJect CAL-4986 tO-the City of Bakersfteld, subject to thetermsand conditions hereinabove'Iset forth, and the City.Manager is hereby authorized to:obtain an option t~ lease ·'said property for a period' not to exceed three (3) years from and after the termination·of the-lease now in effect between the Atchison TOpeka & Santa Fe Railroad..Company 'and .the United. States Government. I HEREBYCERTIFY that the fOregoingResolution.was passed' .' and adOpted-'by the Council of the City~of Bakersfield at. a regular meeting thereof·held onthe 30th day of Mar. c'h,·1953, by the:follow- ing vote: :' comcil of the+ C. tty-of. Bakersfield.