HomeMy WebLinkAboutRES NO 27-73e
· 'RESOLUTION N0, 27-73
A RESOLUTION OF THE COUNCYL OF THE CITY
OF BAKERSFIELD AUTHORIZING EXECUTION OF
GRANT AGREEMENT BETWEEN THE CITY AND THE
IR~IITED STATES OF AMERICA, SECRETARY OF
HOUSING AND URBAN DEVELOPMENT.
WHEREAS, City of Bakersfield (the '~pplicant") has hereto-
fore submitted an application to the United States of America,
'Department of Housing and Urban Development (the "Government"~ for
a grant under Section 702 of the Housing and Urban Development Act
of 1965, as amended, to aid in financing a certain public works
identified as Project No. WSF-CA-09-16-1046; and
WHEREAS, the Government has approved the said application
and has submitted to the Applicant a certain Grant Agreement (the
'~greement") for approval and execution by the Applicant, which said
Agreement is satisfactory.
NOW, THEREFORE, BE IT RESOLVED BY THE City Council of the
.Applicant, that the said Agreement, a copy of which is attached hereto,
be and the same is hereby approved. The City Manager is hereby
"aUthorized and directed to execute the said Agreement in the name
and on behalf of the Applicant, in as many counterparts as may be
necessary, and the City Clerk is hereby authorized and directed to
affix or impress the official seal of the Applicant thereon and to
attest the same. The proper officer is directed to forward the said
executed counterparts of the said Agreement to the Government,
'together with such other documents evidencing the approval and
authorization to execute the same as may be required by the Govern-
ment.
o0o - -
I HEREBY CERTIFY that the foregoing Resolution was passed
and adopted by the council of the. city of Bakersfield at a regular
meeting thereof held on the 30th day of April , 1973, by the follow-
ing vote:
AYES: COUNCIL.~,'~EN BLEECKEP., HEISEY,/~L~I~"RS, RCg~;IR~, STRONG, TNOMAS, WHITTI~MORI~
ABSENT COUNCIL~AEN:
C CLERK nd Ex ff of the
ITY a
Council of the City of Bakersfield
CERTIFICATE ,
I, the undersigned, hereby certify: (1) that I am the duly
appointed, qualified and acting City Clerk of the Applicant desig-
nated in the foregoing Resolution Authorizing Execution of Grant
Agreement; (2) that I am the custodian of the records of the Appli-
cant including the records of its Governing Body designated in the
Resolution; (3) that the above copy of the Resolution is a true and
correct copy of the said Resolution as adopted at a duly authorized
meeting of the said Governing Body held on April 30 , 1973, and on
file and of record; (4) that the said meeting was duly convened and
held in accordance with all applicable laws and regulations, that
a legal quorum was present throughout the meeting, that a legally
sufficient number of members of the said Governing Body voted in the
proper manner for the adoption of the said Resolution, and that all
other requirements for the proper adoption of the said Resolution
were fully observed; and (5) that no action has been taken by the
8aid Governing Body or the Applicant to reconsider, amend or .rescind
the said Resolution.
IN WITNESS WHEREOF, I have h~reunto" set my hand and the seal
of the Applicant this 30th day of Apri.1 , 1973.
CITY CLERK and f f the
Council of the City of Bakersfield
'APPROVED thiS~-~T0'th" ay of April, 1973
\%"\ , · ~,,
ield
APPROVED:
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Water and *Sewer Facilities' Grant Program
CITY OF BAKERSFIELD (CALIFORNIA)
Project No. WSF-CA-09-16-1046
OPINION AND CERTIFICATE OF COUNSEL
ACCOMPANYING GRANT AGREEMENT
1. We the undersigned, counsel for City of Bakersfield have examined
the record of all proceedings, including, particularly, that
certain resolution adopted on the 30th day of April , 1973,
by the Applicant, relative to the authorization, approval, and
execution of that certain Grant Agreement referred to therein
and numbered H-602-4168, by and between the Applicant and the
United States of America (herein called the "Government").
We have also examined the counterparts of the Agreement as
executed on behalf of the Applicant.
2. It is our opinion that:
(a) Said proceedings have been taken, said resolution has been
adopted, and the Grant Agreement has been executed on
behalf of the Applicant by its proper officials, in form,
· manner, and otherwise as authorized by law.
(b) When each of said counterparts of the Grant Agreement shall
have been duly executed by the Government, said Grant
Agreement will constitute a valid, binding, and legal
agreement between the aforesaid parties thereto in
accordance with its terms.
3. WE DO HEREBY CERTIFY THAT:
(a) None of said proceedings'and no authority for the authori-
zation, execution, and delivery of the Grant Agreement have
or has been repealed, rescinded, or revoked, and said
resolution is in full force and effect.
(b) No..!itigation of any nature is now pending or threatenad
(in either State or Federal courts) restraining or
enjoining the Applicant's execution of the Grant Agree-
ment or in any manner questioning or affecting .the
validity thereof or of the proceedings aforesaid, and
neither the corporate existence nor the legally prescribed
area of operation of the Applicant nor the title of its
p~esent officers to their respective offices is being con-
tested.
(c) To the date hereof, no legislation has been enacted during
the present session of the Legislature of the State of
Califo~rnia, if now in session, or during the last session
of such LegiSlature, if adjourned sine die less than six
months ago, which affects the organization of the Appli-
cant or its power or authority to finance, undertake, or
carry out the Pro~oject._~ontemplated by the Grant Agreement
in accordance with the laws pertaining thereto in effect
prior to the convening of ~Uch session of the Legislature.
This'30th day of April, 1973.
Kenneth W. Hoagland City Attorney
CITY OF BAKERSFIELD