HomeMy WebLinkAboutRES NO 01-51 RESOLUTION N0.1-51
In the Matter of P~blic Improvement District
No. 684
A RESOLUTION APPROVING AND ADOPTING PL~
AND CAREFUL ESTIMATE OF COSTS AND EXPENSES
OF WORK OF IMPROVEMENT OF CHESTER AVENUE
BETWEEN FOURTH AND EIGHTH STREETS IN THE
CITY OF BAKERSFIELD, CALIFORNIA.
WHEREAS, the City Engineer of the City of Bakersfield has
submitted to this Council a plan consisting of two (2) sheets
entitled "Plan for Public Improvement District No. 684," together
with a careful estimate of the costs and expenses of the following
work to be done and imp~0vement to be made in said City, to wit:
The removal of the existing center parkings on Chester
Avenue between 4th Street and 8th Street; the removal of approxi-
mately 1500 cubic yards of roadway excavation from the center park-
ing area and the replacement of said excavation with 1300 tons of
imported borrow material; the preparation of subgrade in the center
parking area and the paving of the area with a 2 inch base course
of "Dense Grade" plant mixed surfacing; the preparation of the
existing pavement surface by the filling of all surface cracks and
the heater planing and removal of the sur£ace course of' the existing
pavement and the resurfacing of the existing pavement, including the
area from which the center parkings were removed, of Chester
Avenue between 4th and 8th Streets, with l' inch "Dense Grade"
levelling' course and i inch "Open Grade" surface course. of plant-
mixed surfacing; the removal of the existing open gutters on the
east and west side of Chester Avenue at 4th Street and the +con-
struction of 26 inch part-circle culverts in place thereof; the
0
removal and ~eplacing of curbs, gutter and sidewalks where sho~n
on the aforesaid plan for said work, and
WHEREAS, it is contemplated that said work and improvement
will be done and made by special assessment proceedings taken pur-
suant to the provisions of The/IImprovement Act of 1911, and
~HEREAS, it appears~.~to this Council that the aforesaid plan
and estimate are correct in every respect.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of Bakersfield, as follows:
1. That the aforesaid~plan and estimate be and the same
are hereby approved and adopted 'as the plan .and estimate for the
doing of said work and making of said improvement.
2. That any special assessment proceedings hereafter
maintained for the purpose of doing and making said work and improve-'
ment shall be known and designated. as Public Improvement District
e84.
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 ~th day of February, 19~l,
by the following vote:
AYES: CA.'~.I;AI'.IS, CROSS, KUE.HN, MOF, F. LOCT,, SHURLEY, $1EMON, VANDERLEII
.oEs: ....--.'~~* ................................--
ABSENT: .......
C k Clerk of
· k d
C8·uncil of the City of Ba ersfiel ·
the
A PROVED ~is ~th day of February, 19~l.
ssonrT o r m. ,oa
NO .... 9A-51
A P~ESOLUTtON (~ fY'FROVI!~G TiZ DEVELOPiiENT OF LOw-RENT
POE t PRELINI!'~ARY LOAN FOR SUR~YS AND
SUCF PR0,~CT/A}~ APPROVING AND AUTHORIZING T~ EXECUTION OF A
COOPEPtTION AGREEI~NT BETR~EN T~ C!~ OF
AND Tt~ ttOUSING AUTHORITY OF T~ OOb~ 0F
~F~EAS, there is in and about the C~'bv of ~mko~s~eld , (herein
called the" C;tty ") a shortage of 'safe and sanitary dwelling accommodations
available at rents which persons of low income can afford, which condition causes
an increase in the spreading of disease and crime and constitutes a menace to the ,.~
health, safety, morals and welfare of the residents of said City ; and
~HER~AS, the Housing Authority of ~,he County of Kern in
order that safe and sanitary dwellings may be available for persons of low income
at rentals they can. afford, propos~/s to develop and administer a low-rent housing
project or projects of approximately. 250
WEREAS, 'there exists in said
dwelling units~ and
City unsafe and insanitary d~rellings of
a number in excess of 2~0 occupied by families of low income; and
~REAS, families of low-income. in said City of a number in excess of
are forced to inhabit such unsafe and insanitary dwellings because
private enterprise has not made available to such families safe and sanitary
dwellings at rents such families can afford to pay:
N0n~ TtEREFORE, BE IT RESOLVED (1F~te~.~) BY THE COUNCIL OF THE CITY
OF P. !U'.ZRSF I~.. D :
Section 1. That,the Cit~ approves the development, construction, and
