HomeMy WebLinkAboutRES NO 29-52 RESOLUTION NO. 29-52
A RESOLUTION RESCINDING AND CANCELLING .RESOLUTION NO.
19-'52, RATIFYING AND CONFIRMING RESOLUTION NO. 99
ADOPTED JANUARY 22, 1951, RESOLUTION NO.' 100 ADOPTED
JANUARY .29, 1951 AND CdQPERATION AGREEMENT DATED
JANUARY 29, 1951 EXECUTED BETWEEN THE-HOUSING AUTHORITY
OF THE COUNTY OF KERN AND 'THE CITY OF BAKERSFIELD.
WHEREAS, on March 3, 1952,.the Council of the City of
Bakersfield adopted Resolution No. 19-52, whereby the Cooperation
Agreement:between the Housing Authority of the County of Kern
and the.City of Bakersfield, dated~January 29, 1951, and Resolu-
tion No. 100~ dated January 29, 1951, were rescinded; and
WHEREAS, since the adoption of said Resolution NO.-19-52
it has been brought to the attention of said Council.of the City
of Bakersfield that on January 22, ·1951, the Council of-the City
of Bakersfield adopted Resolution No. 99, wherein and whereby 'the
City Councilor the City of Bakersfield resolved as follows:~
"Section 1. That, pursuant to Section 5 (f) o.f.
the Housing Authorities Law of the State o~f California,
consent is hereby given to the Housing Authority ofthe
County ofKern to operatein the City of Bakersfield,"
which said ResolUtion No. 99 is still in .full force and effect;
and '
WHEREAS, it has been brought to the attentionlof. the
City Council of the City of Bakersfield that'since the adoption
of said Resolution No. 99 dated January.22, 1951 and said Resolu-
tion No, 100 dated January 29, 1951, and said Cooperation Agree-
merit between the Housing Authority of the County Of Kern and the
C!tY of Bakersfield, dated January29, 1951, and/prior to the
datelof'the adoption of Resolution No. 19.52, said Housing
Authority ofthe County of Kern has expended.in'reliance thereupon
a sum in excess' Of One Hundred Thousand Dollars ($100,0000.00);
and "'
._ .....'.-; ....; .. , ..... ~--- ..
rescinded, set aside and nullified from itsinception.
BE IT FURTHER RESOLVED THAT Resolution'No. 99, dated
January 22, 1951, and Resolution No~'100,'dated January 29, 1951,·
and the Cooperation Agreement, dated January 29, 1951 between the
Housing Authority of the County of Kern and the City of Bakersfield
be, and each of them is hereby ratified, conf~rmed, republished and
approved. .
'. -o0o ........ ,-
· I HEREBY CERTIFY that the foregoing Resolution was passed
and adopted by the Council of the City of Bakersfield .at a regular
meetingthePeof held on the 7th day,of April, 1952, by the follow,
ingvote:
Ayes: Carnakis,.Shurley, Vanderlei
Noes: Saunders, Smith, Sullivan, Vest
Absent:" None :~
· '~' Council of the City of Bakersfield.
APPROVED this 7th day of April, 1952 .... '
MAYOt[of the City of Bakersfield
WHEREAS, it has been called'to the attention of the
City 'Council of the City of Bakersfield that its act in passing
Resolution No. 19-52 is in violation of the Constitution of the
State"0f California and of the United States of America prohibit-
ing the passage Of any law impairing the obligations of contracts,
and that the said Cooperation Agreement'dated.January 29i 1951,
between the Housing Authority of the' County of Kern and the City
of Bakersfield is a contract; and
WHEREAS, it has likewise been brought-to the atten-
tion of the City 'Council of'the City of Bakersfield that the
Supreme Court of the State of Montana'in the Case entitled
"STATE OF MONTANA, on Relation of Helena,HouSing Authority, a
body corporate, Plaintiff and Eelat0r, .vs. THE' CITY COUNCIL OF
theCity'ofHelena, Montana, etal.,:'Defendants and Respondents,"
and numbered 9185 on the records of said Supreme'Court, did on
March22', 1952 rule and hold that an ordinance purporting to can-
cel,'revoke and set-aside a cooperati.on agreement between a hous-
ing authority and the City of.Helena was a..void and invalid attempt
on the part of the City Council of the City Of Helena'to impair
theobligations of a valid and subsisting contract in direct vio-
lation of the provisions of the United States and Montana Consti-
tution prohibiting the passage of any law impairing the obligations
of contract, and held that such ordinance was therefore void,.null
and of no effect from its inception; and
WHEREAS, ;it appears to the City Council of the'City of
Bakersfield that if it insists upon the validity of its action in
adopting Resolution No. 19-52, extended litigation will ensue and
irreparable damage will be done to the Housing Authority of the
County of Kern and the people of the City of Bakersfield.
THEREFORE IT IS RESOLVED.~hat Resolution. No. 1.9-52
approved March 3, 1952, be and the same iS hereby cancelled,