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HomeMy WebLinkAboutCC RESO 5349RESOLUTION NO.5 49 REOESTIIrG TRkNSFER OF TEMPORARY HOUSING TO THE CITY OF NATIONAL CITY PURSUANT TO TITLE VI O1' THE LANHAM ACT WHEREAS, Public Law 475, 81st Congress, authorizes the Administrator of the Housing and Home Finance Agency, upon the filing of the prescribed request there- for, 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 WHEREAS, the City of National City, California, a municipal corporation, here- inafter referred to as the Applicant, is a body eligible for the transfer of and de- sires to have transferred to it the temporary housing hereinafter described, and WHEREAS, thU Administrator of the Housing and Home Finance Agency has dele- gated to the Public Housing Commissioner the functions, powers and duties vested in him by said Act, HOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, hereinafter referred to as the Applicant, as follows: i. The Applicant does hereby request the Public Housing Commissioner to relin- quish and transfer without monetary consideration (except for the payment for the settlement of any accounts between the Government and the Applicant) all right, title, and interest of the United States (and all contractual rights in- cluding the right to revenues and other proceeds) in and with respect to the temporary housing known as CAL.-4678, olivewood Terrace, located in the City of National City, County of San Diego, State of California, a war housing project of temporary construction, comprising 75 dwelling structures and containing three hundred family dwelling units and three nondwelling structures of the following types: 1. Service and Recreation, 2. Storage Warehouses, as indicated on the site plan attached as "Appendix A" and made a part hereof, together with per- sonal property, appurtenances, and materials held in connection therewith. II. (a) The Applicant represents that it proposes 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 pro- ject or by any public slum -clearance or redevelopment 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 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 determine9 ;y ine Veterans Administration to be service -connected, and second preference shall be given to families of de- ceased veterans and servicemen whose death has been determined by the Veterans Administration to be service -connected: Provided. that notwithstanding such preferences the Applieant will, in filling vacancies in housing transferred pursisent to this request, give such preferences to military personnel and persons engaged in national defense or mobilization activities as the Sec- retary of Defense or his designee prescribed to such applicant. (ii) 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 permitted 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 on any other site except to a State or political subdivision thereof, local housing authority, a local public agency, or an educational 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 re- moved; Provided. this representation will not apply to any disposal through demolition for salvage, lease to tenants for residential occupancy, or lease of nondwelling facilities for the continuance of a use existing on the date of transfer or where such disposal is the °'="sult of a bona fide 3 - 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 dis- position 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 - housing use, to promptly demolish such structures terminated for housing use and clear the site thereof. III. The Applicant will acquire the interest of the United States in and to the land upon which the housing is located upon the terms and conditions perscribed in Section 601 (b). IV. That the immediate purpose for which the housing is sought is for gradual dis- position as rapidly as housing conditions will permit and that such housing is eligible for transfer pursuant to Section 601 (a), (b), (g) or (h). V. The City Attorney of the Applicant is hereby directed to file 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 Clerk shall immediately forward three certified copies of this resolution, together with the opinion of the City Attorney to the Public Housing Administration, and the same shall be the,Applicant's request for relinquishment and transfer of the housing described herein. VI. IT IS UNDERSTOOD AND AGREED that the 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, title, and interest of the United States with respect to the property are relinquished and transferred and that taxes or payments in lieu of taxes will be prorated as of the end of the month in which transfer is made. The Applicant will pay for at book value and accept an assignment 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 by the United States prior to said date of transfer. VII. BE IT FURTHER RESOLVED that the City Manager with the approval of the City Council 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, and he shall im- mediately enter into negotiations for the acquisition of such interest in land as may be necessary to cosily with the conditions of transfer, and with this solution small forward to the Public Housing Adrn nisLration the plans of the an opinion regarding applicant with regard to the manner and means of securing such interest, to- gether with an estimate of the time which will be required to secure the same. ©III. As used in this resolution the term "veteran" shall mean "a person who has served in 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 ll, 1918, and who shall have been discharged or released therefrom under conditions other than dishonorable. The term "servicemen" shall mean a person in the active military or naval ser- vice 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 17th day of October , 19 50 , by the following vote, to -wit: AYES: Councilmen GarriEan,._Ql _r} es Curry.4___Nart.,___Matthews NAYS: Councilmen None ABSENT: None ATTEST: ..._x1.. City Clerk. I hereby approve the foregoing Resolution Occlinartcxe Mayor of the City of National City, California. this 17th day of October 1950 - - _. __ ?_tom Mayor of the City of National City, California. I hereby certify that the above and foregoing is a full and true copy of of the { Resolutions Ordinances } { Resolution Ordinance No 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 2 a_r.G /- of