8.105 An Ordinance Determining to Eliminate Unsafe and Insanitary Dwelling Units in the City and Approving a Contract with the Housing Authority of the City of Los Angeles.
WHEREAS, the Housing Authority of the City of Los Angeles, California proposes to develop and administer a low-rent housing project within the territorial limits of the City of Los Angeles, including approximately 449 dwelling units; and,
WHEREAS, in connection with the development of the project the Authority desires to eliminate unsafe or insanitary dwelling units situated within the territorial limits of the City substantially equal in number to the number of newly constructed dwelling units to be provided by the Project; and,
WHEREAS, the Authority has requested the City to cooperate with it and assist it in the elimination of such unsafe and insanitary dwelling units; and,
WHEREAS, there exist in the City unsafe or insanitary dwelling units to a greater number than the number of new dwelling units to be included in the Project and it is necessary and desirable that the City should eliminate such unsafe or insanitary dwelling units to protect the health, safety and morals of the inhabitants of this City; and,
WHEREAS, it is necessary that the present low-income occupants of unsafe or insanitary dwelling units be provided with new dwelling units at rentals they can afford to pay; and,
WHEREAS, the City will directly benefit from the construction of new dwelling units for families of low income and from the elimination of unsafe or insanitary dwelling units within the City;
NOW THEREFORE, The People of the City of Los Angeles do ordain as follows:
Section 1. That the City hereby determines that for the purpose of aiding said Authority in its efforts to eliminate unsafe and insanitary dwelling units in the City, the City shall cooperate with the Authority by eliminating some of the unsafe or insanitary dwelling units within the territorial limits of the City at least equal to the number of newly constructed dwelling units to be provided by the Project (less the number of unsafe or insanitary dwelling units to be eliminated from the site of the Project by the Authority during the development of the Project), but in no event to exceed 449 unsafe or insanitary dwelling units.
Sec. 2. That the City shall enter into a contract with Authority substantially in the following form:
“COOPERATION AGREEMENT BETWEEN THE CITY OF LOS ANGELES AND THE
HOUSING AUTHORITY OF THE CITY OF LOS ANGELES, CALIFORNIA”
HOUSING AUTHORITY OF THE CITY OF LOS ANGELES, CALIFORNIA”
“In consideration of the mutual promises of the City of Los Angeles (herein called the ‘City’), and the Housing Authority of the City of Los Angeles, California, (herein called the ‘Authority’), hereinafter set forth, the City and Authority agree as follows:
1. The following terms, whenever used in this Cooperation Agreement (hereinafter referred to as the “Agreement”), shall have the following meaning:
(a) The term “taxing bodies” shall mean the State of California, and every political subdivision and taxing unit thereof (including the City) which shall have authority to levy taxes (or certify taxes to a taxing body or public official to be levied for its use and benefit), and in which the Project is situated.
(b) The term “Local Annual Contribution for any year” shall mean an amount equal to:
(i) The amount which the taxing bodies would levy for that year (by means of taxes and special assessments on or with respect to the Project) if the Project were operated by private enterprise and subject to normal taxation and assessment, less
(ii) The payment in lieu of taxes which the Authority agrees herein to make for that year.
(c) The term “Federal Annual Contribution” shall mean the fixed amount of Annual Contribution payable to the Authority by the United States Housing Authority for the purpose of aiding the Authority in achieving and maintaining the low-rent character of the project.
(d) The term “useful life of the Project” as used in the foregoing, shall mean the period of physical usefulness of the Project for the purpose of providing dwelling accommodations, but in no event less than the number of years during which any of the bonds issued to aid in financing the development of the Project shall remain outstanding.
(e) The term “shelter rent” means the charge established (or estimated) by the Authority for the use of a dwelling unit excluding the furnishing of any utilities (i.e., water, heat, heating of water, light, cooking fuel, or refrigeration energy).
2. The City agrees to eliminate 449 unsafe or insanitary dwelling units, which is substantially equal to the number of new dwelling units to be provided in a low-rent housing project (known as the William Mead Homes and herein called the “Project”) to be undertaken by the Authority. Toward said number, there shall be credited the number of unsafe or insanitary dwelling units to be eliminated from the site of the Project by the Authority during the development of the Project.