ownership of a low'rent housing project or projects consisting of approximately
250 dwelling units by the Housing Authority of the County of
Kern in accordance with Section 8 (b) of the Housing Authorities
Law (Chapter 4, Statutes of 1938, Extra SessiOn, approved }.!arch 21, 1938, as
amended ) ·
Section 2. That the City
ity of the County of Kern
approves the application of the Housing Author-
to the t~blic tieusing Administration
for a Preliminary loan fo'r surveys and planning with respect to the devjlopment
of such projects, in an amount not to exceed ~' 115,000 pursuant to Section 15
/
(7) (a) (i) of the U. S. Housing Act of 1937, as further amended by the Housi.~ng
Act of 1949. ~'
Section 3. That the City shall enter into a Cooperation Agreement wi~h
the Housing Authority of the Cotlllty of Kern in accordance
with Section 15 (7) (b) (i) of the U. S. Hou~ing Act of 19~7, as further amended
by the Housing Act of 1949, in substantially the following form:
LA-I~t-209
(lO-lV-4~)
~ C00PERATI ON AGREEMENT
THIS AGREEMENT, entered into this A~'/I day of January,
1951, by and between THE HOUSING AUTHORITY OF THE COUNTY OF KERN
(herein called the "Local Authority") and THE CITY OF BAKERSFIELD
(herein called they"Municipality"),
WI TNE S SETH:
In consideration of the mutual covenants hereinafter set
forth, the parties hereto do agree as follows:
1,
Whenever used in this Agreement:
(a) The term "ProjeCt" shall mean any low-rent housing
hereafter developed as an entity by the Local Authority
with financial assistance of the Public Housing Admin-
istration (herein called the "PHA"; excluding, however,
any low-rent housing project covered by any contract
entered into prior to March l, 1949 for loans and
annual contributions between the Local Authority and
the PHA or its predecessor agencies.
(b) The term "Taxing Body" shall mean the State or any
political subdivision or taxing unit thereof in which
a Project is situated and m~ich would have authority
to assess or levy real or personal property taxes or
to certify such taxes to a taxing body or public officer
to be levied for its use and benefit with respect to a
Project if it were not exempt from taxation.
(c) The term "Shelter Rent" shall mean the total of all
charges to all tenants of a Project for dwelling rents
and non-dwelling rents (excluding all oth~r'income~ol~'
such Project), less the cost to the Local Authority of
all dwelling' and non-dwelling utilities.
.
(d) The term "Slum" shall me an shy are a where
dwellings predominate which, by reason of dilapida-
tion, overcrowding, faulty arrangement or design,
lack of ventilation, light or sanitation facilities,
or any combination of these factors, are detrimental
to safety, health or morals.
2. The Local Authority shall endeavor to secure a contract
or contracts with the PHA for loans and annual contributions, and
shall endeavor to develop and administer one or more ProjectS. The
obligations of the Parties here to shall apply only to Projects ag-
gregating not more than 250 units of low-rent housing. The Project
or Projects shall be located within the corporate limits of the Munici-
pality.
3. (a) Under the constitution and statutes of the State of
California, all Projects are exempt from all real and personal property
taxes and special assessments levied or imposed by any Taxing Body.
With respect to any Project, so long as either (i) such Project is
owned by a public body or governmental agency and is used for low-rent
housing purposes, or (ii) any contract between the Local Authority
and the PHA for loans or annual contributions, or both, in connection
with such Project remains in force and effect, or (iii) any bonds
issued in connection with such Project or any monies due to the PHA
in connection with such Project remain unpaid, whichever period is the
longest, the Municipality.agrees that it will not levy or impose any
real or personal property taxes or special assessments upon such Project
or upon the Local Authority with respect thereto. During such period,
the Local Authority shall make annual payments (herein called "Payments
in Lieu of Taxes") in lieu of such taxes and special assessments and
in payment for the public services and facilities furnished from time
to time without other cost or charge for or with respect to such Project.
