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.
WHEREAS, there is in and about the City of Los Angeles a shortage of safe and sanitary dwelling accommodations available at rents which persons of low income can afford which condition causes an increase in the spreading of disease and crime and constitutes a menace to the health, safety, morals and welfare of the residents of the City of Los Angeles; and
WHEREAS, the Housing Authority of the City of Los Angeles, in order that safe and sanitary dwelling accommodations may be available for persons of low income at rents they can afford, proposes to develop and administer a low-rent housing project or low-rent housing projects consisting of approximately ten thousand (10,000) dwelling units; and
WHEREAS, there exist in the City of Los Angeles unsafe and insanitary dwelling accommodations of a number greatly in excess of said ten thousand (10,000) dwelling units which are occupied by families of low income; and
WHEREAS, there are now families of low income in the City of Los Angeles of a number greatly in excess of ten thousand (10,000) who are forced to inhabit such unsafe and insanitary dwelling accommodations because private enterprise has not been able to make available to such families, safe and sanitary dwelling accommodations at rentals which such low income families can afford to pay.
NOW THEREFORE, The People of the City of Los Angeles Do Ordain as Follows:
Section 1. That the City of Los Angeles approves the development, construction, and operation of a low-rent housing project or projects consisting of approximately ten thousand (10,000) dwelling units, in accordance with Section 8 (b) of the Housing Authorities Law (Chapter 4, Statutes of 1938, Extra Session, approved March 21, 1938, as amended).
Sec. 2. That the City of Los Angeles approves the application of the Housing Authority of the City of Los Angeles to the Public Housing Administration for a preliminary loan for surveys and planning in respect to such projects, pursuant to Section 15(7)(a)(i) of the United States Housing Act of 1937, as further amended by the Housing Act of 1949, if such loan is deemed necessary by the Housing Authority of the City of Los Angeles.
Sec. 3. That the City of Los Angeles shall enter into a Cooperation Agreement with the Housing Authority of the City of Los Angeles in accordance with Section 15(7)(b)(i) of the United States Housing Act of 1937, as further amended by the Housing Act of 1949, in substantially the following form:
COOPERATION AGREEMENT BETWEEN THE CITY OF LOS ANGELES
AND THE HOUSING AUTHORITY OF THE CITY OF LOS ANGELES, CALIFORNIA
AND THE HOUSING AUTHORITY OF THE CITY OF LOS ANGELES, CALIFORNIA
1. The Housing Authority of the City of Los Angeles (hereinafter called the “Authority”) agrees to undertake, develop, and administer a low-rent housing project or low-rent housing projects (hereinafter called the “Projects”) consisting of approximately 10,000 family dwelling units on sites to be selected by the Authority in the City of Los Angeles (hereinafter called the “City”) and to endeavor during the next three years to secure a contract or contracts with the Public Housing Administration for a Federal loan and for Federal annual contributions to assist in the development and administration of said Projects.
2. The following terms whenever used in this Cooperation Agreement (hereinafter referred to as the “Agreement”) shall have the following meaning:
(a) The term “useful life of the Projects” shall mean the period of physical usefulness of the Projects 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 Projects or any bonds issued to refund such bonds shall remain outstanding;
(b) 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, heating of water, light, cooking fuel, refrigeration energy, heat or sewer services).
3. Subject to the terms of this Agreement, the Authority agrees to make payments in lieu of taxes to the City with respect to the Projects, commencing with the date of initial occupancy thereof and continuing throughout the useful life of said Projects in an annual amount of 10% of the annual shelter rents charged in such Projects for improvements, services, and facilities furnished by the City; provided that the amount to be paid hereunder shall in no event exceed the estimated cost to the City of the services, improvements, or facilities to be furnished; provided further that such payments in any one year shall only be made to the extent that funds are available from income (excluding Federal annual contributions) after payment of all operating expenses (excluding debt service). For the purpose of fixing a time for making such payments in lieu of taxes, it is agreed that the amount payable for any fiscal year shall be paid at the same time that ad valorem taxes imposed or levied by the City for that year are to be paid; provided, however, that in the event of failure of the Authority to make payments as herein provided, no lien against the Projects, or the property, or assets of the Authority shall attach. The City agrees that each payment received by it will be distributed by the City to the City of Los Angeles, and the Los Angeles City School District in such proportion as each such public taxing body’s ad valorem tax rate bears to the tax rate which would be levied to the Project involved if it were not exempt from taxation.
4. Pursuant to the Tax Exemption Law (being Chapter 1 of the Laws of California, Special Session, 1938, approved March 21, 1948) the City agrees that the property of the Authority shall be exempted from all taxes and special assessments. The City further agrees that for the period commencing with the date of the acquisition by the Authority of any part of the sites of the Projects and continuing throughout the useful life of such Projects, it will not levy, impose, or charge any service fees, charges or tolls against the Projects or against the Authority for or with respect to the Projects other than the payments in lieu of taxes specified in Paragraph 3 above, and that it will furnish without charge to the Authority and the tenants of the Projects during the useful life of the Projects all municipal services and facilities which presently are, and in addition, such other services and facilities which may in the future be, furnished without charge for other dwellings and inhabitants in the City, including but not limited to fire, police, and health protection and services, street maintenance and repair, garbage, trash and ash collection and disposal, street lighting on public streets within the Projects and on the boundaries thereof, and sewer services. The term “municipal services and facilities” shall not be deemed to include any utilities for which special or direct charges are generally made by the City.
