HomeMy WebLinkAboutReso 5807-1972RESOLUTION NO. 5807
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SOUTH SAN FRANCISCO APPROVING THE
DEVELOPMENT, CONSTRUCTION AND OWNERSHIP
OF LOW-RENT HOUSING PROJECTS, OF NOT TO
EXCEED 100 DWELLING UNITS AND APPROVING
THE FORM OF COOPERATION AGREEMENT BETWEEN
THE CITY OF SOUTH SAN FRANCISCO AND THE
HOUSING AUTHORITY OF THE CITY OF SOUTH
SAN FRANCISCO AND 'AUTHORIZING ~ITS EXECUTION.
WHEREAS, it is the policy of this locality to eliminate
substandard and other inadequate housing, to prevent the spread
of slums and blight, and to realize as soon as feasible the
goal of a decent home in a suitable living environment for all
of its citizens; and
WHEREAS, under the provisions of the United States Housing
Act of 1937~ as amended (herein called the "Act"), the Depart-
ment of Housing and Urban Development (herein called "HUD") is
authorized to provide financial assistance to local public
housing agencies (hereinafter called "Local Authority")
for undertaking and carrying out the development and operation
of low-rent housing projects that will assist in meeting this
goal; and
WHEREAS, Section 34313 of the California Health and
Safety Code, as amended, provides that no low-rent housing
project shall be developed, constructed, or owned by the
Local Authority until the governing body of the locality
has by resolution approved such projects; and
WHEREAS, pursuant to Section 15(7)(b) of the Act, as
amended, before HUD can provide financial assistance to a
local low-rent housing project, it is necessary that the local
governing body enter into a Cooperation Agreement with the
Local Authority providing for local cooperation in connection
with such housing project; and
WHEREAS: pursuant to Section 34515 of the California
Health and Safety Code express authority is given for local
l®·
governing bodies to enter into agreements with housing
authorities providing for local cooperation with respect to
low-rent housing projects; and
WHEREAS, pursuant to and in compliance with the provisions
of Section 34518 of the California Health and Safety Code, this
governing body did~ March 13, 19 72, adopt a Resolution author-
izing the publication in a newspaper of general circulation,
on March 15 , 19 72, and on March 22 , 19 72
of a notice of a public hearing to be held April 3, 1972,
before this governing body for the purpose of giving all
interested persons an opportunity to be heard as to whether
such Cooperation Agreement should be entered into; and there
has been made available at least three copies of the proposed
Cooperation Agreement for inspection by interested persons
prior to the mentioned public hearing; and
WHEREAS, the notices for a public hearing have been published
as above provided, and this governing body has held a public
hearing starting at the hour of 8:00 p.m. on the 3rd day of
April, 1973, giving all interested persons an opportunity to
be heard as to whether the proposed Cooperation Agreement in
the form attached hereto should be entered into, which said
hearing has been concluded with all matters in connection
therewith having been fully considered by this body:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SOUTH SAN FRANCISCO AS FOLLOWS:
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1. There exists in this locality a need for such low-
rent housing at rents within the means of low-income families
or persons.
2. The City Council of the City of South San Francisco
does hereby approve the development, construction and owner-
ship by the Local Authority of the projects as defined in
Paragraph l(a) of the Cooperation Agreement.
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3. This governing body after having held a public hearing
and giving all interested persons an opportunity to be heard,
hereby determines, pursuant to the provisions of the California
Housing Cooperation Law (being Chapter 2 of Part 2 of Divi-
sion 24 of the California Health and Safety Code), to enter
into a Cooperation Agreement in substantially the form attached
hereto with the Local Authority. The Mayor of this governing
body is hereby authorized and directed to execute such Coopera-
tion Agreement in the name and on behalf of the City of South
San Fra. ncisco and the City Clerk is hereby authorized and
directed to affix or impress the official seal of this govern-
ing body thereon and to attest the same. Such Cooperation
Agreement shall be in substantially the form of the agreement
attached hereto.
