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Home My WebLink AboutCC RESO 5351RESOLUTION NO.5351 REQUESTING TRANSFER OF TEMPORARY HOUSING TO THE CITY OF NATIONAL CITY PURSUANT TO TITLE VI OF THE LANHAM ACT WHEREAS, Public Lary 475 Slst Congress, authorizes the Administrator of the Hous- ing 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 WHEREAS, the City of National City, California, .a municipal corporation, herein- after referred to as the Applicant, is a body eligible for the transfer of and desires to have transferred 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 City of National City, California, hereinafter referred to as the Applicant, as follows: I. The Applicant does hereby request the Public Housing Commissioner to relinquish and transfer without monetary consideration (except for the payment for any Federal lands or interest therein which might be required and except for the settlement of any accounts between the Goverment and the Applicant) all right, title, and interest of the United States (and all contractual rights including the right to revenues and other proceeds) in and with respect to the temporary housing known as CAL - 4462, Olivewood Terrace, located in the City of National City, County of San Diego, State of California, a war housing project of temporary construction, comprising 37 dwelling structures containing 296 family dwelling units and five nondwelling units of the following types: one community and administrative build- ing; two maintenance sheds; one frame storage building; and one quonset storage building, as indicated on the site plan attached as "Appendix A" and made a part hereof, together with personal 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 project or by any.-oubliceslum-clearance or redevale went 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; Seeond, to families of other veterans and servicemen; and as among such families first preference shall be given to families of disabled veterans whose disab{7Mty has been determined by the Veterans Administra- tion to be service -connected, and second preference shall be given to families of deceased veterans and servicemen whose death has been deter- mined by the Veterans Administration to be service -connected: Provided, that notwithstanding such preferences the Applicant will, in filling vacancies in housing transferred pursuant to this request, give such preferences to military personnel and persons engaged in national defense or mobilization activities as the Secretary 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 per- mitted by laws (i) not to dispose of any right, title, or interest in the property (by sale, transfer, grant, exchange, mortgage, lease, release, termination of the lease- hold, 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 el` eemosynar _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, this re- presentation 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 result of a bona fide foreclosure or other proceeding to en- force 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- 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 prescribed in Section 601 (b). IV. That the immediate purpose for which the housing is sought is for gradual dis- position as rapidly as housing oanditions 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 an opinion, re- garding 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 certi- fied 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 AG "Melt 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 tr^nafer 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 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, to- gether with an estimate of the time which will be required to secure the same. VIII. As used in this resolution the term "veteran" 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 11, 1918, and who shall have been discharged or re leased thereir:m under conditions other than dishonorable. The term "servicemen" 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 day of October 19 50 , by the following vote, to -wit: Carrigan; Clarke, Curry, Hart, Matthews AYES: Councilmen 17th NAYS: Councilmen None ABSENT: ATTEST: None I hereby approve the foregoing Mayor of the City of National City, California. ` — {Resolution this 17th Oi?€ftiee day of October 19 50 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 } f Resolution 1 Ordinance I 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 ,® LI /( '/ ,a 7-s-°