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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.