3. The City agrees to eliminate such unsafe or insanitary dwelling units within the territorial limits of the City.
4. The City agrees to eliminate such unsafe or insanitary dwelling units in one or the other of the following ways, or partly in one of these ways and partly in another:
(a) By demolishing dwelling units which are on land acquired by the City by purchase or otherwise, including demolition of such dwelling units on land purchased for any public uses; or
(b) By causing the compulsory demolition, effective closing, repair or improvement of such unsafe and insanitary dwelling units; or
(c) By inducing private owners voluntarily to eliminate such dwelling units.
5. In computing the number of unsafe or insanitary dwelling units eliminated under the terms of this agreement, there shall be included only such unsafe or insanitary dwelling units as are eliminated under this agreement from the date hereof.
6. In computing the number of unsafe or insanitary dwelling units eliminated under the terms of this Agreement, the remedying of violations of building codes or ordinances of the City by compulsory action of the City, in so far as it results in the elimination of unsafe or insanitary dwelling units, shall be considered as elimination. The voluntary remedying of such violations without notice and request by the City shall not be considered as elimination.
7. For the purpose of this Agreement, a dwelling unit shall be considered unsafe or insanitary whenever by reason of dilapidation, faulty arrangement or design, lack of ventilation, light or sanitation facilities, or any combination of these factors, it is detrimental to safety, health or morals.
8. The Authority agrees:
(a) To advise the officers in charge of appropriate departments of the City of the existence of any unsafe or insanitary dwelling units in the City, which the Authority finds as a result of its surveys or studies;
(b) To make reports to the City, from time to time, regarding such matters; and
(c) To cooperate with the City in securing elimination of unsafe or insanitary dwelling units required hereunder.
9. The City agrees to cause the managers or boards in charge of the Departments of Public Works, Health, and Building and Safety and any other appropriate departments, to make reports to the Authority from time to time regarding:
(a) The action taken by the City in the elimination or repair of unsafe or insanitary dwelling units hereunder;
(b) The dates of such action;
(c) The location of such dwelling units; and
(d) The condition of such dwelling units which made them unsafe or insanitary.
10. The Authority and The City agree that the elimination undertaken and required hereunder shall be considered as a part of the Project.
11. The City agrees to complete the elimination of such unsafe and insanitary dwelling units within one (1) year from the date of the physical completion of the Project; provided, however, that if a survey of housing conditions in the City of Los Angeles shall indicate to the satisfaction of the Authority that an acute housing shortage exists within the territorial limits of said City, then and in that event the period of elimination of unsafe and insanitary dwelling units required hereunder shall be extended beyond the aforesaid one-year period until such time as such housing shortage, has, in the opinion of the Authority, been eliminated.
12. Subject to the terms of this Agreement, the Authority agrees to pay to the City with respect to the Project, commencing with the date of initial occupancy thereof and continuing throughout the useful life of the Project, two and one half per cent (2 1/2%) of the total annual shelter rent collected (hereinafter called the “Service Charge”) for municipal services and facilities and as a payment in lieu of taxes.
The term “municipal services and facilities” shall not be deemed to affect the agreement of the Authority, as provided in Paragraph 14 hereof, to pay for the furnishing of any utilities (i.e., water, heat, heating of water, light, cooking fuel, or refrigeration energy).
For the purpose of fixing a time for paying such Service Charge, it is agreed that the Service Charge, payable for any year shall be paid at the same time as ad valorem taxes imposed or levied by the County of Los Angeles, for the City of Los Angeles, for that year are paid, provided, however, that upon the failure of the Authority to make payments in lieu of taxes as herein provided no lien against the Project or the property or assets of the Authority shall attach.
13. In the event that a local Annual Contribution for any year shall equal an amount which is less than twenty per cent (20%) of the Federal Annual Contribution for that year, and such deficiency is not supplied by cash furnished for the Project by the State of California or any political subdivision thereof in which the Project is situated, then and in that event the City waives the right to such portion of the amount payable in lieu of taxes for that year as is necessary to assure that the Local Annual Contribution for that year will be equal, as near as may be, to not less than twenty per cent (20%) of the Federal Annual Contribution for that year.
