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HomeMy WebLinkAboutCC RES 97-104RESOLUTION NO. 97-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT ESTABLISHING A HOUSING AUTHORITY PURSUANT TO TIIE HOUSING AUTHORITIES LAW THE CITY COLTNCIL OF THE CITY OF PALM DESERT HEREBY FINDS, ORDERS, DECLARES AND RESOLVES AS FOLLOWS: Section 1. The Housing Authorities Law (California Health and Safety Code Section 34200 �. �.) (the "Law") provides that in each city there is a public body, corporate and politic known as the housing authority of the city. Section 34240 of the Law provides that the authority shall not transact any business or exercise its powers unless, by resolution, the governing body of the city declazes that there is a need for an authority to function in it. Section 2. The State Legislature has declared that there exist in the State unsanitary or unsafe dwelling accommodations and that persons of low income are forced to reside in such accommodations; that within the State there is a shortage of safe or sanitary dwelling accommodations available at rents which persons of low income can afford and that such persons are forced to occupy overcrowded and congested dwelling accommodations; that these conditions cause an increase in and spread of disease and crime and constitute a menace to the health, safety, morals, and welfare of the residents of the State and impair economic values; that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident protection, and other public services and facilities. In addition, the State Legislature has declared that certain areas cannot be cleared, nor can the shortage of safe and sanitary dwellings for persons of low income be relieved, through the operation of private enterprise, and that the construction of housing projects for persons of low income would therefore not be competitive with private enterprise. Finally, the State Legislature has declazed that the clearance, replanning, and reconstruction of the azeas in which unsanitary or unsafe housing conditions exist and the providing of safe and sanitary dwelling accommodations for persons of low income are public uses and purposes for which public money may be spent and private property acquired and are governmental functions of state concern; that it is in the public interest that work on such projects be commenced as soon as possible in order to relieve unemployment which now constitutes an emergency; and the necessity in the public interest for the provisions of the Law is declazed as a matter of legislative determination. Based on reports and other information presented to the City Council, the City Council hereby finds that either or both of the con3itions described by the State Legislature in the first pazagraph of this Section 2 exist in the City of Palm Desert (the "City"). In making this determination, the City Council took into consideration the factors set forth in Section 34243 of the Law. RESOLUTION NO. 97-104 ti . Based upon the above finding, the City Council hereby determines and declares that there is a need for a housing authority to function in the City. . e i n 4. The Palm Desert Housing Authority (the "Authority") is hereby established pursuant to the Law and is hereby authorized to transact business and to exercise its powers under the Law. Section 5. Pursuant to Section 34290 of the Law, the City Council hereby declares itself to be the Commissioners of the Authority and further declazes that all the rights, powers, duties, privileges and immunities vested by the Law in commissioners of an authority shall be and are vested by the Law in commissioners are vested in the City Council. Section 6. Regulaz meetings of the Commissioners of the Authority shall be held on the day or days and at the time and place of regular meetings of the City Council. Section 7. The City Council hereby appoints the staff serving the City Council and the Palm Desert Redevelopment Agency to be the staff of the Authority. PASSED, APPROVED AND ADOPTED this l lth day of December,l997. AYES: CRITES, FERGIISON, KELLY, SPIEGEL and BENSON NOES: NoxE ABSENT: NoxE ABSTAIN: xoxE � ATTEST: !� �� `,�� `� - C�-y.,C.Sz��'�. � Sheila illigan, City Cler c `� `� �� � / ✓ , �l�l.' ���1'`i.�'y Mayor 2