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Home My WebLink AboutCC RESO 59613416 RESOLUTION No. 5961 % . J'd .t", RESOLUTION REQUESTING TRA SFER OF TEMPORARY HOUSING PURSUANT TO SECTION 601 (a) OF THE LANHAI-I ACT WiREAS, Public Law 475, 8lst 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 States in and with respect to temporary housing projects to eligible bodies as defined therein, and WHEREAS, the CSTY OF NATIONAL CITY, hereinafter referred to as the Applicant, is a body eligible for the transfer of and desires to have trans- ferred 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 Applicant, as follows: I. The Applicant does hereby request the Public Housing Commissioner to relinquish and transfer without monetary consideration (except for the settlement of any accounts between the Government and the Appli- cant) all contractual rights (including the right to revenues and other proceeds) and all property right, title, and interest of the United States in and with respect to temporary housing operated under Contract No. (s) CAA - 4928, OLIVE400D (CAL -) 62, CAL - 14678, CAL -4258) between the City of National City and the United States, known as OLIVL OOD, CAL-4928 located in the City of National City, County of San Diego, a temporary housing project comprising 262 dwelling structures and containing 896 far,ily dwelling n.g units, and 1 non -duelling structures of the following numbers and types; Management, Ynii ntenance, Community Building, together with personal property, appurtenances and materials held in connection therewith, on land which is owned by and controlled by the Applicant, and in which the United States has no leasehold or other property interest. II. (a) The Applicant represents that it propcses to the extent permitted by law and so long as the structures herein requested remain in housing use: (i) As among eligible applicants for occupancy in dwellings of given sizes and at specified rents, to extend the following preferences in the selection of tenants: First to families which are to be displaced by any low -rent housing project or by any public slum -clearance or redevelop- ment project initiated after January 1, 1947, or which were so displaced within three years prior to making application for admission to such housing; 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 service- men whose death has been determined by the Veterans Adminis- tration 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 fami lies 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. To manage and operate the property Involved in accordance with sound business practices, including the establishment of adequate reserves. (b) The Applicant further represents that it proposes to the extent per- mitted by law: (i) Not to dispose of any right, title, or interest in the property (by sale, transfer, grant, exchange, mortgage, lease, release, termination of the leasehold, or any other relinquishment of interest) either (a) for housing use on the present site or my other site except to a State or political subdivision thereof, local housing authority, a local public agency, or an education or eleemosynary institution, or (b) for any other use unless the 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, that this representation will not apply to any disposal through demolition or 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 foreclosure or other proceeding to enforce rights given as security for a loan to pay for land under this section: And provided further, that nothing contained in this Paragraph II shall be construed 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 non -Lousing use, to promptly demolish such structures terminated for housing use and clear the site thereof. III. The CITY MANAGER shall obtain the opinion of the legal counsel of the Applicant, regarding the legal authority of the Applicant to make this request, to accept the transfer, and operate any property involved, and to perform its obligations under Title VI of the Lanham Act. The CITY MANAGER shall immediately forward three certified copies of this Resolution, together with the opinion of the legal counsel to the Public Housing Administration, and the same shall be the Applicant's request for relinquishment and transfer of the housing described herein. IV. It is understood and agreed that the ,net revenues or other proceeds from the housing shall continue to acerie to the United:States under the terms of the existing contract until the end of the month in which the right, title, and interest of the United States with respect to the property are relinquished and transferred pursuant to this request. V. BE IT FURTHER RESOLVES that the CITY MANAGER be and is hereby empowered to take such other and further action as may be necessary in order to effect a relinquishment and transfer of the housing. VI. As used in this Resolution the term ttveteranf 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 July 26, 1947, or.at any time on or after April 6, 1916 and prior to November 71, 1918, and who shall have been discharged or released therefrom under conditions other than dishonorable. The term "serviceman" shall mean a person in the active military 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 11, 1918. PASSED AND ADOPTED by the City Council of the City of National City, California, this �n day of ........ :...... ..`.....-------------------- --- ....-, 19 53 , by the following vote, to -wit: AYES: Councilmen Carrigan . McClure. P rchen . $arn. ?art NAYS: Councilmen ABSENT: ATTEST: None City Clerk. I hereby approve the foregoing Resolution Ordinance Mayor of the City of National City, California. this _ 1- day of "T' Inc , 19 F Mayor of the City of National City, California. 1 hereby certify that the above and foregoing is a full and true copy of Resolution 1 No Ordinance J of the { Resolutions Ordinances t of the City of National City, California, as adopted by the City Council of said City, and approved by the Mayor of said City, on the day of , 19 City Clerk of the City of National City, California. Deputy