4. This Resolution shall become effective immediately.
PASSED AND ADOPTED this
19 72 .
(SEAL)
ATTE S T:
City Clerk
3rd day of April ,
City of South San Francisco at a
held on the 3rd day of April
the following vote:
AYES, COUNCILMEN
I hereby certify that the foregoing Resolution was
regularly introduced and adopted by the City Council of the
regul ar meeting
, 19 72 , by
NOES,
ABSENT, "
Patrick E. Ahern, Frank J. Bertucelli,
William A. Borba and Warren STeinkamp
None
F. Frank Mammin i
ATTE S T:
S ·
EXHIBIT
RESOLUTION 5807
COOPERATI ON AGREEMENT
This Agreement entered into this day of
1972, by and between the Housing Authority of the City of South
San Francisco (herein called the "Local Authority") and the City
of South San Francisco (herein called the "Municipality"), wit-
nesseth:
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 the low-rent
housing herein designated to be developed or acquired
by the Local Authority with financial assistance of
the United States of America acting through the
Secretary of Housing and Urban Development (herein
called the "Government"); excluding, however, any
low-rent housing project covered by any contract
for loans and annual contributions entered into between
the Local Authority and the Government, or its pred-
ecessor agencies, prior to the date of this Agreement.
(b) The term "Taxing Body" shall mean the State or any
political subdivision or taxing unit thereof in
which a Project is situated and which 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 nondwelling rents (excluding all other
income of such Project), less the cost to the Local
Authority of all dwelling and nondwelling utilities.
(d) The term "Slum" shall mean any area where dwell-
ings predominate which, by reason of dilapidation,
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 (a) to secure a
contract or contracts with the Government for loans and annual
contributions covering one or more Projects, designated CAL 15-2
and 15-3, comprising approximately 100 units of low-rent housing
and (b) to develop or acquire and administer such Project or Projects,
each of which shall be located wit. hin the corporate limits of the
Municipality. The obligations of the parties hereto shall apply
to each such Project.
3. (a) Under the constitution and statu.tes of the State
of California, all Projects are exempt from all real and personal
property taxes 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
Government for loans or annual contributions, or both, in connection
with such Project remains in force and effect, or (iii) any bonds
1,
.,
issued in connection with such Project or any monies due to the
Government 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 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 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 to the County of San Marco for distribution to the several
taxing agencies after the end of the fiscal year established for
such Project, and thereafter on the anniversary date thereof, and
shall be in an amount equal to either (i) ten percent (lO%)of the
Shelter Rent charged by the Local Authority in respect to such Project
duping such fiscal year or (ii) the amount permitted to be paid by
applicable State law in effect on the date such payment is made,
whichever amount is the lower.
(c) No payment for any year shall be made to the
County of San Mateo for distribution to the several taxing agencies
in excess of the amount of the 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 any
Payment in Lieu of Taxes, no lien against any Project or assets of
the Local Authority shall attach, nor shall any interest or penalties
accrue or attach on account thereof.