(b) Each such annual Payment in Lieu of Taxes~ shall be made
.
at the time when real property. taxes on such ProjeCt would be paid
if it were subject to~ taxation, ~d shall be in an amount equal to
either (2) the Municipaltty, s proportion of ten percent (10%) of the
aggregate Shelter Rent ch~rged~.by'the Local Authority in respect to
such Project during the twelve m~nths period ending June 30th before
such payment is made, said proportion to be computed as provided in
subparagraph (c) below, or (ii) the mount permitted to be paid by
applicable state law in effect on the date such payment is made, which-
ever amount is the lower.
(c) The Local Authority shall pay in lieu of all taxes each
yea~ on said Project an mount equal to ten percent (10%) of the aggre-
gate Shelter Rent charged by .the Local Authority in respect to such
Project during the twelve months period ending June 30th before such
payment is made. Said payments in'lieu of taxes shall be distributed
a~ong the Taxing Bodies in the proportion which the real property taxes
which would have been paid to each Taxing Body for such year if the
Project were-not exempt~i~i~rom taxation bears to the total real property
taxes which would have been paid to all the Taxing Bodies for such year
if the Project were not exempt from taxation; provided, however, that
no payment for any year shall be made to my Taxing Body in excess of
the ~mount of the real property taxes which would have been paid to
such Taxing Body. for such yea~ if the Project were not exempt from
taxation, and no payment for any year shall be made to the Municipality
in excess of the mount of real property taxes which would have been
paid to the Municipality for such year if· the Project were not exempt
from taxation.
(d) Upon failure of the Local Authority to make ~an~ _pa_yment
in Lieu of Taxes, no lien against any Project or assets of the Local
Authority shall attach, nor shall my interest or penalties accrue
or attach on account thereof.
4- The Municipality agrees that, subsequent to the date of
initiation (as defined in the United States Housing Act of 1937, as
amended) of each Project and ~-within five yea~s after the completion
thereof, or such further ~perio~as may be approved by the PHA, there
has been or will be elimination (as approved by the PHA) by demoli-
tion, condemnation, effective closing, or compulsory repair or im-
provement, of unsafe or insanita~y dwelling units situated in the
locality or metropolitan a~ea in which such Project is located, sub-
stantially equal in number to the number of' newly constructed dwelling/I
units provided by such project; Provided, that, where more than one
family is living in an unsafe or insanitary dwelling unit, the elirmina-
tion of such unit shall count as the elimination of units equal to the-
number of families accommodated therein; and Provided, further, that
this paragraph 4 shall 'not apply in the case of (i) any Project
developed on the site of a Slum cleared subsequent to July 15, 1949,
and that the dwelling units eliminated by the cles~ance of the site
of such Project shall not be counted as elimination for sny other
Project or any other low-rent housing project, or (ii) any Project
located in a rural non'farm area.
5- During the period commencing with the date of the acqui-
sition of any pa~t of the site or sites of any Project and continuing
so long as either (i) such Project is owned by a public body or govern-
mental agency and is used for low-rent housing purposes, or (ii) any
contract between the LoCal Authority m d the PHA for loans or snnual
contributions, or both, in connection with such Project remains in
force and effect, or (iii) any bonds issued in connection with such
Project or any monies due to the PHA in connection with such Project
remain unpaid, whichever period is the longest, the Municipality
without cost or charge to the Local Authority or the tenants
Project (other than the Payments in~LiS!u of Taxes) shall:
(a) Furnish or cause to be furnished to the Local
Authority and the tenants of such Project public
services and facilities of the same character and
to the ssme extent as are furnished from time to time
without cost or cha~ge to other dwellings and in-
habitants in the Municipality;
(b) Vacate such st~ets, roads, snd alleys within
the area of such-Project as may be necessary in the
development thereof, and convey without charge to the
Local Authority such interest as the Municipality may
have in such vacated. a~eas; and, insof at as it is
lawfully able to d0' so without cost or expense to the
Local Authority or I~ the Municipality, cause to be
removed f~om such vacated areas, insofar as it may be
necessary, all public or private utility lines snd
e quipme nt;
(c) Insofa~!~aS the Municipality may lawfully do so,
(i) g~ant such deviations from the building code of the
Municipality as are reasonable and necessary to promote
economy and efficiency in the development and adminis-
tration of such Project, and at the same time safeguard
health and safety, and (it) make such changes in any
zoning of the site and surrounding territory of such
Project as are reasonable and necessary for the develop-
ment and protection of such Project and the surrounding
te rr itory;
(d) Accept grants of easements necessary for the develop-
ment of such Project; and
(e) Coopera~e with the Local Authority by such other
lawful action or ways as the Mun!~i~pal~it.y_ a~d~ the LocaL~
Authority may find necessary in connection with the
development and administration of. such Project.
