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HomeMy WebLinkAboutRES NO 23-78RESOLUTION NO. ~3-78 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE CITY RECORDS, DOCUMENTS, INSTRUMENTS, BOOKS AND PAPERS, PURSUANT TO SECTION 34090 ET SEQ. OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. WHEREAS, a request has been made by the Board of Charity Solicitations for authority to destroy certain obsolete city records, a copy of said list of records is attached as Exhibit "A"; and WHEREAS, said request has been approved by the City Attorney and is in accordance with the procedures and require- ments of the City and Section 34090 et seq. of the California Government Code. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield that pursuant to Section 34090 et seq. of the Government Code of the State of California, approval is hereby granted for the immediate destruction of the items listed in the said Exhibit "A" and for the continued destruction of such listed items after they become two years old. o0o ASSURANCES The State agrees to take necessary action within State capabilities to require compliance with these assurances by the applicant or to assume responsibility to the Federal government for any deficiencies not resolved to the satisfaction of the Regional Ditac tot. The Applicant Certifies: B. That (to the best of his knowledge and belief) the disaster relief work descried on each Federal Disaster Assistance Admin- istration (FDAA) Project Application for which Federal financial assistance is requested is eligible in accordance with the criteria contained in 24 Cod. e of Federal Regulations, and FDAA (IIUD) llandbooks. C. That it is the legal entity responsible under law for the performance of the work detailed or accepts such responsibility. D. That the emergency or disaster tenet work therein described for which Federal assistance is toquested hereunder does not or will not duplieata benefits received for the ~art~ loss from another sourca. E. · That all information given by it herein is, to the best of its knowledge and belief, true and correct. F. That all financial assistance received under this application will be, or has been, expanded in accordance with applicable hw and t~gulatlons thereunder. The APplicant .Agrees: G. To (i) provide without cost to the United States all lands, easements, and rights-of-way necessary for accomplishment of the ap- proved work; (2) hol;I and save the United States free from damages due to the approved work or Federal funding. H. To comply with Tide V1 of the Civil Rights Act of 1964 (I'L 88-352) and aH requirements imposed by the Federal Disaster A~- sislance Administration pursuant to that Title to the end that, in accordance with Title V1 of that Act and the Regulation, no .person in the United States shaH. on the gsound of race, color, religion. nationality, sex, age, or economic status, be excluded from participation in; be denied the benefits of, or be otherwise subjected to discfixnination under any program or activity for Which the Applicant reccivtxl Federal financial as,~istance from the Agency and !IEREBY GIVJ':S ASSURANCE TIIAT it will immediately take any measures necessary to effectuate this agreement. I. That if any real property or structure thereon is provided or improved with the aid of Fedeta] financial assistance extended to the Applicant by the Fedcrat Disaster Assistance Administration, this assurance sitall obligate the Applicant, or in the case of any transfer of such property. any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another pt, rpose involving the provision ol: similar services ot benefits. If any personal property is so provided, this assurance shah obligate the Applicant for the period during which it retains ownerskip ot potsession of the property. in all other cases, this assurance shall obligate the Applicant for the period during which the Federal financial assistance is extended to it by I"DAA. J. That the assuranc~ is given in consideration of and for the purpose of obtaining any and all Federal grants. loans, reiniburse- ments, advances, coneacts, propcRy, discounts or other l"edcral financial assistance extended after the date hereof to the Ap- pitcant by FDAA, that such Federal Financial assistance will be extended in reliance on the representations and agreements made in this assurance and that the United States shall have the right to ~ek judicial enforcement of this assurance. This assurance is binding'on the Applicant, its successors, txansferees, and assigness, and the person or pc,sons whose signatures appear 6n the reverse ate authorized to sign this assurance on behalf of the Applicant. K. To obtain and maintain any flood insurance as may be required for the life of the project(s) for ~vhich Federal financial assistar,,-e for acquisition or construction purposes for buildings or mobile homes was provided herein; and, to obtain and maintain any other insurance as may be reasonable, adequate and'necessary to protect against further loss to any property which was replaced, restored. repaired or constructed with this assistance. L. That. as a condition for the grant. any repair3 ot construction financed herewith, shah be in accordance with applicable standards of safety, decency and sanits lion and in conformity with applicable codes, specifications and standards; and, to evaluate the natural hazards in areas in which the proceeds of the grant or loan are to b~ used and take appropriate action to mitigate such standards, including safe land use and construction practices. M. To defer funding of any projects involving Flexible fundin.r. under Section 402 or Section 4 19 until FDAA makes a favorable environmental clearance detetndnation, if tills is required. EXHIBIT "A" Applications, statements, records, investigations, credentials, notices, requests and reports filed or kept pursuant to Chapter 7.10 of the Municipal Code. Above items shall not include any records affecting title to real property or liens thereon, court records, or the minutes or resolutions of the Board of Charity Solicitations. 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 15th day of March , 1978, by the following vote: AYES: COUNCILMEN I~Ft-e'M, CHRISTENSEN, MEDDERS, PATTY, ROGERS, SCEALES, STRONG NOES: COUNCILMEN: ABSENT: COUNCILMEN: ABSTAINING COUNCILMEN: CITY~ER~Kan fficio Cler o Council of~Bakersf~el~ the APPROVED th.i~;~ 5~ ~ day of March ~~~TC-'~L~ of Bakersfield , 1978 APPROVED as to form: CITY ATTORNEY of Bakersfield