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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