14. From the date of acquisition of any part of the Project site, and continuing throughout the useful life of the Project, the City agrees to furnish, without charge, municipal services and facilities for the Project and tenants thereof, of the same character and to the same degree that the said facilities and services are furnished without charge to other dwellings and inhabitants throughout the City.
For municipal services or facilities furnished dwellings, properties, or persons generally within the City and for which special or direct charges or special assessments are generally made by the City, the Authority agrees to pay to the City in lieu of said charges or said assessments, a sum equivalent to such direct charge or special assessment.
15. So far as consistent with the public health, safety and welfare, as determined by the proper city authorities, the City agrees that it will institute any necessary proceedings to plan or re-plan, zone or re-zone the area in which the Project is to be located, so that the same may be appropriately classified under the zoning plan of the City of Los Angeles. So far as consistent with the public health, safety and welfare, the said City agrees that it will, through the appropriate City authorities, institute any necessary proceedings to vacate and close any streets, roadways, alleys, sidewalks or other places located in the area of the Project or adjacent thereto; or that it will institute the necessary proceedings to restrict the use of such public ways to the kind or kinds of traffic thereon appropriate to the effective maintenance of the Project as a residential area. Whenever the Authority shall determine that any such action is necessary in its judgment, it shall make a written request in relation to the same to the appropriate City authority or the City Council, and the said City then agrees to diligently proceed to consider and act upon such request.
16. The Authority agrees to dedicate, and the City agrees to accept for municipal purposes if the public convenience or necessity so requires, land which may be owned or acquired by the Authority and which the Authority determines to use for streets and alleys within the boundaries of the Project or for the purpose of providing ingress thereto and egress therefrom.
17. The City agrees to furnish, pave, install, grade or re-grade, plan any streets, roads, roadways, alleys or sidewalks located in the area of the Project or adjacent thereto and which the Authority finds are necessary in the development of the Project. Such facilities shall be furnished and such work performed by the City within a reasonable time after receipt of a written request therefor from the Authority and after arrangements have been made for financing. The cost of furnishing the facilities or performing the work specified in this paragraph shall be financed in such manner as may be agreed upon by the City and the Authority.
18. The City agrees to waive all building fees, inspection fees, permit fees, or deposits as might be payable by the Authority under and by virtue of any ordinance of the City of Los Angeles. The Authority hereby agrees to be bound by all building regulations and ordinances of the City of Los Angeles in all respects as other persons, firms or corporations are bound thereby.
19. Nothing in this agreement shall be construed as limiting the power of the City to furnish aid and cooperation other than and in addition to the matters more particularly described in this Agreement.
20. The Authority agrees that it will use its best efforts to develop the Project as rapidly as possible, to operate and maintain the Project for families of low income (as defined in the Housing Authorities Law); and to keep the City fully informed as to the status of the Project.
21. The Authority undertakes and agrees that it will not commit or permit to exist any public nuisance, in, on, above, over or along any of the properties of said Authority, and that it will promptly abate any such nuisance upon written demand of the City of Los Angeles.
22. This Agreement shall continue in full force and effect with respect to the Project so long as the title thereto is held by the Authority or some other public body or agency of the state; provided, however, that if at any time it shall be determined that the expenditure of the funds of the City of Los Angeles required in the performance hereof is in any manner illegal or is not for a public or charitable purpose, or if it shall be at any time determined that any advantage, concession or undertaking of the City of Los Angeles hereunder is illegal, then and in that event and to such extent as such illegality exists, this Agreement shall be null and void.
IN WITNESS WHEREOF, the City of Los Angeles, California, and the Housing Authority of the City of Los Angeles, California, have respectively caused this Agreement to be duly executed in triplicate as of __________day of _________, 19 ___.
CITY OF LOS ANGELES
By__________________________________
Mayor.
ATTEST:
__________________________________
HOUSING AUTHORITY OF THE
CITY OF LOS ANGELES, CALIFORNIA.
By__________________________________
Chairperson.
ATTEST:
__________________________________
Secretary.”
Sec. 3. That the Mayor and the City Clerk are hereby authorized to execute in triplicate, a contract substantially in the form set forth in Section 2, hereof on behalf of the City.
SECTION HISTORY
Based on Ord. No. 84,105.
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