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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: · 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. · 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: · (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 · HOUSING AUTHORITY OF THE CITY 0F SOUTH SAN FRANCISCO (Corporate Name of Local Authority (SEAL) Attest: By¸ Chairman (Title) ·