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.