5. The City further agrees that as a part of such Projects, it will perform the elimination of unsafe or insanitary dwelling units within its jurisdiction, which the City if required to accomplish pursuant to Section 10 (a) of the United States Housing Act of 1937, as further amended by the Housing Act of 1949, in effect as of the date of this agreement, and such elimination will be accomplished within the five year limit specified in said Section, unless such time limit is extended as provided therein.
6. The Authority agrees to develop the Projects in accordance with the Building Code of the City, except where specific waivers are secured. The City agrees to waive any building and inspection fees to which the Authority or the Projects might otherwise be or become subject.
7. The City further agrees to cooperate with the Authority by vacating without cost to the Authority such streets, roads, roadways, alleys and sidewalks within the area of the Projects, or adjacent thereto as may be necessary in the development of such Projects, by accepting the dedication of land for new streets and alleys, by zoning or re-zoning to an appropriate residential classification any area in the City within which the Projects shall be located, and by such other lawful action or ways as the Authority may find necessary in connection with the development and construction of the Projects.
8. The City and the Authority agree that this contract shall not be abrogated, changed or modified so long as any bonds or other obligations issued to aid in financing the development of the Projects to which this contract relates or any bonds issued to refund such bonds or obligations shall remain outstanding and unpaid and so long as the title to said Projects (except for the lien or title conveyed to secure any bonds or other evidences of indebtedness issued to aid in the financing of the Projects or to secure any bonds or other evidences of indebtedness issued to refund such bonds or evidences of indebtedness) is held by the Authority or some other public body or governmental agency authorized by law to engage in the development or administration of low-rent housing projects.
9. This Agreement shall evidence the following actions by the City Council:
(a) Approval by the City Council of the Projects as required by Section 8(b) of the Housing Authorities Law of California (Chapter 4, Statutes of 1938, Extra Session, approved March 21,1938, as amended by Chapter 766, Statutes of 1945).
(b) Approval of the application by the Authority to the Public Housing Administration for a preliminary loan, pursuant to Section 15(7)(a)(i) of the United States Housing Act of 1937 as further amended by the Housing Act of 1949, if such loan is deemed necessary by the Authority.
(c) Approval of the Agreement between the City and the Authority which is a prerequisite to the execution of a contract between the Authority and the Public Housing Administration for loans and annual contributions pursuant to Section 15(7)(b)(i) of the United States Housing Act of 1937 as further amended by the Housing Act of 1949, and it is the intention of the City and the Authority that this Agreement comply with all the requirements of said Act.
10. The term “Projects” as used in this Agreement shall not include or mean the low-rent housing projects heretofore undertaken by the Authority and identified as Project No. CAL-4-l, CAL-4-2, CAL-4-3, CAL-4-4, CAL-4-5, CAL-4-6, CAL-4-7, CAL-4-8, CAL-4-9, CAL-4-10 with respect to which projects the City and the Authority have heretofore entered into Cooperation Agreements.
IN WITNESS WHEREOF, The City of Los Angeles and the Housing Authority of the City of Los Angeles have respectively caused this Agreement to be duly executed as of the _____ day of ____, 1949.
CITY OF LOS ANGELES,
CALIFORNIA
By__________________________________
Mayor.
(SEAL)
ATTEST:
__________________________________
City Clerk
HOUSING AUTHORITY OF THE
CITY OF LOS ANGELES,
CALIFORNIA
By__________________________________
Chairperson.
(Seal)
ATTEST:
__________________________________
Secretary.
Sec. 4. That the Mayor and the City Clerk are hereby authorized to execute, in quadruplicate, a contract substantially in form set forth in Section 3 hereof on behalf of the City.
Sec. 5. That the City hereby agrees that for the purpose of aiding the Housing Authority of the City of Los Angeles in its efforts to eliminate unsafe and insanitary dwelling units in the City and to comply with the provisions of Section 10(a) of the United States Housing Act of 1937, as further amended by the Housing Act of 1949, the City of Los Angeles shall cooperate with the Housing Authority of the City of Los Angeles by eliminating unsafe and insanitary dwelling units within the territorial limits of the City to the extent required by Section 10(a) of said Act, but in no event to exceed ten thousand (10,000) unsafe or insanitary dwelling units, all as provided in the Cooperation Agreement set forth in Section 3 above. Such elimination shall be accomplished within five years after the completion of the low-rent housing project or projects referred to herein, or such later date as may be authorized under said Act.
Sec. 6. This article is urgently needed for the immediate preservation of the public peace, health and safety and shall go into effect immediately upon its publication. The facts constituting such urgency are as follows:
Unemployment and the existence of unsafe, insanitary and congested dwelling accommodations has produced an alarming economic and social condition in this city. The immediate adoption of this article will enable many housing projects to be undertaken in this city which otherwise cannot be financed at this time. This development and construction will furnish employment to many persons now idle, enable them to become self-supporting, and will alleviate the aforesaid housing conditions.
SECTION HISTORY
Based on Ord. No. 95,222.
Loading...