6o"~-'In respect to eay Project the Z~icipality furt'her agrees
tha~-:wit:kd.n a reasonab'le time after rece'lpt of a written request there-
for from the Local Authority: '
(a) It ~ill ac~ept72~he dedication of all interior
streets, roads, alleys, and adjacent sidewalks within
the area of such PrO~ect, together with all storm and
sanitary sewer mains in such dedicated areas, after the
Local Aut~o~ity, at~ its own expense, has completed the
grading, improvement, paving and installation thereof
in accordance with S~ecifications acceptable to the
Municipality;
(b)
It will accept necessary dedications of land for,
and will grade, improve, pave, and provide sidewalks for,
all streets bounding such Project or necessary to provide
adequate access thereto (in consideration whereof the
Local Authority shall pay to the Municipality such mount
as would be assessed against the Project site for such
work if such site were privately owned); and
(c) It will provide, or cause to be provided, water mains,
and storm and sanitary sewer mains, leading ·to such Project
and serving the bounding streets thereof (in consideration
whereof the Local Authority shall pay to the Municipality
such mount as would be assessed against the Project site
for such work if such site were privately owned)·.
7. If by reason of the Municipality' s failure or refusal to
furnish or cause to be furnished any public services or facilities
which it has agreed hereunder to furnish or to cause to be furnished
to the Local Authority or to the tenants of any project, the Local ~"
Authority incurs any expense to obtain such services or facilities
then the Local Authority may deduct the mount of such expense from
any Payments in Lieu of Taxes 'due or to become due to the Municipality
in respect to any Project or ~any other low-rent housing projects owned
or operated by the Local Authority.
8. No Cooperation Agreement heretofore entered into between
the Municipality and the Local Authority shall be construed to apply
to any Project covered by this Agreement.
9- So long as any contract between the Local Authority and
the PHA for loans (including preliminary loans) or annual contributions,
or both, in connection with any Project remains in force and effect,
or so long as any bonds issued in connection with my Project or any
monies due to the PHA in connection with any Project remain unpaid,
this Agreement shall not be abrogated, changed, or modified without
the consent of the PHA. The privileges and obligations of the Munici-
pality hereunder shall remain in full force and effect with respect
to each Project so long as the beneficial title to such Project is
held by the Local Authority or by any other public body or govern-
mental agency, including the PHA, authorized. by law to engage in the
development or administration of low-rent housing projects. If at
any time the beneficial title to, or possession of, any Project is
held by such other public body or governmental agency, including the
PHA, the provisions hereof shall inure to the benefit of and may be
enforced by, such other public body or governmental agency, including
the PHA.
IN WITNESS WHEREOF', the Municipality and the Local Authority
have 'respectively signed this Agreement and caused their seals to
0
be affixed and attested as of the day and year first above written.
A.TTE ST:
Mayor
HOUSING AUTHORITY OF THE COUNTY OF
KERN
Chairman
o
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 ~ day of January, 19~l, by th~
following vote:
AYES: CAP~AKIS, CR SS, KUEHN, ~,O~.LOC){, SHURL~-Y, ~,~e+h-~^N~lF.R~gl
NOES' - ....~-~' # '~ .............. ;~ ..........""
Cit~y~C~e~ ~n~x-JO~' Clerk of the
Council of the City of Bakersfield.