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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of Kern and the.City of Bakersfield, dated~January 29, 1951, and Resolu- tion No. 100~ dated January 29, 1951, were rescinded; and WHEREAS, since the adoption of said Resolution NO.-19-52 it has been brought to the attention of said Council.of the City of Bakersfield that on January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 rescinded, set aside and nullified from itsinception.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,