4. The Municipality agrees that, subseqdent to the date
of initiation (as defined in the United States Housing Act of 1937)
of each Project and within five years after the completion thereof,
or such further period as may be approved by the Government there
has been or if existing will be elimination, as certified by the
Municipality, by demolition, condemnation, effective closing, or
compulsory repair or improvement, of unsafe or insanitary dwelling
units situated in the locality or metropolitan area in which such
Project is located, substantially equal in number to the number of
newly constructed dwelling units provided by such Project; Provided,
That where more than one family is living in an unsafe or insanitary
dwelling unit, the elimination 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 clearance of the site of such Project shall
not be counted as elimination for any other Project or any other
low-rent housing project, or (ii) any Project located in a rural
nonfarm or Indian area. ~'
5. During the period commencing with the date of the
acquisition of any part of the site or sites of the Project and
continuing so long as either (i) such Project is owned by a public
body or governmental agency and is used for low-rent housing pur-
poses, or (ii) any contract between the Local Authority and the
Government 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
Government 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 of such Project (other than the
Payments in Lieu of Taxes) shall:
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(a) Furnish or cause to be furnished to the Local
Authority and the tenants of such Project public serv-
ices and facilities of the same character and to the same
extent as ape furnished from time to time without cost or
charge to other dwellings and inhabitants in the Munici-
pality;
(b) Vacate such streets, roads, and alleys within the
area of such Project as may be necessary in the develop-
ment thereof, and convey without charge to the Local
Authority such interest as the Municipality may have in
such vacated areas; and, in so far as it is lawfully
able to do so without cost om expense to the Local
Authority om to the Municipality, cause to be removed
from such vacated area, in so far as it may be neces-
sary, all public om private utility lines and equipment;
(c) In so far as the Municipality may lawfully do
(i) grant such deviations from the building code of the
Municipality as ape reasonable and necessary to promote
economy and efficiency in the development and administra-
tion of such Project, and at the same time safeguard health
and safety, and (ii) make such changes in any zonin§ of
the site and surrounding territory of such Project as ape
reasonable and necessary fop the development and protec-
tion of such Project and the surrounding territory;
(d) Accept grants of easements necessar~ fop the devel-
opment of such Project; and
(e) Cooperate with the Local Authority by suCh other
lawful action om ways as the Municipality and the Local
Authority may find necessary in connection with the
development and administration of such project.
6. In respect to any Project the Municipality further
agrees that within a reasonable time after receipt of a written
Peques.t therefor from the Local Authority:
(a) It will accept the dedication of all interior streets,
roads, alleys, and adjacent sidewalks within the area of
such Project, together with all storm and sanitary sewer
mains in such dedicated areas, after the Local Authority,
at its own expense, has completed the grading, improvement,
paving, and installation thereof in accordance with speci-
fications acceptable to the Municipality;
(b) It will accept necessary dedications of land foP, and
will grade, improve, pave, and provide sidewalks for, all
streets bounding such Project om necessary to provide
adequate access thereto (in consideration whereof the
Local Authority shall pay to the Municipality such amount
as would be assessed against the Project site fop such
work if such site were privately owned); and
(c) It will provide, om cause to 'be provided, 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
amount as would be assessed against the Project site
fop 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 amount of such expense from
any Payments in Lieu of Taxes due or to become due to the Munici-
pality in respect to any Project or any other low-rent housing
projects owned or operated by the Local Authority, and no claim,
interest or penalty shall accrue against the Municipality therefor.
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. No member of the governing body of the Municipality or
any other public official of the Municipality who exercises any
responsibilities or functions with respect to any Project during his
tenure or for one year thereafter shall have any interest, direct
or indirect, in any Project or any property included or planned to
be included in any project, or any contracts in connection with such
Projects or property. If any such governing body member or such
other public official of the Municipality involuntarily acquires or
had acquired prior to the beginning of his tenure any such interest,
he shall immediately disclose such interest to the Local Authority.
10. So long as any contract between the Local Authority
and the Government 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 any Project or any monies due to the Government in
connection with any Project remain unpaid, this Agreement shall not
be abrogated, changed, or modified without the consent of the Govern-
ment. The privileges and obligations of the Municipality 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 governmental agency, includ-
ing the Government, 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 Government,
the provisions hereof shall inure to the benefit of and may be
enforced by, such other public body or governmental agency, includ-
ing the Government.
IN WITNESS WHEREOF the Municipality and the Local Author-
ity have respectively signed this Agreement and caUsed their seals
to be affixed and attested as of the day and year first above
written.
CITY OF SOUTH SAN FRANCISCO,
a 'municipaI corporation · '
(Corporate Name of Municipality)
(SEAL)
Attest:
By
Mayor
City Clerk
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HOUSING AUTHORITY OF THE CITY
0F SOUTH SAN FRANCISCO
(Corporate Name of Local Authority
(SEAL)
Attest:
By¸
Chairman
(Title)
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